Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1875-10-08
THE CONSTR UTEONAs. 13osyEH-
TaON
TWEEN rY- FIFTH DAY.
From the alti.h News

|
pl'tinR ;hia roAn, lh' Stut., ,luw own
p iI'f tine same. !trf.rrod
: by MI. Hoitoh, II re4nrtion that iI,
! contestants from Enb.-son count,
! M'ssr-. NOrm,.nt and McNri!!, Ia. t.ai.
per diem and mileage from tive begin
illhg OF the session to the time Of ia,
decision of the Question:
KuleA suSpend Il, and the resolution
adopted.
CALENDAR.
Ordinance to strike out secs Is. II
ana IL, art. 4 aud insert the following
HE t'-ncrhi Assembly shalt Ltyt
no power to deprive the j1ld cia de-
pat'Iheht OF any power or jurisdiction
winch rightly pertains to it as II CO.
ordinate department of til" govern
h.ent' but the General Assembly ahull
ano' ara d'stI1bute that portion of this
power and jurisdiction which does not
pertain to the Supreme Court among
III" other courts prescribed in tins
Constitution, or which mny DO estnb-
iIshrd by Law, i'll such manner as it
may deem best, provide also a proper
system OF appeals, and regulate by law,
Then necessary, the methods CT pro
coeding III the exercise of their DOW
ers, OF all the courts below the Su-
pftme Court. SO TAR as the same may
be done without conflict with other
provisions OF this Constitution.
MIR. Bennett called the previous
question, which call was sustained by
n vote of 40 to As, aud the ordinance
! then passed it's second reading by n
| vote OF 80 to 46.
On motion of Mr. French, the Jules
were susp 'nded to consider the ord.-
nance establishing IL Department of Ag-
grlculture, Immigration and St;4ti ties,
| Under such regulations a. may best
I promote the agricultural Interests of
the State, and shall enuct laws for the
adequate protection aud encourage
ment OF sheep husbandry, the same Ia
take the place OF sec. II, art. ;, OF the.
present Constitution.
Air. Turner objected to the manda-
tory character OF the ordinance pro
posed.
Mr.. French explained the objects
sought to be obtained, that it was in
tended to benefit and protect the farm
ing community, that the proposition
originated with the Ira' gers, and chat
such departments had worked we'll in
other Southern States. He deemed
that ali forts that had been made I'M
der the present law had proved
failures.
The ordinance then pessed it's second
and third readings a most
On motion of Mr.. Turner, the rules
were suspended, and the ordinance de-
clarlng that secret political societies
are dangerous to the liberties of a free
people and should not be tolerated, was
considered aud passed It's second and
third readings
Ordinance to strike out sec. 33 art.
> OF the Constitution, beng IL substI-
tute from the committee, was cpnsid
cred. This ordinance drprlvr. the. |
mag 'strates of the Jurisdiction now
granted them, and allows the General
Assembly to define their Jurisdiction. |
Mr. B8Wmau, rep. opposed the or |
dlnahce. The workings of the MagiS- |
tratGs III hts section of the country
had always proved acceptabIe, and he
could see no good reason to take away /
from the Justices the Jurisdiction now |
granted Them. He was unwilling to
place this pu~er III the hands of the. /
General Assembly.
Mr., Jarvis, dean ,.xpi,in~. :he |
uecres!ty .! placing in the hand, IF
The Legislature the pow, 20 arranE,
the jurisdiction Of til" Iuetict. OF iil, /
Peace. as occasion might at any time
requue change, s,lt not make ii /
necessary to 60 to the expense Of |
changing the Constitution when any !
chang III this Jurisdiction NAV be |
needed.
Mr.. Barringnr favored the orli-
names to strike out. He had always |
favored the county court system. The |
present system worked injury to all
classes, and cheap culrta should be |
established. Yet he Thought no Leg
islature would ever do this, and hence
that body shonld have the power to
say where the jurisdiction of Magiz-
trates should commence aud end.
Mr.. Bennett moved the previous
question, which cali was sustained by
Il vote of so to 49,
The substitute was adopted by
vote of 81 to At
Pending further consideration, the
sp ecial order was announced.
SPECIAL ORDER
Ordinance to amend sec. Is art l re-
lating to the public debt of the State.
Mr.. Turner submitted n substitute
from the Committee on Bill of Rights
providing that the State shalt never
pay or assume any debt incurred since
tire LIST day of January, 1868, and prior
of any railroad corporation under any
ordinance, resolution or act by any
Convention or General Assembly, and
the General Assembly shall not in any
measure recognize said debt
Mr.. Durham submitted substitute,
being the same as submitted Saturday
from the Committee on Public Debt, |
except that part which provided that |
no interest which has accrued or may
hereafter accrue upon any bonds Of the |
State shall ever be paid.
Mr.. Jarvis moved all amendment |
striking out that portion which gives |
the General Assembly tire power to |
levy tax to pay any part of the spe |
cial tax bonds.
Mr.. Jarvis sustained Mt some length |
his amendment He considered the !
old debt of the State sacredly binding |
upon the State. but he did not think |
one cent should ever be paid upon the !
special tax bonds. In saying that
these bonds were born in corruption |
he did not wish to reflect individually |
upon the members of the Legislature |
of 1868, as he recognized as members |
Of that body, who voted for many of /
these measures. gentlemen above any |
of the cOrrnpting influences then
brought TO bear upon ali legislation: |
but it was an indisputabie fact that the
entire control of that Legislature was
in the hands of Milton S. Littlefield. |
At the time these bonds were issued /
+ and placed upon the market it WAS
known throughout this country that
North Carolina was not able to pay
her old debt, and that parties who
bought them did so knowing this to be
the ease. A the matter stood at pres
ept, any General Assembly had the
power to repeal the law adopted III
1869 70, which prevented the assess
ment of any taxes to pay the interest
on the debt Of North Carolina, and he
wished to take this power from the
General Assembly.
Mr.. Young moved to lay the whole
matter npon the table. Lost.