Weekly Standard

PROCEEDINGS OF THE LEGISLATURE.

ADJOURNED SESSION.

SENATE.

Tuesday, May 17, 1864.

Senate met at 11 o'clock.

Speaker in the Chair.

Prayer by Rev. Dr. Deems.

The roll was called, and, a quorum being present, the following members answered to their names:

Mr. Speaker, Adams of Davidson, Arendell, Aycock, Bagley, Berry, Dickson, Ellis, Faison, Hall, Harriss of Franklin, Harriss of Rutherford, Holeman, Jones, Lassiter, Lindsay, Neal, Outlaw, Patton, Patrick, Pitchford, Sanders, Simpson, Smith, of Anson, Warren, Whitford, Wright and Young

Messrs. Boyden, and Berry appeared, presented their credentials, and were qualified in accordance with law.

On motion of Mr. Simpson a message was sent to the House stating that the Senate was duly organized and ready for business.

A message was received from the House stating that it was also duly organized and ready for the transaction of business.

On motion of Mr. Simpson a message was sent to the House proposing to raise a joint select Committee of two on the part of each House to wait upon His Excellency, the Governor, and inform him that both Houses were duly organized and ready to dispatch public business.

A message was received from the House concurring.

The Speaker announced Messrs. Simpson and Jones as constituting the Senate branch of said Committee.

Mr. Jones reported that His Excellency had been waited upon and would report in writing at 12 o'clock.

The Speaker appointed Mr. Berry in place of Mr. Graham on Finance Committee.

On motion of Mr. Simpson the Senate adjourned until to-morrow at 10 o'clock.

HOUSE OF COMMONS

The House was called to order by the Speaker at 11 o'clock, A. M.

The roll was called and a quorum appeared, sixty-nine members having answered to their names.

On motion of Mr. Shepherd a message was sent to the Senate, informing that body that the House was organized and prepared to execute any joint order.

Mr. Leathers, member elect from the county of Orange and Mr. Reinhardt, member elect from Catawba county, appeared and were qualified.

On motion of Mr. Grissom, leave of absence for several days was granted to the principal clerk of the House.

A message from the Senate announced the due organization of that body and proposed that a joint select committee, consisting of two on the part of each House, be raised to wait on His Excellency, the Governor, and receive any communication he might wish to make.

The House concurred, and the Speaker appointed Messrs. Shepherd and Shober as the House branch of the Committee.

Mr. Shepherd, from the Committee to wait on the Governor, reported that His Excellency would communicate with the two Houses by message at 12 o'clock, M.

The residue of the session was devoted to the reading of the Message and the accompanying documents, which, on motion of Mr. Shepherd, were sent to the Senate with a proposition to print.

The Speaker appointed Mr. Russell of Brunswick, a member of the Committee on Finance, in place of Mr. Berry, resigned.

On motion of Mr. Avera the House adjourned until to-morrow 11 o'clock, A. M.

SENATE

TUESDAY, May 18, 1864.

Senate met at 10 o'clock.

Speaker in the Chair.

Prayer by Rev. Mr. Landsdale.

The Governor's message, together with other public documents, was received from the House, with a proposition to print; which proposition was concurred in.

The message was read, also several other documents, when Mr. Lindsay moved to suspend further reading. Not agreed to.

Subsequently, on motion of Mr. Ellis, their further reading was suspended.

A bill passed, authorizing three justices of the peace in the counties of Carteret and Craven, to transact business which heretofore required four.

Mr. Adams of Guilford introduced a bill to amend an act passed at the second extra session, entitled, "An act to change the jurisdiction of the courts, and the rules of pleading therein." Passed its first reading and referred to the Committee on the Judiciary.

On motion of Mr. Boyden, a committee of five was appointed to consider that portion of the Governor's message relating to conscriptions and exemptions; and Messrs. Boyden, Patton, Holeman, Aycock and Pitchford were appointed.

Mr. Warren moved that a message be sent to the House proposing to raise a joint select committee of two on the part of each House to consider that portion of the Governor's message relating to habeas corpus. Agreed to.

Mr. Young moved that a message be sent to the House, proposing to raise a joint select committee of two on the part of each House to consider that portion of the Governor's message relating to poor and indigent families. Agreed to.

On motion, the Senate adjourned until to-morrow at 10 o'clock, A. M.

HOUSE OF COMMONS

The House was called to order at 11 o'clock A. M.

Prayer by the Rev. Dr. Deems of the M. E. Church.

The journal of yesterday was read and approved.

Mr. Shepherd introduced resolutions, which were adopted, referring those portions of the Governor's message which relate to Finance, to Military Affairs, and to the holding special sessions of the Supreme Court, to the appropriate Joint Standing Committees; also a resolution proposing to raise a joint select committee on that portion of the message which relates to the recent legislation of the Confederate Congress in reference to blockade running, etc.

Mr. Shepherd also introduced a resolution requesting an inquiry by the Judiciary Committee, as to what legislation is necessary to save from loss guardians and others holding in trust on the first day of April last, Confederate Treasury notes or four per cent. bonds, of the Confederate States, procured by such trustees with Treasury notes in funding under the act of Congress, ratified February 17th, 1864.--Adopted.

Mr. McCormick, a resolution to raise a Joint Select Committee on that portion of the Governor's message which relates to Impressments. Adopted.

Mr. McKay, resolutions exempting State and other officers from conscription. Referred to a Select Committee.

Mr. Avera, the following resolutions concerning the suspension of the privileges of the writ of habeas corpus, which were read, referred and ordered to be printed:

Resolutions Condemning the Suspension of the Privileges of the Writ of Habeas Corpus.

Whereas, It is declared in the Constitution of the Confederate States, Art. 1st, Sec. 9th, part of paragraphs 15, 16, "That the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated, and that no warrants shall issue but upon probable cause supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized, and no person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces or in the militia when in actual service in time of war, nor be deprived of life, liberty or property without due process of law."

And whereas, it is declared in the Constitution of North-Carolina, Bill of Rights, Secs. 7, 8, 9, 11, 12, 13, "that in all criminal prosecutions every man has a right to be informed of the accusations against him, and to confront the accusers and witnesses with other testimony. That no freeman shall be put to answer any criminal charge but by indictment, presentment or impeachment, nor shall be convicted of any crime but by the unanimous verdict of a jury of good and lawful men in open court. That general warrants whereby any officer or messenger may be commanded to search suspected places without evidence of the facts committed or to seize any person or persons not named whose offence is not particularly described and supported by evidence, are dangerous to liberty and ought not to be granted. That no freeman ought to be taken, imprisoned or disseized of his freehold, liberties or privileges, nor outlawed, or exiled, or in any manner destroyed or deprived of life, liberty or property, but by the law of the land. That every freeman restrained of his liberties is entitled to a remedy to enquire into the lawfulness thereof and remove the same if unlawful, and that such remedy ought not to be denied or delayed."

And whereas, the writ of habeas corpus, the great Magna Charta of the people of the Confederate States, distinguishing a free Republican constitutional government from an absolute despotism, was on the 1st day of February last, by the Congress of the Confederate States, so suspended as to deprive persons arrested or detained by order of the President, Secretary of War or General officer commanding the Trans Mississippi Department of the privileges of said writ.

And whereas, one clause of said act provides that the President shall cause proper officers to investigate the cases of all persons so arrested--thus placing in his power to confer on military tribunals (appointed by and responsible only to him) to determine the life and liberties of the citizen instead of leaving it where the Constitution and laws have placed it, to the proper judicial tribunals of the country, which, in the opinion of this Legislature is a subversion of the spirit of the Constitution both of the Confederate States and the State of North-Carolina. And whereas, the preservation and perpetuation of constitutional liberty is the only object our people and heroic soldiers have in our present struggle with the federal government: Therefore,

Resolved, That in the opinion of this General Assembly our salvation and final success in achieving our independence depends on nothing so much as our unflinching devotion and preservation of constitutional liberty.

Resolved further, That the act of Congress suspending the privileges of the writ of habeas corpus is dangerous to the liberties of the people, tends to make the civil power subordinate to the military, and establish a precedent of a dangerous and tyrannous character and should be repealed at an early day.

Resolved further, That so long as this Act shall remain upon the statute book and is the law of the land, it will be respected and supported in North-Carolina unless declared unconstitutional by the Supreme Court, our highest judicial tribunal. Yet this General Assembly would prove recreant to its trust as guardians of the rights and liberties of the people, should it fail to enter a protest against any encroachment upon the personal liberties of the humblest citizen of North-Carolina, and do therefore demand the repeal of said Act.

Resolved further, That our Senators in Congress be instructed and our Representatives be requested to make an earnest effort to secure the early repeal of said Act.

Resolved further, That His Excellency Gov. Vance is hereby instructed and directed to forward a copy of these resolutions to President Davis and to the Senators and Representatives in Congress from North-Carolina.

Mr. McAden, a resolution looking to a suspension for the present year of the collection of State Taxes. Referred.

Mr. Henry, of Bertie, a resolution requesting the Governor to lay before the House all correspondence of the Executive with President Davis in relation to peace propositions. Adopted.

Mr. Harrison, a resolution in favor of the Sheriff of Caswell county. Passed its several readings under a suspension of the rules.

BILLS ON FIRST READING.

Mr. Harris of Cabarrus, a bill to legalize investments in Confederate bonds. Authorizes guardians administrators and other trustees to make such investments of trust funds.

Mr. Burn, a bill to amend the fourth section of an act entitled an act to restore the courts and for other purposes.

Mr. Brown, a bill to amend the charter of the town of Charlotte.

Mr. Sherwood, a bill to amend the 9th section, 87th chapter, Revised Code.

Mr. McAden, a bill for the benefit of the legal representatives of deceased soldiers.

Mr. Logan, a bill to amend the charter of the Shelby and Broad River Railroad Company

Mr. Howard, a bill to protect cattle.

Mr. Love, a bill to establish a general criminal court for the 5th Judicial District

Mr. Shepherd, a bill to exempt from taxation all corporations and societies for the education of soldiers' orphans and the relief of the indigent wives and families of soldiers.

Mr. Dunn, a bill to authorize a special session of the County Court of Lenoir county for the purpose of levying taxes.

Mr. Sherwood, a bill to incorporate the Trustees of the Soldiers' Female Orphan Home, in the county of Forsyth.

Mr. Shepherd, a bill to incorporate the Trustees of the General Assembly of the Presbyterian Church of the Confederate States of America

Mr. Lyle, a bill for the better regulation of the Western Turnpike Road.

All of the foregoing were referred to the proper committees.

A message from the Senate announcing the refusal of that body to print twenty copies of the Governor's message for each member of assembly, and proposed the printing of five copies only for each member. The House concurred.

The House also concurred in a proposition from the Senate to raise a joint select committee on that part of the Governor's message which relates to the suspension of habeas corpus; also in a proposal to raise a like committee on so much of the message as relates to supplying the wants of indigent families of soldiers.

Mr. Shober announced the death of his colleague Capt. N. N. Fleming, who was killed at the head of his company in one of the recent battles on the Rapidan, and submitted resolutions commemorative of his virtues.

Feeling and eloquent tributes were paid to the memory of the gallant dead by Messrs. Shober, Shepherd, Carter and Harris of Cabarrus.

The resolutions were then adopted--pursuant to which the House adjourned.
North-Carolina Standard

PROCEEDINGS OF THE LEGISLATURE
ADJOURNED SESSION.

SENATE.

THURSDAY, May 19, 1864.

The Speaker called the Senate to order at 10 o'clock.

Prayer by Rev. Mr. Pritchard of the Baptist Church.

A message from the House of Commons announced the concurrence of that body in the propositions of the Senate to print five copies of the "Governor's message for the use of each member of the General Assembly, to raise a joint select committee on so much of the Governor's message as relates to habeas corpus, and to raise a joint select committee on so much of the Governor's message as relates to supplies for soldiers' families."

The Speaker appointed Messrs. Warren and Hall as the Senate branch of the first named committee and Messrs. Young and Wooley of the second.

A message was received from the House of Commons, proposing to raise a joint select committee of two on the part of the Senate and three on the part of the House to take into consideration so much of the Governor's message as relates to the importation of arms and the late legislation of Congress respecting the same.

The proposition was agreed to and Messrs. Boyden, Smith of Anson and Patton were appointed as the Senate branch of said committee.

Mr. Simpson introduced a bill to incorporate Island Ford Fall Bridge Company, which was read and referred to the committee on corporations.

Mr. Young introduced a bill to incorporate the Stonewall Exporting and Importing Company. Read first time, and was referred to the committee on corporations.

Mr. H. Hill introduced a resolution to extend the time allowed to the sureties on the official bonds of W. T. J. Vann, late Sheriff of New Hanover county, to collect arrears of taxes, which passed its several readings under a suspension of the rules and was transmitted to the House of Commons.

Mr. Bagley introduced a resolution transferring causes in Equity depending in the courts of certain counties. Read first time, passed and referred to the committee on the judiciary.

Mr. Warren, a bill to extend the time for comparing the polls in certain counties and for other purposes. Referred to the committee on the judiciary.

Mr. Outlaw, a bill concerning the mileage and per diem of the members of the General Assembly during the present session, which passed its several readings under a suspension of the rules.

The bill fixes the per diem of each member at $5, and allows forty cents for each mile of travel.

A message was received from the House of Commons proposing to raise a joint select committee of two on the part of the Senate and three on the part of the House to take into consideration so much of the Governor's message as relates to impressments.

The proposition was concurred in and Messrs. Leitch and Sanders were appointed as the Senate branch of said committee.

The engrossed resolutions from the House of Commons in favor of J. C. Griffith, Sheriff of Caswell county, was read the first time and placed on the calendar.

Mr. Lassiter recommended Wm. R. Hicks, Jonathan Osborne and Wm. L. Peace for Justices of the Peace for Granville county. Concurred in and transmitted to the House of Commons.

Mr. Matthews introduced a resolution in favor of certain magistrates in Stokes county. Referred to the committee on propositions and grievances.

On motion of Mr. Young, the Senate adjourned until to-morrow morning 10 o'clock.

HOUSE OF COMMONS.

The House was called to order by the Speaker at 11 o'clock, A. M.

The journal of yesterday was read and approved.

Mr. Shepherd from the committee on finance reported the following bills and resolutions: A bill to amend and declare the provisions of an act, ratified Dec. 13th, 1863, entitled "an act making appropriations for the military establishment of the State."

A bill in reference to the payment treasurer; a resolution in reference to the Sinking Fund; a bill to tax the coupons on certain State Bonds. (Taxes coupons on eight per cent. bonds twenty-five per cent.)

Mr. Shepherd, from the same committee, reported back "a bill to exempt from taxation all corporations and societies to provide funds for the education of children of deceased soldiers and for the relief of the indigent families of soldiers."

The Committee recommended its passage.

A message from the Governor transmitting the report of the President and Directors of the Asylum for the Deaf, Dumb and the Blind, which was read and sent to the Senate.

A message was received from the Governor in response to the resolution passed on yesterday, requesting that he lay before the House all correspondence with President Davis in relation to Peace propositions. The message stated that the House was already in possession of all Executive correspondence on that subject.

Mr. Foy introduced a resolution to furnish the Justices of Onslow County with copies of the revised code. Adopted.

Mr. Barnhardt, a resolution in favor of J. S. Montgomery. Referred.

Mr. Dean, a resolution in favor of Thomas J. Kennedy. Referred.

Mr. McKay, a resolution that a message be sent to the Senate proposing to raise a joint select committee to ascertain what further legislation may be necessary to render effectual the act passed at the last session to restore the Courts. Adopted.

Mr. Conley, a resolution to raise a joint select committee on so much of the Governor's message as relates to the conscription of persons between the ages of 17 and 18 and 45 and 50 years. Adopted.

Mr. Burgin, a bill to amend an act entitled "an act to prohibit the distillation of spirituous liquors."

Mr. Shepherd, a bill to incorporate Cross Creek Manufacturing Company in Cumberland County.

Mr. Logan, a bill to authorize William Ray of Cleaveland County to distil whiskey for medical purposes.

Mr. Brown, a bill in favor of Alexander Hood, Tax Collector of Mecklenburg County.

Mr. Sherwood, a bill to repeal an act entitled, "an act to authorize the employment of slave labor on fortifications, etc."

Mr. Harrison, a bill to incorporate Yanceyville Female Seminary.

Mr. Shepherd, a bill to incorporate the Fayetteville Mill Manufacturing Company.

The foregoing bills and resolutions had their first reading, and were either referred or placed on the calendar.

The following engrossed bills from the Senate also passed their first reading:

A bill to amend an act entitled an act to authorize four Justices of Carteret County to appoint commissioners, and for other purposes; and a bill concerning the mileage and per diem of members of the General Assembly.

On motion of Mr. Shepherd the rules were suspended and the House proceeded to consider the bills and resolutions reported yesterday morning from the Finance Committee.

All of these passed their second and third readings, except the bill to tax the coupons on certain State bonds.

This bill, after some discussion, was, on motion of Mr. Carter, made the special order for 11 o'clock, A. M., to-morrow.

On motion of Mr. Walser the House adjourned until 10 o'clock, to-morrow.

SENATE.

FRIDAY, May 20, 1864.

Mr. Ellis introduced a memorial from the citizens of Columbus. Referred to Committee on Propositions and Grievances.

The Speaker another memorial from the citizens of Randolph. Referred to same Committee.

Mr. Ellis, a bill to prevent obstructions by fish dams in Big Swamp. Referred to Committee on Propositions and Grievances.

Mr. Young, a bill concerning the Western Plank Road Company. Referred to Committee on Propositions and Grievances.

Resolution in favor of J. C. Griffith, Sheriff of Caswell.