Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-03-24
HOUSE OF REPRESENTATIVES,.
TUESDAY. March 81. 1877

1lOOOE OI MI hTLJILN La IL ' fI1.
TUESDAY, March 81, 1871.
by Mr.. Mcneil : A bill to allow appeals
from the County Commissioners to the
Superior Court referred.
SPECIAL ORDER
was announced, which, being the Con
vention bill. the Clerk proceeded 10 read
! it.
Mr.. Johnston. of Buncombc, called the
previous question.
| Mr.. French called for the yeas and nays
The cali was sustained, and the previous
question was ordered by vote Of yeas
55. nays 55. Tho Speaker voted in the
! affirmative
The bill was then put on it's second
reading and failed to pass by the following
ballot
1E4s.-Mesers. Anderson, Armstrong. Asho,
| 6ttw4tef, Athlnson, Brosdfoot, BrJscn, Carson,
Drake, Dunham, Fur, Gambrej, eating, Gors,
Gu!ilck, Grayson, Gregory. Hampton, Harris, OF
9uLlord, henderson, Houston, Hui, uinnaut,
Johnston, Of Buncombe, John4, Jones, of Cald-
well, Joyner, Of Johnston, Joyn.r, OF Pitt, Jor-
dan, Kelly, OF Dayie, Kelly, Of Moore, Kelsey,
klncaid, Lagsiter, Lacas, Luckey, Martin, Mar
| Ter. Maxwell, McAfee, McAu:5ter, Mcjauley,
! Mcneil. Mitchell, Nicholson, Pay.or To#oii,
Rankin Roid, Regain, Robinson, 2c0tt. Kettle
shun, Smith, Of A6son, smith, II W9yn6, SPAR
row, eiantord, Stewart. Tom inson, WAring
We!ch. W!tders. Wom&ch, Woodhousc and
NAYs.-Messrs. Brooks, Brown. BRYANT, Of
HalfaXz ljryan, OF Jones, Buun, Buxton, Cav.
thorn, Collie, Copeland, Dudley, Ellison, Faulk-
ner, Fisher, Fletcher, French, Cinrri3on' Good
WnJ GYytller, Harris. OF Franklin, Eargroye
Hardy, johnson, OF EdgccOmbc, Jones. OF North.
amFton, Justice, loitin, Lyon, MADISON, Morris
Morgan, OF Montgomery. Morgan, Of Wake
NILS NeWsoIno, SI5s2n, Page, Phillips, Reavis
Robki 4, smith, OF Halifax. jtrudwick, sykes,
1pGker, willie, williamson, AMI Young Of
The Speaker declared that The bill had
not received the requisite two thirds vote.
MIR. Str1dWick then moved to recon.
slder the vote by which the bill failed to
pass It's second reading. (he having voted
against it for tEat pu~pogel
MADISON, colorcd, moved TO lay the mo
ton to reconsider on The table.
The yeas and nays wore called and The
H0nse refn>ed TO table tine motion 10 re
Consider ~ vote Of yeas A. nays 70.
The motion TO reconsider was theu pnt
to vote and carried--yeas 70. NAYS 10.
Mr.. Strudwick said that this insertion
OF this tWo-thlrds clause in The bill was u
concession III Radicai8m which should
bring the blush Of shame to TO the check
OF every Democrat. lie wished the amend
ln9nt adopted, and then if this tongh
headed accidental official should still usnrp
the power to thwart the almost aunani-
mons viii Of the people, the Hnuso should
ny simple resolution, install the Presi-
dent OF tho Senate, pro tenn i'll the Execu-
tive char. and !4o wcnld perhaps have con
science better adapted to tho occasion. -
lie moved to strike from the bill thu words
'twO thirds cOncurring."
Mr.. Morris, (Rep.) offered a substitute
Tor the whole bill, which in subatan~~
section 5. viii = 4oyIdes that tie Legisla,
lr.-y- snail levy sufficient tax to pay the
interest on the public debt. This substi- |
5uto proposes to amend the Constitution |
by legislative enactment.
Mr.. French, (Rep.) took the floor in OPP ,
position to any Convention bill. lie
thought that this Legislature should at
once, IN manly way, grapple with these
questions of fuance. He Thought tnat
.mendments to the Constitution by legis-
alive enactment was the proper mode of
proceeding, and would bring relief speed
~ enough. He thought the passage Of
his bill without q two-thirlJ vote Would
20 revolutionary.
Mr.. Johnston, of Buncombc, ead that
he positions taken by Mr.. French and the
Governor in regrrd to this mat
er were in conflict. Mr.. &. acknowledges
hat If this bill had passed 10y a tWo-thirds
'Oto 1t would have been perfectly constitu-
ional and not revolutionary, but his acct
Lental Exccliency declared in his arrogant
nd presnmptuou8 communication, that
he people, his masters, could not call q
Convention IN any way. Mr.. Johnston
ontinued for sometime in support of the
ecent action OF tho Legislature upon the
Irst Convention bill. The people had ,
very eight to call this Convention and
elleve themselves of the burdens and
hains placed on them by a horde of
lfangeIs, and under which they stIl +
roam.
Mr.. j. continued to some length in ar {
Qing upon the legal and constitutional 6
oints involved and in denunciation of the !
curse of the accidental Governor aud
ther Radicals IN seeking to deprive the q
eopie Of their rights and powers, and pre-.
ent1ng redress Of their numerous wrongs .
nd grievous burdens under which they 1
re now lab0ring. {
Mossrs. Harriss, OF Franklin, and Justice +.
ere opposed 10 any Convention bill what. 7
yer. Mr.. Justice was willing to shoulder {
IS musket, if need be, TO sustain Gov. !
aldwelI. .
Mr.. Mills was in favor Of My. Strud- t
ick's amendment. lie did not like 10 set t
le precedent that it took two-thirds i
ote for the people 10 say whether they a
Ould have q Convention, therefore. he Il
0ted against the bill, as he believed that i
lose words "twO-thirds concurrinp" was
dIrectd blow at the rights and Liberties Of
Is people. He was heartily in favor Of
LII submitting this matter to vote Of the
7oplc and let them decide !; therefore, he q
oped the amendment offered by Mr..
trudwsck would prevail.
Mr.. Chamberlain said that when he first o
me into the Legislature he was strongly
favor Of q Convention, but the discus z
on had alarmed him. Cali your Conven-
on by majority vote, and what do we q
e? Gov. Caldwell marching up the 6
rect with Mr.. Justice by his side, with al
is musket on his shoulder ready to do h
attic in his defence h
MIR. Chamberlain occupied the floor at
myth in an eloquent and most forcibIe b.
gument for Convention, as an imperative
'cessity to the wants of the people. %,
lr: C's speech will appear hereafter in to
H. vS
MIR. Phillips made lengthy argument m
opposition to any sort Of Convention lii
OPPOSITION whatever. He dwelt especial IN
on the point that tho oaths of the n en- fe
rs of the Convention not to interfere of