Library of
Emory University
o/ioo^q
JOURNAL
OF
THE SENATE
OF THB
GENERAL ASSEMBLY
OF THB
STATE OF NORTH-CAROLINA,
AT ITS
SECOND EXTRA SESSION,
1331.
RALEIGH, N. C.:
JOHN SPELMAN, PRINTER TO THE STATE.
1861.
SENATE JOURNAL.
SECOND EXTRA SESSION.
1861.
THURSDAY, Acgdst 15th, 1861.
At a General Assembly of the State of North Carolina,
begun and held under an ordinance of the late Convention
of the people of the State, adopted June 19th, 1861, in the
City of Raleigh, on Thursday, the 15th of August, Anno
Domini one thousand eight hundred and sixty one, and in
the eighty-sixth year of the independence of the State of
North Carolina, the following members of the Senate, upon
the calling of the roll responded to their names and took
their seats, to wit:
Messrs. Brown, Bledsoe, Barringer, Dickson, Dockery,
Dowd, Faison, Hall, Harris of Franklin, Harriss of
Chatham, Humphrey, Lane, Outlaw, Pitchford, Ramsay,
Shaw, Simpson, Speight, Street, Stowe, Spencer, Stubbs,
Taylor of Nash, Taylor of Granville, Taylor of Brun¬
swick, Thomas of Jackson, Turner, Walker, Watson,
Waugh, Whedbee and Worth—32.
It appearing that a full quorum of all the members of the
Senate were present, on motion of Mr. Dockery, B. S. Gai-
ther, the Senator elect from the forty-fifth senatorial district,
in the place of W. W. Avery, resigned, and, on motion of
Mr. Simpson, Geo. W. Candler, the Senator elect from the
forty-ninth senatoral district, in the place of Marcus Erwin,
resigned, and Peter Adams, the Senator elect from the thirty-
4
SENATE JOURNAL. [2nd. ex< ses.
sixth senatoral district, in the place of John M. Morehead,
resigned, were severally permitted to come forward and pre¬
sent their certificates of election, which were read, and there
being no objections the oath of allegiance to the State was
duly taken, and pending the reading of the oath of allegiance
to the United States,
On motion of Mr. Barringer, said reading was suspended
with the view to the altei-ation of said oath, and the gentle¬
men were permitted to take their seats.
The speaker now announced that Wm. L. Sanders, the
Assistant Clerk of the Senate had resignd his position,
whereupon,
On motion of Mr. Humprhey, the Senate decided to go
forthwith into an election for an Assistant Clerk of the
Senate.
Mr. Humphrey placed in nomination for said Assistant
Clerkship, the name of Joseph A. Engelhard, of Edgecombe,
and there being no other nominations made, the Senate pro¬
ceeded to vote as follows, to wit:
For Mr. Engelhard: Messrs Speaker, Brown, Bledsoe,
Barringer, Dickson', Dockery, Dowd, Faison, Hall, Harris
of Franklin, Harriss of Chatham, Humphrey, Lane, Outlaw,
Pitchford, Ramsay, Shaw, Simpson, Speight, Street, Spencer,
Stubbs, Taylor of Nash, Taylor of Granville, Taylor of
Brunswick, Thomas of Jackson, Turner, Walker, Watson,
Whedbee and Worth—31.
Mr. Engelhard having received all the votes cast was de¬
clared duly elected Assistant Clerk of the Senate.
After the reading of the ordinance of the Convention by
which the General Assembly had been convened, the Speaker
arose and said :
Senators : Since your adjournment, a sad and an unusual
event has occured in the history of the State.
The death of His Excellency, the Hon. John W. Ellis,
Governor of the State of North Carolina, you have all heard.
This event, however much to be regretted in these perilous
1861.]
SENATE JOURNAL.
5
times, when our country is engaged in war, (for liis Excel¬
lency was ahold and able counsellor,)dhas nevertheless, accord¬
ing to the forms of the Constitution, devolved the onerous
and responsible duties of the Gubernatorial Chair upon me ;
duties to which I certainly did not aspire, yet from the dis¬
charge of which, since Providence and the Constitution have
cast them upon me, I have no right, however mighty or re¬
sponsible they may be, to shrink.
As a difference of opinion may exist in the minds of some
about what the Constitutional powers are, devolving the du¬
ties of the Executive of the State, in case of the death or
during the absence or inability of the Governor, upon the
Speaker of the-Senate, I will proceed to submit a few obser¬
vations, which seem to me to be pertinent to the case and in
accordance with the meaning of the Constitution, as under¬
stood by former precedents in regard to the matter.
The Constitution of North Carolina, section 19, after pre¬
scribing the duties and powers of the Governor, says, "on
his death, inability or absence from the State, the Speaker of
the Senate shall exercise the powers of the Governor, after
such death, or during such absence or inability."
The clause seems to indicate its meaning very concisely
and very plainly, and yet many enquiries and doubts are
suggested as to the extent of its meaning, or the particular
mode of carrying it out.
The inability or absence -must be well established, and
where it does not come under the immediate view of the suc¬
cessor, he should be notified. It is sometimes asked and
claimed that the vacancy under any of the above contingen¬
cies being once filled, becomes permanent in the Speaker, and
not to be again resumed by the Governor when the disabili¬
ty or disqualification is removed.
' The words of the Constitution above quoted have in view
both a permanent and temporary vacancy, and the mode of
supplying both the same : for instance, death, resignation,
permanent removal, or acceptance of some disqualifying
6
SENATE JOURNAL.
[2d Ex. Ses.
office, would render the vacancy permanent; while a tem¬
porary absence or prostration from disease, would only sus¬
pend the office during the inability. In either event the va¬
cancy is supplied in the same way. In the latter case, the
Constitution using the words " during such inability or ab¬
sence," indicates, as plain as words can express it, the va¬
cancy is temporary, and the office is to be resumed again on
the removal of the disability. Nothing is more common
than the delegation of the duties of an office, without the
office itself. The pro tern, appointment of a presiding officer
belongs to all deliberative bodies. The command of a brigade,
regiment or company often devolves on an inferior officer.
Cabinet officers and heads of bureaus are supplied with ad
interim appointments, according to the words of the law es¬
tablishing such office. And, in private life, a power of
attorney transfers and conveys the rights and powers of one
person to be held temporarily and exercised by another. So
our Constitution says the powers of the Governor shall be
held and exercised by the Speaker "after the death" or
" during the absence " of the Governor. The Speaker does
not become the Governor. He still holds his original office,
which enables him to exercise the duties of the other.
This view is confirmed by the fact, the Constitution on the
same page which confers the duties of Governor on the Speak¬
er, requires certain qualifications for a Governor, which are
not necessary for a Speaker. It says no one shall be Gov-
vernor who is under thirty years of age, and been five years
a resident, and held four thousand dollars' worth of real
estate, elected by the people at a regular election for two
years—disqualified after four years—taken the oath of office
before the Supreme Court and Legislature. None of these
qualifications are required of the Speaker, and consequently
he does not become the Governor, but only exercises the
duties thereof, during a disability, or for an unexpired term,
and is eligible to be Governor for the next two full constitu¬
tional terms, (not counting his temporary Governorship.)
18611.]
SENATE JOURNAL.
1
This evident construction of the Constitution has been
adopted ever since the formation of the Government. Every
precedent furnishes the same confirmation. During the
Revolutionary War, and immediately after the Constitution
was made and adopted, and while every department of the
Government was in the hands of the very persons who made
the Constitution, Gov. Burke was taken prisoner and carried
to Charleston. Col. Martin, then Speaker of the Senate,
exercised the duties of the Governor for some months, till the
return of Gov. Burke, who, on his return/resumed them.
In the latter part of the session of the Legislature of 1805,
(see Senate Journal, page 45, Dec. 19th, 1805,) Gov. Alex¬
ander notified the Speaker of the Senate (who was the same
Col. Martin) that he was too sick and feeble to attend to the
Executive duties, and in that case it devolved upon him to
take charge of them. Col. Martin, Speaker of the Senate,
laid the letter before the Senate, who acquiesced in the pro¬
priety of it, and elected a temporary Speaker (Jo. Reddick)
to preside over the Senate during the temporary absence of
the Speaker. Col. Martin acted as Governor, signed and is¬
sued commissions, and afterwards resumed the chair of the
Senate, adjourned the Senate, and signed the Journals, and
Gov. Alexander resumed the duties of his office, as if he had
not been out of it.
Here are two precedents of a temporary vacancy—one oc¬
casioned by absence, the other by sickness, the contingencies
mentioned by the Constitution.
A permanent vacancy was occasioned in 1854 by the resig¬
nation of Governor Reid, when elected United States Senator.
Upon that occasion, the whole matter was investigated and
discussed upon resolutions introduced by Gov. Graham, the
Senator from Orange, and the decision of the Senate was pre¬
cisely in accordance with the above precedents—that the
Speaker only exercised the duties of the Executive, and was
still Speaker of the Senate and Representative of his District.
The words of the Constitution, sustained by the practice
8
SENATE JOURNAL. [2D Ex. Ses.
and precedents under it ever since its adoption, declare that
in case of the " inability or absence" of the Governor, the
powers and duties of his office devolve on the Speaker of the
Senate, without changing his duties or his character as
representative of the people and presiding officer of the Sen¬
ate, and that the Governor, on his recovery or return, re¬
sumes his office.
Received a message from the House of Commons stating
that that body was now organized and in readiness for the
dispatch of business.
Mr. Turner introduced the following resolution, to wit:
Resolved, That a joint select committee, composed of five
members of the Senate and five from the House of Commons,
he appointed to investigate and report whether or no it he
the Constitutional duty of this General Assembly, to elect a
Governor for the State of North Carolina, to fill the vacancy
caused by the death of his Excellency, John W. Ellis.
Mr. Brown moved that the resolution by Mr. Turner be
laid upon the table, and upon this motion Mr. Turner de¬
manded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Brown, Bledsoe, Barringer, Dickson, Dowd, Fai-
son, Hall, Harris of Franklin Harriss of Chatham, Hum¬
phrey, Lane, Pitchford, Shaw, Simpson, Speight, Street,
Stowe, Taylor of Nash, Taylor of Granville, Taylor of
Brunswick, Thomas of Jackson, Walker, Watson and
Waugh—24.
Those who voted in the negative, are:
Messrs. Adams, Candler, Dockery, Gaither, Outlaw, Ram¬
say, Spencer, Stubbs, Turner, Whedbee and Worth—11.
So the resolution was laid upon the table;
A message was received from the House stating that it was
ordered by the House of Commons, that a message be sent
to the Senate proposing to raise a joint committee to inform
his Excellency, the Governor, that the two Houses are now
1861.]
SENATE JOURNAL.
9
organized and ready to receive any message he may desire to
send. Also that a message he sent proposing to raise a joint
select committee of five on the part of the Senate, and seven
on the part of the House, with instructions to report a hill
dividing the State into ten Congressional districts, or such
other number as the law requires.
The proposition of the House was concurred in, and a mes¬
sage ordered to be returned stating the fact, and announcing
that Messrs. Humphrey and Stuhbs had been appointed the
Senate branch of the committee to wait upon his Excellency.
On motion of Mr. Humphrey,
jResolved, That a message be sent to the House of Com¬
mons informing that body that the Senate has completed its
organization by the election and qualification of J. A. Engel¬
hard, of Edgecombe, Assistant Clerk, to fill the vacancy oc¬
casioned by the resignation of Wm. L. Saunders, and that
the Senate is now ready for the dispatch of business.
Mr. Humphrey on behalf of the joint select committee to
wait upon his Excellency, the Governor, reported that they
had performed that duty and that Governor Clark, would
make a communication to the House on to-morrow at 12
o'clock, in writing.
On motion of Mr. Simpson the Senate adjourned until 10
o'clock to-morrow.
FRIDAY, August 16th, 1861.
The Senate met pursuant to-adjournment.
The Journal was read and approved.
Mr. Hall introduced a memorial and resolutions from the
citizens of Wilmington, in regard to alien enemies, which
were read and referred to the Committee on the Judiciary.
Mr. Dickson's resolutions from the citizens of Duplin, ask¬
ing a change in the law as to the time sheriffs are required
10
SENATE JOURNAL. [2nd. Ex. Ses.
to settle with the Comptroller in regard to tho public taxes,
were read and referred to the Committee on the Judiciary.
The Speaker announced that Messrs. Gaither and Candler
would he added to the Committee on the Judiciary, Messrs.
Avery and Erwin, members of that Committee, being no
longer members of the Senate.
Mr. Humphrey moved that the Secretary of State be au¬
thorized to have printed one copy of the permanent Consti¬
tution of the Confederate States of America, and one copy of
the ordinance of the State Convention, for the use of each
member of the General Assembly.
On motion of Mr. Bledsoe the motion of Mr. Humphrey
was laid upon the table.
Mr. Thomas introduced a resolution, authorizing the Gov¬
ernor to furnish the means of transportation of recruits to the
regiments from this State now in Virginia, which was read
and referred to the Committee on Military Affairs.
Mr. Barringer introduced a resolution to authorize the ten¬
der of forces from this State to the Confederate States, which
was read the first time and referred to the Committee on
Military affairs.
Mr. Lane, a bill to change the Jurisdiction of the Courts,
which was read first time, ordered to be printed, and referred
to the Committee on the Judiciary.
On motion of Mr. Barringer,
Resolved, That the Committee on Military Affairs be in¬
structed to report a bill for the purpose of preserving a mili¬
tary organization in the State, in respect to all troops which
have been accepted as companies or regiments, and also in
respect to all such as may now be organized, or may here¬
after be organized, during the present war, for the common
defence.
The Speaker announced that Messrs. Humphrey, Dowd,
Stowe, Gaither and Wiustead would constitute the Senate
branch of the committee to provide a bill dividing the State
into ten Congressional Districts.,
1861.]
SENATE JOURNAL.
11
Mr. Turner introduced a bill to authorize the rank and file
of companies composing regiments to elect their field officers,
which.was read the first time, passed and referred to the Com¬
mittee on Military Affairs.
Received a message from the House, stating that the resig¬
nation of Ed. Cantwell, Principal Clerk of the House of Com¬
mons, had been received and accepted, and that James H.
Moore, of Guilford, had been elected to fill the vacancy.
Mr. Humphrey introduced a bill to repeal a portion of an«
ordinance passed by the State Convention, which was read
the first time, passed and referred to the Committee on the
Judiciary.
On motion of Mr. Candler.
jResolved, That the Committee on Ways and Means be re¬
quested to provide by bill, hands to work on public roads
while the volunteers are from home and engaged in the ser¬
vice of the Confederate States.
Received a message Irom the House, transmitting a mes¬
sage from his Excellency, the Governor, with a proposition
to print five copies for the use of each member of the General
Assembly, which was read and the proposition to print was
adopted.
On motion the Senate adjourned until 10 o'clock to-mor¬
row.
SATURDAY, August 17th, 1861.
The Senate met pursuant to adjournment.
The Journal was read and amended.
Mr. Sharpe introduced a memorial from citizens of Irede 1,
which was read and referred to the Committee on Finance.
Received a message from the House proposing to raise a
joint seject committee of five on the part of the House, and
three on the part of the Senate, to be styled the " Committee
on Militia." The proposition was concurred in and a mes-
12
SENATE JOURNAL. [2nd. Ex. Ses.
sage ordered to be sent, stating that Messrs. Dockery, Street
and Simpson had been appointed the Senate branch of said
committee.
Mr. Bledsoe introduced the following, to wit:
Resolved, That the Committee on Finance be and they
are hereby instructed to report a bill providing for the col¬
lection of an ad valorem tax, according to the provisions of
the amended Constitution upon all slaves hereafter listed for
taxation.
Read and made the special order for Monday next, 12
o'clock.
Mr. Hall from the Judiciary Committee, to whom was
referred a bill to repeal a portion of the ordinance passed by
the State Convention, June the 27th, 1861, recommended
the following resolution as a substitute, to wit :
Resolved, That the ordinance of the Convention, entitled
an ordinance to provide for the disposition of the State Troops
and Volunteers raised under the acts of the General Assem¬
bly, respectively entitled "An act to raise ten thousand State
Troops," ratified the 8th day of May, 1861,and "An aettopro-
videfor the public defence," ratifiedthe 10th day of May,1861,
and for other purposes, so far as it relates to the volunteers
for twelve months, who may not have been tendered to and
accepted by the Confederate Government before the 20th day
of August, 1861, be suspended until further ordered by the
General Assembly of North Carolina, and that in the mean¬
time the Governor be authorized and empowered to employ
such officers as may be necessary for the subsistence and
equipment of said Volunteers.
Mr. Barringer introduced the following resolution, to wit:
Resolved, That a proposition be sent to the House of Com¬
mons to raise a joint select committee on Military Affairs,
three on the part of the Senate and three on the part of the
House of Commons, which was read and laid upon the table.
Mr. Outlaw introduced a bill to enlarge the battalions
1861.]
SENATE JOURNAL.
13
authorized by an ordinance 6f the State Convention, which
was read the first time and passed.
Mr. Hall, a hill to amend an act to incorporate the Cape
Fear Ocean Steam Navigation Company.
Mr. Candler, a hill to encourage the growth of wool, which
was read first time and passed.
Mr. Thomas, a hill to amend the charter of the Tennessee
River Turnpike, in the county of Macon, which was read,
passed and referred to the Committee on the Judiciary.
Mr. Hall asked and obtained leave of absence from and
after to-day until Monday next, for the Senator from Wayne.
Mr. Turner introduced the following resolution, to wit: .
Resolved, By the Senate, the House concurring, that in
the opinion of this General Assembly the 15th section of the
Constitution of North Carolina, adopted and ratified at Hali¬
fax the 18th day of December^ 1776, gave to the Senate and
House of Commons jointly, the powers to elect Governors for
the State of North Carolina.
Resolved, That by the 19th section of said Constitution,
the power to fiirvacancies caused by the death-of the Gov¬
ernor, is clearly given to the General Assembly.
Resolved, That the Convention of 1835, to amend the
Constitution of North Carolina, did change the 15th section
of the Constitution, taking the election of Governor from the
General Assembly and giving it to the people of the State..
Resolved, That the Convention of 1835 did not change the
19th section of the Constitution authorizing the General As¬
sembly to fill vacancies caused by the death of the Governor,
Resolved, That the Constitution now dt volves upon this
General Assembly the duty of electing a Governor to fill the
vacancy caused by the death of his Excellency, John W.
Ellis.
Resolved,, ThaLthese resolutions be1 sent to the House' of
Commons with a proposition to go into an election of a Gov¬
ernor on Tuesday next at 12 o'clock.
Pending the vote on the above resolutions, Mr. Hall moved
n
SENATE JOURNAL.
[2nd. Ex. Ses.
chat they lay .on the table ; and upon this question Mr. Turner
demanded the yeas and nays.
Those Avho voted in the affirmative are :
Messrs. Brown, Bledsoe, Barringer, Dickson, Faison, Hall,
Harris of Franklin, Harriss of Chatham, Humphrey, Pitch-
ford, Shaw, Simpson, Speight, Street, Stowe, Taylor of Nash,
Taylor of Granville, Taylor of Brunswick and Walker-—19.
Those who voted in the negative are:
Messrs. Adams, Arendell, Candler, Dockery, Dowd, Eure,
Gaither, Outlaw. Ramsay, Sharpe, Slaughter, . Spencer,
Stubbs, Turner, Waugh, Winstead, Walkup, Whedbee and
Worth—19.
A tie, having occurred, the question was decided in the
negative.
Mr. Turner now moved that his resolutions be referred to
the-Committee on Constitutional Reform, and demanded the
yeas and nays.
Those who voted in the affirmative are:
Messrs. Adams, Arendell, Candler, Dockery, Dowd, Eure,
Outlaw,Ramsay, Sharpe, Slaughter, Spencer, Stubbs, Turner,
Walkup, Whedbee and Worth—19.
Those who voted in the negative are:
Messrs. Brown, Bledsoe, Barringer, Dickson, Faison, Hall,
Harris of Franklin, Harriss of Chatham, Humphrey, Pitch-
ford, Shaw, Simpson, Speight, Street, Stowe, Taylor of Nash,
Taylor of Granville, Taylor of Brunswick, Walker, Waugh,
and Winstead—22.
So the Senate refused to refer.
The Speaker announced that he had received the resigna¬
tion of Mr. Rogers, the Senator from Northampton, which
was read and accepted.
On motion of Mr. Hall, the bill to repeal a portion of the
ordinance passed by the Convention, June f7th, 1861, was
taken up and read the second time and amended as recom¬
mended by the Committee and passed.
On motion of Mr. Gaither, the rules were suspended and
1861.]
SENATE JOURNAL.
15
the bill was placed upon its third reading, passed and order¬
ed to he engrossed.
On motion of Mr. Outlaw the motion by which the bill
was j>assed the third time was reconsidered, and the motion
to reconsider was then laid upon the table.
On motion of Mr. Outlaw, a writ was ordered to be issued
providing for the election of a member to fill the vacancy
caused by . the resignation of Mr. Rogers, of Northampton.
The Speaker announced that Messrs. Barringer, Hall and
Stubbs had been appointed on the joint standing Committee
on Military Affairs, instead of Messrs. Morehead, Erwin and
Street, resigned.
Also, that Mr. Adams had been placed on the Committee
of Finance, in the place of Mr. Morehead, resigned.
Mr. Candler asked and obtained leave to introduce a bill
to locate the town of Calhoun, in Mitchell county, which was
read the first time, passed and referred to the Committee on
Propositions and Grievances.
Received a message from the House, transmitting a com¬
munication from the Public Treasury with a proposition to
print, which was agreed to.
On motion the Senate adjourned until 10 o'clock, Monday
ne±t.
MONDAY, August 19th, 1861.
The Journal was read and approved.
Mr. Hall, from the Committee on Military Affairs, re¬
ported back the bill authorizing the rank and file of compa¬
nies composing regiments to elect their field officers, and
recommended that said bill do not pass.
Mr. Barringer, from the Committee on Military Affairs,
reported back the resolution to authorize the tender of forces
to the Confederate States, and recommended its passage.
Mr. Humphrey introduced a resolution in favor of J. F.
16
SENATE JOURNAL. [2nd. Ex. Ses.
and-J. M. .Burnett, H. A. and J. N. Davis, and Moring,
Cobb, Creason & Co., wbich was read the first time and re¬
ferred to the Committee on Claims.
Mr. Dockery, a bill to enlarge the powers of the County
Courts for raising revenue for County purposes, which was
read the first time and passed.
Mr. Humphrey a resolution to construct a battery at Bogue
Inlet, which was read and referred to the Committee on Mil¬
itary Affairs.
The resolution declaring it the duty of the General Assem¬
bly to fill the vacancy occasioned by the death of Governor
EiLs, was taken up, and on motion of Mr. Dobson, was laid
upon the table, and upon the motion to lay upon the table,
Mr. Turner demanded the yeas and nays.
ThosQ who voted in the affirmative are:
Messrs. Burton, Brown, Bledsoe, Barringer, Dickson, Dob-
son, Faison, Hall, Harris of Franklin, Harriss of Chatham,
Humphrey,Pitchford, Shaw,Simpson,Speight, Street, Stowe,
Taylor of Granville, Taylor of Brunswick, Thomas of Jack¬
son, Walker, Watson, Waugh, Whitakerand Winstead—^25.
Those who voted in the negative are :
Messrs. Arendell, Blount, Candler, Dockery, Dowd, Eure;
Gaither, Grist, Outlaw, Ramsay, Sharpe, Slaughter, Spen¬
cer, Stubbs, Turner, Walkup, Whedbee and Worth—18.
So the resolution was laid upon the table.
The bill to enlarge the battalions authorized by an or¬
dinance of the Convention of the State, was read the second
time, and referred to the Committee on Military Affairs.
The resolution to encourage the raising of wrool, was read
the second time and Mr. Waugh moved that the bill be laid
upon the table. Upon this Mr. Sharpe demanded the yeas
and nays.
Those who voted in the affirmative are : .
Messrs. Burton, Brown, Blount, Dickson, Dobson, Faison,
Harris of Franklin, Humphrey, Pitchford, Shaw, Speight,,
Slaughter, Taylor of Granville, Taj lor of Brunswick, Tho-
1861.]
SENATE JOUNAL.
It
as of Jackson, Watson, Waugh, Whitaker and Winstead,
—19.
Those who voted in the negative are :
Messrs. Arendell, Barringer, Candler, Dockery, Dowd,
. Eure, Gaither, Harriss of Chatham, Outlaw, Ramsay, Simp¬
son, Street, Sharpe, Spencer, Stubbs, Turner, Walker, Walk-
up, Whedbee and Worth,—20.
So the Senate refused to lay on the table.
On motion of Mr. Thomas, the bill was now referred to the
Committee on Finance.
Received a message from the House stating that the House
had passed the following resolutions, to wit:
A resolution in favor of Thomas Settle, which was read the
first time and passed.
A resolution concerning printing, which was read the first
time, passed, and
On motion of Mr. Outlaw, the rules were suspended, and it
was ordered to be read the second and third times.
Pending passage of second reading, Mr. Burton moved
that the printing of the Constitution of the Confederate States
be added to the provisions of the resolutions.
Mr. Bledsoe moved to amend the amendment by adding
also the Constitution of the Provisional Government of the
Confederate States.
The question now recurring upon the amendment by Mr.
Burton, was decided in the affirmative.
The question again recurring upon the passage of the res¬
olution, the second reading, was decided in the affirmative,
whereupon the resolution was read the third time and passed.
The Speaker announced that Messrs.Taylor, of Brunswick,
Ramsay and Whitaker had been appointed the Senate branch
of the Committee for the present week on enrolled bills.
The resolution authorizing the tender of forces to the Con¬
federate States was now read the second time, and on motion
of Mr. Bledsoe, the following amendment was adopted viz:
Provided, the said commanders of said regiments, legions or
2
18
SENATE JOURNAL. [2ND. EX. SES.
troops shall, before leaving the State, report to the Governor
of North Carolina the number and kind of his soldiers, and
they shall be considered a portion of North Carolina's quota
of the army of the Confederate States.
The question now recurred upon the passage of the reso¬
lution as amended, and Mr. Turner moved to amend as fol¬
lows, to wit: "And having the privilege of electing each and
every one of their commissioned officers."
Mr. Humphrey now moved to amend the amendment by
Mr. Turner, by the adoption of the following substitute, to
wit: Provided, that said companies, regiments, brigades,
and divisions may be organized in the same manner, and
elect their officers in the same way as now provided by law
for raising twelve months^ volunteers for the State, ratified
May 10th, 1861.
Pending the vote, Mr. Thomas moved to postpone the
further consideration of the resolution and amendments until
to-morrow morning, which motion prevailed.
Received a message from the House stating that the House
had passed the accompanying resolution, to wit: A resolu¬
tion to continue the Quarter Master, Commissary, and Adju¬
tant General's Departments of the State Troops, which was
read first time and passed ; and on motion of Mr. Humphrey,
the rules were suspended and the bill read the second and
third times, and pending passage, Mr. Turner moved to strike
out the words "until the General Assembly," and insert
" until the first day in September."
The amendment did not prevail. The question then re¬
curring upon the last reading was decided in the affirmative,
and ordered to be enrolled.
On motion of Mr. Candler,
Resolved, By the General Assembly of the State of North
Carolina, that while we do not deem it necessary or expedi¬
ent to give expression either of approval or disapproval of
the general acts of the late Convention of our State, yet we
heartily, candidly, and sincerely, fully and entirely approve
1861.]
SENATE JOURNAL.
19
of, and endorse~the action thereof in severing our connection
with the old, corrupted, debased, perverted, and accursed
Union, and attaching us to the Southern Confederacy; and
do assure the members of said Convention, and declare to the
civilized world, that no act of any body politic of this State
has ever been received by the citizens thereof, and endorsed
by them with so much unity and enthusiasm, as by them.
Received a message from the Housej stating that the House
had passed the engrossed resolution from the Senate, enti- /
tied a resolution to suspend a portion of an ordinance by the
State Convention, entitled an ordinance to suspend so much
of an ordinance of the Convention as relates to the twelve
months volunteers, with the following additional section, to
wit:
Be it further resolved, That this resolution shall be in force
and effect from and after its ratification.
The Senate concurred in the amendment, and ordered that
said bill be enrolled.
Received a message from the House, stating that the
Speaker of the House had signed an act entitled an act to
suspend so much of the ordinance of the late Convention as
relates to the discharge of twelve months volunteers not ac¬
cepted by the Confederate States on the 20th of August, 1861,
to which the signature of the Speaker of the Senate was
asked.
And also, a message announcing that Messrs. Hanes,
Woodard, Fisher, Farthing and Gentry had been appointed
the House branch of the committee for the present week on
enrolled bills.
On motion of Mr. Hall, the Senate adjourned until Id
o'clock to-morrow morning.
TUESDAY, August 20th, 1861.
The Journal was read and approved.
Mr. Humphrey introduced a" memorial from the citizen i o;
20
SENATE JOURNAL. [2nd. Ex. Ses.
Onslow, praying the enactment of a stay law, which was
referred to the Committee on the Judiciary.
Mr. Pitchford, from the Committee on Ways and Means,
reported a bill to provide hands to work the public roads, and
recommended its passage.
On motion of Mr. Humphrey,
Resolved, That so much of the Governor's Message as re¬
lates to the coast defense of the State be referred to the Com¬
mittee on Military Affairs.
Also by Mr. Humphrey,
Resolved, That so much of the Governor's Message as re¬
lates to the regulating and equalizing the recruiting of soldiers
among the several counties and among the different districts
of the same counties, be referred to the Committee on Military
Affairs.
On motion of Mr. Barringer,
Resolved, That the Committee on Claims be instructed to
investigate certain accounts and claims for horses belonging
to the officers of the 1st Brigade of N. C. Volunteers, which
have been disallowed by the Quartermaster's Department, and
report by bill or otherwise.
Mr. Taylor introduced a bill ^o exempt certain persons
from military service, which was read the 1st time and .
passed.
Mr. Dowd a bill to amend the charter of the Cheraw and
Coalfield Rail Road, which was read the first time and
passed.
Mr. Harriss a bill concerning Guardians and Wards, which
was read first time and passed and referred to the Committee
oh the Judiciary.
Mr. Waugh a bill for the relief of E. and J. Oliver, which
was read first time and referred to the Committee on
the Judiciary.
Received a message from the House, transmitting an en¬
grossed bill, entitled a bill empowering the Board of Claims
to take evidence, which was read the first time and passed.
On motion the rules were suspended, and said bill was
1861.]
SENATE JOURNAL.
21
read second and third times, passed and was ordered to "be
enrolled.
The resolution authorizing the tender of forces was now
taken up, and the Speaker announced that the question was
upon the substitute offered by Mr. Humphrey to the amend¬
ment by Mr. Turner, which was decided in the negative.
The question then recurred on the motion by Mr. Turner,
which is as follows to wit: " And have the privilege of elect¬
ing each and every one of the commissioned officers And
upon this question Mr. Turner demanded the yeas and
nays. >
Those who voted in the affirmative are :
Messrs. Arendell, Candler, Dickson, Dockery, Dowd, Eure,
Fqisqn, Grist, Harriss of Chatham, Humphrey, Outlaw,
Pitchford, Ramsay, Simpson, Slaughter, Spencer, Stubbs,
Taylor of Granville, Turner, Waugh, Walkup, Whedbee,
and Worth,—23.
Those who voted in the negative are :
Messrs. Brown, Bledsoe, Barringer, Dobson, Gaither, Hall,
'Harris of Franklin, Shaw, Simmons, Speight, Street, Taylor of
Brunswick, Walker, Watson, Whitaker and W instead,—16.
So the amendment was adopted.
The question now recurring on the bill as amended, Mr.
Barringer moved to amend as follows, to wit:
" And as the said forces are to be tendered directly to th
Confederate Government, the General Assembly hereby ac¬
quiesce in any arrangement as toffilling the offices of said
Legions, Regiments and Troops which may be agreed upon
between themselves and the President of the Confederate
States."
Mr. Faison now moved to amend by striking out the
amendment of Mr. Turner and insertingthe following, to wit:
Provided further, That the companies, Regiments, Legions,
and Troops shall have the right to elect their several officers.
Mr. Barringer now asked and obtained leave to withdraw
his amendment.
22
SENATE JOURNAL. [2nd. Ex. Ses.
The question then recurred upon the amendment by Mr.
Faison, and Mr. Thomas moved to amend as follows, to wit:
Provided, The same be consistent with the laws of the Con¬
federate States of America, under which the President is au¬
thorized to receive volunteers."
And upon this amendment Mr. Thomas demanded the yeas
and nays.
Those who voted in the affirmative are :
Messrs. Arendell, Burton, Brown,Bledsoe, Dickson,Eure,
Hall, Harris of Franklin, Harriss of Chatham, Humphrey,
Outlaw,Pitchford, Shaw, Simmons, Simpson,Speight,Street,
Stowe, Slaughter, Taylor of Granville, Taylor of Brunswick,
Thomas of Jackson, "Walker, Watson, Waugh, Whitaker,
Winstead, Walkup and Worth—30
Those who voted in the negative are :
Messrs- Barringer, Candler, Dobson, Dowd, Faison,
Gaither, Grist, Ramsay, Spencer, Stubbs, Turner and
Whedbee—12.
So the amendment was adopted.
The question now recurred upon the amendment by Mr.*
Faison, and upon this question the yeas and nays were
demanded.
Those voting in the affirmative are :
Messrs. Arendell, Burton, Brown, Bledsoe, Candler, Dick¬
son, Eure, Faison, Hall, Harris of Franklin, Harriss of Chat¬
ham, Humphrey, Outlaw, Pitchford, Ramsay, Shaw, Sim¬
mons, Simpson, Speight, Street, Slaughter, Spencer, Stubbs,
Taylor of Granville, Taylor of Brunswick, Thomas of Jackson,
Turner, Walker, Watson, Waugh, Whitaker, Winstead,
Walkup, Whedbee and Worth—35.
Those who voted in the negative are :
Messrs. Barringer, Dobson, Gaither and Grist—
So the amendment was adopted.
The question now recurring on the passage of the bill as
amended, was decided in the affirmative, whereupon said
bill was read the third time, passed and ordered to be en¬
grossed.
1861.]
SENATE JOURNAL.
23
Received a message from the House proposing to raise a
joint select committee of five on the part of the House, and
three on the part of the Senate, to consult the Supreme Court,
and draw up a bill, that shall be Constitutional, for a Stay
Law.
On motion of Mr. Outlaw the message was laid on the table,
and a message was ordered to be sent with a proposition to
raise a joint committee of five on the part of each House, to
draft a bill not inconsistent with the Constitution, to provide
for a Staw Law.
On motion of Mr. Hall, the bill to amend an act to incor¬
porate the Cape Fear OceanrSteam Navigation Company was
taken up under a suspension of the rules, and read second
and third times, passed and ordered to be engrossed.
Mr. Candler asked and obtained leave to introduce the
following resolution, to wit:
Resolved, That the Military Committee inquire into the
propriety of keeping a Regiment of Infantry at or near the
East Tennessee State line, and that they report by bill or
otherwise, which was read and adopted.
On motion of Mr. Outlaw the Senate adjourned until
to-morrow morning at 10 o'clock.
WEDNESDAY, August 21st, 1861.
The Senate met at the usual hour.
Prayer by the Rev. Mr. Atkipson.
The Journal was read and approved.
Mr. Hall introduced a resolution for the issuing of State
bonds for one million of dollars, which was read and referred
to the Committee on Finance.
Mr. Candler introduced a similar resolution, which was
referred to the same committee.
Mr. Burton a resolution calling upon the Secretary of the
Military Board for information, which was read and adopted.
24
SENATE JOURNAL. [2nd. Ex. Ses.
On motion of Mr. Simpson,
Resolved, That a message be sent to the House of Com¬
mons, proposing to raise a joint select Committee of three on
the part of the House, and three on the part of the Senate to
take into consid.eration and report a suitable resolution rela¬
tive to the death of the much lamented Col. Charles F. Fisher,
who fell fighting for his country, and the propriety of North
Carolina erecting a monument to his memory.
The resolution by Mr. Candler relating to the action of the
late Convention, was taken up and referred to the Committee
on Federal Relations.
On motion of Mr. Speight,
Resolved, That the Committee on Military Affairs be re¬
quested to inquire into the expediency and propriety of employ¬
ing all prisoners of war who are or may be under the control of
the authorities of this State, in such service and on such terms
or otherwise as may be agreed upon between the said prisoners
of war and such citizens of this State as may be authorized,
and that they report by bill or otherwise.
Mr. Simpson introduced a memorial from citizens of Samp¬
son county in regard to a Stay Law, which was read and re¬
ferred to the Committee on the Stay Law.
Received a message from the House, stating that the Spea¬
ker of that body had signed the following acts, and that the
same had been ordered to be transmitted to the Senate for
the signature and ratification of the Speaker of the Senate,
to wit:
A resolution to continue the Quarter Master, Adjutant
General, and Commissary's departments.
Also, an act empowering the Board of Claims to take evi¬
dence, which was signed and ratified in the presence of the
S enate.
The message also announced that Messrs. Honnell, Poindex-
ter, Baxter, Wright and Clark had been appointed the House
branch of the Committee on a Stay Law. Whereupon the
Sp eaker announced that Messrs. Outlaw, Hall, Gaither,
1861.]
SENATE JOURNAL.
25
Dobson and Burton had been appointed the Senate branch of
said Committee.
Mr. Turner introduced a resolution declaring vacated the
seats of such senators as may hold office or place under the
Confederate States, this State or any other Government,
which was read, and, on motion of Mr. Humphrey, was laid
upon the table, and upon this question Mr. Turner demand¬
ed the yeas and nays.
Those who voted in the affirmative are :
Messrs. Brown, Bledsoe, Dickson, Dobson, Eure, Hall,
Harris of Franklin, Harriss of Chatham, Humphrey, Pitch-
ford, Shaw, Simmons, Simpson, Speight, Street, Stowe, Tay¬
lor of Granville, Taylor of Brunswick, Thomas of Jackson,
Walker and Whitaker,—21.
Those who voted in the negative are :
Messrs. Arendell, Blount, Candler, Dockery, Dowd, Gai-
ther, Grist, Outlaw, Ramsay, Spencer, Stubbs, Turner,
Waugh, Winstead, Walkup, Whedbee and Worth,—17.
On motion of Mr. Worth,
Resolved, That the Committee on Finance be requested to
inquire into the practicability and expediency of making pro¬
vision to pay the State's quota of the direct tax imposed by
the Congress of the Confederate States, by the first of April
next.
Mr. Stowe introduced a bill to change the county line of
Mitchell county, which was read and referred to the Com¬
mittee on Propositions and Grievances.
Mr. Brown a bill copcerning future requisitions of troops,
which was read first time and passed.
Received a message from the House stating that the House
of Commons concur in the Senate's proposition to raise a joint
select committee of three on the part of each House to take
into consideration and report a suitable resolution relative
to the death of the much lamented Col. Charles F. Fisher,
and the proposition of erecting a monument to his memory,
26
SENATE JOURNAL. [2nd. Ex. Ses.
and that Messrs. Flemming, Clark of Craven, and Rogers
constitute the Committee on the part of the House.
Also, proposing to raise a select committee of five on the
part of the House and three on the part of the Senate to pre¬
pare suitable resolutions, and make such recommendations
as they may deem appropriate in reference to the death of the
late Governor John W. Ellis.
The proposition was agreed to, and the Speaker announced
that the Senate branch of the Committe in regard to the
death of the lamented Col. Charles F. Fisher, were Messrs.
Simpson, Dobson and Whedbee.
Mr. Turner introduced a bill to repeal an act forbidding
the General Assembly to tax State bonds hereafter, which was
read and referred to the Committee on Finance.
Mr. Hall, to authorize the formation of a Military Compa¬
ny to be styled the Rail Road Guards, which was read and
referred to the Committee on Military Affairs.
Received a message from the House stating that the House
had passed the accompanying resolution, entitled a resolution
in favor of certain naval officers in which the concurrence of
the Senate was asked, whereupon the resolution was read,
adopted and ordered to be enrolled.
The resolution to authorize the rank and file of companies,
composing a regiment to elect their field officers, was taken up
and read the second time, and pending discussion, the special
order for 12 o'clock, arrived and the resolution instructing
the Committee on Finance to report a bill providing for the
collection of a tax ad valorem, according to the provisions of
the amended Constitution, was read the second time and Mr.
Thomas moved to amend as follows, to wit:
"Also bank stock and State bonds, so far as subject to ad¬
ditional taxation, and such other articles of property as may
be deemed necessary to establish an equal and uniform sys¬
tem of taxation throughout the State, with such condition
attached as may be deemed necessary."
And Mr. Outlaw moved to amend- the amendment as fol¬
lows, to wit:
1861.]
SENATE JOURNAL.
21
After the word "he," insert the words "instructed to en¬
quire into the expediency of reporting." The amendment
was adopted.
Mr. Bledsoe moved to lay the whole matter upon the table.
The motion did not prevail.
The question then recurred upon the amendment hy Mr.
Thomas, and Mr. Eure moved to amend as follows: "and they
report by bill or otherwise," and the amendment was adopted.
The question then recurred upon the amendment hy Mr.
Thomas, and was decided in the affirmative.
The question then recurred upon the adoption of the reso-
lutron as amended, and passed.
Mr. Brown gave notice that he would move on to-morrow
for the adoption of a rule to hold an afternoon session.
The Speaker announced that he had received a message
from the House, stating that the Speaker of the House had
signed an enrolled resolution, and asking that the Speaker
should sign ^nd ratify the same in the presence of the Senate.
On motion the Senate adjourned until 10 o'clock to-mor¬
row.
THURSDAY, August 22nd, 1861.
The Journal was read and approved.
Prayer hy the Rev. Mr. Atkinson.
Mr. Walkup introduced a memorial from the citizens of
Union county, concerning Militia, which was referred to the
Committee on Military Affairs.
Mr. Bledsoe from the Committee on Claims reported
hack the resolution in favor I. F. and J. M. Burnett,
H. A. and J. N. Davis, Coble, Creason & Co., and recom¬
mended that said bill do not pass.
Mr. Bledsoe from the same committee reported back the
resolution concerning the claims in regard to the purchase of
horses for the use of cavalry officers, and recommended that
the parties he referred to the Board of Claims:
28
SENATE JOURNAL. [2nd. Ex. Ses-
Mr. Faison introduced a resolution proposing to form
Military Companies of the two Houses of the General Assem¬
bly, which was read and ordered to be placed upon the file.
Mr Turner introduced a resolution concerning the capture
of John W. Thomas, Senator from Davidson;
Mr. Thomas, of Jackson, moved that gaid resolution be laid
upon the table, and upon this question Mr. Turner demanded
the yeas and nays.
Those who voted in the affirmative are :
Messrs. Adams, Arendell, Brown, Barringer, Blount, Can¬
dler, Dickson, Dobson, Dockery, Gaither, Harris of Franklin,
Harriss of Chatham, Humphrey, Lane, Outlaw, Pitchford,
Ramsay, Shaw, Simmons, Simpson, Speight, Street, Sharpe,
Slaughter, Spencer, Stubbs, Taylor of Brunswick, Thomas of
Jackson, Walker, Watson, Waugh, Whitaker, Winstead,
Whedbee and Worth,—41.
Those who voted in the negative are:
Messrs. Turner and Walkup,—2.
So the resolution was laid upon the table.
Mr. Candler introduced a resolution concerning the regis¬
tration of troops, which was read and referred to the com¬
mittee on Military Affairs.
Mr. Candler a resolution empowering his Excellency to
receive by donation or otherwise, heavy arms from the peo¬
ple west of the Blue Ridge, which was read and referred to
the Committe on Military Affairs.
Mr. Dockery absolution proposing to raise a Committee
for the investigation of the expenses of the War Depart¬
ment of this State, which was read and adopted.
Mr. Turner a resolution requesting information from the
the Quarter Master's Department, which was read and
adopted.
Mr. Ramsay a resolution inquiring the sense of the Legis¬
lature upon the subject of legislation, which on motion of
Mr. Turner was laid unon the table.
1861.] SENATE JOURNAL.
29
Received a message from the House asking the appoint¬
ment of certain persons Justices of the Peace. Agreed to.
Mr. Turner introduced a resolution calling upon the Gov¬
ernor for information. Mr. Ramsay moved to amend the
resolution by striking out the words in said resolution "when,
where and to whom paid." Mr. Bledsoe moved to strike
out the word "possible" which was adopted.
The question then recurred upon the adoption of the reso¬
lution as amended, and was decided in the affirmative.
Mr. Hall introduced a bill to incorporate the Independen t
Guards, which was read and referred to the Committee on
Military Affiairs.
Mr. Thomas a bill to provide for the completion of the
Western Turnpikes, which was read first time and passed.
Mr. Lane a bill to amend the charters of the bank of North
Carolina and other banks, which was read first time and
passed.
Mr. Candler a bill to empower tax collectors to list taxa-
bles, which was read first time and passed.
Mr. Taylor, of Brunswick,Ja bill to authorize and empower
David Lewis and securities of John S. Willis, late sheriff of
Bladen county, to collect arrears of taxes, which was read
first time and passed.
Mr. Candler a bill giving the county courts a discretion
in laying taxes for county purposes, which was read first
time andpassed, and referred to Committee on the Judiciary.
On motion of Mr. Bledsoe the rules were suspended and
the bill to amend the charters of the bank of North Carolina
and other banks, was taken up and read second and third
times, passed and ordered to be engrossed.
On motion of Mr. Thomas a message was ordered to be
sent to the House proposing to go into the election of Con¬
federate States Senators, Tuesday next at 12 o'clock.
The speaker announced that the question before the Senate
wa& the-unfinished business of yesterday, viz : the further
consideration of the bill to authorize the rank and file of com-
30
SENATE JOURNAL. [2nd. Ex. Sbs»
panies composing regiments to elect their field officers, and
the said bill was read second time, and on motion of Mr.
Bledsoe was laid upon the table, and upon this question Mr.
Bledsoe demanded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Brown, Bledsoe, Barringer, Dickson, Dobson,
Faison, Gaither, Hall, Harris of Franklin, Harriss of Chat¬
ham, Humphrey, Lane, Pitchford, Shaw, Simmons, Simpson,
Speight, Street, Stowe, Taylor of Brunswick, Thomas of
Jackson, Walker, Watson, Wtiitaker and Winstead,—25.
Those who voted in the negative are :
Messrs. Adams, Arendell, Blount, Candler, Dockery,
Dowd, Eure, Grist, Outlaw, Ramsay, Slaughter, Spencer,
Stubbs, Turner, Waugh, Walkup, Whedbeeand Worth,—18.
So the bill was laid upon the table. .
Mr. Whitaker asked and obtained leave to introduce a bill
to increase the legion of five companies of cavalry comman¬
ded by Col. S. B. Spruili, to ten companies, which was read
and passed.
Received a message from the House stating that the House
had concurred in the Senate's proposition to go into the elec¬
tion of Confederate States Senators, Tuesday nextatl2o'clock.'
Also a message stating that Messrs. Latham, Mebaneand
Watson had been appointed on the committee to investigate
the Quartermaster and Paymaster's Departments.
Also a message stating that the House had passed an en¬
grossed resolution entitled a resolution* in favor of the Wes¬
tern Rail Road, and in which the concurrence of the Senate-
was asked, which was read first time and passed.
The Speaker announced that Messrs. Brown, Outlaw and
Taylor of Brunswick, had been appointed the Senate branch
of the committee to draft resolutions, in regard to Governor
Ellis.
Also that Messrs. Lane and Gaither had been appointed
the Senate branch of the committee to investigate the Qrar*
termaster and Paymaster's Departments.
1861.]
SENATE JOURNAL.
31
Mr. Brown moved that the Senate do now adjourn to meet
again at 4 o'clock this evening. Mr. Waugh moved to
amend the motion by inserting 10 o'clock to-morrow, which
motion prevailed, so the Senate adjourned until 10 o'clock
to-morrow.
FRIDAY, August 23rd, 1861.
The Senate met at the usual hour. The Journal was read
and approved.
Mr. Humphrey introduced a memorial from citizens of Ons¬
low praying the passage of a Stay Law, which was refer¬
red to the committee on the Stay Law.
Mr. Dowd, a memorial from citizens of Moore county in
regard to the Oheraw Rail Road, which was ordered to be
placed on file.
Mr. Hall, from the committee on Military Affairs, reported
back the resolution to construct a battery and recommended
the said bill do not pass.
Also, from the same committee, reported back the resolution
concerning the expediency of establishing a regiment on the
Eastern Tennessee line, and asked to be discharged from its
further consideration.
Also, from the same committee, reported back the resolution
to authorize the employment of certain prisoners of war, and
asked to be discharged from its further consideration.
Also a resolution providing for the transportation of troops,
and recommended that said resolution do not pass.
Also a bill to enlarge the battalions authorized by an
ordinance of the Convention, and asked to be discharged from
its further consideration.
Also a bill to authorize the formation of a military com¬
pany to be styled the Rail Road Guards, and recommended
that said bill do pass.
On motion of Mr. Hall,
32
SENATE JOURNAL, [2nd Ex. Ses.
Resolved, That his Excellency, the Governor, be requested
to communicate to the General Assembly an estimate of the
present liabilities and prospective wants of the State Treasu¬
ry for Military purposes for the present fiscal year.
On motion of Mr. Faison,
Resolved, That the committee on the Judiciary be instruct¬
ed to enquire and report what additional legislation is neces¬
sary to prevent the collection of debts due citizens of the U.
S. during the continuance of the war between them and the
Confederate States.
Mr. Whitaker introduced a bill to increase the legion of
five companies of cavalry commanded by Col. Spruill, to
ten companies, which was read 1st time and referred to the
Committee on Military Affairs.
Mr. Gaither asked to be discharged from the committee to
investigate the Quarter Master's Department, which was
agreed to. » Whereupon the Speaker appointed in his stead
on said committee, Mr. Grist.
Received a message from the House, stating that the House:
had passed a resolution proposing that the two branches of
the General Assembly adjourn sine die, on Friday the 30th
instant, six o'clock, A. M., which, on motion of Mr. Outlaw,
was laid on the table.
Received a message from the House, transmitting a com¬
munication from his Excellency, the Governor, concerning the
establishment of a hospital in the State of Yirgina, which
was read and referred to the Committee on Military Affairs.
Mr. Turner introduced a bill to allow the soldiers of this
State to elect their officers, which was read first time and
passed.
Mr. Humphrey, a bill to repeal sees. 45, 46, 47, 48, 49,
50, 51, 52, and 53, chap. 107, Revised Code, which was
read first time and referred to the Committee on the Judiciary.
The bill to enlarge the powers of the County Courts for
raising revenue for county purposes, was taken up and read the
second time, and Mr. Candler moved to amend by striking
1861.]
SENATE JOURNAL.
33
out in the "bill the word. "shall" and insert the word "may."
The amendment was rejected.
Mr. Gaither moved to amend as follows, after the word
" force" insert the words " and in the same manner."
Mr. Lane moved to amend as follows, after the word "coun¬
ty " insert the words "county and school purposes," and
the amendment was adopted.
The question now recurred upon the passage of the hill on
the second reading as amended, and upon the passage, Mr.
Dockery demanded the yeas and nays.
Those who voted in the affirmative, *are :
Messrs. Adams, Arendell, Brown, Bledsoe, Blount, Can¬
dler, Dickson, Dobson, Dockery, Dowd, Eure, Faison, Gai-
ther, Grist, Hall, Harris of Franklin, Harriss of Chatham,
Humphrey, Lane, Outlaw, Pitchford, Shaw, Simmons, Simp-
soii, Speight, Street, Stowe, Slaughter, Spencer, Stubbs,
Taylor of Granville, Taylor of Brunswick, Thomas of Jack¬
son, Thomas of Davidson, Turner, Walker, Watson, Waugh,
Whitakef, Winstead, Walkup, Whedbee and Worth—44-
There being no votes cast in the negative the bill passed!
the second reading.
- On motion of Mr. Simpson, the rules were suspended and.
the resolution in favor of Thomas Settle, was read the second!
and third times, passed and ordered to be enrolled.
On the message proposing that the Legislature adjourn.
sine; die on the 30th instant.
Mr. Brown demanded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Arendell, Bledsoe, Barringer, Blount, Candler,.
Dickson, Dobson, Dockery, Dowd, Faison, Gaither, Lane,
Outlaw, Pitchford, Simpson, Stowe, Taylor of Brunswick,
Watson, Waugh, Whitaker, Walkup and Worth,—22.
Those who voted in the negative are:
Messrs. Adams, Brown, Eure, Grist, Hall, Harriss of.
Chatham, Humphrey, Ramsay, Shaw, Simmons, Speight,.
Street, Slaughter, Spencer, Stubbs, Taylor of Granville,.
3
34
SENATE JOURNAL. [2nd. Ex. Sis.
Thomas of Davidson, Turner, Walker, Winstead,and Whed-
bee,—21.
So the message was laid upon the table.
The resolution providing for the transportation of troops,
was read the second time and rejected.
The bill to authorize the formation of a military company,
to be styled the Rail Road Guards, was read the second time,
and on motion of Mr. Candler, the bill was indefinitely post¬
poned—yeas 21, nays 12.
The bill to amend the Charter of the Cheraw and Coal
Field Rail Road was, on motion of Mr. Eure, referred to the
Committee on Corporations.
Mr. Eure asked and obtained leave to introduce a resolu¬
tion of instruction to the Committee on Finance.
The bill to exempt certain persons from military duty was
read second and third times and referred to the Committee
on Militia.
The bill concerning the future requisitions of troops, was
read the second time and referred, with amendments, to the
Committee on Military Affairs.
The bill to provide hands to work on public roads, was
under a suspension of the rules, read second a^d third times,
passed and ordered to be engrossed.
The resolution proposing to raise military companies from
both Houses of the General Assembly, was read second time
and on motion of Mr. Worth, laid ujDon the table*
The yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Brown, Bledsoe, Barringer, Candler, Dowd, Gai-
ther, Hall, Harriss of Chatham, Lane, Outlaw, Pitchford,
Ramsay, Shaw, Simmons, Speight, Street, Stowe, Taylor of
Granville, Taylor of Brunswick, Thomas of Davidson, and
Worth,—21.
Those who voted in the negative are:
Messrs. Adams, Arendell, Blount, Dickson, Dobson, Dock-
cry, Eure, Faison, Simpson, Spencer, Turner, Walker,
Waugh, Winstead, Walkup and Whedbee,—^.
1861.]
»
SENATE JOURNAL.
35
So the resolution was laid upon the table.
The hill to empower tax collectors to list taxahles, was
read second time and referred to the Committee on Finance.
The resolution in favor of the Western Rail Road, was read
the second and third times, passed, and was ordered to he
enrolled.
Mr. Humphrey moved to amend the hill concerning the
future requisitions of troops, as follows, to wit:
Be it further enacted, That in order to ascertain the num¬
ber of troops who are or may he in the service of the State,
or Confederate States, the commanding officers of each com¬
pany he required to report through their commanding officer
to the Adjutant General, a list of the names of the rank and
file and residence of the same, that each county and district
may he credited with the number of troops they may have in
service. The amendment was referred with the hill to the
Committee on Military Affairs.
On motion of Mr. Outlaw, the Senate adjourned until 10
o'clock to-morrow.
SATURDAY, August 24th, 1861.
The Senate met at the usual hour.
The Journal was read and approved.
Mr. Hall from the Judiciary Committee reported hack the
hill for the relief of E. and J. Oliver, and recommended that
said hill do not pass.
Also, a bill to increase the Legion of five companies of
cavalry, commanded by Col. Spruill to ten companies and
recommended that said bill do not pass.
Also, a bill to amend the charter of the Tennessee River
Turnpike in the county of Macon, and recommended that
said bill do not pass.
Also, a bill giving the County Courts discretion in levying
36
SENATE JOURNAL. [2nd. Ex. Ses.
taxes for county purposes, and asked to be discharged from
its further consideration.
The Speaker announced that he had received from the
Military Secretary a communication in reply to a resolution
of inquiry passed by the Senate, which was read, and on
motion of Mr. Gaither, was ordered to be printed.
Mr. Hall, from the Judiciary Committee, reported back
the bill to change the Jurisdiction of the Courts, and recom¬
mended the passage of a substitute for said bill, which was
read and ordered to be printed, and made the special order
for Tuesday next at 1 o'clock.
Mr. Candler moved that the Committee on Finance be
instructed to inquire into the propriety of appropriating a
portion of the Schbol Fund to war purposes, which was
rejected.
Mr. Turner introduced the following resolution to wit :
Resolved, That his Excellency the Governor be requested
to furnish the Senate with such accounts of the battle of
Manassas as he may have received from Lieut. Col. Lightfoot
or any other commissioned officer from North Carolina, who
took part in that battle, and that the Governor communi¬
cate to the Senate in secret session, if the public interest
should require it. Pending the passage of this resolution
Mr. Turner demanded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Adams, Arendell, Blount, Candler, Dockery,Dowd,
Gaither, Grist, Harriss of Chatham, Outlaw, Ramsay, Slaugh¬
ter, Spencer, Stubbs, Turner, Winstead, Whedbee and Worth,
—18.
Those who voted in the negative are:
Messrs. Brown, Bledsoe, Dobson, Eure, Humphrey, Lane,
Pitohford, Shaw, Simmons, Simpson, Street, Stowe, Taylor of
Brunswick, Watson, Waugh and Whitaker.—16.
So the resolution was adopted.
Mr. Humphrey and My. Candler asked and obtained the
1861.]
SENATE JOURNAL.
appointment of sundry persons Justices of the Peace for the
counties of Onslow and Buncombe.
Received a message from the House asking concurrence in
sundry appointments for Justices of the Peace, which was
agreed to.
Mr. Humphrey introduced a bill concerning costs in cer¬
tain wills and testaments, which was read first time and
referred to the Committee on Judiciary.
Received a message from the House transmitting an en¬
grossed resolution entitled a resolution concerning the Militia,
in which the concurrence of the Senate was asked.
On motion of Mr. Dockery the rules were suspended and
the resolution was read three several times and was ordered
to be enrolled.
On motion of Mr. Thomas, the resolution concerning the
capture and imprisonment of John W. Thomas, of Davidson,
was taken up, and on motion of Mr. Bledsoe was laid upon
the table.
Mr. Whedbee asked and obtained leave to introduce the
following preamble and resolution, which was read and or¬
dered to be placed on fife.—
Whereas, It is unwise, impolitic and detrimental to the
public good, that party predilection and prejudice should
control the action of this Legislature, and this body is moved
by a patriotic design to promote harmony of all classes of
the people of the State. Therefore,
Beit Resolved, That with a view to harmonize the public
mind and to bring about unity of action and cordiality of
feeling between the old Democratic and Whig parties, this
body will in the election of two Senators to represent this
State in the Senate of the Confederate Congress, elect one
Senator from the party heretofore known as the Democratic
party, and the other from the party known as the old Whig
party.
Mr. Pitchford asked and obtained leave of absence from
38
SENATE JOUBNAL. [2nd. Ex. Ses.
and after to-day until Wednesday next for the Senator from
Chatham.
Beceived a message from the House, stating that the fol¬
lowing engrossed bill and resolution had passed that body,
and had been ordered to be sent to the Senate for concurrence,
to wit:
A bill to authorize the Governor to pay the officers and
privates of the N. C. Begiments of Volunteers one months'
pay.
On motion of Mr. Candler the rules were suspended and
the bill was read three several times and passed by unani¬
mous vote, and was ordered to be enrolled.
Beceived a message from the House transmitting recom¬
mendations of sundry persons Justices of the Peace, which
was agreed to.
Beceived a message from the House transmitting a resolu¬
tion in favor of the Western Bail Boad.
Also, a resolution in favor of Thos. Settle, and stating
that the Speaker of that body had signed the same, and to
which the signature and ratification of the Speaker of the
Senate was asked. t
On motion of Mr. Arendell the Senate adjourned until-
Monday next 10 o'clock.
MONDAY, August 26th, 1861.
The Senate met at the usual hour. The Journal was read
and approved.
Mr. Bledsoe introduced the following resolution, to wit:
Resolved, That the Committee on Finance be and they are
hereby instructed to report a bill providing for the payment
of the direct tax levied on the people of North Carolina by
the Congress of the Confederate States.
Pending discussion upon the resolution,
The Speaker announced that Messrs. Bamsay, Watson
1861.]
SENATE JOURNAL.
39
and Whedbee bad been appointed tbe Senate branch of tbe
committee on enrolled bills for tbe present week.
On motion of Mr. Brown tbe resolution was now postponed,
and the resolution providing for surgeons, nurses- and hospi¬
tal tents for tbe 11th Regiment N. C. Volunteers, now in
Virginia, was taken up and read the first time and amended
and passed; and,
On motion of Mr. Hall, the rules were suspended and the
resolution was read the second and third times, passed and
was ordered to be sent to the House for concurrence in amend¬
ments.
Mr. Bledsoe now moved to amend the title of the resolu¬
tion as follows, "A resolution to provide surgeonsand hospital
stores for N. C. soldiers," which was adopted, and the resolu¬
tion was 6rdered to be sent to the House for concurrence.
The resolution to furnish hospital tents to the army, was
taken up, and under a suspension of the rules, read second
and third times, passed and was ordered to be enrolled.
The resolution by Mr. Bledsoe to instruct the Finance
Committee was taken up, and,
On motion of Mr. Worth, laid upon the table, and upon
this vote tbe yeas and nays were demanded.
Those who voted in the affirmative, are,
Messrs. Adams, Arendell, Brown, Blount, Gaither, Hum¬
phrey, Lane, Ramsay, Stowe, Slaughter, Spencer, Taylor of
Brunswick, Thomas of Jackson, Walker, Watson, Win-
stead, Whedbee and Worth,—18.
Those who voted in the negative, are,
Messrs. Bledsoe, Candler, Dickson, Dowd, Eure, Faison,
Grist, Outlaw, Simmons, Simpson, Street and Waugh—12.
Mr. Grist introduced a resolution in favor of Wm. Clark,
of Beaufort county, which was read and referred to the Com¬
mittee on Propositions and Grievances.
Mr. Humphrey, a resolution requesting the committee on
Finance to report a bill to protect debtors and for other pur¬
poses which was read and adopted.
40
SENATE J01JRNAL. [2nd Ex. Ses.
The Speaker announced that he had received a communi¬
cation from the Quarter Master General in obedience to a
resolution by the Senate, which was read and ordered to he
printed.
M. Adams introduced a bill to incorporate the Melville
Hill Mining Company, which was read and referred to the
Committee on Corporations.
Mr. Thomas, of Jackson, a hill for the relief and protec¬
tion of the North Carolina Cherokee Indians, which was
read and referred to the Committee on the Judiciary.
The Speaker in obedience to an order of the Senate pre-?
sented the report of Lieut. Col. Lighttoot upon the battle of
Manassas, which was read and ordered to lay on the table.
Received a message from the House, proposing to raise a
joint select committee of three on the part of the Senate and
five on the part of the House, to inquire into the provisions
of the Constitution in regard to filling vacancies in the offi.ee
of Governor ; which,
On motion of Mr. Waugh, was laid on the table, and
upon this question the yeas and nays were demanded.
Those who voted in the affirmative are:
Messrs, Brown, Bledsoe, Barringer, Candler, Dickson *
Faison, Hall, Humphrey, Lane, Shaw, Simmons, Simpson,
Speight, Street, Stowe, Taylor of Brunswick, Thomas of
Jackson, Walker, Watson, Waugh, Whitaker and Win-
stead—22.
Those who voted in the negative are :
Messrs. Adams, Arendell, Blount, Dowd, Eure, Gaither,
Grist, Outlaw, Ramsay, Slaughter, Spencer, Walkup, Whed-
be and Worth—14.
So the resolution was laid upon the table.
The resolution to construct a battery was taken up and
read the second time and rejected.
Mr. Hall, from the Committee on Military Affairs, asked
that the committee be discharged from .the further consider-
1861.]
SENATE - JOURNAL.
41
ation of a resolutions in regard to the establishment of a
Regiment on the East Tennessee line.
Also from the resolution authorizing the Governor to em¬
ploy certain prisoners of war, which was agreed to.
Received a message from the House asking the concurrence
ot the Senate in sundry appointments of Justices of the
Peace, which was agreed to.
On motion the Senate adjourned until 10 o'clock to-morrow.
TUESDAY, August 27th, 1861.
The Senate met at the usual hour.
The Journal was read and approved.
Prayer by the Rev.-Dr. Mason.
The Speaker a mounced that Mr. Candler had been appoint¬
ed on the Committee on Internal Improvements in place of
Mr. Erwin resigned, and that Mr. Adams had been appoint¬
ed on the same committee in place of Mr. Morehead resigned.
Mr. Hall, from the Judiciary Committee, reported hack
the hill to repeal sundry sections of Chapter 107, Revised
Code, and recommended that said hill do not pass.
Also a hill concerning Guardians and Wards, and recom¬
mended that -said hill do not pass.
- Also, a hill concerning the Fayetteville and Northern
Plank Road, and recommended its passage.
Also, a hill concerning costs in certain Wills and Testa¬
ments, and recommended its passage.
Mr. Lane, from the committee on Propositions and Griev¬
ances, reported hack the resolution in favor of Wm. Clark,
and recommended'its passage.
Mr. Worth, from the committee on Finance, reported hack
the hill to empower tax collectors to list taxahles, and asked
to he discharged from its further consideration.
Also a hill to encourage the growth of wool, and asked to
be discharged from its further consideration.
42
SENATE JOURNAL. [2nd. Ex. ses.
Mr. Shaw introduced a resolution in regard to the public
Treasurer, which was read first time and' passed.
Mr. Turner, a resolution declaring the seats of Senators
vacant who hold places of trust and profit under the Confed¬
erate Government, the Government of this State, or any other
Government, which was read first time, passed and was re¬
ferred to the Committee on the Judiciary.
Mr. Thomas, of Jackson, a resolution directing the issue of-
coupon bonds of the State for the benefit of the Western N.
C. Rail Road, which was read first time and referred to the
committee on Internal Improvements.
Received a message from the House stating that the House
had concurred in the amendments to the resolution entitled
a resolution in favor of the 11th Regiment N. C. *Yolunteers,
and the resolution was ordered to be enrolled. -
Received a message from the House asking concurrence in
sundry appointments of Justices of the Peace, which was
agreed to.
Received a message from the House stating that the House
had passed the following engrossed bills and resolutions, to
wit:
A bill to repeal the Stay Law, which was read and referred
to the Committee on the Judiciary.
A bill to establish a Military Hospital, which was read first
time and passed.
A bill to establish a Ferry on the Highwassee River, which
was read first time and referred to the Committee on Internal
Improvements.
A bill to amend an act to incorporate the town of Franklin,
which was read first time and passed.
A resolution authorizing the Public Treasurer to receive
notes on the Miners and Planters Bank, at Murphy, which
was read first time and referred to the Committee on Banks.
A resolution in regard to the volunteer service, which was
read first time and passed.
A bill providing for the issuing of bonds by the Courts of
1861.
SENATE JOURNAL.
43
Pleas and Quarter Session, which was read and referred to
the Committee on thfe Judiciary.
The bill to encourage the growth of wool was read the
second time and was indefinitely postponed.
A bill concerning the Fayetteville and Northern Plank
Road Company, was read second time and amended as re¬
commended by the committee, and passed, and under the
suspension of the rules was read the third time, passed and
was ordered to be engrossed.
A bill concerning Guardians and Wards, was read second
time, and was indefinitely postponed.
A bill to empower tax collectors to list taxables, was read
second time and laid upon the table.
A bill giving the county courts discretion in regard to
levying taxes for county purposes, was read second time and
laid upon the table.
A bill to increase the five companies of cavalry, command¬
ed by Col. Sam. B. Spruill, to ten companies, was read second
time, and pending discussion, a message was received from
the House of Commons proposing to go into the election of
one Senator, and stating that Messrs. Thomas L. Clingman,
Thomas Bragg, Wm. A. Graham, S. J. Person, W. W.
Avery, D. S. Reid, Djavid Outlaw, John M. Morehead, E.
J. Reade and J. W. Osborne, were in nomination; whereupon,
on motion of Mr. Barringer, the name of George Davis
was added to the nominations. The proposition was then
concurred in ; whereupon the Senate, under the superinten¬
dence of Messrs. Slaughter and Faison, proceeded to vote as
follows, to wit:
For Thomas Bragg.—Messrs. Speaker, Bledsoe, Dickson,
Dobson, Harriss of Chatham, Ramsay, Speight, Taylor of
Granville, Watson, Whitaker and Winstead,—11.
For David Outlaw.—Messrs. Arendell, Blount, Dockery,
Dowd, Eure, Slaughter, Spencer and Whedbee,—8.
For W. W. Avery,—Messrs. Gaither, Humphrey, Sim¬
mons, Stoweand Taylor of Brunswick,—5.
44 SENATE JOURNAL. [2d Ex. SES.
For W. A. Graham.—Messrs. Grist, Outlaw, Turner,
Walltup and Worth—5. '
ForD. S. Reid.—Messrs. Brown, Harris of Franklin, Lane,
Simpson and Watigh,-—5.
ForS. J. Person.—Messrs. Hall, Pitchford and Shaw,—3.
For Thos. L. Clingman.—Messrs. Candler and Thomas of
Jackson,—2.
For George Davis.—Messrs. Barringer and Street,—2.>
For J. M. Morehead.—Mr. Adams,—1.
For J. W. Osborne.—Mr. Walker,—1.
For Marcus Erwin —Mr. Faison,—1.
The question now recurring again upon the passage of-the
bill to increase the legion commanded by Col. Spruil-1,
to ten companies, upon the second reading, the yeas and nays
were demanded.
Those who voted in the affirmative are :
Mqssrs. Adams, Arendell, Brown, Bledsoe, Barringer,
Blount, Candler, Dickson, Dockery, Dowd, Eure, Gaithef,
Grist, Hall, Harris of Franklin, Harriss of Chatham, Hum¬
phrey, Lane, Outlaw, Pitchford, Ramsay, Shaw, Simmons,
Simpson, Speight, Street, Spencer, Taylor of Granville, Tay¬
lor of Brunswick, Turner, Whitaker, Winstead, Walkup',
Whedbee and Worth,— 35.
Those who voted in the negative are :
Messrs. Dobson, Thomas of Jackson, Walker, Watson
and Waugh,—5.
Under the suspension of the rules said bill was read third
time, passed and was ordered to be engrossed.
Mr. Adams asked and obtained leave to introduce a bill
to incorporate Rich Fork Mining Company, which was read
the first time, and referred to the Committee on Corporations.
Mr. Barringer introduced a resolution authorizing the
Governor to fill vacancies in the first Regiment North Caro¬
lina Cavalry, commanded by Col. Anderson, which was read
first time, and under a suspension of the rules was read the
second and third fifties, and pending passage Mr. Turner
moved to amend as follows, to wit:
1861.]
SENATE JOURNAL.
45
Resolved, That the privates shall have the power to fill,
by election, any vacancy in the companies of the first Regi¬
ment of North Carolina Cavalry. The amendment was
rejected.
Mr. Turner now moved to amend as follows to wit:
And that vacancies shall he filled from any company only
by some person who may belong to said companies in which
vacancies may occur, provided it be the wish of said compa¬
nies, and upon this amendment Mr. Turner demanded the
yeas and nays.
Those who voted in the affirmative are :
Messrs. Adams, Arendell, Brown, Bledsoe, Blount, Cand¬
ler, Pockery, Dowd, Eure, Faison, Grist, Harris of Franklin,
Humphrey, Lane, Outlaw, Ramsay, Shaw, Simmons, Simp¬
son, Slaughter, Spencer, Taylorof Granville, Turner, Walker,
Waugh, Winstead, Walkup and Whedbee,—26.
Those who voted in the negative are :
- Messrs. Barringer, Dickson, Dobson, Gaither, Hall, Harfiss
of Chatham, Pitchford, Shaw, Speight, Stowe, Taylor of
Brunswick, Thomas of Jackson, Watson and Whitaker,—14.
So the amendment was adopted.
Mr. Bledsoe moved to amend the amendment by striking
out the word companies, and demanded the yeas and nays.
Those who voted in the affirmative are:
Messrs. Bledsoe, Barringer, Dickson, Dobson, Dockery,
Eure, Hall, Harris of Franklin, Humphrey, Lane, Shaw,
Speight, Stowe, Taylor of Gram ille, Taylor of Brunswick,
Thomas of Jackson, Watson, Whitaker and Winstead,—19.
Those who voted in the negative are:
Messrs. Adams, Arendell,Blount, Candler,Dowd, Gaither,
Harriss of Chatham, Outlaw, Pitchford, Ramsay, Simpson,
Slaughter, Spencer, Turner, Waugh, Walkup and Whedbee,
—17.
So the amendment was adopted.
. And on motion of Mr. Barringer, the resolution and amend¬
ment were laid upen the table.
46
SENATE JOURNAL. [2d Ex. Ses-
Mr. Slaughter from the committee to superinted the elec¬
tion of Confederate States Senators reported as follows, to wit:
The committee appointed to superintend the election for one
Senator for the Confederate States of America beg leave to
report that:
Samuel J. Person received 31 votes ; David Outlaw, 27 ;
Wm. A. Graham, 21 ; Thos. Bragg, 17 ; Thos. L. Clingman,
14 ; W. W. Avery, 14 ; David S. Reid, 8 ; George Davis, 6;
Jas. W. Osborne, 5 ; Jno. M. Morehead, 4; Sion H. Rogers, 1;
E. G. Reade, 1; Marcus Erwin, 1.
Whole number of votes cast one hundred and fifty.
Necessary to a choice seventy-six.
No one having received a mojority, there is no election.
Respectfully Submitted,
THOS. I. FAISON.
JOS. B. SLAUGHTER.
On motion of Mr. Outlaw the Senate adjourned until 10
o'clock to-morrow.
WEDNESDAY, August 28, 1861.
The Senate'met at the usual hour.
Prayer by the Rev. Mr. Atkinson.
The Journal was read and approved.
Received a message from the House proposing to go forthwith
into an election of one Senator to the Congress of the Confed¬
erate States, which on motion of Mr. Taylor, of Brunswick, was
laid upon the table ; and a message was ordered to be sent
to the House proposing to go into an election of two Confed¬
erate States Senators at 12 o'clock to-day.
Mr. Gaither called for the special order, which, on motion,
was postponed until the morning business was over.
Mr. Brown from the Committee on Banks reported back
the bill to authorize the Public Treasurer to receive the notes
on the Miners and Planters' Blank, and recommended its
passage.
1861.] SENATE JOURNAL.
47
Mr. Speight from the Committee on Corporations reported
hack the hill providing for the issuing of honds by courts
of Please and Quarter Sessions, and recommended its
passage.
Mr. Worth introduced*a resolution concerning the census
of I860, which was read the first time.
On motion of Mr. Pitchford, it was
Resolved, That the Committee on Internal Improvements
be requested to inquire into what further legislation, if any,
is necessary in regard to the Cape Fear and Deep Kiver
Navigation Company, and that they report by bill or other¬
wise, to this body.
Mr. Candler introduced a bill giving to Mitchell and
Transylvania Counties a Superior Court, which was read
the first time and referred to the Committee on the Judiciary.
Mr. Adams, a bill to incorporate the iEtna Mining Com¬
pany, which was read first time and referred to the Com¬
mittee on Corporation.
Eeceived a message from the House stating that the House
had passed the following engrossed bills and resolutions, in
which the concurrence of the Senate was asked, to wit:
A resolution making it the duty of the Governor to direct
the Treasurer to issue coupon bonds of the Stale for $220,-
000, which was read first time and referred to the Committee
on Internal Improvement.
A resolution to pay bounty money to soldiers, which was
read first time and passed.
The special order was now taken up, which was the further
consideration of the bill to change the Jurisdiction of the
Courts, and the Speaker announced that the question was
upon the adoption of the substitute by the committee to the
original bill, which was read, and Mr. Gaither moved to
amend by striking out the 13th and 14th sections, and by sub¬
stituting other sections proposed by him, and the amendment
was adopted. Also, on motion of Mr. Gaither, two additional
sections were adopted, Nos. 15 and 16. Also, in the 8th
section, the following was adopted: "And all executions issued
48
SENATE JOURNAL. [2nd. Ex. Ses.
bj*a Justice of the Peace shall be made returnable twelve
months from the issuing of the same." Also, in the 5th sec¬
tion, add after the word "cases" at the end of the section, the
words " now pending in the said court."
The question now recurred upon the adoption of the sub¬
stitute as amended and was decided in the affirmative.
The question then recurred upon the passage of the bill as
amended the second reading, and passed. Under a suspen¬
sion of the rules the bill was now read the third time, and
and Mr. Lane moved to amend the 11th section of follows,
to wit:
Provided, That the provisions of this section shall not
apply to sheriffs or other public officers, who may make a
mortgage or deed of trust to secure securities to their official
bonds. And the amendment was adopted.
Mr. Ramsay moved to amend the 8th section as follows, to
wit: in line 10th strike out after the words '•'tried," "all>"
"until" and including the word "security," in the 15thline:
also strike out the words "with such affidavits" in the 15th
and 16th lines. The amendment was rejected.
Received a message from the House proposing to go into
an election of one Confederate States Senator at 12 o'clock.
The proposition was not agreed to;
Received a message from the House proposing to go into
the election of one Confederate States Senator at 1 o'clock,
which, on motion of Mr. Gaither, was laid upon the table.
Mr. Ramsay now proposed to amend by striking out the
10th section, and upon this question the yeas and nays wiere
demanded.
Those who voted in the affirmative are:
Messrs. Adams, Brown, Bledsoe, Barringer, Candler, Bick-
son, Dobson, Dowd, Fison, Harris of Franklin, Harriss of
Chatham, Humphrey, Lane, Outlaw, Pitch-ford-, Ramsey,
Shaw, Simpson, Speight, Stowe, Slaughter, Spencer, Taylor
of Granville, Taylor of Brunswick, Thomas of Jackson, Turner,
Waugh, Whitaker, Winstead, Whedbee and Worth.—31.
Those who voted in the negative are :
1861.]
SENATE JOURNAL.
I
49
Messrs. Blount, Dcckery, Eure, Gaither, Grist, Simmons,
Thomas of Davidson, Watson and Walkup.—9.
So the amendment did prevail.
Mr. Arendell moved to amend as follows, to wit:
Be it further enacted, That the tax fee upon Justices,
Judgments returned to the Supreme [Superior?] Court, shall
hereafter be the same as is now taxed in the several County-
Courts. The amendment^was adopted.
Mr. Brown moved to amend as follows, to wit:
Strike out in the 1st section the words " and have exclu¬
sive criminal jurisdiction in all pleas of the State." v
Mr. Worth moved to adjourn until 10 o'clock to-morrow,
and upon this question Mr. Waugh demanded .the yeas and
nays.
Those who voted in the affirmative are :
Messrs. Barringer, Dowd, Eure, Grist, Hall, Humphrey,
Speight, Slaughter, Spencer, Taylor of Granville and Thomas,
of Jackson,—11.
Those who voted in the negative are :
Messrs. Adams, Brown, Bledsoe, Blount, Candler, Dickson,.
Dobson, Dockery, Faison, Gaither, Harris of Franklin, Har¬
ris, of Chatham, Lane, Outlaw, Pitchford, Ramsay, Shaw,.
Simpson, Stowe, Taylor ot Brunswick, Thomas of Davidson,
Walker, Watson, Waugh, Whitaker, Winstead, Walkup.
and Whedbee,—28.
So the Senate refused to adjourn.
The question again recurred upon the amendment by Mr.
Brown, and upon this question the- yeas and nays were
demanded.
Those who voted in the affirmative are:
Messrs. Adams, Arendelh, Brown, Candler,Dickson, Dowd,
Eure, Faison, Grist, Harris of Franklin, Harriss of Chatham,
Humphrey, Lane, Pitchford, Ramsay, Speight, Thomas of
Jackson, Thomas of Davidson, Waugh, Whedbee and Worth,
—21.
Those whovoted iathe negative are:
4
50
SENATE JOURNAL. [2nd. Ex. Sks.
Messrs. Bledsoe, Barringer, Blount, Dobson, Dockery,
Gaither, Hall, Outlaw, Simpson, Stowe, Spencer, Taylor of
Granville, Watson, Whitaker, Winstead and Walkup,—16.
So the question was decided in the affirmative.
Mr. Ramsay now moved to amend as follows, to wit:
In section 5th, in line third, strike out the words " or crim¬
inal" and in the fifth line strike out the words " and crimi¬
nal." The amendments were adopted.
The question 'now recurring upon the passage of the bill the
third reading, the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Arendell, Brown, Bledsoe, Blount, Candler, Diek^
son, Dockery, Dowd, Faison, Gaither, Grist, Hall, Harris
Franklin, Harriss of Chatham, Humphrey, Lane, Outlaw,
Pitchford, Simpson, Speight, Stowe, Slaughter, Spencer,
Taylor of Granville, Taylor of Brunswick, Thomas of Jack¬
son, Waugh, Whitaker and Whedbee,—29.
Those who voted in the negative are :
Messrs. Adams, Barringer, Dobson, Eure, Ramsay, Thomas
of Davidson, Turner, Watson, Winstead, Walkup and
Worth,—11.
So the bill passed the third reading and was ordered to be
engrossed.
Mr. Gaither now moved to reconsider the vote by which
the bill passed the third reading, and then moved that the
motion to reconsider be laid upon the table, and the motion
prevailed.
On motion of Mr. Waugh a message was ordered to be
sent to the House proposing to go into the election of two
Confederate States Senators at 11 o'clock.
On motion the Senate adjourned until 10 o'clock to-morrow.
THURSDAY, August 29th. 1861.
The Senate met at the usual hour, Thojournal was^ead
and approved.
1861.]
SENATE JOURNAL.
51
Received a message from the House, stating that the
House had refused to concur in the proposition of the Senate
to go into an election of Confederate States Senators, to day
at 11 o'clock, and proposing to go into an election of one C.
S. Senator, to day at 11 o'clock.
Mr. Thomas, of Jackson, moved that the message he laid
upon the tahle ; and upon the question to lay upon the table,
the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Adams, Arendell, Gaither, Ramsay, Spencer, Tay¬
lor of Brunswick, Thomas of Jackson, Turner, Waugh and
Walkup,—10.
Those who voted in the negative are :
Messrs. Brown, Barringer, Candler, Dickson, Dohson,
Dowd, Eure, Faison, Grikfc, Hall, Harriss of Chatham,
Humphrey, Lane, Pitchford, Shaw, Simmons, Simpson,
Street, Stowe, Slaughter, Thomas of- Davidson, Watson,
Whitaker, Winstead, Whedhee and Worth,—26.
So the Senate refused to lay upon the table.
The question again recurred upon concurring in the propo¬
sition and was agreed to ; and a message was ordered to he
sent to the House announcing the concurrence of the Senate
in the proposition to go into an election at 11 o'clock,-and
stating that Hon. W. T. Dortch had been added to the nom¬
inations.
Mr. Hall, from the committee on Military Affairs, reported
the bill to incorporate th£ Independent Guards', and recom¬
mended its passage.
Mr. Humphrey, from the committee on Corporations re¬
ported hack a bill to incorporate Melville Hill Mining Com¬
pany^ and recommended its passage.
Also a bill to incorporate Rich Fork Mining Company, and
recommended its passage.
Mr. Hall, from the committee on the Judiciary to whom
was referred the1 resolution concerning alien enemies, re¬
ported a bill on that subject, which was read the first time
and passed.
52
SENATE JOUKNAL. [2nd. Ex. Ses.
Mr. Thomas, of Jackson, from the committee on Internal
Improvements, reported back the resolution, making it the
duty of the Governor to instruct the Treasurer to issue cou¬
pon bonds "of the State for $220,000, and recommended its
passage.
Mr. Lane, from the committee to investigate the Quarter
and Paymaster's Departments, reported verbally, that so
far as they were able to discover, the business of these depart¬
ments had been discharged faithfully and properly ; that
owing to the magnitude of the work required, it was impos¬
sible to go into a strict investigation of all the transactions
of the departments, owing to the shortness of time allowed
the Legislature, and asked to be discharged from their fur¬
ther investigation.
The committee was excused—Yeas 15, Nays 14.
Received a message from the House proposing to execute
the joint order to go into an election of one Senator at II
o'clock, and a message was ordered to be sent, stating that
the Senate would proceed to execute the joint order upon the
return of the messenger, under the superintendence of Messrs.
Harriss, of Chatham, and Eure.
So under the superintendence of said Senators, the Senate
proceeded to vote as follows, to wit:
For S. J. Person.—Messrs. Barringer, Hall, Humphrey,
Lane, Pitchford, Shaw, Simmons, Street, Stowe and Taylor
of Brunswick,—10.
For Tiios. Bragg.—Messrs. Speaker, Bledsoe, Dickson,
Dobson, Giist, Harriss of Chatham, Ramsay, Speight,
Spencer, Taylor of Granville, Thomas of Davidson, Watson,
Whitaker and Whedbee,—14.
•For Paved Outlaw—Messrs. Adams, Arendell, Dockery,
Dowd, Eure and Slaughter,—-6.
For D. S. Reid.—Messrs. Brown, Harris of Franklin,
Simpson, Waugh and Winstead,—5.
For Thos. L. Cungman.—Messrs. Candler and Thomas oi
Jackson,—2.
1861.] SENATE JOURNAL.
35
For Wm. A. Graham.—Messrs. Walkup and Worth—2.
For W. T. Dortch.—Mr. Faison,—1.
For W. W. Avert.—Mr. Gaither,—1.
For J. A. Gilmer.—Mr. Turner,—1.
Mr. Thomas, of Jackson, from the committee on Internal|
Improvements, reported hack the hill to establish a Ferry on
Higawassee River, and recommended its passage.
Mr. Gaither introduced a resolution requesting the Gover¬
nor to require a detailed report of the action of the 6th
Regiment of State Troops, the part they took in the battle
of Manassas.
On motion of Mr. Gaither, the rules were suspended and
the resolution was read the second time, and Mr. Turner
moved, to amend by including, also, the 5th and the 11th
Regiments.
Mr. Eure, from the committee to superintend the election
of C. S. Senators reported as follows, to wit:
The committee appointed to superintend the election of one
Confederate'States Senator, ask leave to submit the follow ng
report:
Whole number of votes cast, 145. Necessary to a choice,
76.
S. J. Person received 36, Thomas Bragg 22, David Out¬
law 10, T. L. Clingman 16, W. W. Avery 5, W. A. Gra¬
ham 13, D. S. Reid 8, W. T. Dortch 24, Geo. Davis 5, J.
W. Osborne l, D. M. Barringer 1, Bedford Brown 2, W. H.
Hblden 1, John Pool 1, J. A. Gilmer 1.
Respectfully submitted,
EURE & HARRISS.
Received a message from the House proposing to go forth¬
with into an election for a Confederate States Senator.
The proposition was agreed to, and the Senate, under the
superintendence of Messrs. Eure and Harriss, voted as fol¬
lows, to wit:
For D. S. Reed : Messrs. Speaker, Brown, Dobson, Harris
54
SENATE JOURNAL. [2nd. Ex. Ses.
of Franklin, Harriss of Chatham, Ramsay, Simpson, Speight,
Waugh, Whitaker and Winstead,—11.
For W. T. Dortch : Messrs. Arendell, Bledsoe, Blount,
Faison, Grist, Humphrey, Speneer and Watson,—8.
For S. J. Person : Messrs. Dickson, Hall, Lane, Pitch-
ford, Shaw, Simmons, Street and Taylor of Brunswick,—8.
For David Outlaw : Messrs. Dockery, Slaughter, Turner,
Walkup and Whedbee,—5.
For T. L. Clingman : Messrs. Candler, Taylor of Gran¬
ville and Thomas of Jackson,—3.
For W. W. Avery : Messrs. Barringer, Gaither and
Stowe,—3.
For W. A. Graham: Messrs. Dowd and Worth,—2.
For H. T. Clark: Mr. Eure,—1.
For J. M. Morehead : Mr. Outlaw,—1.
For J. A. Gilmer: Mr. Adams,—1.
Mr. Eure, from the committee to superintend the election
of Confederate States Senator, reported as follows, to wit:
The committee appointed to superintend the election of
ono Confederate States Senator, ask leave to report: Whole
number of votes cast, 148 ; necessary to a choice, 75 ; W.
T. Dortch received, 52 ; S. J. Person, 42 ; T. L. Clingman,
14 ; David Outlaw, 8; W. W. Avery, 6; W. A. Graham,
6 ; Geo. Davis, 6 ; H. T. Clark, 1 ; J. M. Morehead, 1 ;
Jno. A. Gilmer, 1 ; David S. Reid, 11.
Respectfully submitted,
EURE & HARRISS.
Received a message from the House proposing to go forth¬
with into an election for one Confederate States Senator, and
that the Hon. W. S. Ashe was added to the nominations ;
which, on motion, was laid upon the table, and a message
was ordered to be sent proposing to go into an election of
two Confederate States Senators forthwith, and H. T. Clark,
W. N. Edwards and Wm. N. H. Smith had been added to
the nominations.
1861.]
SENATE JOURNAL.
55
Received a message from the House proposing to go forth¬
with. into an election for one Confederate States Senator.
Mr. Thomas, of Jackson, moved to lay the message on the
tahle, and upon the question to lay upon the table, demanded
the yeas and nays.
Those who voted in the affirmative are :
Messrs. Adams, Dowd, Eure, Gaither, Stowe, Taylor of
Brunswick, Thomas of Jackson, Watson, Waugh, Whita-
ker and Walkup,—11.
Those who voted in the negative are :
Messrs. Brown, Bledsoe, Barringer, Blount, Candler,
Dickson, Dobson, Faison, Grist, Hall, Harris of Franklin,
Harriss of Chatham, Lane, Outlaw, Pitchford, Ramsay,
Shaw, Simmons, Simpson, Speight, Street, Slaughter, Spen¬
cer, Taylor of Granville, Turner, Winstead, Whedbee and
Worth,—28."
So the Senate refused to lay upon the table.
The question now recurred concerning the proposition of
the House and was agreed to ; whereupon Mr. Slaughter-
withdrew the name of the Hon. W. N. H. Smith from the
nominations, and Mr. Faison withdrew the name of the Hon.
H. T. Clark.
Under the superintendence of Messrs. Eure and Harriss
the Senate proceeded to vote as follows, to wit:
For D. S. Reid : Messrs. Speaker, Brown, Barringer,
Dobson, Dowd, Harriss of Chatham, Ramsay, Simpson,
Speight, Stowe, Taylor of Granville, Taylor of Brunswick,
Waugh and Winstead,—14.
For W. T. Dortch: Messrs. Adams, Arendell, Bledsoe,
Blount, Faison, Grist, Harris of Franklin, Humphrey, Lane,
Street, Spencer, Watson and Whedbee,—13. t
For David Outlaw: Messrs. Dockery, Eure, Slaughter,
Whitaker and Worth,—5.
For Bedford Brown : Mr. Candler,—1.
For T. L. Clingman : Mr. Thomas of Jackson,—1.
For W. W. Aveivst: Mr. Gaither,—1.
SENATE JOURNAL.
[2nd. Ex. Ses
For W. A. Graham: Mr. Turner,—1.
For W. N. Edwards: Mr. Pitchford,—1.
For S. J. Person : Messrs. Dickson, Hall, Shaw and
Simmons—4.
For J. W. Osborne: Mr. Walkup,—1.
For Mr. Morehead : Mr. Outlaw,—1.
The question now recurred upon the amendment of Mr.
Turner to the resolution by Mr. Gaither, to include in the
provision of said resolution, the 11th North Carolina Volun¬
teers and the 5th Regiment State Troops, and upon this
question Mr. Turner demanded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Adams, Arendell,Blount, Candler, Dockery, Grist,
Outlaw, Ramsay, Slaughter, Spencer, Turner, Waugh,
Winstead, Walkup, Whedbee and Worth,*-16.
Those who voted in the-vegative arc:
"Messrs. Brrtwn, Bledsoe, Barringer, Dickson, Dobson,
Dowd, Faison, Gaither, Hall, Harris of Franklin, Humphre}7",
Lane, Pitchford, Shaw, Simmons, Simpson, Speight, Street,
Stowe, Sharpe, Taylor of Granville, Thomas^of Jackson,
Watson and Whitaker,—24.
So the amendment was not adopted.
The question again recurred upon the passage of the re¬
solution the second reading, and Mr. Gaither demanded the
yeas and nays.
Those who voted in the affirmative are:
Messrs. Adams, Arendell, Brown, Blount, Dockery, Dowd,
Eure, Grist, Lane, Outlaw, Pitchford, Ramsay, Shaw,
Slaughter, Spencer, Taylor of Granville, Turner, Whitaker,
Winstead, Walkup, Whedbee and Worth,—22.
Those who voted in the negative are:
Messrs. Bledsoe, Barringer, Candler, Dickson, Dobson,
Faison, Gaither, Harris of Franklin, Harriss of Chatam,
Humphrey, Simpson, Speight, Stowe, Taylor of Brunswick,
Thomas of Jackson, Watson and Waugh,—17.
So the resolution was laid on the table.
1861.]
SENATE JOURNAL.
57
Mr. Eure from the committee to superintend the election
of a Confederate States Senator reported as follows to-wit:
The Committee appointed to superintend the election of one
Confederate States Senator ask leave to submit the following
report: Whole number of votes cast, 148 ; necessary to a
choice, 75 ; W. T. Dortch, received 56 votes ; W. W. Avey,
3 ; T. L. Clingman, 20 ; G-eorge Davis, 7 ; W. A. Graham,
3 ; S. J. Person, 33 ; David Outlaw, 7 ; W. S. Ashe, 1 ;
D. S. Reid, 14 ; J. W. Osborne, 1; Bedford Brown, 1; J. M.
Morehead, 1; W. N. Edwards, 1.
Respectfully submitted,
EURE & HARRISS.
Received a message from the House stating that the House
had passed an engrossed hill to divide the State into ten Con¬
gressional Districts, which was read and made the special
order for 12 o'clock to-morrow.
Also, a bill to amend the charter of the Farmer's Bank of
North Carolina, which was read first time and passed. Also,
a resolution in favor of Charles Byrd which was read first time
and passed. Also, a hill to prevent the sales of spiritous
liquors within two miles of Lenoir Institute which was read
first time and passed.
On motion of Mr. Taylor,of Granville,the Senate adjourned
until 10 o'clock to-morrow.
FRIDAY, August 30th, 1861.
The Senate met at the usual hour.
The Journal was read and approved.
Mr. Hall from the Committee on the Judiciary reported
hack the bill giving to Transylvania and Mitchell counties
a Superior Court, and recommended its passage.
Also, a bill to alter the rules of evidence ag applicable to
justices, and recommended its passage.
Mr. Thomas, of Jackson, from the Committee on Internal
Improvements, to whom was referred a bill to amend the
58
SENATE JOURNAL. . [2nd. Ex.Ses.
Charter of the Cheraw .and Coal FieW Rail Road, recom¬
mended the adoption of a substitute propose^ by the com¬
mittee for said bill, which substitute was read the first time
and passed.
Mr. Hall introduced a bill to amend an act entitled an
act to incorporate the North Carolina Fibre Company, which
was read the first time and passed ; and on motion of Mr.
Hall the rules were suspended and the bill was read the sec¬
ond and third times, passed and was ordered to be engrossed.
Mr. Hall, introduced a bill to authorize the issuing of
small notes on the Bank at Wilmington, which was read
first time, passed and was referred t© the Committee -on
Banks.
Received a message from the House transmitting sundry
appointments for Justices of the Peace, which was concurred in.
Mr. Humphrey asked and obtained leave of absence for the
Senator from Currituck from and after to-day until Monday
week,
On motion of Mr. Humphrey, a message was ordered to be
sent to the House of Commons, proposing to go into the
election of two Confederate States Senators, on Friday next
at 12 o'clock.
The hill to repeal sundry sections of Chapter 107 Revised
Code, was read second time and pending passage, Mr.
Simpson moved to lay the bill upon the table, and upon the
question to lay upon the table, Mr. Humphrey demanded the
yeas and nays.
Those who voted in the affirmative are :
Messrs. Candler, Dockery, Dowd, Gaither, Grist, Outlaw,
Simpson, Stowe, Slaughter, Spencer, Taylor of Granville,
Thomas of Jackson, Waugh, Winstead, Walkupand Worth,
—16.
Those who voted in the negative are : > " ~
Messrs. Adams, Bledsoe, Blount, Dickson, Faison, Harris
of Franklin, Humphrey, Lane, Ramsay, Shaw, Simmons,
Speight, Taylor of Brunswick, Turner, Watson and Whit-
aker,—16.
1861.]
SENATE JOURNAL.
y
So the Senate refused to lay on the table.
The question then recurred upon the passage of the bill the
second reading. .
Those who voted in the affirmative are :
Messrs. Adams, Blount, Dickson, Dowd, Faison, Harris
of Franklin, Humphrey, Lane, Shaw, Taylor of Brunswick,
Thomas of Dafidson, Watson, Whitaker and Winstead,—14.
Those who voted in the negative are :
Messrs. Candler, Dobson, Dockery, Gaither, Grist, Harriss
of Chatham, Outlaw, Ramsay, Simpson, Speight, Stowe,
Slaughter, Taylor of Granville, Thomas of Jackson, Waugh,
Walkup and Worth,—17.
So the hill was rejected.
The bill to amend the Charter of the Tennessee River
Turnpike, in Macon County, was read the second time and
laid upon the table.
The hill to allow soldiers to elect their officers was read
second time, and referred to the Committee on Military
Affairs.
The hill concerning costs in certain wills and testaments,
was read second and third times, amended, passed and ordered
to he engrossed.
The preamble and resolution proposing to elect one Con¬
federate States Senator, from the Democratic party, and one
from the Whig party, was on motion of Mr. Dowd laid upon
the table.
The bill to establish a Military Hospital was laid upon
the table.
The resolution authorizing the Public Treasurer to receive
the notes on the Miners and Planters' Bank, at Murphy, was
read the second time and passed, and under a suspension of
the rules said bill was read the third time, and Mr. Watson
moved to amend as follows,to-wit: provided the Banks of this
city will receive on deposit the notes of said Bank.
Mr. Bledsoe moved that the bill and amendment be laid
upon the table, and upon this question the yeas and nays were
demanded.
60
SENATE JOURNAL. [2nd. Ex. Ses.
Those who voted in the affirmative are:
Messrs. Bledsoe, Dickson, Humphrey, Lane, Stowe, Stubbs,
Taylor of Brunswick, "VVatson, Whitaker and Winstead,—9.
Those who voted in the negative are :
Messrs. Adams, Barringer, Blount,Candler, Dohson, Dowd,
Faison, Gaither, Grist, Harris of Franklin, Harriss of
Chatham, Outlaw, Ramsay, Shaw, Simpson, Speight, Stowe,
Taylor of Granville, Thomas of Jackson, Waugh, Walkup,
and Worth,—22.
So the Senate refused to lay upon the table.
The Speaker announced the special order, to-wit: The con¬
sideration of the bill to divide the State into ten Congres¬
sional Districts, which was taken up and read the second
time and passed, and under a suspension of the rules was
read the third time ; when Mr. Hall moved to amend as
follows, to wit: Strike out in the thirteenth line of section
second the words "Richmond and Harnett," and insert the
words "Duplin and Sampson." The motion did not prevail.
Mr. Ramsay moved to amend as follows:
Strike out the word "Iredell," from ninth District, and
insert Catawba, and strike out Catawba, from eighth District,
and insert Iredell. The amendment was rejected.
Mr. Faison moved to amend as follows, to-wit: Insert in
the tenth and eleventh lines in the place of Duplin, Sampson
and Haanett; and pending vote,
Mr. Faison moved to postpone the further consideration of
the bill until Friday next, and demanded the yeas and nays,
Those who voted in the affirmative are :
Messrs. Adams, Bledsoe, Blount, Dickson, Faison, Grist,
Outlaw, Ramsay, Slaughter, Stubbs, Taylor of Brunswick,
Walkup and Worth,—13.
Those who voted in the negative are:
Messrs. Barringer, Candler, Dobson, Dowd, Gaither, Hall,
Harris of Franklin, Harriss of Chatham, Humphre}1", Lane,
Shaw, Simmons, Simpson, Speight, Stowe, Taylor of Gran¬
ville, Thomas of Jackson, Turner, Watson, Whitaker and
Winstead,—21.
1861.]
SENATE JOURNAL.
61
So the Senate refused to postpone.
The question again recurred upon the amendment by Mr.
Faison, who again moved to postpone until to-morrow. The
motion did not prevail.
The question again recurring upon the motion to amend
by Mr. Faison, the motion did not prevail.
Mr. Grist moved to amend as follows, to-wit: Strike out
the word Tarboro', in the sixth section and insert the word
Greenville. The amendment did not prevail.
Mr. Turner moved to amend as follows, to-wit: Add Ran¬
dolph to.the sixth District. The amendment did not prevail.
Mr. Candler moved to reconsider the vote by which the
amendment by Mr. Grist was lost, which was agreed to.
The question then recurred upon, the adoption of the
amendment and was decided in the affirmative.
The question again recurred upon the passage of the bill
as amended, the third time, and was decided in the affirma¬
tive, and ordered to be sent'to the House for concurrence.
The question again recurred upon the adoption of the
amendment to the bill to authorize the public Treasurer to
receive the notes of the Planters and Miners' Bank, by Mr.
Watson, and Mr. Bledsoe moved to amend the amendment as
follows, to-wit: And provided further, That the Public
Treasurer shall not be required to receive a larger sum of the
notes of the said Bank, than he may have borrowed and still
owes it.
Mr. Thomas, of Jackson, demanded the yeas and nays.
Pending vote, on motion Mr. Taylor, of Brunswick, the
bill and amendments was laid upon the table.
Received a message from the House proposing au amend-
nient to the bill to provide hands to work the public roads,
which was concurred in.
Received a message from the House stating that the House
of Commons find correctly.enrolled the.following bills:
An act to increase the Legion of five companies of Cavalry
commanded by Col, Samuel B. Spruill, to ten companies.
62
SENATE JOURNAL. [2nd. Ex. Ses.
A Resolution to authorize the tender of forces from this
State to the Confederate States.
The Speaker of the House of Commons has signed the
same, and they are transmitted to the Senate for the signature
of the Speaker thereof. Whereupon the Speaker signed and
ratified said acts, in the presence of the Senate.
On motion of Mr. Taylor, of Brunswick,
Resolved, That the Senate will go into no election for Con¬
federate States Senators before Friday next.
Mr. Outlaw moved to re-consider the vote by which the
resolution passed and that the motion to re-consider he laid
upon the table, and the motion prevailed.
Mr Simpson asked and obtained leave of absence for the
Senator from Beaufort, until Monday next; Mr. Hall, for the
Senator from Brunswick ; Mr. Taylor, for the Senator from
New Hanover, until Monday next; Mr. Ramsay, for the
Senator from Martin, until Wednesday next; Mr. Lane, for
the Senator from Warren, until Tuesday next; Mr. Walkup,
for the Senator .from Pitt, until Wednesday next; Mr.
Waugh, for the Senator from Onslow, from and after to-day
until Wednesday next, all of which was agreed to.
On motion of Mr. Hall, the Senate adjourned until to¬
morrow, 10 o'clock.
SATURDAY, August 31st, 1861.
The Senate met at the usual hour. The Journal was
read and amended.
Mr. Ramsay introduced a bill for the relief of certain
Banks and the people, which was read the first time and
passed.
Mr. Winstead, a resolution in favor of Charles G. Michell,
which was read 1st time and referred to the Committee on
Claims.
Received, a message from the House, stating that the
1861 r] SENATE JOURNAL.
63
House had^passed the following engrossed hills and resolu¬
tions, in which the concurrence of the Senate had been
asked, to wit: ; „
A bill to amend Chap. Revised Code entitled Wills and
Testaments, which was read 1st time and referred to the
Committee on the Judiciary :
Also, a bill to incorporate the town of Smithfield, which
was read 1st time and passed, and referred to the Commit¬
tee on Corporations :
A resolution in favor of James G. Crawford, which was
read 1st time and referred to the Committee on Claims :
A resolution in favor of soldiers, which was read 1st time
and passed :
A hill to provide for the collection of insolvent taxes in
certain cases, which was read 1st time and referred to the
Committee on Claims :
A hill to alter the pay of witnesses in the county of Co¬
lumbus, which was read 1st time and passed.
A hill to take the sense of the people on the propriety of
re-assembling the Convention, was read the 1st time and re¬
ferred to the Committee on the Judiciary.
A bill in favor of A. B. Long, late Sheriff of Rutherford
county, was read 1st time, passed and referred to the Com¬
mittee on the Judiciary.
A bill to incorporate the Charlotte and South Wescern
Rail Road Company, which was read 1st time and referred
to the Committee on Internal Improvements.
A resolution concerning the Camp of Instruction, which
was re^d and referred to the Committee on Military Affairs.
A resolution in favor of B. Justice, read 1st time and re¬
ferred to the Committee on Claims.
A resolution in favor of J. R. Brown, which was read and
referred as before.
; A resolution in favor of Hiram Gunter, read 1st time and
referred as before. ,
A. resolution in favor ?f L, H. Lawrence, Sheriff of Lincoln
county, which was read 1st time and referred as before.
64
SENATE JOURNAL. [2xd. Ex. Ses.
A resolution concerning alien enemies, which was read
1st time and referred to the Judiciary.
A bill for the encouragement of manufacturing of gun
powder in Mecklenburg, was read 1st time and passed ; and
on motion of Mr. Barringer the rules were suspended, and
said bill was read 2nd and 3rd times ; and on motion of Mr.
Birringer a substitute was adopted for said bill ; and on
motion of Mr. Thomas the bill was referred to the Commit¬
tee on Military Affairs.
Mr. Slaughter introduced a resolution in favor of Valen¬
tine and Daniel, which was read 1st time and referred to
the Committee on Claims. (
Mr. Grist asked and obtained the reading of the resolution
in favor of Wm. Clark, which was passed; and under sus¬
pension of the rules, said resolution was read 3rd time and'
passed, and was Ordered to be engrossed.
Mr. Barringer introduced a resolution concerning the
Quarter and Pay Master's Departments, which was read 1st
time and passed, and under the suspension of the rules the
resolution was read the 2nd time, and pending passage the
resolution was informally passed over until Monday next.
Mr. Grist asked and obtained leave of absence for the Sen¬
ator from Cumberland until Monday next; and Mr. Stowe
asked and obtained leave of absence for the Senator from
Chatham until Monday next.
Received a message from the House stating that the
House had passed an engrossed bill to amend the county
line of the county of Mitchell, which was read the 1st time
and passed ; and under a suspension of the rules the bill was
read the 2nd and 3rd times ; and on motion of Mr. Stowe
the words "1st of January, 1861" were stricken out; and the
words " 1st of October, 1862," were inserted, and with this
amendment the bill passed the third reading and was or¬
dered to be sent to the House for concurrence in amendments.
The bill for the relief of E. and J. Olive was taken up add
read the 2d time, and on motion of Mr. Candler, was indefin¬
itely postponed.
1861.]
SENATE JOURNAL.
65
The hill to incorporate the Independent Guards was read
the 2nd time ; and on motion of Mr. Thomas, the bill was
informally passed over.
. The bill to provide for the completion of the Western
Turnpike was read second time and referred to the Committee
on Internal Improvements.
The bi|i to incorporate Melville Hill Mining Company, was
read, under a suspension of the rules, the second and third
times, pissed and was ordered to be engrossed.
The bill to amend an act to incorporate the town of Frank¬
lin, which was read second and third times, passed and order¬
ed to be engrossed.
Mr. Dowd moved to reconsider the vote by which the bill
authorizing the Public Treasurer to receive the notes on the
Miners and Planter's Bank was lost. Mr. Bledsoe moved to
lay the motion to reconsider upon the table. Pending dis¬
cussion,
On motion of Mr. Outlaw, the Senate adjourned until 10
o'clock on Monday next.
MONDAY, September 2nd, 1861.
The Senate met at 10 o'clock. The journal was read and
amended.
Mr. Lane, introduced a memorial from Abisha Lucas, a free
man of color, praying to be permitted to enslave himself to
D. II. Bridges, which was referred to the Committee on the
Judiciary.
Mr. Burton, introduced a resolution instructing Chief of
Ordinance to supply arms to Second Regiment North Carolina
Volunteers, which was referred to the Committee on Military
Affairs.
Mr. Candler, introduced a resolution to procure balsam and
.quinine for the army, which was referred to the Committee
on Propositions and Grievances.
5
66
SENATE JOURNAL. [2nd. Ex. Ses.
A message was received from the House of Commons an¬
nouncing the passage, by that body, of a resolution directing
how the several regiments of troops raised in the State
shall he numbered. The concurrence of the Senate was ashed
thereto.
Also, a message from the House announcing that they had
passed the following engrossed bills and resolutions, in which
they asked the concurrence of the Senate to wit:
A resolution in favor of James Buxton ; resolution in
favor of Daniel Willis -and David Lewis and others ; a bill
in relation to Confederate Treasury notes ; a bill to amend
an "act to incorporate the Madison Savings Bank," a bill
to prevent the felling of timber in the waters of Lisle's Creek
in the county of Catawba. All of which bills and resolutions
were read the first time.
The bill in relation to Confederate Treasury notes was re¬
ferred to the Committee on Finance. And the resolution in
favor of James Buxton, under a suspension of the rules, was
put upon its several readings amended, passed, and ordered
to be sent to the House for concurrence.
A message was received from the House informing the
Senate that they had concurred in the Senate amendment to
the bill to amend the county line of Mitchell county. Also,
concurring in the Senate amendment to the bill to divide the
State into ten Congressional Districts. Also, informing the
Senate that Messrs. Henry, Judkins, Patterson, Love and
Cowles, constitute the House branch of the committee on
enrolled bills for the present week. The Speaker announced
Messrs. Watson, Simpson and Slaughter, as the Senate
branch of the committee.
A Resolution concerning the Quarter and Pay Master's
Departments coming up as the special order was, upon motion
of Mr. Thomas, of Jackson, informally passed over.
Mr. Ramsay introduced an amendment to the resolution
in regard to the volunteer service, to insert after the words
"dead soldiers" < 'or in case said soldiers may die without wives
1861.]
SENATE JOURNAL.
or children, then to his legal representatives," but withdrew
it; when Mr. Worth introduced the following amendment:
"to the widow of the deceased soldier, if he left one; or if he
left no widow, to his mother, and if he left no wife or mother,
then to his legal representatives."
Mr. Candler, moved to amend the amendment by adding
" that no male relative over eighteen or under forty-five, who
failed to volunteer and fight for his country, shall take aby
thing by this resolution," which was not adopted.
Mr. Bledsoe moved to amend Mr. Worth's amendment by
adding after the word "widow" the words "to his legal
representatives for the use and benefit of his children, and
if he leaves no children, to his mother," which was adopted,
and also the amendment of Mr. Worth ; and the resolution
as amended, under a suspension of the rules, passed its several
readings and was ordered to be sent to the House of Commons,
to ask concurrence in the same.
A resolution concerning the census of 1860, was put upon
its second reading and passed, and under a suspension of the
rules, was read the third time, passed and ordered to be
engrossed.
A resolution to pay bounty money to soldiers, was read
the second time and passed, and referred to the Committee on
Military Affairs.
Upon motion of Mr. Outlaw, the Senate adjourned until
to-morrow at 10 o'clock.
TUESDAY, September 3d, 1861.
The Senate met at the usual hour. The Journal was read
and approved.
Received a message from the House, proposing that the
two Houses of the General Assembly adjourn On Friday next,
at 6 o'clock, A. M.
On motion of Mr. Simpson, the message wae laid upon the
table.
68
SENATE JOURNAL. [2nd. Ex. Sb».
Received a message from the House, stating that the House
had concurred in the Senate's amendment to the resolution
in favor of James Buxtou ;
Also, that the following bill and resolutions had passed
that body, and that the concurrence of the Senate in said bill
and resolutions was asked, to wit:
A bill, to supply the wants of the volunteers of Edgecombe
county, which was read the first time and passed, and, un¬
der a suspension of the rules, was read the second and third
times, amended, and on motion of Mr. Dockery, passed and
ordered to be enrolled ;
A resolution in favor of H. H. Davidson, which was read
^ the first time, and referred to the Committee on Claims.
A resolution concerning mileage, which was read the first
timd and passed.
Mr. Thomas, of Jackson, introduced a bill to provide Arms
for an Independent North Carolina Regiment, which was
read the first time, and referred to the Committee on Military
Affairs.
Received a message from the House, transmitting a me¬
morial from citizens of Surry County, concerning a stay law,
which was referred to the Committee on the Judiciary.
The bill to amend the Charter of the Cheraw and Coal¬
fields Railroad, was read the second time, and the question
was upon the adoption of the substitute recommended by the
Committee on Internal Improvements, for said bill, and the
question was decided in the affirmative.
The question then recurred upon the passage of the bill as
amended, and was passed.
The bill to establish a Ferry on the Highwassee River,
was read the second time and passed.
The resolution in regard to the payment of bonds of this
State due to alien enemies, was read the second time, and re¬
ferred to the Committee on Finance.
The bill to issue bonds by Courts of Pleas and Quarter
Sessions, was read the second time and nassed.
1861.]
SENATE JOUKNAL.
69
The bill giving to Transylvania and Mitchell counties a
Superior Court, was read second time and passed.
The bill concerning the Sheriff of Watauga county, was
read the second time and passed.
The resolution making it the duty of the Governor to in¬
struct the Treasurer to issue coupon bonds of the State for
$220,000, was read the second time and passed.
The bill to prevent the collection of debts due alien enemies,
was read the second time and passed.
The bill to amend the charter of the Farmers' Bank, of
North Carolina, was read the second time, and laid upon the
table.
The bill to prevent the retail of spirituous liquors within
two miles of the Lenoir Institute, was read the second time
and passed.
A bill to alter the rules of evidence, as relates to Indians,
was read the second time and passed.
The resolution in favor of enlisted soldiers, was read the
second time, and was referred to the Committee on Military
Affairs.
A bill for the relief of certain Banks and the people, was
read the second time, and,
On motion by Mr. Bamsay, was amended, as follows, to
wit: At the end of section first, add—Provided, that the
provisions of this act shall not continue longer than the ex¬
istence of the war.
With this amendment, said bill passed the second time.
The resolution regulating how the several regiments of
-troops raised in the State shall be numbered, was read the
second time and passed.
The bill to prevent the felling of timber in the waters of
Lisle's Creek, was read the second time and passed.
The bill to alter the pay of witnesses in the County of Co¬
lumbus, was read the second time and passed.
The bill to authorize and empower David Lewis and other
securities of John S. Willis, late Sheriff of Bladen county,
70
SENATE JOURNAL.
[2nd. Ex. Ses.
to collect arrears of taxes, was read the second and third
times, passed, and ordered to he engrossed.
Mr. Brown moved that a message be sent to the House,
proposing that the two Houses of the General Assembly ad¬
journ on Monday next, .sine die, at 6 o'clock.
Mr. Bledsoe moved to amend the amendment by Mr. Brown,
as follows, to wit *
That a proposition he sent to the House, proposing to raise
a joint committee to investigate the business before the Gen¬
eral Assembly, and report when the Legislature can adjourn
without detriment to the public interest. And upon this
amendment Mr. Bledsoe demanded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Adams, Arendell, Bledsoe, Candler, Dickson,
Dockery, Eure, Faison, Hall, Lane, Outlaw, Street, Taylor
of Granville, Taylor of Brunswick, Thomas of Jackson, and
Whitaker—16.
Those who voted in the negative are:
Messrs. Burton, Brown, Barringer, Dowd, Harris of Frank¬
lin, Harriss of Chatham, Ramsay, Simpson, Speight, Slaugh¬
ter, Walker, Watson, Waugh and Winsted—14.
So the amendment to the amendment was adopted.
The question then recurred upon the resolution as amended,
and was agreed to.
Received a message from the House, transmitting an en¬
grossed bill entitled a bill tcrauthorize the making of gun¬
powder, which was read the first time, passed, and
On motion of Mr. Brown, said bill was read the second
and third times, passed, and was ordered to be enrolled.
Mr. Brown now moved to reconsider the vote by which the
bill passed the third time, and then moved that the motion
to reconsider he laid upon the table, and said motion pre¬
vailed.
Mr. Slaughter introduced the following resolution, to wit:
Resolved, That from and after the passage of this resolu¬
tion no member of the Senate shall be permitted to speak
longer than ten minutes at any one time.
1861.]
SENATE JOURNAL.
n
Mr. Ramsay moved to amend the resolution by adding the
words, " unless by permission of the Senate."
Mr. Bledsoe moved that the resolution and amendment be
laid upon the table, and demanded the yeas and nays.
Those who voted in the affirmative are:
Messrs. Adams, Arendell, Bledsoe, Candler, Dickson,
Dockery, Faison, Lane, Outlaw and Whitaker—10.
Those who voted in the negative are:
Messrs. Brown, Barringer, Dowd, Eure, Hall, Harris of
Franklin, Harriss of Chatham, Ramsay, Simpson, Speight,
Street, Slaughter, Taylor of Granville, Taylor ot Brunswick,
Walker, Watson, Waugh and Winstead—18.
So the Senate refused to lay upon the table.
The question now recurring upon the amendment of Mr.
Ramsay, was decided in the negative.
Mr. Outlaw now moved to add to the resolution by Mr.
Slaughter, the followiug, " except on the bills to create
revenue and the bill concerning militia," which was not
agreed to.
The question again recurred upon the adoption of the rule,
and the yeas and nays were demanded.
Those who voted in the affirmative are:
Messrs. Adams, Brown, Barringer, Dowd, Eure, Hall,
Harris of Franklin, Harriss of Chatham, Ramsay, Simpson,
Speight, Street, Slaughter, Taylor of Granville, Taylor of
Brunswick, Walker, Watson, Waugh and Winstead—19.
Those who voted in the negative are :
Messrs. Arendell, Bledsoe, Candler, Dickson, Dockery,
Faison, Lane, Outlaw and Whitaker—9.
Two-thirds having voted in the affirmative, the resolution
was adopted.
On motion by Mr. Hall, the bill to encourage the manu¬
facture of gunpowder in the County of Mecklinburg, was
taken up. The Committee on Military Affairs reported a
substitute for said bill, which was read the first time and
placed on file.
72
SENATE JOURNAL.
[2nd Ex. Ses.
The bill to incorporate the Independent Guards'was taken
up and read the second time, and,
On motion of Mr. Hall, the third section of the bill was
Stricken out. Whereupon the bill was read the third time
and passed, and ordered to be engrossed.
The bill to incorporate Rich Fork Mining Company was
read the secpnd and^hird times, passed, and was ordered to
be engrossed.
The resolution in favor of Charles Bvrd was read the second
and third times, and was referred to the Committee on Claims.
Received a message from the House, transmitting a bill to
pay the North Carolina Cadets, which was read the first time
and passed, and,
On motion of Mr. Brown, the rules were suspended and
the bill was read the second and third times ; and.
Mr. Bledsoe moved to add the words, " to the officers of
the Ellis Artillery the sums to which they v~ere respectively
entitled up to the 1st day of September, 1861."
Mr. Hall moved to extend the provisions of the bill to the
Wilmington Light Artillery.
On motion of Mr. Thomas of Jackson, the bill and amend¬
ments were referred to the Committee on Military Affairs.
Received a message from the House, stating that the House
bad passed an accompanying resolution concerning the com¬
missions of officers, which was read and referred to the Com¬
mittee on Military Affairs.
On motion of Mr. Adams, the bill to amend the Charter
of the Farmers' Bank of North Carolina, was taken from
the tahl6, and read the second and third times, passed and
was ordered to be enrolled.
The resolution in. favor of Daniel Willis and David Lewis
and others was read the second and third times, passed and
was ordered to be enrolled.
On motion of Mr. Thomas, of Jackson, the bill to provide
arms for the Independent Regiment of North Carolinians
1861.] SpNATE JOURNAL. T3
was read the second time, and Mr-; Ramsay moved to amend
as follows, to wit: " And that the sum of fifteen thousand
dollars be appropriated to purchase horses for Captain B>. R.
Moore's Company of Cavalry." The amendment did not
prevail.
The question now recurred upon the second reading, and
passed. There being no objection, said bill was-read the
third time, passed, and was ordered to be engrossed.
Mr. Thomas now, moved-..fev reconsider the vote by which
the bill passed'the third reading, and then moved to lay the
motion to reconsider upon the table, and the motion to lay
on the table prt^iled.
On motion of Mr. Thomas* of Jackson, the Senate ad¬
journed until 10 o'clock to-morrow.
WEDNESDAY, September 4th, 1861.
The Senate met at the usual hour. The journal was read
and amended.
Mr. Brown, from the Committee on Banks reported back
the bill to authorize the issuing of small notes by the Sav¬
ings Bank of Wilmington, and recommended that said bill
do not pass.
Mr. Speight, from the Committee on Corporations, reported
back the bill to incorporate the town of Smithfield, and re¬
commended its passage.
Mr. Worth, from the Committee on Finance, submitted
the following report, to-wit: 1
The Committee of Finance, t6 whom was referred the re¬
solution instructing them to inquire into the expediency of
reporting # bill providing for the collection of an ad valorem
tax, according to the provisions of the amended Constitution
" upon all slaves hereafter listed for taxation," with the
amendments accompanying the same, direct me to report that
they do consider it expedient to tax slaves ad valorem, under
74
SENATE JOURNAL.
[2d Ex. Ses.
the provisions of the amended Constitution, and that the
same principle of taxation to many other species of property,
and that the general revenue hill reported by them is based,
on this principle, and they therefore report no special bill
under this resolution and ask to be discharged from the
further consideration of the subject.
JONATHAN WORTH, Chairman.
The Senator elect from the 5th Senatorial District, W. S.
Copeland, appeared upon the floor; and on motion of Mr.
Dickson, was permitted to present his certificate of election,
qualify and take his seat.
Received a message from the House, stating that the
Speaker of the House had signed the following enrolled bills,
viz :
An act to divide the State into ten Congressional Districts.
An act to amend the County line of Mitchell County.
An act to amend an act incorporating the town cf Franklin.
An act to enlarge the powers of the County Courts, for
raising Revenue for County purposes.
An act to provide hands to work the public roads.
An act to encourage the Manufacture of gunpowder.
They are ordered to be sent to the Senate for the signature
of the Speaker thereof. Whereupon, the Speaker of the
Senate signed and ratified the same in the presence of the
Senate. '
Mr. Worth, from the Committee on Finance, reported back
a bill to repeal an act entitled an act prohibiting the General
Assembly from taxing State bonds, and recommended that
said bill do pass.
Mr. Hall, from the Committee on Military Affairs, reported
back the following bills and resolutions, to-wit:
A bill to pay North Carolina Cadets, with amendments,
and recommended its passage, with certain amendments pro¬
posed by the committee.
Also, a resolution concerning the Commissions of Officers,
and recommend that said resolution do not pass.
1861.]
SENATE JOURNAL.
75
Also, a resolution to allow tlie soldiers of North Carolina
to elect their officers, aird recommended that said resolution
do not pass.
Also, a resolution concerning the numbering North Caro¬
lina Regiments, and recommended that said resolution do not
pass.
Also, a bill to enlarge the battalions authorized by the
State Convention, and asked to be discharged from its further
consideration.
Also, a resolution to empower the Governor to call out the
Militia, and asked to be discharged from its further considera¬
tion.
Also, a resolution concerning the coast defense, and reported
a resolution on the subject, which was read tire first time and
passed.
Also, a bill concerning the registration of Troops, and re¬
commended its passage, with certain amendments proposed
by the committee.
Also, a 1 esolution to pay bounty money to Soldiers, and
with amendments recommended its passage.
Also, a resolution instructing Chief of Ordnance to supply
arms for the 2nd Regiment North Carolina Volunteers, and
recommended its passage with amendments.
Also, a resolution in favor of enlisted soldiers, and recom¬
mended its passage.
Also, a resolution to collect and repair arms, and recom¬
mended its passage.
Also, a resolution concerning Camps of Instruction, and
recommend its passage.
Mr. Worth, from the Committee on Finance, reported back
the resolution instructing the Committee on Finance to report
a bill to protect debtors and to prevent the sacrifice of proper¬
ty, and to increase the taxes of Note Shavers, and stated that
said persons had been taxed as high as expedient in the gen¬
eral revenue bill.
Mr. Brown introduced a bill to extend the time for the
76
SENATE JOURNAL: [2d Ex. Ses.
subscription of stock to the Milton and Yancevville Junction
Railroad, which was read the first time and passed.
Mr Thomas, of Jackson, a bill to amend an act of 1860
and '61, chapter 66, which was read and referred to the Com¬
mittee on Banks.
Mr. Dockery, a bill to enable J. T. Bostick, Sheriff of Rich¬
mond county, to collect arrears of taxes, which was read the
first time and passed.
Mr. Winstead, a bill to amend an act to incorporate the
Bank of Roxboro', which was read the first time and referred
to the Committee on Banks.
Mr. Adams, a bill to amend the first section of an act en¬
titled an act to incorporate the Greensboro' and Leaksville
Railroad Company, which was read first time and referred to
the Committee on Internal Improvements.
Mr. Ramsay, a bill to purchase horses for Capt. B. R.
Moore's Cavalry Company, which was read and referred to
the Committee on Military Affairs.
Mr. Hall, the bill to authorize tbe issue of due bills by the
town of Wilmington which was read the first time and re*
ferred to the Committee on Finance.
The resolution concerning the Qartermaster and Paymas*
ter's Department, was taken up and referred to the Commit*
on Military Affairs.
Received a message from the House transmitting the follow¬
ing engrossed bills, which were read and acted on as follows,
to wit:
A bill to legalize and confirm certain acts of the County
Courts, which was read first time and referred to the Com¬
mittee on Finance.
A bill to repeal the 1.6th sep. 65th chapter Revised Code,
which was read first time and referred to the Committee on
the Judiciary.
A bill to divide the State into twelve Electorial Districts,
which was read the first time and passed.
A resolution concerning pay of Soldiers, which was read
first time and passed.
1&61.} SENATE JOURNAL. 7T
Received a message from the House transmitting a resolu¬
tion in favor of the State Printer, which was read first time,
A bill to discontinue the ferry on the Chowan River, which
was read first time and passed.
Mr. Worth, from the Committee on Finance, introduced a
bill entitled Revenue, which was ordered to be printed.
On motion of Mr. Hall, the resolution appropriating the
sum of five hundred thousand dollars or so much thereof as
may be necessaiy to complete defences upon the sea coast, was
taken up and read the second time ; whereupon, explanation
being made that a bill for the same purpose was now pending
before the General Assembly,
Mr. Hall moved to lay said resolution on the table, which
motion was decided in the affirmative.
On motion of Mr. Burton, the resolution instructing Chief
of Ordnance to supply arms to the 2nd Regiment North
Carolina Volunteers, was taken up, and Mr. Hall moved to
amend as follows to-wit:
Provided, The provisions of this resolution shall not be ex¬
tended to arming companies or individual soldiers, who have
joined, or have been recruited into the 2nd Regiment, other¬
wise than in accordance with the rules and regulations adopt¬
ed by the Military authorities of the State of North Carolina.
The amendment did not prevail.
Mr. Ramsay moved that the resolution be informally passed
over, which motion prevailed.
The bill to alter the rules of evidence as applicable to the?
Indians, was read the second time and amended as recom¬
mended by the committee and passed.
The bill to provide for the manufacture of gun powder,
in the county of Mecklenburg, was read the second time and
amended as recommended by the Committee and passed.
And under a suspension of the rules, the said bill was read
the third time, amended, by motion of Mr. Bledsoe, to strike
out the words ''ten per cent," passed and was ordered to be
transmitted to the House for concurrence.
78
SENATE JOURNAL. [2nd. Ex. Ses.
and under the suspension of the rules said resolution was read
second and third times, passed and was ordered to he enrolled.
Mr. Ramsay introduced a resolution calling upon the Gov¬
ernor for information in regard to fortifications on the eastern
coast of North Carolina ; and,
Mr. Worfeh offered an additional resolution in regard to
North Carolina Troops in Virginia, which resolutions were
adopted.
The bill to repeal an act forbidding the General Assembly
to tax State bonds hereafter to be issued, was read second
time, and, 1
On motion by Mr. Thomas, of Jackson, was laid upon the
table.
The bill concerning future requisitions of troops, was read
second time, and under a suspension of the rules the bill was
read the third time, amended as recommended by the com¬
mittee, and
Mr. Candler moved to amend by inserting in the place of
"district," the word "families." The amendment did not
prevail.
The question now recurred upon the passage of the bill
the third time, and was decided in the affirmative, and was
ordered to be engrossed..
Mr. Waugh moved to adjourn until 10 o'clock to-morrow.
Mr. Brown moved to amend by adjourning until 4 o'clofek
to-day. The question was first upon the longest time, and
was decided in the affirmative.
So the Senate adjourned until 10 o'clock to-morrow.
The Speaker announced that Messrs. Brown and Dowd,
would constitute the Senate branch of the committee to in¬
vestigate the business before the Legislature and report when
the same can adjourn.
Messrs. Ferebee and Bridges were also announced as con¬
stituting the House branch of said committee.
1861.]
SENATE JOURNAL.
79
THURSDAY, September 5th, 1861.
The Senate met at the usual hour. Prayer by the Rev.
Mr. Atkinson.
The Journal was read and approved.
Mr. Hall, from the Committee on the Judiciary, reported
back the resolution concerning alien enemies, and recom¬
mended its passage.
Also, a bill to amend Chapter 109 of the Revised Code,
entitled Wills And Testaments, and recommended its passage.
Also, a bill to provide for the collection of insolvent taxes,
and recommended that said bill do not pass.
Also, a bill in favor of A. B. Long, Sheriff of Rutherford
county, and recommended its passage.
Also, a bill for the relief and protection of the North Caro¬
lina Qherokees, and recommended that said bill do not pass.
Also, a bill to take the sense of the people upon the pro¬
priety of the re-assembling of the Convention, and recom¬
mended that said bill do not pass.
Also, a bill to repeal the 16th section of the 65th chapter,
Revised Code, and recommended its passage. Under a sus¬
pension of the rules, said bill was read the second and third
times, amended by adding an additional section, passed, and
ordered to be sent to the House for concurrence.
Also, a bill to repeal the stay law, and recommended that
said bill do pass.
Also, a bill to amend an act of 1783, and recommended
that said bill do not pass.
Mr. Brown, from the Committee on Banks, reported back
the bill to amend the charter of the Bank of Roxboro', and
recommended its passage.
Mr. Thomas, of Jackson, from the Committee on Internal
Improvements, reported back the bill to incorporate the
Charlotte and North Carolina Railroad, and, with amend¬
ments, recommended its passage.
Also, a resolution directing the issue of coupon bonds for
the benefit of the North Carolina Railroad, and asked to be
80
SENATE JOURNAL. [2nd. Ex. Ses.
discharged from its further consideration, as a similar bill
bad passed the General Assembly ; and the committee was so
discharged.
Also, a bill to amend the first section of an act entitled an
act to incorporate the Greensboro' and Leaksville Railroad,
with amendment, and recommended its passage.
Mr. Worth, from the Committee on Finance, reported back
■ a resolution for the issue of State bonds, and recommended
that, in the opinion of the committee, the passage of the
resolution was inexpedient.
Also, a bill to legalize and confirm certain acts of county
courts, and recommended its passage.
Also, sundry resolutions instructing the Committee on Fi¬
nance to report a bill for the defense of the State ; and re¬
ported a bill to provide ways and means for the defense of
^ke State, which was read the first time and passed.
Also, a resolution instructing the committee to inquire into
the expediency of making provision to pay, by the 1st of
April next, the State's quota of direct tax, and reported that,
in the opinion of the committee, such a bill would be inex¬
pedient.
Also, a bill to authorize the issue of due bills by the town
of Wilmington, and recommended that said bill do not pass.
Mr. Candler introduced a bill relative to District No. 40,
in the county of Burke, which was read the first time and
passed."
Mr. Burton, a bill to repeal the Otli section of the 33d
chapter Revised Code, which was read the first time, and re¬
ferred to the Committee on the Judicary.
On motion by Mr. Waugh, a message was sent to the
House, proposing to go into an election of two Confederate
States Senators, at 11 o'clock to-morrow.
Mr. Waugh moved that the rules be suspended, and to
take up the bill to take the sense of the people upon the pro¬
priety of the re-assembling of the Convention, and upon this
question the yeas and nays were demanded.
1861.]
SENATE JOURNAL.
81
Those who voted in the affirmative are :
Messrs. Dickson, Dockery, Eure, Faison, Harris of Frank¬
lin, Harriss of Chatham, Pitchford, Taylor of Brunswick,
Waugh, Whitaker and Winstead—11.
Those who voted in the negative are :
Messrs. Adams, Arendell, Burton, Brown, Bledsoe, Bar-
ringer, Candler, Copeland, Dowd, Gaither, Humphrey, Out¬
law, Ramsay, Shaw, Simpson, Speight, Street, Slaughter,
Taylor of Granville, Thomas of Jackson, Thomas of David¬
son, Turner, Walker, Watson and Worth—25.
So the Senate refused to take up the bill.
Received a message from the House transmitting sundry
appointments for Justices of the Peace, which was concurred
in.
On motion by Mr. Walker, the bill to pay North Carolina
Cadets was taken up, and Mr. Thomas of Jackson moved to
amend as follows, to wit: "Provided, however, that the com¬
pensation allowed to the cadets as drill masters, shall only
embrace the time that the Cadets assisted in the capacity of
drill masters," and upon this question demanded the yeas
and nays.
Those who voted in the affirmative are :
Messrs. Adams, Arendell, Barringer, Candler, Dickson,
Dockery, Dowd, Faison, Harris of FranHin, Outlaw, Pitch-
ford, Ramsay, Shaw, Simpson, Speight, Street, Stowe,Stubbs,
Taylor of Brunswick, Thomas of Jackson, Thomas of David¬
son, Watson, Waugh, Winstead, Walkup and Worth—26.
Those who voted in the negative are:
Messrs. Brown, Copeland, Eure, Harris of Franklin, Hum¬
phrey, Slaughter, Taylor of Granville, Turner, Walker and.
Whitaker—10.
r Mr. Thomas now moved the following amendment: " That
payment shall be made upon the certificate of the command¬
ing officer ; " and the amendment was adopted.
Mr.]Candler moved to amend as follows, to wit:
" And that the privates and non-commissioned volunteer®
6
'82
SENATE JOURNAL. [2nd. Ex. Ses.
of the State of North Carolina he paid five dollars per month
from the time they entered into the State or Confederate States'
service, in addition to eleven dollars already provided for
them hy law, so as to make their monthly wages sixteen dol¬
lars per month."
And upon this question the yeas and nays were demanded.
Those who voted in the affirmative are:
Messrs. Arendell, Candler, Faison, Gaither, Slaughter,
Taylor of Brunswick, Turner, "Watson and Winstead—8.
Those who voted in the negative are :
Messrs. Adams, Brown, Barringer, Copeland, Dickson,
Dockery, Dowd, Eure, Hall, Harris of Franklin, Harriss of
Chatham, Humphrey, Outlaw, Pitchford, Ramsay, Shaw,
Simpson, Speight, Street, .Stowe, Stubbs, Taylor of Granville,
Thomas of Davidson, Walker, Whitaker, Walkup and
Worth—27.
The question now recurred upon the amendment by the
committee, and was adopted.
The question then recurred upon the passage of the bill as
amended the second reading, and passed. Under a suspen¬
sion of the rules, the bill was read the second and third times,
and Mr. Turner moved to amend as follows, to wit:
After the words " Military Institute " add : cc the Cadets
of the Hillsboro' Military Academy and all other persons
acting as drill masters."
Mr. Ramsay moved to amend as follows, to wit:
" Also, the Cadets of the Statesville Military School, in the
county of Iredell, who have acted in the capacity of drill
masters."
The amendment by Mr. Ramsay was adopted. And Mr.
Bhaw moved to amend as follows, to wit:
" That the Paymaster refund to the Captain of Company
F, First Regiment North Carolina volunteers, the amount
expended by said company to their drill master, upon the
certificate of the Captain, as to amount of said expenditure j "
and upon this question demanded the yeas and nays.
1861.]
SENATE JOURNAL.
83
Those who voted in the affirmative are:
Messrs. Adams, Arendell, Brown, Candler, Copeland,
Dickson, Dockery, Dowd, Faison, Gaither, Harris of Frank¬
lin, Harriss of Chatham, Humphrey, Ramsay, Shaw, Simp¬
son, Tho.mas of Davidson, Turner, Winstead and Walkup—
20.
Those who voted in the negative are:
Messrs. Barringer, Eure, Hall, Pitchford, Speight, Street, ■
Stowe, Slaughter, Taylor of Granville, Walker, Watson,
Waugh, Whitaker and Worth—14.
So the amendment was adopted.
*The question then recurred upon the amendment hy Mr.
Turner, and was decided in the affirmative.
Mr. Outlaw now offered a substitute for the whole hill and
amendments, which was read and adopted.
The question now recurred upon the passage of the hill as
amended, and was decided in the affirmative, and ordered to
he sent to the House for concurrence.
The bill to amend the Charter of the Cheraw and Coalfield
Railroad was read, and the question was upon the passage of
the bill, as amended by the adoption of a substitute the third
reading.
Pending discussion, Mr. Bledsoe moved to adjourn until
10 o'clock to-morrow, and demanded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Arendell, Bledsoe, Candler, Dickson, Hall, Hum¬
phrey, Outlaw, Pitchford, Ramsay, Shaw, Street, Slaughter,
Taylor of Granville, Thomas of Davidson and Turner—15.
Those who voted in the negative are:
Messrs. Adams, Brown, Barringer, Copeland, Dockey,
Dowd, Eure, Faison, Gaither, Harris of Franklin, Harriss of
Chatham, Simpson, Speight, Stubhs, Taylor of Brunswick,
Thomas of Jackson, Walker, Waugh, Whitaker, Winstead,
Walkup and Worth—21.
Received a message from the House, stating that the House
of Commons have concurred in the proposition to go into the
84
SENATE JOURNAL. [2nd. Ex. Ses.
election of two Confederate States Senators to-morrow at 11
o'clock.
And also, that the Speaker of the House has signed a hill
entitled, " An act to incorporate the North Carolina Powder
Manufacturing Company, in the county of Mecklenburg,"
which is herein transmitted to the Senate for the signature
of the Speaker thereof; whereupon the Speaker signed and
ratified said actfc in the presence of the Senate.
Received a message from the House, stating that the House
had concurred in the Senate's amendment to the hill entitled,
"A Bill to repeal the 16th section 65th chapter Revised
Code."
Mr. Outlaw moved to adjourn until 9 o'clock to-morrow,
and upon this question the yeas and nays were demanded.
Those who voted in the affirmative are:
t
Messrs. Arendell, Bledsoe, Candler, Dickson, Eure, Gaith-
er, Humphrey, Outlaw, Pitchford, Ramsay, Shaw, Speight,
Street, Stowe, Slaughter, Thomas of Davidson, Turner,
Whitaker and Worth,—19.
Those who voted in the negative are:
Messrs. Adams, Brown, Barringer, Copeland, Dockery,
Dowd, Faison, Hall, Harris of Franklin, Harriss of Chatham,
Simpson, Stuhhs, Taylor of Brunswick, Thomas of Jackson,
Walker, Waugh, Winstead and Walkup,—18.
So the Senate adjourned until 9 o'clock to-morrow.
FRIDAY, September 6th, 1861.
The Senate met at the usual hour. The journal was read
and approved.
•Mr. Dickson introduced a resolution to allow the principal
clerks of the two Houses, under the superintendence of the
Speakers of the same, to employ such assistant Engrossing
Clerks as may he necessary for the dispatch of the public
business, which, on motion of Mr. Dockery, was laid upon
the table.
1861.]
SENATE JOURNAL.
85
Mr. Humphrey introduced a bill to give the county of
Onslow Juries, which was read the first time and passed.
Mr. Shaw, a bill to incorporate the Cumberland Invinci-
bles, which was read the first time and passed, and referred
to the committee on Military Affairs.
Mr. Dowd, from the committee to investigate the business
before the General Assembly and report when the same can
adjourn, reported that in the opinion of the committee the
General Assembly might adjourn on Friday next sine die.
Mr. Turner introduced a bill to require the acting Gover¬
nor of the State to take an oath, which was read the first
time and referred to the Committee on the Judiciary.
Mr. Outlaw, a bill to amend the charter of the Wilming¬
ton and Tarboro' Railroad Company, which was read the first
time and referred to the Committee on Internal Improve¬
ments.
Mr. Turner, a bill to punish the trading with the enemy,
which was read the first time and passed ; and,
On motion of Mr. Turner, the rules were suspended, and
the bill was read the second time.
Mr. Lane moved to amend by striking out the words
"pending the war."
Mr. Brown asked and obtained leave of absence for the
Senator from Greene from and after to-day.
Mr. Hall asked and obtained leave of absence for the Sen¬
ator from Cleaveland from and after to-morrow.
The question now recurred upon the passage of the bill as
amended, the second reading, and Mr. Thomas, of Jackson,
moved to refer the bill to the Committee on the Judiciary,
and demanded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Brown, Bledsoe, Copeland, Hall, Humphrey,
Lane, Pitchford, Shaw, Speight, Stowe, Taylor of Brun¬
swick, Thomas of Jackson, Walker, Watson and Whita-
ker—15.
Those who voted in the negative are :
86
SENATE JOURNAL. [2nd. Ex. Ses.
Messrs. Adams, Arendell, Burton, Barringer, Blount,
Candler, Dickson, Dockery, Dowd, Eure, Faison, Gaither,
Grist, Harris of Franklin, Harriss of Chatham, Outlaw,
Simpson, Street, Slaughter, Stuhhs, Taylor of Granville,
Turner, "Waugh, Winstead, Walkup and Worth—26.
So the Senate refused to refer.
Mr. Taylor, of Brunswick, moved to amend as follows to
wit :
Provided, That the provisions of this act do not come in
conflict with any law or law passed hy the Confederate Con¬
gress.
The amendment was adopted.
Mr. Eure now moved to amend hy the adoption of an addi¬
tional section, which was adopted.
With these amendments the hill passed the second read¬
ing ; and under the suspension of the rules said hill was
read the third time, and-Mr. Faison moved to amend as fol¬
lows, to wit: After the word State in section third, add the
words, " or may act as agent for the purchase or collection
of such dehts."
With this amendment the hill passed the third reading
and was ordered to he engrossed.
Mr.. Burton introduced a resolution of inquiry in regard
to the late visit of the Senator from Davidson to the north¬
ern States, which was read and adopted.
Received a message from the House stating that the House
had concurred in the substitute for the hill to pay the Cadets
of North-Carolina, and asked the concurrence of the Senate
in an amendment extending the provisions of the hill to
John Stafford, of Forsythe, which was concurred in.
Mr. Bledsoe introduced a hill to relieve the people during
the progress of the present war, which was read the first
time and ordered to he printed.
Received a message from the House stating that the hour
had arrived to execute the joint order to go into an election
for Confederate States Senators, and that Messrs. Ferehee
1861.]
SENATE JOURNAL.
87
and Batchelor had "been appointed the House branch of the
committee to superintend the election ; whereupon the Speak¬
er announced that Messrs. Winstead and Arendell would
superintend the election on the part of the Senate.
On motion of Mr. Brown the name of Wm. Eaton was
added to the nomination, whereupon the Senate voted as fol¬
lows, to wit:
For Mr. Outlaw: Messrs. Adams, Arendell, Brown, Can¬
dler, Dockery, Dowd, Eure, Gaither, Grist, Ramsay, Simp¬
son, Slaughter, Stubbs, Taylor of Granville, Thomas of
Davidson, Winstead and "VValkup,—17.
For Mr. Avery: Messrs. Speaker, Burton, Barringer,
Gaither, Hall, Harris of Franklin, Humphrey, Lane, Shaw,
Street, Stowe and Taylor of Brunswick,—12.
For Mr. Bragg: Messrs. Bledsoe, Dickson, Speight,
Thomas of Jackson, Thomas of Davidson, Walker, Wat¬
son, Waugh, Whitaker and Winstead,—10.
For Mr. Clingman : Messrs. Candler, Copeland, Dickson,
Speight, Taylor of Granville, Thomas of Jackson, Walker,
Watson and Waugh,—0.
For Mr. Eaton : Messrs. Arendell, Brown, Bledsoe, Pitch-
ford, Ramsay, Stubbs, Walkup and Worth,—8. '
For Mr. Person : Messrs. Dowd, Hall, Harriss of Chat¬
ham, Humphrey, Shaw and Stowe,—6.
For Mr. Davis: Messrs. Speaker, Barringer, Blount,
Pitchford, Street and Taylor of Brunswick,—6.
For Mr. Reid : Messrs. Adams, Grist, Simpson, Slaugh¬
ter and Whitaker,—5.
For Mr. Graham : Messrs. Blount, Dockery, Turner and
Worth,—4.
For Mr. Dortch : Messrs. Burton, Faison, Harris of
Franklin and Lane,—4.
For Mr. Morehead : Messrs. Eure and Harriss of Chat¬
ham,—2.
For R. S. Donnell: Mr. Outlaw,—1.
For Bedford Brown : Mr. Outlaw,—1.
88
SENATE JOURNAL. [2nd. Ex. Ses.
For Mr. Erwin : Mr. Faison,—1.
For Mr. Badger: Mr. Turner,—1.
The unfinished business was the passage of the bill to
amend the charter of the Coalfield Railroad, which, was
passed and ordered to be engrossed.
Those who voted in the affirmative are :
Messrs. Adams, Brown, Bledsoe, Barringer, Candler,
Copeland, Dockery, Dowd, Eure, Faison, Gaither, Grist,
Harris of Franklin, Harriss of Chatham, Outlaw, Pitch-
ford, Ramsay, Shaw, Simpson, Street, Slaughter, Taylor of
Granville, Turner, Walker, Watson, Winstead, Walkup
and Worth,—28.
Those who voted in the negative are :
Messrs. Blount, Dickson, Hall, Humphrey, Lane, Speight,
Stowe and Taylor of Brunswick,—9.
So the bill passed the third reading, and was ordered to be
engrossed.
The bill to establish a ferry on the Hiawasse river was
read the third time and passed, and ordered to be enrolled.
Also, a bill to issue bonds by the Courts of Pleas and
Quarter Sessions, was read the third time, passed, and was
ordered to be enrolled.
Also, a bill giving to Transylvania and Mitchell counties
a Supreme Court, was read the third time, passed, and was
ordered to engrossed.
Also, a bill concerning the Sheriff of Watauga, was read
the third time and passed, and was ordered to be enrolled.
Mr. Arendell, from the committee to superintend the elec¬
tion of Confederate States Senators, reported as follows, to
wit:
The committee appointed to superintend the election of
two Senators to the Congress of the Confederate States, re¬
port that the whole number of votes cast was one hundred
and forty, of which the following named persons received
votes as follows:
For Hon. T. L. Clingraan, 38; Hon. S. J. Person, 35;
1861.].
SENATE JOURNAL.
89
D. Outlaw, 35; W. W. Avery, 33; T. Bragg, 26; Wm.
Eaton, 10 ; W. A. Graham, 25 ; W. T. Dortch, 31; R. P.
Dick, 6; George Davis, 18 ; D. S. Reid* 10; George E.
Badger, 1; W. S. Ashe, 2 ; J. M. Morehead, 2 ; M. W.
Erwin, 1; B, Brown, 1 ; R. S. Donnell, 1 ; D. D. Ferebee,
1; C. P. Mendenhall, 1; J. F. Poindexter, 1 ; J. W. Oshorne,
1 ; S. P. Hill, 1; necessary to a choice, 71.
There is no election.-
M. F. ARENDELL, for Committee.
Received a message from the House stating that the House
had passed the accompanying engrossed bill entitled a bill
to provide for the coast defense, which was read the first
time, passed, and, on motion, the rules were suspended, and
the bill was read the second and third times.
Mr. Candler moved to strike out the words " sea coast."
Mr. Bledsoe moved to amend the amendment as follows :
Strike out the word "one" and insert "two millions of
dollars" after the word costs ; and pending discussion,
Received a message from the House proposing to go forth¬
with into an election of two Confederate States Senators,
which, on motion by Mr. Turner, was laid upon the table.
Also, another message proposing to go forthwith into an
election of two Confederate States Senators. The proposi¬
tion was concurred in, whereupon the Senate proceeded to
vote, under the superintendence of Messrs. Winstead and
Arendell, as follows, to wit:
For Mr. Outlaw : Messrs. Adams, Arendell, Brown, Can¬
dler, Dockery, Dowd, Eure, Gaither, Grist, Simpson,
Slaughter, Stubbs, Thomas of Davidson and Waugh,—14.
For Mr. Avery : Messrs.. Speaker, Burton, Barringer,
Gaither, Hall, Harris of Franklin, Humphrey, Lane, Shaw,
Speight, Street, Stowe, Taylor of Brunswick and Wat¬
son,—14.
For Mr. Bragg : Messrs. Adams, Arendell, Bledsoe, Cope-
land, Dickson, Harriss of Chatham, Thomas of Jackson,
90
SENATE JOURNAL. [2nd. Ex. Ses.
Thomas of Davidson, "Walker, Whitaker and Winstead,—11.
For Mr. Davis : Messrs. Speaker, Barringer, Blount,
Lane, Pitchford, Speight, Street, Taylor of Granville, Tay¬
lor of Brunswick, Watson and Walkup,—11.
For Mr. Clingman : Messrs. Candler, Copelaad, Dickson,
Taylor of Granville, Thomas of Jackson, Walker and
Waugh,—7.
For Mr. Eaton : Messrs. Brown, Bledsoe, Eure, Pitch-
ford, Ramsay, Slaughter, Stubbs, Whitaker and Worth,—9.
For Mr. Person : Messrs. Dowd, Hall, Humphrey, Shaw
and Stowe,—5.
For Mr. Graham : Messrs. Blount, Dockery, Ramsay,
Turner and Worth,—5.
For Mr. Dortch : Messrs. Burton, Faison, Harris of
Franklin and Walkup,—4.
For Mr. Brown : Messrs. Turner and Winstead,—2.
For Mr. Reid : Messrs. Grist and Simpson,—2.
For Mr. Morehead: Mr. Harriss of Chatham,—1.
For Mr. Clark: Mr. Faison,—1.
Received a message fronj the House transmitting an en¬
grossed bill from the House, and stating that the House had
passed said engrossed bill,.entitled a bill to provide arms for
the independent North-Carolina Regiment, with an accom¬
panying amendment, which was concurred in, and said bill
was ordered to be enrolled.
The Speaker announced that Messrs. Turner, Burton and
Stubbs would constitute the committee to investigate the case
of the Senator from Davidson. Mr. Turner asked to be ex¬
cused from serving on said committee, and was, on motion,
excused. Mr. Burton also asked, and was excused. Mr.
Stubbs also asked, and was excused.
Mr. Waugh now moved to reconsider the vote by which
the resolution was adopted, which motion did not prevail;
whereupon the Speaker again appointed on said committee
Messrs. Hall, Brown and Eure.
1861.]
SENATE JOURNAL.
91
On motion "by Mr. Brown, tlie Senate adjourned until half
past three o'clock to-day.
Three-and-a-half o'clock, P. M.
The Speaker announced that the question wrs upon the
amendment hy Mr. Bledsoe to the amendment hy Mr. Can¬
dler, to the hill to provide for the coast defences ; and upon
this question Mr. Bledsoe demanded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Arendell, Bledsoe, Barringer, fDowd, Eure, Fai-
son, Hall, Harris of Franklin, Harriss of Chatham, Hum¬
phrey, Lane, Pitchford, Shaw, Simpson, Street, Stowe,
Stuhhs, Taylor of Brunswick, Thomas of Jackson, Turner,
Watson and Winstead—22.
Those who voted in the negative p,re :
Messrs. Adams, Brown, Blount, Candler, Dickson, Dock-
ery, Gaither, Grist, Outlaw, Ramsay, Taylor of Granville,
Waugh, Walkup and Worth—14.
Mr. Arendell, from the committee to superintend the elec¬
tion of Confederate States Senators, reported as follows, to
wit:
The committee appointed to superintend the election of
two Confederate States Senators, report as follows : The
whole number of votes cast, one hundred and forty-eight;
necessary to a choice, seventy-five ; Hon. W. T. Dortch,
43 ; Hon. S. J. Person, 35 ; Hon. W. A. Graham, 35 ; Hon.
W. W. Avery, 36 ; Hon. T. L. Clingman, 33 ; Hon. Thos.
Bragg, 26 ; Hon. George Davis, 24 ; Hon. David Outlaw,
2l; Wm. Eaton, 7; David S. Reid, 5 ; J. M. Morehead, 2 ;
Bedford Brown, 2 ; J. F. Poindexter, 2 ; E. G. Reade, 2 ;
R. P. Dick, 1 ; W. S. Ashe, 1; R. C. Puryear, 1 ; Henry
T. Clark, 1. No one having received a majority of the votes
cast, there is no election.
M. F. ARENDELL, for Committee.
92
SENATE JOURNAL. [2nd. Ex. Ses.
Mr. Humphrey moved that a message be sent to the House
proposing to go forthwith into an election of two Confederate
States Senators at 4 o'clock.
On motion by Mr. Turner, the motion by Mr. Humphrey
was laid upon the table.
The question again recurred upon the amendment by Mr.
Candler to the bill providing for the coast defence, and Mr.
Turner moved to amend as follows, to wit: Provided, That
no portion of said amount shall be used or expended until
President Davis and his cabinet, having been applied to by
the Governor of North-Carolina, shall fail and refuse forth¬
with to begin all works necessary for our effectual defence.
Pending discussion, a message was received from the House
proposing to go forthwith into an election of two Confede¬
rate States Senators, and that the House continue to ballot
until an election is effected.
On motion by Mr. Turner, the message was laid upon the
table.
The question again recurred upon the amendment by Mr.
Turner to the bill to provide lor the coast defence, and Mr.
Gaither moved that the bill and amendment be referred to a
select committee of five, whose duty it shall be to report
upon what defences are necessary, and what amount of money
is necessary to be appropriated for the purposes.
Upon the question to refer, Mr. Bledsoe demanded the
yeas and nays.
Pending, vote a message was received from the House pro-
posi ig to go forthwith into an election of two Confederate
States Senators, and Mr. Turner moved that the message be
laid upon the table ; and upon this question Mr. Bledsoe de¬
manded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Adams, Arendell, Brown, Bledsoe, Blount, Cope-
land, Dickson, Dockery, Dowd, Eure, Gaither, Grist, Hall,
Outlaw, Ramsay, Simpson, Slaughter, Stubbs, Taylor of
1881.]
SENATE JOURNAL.
3
9
Granville, Thomas of Jackson, Turner, Whitaker, Win¬
stead, Walkup and Worth—26.
Those who voted in the negative are :
Messrs. Barringer, Dobson, Faison, Harris of Franklin,
Harriss of -Chatham, Humphrey, Lane, Pitchford, Shaw,
Street, Stowe, Taylor of Brunswick and Waugh—13.
So the message was laid upon the table.
The question again recurred upon the motion to refer and
the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Adams, Arendell, Candler, Dobson, Dockery,
Gaither, Harriss of Chatham, Outlaw, Ramsay, Simpson,
Slaughter, Stubbs, Taylor of Granville, Thomas of Jackson,
Turner, Watson, Waugh and Worth—18.
Those who voted in the negative are :
Messrs. Burton, Brown, Bledsoe, Barringer, Blount, Cope-
land, Dickson, Dowd, Eure, Faison, Hall, Harris of Frank¬
lin, Humphrey, Lane, Pitchford, Shaw, Street, Stowe,
Taylor of Brunswick, Whitaker, Winstead and Walkup—22.
So the Senate refused to refer.
The question now recurred upon the amendment by Mr.
Turner, and Mr. Bledsoe demanded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Adams, Arendell, Bledsoe, Blount, Candler, Dob-
son, Dockery, Dowd, Gaither, Harriss of Chatham, Outlaw,
Pitchford, Ramsay, Shaw, Simpson, Stubbs, Taylor of Gran¬
ville, Turner, Watson, Waugh, Whitaker, Winstead,
Walkup and Worth—24.
Those who voted in the negative are :
Messrs^ Burton, Brown, Barringer, Dickson, Eure, Faison,
Hall, Harris of Franklin, Humphrey, Lane, Street, Stowe
and T ylor of Brunswick—14.
So the amendment was adopted.
The question now recurred upon the passage of the bill as
amended.
Those who voted in the affirmative are :
94
SENATE JOURNAL. [2nd. Ex. Ses.
Messrs. Arendell, Bledsoe, Barringer, Blount, Candler,
Copeland, Dickson, Dowd, Eure, Faison, Gaither, Grist,
Hall, Harris of Franklin, Harriss of Chatham, Humphrey,
Lane, Outlaw, Pitchtord, Ramsay, Shaw, Simpson, Street,
Stowe, Slaughter, Stubbs, Taylor of Brunswick, Thomas of
Jackson, Turner, Waugh, Whitaker, Winstead, Walkup
and Worth—34.
Those who voted in the negatn e are :
Messrs. Adams, Brown, Dobson, Dockery and Taylor of
Granville—5.
So the bill passed the second time.
Under a suspension of the rules said bill was read the
third time ; and Mr. Brown'moved to amend by striking out
the words 1' two million'' and insert the words '' one million,"
and upon this question Mr. Brown demanded the yeas and
nays.
Those who voted in the affirmative are :
Messrs. Adams, Brown, Blount, Candler, Dobson, Dock¬
ery, Gaither, Grist, Harriss of Chatham, Outlaw, Ramsay,
Shaw, Simpson, Slaughter, Taylor of Granville, Waugh,
Walkup and Worth—18.
Those who voted in the negative are :
Messrs. Arendell, Bledsoe, Barringer, Copeland, Dickson,
Dowd, Eure, Faison, Hall, Harris of Franklin, Humphrey,
Lane, Pitchford, Street, Stowe, Stubbs, Taylor of Bruns¬
wick, Thomas of Jackson, Turner, Whitaker and Win-
stead—21.
So the amendment did not prevail.
Those who voted in the affirmative are :
Messrs. Adams, Arendell, Brown, Bledsoe, Barringer,
Blount, Candler, Copeland, Dickson, Dobson, Dockery,
Dowd, Eure, Faison, Gaither, Grist, Hall, Harris of Frank¬
lin, Harriss of Chatham, Humphrey, Lane, Outlaw, Pitch-
ford, Ramsay, Shaw, Simpson, Street, Stowe, Slaughter,
Stubbs, Taylor of Granville, Taylor of Brunswick, Thomas
1861.]
SENATE JOURNAL.
95
of Jackson, Turner,'Waugh, Whitaker, Winstead, Walkup
and "Worth—42.
There being no votes cast in the negative, the hill passed
the third reading, and was ordered to he sent to the House
for concurrence.
On motion, the Senate adjourned until 9 o'clock to-morrow.
SATURDAY, September 7th, 1861.
The Senate met at 9 o'clock. The Journal was read and
approved.
On motion by Mr. Humphrey the bill to provide for the
coast defences was amended as follows : change the title of
the bill as to read " a bill to provide for the coast and fron¬
tier defences."
Mr. Barringer introduced a resolution in favor of R. C.
Donnell, which was read the first time and referred to the
Committee on Claims.
Mr. Brown, from the Committee on Banks, reported back
the bill to amend the act of I860-'61, and recommended
that said bill do not pass.
Mr. Simpson moved that a message be sent to the House
proposing that both houses adjourn on Friday next, 6 o'clock
A. M., and upon this question Mr. Brown demanded the yeas
and nays.
Those who voted in the affirmative are :
Messrs. Brown, Barringer^ Blount, Dobson, Dowd, Eure,
Gaither, Harriss of Franklin, Ramsay, Simpson, Street,
Slaughter, Stubbs, Taylor of Granville, Taylor of Brunswick,
Watson, Waugh, Winstead and Worth,—19.
Those who voted in the negative are:
Messrs. Adams, Arendell, Bledsoe, Candler, Copeland,
Dickson, Dockery, Faison, Grist, Humphrey, Lane, Outlaw,
Ritchford, Shaw, Stowe and Whitaker,—16,
So the motion was adopted.
96
SENATE JOURNAL. [2nd. Ex. Sjh.
The Speaker announced that Messrs. Dobson, Barringer
and Eure, would constitute the Committee of Investigation
as to the case of the Senator from Davidson.
On motion by Mr. Ramsay,
Resolved, That the Committee on Propositions and Griev¬
ances be instructed to inquire why it is that the public printer
has not furnished the laws of the regular and special session
of the General Assembly to its members, and to those enti¬
tled to receive them, and to report whether or not any blame
attached to any one in this matter, and whether any legisla¬
tion is necessary on this subject.
On motion it was ordered that a message be sent to the
House, proposing to recommit the enrolled bill, reported by
message to the Senate, entitled an act to amend the Charter
of the Farmers Bank of North Carolina; and amend said bill
by inserting after the word " amend" in said bill the words
"the Charter of," and also amend the bill entitled a bill to
supply the wants of the volunteers of Edgecombe and Rich¬
mond Counties, and amend said bill as follows, to-wit: an act
to allow the County Courts of Edgecombe and Richmond to
lay a tax for their volunteers.
Mr. Faison introduced a resolution proposing that no leave
of absence be granted to any Senator upon this floor, which
was referred to the Committee on Military Affairs.
On motion by Mr. Outlaw,
Whereas, The General Assembly has appropriated two
.millions of dollars to be expended in the defence of the sea
coast and the borders of North Carolina :
jBe it resolved, That the Committee on Finance be instruct¬
ed to provide a bill either by loan or taxation or otherwise
to the amendment necessary to meet said appropriation.
Mr. Humphrey moved that a message be sent to the House
proposing to go into the election of two Confederate States
Senators at 11 o'clock to-day. The motion did not prevail.
The Speaker announced a communication from his Excel¬
lency, the Governor, in regard to the fortifications around
the State.
1861.]
SENATE JOURNAL.
97
On motion, by Mr. Outlaw, the Senate went into secret
session, and said communication was read; and,
On motion, by Mr. Pitchford, said document was returned
to the Executive Office.
Mr. Pitchford now moved that the Senate proceed to busi¬
ness in open session and the motion was agreed to.
The revenue bill was now read the first time and passed.
No objection being made, said bill was read the second time,
passed, and made the special order for Monday next, at 10
o'clock.
Received a message from the House stating that the Speak¬
er of the House has signed the following enrolled bills :
An act to repeal the 16th section 65th chapter, Revised Code.
An act to amend the Farmer's Bank of North Carolina.
An act to amend an act to incorporate the Madison Sav¬
ings Bank.
An act to supply the wants of,the volunteers of Edgecombe
and Richmond Counties.
A resolution in favor of Daniel Willis and David Lewis.
Resolution in regard to the Volunteer Service.
Resolution in favor of the State Printer.
Resolution in favor of J. Buxton.
An act to amend an act incorporating the town of Franklin.
An act to provide arms for the Independent Regiment of
North Carolinians.
Whereupon the Speaker proceeded to sign and ratify the
same in the presence of the Senate.
Mr. Gaither introduced a resolution in favor of the Hon.
Henry T. Clark, which was read the first time and passed.
• There being no objection said resolution was read second
and third times, passed, and was ordered to be engrossed.
Mr. Barringer introduced a resolution in favor of certain
Officers, which was read the first time, and was referred to
the Committee on Military Affairs.
Mr. Ramsay moved that the rules be suspended to take up
the bill to purchase horses for Capt. Moore's Cavalry.
7
98
SENATE JOURNAL. [2nd. Ex. Ses.
The motion did not prevail.
Mr. Faison introduced a bill to increase the pay of Privates
and non-commissioned Officers, which was read the first time
and referred to the Committee on Military Affairs.
Received a message from the House, stating that the House
had concurred in the amendment of the Senate to the bill to
provide for the coast defense.
Mr. Thomas, of Jackson, moved that the rules be sus¬
pended, and that the resolution in favor of the officers and
men captured at Hatteras be taken up, and read the second
and third time, and upon this question the yeas any nays
were demanded.
Those who voted in the affirmative are :
Messrs. Adams, Arendell, Brown, Bledsoe, Barringer,
Blount, Candler, Copeland, Dickson, Dobson, Dowd, Eure,
Faison, Gaither, Grist, Harris of Franklin, Humphrey,
Lane, Outlaw, Pitchford, Ramsay, Shaw, Simpson, Street,
Slaughter, Stubbs, Taylor of Brunswick, Thomas of Jackson,
Waugh and Winstead,—35.
Those who voted in the negative are:
Messrs. Dockery, Stowe, Watson, Whitaker and Worth,—5.
So the rules were suspended, and the bill was read the
second time, and
Mr. Worth moved to refer to the Committee on Military
Affairs.
The question to refer was now withdrawn, and
Mr. Outlaw offered a substitute for said resolution, which
was adopted.
The question then recurred upon the passage of the bill as
amended the second reading, and was decided in the affirma¬
tive.
The question then recurred upon the third reading, under
a suspension of the rules, and Mr. Faison moved to amend
as follows, to wit: "Not only at the time of their capture,
but during the time they are held as prisoners of war."
The amondment did not prevail.
1861.] SENATE JOURNAL.
99
Mr. Candler now moved that the resolution be amended
by adding after the word " mothers " the words "or next of
kin." The amendment did not prevail.
Mr. Bledsoe now moved to amend as follows: add the words,
"due from North Carolina," which amendment was'adopted.
Mr. Taylor, of Brunswick, moved to make the following
amendment, "and that he be authorized to employ a mes¬
senger to carry out the provisions of this resolution," which
was adopted.
Mr. Gaither now moved to refer the resolution and amend¬
ments to the Committee on Military Affairs.
Received a message from the House, stating that the House
had concurred in the proposition of the Senate, to recommit
the enrolled bills, entitled, a bill to amend the charter of the
Farmer's Bank of North Carolina, and a bill to provide for
the soldiers of Edgecombe and Richmond counties.
Mr. Faison moved that a messenger be sent to the House,
proposing to go forthwith into an election of two Confederate
States Senators ; and Mr. Stubbs moved that the motion be
laid upon the table; whereupon, Mr. Faison demanded the
yeas and nays.
Those who voted in the affirmative are:
Messrs. Adams, Arendell, Brown, Barringer, Blount, Can¬
dler, Copeland, Dickson, Dockery, Dowd, Eure, Gaither,
Grist, Outlaw, Simpson, Street, Slaughter, Stubbs, Taylor
of Brunswick, Thomas of Jackson, and Waugh,—22.
Those who voted in the negative are :
Messrs. Bledsoe, Dobson, Faison, Harris of Eranklin,
Humphrey, Lane, Pitchford, Ramsay, Stowe, Watson, Whit-
aker and Winstead,—12.
So the motion was laid upon the table.
Received a message from the House transmitting the fol¬
lowing engrossed bills, &c., which were read and acted upon as
follows, to wit:
A resolution in favor of officers and soldiers, which was
read the first time and referred to the Committee on Finance.
100
SENATE JOURNAL. [2nd Ex. Sis.
A bill to authorize free negroes to go into volunteer servi¬
tude, which was read the first time and referred to the Com¬
mittee on the Judiciary.
A resolution in favor of North Carolina soldiers, which
was read the first time and passed.
A bill to amend 96th chapter Revised Code, which was
read first time and passed.
A resolution in favor of W. J. Lougee, which was read
first time and passed.
A bill to incorporate the Flynt Hill Mining Company,
which was read first time and passed.
The resolution to mate it the duty of the Governor to direct
the Treasurer to issue Coupon bonds of the State for $220,000
was read the first time, passed, and was ordered to be enrolled.
Also, the bill to prevent the sale of spiritous liquors within
two miles of Lenoir Institute, was read the third time, passed
and was ordered to be enrolled.
Also, the bill to alter the rules of evidence as applicable to
the Indians, was read the third time, passed and was ordered
to be engrossed.
Also, a bill for the relief of certain Banks, was read the
third time, passed and was ordered to be engrossed.
Mr. Ramsay moved to amend the title of said bill by
striking out the words "and people," which amendment
prevailed.
Also, a bill to alter the pay of witnesses in the county of
Columbus, was read the third time, passed and was ordered
to be enrolled.
Also, a bill to prevent the felling of timer in the waters of
Lisle's Creek, in the county of Catawba, was read the third
time, passed and was ordered to be enrolled.
Also, a resolution directing how the several regiments of
troops raised in the State shall be numbered, was read the
third time, passed and was ordered to be enrolled.
Also, the bill to prevent the payment of debts due alien
enemies, was read the third time, and amended by the adop-
1861.]
SENATE JOURNAL.
101
tion of an additional section, passed and was ordered to be
engrossed.
The following bills and resolutions were now read under
the suspension of the rules the second and third times, and
acted on as follows, to wit:
A resolution in favor of A. B. Long,'Sheriff of Rutherford
county.
Mr. Dockery moved that the provisions of the hill be ex¬
tended to J. T. Bostick, Sheriff of Richmond county, which
was agreed to; also the provisions of the bill were extened to
A. 0. Latham, Sheriff of Washington county.
Mr. Waugh moved that the provisions of,the bill shall not
extend to taxes due more than two years, and uppn this ques¬
tion Mr. Waugh demanded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Copeland, Dobson, Pitchford, Slaughter and
Waugh,—5.
Those Who voted in the negative are:
Messrs. Adams, Arendell, Brown, Barringer, Blount, Can¬
dler, Dockery, Dowd, Eure, Faison, Gaither, Harriss of
Franklin, Humphrey, Outlaw, Ramsay, Simpson, Street,
Stowe, Taylor of Brunswick, Whitaker, Winstead and
Worth,—22.
So the amendment did not prevail.
The question then recurred upon the passage of the resolu¬
tion as amended: passed and was ordered to be engrossed.
Mr. Bledsoe gave notice that on Monday next he would
move to change the rules of the Senate.
The bill to enable J. T. Bostick to collect arrears of taxes,
was read the third time and laid upon the table.
The bill to incorporate the town of Smithfield, was read
the second and third times, passed and was ordered to be
enrolled.
Mr. Outlaw gave notice that on Monday next he would
move for an amendment of the joint rules of the Senate.
The bill to discontinue the ferry over Chowan River, was
102
SENATE JOURNAL. [2nd. Ex. Ses.
read the second and third times, passed and was ordered to
he enrolled.
The bill in relation to the School District No. 40, in the
county of Burke, was read the second and third times, passed
and was ordered to he engrossed.
Received a message from the House transmitting sundry
appointments for Justices of the Peace, which was agreed to.
On motion by Mr. Outlaw, the recommendation from the
county of Onslow, was laid upon the table.
Mr. Waugh gave notice that he would on Monday next
move to change the rules.
On motion by Mr. Outlaw, the Senate adjourned until $
o'clock on Monday next.
MONDAY, September 9th, 1861.
The Senate met at 9 o'clock.
The Journal was read and amended.
The Speaker announced that an enrolled bill had been re¬
ceived from the House, in which bill a section had been
stricken out.
On motion by Mr. Humphrey, a message was ordered to he
sent to the House proposing to reconsider said bill to be re-
enrolled.
Received a message from the House, stating that it is order¬
ed that a message be~sent to the Senate, proposing to raise a
joint select committee of three on the part of the House, and
three on the part of the Senate, to enquire whether the Fort
at Oregon, on our seaboard has been evacuated by the troops
of the State, and if so, under what circumstances, and that
the committee be empowered to send for persons and papers.
Also, that Messrs. Ferebee, Stanford, Blue, Ewell and
Padgett have been appointed as the House branch of the
committee on enrolled bills for the present week. The pro¬
position was agreed to. Whereupon, the Speaker appointed
1861.] SENATE JOURNAL.
103
upon the committee to investigate the matter in regard to the
evacuation of Fort Oregon, Messrs. Outlaw and Taylor, of
Brunswick, and that Messrs; Watson, Faison and Eure,
would constitute the committee on the part of the Senate
the present week, on enrolled bills.
Mr. Slaughter introduced a memorial from the justices of
the county of Hertford in regard to a modification of an act
of the General Assembly, excluding the privileges of free
persons of color to use fire arms, which was read and referred
to the Committee on Propositions and Grievances.
Mr. Thomas, of Jackson, reported back the bill to amend
the Charter of the Williamston and Tarboro' Railroad, and
recommended its passage.
Mr. Thomas, from the same committee, to whom was re¬
ferred a resolution concerning the Cape Fear and Deep River
Navigation Company, reported a bill in regard to the same,
which was read the first time and passed.
On motion by Mr. Outlaw,
Resolved, That the Committee on Military Affairs enquire
what steps are being taken by the Confederate Government
for the winter clothing of our troops, and if none, that they
report a bill providing therefor.
On motion by Mr. Outlaw,
Resolved, That the principle clerks of both Houses be au¬
thorized to appoint such assistant engrossing clerks as may
be necessary "for the speedy dispatch of public business, and
that said assistant clerks be allowed the same pay as that
received by the principle engrossing clerks.
Mr. Outlaw now moved that the vote by which the resolu¬
tion was first adopted, be reconsidered, and then moved that
the motion to reconsider be laid upon the table, and said mo¬
tion to lay on the table prevailed.
Mr. Copeland introduced a resolution authorizing the Gov¬
ernor to appoint assistant surgeons for our regiments, which
was read under a suspension of the rules three several times,
and was referred to the Committee on Military Affairs.
104
SENATE JOURNAL. [2nd. Ex. Ses.
Mr. Outlaw asked and was excused from serving on tlie
committee appointed to investigate the case of the surrender
of Fort Oregon ; whereupon the Speaker announced that Mr.
Gaither would act instead of Mr. Outlaw on said committee.
Mr. Slaughter moved that the special order pending for 11
o'clock be postponed until the morning business he disposed
of. Mr. Thomas, of Jackson, moved to amend by saying
until 12 o'clock, and demanded the yeas any nays.
Those who voted in the affirmative are :
Messrs. Arendell, Candler, Dobson, Eure, Faison, Grist,
Humphrey, Pitchford, Slaughter, Taylor of Granville, Tay¬
lor of Brunswick, Thomas of Jackson and Waugh,—13.
Those who voted in the negative are :
Messrs. Adams, Brown, Bledsoe, Barringer, Blount, Cope-
land, Dickson, Dockery, Dowd, Gaither, Lane, Outlaw,
Ramsay, Simpson, Street, Stowe, Spencer, Stubbs, Turner,
Watson, Whitaker, Winstead, Walkup and Worth,—24.
So the Senate refused to postpone until 12 o'clock.
The question then recurred upon the motion to postpone
until the morning business be disposed of, and was decided
in the affirmative.
Mr. Thomas, of Jackson, introduced a bill to authorize the
Governor to muster into the service of the State, a battalion
of Cherokees, which was ordered to be printed, and referred
to the Committee on Military Affairs.
Also, a bill to amend the charter of the Western North
Carolina Bank, which was read the first time, and referred
to the Committee on Banks.
Mr. Slaughter, a bill to repeal an act passed at the session
of I860-'61 relative to free" negroes having fire arms, which
was read the first rime and referred to the Committee on
Propositions and Grievances.
Mr. Candler, a bill to prevent the selling of spiritOus
liquors at or near public gatherings, which was read the
first time and passed.
Also, a bill to prevent the collection of tax for common
school purposes during the war.
1861.]
SENATE JOURNAL.
105
Mr. Outlaw introduced a resolution to change the rules,
which is follows, to-wit:
Resolved, That the hour of meeting of the Senate shall
from and after this day he 9 o'clock, A. M.; at three o'clock
there shall he a recess until 71 P. M.
Mr. Waugh moved to ame^d as followa. to wit: Strike
out 9 o'clock and insert 8 o'clock, A. M., and sit until 8
o'clock, P. M. The amendment did not prevail.
Mr. Taylor, of Brunswick, moved to amend as follows,
to wit: Strike out the words 3 o'clock, and insert 2 o'clock,
and upon this question the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Adams, Brown, Barringer, Blount, Candler, Cope-
land, Dickson, Dockery, Dowd, Eure, Grist, Lane, Ramsay,
Simpson, Street, Slaughter, Spencer, Stubby, Thomas of
Jackson, Winstead, Walkup and Worth,—22.
Those who voted in the negative are :
Messrs. Arendell, Bledsoe, Dobson, Faison, Humphrey,
Outlaw, Pitchford, Sharpe, Taylor of Granville, Taylor of
Brunswick, Turner, Watson, Waugh and Whitaker,—14.
So the amendment was adopted.
Mr. Outlaw moved the whole thing belaid upon the table,
and the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Arendell, Bledsoe, Candler, Copeland, Dickson,
Dobson, Faison,Grist, Humphrey, Outlaw, Pitchford, Sharpe,
Slaughter, Taylor of Granville, Turner and Whitaker,—16.
Those who voted in the negative are :
Messrs. Adams,Brown, Barringer,Blount, Dockery,Dowd,
Eure, Lane, Ramsay, Simpson, Street, Spencer, Stubbs,
Taylor of Brunswick, Thomas of Jackson, Watson, Waugh,
Winstead, Walkup and Worth,—20.
So the Senate refused to lay upon the table.
Mr. Bledsoe now moved to amend as follows, to wit: Add
after the word 9 o'clock, A. M., "and sit until 2; then take a
recess until 3£, then sit until 6 o'clock, then take a recess
106
SENATE JOURNAL. [2nd. Ex. Ses.
until 7^, and then sit during the pleasure of the Senate
and upon this question the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Adams, Arendell, Brown, Bledsoe, Barringer,
Blount, Candler, Copeland, Dickson, Dockery, Dowd, Eure,
Faison, Lane, Outlaw, Ramsay, Simpson, Street, Slaughter,
Spencer, Stubbs, Thomas of J ackson, Turner, Watson, Waugh,
Winstead and Walkup,—27.
Those who voted in the negative are:
Messrs. Dobson, Gaither, Grist, Humphrey, Pitchford,
Sharpe, Taylor of Granville, Taylor of Brunswick, Whitaker
and Worth,—10.
So the amendment was adopted.
The question now recurred upon the passage of the resolu¬
tion as amended, and was decided in the affirmative. On
motion the resolution was laid upon the table
Received a message from the House, transmitting an en¬
grossed bill entitled a bill, to enlarge the powers of the com¬
missioners of the town oCWilmington, which was read first,
second and third times, passed and ordered to be enrolled.
The morning business having now been transacted, the spe¬
cial order was taken up, and the question was upon the third
reading of the bill entitled Revenue, which was ordered to
be read section by section ; and pending the adoption of the
first section, Mr. Worth moved to strike out the word "pro¬
perty " and insert the word ''estate" which amendment was
adopted.
Pending the adoption of the second section, Mr. Gaither
moved to amend as follows: at the end of the section, add
farming utensils (including) wagons, carts and threshing
machines.
Mr. Worth now moved to amend the amendment by Mr.
Gaither, by striking out in his amendment the word "in¬
cluding" and inserting the word "ei#jluding ;" and upon
this question the yeas and nays were demanded.
Those who voted in the affirmative are :
1861.]
SENATE JOURNAL.
t
107
Messrs. Adams, Arendell, Brown, Bledsoe, Barringer,
Candler, Dobson, Dockery, Dowd, Eure, Gaither, Humphrey,
Lane, Outlaw, Ramsay, Simpson, Stowe, Sharpe, Slaughter,
Spencer, Stubbs, Taylor of Brunswick, Watson, Waugh,
Walkup and Worth,—26.
Those who voted in the negative are :
Messrs. Blount, Copeland, Dickson, Faison, Grist, Pitch-
ford, Street, Taylor of Granville, Whitaker and Winstead,—
11.
So the amendment was adopted.
The question then recurred upon the adoption of the amend¬
ment as amended, and was decided in the affirmative.
The question now recurred upon the adoption of the second
section as amended, and Mr. Stowe moved to amend as follows:
Strike out all after the word " utensils" and insert the words,
" of all kinds," and the amendment was adopted.
Mr. Bledsoe moved to strike out the word "utensils " and
insert the word "implements," and the amendment was re¬
jected.
Pending the adoption of the fourth section, Mr. Stowe
moved to amend by striking out the whole section.
Mr. Outlaw moved to strike out the word "five" and in¬
sert the word "three."
A division was called for, and the Senate refused to divide.
The question then recurred upon the amendment to strike
out and insert, and was decided in the negative. The yeas
and nays were demanded.
Those who voted in the affirmative are :
Messrs. Eure, Grist, Outlaw, Pitchford, Street, Slaughter,
Stubbs, Taylor of Granville, Watson, Whitaker and Walk-
up,—11.
Those who voted in the negative are:
Messrs. Adams, Arendell, Brown, Bledsoe, Barringer,
Blount, Candler, Copeland, Dickson, Dobson, Dockery,
Dowd, Faison, Gaither, Humphrey, Lane, Ramsay, Simp¬
son, Stowe, Sharpe, Spencer, Taylor of Brunswick, Thomas of
Jackson, Turner, Waugh, Winstead and Worth,—27.
108
SENATE JOURNAL. [2nd. Ex. Ses.
So the amendment was rejected.
Mr. Bledsoe now moved to amend by striking out the words
u other'than land and negroes." Pending vote, a message was
received-from the House, stating that it is ordered that a mes¬
sage he sent to the Senate proposing to raise a joint select
committee of four on the part of the Senate and six-on the part
of the House, to enquire into the ways and means of procuring
the necessary supply of salt, and to report by bill or otherwise.
The -House has also concurred in the Senate amendment to
H. 21, a hill in favor of A. B. Long, late Sheriff of Ruther¬
ford county.
The message was concurred in; wheredpon, the Speaker
announced that Messrs. Lane, Street, Arendelland Dockery,
had been appointed the Senate branch of said committee.
The Senate was here interrupted in its usual course of busi¬
ness by the introduction, by Mr. Turner, of the following re¬
solutions, prefaced by an appropriate and eloquent eulogy,
to wit:
Whereas, The Senate has learned with profound emotion
that the Hon. Willie P. Mangum, departed this life at his
residence in the county of Orange, on Saturday last.
Resolved, That the sad intelligence is received by the rep¬
resentatives of the people of North Carolina whom he has so
long, so faithly, and so ably served, with feelings of the deep¬
est sorrow.
Resolved, That on this melancholy occasion, his great vir¬
tues, his eminent learning, his long continued usefulness, his
devoted patriotism, are remembered and cherished with grate¬
ful sensibility by the whole State, whose son he was, and to
whose services his life was devoted.
Resolved, That it is fit that on the Journals of the Senate,
amid the memorials of our gratitude and pride, should live,
a record of the fond affection and venerated regard in which
that illustrious man was held by his countrymen.
Resolved, That the Speaker of the Senate be requested to
transmit to the widow of Judge Mangum a copy of these re-
1'861.]
SENATE JOURNAL.
109
solutions, with an expression of our heartfelt sympathy in her
bereavement,.not only for the loss of her husband,but also for
the loss of her only son, Lieut. William Preston Mangum,
who fell bravely fighting at the battle of Manassas.
Resolved, That these proceedings be spread upon the Journ-
als of the Senate.
On motion of Mr. Taylor, of Brunswick, the Senate took
a recess until o'clock ^his evening.
Seven-and-a-half o'clock, P. M.
The Speaker announced that the question was upon the
adoption of the amendment by Mr. Bledsoe to the fourth sec¬
tion of the bill entitled Revenue, and that the yeas and nays
were demanded.
Those who voted in the affirmative are:
Messrs. Brown, Bledsoe, Barringer, Copeland, Dickson,
Eure, Faison, Gaither, Lane, Outlaw, Pitchford, Shaw, Street,
Slaughter, Spencer, Taylor of Brunswick, Thomas of Jackson,
Waugh and Whitaker,—19.
Those who voted in the negative are :
Messrs. Adams, Blount, Dobson, Dockery, Dowd, Grist,
Humphrey, Ramsay,Simpson, Stowe, Sharpe, Stubbs, Wat¬
son, Winstead, Walkup and Worth,—16.
So the amendment was adopted.
The question now recurred upon the passage of the section
as amended, and Mr. Bledsoe moved to strike out the words
" excepting the value of land and slaves " in the fifth line,
and the amendment was adopted.
Mr. Waugh now moved to amend by striking out the word
"fiv«,"and inserting the words "two hundred and fifty," in
the second line of said section ; and Mr. Eure moved to amend
the amendment by Mr. Waugh, by inserting simply the word
" three," and the yeas and nays were demanded.
Those who voted in the affirmative are:
110
SENATE JOURNAL. [2nd Ex. Ses.
Messrs. Brown, Blount, Dockery, Dowd, Eure, Grist, Har-
riss of Chatham, Outlaw, Pitchford, Shaw, Street, Stowe,
Slaughter, Stubbs, "Watson, Waugh, Winstead, Walkup and
Worth,—19.
Those who voted in the negative are:
Messrs. Adams, Bledsoe, Barringer, Candler, Copeland,
Dickson, Dobson, Faison, Gaither, Lane, Ramsay, Simpson,
Sharpe, Spencer, Taylor of Brunswick, Thomas of Jackson,
and Whitaker,—17.
So the amendment by Mr; Eure was adopted.
Mr. Worth now moved to strike out the word "property"
in said section, and insert the word " estate," and the amend¬
ment prevailed.
The question now again recurred upon the original amend¬
ment by Mr. Stowe, to strike out the whole section, and the
yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Stowe and Whitaker,—2.
Those who voted in the negative are:
Messrs. Adams, Brown, Bledsoe, Barringer, Blount, Can¬
dler, Copeland, Dickson, Dobson, Dockery, Dowd, Eure,
Faison, Gaither, Grist,Harriss of Chatham, Humphrey, Lane,
Outlaw, Pitchford, Ramsay, Shaw, Simpson, Street, Sharpe,
Slaughter, Spencer, Stubbs, Taylor of Granville, Taylor of
Brunswick, Watson, Waugli, Winstead, Walkup and Worth,
—38.
So the motion to strike out fourth section did not prevail.
Pending the adoption of section twelfth, Mr. Gaither moved
to amend said section as follows, to-wit: Add at the end of
said section: Providedj That the term " horses, cattle, hogs
and other stock" in this section shall include only such animals
as are raised for sale and not such as are raised merely for
food and work on the plantation and farm ; and that the term
"agricultural product," shall include only such products as
are raised for sale, and not such as are raised for home coa-
eumation.
1861.]
SENARE JOURNAL.
Ill
Mr. Lane now moved to amend the amendment by Mr.
Gaither, by striking out in said section all after the word
" slaves " in ninth line to the word " and " at the end of the
nineteenth line.
On motion by Mr. Sharpe, the Senate adjourned until 9
o'clock to-morrow.
TUESDAY, September 10th, 1861.
Mr. Lane, from the Committee on Propositions and Griev¬
ances, reported back sundry resolutions concerning Mitchell
county, and asked to be discharged from the further consid¬
eration of the subject, whereupon the committee was dis¬
charged.
Also, a resolution concerning the purchase of balsam and
quinine, and asked to be discharged from its further conside¬
ration, and the committee was discharged.
Also, a resolution concerning the late Convention, and
asked to be discharged as before, and the committee was dis¬
charged.
Also, a bill to repeal an act passed at the session of
I860-'61, relating to free negroes having fire arms, and
recommend that said bill do not pass.
Mr. Barringer, from the committee to investigate the case
in reference to the Senator from Davidson, submitted there¬
upon the following report, to wit:
The select committee to whom was referred a resolution of
enquiry concerning J. W. Thomas, the Senator from David¬
son, beg leave to submit the following report:
Immediately upon the appointment of the committee, Mr.
Thomas proffered and has afforded to us every facility for the
prosecution of the inquiry, by furnishing letters, private
memorandums and other papers, which show the character
and objects of his late visit to New York. From these sources,
the committee submit to the Senate the following statement
112
SENATE JOURNAL. [2nd. Ex. Ses.
of facts, which must he regarded as coming from the Senator
himself:
On the 23rd of July last, Mr. Thomas left North Carolina
for New York city, by the way of Louisville, Ky. Neither
the time nor the occasion of his visit was concealed. His
original design was in connection with Messrs. M. L. Holmes
and R. J. Holmes, of Rowan county, to establish a Commer¬
cial House in Louisville, for the purpose of furnishing such
supplies to the Confederate States, by that route, as their
people might deem necessary during the present war. T'his
design was, however, abandoned upon reaching Louisville,
and he proceeded immediately to New York.
It is proper to remark here, before going further with
the statement, that Mr. Thomas started on his trip with hut
$245.00 in cash, which was intended to bear his travelling
and other personal expenses. He also took with him several
thousand dollars of bank stock, held by various citizens of
this State, in the banks of New York. These stocks were
entrusted to him by the several holders, with directions to
sell them and account- for the proceeds on his return.
It was further understood that he might use the cash real¬
ized from such sale, with a view to accomplish his general
object of supplying the Confederate States with such articles as
he could purchase and introduce in violation of the blockade.
Besides the cash and stocks above referred to, he had also,
a check on a New York firm for about $10,000. The check
was drawn by his partners in the present adventure, (the
Messrs. Holmes ol Rowan county,) for the proceeds of a sale
of cotton made by the firm for them, and shipped to New
York just before the declaration of war. The Messrs. Holmes
had put the amount of the check into the co-partnership stock
of the firm between them and Mr. Thomas, and they were
very anxious to get the funds out of the hands of the New
York house. Mr. Thomas repeats that the above named
cash, bank stock and check constituted all the money or
sources of money which he had on his visit to New York.
1861.]
SENATE JOURNAL.
113
On arriving in New York, he executed his directions in
reference to the sale of the hank stock held by our citizens, so
far as he could do so with advantage. Meanwhile an oppor¬
tune chance presented itself to him in connection with
another worthy citizen of this State, to purchase a vessel
and cargo with a view of running the blockade on our own
coast.
Mr. Thomas embarked in this enterprise with high hope
of success, the particulars of which the undersigned do not
deem it necessary to relate. But he denies that he put any
money in the purchase of the vessel and cargo other than
what he had realized from the sale of bank stocks, due and
held by our citizens as above stated. The scheme ultimately
failed, and was utterly'abandoned by him. The contract for
the vessel and cargo, so far as he was concerned, was cancelled.
In consequence, owing to the extreme hazard of bringing
it home, the money derived from the stocks, as well as those
owned by himself as by others, was deposited in certain
banks of New York, as appears by certificates of deposit
exhibited to the committee by Mr. Thomas.
With regard to the check on the New York firm above
alluded to, it was presented for payment; but with every
disposition on the part of the firm to meet it. They were
wholly unable to do so. Their trade having been chiefly, if
. not entirely, with the Confederate States, it had been for
several months almost completely cut off, and the house was
trembling on the verge of suspension.
After proposing and rejecting mutually several modes of
paying the debt, the gentlemen composing the firm finally
offered to place in the hands of Mr. Thomas such southern
paper as they had or could procure in the city, out of which
the check or debt was to be paid, and the balance, if any, to
be accounted for by them as soon as practicable. Whereupon
some $20,000 in notes and accounts on citizens of this State
was transferred to Mr. Thomas, with authority to collect the
same and carry out the above agreement. He admits that
8
114
SENATE JOURNAL. [2nd. Ex. Ses.
letters hereto attached, refer to claims on citizens so assigned
him. He declares his innocence of any purpose to violate
any known law in the transaction. He never intended, and
does not now intend to harass or press the debtors referred
to. He sought only to secure a just debt—one from the New
York house to himself and the Messrs. Holmes. He will
cheerfully abide the decision of our courts under the law of
the land, on the liability of the parties. He denies emphat¬
ically that he is now, or has been at any time, acting as agent
to collect or secure any debts due from our citizens to a: y
persons in New York, except in the single instance and in
the manner here set forth.
As to the rumor that he had made Union speeches or car¬
ried his own Union speeches delivered last winter, with him
on his late Lip, he protests that it is utterly untrue ; and*'
as far as any such allegation is meant as an imputation upon
his loyalty to the Confederate States, he repels it with in¬
dignation.
Upon this statement, which is uncontradicted by any .evi¬
dence submitted to the Committee, we are unable to discover
in the purposes of the Senator from Davidson in making his
late visit to the enemy's country, or in his conduct while
there, anything which calls for the censure or other action
of the Senate.
And the Committee respectfully ask to be discharged from
the further consideration of the subject.
VICTOR C. BARRINGER, Chm'n.
M. L. EURE,
JOSEPH DOBSON.
On motion by Mr. Ramsay, the report was unanimously
adopted.
On motion by Mr. Outlaw, the report was re-committed to
the Committee, with a view to the drawing up a suitable
resolution, exonorating all censure upon the Senator, for the
action he had in the recent visit to the Northern States.
Received a message from the House, concurring in the
1861.J
SENATE JOURNAL.
115
proposition of the Senate to re-enroll a hill entitled an act
to authorize the Courts of Pleas and Quarter Sessions of
Edgecombe and Richmond counties, to lay a tax for the ben¬
efit of Volunteers.
On motion of Mr. Barringer,
Resolved, That the Governor be requested to furnish the
Senate a copy of a communication from the Military Secreta¬
ry, concerning the State of defence on our seaboard, which
was sent to the House in secret session.
Received a message from the House, stating that the
House had passed an engrossed bill, to wit:
A bill to prevent the felling of timber in certain creeks in
Bladen county, which was read the first time and passed.
Received a message from the House proposing to adjourn
sine die, Monday next, 6 o'clock, A. M.
Mr. Thomas moved to lay the message upon the table,,
and demanded the yeas and nays.
Those who voted in the affirmative are:
Messrs. Adams, Arendell, Bledsoe, Candler, Dobson, Fai-
son, Gaither, Grist, Hall, Humphrey, Lane, Outlaw, Pitch-
ford, Stowe, Spencer, Taylor of Granville, Thomas of Jack¬
son and Whitaker,—18.
Those who voted in the negative are :
Messrs. Brown, Barringer, Blount, Copeland, Dickson,
Dockery, Dowd, Eure, Harriss of Chatham, Ramsay, Simp¬
son, Street, Sharpe, Slaughter, Stubbs, Taylor of Brunswick,
Watson, Waugh, Winstead, Walkup and Worth,—21.
So the Senate refused to lay on the table.
The question then recurred concerning the message, and
the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Adams, Brown, Barringer, Blount, Dockery,
Eure, Hall, Harriss of Chatham, Humphrey, Ramsay, Simp¬
son, Street, Sharpe, Slaughter, Stubbs, Taylor of Brunswick,
Watson, Waugh, Winstead, Walkup and Worth,—21.
Those who voted in the negative are:
116
SENATE JOURNAL.
[2nd. Ex. Sgs.
Messrs. Arendell, Bledsoe, Candler, Copeland, Dickson,
Dobson, Dowd, Faison, Grist, Lane, Outlaw, Pitchford,
Stowe, Spencer, Taylor of Granville, Thomas of Jackson
and Whitaker.—17.
So the message was agreed to.
Received a message from the House, proposing to go into
an election of two Confederate Senators to-day, at 11 o'clock,
which was agreed to.
Whereupon, the Speaker appointed to superintend the
election on the part of the Senate, Messrs. Arendell and
Win stead.
Received a message transmitting a report from the Com¬
mittee to draft resolutions in regard to the late Col. Charles
F. Fisher, which was agreed to, and is as follows, to wit:
The Committee to which was referred a joint resolution in
regard to the death of Col. C. F. Fisher, beg leave to re¬
port the following preamble and resolutions, and recommend
their adoption.
N. N. FLEMING, Chairman.
Whereas, This General Assembly has learned with feel¬
ings of the most profound sorrow, of the death of the late
Col. Charles F. Fisher, and his brave companions in arms
who fell by his side in the late battle of Manassas, therefore,
Resolved, That this General Assembly takes this occasion
to express its high appreciation of the moral worth and pa¬
triotism of Col. Fisher as a citizen, and of his ability and
gallantry as a soldier, and to give expression to the deep
gratitude of the people of North Carolina, to him and the
brave 6th Regiment of North Carolina State Troops, for their
gallant and heroic conduct in defence of the dearest rights of
North Carolina and the South.
Resolved, That the Secretary of the State is hereby in¬
structed to transmit copies of the foregoing resolutions to the
families of Col. Fisher and the officers and soldiers of the
said Regiment who fell in the battle of Manassas.
The engrossed Resolution in favor of R. 0. Donnell and
1861.]
SENATE JOURNAL.
11T
others, was read the first time and passed, and referred to the
Committee on Military Affairs.
Received a message from the House, stating that an en¬
grossed bill had been passed, entitled a bill for the relief of cer¬
tain Banks, with an amendment, in which the concurrence of
the Senate was asked, and the amendment was concurred in.
Also, that the House had passed the engrossed bill from
the Senate entitled a bill to change the jurisdiction of the
courts and the rules of pleading, which amendments were
read and severally agreed to.
Mr. Barringer from the committee to investigate the case
of the Senator from Davidson, reported the following resolu¬
tion which was unanimo: slv adopted, to wit:
The committee to whom was re-committed the report on a
resolution of inquiry concerning J. W. Thomas, beg leave
to submit the following resolution :
Resolved, That the Senate is unable to discover any ground
for imputing disloyal or censurable conduct to John W.
Thomas, the Senator from Davidson, in connection with
his late visit to the enemy's country.
Received a message from the House stating that the hour
had arrived to execute the joint order to go into an election
of Confederate States Senators at 11 o'clock, and that Messrs.
Batchelor and Blue had been appointed on the part of the
House to superintend the election ; whereupon the Senate
voted under the superintendence of Messrs. Arendell and
Winstead as follows, to wit:
For David Outlaw : Messrs. Adams, Arendell, Brown,
Bledsoe, Candler, Dockery, Eure, Gaither, Grist, Simpson,
Sharpe, Slaughter, Spencer, Stubbs, Winstead and Wal¬
ker,—16..
For Mr. Avery : Messrs. Speaker, Arendell, Barringer,
Dickson, Faison, Gaither, Hall, Humphrey, Lane, Pitchford,
Street, Stowe, Taylor of Brunswick and Watson,—14.
For Mr. Davis: Messrs. Speaker, Barringer, Blount, Hall,
118
SENATE JOURNAL. [2nd. Ex. Ses.
Harriss of Chatham, Pitchford, Street, Stowe, Taylor of
Granville, Taylor of Brunswick >nd Watson,—11.
T^or Mr. Bragg : Messrs. Bledsoe, Copeland, Dobson,
Thomas of Jackson, Whitaker and Worth,— 7.
For Mr. Dortch : Messrs. Adams, Brown, Faison, Hum¬
phrey, Lane, Spencer and Winstead,—7.
For Mr. Smith: Messrs. Dobson, Slaughter and Waugh,—3.
For Mr. Clingman : Messrs. Candler, Copeland, Taylor of
Granville, Thomas of Jackson, Waugh and Walkup,—6.
For W. A. Graham : Messrs, Blount, Dockery, Dowd,
Eure, Ramsay and Worth,—6.
For Mr. Brown : Messrs. Outlaw, Sharpeand Stubbs,—3.
For Mr. Person : Messrs. Dickson and Dowd,—2.
For Mr. Reid : Messrs. Grist, Simpson and Whitaker,—3.
For Mr. Donnell : Mr. Outlaw,—1.
For Mr. Badger: Mr. Ramsay,—1.
On motion by Mr. Humphrey the vote by which the mes¬
sage from the House proposing to adjourn at 6 o'clock, A.
M. was reconsidered, and the words A. M. were stricken out,
and the words P. M. inserted in the message announcing
the concurrence of the Senate in the proposition of the House.
Mr. Hall introduced a resolution in favor of the 8th and
10th regiments, which was read the first time, and pending
adoption,
Mr. Winstead, from the committee to superintend the
election of Confederate States Senators, reported as follows,
to wit :
The Committee appointed to superintend the election of
two Confederate States Senators report that the whole num¬
ber of votes cast wasone hundred and twenty-six; necessary to
a choice, sixty-four ; of these Hon. W. T. Dortch received
46 ; Hon. S. J. Person, 32 ; Hon. W. W. Avery, 36 ; Hon.
T. L. Clingman, 30 ; Hon. W. A. Graham, 32 ; Hon. Geo.
Davis, 24 ; H<»n. David Outlaw, 23; Hon. Thomas Bragg*
19 ; Hon. R. S. Donnell, 2 ; Hon. David S. Reid, 5 ; Hon.
J. M. Morehead, 1 ; Hon. S. P. Hill, 2; Hon. J. W.
1861.]
SENATE JOURNAL.
119
Osborne, 2 ; Hon. W. N. H. Smith, 3 ; Hon. Bedford Brown,
3 ; Hon. George E. Badger, 1. No one having received a
majority of the number of votes there is, therefore, no elec¬
tion. 0. S. WINSTEAD,
For Committee.
Received a message from the House proposing that the two
houses go forthwith into an election of two Confederate
States Senators, and, on motion, the message was laid upon
the table.
The question now recurred upon the adoption of the reso¬
lution by Mr. Hall, in favor of the 8th and 10th regiments ;
and Mr. Hall offered a substitute for said resolution, and
Mr. Taylor of Brunswick moved to amend as follows : After
the word <£ men," insert the words " now in this State."
Mr. Walkup moved to refer to the Committee on Military
Affairs, and the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Adams, Candler, Dockery, Eure, Grist, Ramsay,
Simpson, Sharpe, Slaughter, Stubbs, Thomas of Jackson,
Waugh and Walkup—13.
Those who voted in the negative are :
Messrs. Arendell, Brown, Bledsoe, Barringer, Copeland,
Dickson, Dobson, Dowd, Faison, Gaither, Hall, Harriss of
Chatham, Humphrey, Lane, Outlaw, Pitchford, Street,
Stowe, Spencer, Taylor of Granville, Taylor of Brunswick,
Watson, Whitaker, Winstead and Worth—25.
The question then recurred upon the amendment to the
bill in favor of the 8th and lOth regiments, and Mr. Thomas
of Jackson moved to amend lurther by adding after the
word " State," " or regiments now in Virginia, if not paid
by the Confederate States."
Mr. Eure moved to amend as follows : And the power and
authority herein granted shall extend to any regiment or
battalion which is now being formed or which may here-
129
SENATE JOURNAL. [2nd. Ex. Sbs.
after be formed in this State j and the amendment by Mr.
Eure was not entertained.
Mr. Ramsay moved to add to the resolution : And that the
Governor immediately thereafter make a requisition upon the
proper authorities of the Confederate States for refunding
the same.
The amendment was rejected.
The question then recurred upon the amendment by Mr.
Thomas, and was agreed to.
The question then recurred upon the passage of the reso¬
lution as amended the second reading, and was decided in
the affirmative.
Under a suspension of the rules said resolution was read
the third time, and Mr. Eure offered his amendment again
to said resolution, and demanded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Adams, Bledsoe, Blount, Candler, Copeland, Dick¬
son, Dowd, Eure, Faison, Hall, Harriss of Chatham, Hum¬
phrey, Lane, Outlaw, Simpson, Street, Slaughter, Spencer,
Taylor of Granville, Taylor of Brunswick, Waugh, Whita-r
ker, Winstead and Walkup—24.
Those who voted in the negative are :
Messrs. Bledsoe, Barringer, Dobson, Pitchford, Ramsay,
Sharpe, Stubbs and Walker—8.
So the amendment was rejected.
The question now recurred upon the passage of the resolu¬
tion as amended, the third time, and the yeas and nays were
demanded.
Those who voted in the affirmative are :
Messrs. Brown, Bledsoe, Barringer, Blount, Copeland,
Dickson, Dobson, Dowd, Eure, Faison, Grist, Hall, Harriss
of Chatham, Humphrey, Lane, Outlaw, Pitchford, Simpson,
Street, Stowe, Taylor of Granville, Taylor of Brunswick,
Watson, Waugh, Whitaker, Winstead and Worth—29.
Those who voted in the negative are :
1861.]
SlfNATE JOURNAL.
Messrs. Adams, 'Candler, Gaither, Ramsay, Sharpe,
Slaughter, Spencer and Stubbs—8.
So the resolution passed the third reading, and was ordered
to be engrossed.
Mr. Eure now moved to take a recess until three o'clock,
and Mr. Outlaw moved to amend the motion by saying until
four o'clock, and the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Bledsoe, Candler, Copeland, Dickson, Dobson,
Faison, Hall, Harriss of Chatham, Humphrey, Outlaw,
Simpson, Sharpe, Taylor of Brunswick, Thomas of Jackson
and Watson—15.
Those who voted in the negative are :
Messrs. Adams, Barringer, Dowd, Eure, Gaither, Grist,
Lane, Pitchford, Ramsay, Street, Stowe, Slaughter, Spencer,
Stubbs, Taylor of Granville, Waugh, Whitaker, Winstead,
Walkup and Worth—20.
So the Senate refused to amend.
Mr. Waugh now moved to amend by saying until seven-
and-a-half o'clock, and the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Bledsoe, Copeland, Dickson, Humphrey, Outlaw,
Thomas of Jackson, Watson and Waugh—8.
Those who voted in the negative are :
Messrs. Adams, Brown, Barringer, Dobson, Eure, Faison,
Gaither, Grist, Hall, Harriss of Chatham, Lane, Pitchford,
Ramsay, Simpson, Street, Stowe, Sharpe, Slaughter, Spencer,
Stubbs, Taylor of Granville, Taylor of Brunswick, Whita¬
ker, Winstead, Walkup and Worth—26.
So the Senate refused to amend.
Mr Hall now moved that the Senate take a recess until
three and-a-half o'clock, and the motion prevailed.
September 10th, Evening Session.
The Speaker announced the unfinished business of to-day,
122
SENATE JOURNAL. [2nd. Ex. Ses.
and that the question was upon the amendment by Mr.
Lane, to the amendment by Mr. Gaither, to the 12th section.
Mr. Lane now withdrew his amendment to the amend¬
ment by Mr. Gaither, and Mr. Gaither withdrew his amend¬
ment, arid offered a substitute to the whole bill, which was
read. Mr. Bledsoe moved to print, which motion did not
prevail.
Mr, Worth now moved to postpone the further considera¬
tion of the subject, and that it be made the special order for
to-morrow, 11 o'clock, and until said bill is acted upon.
Mr. Worth now moved to reconsider the vote by which
the Senate refused to print. Ye< s 21, nays 7.
The question now recurred upon the motion to print, and
was decided in the affirmative.
The question now recurred upon the motion to make the
special order, and was decided in the affirmative.
Bills, &c., on second reading, were now taken up and acted
upon as follows, to wit:
The resolution to instruct the Committee on Finance to
report a bill, was read and indefinitely postponed.
The bill to enlarge the North Carolina Battalion author¬
ized by the Convention, was read and indefinitely postponed.
The resolution to collect and repair arms, was read the
second time, substitute adopted, and read the third tiinej
passed and was ordered to be engrossed-.
The resolution instructing the Committee on Militar}r Af?
fairs, was read the second time, and indefinitely postponed.
The bill for the relief and protection of the North Carolina-
Cherokees was read the second time, and indefinitely post¬
poned.
The bill to repeal the Stay Law, was read the second and
third time, passed and was ordered to be enrolled.
The reso'ution directing the issue of Coupon bonds of the
State, for the benefit of the Western North Crrolina Rail¬
road, was read the second time, and indefinitely postponed.
The resolution to pay bounty money to soldiers, was read
the second time, amended as recommended by the committee,
1861.]
SENATE JOURNAL.
123
and passed, and tfcad the third time, passed and was ordered
to he enrolled.
Received a message from the House, concurring in the
proposition of the Senate, to go forthwith into an election
for two Confederate States Senators, and under the superin¬
tendence of Messrs, Dobson and Ramsay, the Senate pro¬
ceeded to vote as follows, to wit:
For Mr. Avery: Messrs. Speaker, Barringer, Copeland,
Dickson, Dobson, Faison, Gaither, Hall, Harriss of Chat¬
ham, Humphrey, Lane, Pitchford, Street, Stowe, Taylor of
Granville, Taylor of Brunswick, Thomas of Jackson, Wat¬
son, Waugli, Whitaker and Winstead,—21.
For Mr. Outlaw : Messrs. Adams, Arendell, Brown, Bled¬
soe, Candler, Dockery, Dowd, Eure, Gaither, Grist, Ram¬
say, Sharpe, Slaughter, Spencer, Stubbs, Whitaker and
Walkup,—17.
For Mr Da^is : Messrs. Speaker, Barringer, Blount,
Copeland, Dickson, Dobson, Eure, Hall, Harriss of Chat-
horn, Pitchford, Street, Stowe, Sharpe, Taylor of Brunswick
and Waugh,—15.
For Mr. Dortcii : Messrs. Arendell, Brown, Dickson,
Eaisou, Grist, Humphrey, Lane, Simpson, Spencer and
Worth,—10.
For Mr. Graham : Messrs. Adams, Dockery, Ramsay,
Stubbs and Worth,—5.
For Mr. Brown : Messrs. Blount, Dowd, Outlaw, Win-
stoai and Walkup,—5.
For Ma. Clingman : Messrs. Candler, Taylor of Granville,
Thomas of Jackson and Watson,—4.
For Mr. Reid : Messrs. Bledsoe, Simpson and Slaugh¬
ter,—3.
For Mr. Donnell : Mr. Outlaw,—l.N
The bill to authorize the issue of small notes by the town
of Wilmington, was read, and under a suspension of the
rules, was read the second time, and Mr. Pitchford moved that
124
SENATE JOURNAL. [2nd. Ex. Ses.
the provisions of the hill he extended to the Savings Bank
of the town of Warren ton.
The motion prevailed.
Mr. Bledsoe moved to extend the provisions of the hill to
the Savings Bank of the city of Raleigh.
Mr. Outlaw now moved that the bill and amendments be
he laid /upon the table, and the motion prevailed.
The bill to provide ways and means for the defence of the
State, was read the second time, and Mr. Bledsoe moved tb
amend by striking out the words " eight hundred," and in¬
sert the following, to wit :
Twenty-eight hundred thousand dollars of the proceeds
of which sum, the public Treasury is authorized and re¬
quested to pay the Confederate States Government, North
Carolina's quota of the direct tax levied by the recent act of
the Confederate Congress of America ; two millions of dol¬
lars of said notes to be issued in sums of oqe dollar and up¬
wards not above one hundred dollars, and upon this question
the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Adams, Arendell, Bledsoe, Blount, Dickson,
Dowd, Faison, Harriss of Chatham, Pitchford and Street,
—11.
Those who voted in the negative are:
Messrs. Barringer, Blount, Candler, Copeland, Dobsoa,
Dockery, Eure, Gaither, Hall, Lane, Outlaw, Ramsay, Simp¬
son, Stowe, Sharpe, Slaughter, Spencer, Stubbs, Taylor of
Granville, Taylor of Brunswick, Waugh, Whitaker, Win-
stead, Walkup, and Worth,—26.
So the amendment was rejected.
The question then recurred upon the passage of the bill
the second reading, and the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Adams, Arendell, Brown, Bledsoe, Barringer,
Blount, Candler, Copeland, Dickson, Dobson, Dockery,
Dowd, Eure, Faison, Gaither, Hall, Harriss of Chatham,
1861.]
SENATE JOURNAL.
125
Lane, Outlaw, Pitchford, Ramsay, Simpson, Street, Stowe,
Sharpe, Slaughter, Spencer, Stubbs, Taylor of Granville,
Taylor of Brunswick, Watson, Waugb, Whitaker, Win-
stead, Walkup and Worth,—36.
There being no votes cast in the negative, the hill passed
the second time, and under the suspension of the rules, said
bill was read the third time, passed and ordered to be en¬
grossed.
Mr. Ramsay, from the Committee to superintend the elec¬
tion of two Confederate States Senators, reported as follows,
to wit:
The Senate branch of the Committee appointed to super¬
intend the election of Confederate States Senators, beg leave
to report that the whole number of votes cast was 128, ne¬
cessary to a choice, 65.
Mr. Dortch, received 55 ; Mr. Avery, 42 ; Mr. Person, 35 ;
Mr. Graham, 33 ; Mr. Davis, 27 ; Mr. Clingman, 25 ; Mr.
Outlaw, 23 ; Mr. Brown, 5 ; Mr. Reid, 4; Mr. Osborne, 2;
Mr. Bragg, 2 ; Mr. Donnell, 1; Mr. Gaither, 1; Mr, Smith,
1 ; Mr. Mendenhall, 1.
No one having received a majority of the whole number of
the votes cast, there is, therefore, no election.
All of which is respectfully submitted.
J. G. RAMSAY,
JOSEPH DOBSON.
On motion, the Senate adjourned until 9 o'clock to-mor¬
row morning.
WEDNESDAY, September 11th, 1861.
Mr. Slaught3r, from the Committee on Claims, reported
back the following bills and resolutions, and recommended
as follows, to wit:
The resolution in favor ofH. H. Davidson, and recommen¬
ded its passage;
Also, a resolution in favor of James G. Crawford, and re¬
commended its passage;
126
SENATE JOURNAL. [2nd. Ex. Ses.
Also, a resolution iu favor of R. C. Duvall, and recom¬
mended its passage;
Also, a resolution in favor of Hiram Gunter, and recom¬
mended its passage ;
Also, a resolution in favor ofL. H. Lawrence, and recom¬
mended its passage ;
Also, a resolution in favor of Charles Byrd, and recom¬
mended its passage ;
Also, a resolution in favor of H. J. Brown, and recom¬
mended its passage ;
Also, a resolution in favor of Benjamin Justice, and re¬
commended its passage.
Mr. Sharpe, from the same committee, reported back the
resolution in favor of Valentine and Daniel, and recom¬
mended its passage ; /
Also, a resolution in favor of Charles G. Mitchell, and re¬
commended its passage.
Mr. Hall, from the Committee on Military Affairs, repor¬
ted back the following resolutions, from the further consid¬
eration of which the committee asked and was discharged,
to wit:
A resolution concerning leave of absence ;
A resolution in favor of certain officers ;
A resolution concerning Quarter and Paymaster.
And the following resolutions the committee recom¬
mended to pass, to wit:
A resolution to provide winter clothing for troops;
A bill to increase the pay of privates and non-commission¬
ed officers ;
A resolution to authorize the appointment of assistant
surgeons;
A resolution in favor of R. C. Duvall and others.
On motion of Mr. Stowe, the resolution in favor of certain
individuals was now taken up, and under a suspension of
the rules was rea 1 the second and third time, passed and was
ordered as follows, to wit:
1801.]
SENATE JOURNAL.
127
The resolution in favor of L. H. Lawrence was ordered to
be enrolled ;
The resolution in favor of Hiram Gunter was ordered to
be enrolled ;
The resolution in favor of R. C. Duvall was ordered to be
engrossed ;
The resolution in favor of James G. Ciawford was ordered
to be enrolled ;
The resolution in favor of H. II. Davidson was ordered to
be enrolled ;
The resolution in favor of Charles G. Mitchell was order¬
ed to be engrossed ;
The resolution in favor of Valentine and Daniel was order¬
ed to be engrossed ;
The resolution in favor of Benjamin Justice was ordered
to be enrolled ;
The resolution in favor of Charles Byrd was ordered to be
fcunslled ;
The resolution in favor of H. J. Brown was ordered to be
enrolled.
Mr. Hall introdu**# a bill to increase the State Troops,
which was read the first time and passed.
Received a message from the House stating that the House
had concurred in the Senate amendments to a bill authoriz¬
ing David Lewis and other securities of John S. Willis to col¬
lect arrears of taxes;
Also, that the following enroTled bills and resolutions
have been signed by ti# Speaker of the House, and the same
ha 1 been sent for the signature of the Speaker of the Senate,
viz :
An act concerning the Sheriff of Watauga county ;
An act to provide for the coast aud frontier defences of the
State;
An act to alter the pay of witnesses in the county of
Columbus ;
An act to enlarge the powers of the commissioners of the
town of Washington;
128
SENATE JOURNAL. [2nd. Ex. Ses.
An act to establish a ferry on Hiawasse River ;
A resolution employing additional engrossing Clerks ;
L. R. Jernigan, to discontinue a Ferry on the Chowan
River,
Whereupon the Speaker signed and ratified the same in
the presence of the Senate.
Received a message from the House transmitting sundry
appointments for Justices of the Peace, which was agreed to.
On motion of Mr. Worth an appointment of a Justice of
the Peace was made for Alamance county,
And on motion by Mr. Hall an appointment for Justice
was made for New Hanover county.
Received a message from the House stating that the
Speaker of the House had signed the following enrolled
bills:
An act to authorize the Court of Pleas and Quarter Ses¬
sions of Edgecombe and Richmond counties to levy a tax for
the benefit of volunteers ;
An act providing for the issuing of Bonds by the Courts
of Pleas and Quarter Sessions ;
An act to amend an act to incorporate the Cape Fear and
Ocean Steam Navigation Company ; which are herein trans¬
mitted to the Senate for the signature of the Speaker thereof.
The Speaker signed and ratified the same in the presence of
the Senate.
Received a message frqm the House stating that the
House had passed the Senate resolutions for the payment of
volunteers, with amendments, in which the concurrence of
the Senate was asked ; and that it was ordered that a mes¬
sage be sent to the Senate, proposing to go into the election
of two C. S. Senators to-day at 11 o'clock. The name of the
Hon. Z. B. Vance has been added to the nomination.
The message was concurred in.
The amendment in the bill having reference to striking
out after the word "State," and unto the word "and/'
1861.]
SENATE JOURNAL.
129
was not agreed to. Pending vote upon said amendment,
Mr. Bledsoe demanded tlie yeas and nays.
Those who voted in the affirmative are :
Messrs. Brown, Candler, Ramsay, Taylor of Brunswick
and Watson,—5.
Those who voted in the negative are :
Messrs. Adams, Arendell, Bledsoe, Barringer, Blount,
Copeland, Dickson, Dockery, Dowd, Eure, Faison, Gaither,
Grist, Hall, Harris of Franklin, Harriss of Chatham, Hum¬
phrey, Lane, Simpson, Street, Stowe, Sharpe, Slaughter,
Spencer, Taylor of Granville, Whitaker, Winstead and
Walkup,—28.
The amendment was rejected.
The question then recurred upon the amendment to insert
"and companies," and said amendment was agreed to ; and
a message was ordered to he sent to the House, stating the ac¬
tion of the Senate on said hill.
Received a message from the House, stating that the House
had passed the following bills and resolutions :
A bill to incorporate the Guilford Manufacturing Company;
A bill to appoint a tax collector in the county of Jackson;
A bill authorizing a special company of Cavalry ;
Resolution in favor of Wm. Thompson ;
A bill granting power to justices of Duplin to sell town
commons in the town of Sarecta ;
Resolution authorizing Thomas Craig and others to enslave
themselves ;
A bill to authorize the Court of Pleas and Quarter Sessions
of the county of Columbus to appoint overseers to keep open
the runs, of certain swamps in said county ;
Resolution in favor of Moses A. Woody ;
A bill to amend the charter of the Miners and Planters
Bank, located in the town of Murphy ;
Resolution in favor of T. W. Avent ;
A bill concerning the Wardens of the poor for the county
of Alamance—
9
130
SENATE JOURNAL. [2nd. Ex. Ses.
In which the concurrence of the Senate is asked.
Whereupon the said hills and resolutions were read the
first time and passed.
And the resolution in favor of Wm. Thompson, and the
resolution in favor of Moses A. Woody, were referred to the
Committee on Claims.
On motion by Mr. Stuhbs, the hill to authorize a special
company of Cavalry, was read the socond and third times,
passed, and was ordered to he enrolled.
The resolution to enslave certain free persons of color was
referred to the Committee on the Judieiary.
The resolution in favor of T, W. Avent was referred to the
Committee on Claims.
On motion hy Mr. Gaither, the report of the Paymaster
was read for information.
Received a message from the House, stating that the House
had concurred in the Senate amendment to the hill in favor
of A. B. Long.
Received a message from the House, stating that the hour
had arrived in which it was agreed to execute a joint order
to go into an election of two Confederate States Senators;
whereupon under the superintendence of Messrs. Pitchford
and Barringer, the Senate voted as follows, to wit:
For Mr. Avery.—Messrs. Speaker, Barringer, Dohson,
Faison, Graither, Hall, Harris of Franklin, Harriss of Chat¬
ham, Humphrey, Lane, Pitchford, Street, Stowe, Taylor ot
Brunswick, Thomas of Jackson, Watson, Waugh, Whitakep
and Winstead,—19.
For Mr. Outlaw.—Messrs. Speaker, Arendell, Brown,
Blount, Candler, Dockery, Eure, Gaither, Grist, Simpsop,
Sharpe, Slaughter, Spencer, Stubbs, Thomas of Davidsop,
Whitaker and Walkup,—18.
For. Mr. Davis.—Messrs, Barringer, Dohson, Ewe, Har¬
riss of Chatham, Pitchford, Ramsay, Street, Stowe, Sharpe,
Stubbs, Taylor of Granville, Taylor of Brunswick, and Wat¬
son,—13.
1861.]
SENATE JOURNAL.
131
For Mr. Graham.—Messrs. Adams,Doekery, Grist, Outlaw,
Ramsay and Worth,—6.
For Mr. Clingman.—Messrs. Candler, Dickson, Taylor of
Granville and Thomas of Jackson,—5.
For Mr. Dortch.—Messrs. Adams, Brown, Blount, Faison,
Harris of Franklin, Humphrey, Lane, Spencer, Winstead,
and Worth,—10.
For Mr. Person.—Messrs. Copeland, Dickson, Dowd and
Hall,—4.
For Mr. Bragg.—Messrs. Slaughter and Thomas of David¬
son,—2.
For Mr. Brown.—Messrs. Dowd, Outlaw, Simpson and
Walkup,—4.
For Mr. Vance.—Mr. Arendell,—1.
For Mr. DoBSON.-^-Mr. Waugh,—1.
For Mr. Reid.—Mr. Bledsoe,—1.
The Speaker announced the special order, to wit: the fur¬
ther consideration of the hill entitled Revenue, and that the
question was upon the adoption of the substitute by Mr. *
Gaither, which was read, and pending the vote the yeas and
nays were demanded.
Those who voted in the affirmative are :
Messrs. Candler, Dobson, Dowd, Gaither, Simpson, Stowe,
Sharpe, Thomas of Davidson and Waugh,—9.
Those who voted in the vegative arc:
Messrs. Adams, Arendell, Brown, Bledsoe, Barringer,
Blount, Copeland, Dickson, Doekery, Eure, Faison, Grist,
Hall, Harris of Franklin, Harriss of Chatham, Humphrey,
Lane, Outlaw, Pitchford, Ramsay, Street, Slaughter, Spen¬
cer, Stubbs, Taylor of Granville, Taylor of Brunswick, Wat¬
son, Whitaker, Winstead, Walkup and Worth,—31.
So the amendmendment was rejected.
Mr. Barringer, from the committee to superintend the
election of two Confederate States Senators, asked and ob¬
tained leave to report as follows, to wit:
The Senate branch of the committee to superintend the
132
SENATE JOURNAL. [2nd. Ex. Ses.
election of two Confederate States Senators submit the follow¬
ing report:
"Whole umber of votes cast, 134. Necessary to a choice, 64.
Of which number Hon. W. T. Dortch received 51; W. W.
Avery, 44 ; S. J. Person, 39 ; T. L. Clingman, 30; David
Outlaw, 27 ; George Davis, 22 ; W. A. Graham, 20; Z. B.
Yance, 13 ; A. Merrimon, 6; J. W. Osburne, 2 ; W. N. H.
Smith, 2 ; B. Brown, 6 ; D. S. Reid, 1 ; Thomas Bragg, 2;
Joseph Dobson, 1; E. G. Reade, 1 ; John Walker, 1; J. M.
Morehead, 1.
The question now recurred upon the adoption of the 12th
section, and Mr. Copeland moved to amend as follows, to wit:
Strike out all after the word " number " in the eighth line,
and insert the following to wit:
Of his or her slaves between the ages of five and sixty years
who shall be valued uniformly throughout the State at the
sum of $300 per capita; also, his or her horses, cattle, hogs
and other stock that may be raised for sale, or otherwise than,
for constant service and use.
The amendment was rejected.
Mr. Taylor, of Brunswick, moved to amend as follows, to
wit: strike out all after the word " taxables " in the fifth
line to the words "setting forth" in the eighth line,and insert
the word "land" before the word "slaves" in the ninth line.
The amendment was rejected.
Mr. Adams offered the following amendment to wit: add
after the word " products " in the fourteenth line, "excepting
provisions on hand for the support of his family."
Mr. Lane offered an amendment to the amendment by Mr.
Adams, as follows, to wit: strike out the word "value" in
eighth line, and insert "that the averaged value of said slaves
shall be $300 per head." Pending discussion,
Mr. Thomas, of Jackson, moved to adjourn until 3^ o'clock.
Mr. Humphrey moyed to amend by taking a recess until 4
o'clock, and the motion was agreed to.
1861.] SENATE JOURNAL.
133
Four o'clock, F. M.
The question was upon the amendment to the amendment
to the hill entitled "Revenue," by Mr. Lane, and Mr. Lane
withdrew his amendmendment; and the question recurred
upon the adoption of the amendment by Mr. Adams, and was
decided in the affirmative.
Mr. Bledsoe moved to amend as follows, to wit: In fourth
line after the< word " written " add "statement of the cash
value of his estate after deducting off the amount which he
may owe, and the further sum of three hundred dollars,
which shall be exempted from taxation."
Mr. G-aither moved that the whole bill and amendments
be indefinitely postponed ; and upon this question the yeas
and nays were demanded.
Those who voted in the affirmative are :
Messrs. Arendell, Candler, Dowd, Faison, Gaither, Hall,
Humphrey, Lane, Simpson, Stowe, Taylor of Brunswick,
and Waugh,—12.
Those who voted in tl^e negative are:
Messrs. Adams, Brown, Bledsoe, Barringer, Blount, Cope-
land, Dickson, Dobson, Dockery, Eure, Grist, Harris of
Franklin, Harriss of Chatam, Outlaw, Pitchford, Ramsay,
Street, Slaughter, Spencer, Stubbs, Watson, Whitaker,
Walkup and Worth,—24.
So the motion to postpone did not prevail.
The question was upon the amendment by Mr. Bledsoe, and
Mr. Gaither moved to amend the amendment by Mr. Bledsce
as "follows, to wit:
To come in at the end of 12th section :
Provided, That the term "horses, cattle, hogs and other
stock," in this section shall include only such animals as are
raised for sale, and not such as are raised merely for food and
work on the plantation and farm, and that the term " agricul¬
tural products " shall include only such products as are raised
for sale, and not such as are raised for home consumption.
The amendment by Mr. Gaither was not entertained ; and
134
SENATE JOURNAL. [2nd. Ex. Ses.
the question recurred upon the amendment by Mr. Bledsoe,
and the yeas and nays were demanded ; pending vote,
Mr. Pitchford moved to amend the amenndment by Mr.
Bledsoe by striking out in said amendment the words, " after
deducting the amount he may owe pending vote,
On motion, the Senate adjourned until 9 o'clock to-morrow-
morning.
THURSDAY, September 12, 1861.
The Senate met at 9 o'clock. The Journal was read and
approved.
Received a message from the House stating that the fol¬
lowing enrolled bills have been signed by the Speaker of the
House and are herewith transmitted to the Senate for the sig¬
nature of the the Speaker of that body ;
An act to change the jurisdiction of the Courts and the
rules of pleading therein ;
An act for the relief of certain banks ;
An act to amend the Charter of the Bank of North Caro¬
lina and other banks,
An act concerning costs in regard to wills and testaments ;
An act to prevent the sale of spirituous liquors within two
miles of Lenoir Institute in the county of Lenoir ;
An act to incorporate the Independent Guards.
Whereupon the Speaker signed and ratified the same in
the presence of the Senate.
Mr. Walkup introduced a bill for local defence and spe¬
cial service, which was read the 1st time and referred to the
Committee on Military Affairs.
Mr. Adams a bill to incorporate Wirt Green Mining Com¬
pany, which was referred to the Committee on Corporations.
Mr. Slaughter a bill concerning runaway slaves, which
was read the 1st time and passed.
Mr. Hall a bill to amend the 13th section of the 10th chap-
1861.]
SENATE JOURNAL.
135
ter of the Rivised Code, which was read the 1st time and re¬
ferred to the Committee on the Judiciary.
Also a bill to establish a line of telegraph communication,
which was read the 1st time and passed.
A bill siipplimental to an act to raise 10,000 State Troops
which was read the 1st time and referred to the Committee
on Military Affairs.
Mr. Hall, from the Committee on the Judiciary, reported
back the resolution declaring the seats of certain members of
the General Assembly vacant who hold office under the
State or Confederate Government, and recommended its pas¬
sage.
Received a message from the House stating that the House
receded from its amendment to the resolution to pay volun¬
teers ; whereupon the resolution was ordered to be enrolled.
Mr. Humphrey moved that a message he se it to the House
proposing to go into an election of two C. S. Senators, and
that the General Assembly continue to vote until the elec¬
tion shall be determined.
Mr. Thomas, of Jackson, moved to amend the proposition
by saying that the two houses will on to-morrow, at 11
o'clock, vote for two C. S. Senators.
Mr. Waugh, pending discussion, introduced the following
resolution, to wit :
Resolved, That a committee, consisting of four on the part
of the Senate and a like number on the part of the House, to be
divided equally between both political parties, to be chosen
by members of the Assembly, be appointed to select and re¬
commend two persons for the Senate of the Confederate
States, to be selected from each of the two old political par¬
ties.
Mr. Stubbs moved that the whole matter be laid upon the
table. The yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Arendell, Brown, Barringer, Candler, Dobson,
Dockery, Dowd, Eure, Gaither, Grist, Outlaw, Ramsay,
136
SENATE JOURNAL. [2nd. Ex. Sbs.
Simpson, Sharpe, Slaughter, Spencer, Stubbs, Thomas of
Jackson, Whitaker, Walkup and Worth,—21.
Those who voted in the negative are:
Messrs. Adams, Bledsoe, Copeland, Dickson, Faison, Hall,
Harris of Franklin, Harriss of Chatham, Humphrey, Lane,
Pitchford, Shaw, Simmons, Street, Taylor of Brunswick,
Watson and Waugh,—lU
So the motion to lay upon the table prevailed.
Mr. Barringer introduced a resolution to request the ap¬
pointment of Col. Martin as a Brigadier General in the C. S.
Army, which was read the 1st time, passed, and was referred
to the Committee on Military Affairs.
Mr. Hall moved that a message be sent to the House pro¬
posing to rescind the joint resloution to adjourn sine die, Mon¬
day next, 6 o'clock, p. m.
Received a message from the House, proposing to go forth¬
with into an election of two C. S. Senators, and that S. H.
Rogers had been added to the nomination ; and a motion was
made to lay the message upon the table, and upon this ques¬
tion the yeas and nays were demanded.
Those who voted in the affirmative are:
Messrs. Adams, Arendell, Brown, Blount, Candler, Dock-
ery, Dowd, Grist, Hall, Outlaw, Ramsay, Simpson, Sharpe,
Slaughter, Stubbs, Thomas of Jackson, Waugh, Walkup
and Worth,—19.
Those who voted in the negative are :
Messrs. Bledsoe, Barringer, Copeland, Dickson, Dobson,
Eure, Faison, Gaither, Harris of Franklin, Harriss of Chat¬
ham, Humphrey, Lane, Pitchford, Shaw, Simmons, Street,
Stowe, Spencer, Taylor of Granville, Taylor of Brunswick,
and Whitaker,—21.
So the Senate refused to lay upon the table.
The question now recurred upon the adoption of the pro¬
position and was decided in the affirmative, whereupon the
Speaker appointed to superintend the election, Messrs. Dowd
1861.] SEHATE JOUEHAL.
137
and Stowe. The Senate proceeded to vote as follows, to
wit:
For Mr. Outlaw:—Messrs. Speaker, Adams, Arendell,
Brown, Candler, Copeland, Dockery, Dowd, Eure, Gaither,
Grist, Simpson, Sharpe, Slaughter, Spencer, Stubbs, Thomas
of Jackson, Whitaker, Winstead and Walkup,—f20.
For Mr. Avery :—Messrs. Speaker, Barringer, Dobson,
Faison, Gaither, Hall, Harris of Franklin, Harriss of Chat¬
ham, Humphrey, Lane, Pitchford, Shaw, Simmons, Street,
v StoWe, Taylor of Brunswick, Waugh and Winstead,—18.
For Mr. Davis :—Messrs. Barringer, Blount, Dobson,
Dockery, Eure, Pitchford, Street, Stowe, Taylor of Gran¬
ville, Taylor of Brunswick, Thomas of Jacksoii and Watson,
—12.
For Mr. Dortch:—Messrs. Brown, Blount, Faison, Harris
of Franklin, Humphrey, Lane and Spencer,—7.
For Mr. Brown :—Messrs. Adams, Arundell, Kamsay,
Simpson, Sharpe, Slaughter, Stubbs, Walkup and Worth,
—8.
For Mr. Clingman :—Messrs. Candler, Copeland, Dickson,
Taylor of Granville, Thomas of Jackson, Watson, Waugh
and Whitaker,—8.
For Mr. Person :—Messrs. Dickson, Dowd, Hall, Harriss
of Chatham, Shaw and Simmons,—6.
For Mr. Bogers :—Messrs. Bledsoe and Gist,—2.
For Mr. Graham :—Messrs. Bamsay and Worth,—2.
For Mr. Beid :—Messrs. Bledsoe and Outlaw,—2.
For Mr. Bragg:—Mr. Thomas of Davidson,—1,
For Mr. Donnell:—Mr. Outlaw,—1.
Beceived a message from the House, stating that the
House had agreed to sundry appointments for Justices which
was concurred in.
Also that the House had passed the- accompanying en¬
grossed bill entitled Militia and that the concurrence of the
Senate was asked in said bill which was read the 1st time,
passed, and was ordered to be printed.
138
SENATE JOURNAL. [2nd. Ex. Ses.
Mr. Barringer gave notice that he would move for the re¬
consideration of the vote by which the substitute by Mir.
Gaither to the bill entitled Revenue was lost on yesterday.
Mr. Hall introduced the following resolution, to wit':
Resolved, That a message be sent to the House, proposing
to recind the joint resolution providing for the adjournment
of the two Houses on next Monday ; and the resolution was
adopted.
Mr. Dockery moved that the rules be suspended to take up
a resolution concerning a Camp of Instruction, and the mo¬
tion prevailed, and said resolution was read the second time.
Mr. Copeland moved to amend said resolution by inserting
after the word " Governor" the words "with the advice of
the Surgeon and Adjutant General of the State."
Mr. Bledsoe moved to amend the amendment by Mr. Cope-
land as follows, to wit:
Provided, It can be done consistently with the public in¬
terest. Pending vote,
Received a message from the House, stating that the
House had concurred in the proposition to recind the joint
resolution to adjourn on Monday next,.and proposing to go
forthwith into an election of two C. S. Senators.
Mr. Thomas, of Jackson, moved to lay the message on the
table, and demanded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Adams, Arendell, Brown, Bledsoe, Barringer,
Blount, Candler, Copeland, Dickson, Eure, Faison, Gaither,
Grist, Hall, Harris of Franklin, Lane, Outlaw, Pitchford,
Ramsay, Shaw, Simmons, Simpson, Street, Sharpe, Slaugh¬
ter, Spencer, Taylor of Granville, Taylor of Brunswick,
Thomas of Davidson, Whitaker, Walkup and Worth,—32.
Those who voted in the negative are :
Messrs. Dobson, Dockery, Dowd, Humphrey, Stowe,
StubLs, Thomas of Jackson, Watson and, Waugh,—9.
The question then recurred upon the concurrence in the
proposition, and was agreed to.
1861. J
SEN JOT JOURNAL.
139
Whereupon, under the superintendence of Messrs. Sharpe
and Faison, the Senate voted as follows, to wit:
For Mr. Outlaw :—Messrs. Adams, Arendell, Brown,
Bledsoe, Blount, Candler, Dockery Dowd, Eure, Gaither,
Grist, Ramsay, Simpson, Sharpe, Slaughter, Spencer, Stubbs,
Thomas of Jackson, Thomas of Davidson, Whitaker, Walk-
up and Worth,—-22.
For Mr. Avery:—Messrs. Barringer, Copeland,Dobson, Fai¬
son, Gaither, Hall, Harris of Franklin, Harriss of Chatham,
Humphrey, Lane, Pitchford, Shaw, Simmons, Street, Stowe,
Taylor, of Brunswick, Waugh and Whitaker,—18.
For Mr. Brown :—Messrs. Adams, Blount, Copeland,
Eure, Grist, Ramsay, Simpson, Sharpe, Slaughter, Spencer,
Stubbs and Thomas of Davidson,—12.
For Mr. Cling-man :—Messrs. Arendell, Candler, Dickson,
Taylor of Granville, Thomas of Jackson, Watson, Waugh,
and Walkup,—8.
For Mr. Dortch: :—Messrs. Brown, Dowd, Faison, Harris
of Franklin, Humphrey, Lane and Worth,—7.
For Mr. Person :—Messrs. Dickson, Hall, Pitchford, Shaw,
Simmons and Stowe,—6.
For Mr. Davis :—Messrs. Dickson, Dockery, Harriss of
Chatham and Taylor of Brunswick,—4. ,
For Mr. Mordecai :—Messrs. Barringer, Street, Taylor of
Granville, and Watson,—4.
For Mr. Reid :—Mr. Bledsoe,—1.
Mr. Dowd, from the committee to superintend the election
of two Confederate States Senators, make the following
report. The whole number of votes cast was 137. Neces¬
sary to a choice, 69.
Of which Mr. Outlaw received 57 votes ; Mr. Dortch, 55 ;
Mr. Avery, 42 ; Mr. Person, 37 ; Mr. Clingman, 34 ; Mr.
Davis, 22; Mr. Brown, 8 ; Mr. Graham, 7 ; Mr. Rogers,
5 ; Mr. Bragg, 2 ; Mr. Smith, 1 j Mr. Donnell, 1 ; Mr.
Blue, 1; Ml*. Reid, 2. JASPER STOWE,
W. D. DOWD.
140
SENATE JOURNAL. [2nd. Ex. Sbs.
The question recurred upon Mr. Bledsoe's amendment to
the resolution to establish a Camp of Instruction, and the
yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Adams, Bledsoe, Blount, Copeland, Dickson, Hall,
Hairis of Franklin, Harriss of Chatham, Humphrey, Lane,
Pitchford, Simmons, Street, Taylor of Granville, Taylor of
Brunswick, Thomas of Jackson, Whitaker and Walkup,-—18.
Those who voted in the negative are :
Messrs. Arendell, Brown, Barringer, Candler, Dohson,
Dockery, Dowd, Eure, Faison, Gaither, Grist,- Ramsay,
Shaw, Simpson, Stowe, Sharpe, Slaughter, Spencer, Thomas
of Davidson and Waugh,—20.
So the amendment was rejected.
The question then recurred upon the amendment by Mr.
Copeland, and was decided in the negative.
The question then recurred upon the passage of the reso¬
lution the second time, and the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Adams, Arendell, Brown, Barringer, Blount,
Candler, Dohson, Dockery, Dowd, Eure, Gaither, Hall,
Harris of Franklin, Harriss of Chatham, Humphrey, Outlaw,
Ramsay, Shaw, Simpson, Stowe, Slaughter, Spencer, Stubbs,
Taylor of Brunswick, Waugh and Walkup,—25.
Those who voted in the negative are :
Messrs. Bledsoe, Copeland, Dickson, Lane, Pitchford,
Simmons, Street, Taylor of Granville, Watsopi and Whita¬
ker,—10.
So the resolution passed the second reading.
Mr. Thomas, of Jackson, now moved to amend as follows,
to wit:
Also continue the Camp of Instruction at Asheville, until
the 1st December, when it shall he discontinued ; and upon
this question Mr. Thomas demanded the yeas and nays.
Mr. Gaither moved to add to the amendment by 'Mr;
Thomas, after the word "December," the words " then to he
1861.]
SENATE JOURNAL.
141
continued or discontinued at the discretion of the Governor."
The amendment prevailed.
Mr. Bledsoe moved to lay the whole subject upon the table,
and demanded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Bledsoe, Lane, Pitchford, Taylor of Granville
and Watson,—5.
Those who voted in the negative are:
Messrs. Adams, Arendell, Brown, Barringer, Blount,
Candler, Copeland, Dickson, Dobson, Dockery, Dowd, Eure,
Faison, Gaither, Grist, Harris of Franklin, Harriss of Chat¬
ham, Humphrey, Outlaw, Ramsay, Shaw, Simmons, Simp¬
son, Street, Stowe, Sharpe, Slaughter, Spencer, Taylor of
Brunswick, Thomas of Jackson, Waugh, Whitker and
Walkup,—23.
The question then recurred upon the amendment of Mr.
Thomas, and was decided in the affirmative.
Mr. Bledsoe moved to amend as follows, to wit:
If it can be done consistent with the public interest, and
demanded the yeas and nays. .
Those who voted in the affirmative are :
Messrs. Brown, Bledsoe, Blount, Copeland, Dickson, Harris
of Franklin, Harriss of Chatham, Humphrey, Lane, Pitch-
ford, Simmons^ Street, Stowe, Taylor of Granville, Taylor of
Brunswick, Watson, Whitaker and Walkup,—18.
Those who voted in the negative are :
Messrs. Adams, Arendell, Barringer, Candler, Dobson,
Dockery, Dowd, Eure, Faison, Gaither, Grist, Outlaw,
Ramsay, Shaw, Simpson, Sharpe, Spencer and Waugh,—18.
The question was lost.
The question now recurred upon the passage of the reso¬
lution as amended, the third reading, and was decided in the
affirmative and ordered to be sent to the House for concur¬
rence.
Mr. Faison from the committee to superintend the election
cf two Confederate States Senators, reported as follows, to
wit:
142
SENATE JOURNAL. [2nd. Ex. Ses.
The committee appointed to superintend the election for
two Confederate States Senators, beg leave to report as fol¬
lows, to wit:
Whole number of votes cast, 133.
Necessary to a choice, 67.
Mr. Outlaw received 57 votes ; Mr. Dortli, 47 ; Mr. Avery,
45 ; Mr. Clingman, 37 ; Mr. Person, 39 ; Mr. Mordecai, 4;
Mr. Davis, 16 ; Mr. Reid, 2 ; Mr. Graham, 5 ; Mr. Gilmer,
1 ; Mr. Osborne, 1; Mr. Yance, 2 ; Mr. Rogers, 1; Mr.
Hill, 1,
All of which is respectfully submitted,
THOMAS I. FAISON,
L. Q. SHARPE.
Received a message from the House stating that the
Speaker of the House has signed the following bills, which
are herewith transmitted to the Senate for the signature of the
Speaker of that body, to wit:
An act to amend an act entitled an act to incorporate the
North Carolina Fibre Company, passed at the Session of
I860—'61;
An act to prevent the felling of timber in the waters of
Lisle's Creek in the county of Catawba ;
Resolution making it the duty of the Governor to direct
the Treasurer to issue coupon bonds of the State for $220,-
;°°;
Resolution in favor of Lieut. R. C. Duval ;
Resolution in favor of William Clark, of Beaufort ;
Resolution concerning the census of 1860 ;
An act to incorporate the town of Smithfield in the county
of Johnston;
An act concerning the Fayetteville and Northern Plank
Road Company;
An act in favor of A. B. Long, late Sheriff of Rutherford
county, and others;
An act to incorporate Melvin Hill Mining Company;
Resolution in favor of James G. Crawford ;
1861.]
SENATE JOURNAL.
143
Resolution in favor of L. H. Lawrence, Sheriff of Lincoln
county ;
An act to repeal the Stay Law;
An act concerning future requisitions of troops ;
Resolution in favor of H. H. Davidson ;
Resolution directing how the several Regiments of Troops
raised in the State shall he numbered ;
Resolution in favor of Benjamin Justice ;
Resolution in favor of Charles Byrd;
An act to authorize and empower David Lewis, and
others, sureties of John S. Willis, late Sheriff of Bladen
county to collect arrears of taxes;
Resolution to pay bounty money to soldiers;
Resolution in favor of Hiram Gunter;
Resolution in favor of H. J. Brown ;
An act authorizing a special company of Cavalry ;
A resolution to pay soldiers—
Whereupon the Speaker signed and ratified the same in
the presence of the Senate.
On motion of Mr. Simpson, the Senate took a recess until
4 o'clock.
Evening Session, 4 o'clock.
Mr. Hall introduced a resolution to authorize the Gover¬
nor to send Commissioners to Richmond, in regard to our sea
coast defense. The rules were suspended and the resolution
was read three several times, and Mr. Bledsoe moved that
the word " two" be stricken out, and the word " three" ad¬
ded. Mr. Outlaw moved that the pay be stricken out of
the resolution altogether.
Mr. Bledsoe now withdrew his amendment.
The amendment of Mr. Outlaw prevailed, and the resolu¬
tion passed and was ordered to be sent to the House for con¬
currence.
144
SENATE JOURNAL. [2nd. Ex. Ses
Received a message from the House stating that the House
had concurred in the Senate's amendment to H. R. 49—
resolution concerning Camp of Instruction.
It is ordered that a message he sent to the Senate propos¬
ing to go immediately into the election of two Confederate
States Senators, and that the two Houses continue to ballot
until two Senators are elected.
Mr. Thomas, of Jackson, moved to lay upon the table.
Upon the question to lay upon the table, the yeas and nays
were demanded.
Those who voted in the affirmative are :
Messrs. Adams, Barringer, Blount, Candler, Dobson,
Dockery, Eure, Gaither, Grist, Hall, Outlaw, Ramsay, Simp¬
son, Spencer, Stubbs, Thomas of Jackson, Waugh, Whita-
ker, Walkup and Worth,—21.
Those who voted in the negative are:
Messrs. Arendell, Bledsoe, Copeland, Dickson, Faison,
Harris of Franklin, Harriss of Chatham, Humphrey, Lane,
Simmons, Street, Stowe and Watson,—13.
So the proposition was laid on the table.
Mr. Worth introduced the following resolution, to wit:
Besolved, That a message be sent to the House proposing
that the two Houses each evening go into an election of two
Confederate States Senators, at o'clock, B. M., and that
the said night sessions be devoted exclusively to balloting
for two Confederate States Senators, and propositions con¬
nected therewith, until an election is effected.
Mr. Faison moved that the resolution be laid upon the
table, and demanded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Arendell, Bledsoe, Faison, Grist, Hall, Humphrey,
Lane, Simpson, Stubbs, Taylor of Granville, Taylor of Bruns ¬
wick, Thomas of Jackson, Watson and Whitaker,—14.
Those who voted in the negative are :
Messrs. Adams, Brown, Barringer, Blount, Gandlesr,
Copeland, Dickson, Dobson, Dockery, Eure, Gaither, Harris
1861
SENATE JOURNAL.
145
of Fnypklin, Harriss of Chatham, Outlaw, Ramsay, Sim¬
mons, Street, Sharpe, Spencer, Waugh, Walkup and
Worth,—22.
So the resolution was not laid upon the tahle.
Mr. Bledsoe moved to amend by saying that the Houses
go forthwith into an election , of two Confederate States
Senators, and demanded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Arendell, Brown, Candler, Copeland, Humphrey,
Lane, Simpson, Spencer, Stubbs, Thomas of Jackson, Wat¬
son, Waugh, Whitaker and Walkup,—14.
Those who voted in the negative are :
Messrs. Adams, Bledsoe, Barringer, Blount, Dickson,
Dobson, Dockery, Dowd, Eure, Faison, Gaither, Grist, Hall,
Harris of Franklin, Outlaw, Ramsay, Simmons, Street,
Stowe, Taylor of Granville, Taylor of Brunswick and
Worth,—22.
So the amendment did not prevail.
Mr. Arendell moved to strike out the word " evening" and!
insert the word " morning.'"
Mr. Lane moved to strike out the words " o'clock," and
and insert the words " 4 o'clock."
Mr. Bledsoe moved to lay the whole matter upon the table,,
and the motion prevailed.
The Senate resumed the consideration of the bill entitled
Revenue.
Mr. Barringer now moved to reconsider the vote by which
the substitute by Mr. Gaither to said bill was rejected, and
Mr. Street moved to lay the motion to reconsider on the ta¬
ble, and the yeas and nays were demanded.
Those who voted in the affirmative are:
Messrs. Brown, Bledsoe, Blount, Eure, Faison, Harris of
Franklin, Harriss of Chatham, Humphrey, Lane, Pitchford,
Simmons, Street, Spencer, Taylor of Granville,- Taylor of
Brunswick, Watsoii, Whitaker, Walkup and Worth,—19.
Those who voted in the negative are:
10
146
SENATE JOURNAL.
[2nd. Ex. Se-s.
Messrs. A lams, Arendell, Earringer, Candler, Copeland,
Dickson, Dobson, Dowd, Gaither, Grist, Hall, Outlaw,
Ramsay, Simpson, Stowe, Sharpe, Stubb3, and Waugli,—18.
So the motion to lay upon the table prevailed.
Received a message from the House, stating that the
House had passed the Senate resolutions in regard to the ap¬
pointment of Commissioners with an amendment, to wit:
Strike out the word " three" and insert the word ££ two,"
and the Senate concurred in said amendment, and said reso¬
lution was ordered to be enrolled.
Received a message from His Excellency, the Governor,
transmitting certain Executive documents in regard to the
Treasury , and proposing that a joint committee be raised in
regard to the subject matter of communication.
Received a message from the House transmitting a corn-
communication in regard to the evacuation of Fort Ocracoke,
which, on motion, was referred to the Committee on Military
Affairs.
Also, a communication from the Military Secretary, in re¬
gard to the capture of Fort Hatteras, which, on motion by
Mr. Outlaw, was read in secret session.
On motion the doors were opened and the Senate resumed
business in open session.
Mr. Taylor of Granville, moved to adjourn until 9 o'clock',
to-morrow, and the question was decided in the a ffirmative*
FRIDAY, September 13th, ISM.
The Senate met at 9 o'clock.
The Journal was read and approved.
Mr. Humphrey, from the Committee on Corporation#, re*
ported back the bill to incorporate Wirt Green Mining Com-*
pany, and recommended its passage.
Mr. Thomas, of Jackson, from, the Committee on Internal-
Improvements, reported back the bill to provide for the com-
1-881.]
SENATE JOURNAL.
147
pletion of the Western Turnpike, and reported a substitute
for the original bill, which was read, and
Mr. Thomas asked for the printing of the report and bill,
and demanded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Adams, Arendell, Barringer, Candler, Dowd,
Fhison, Hall, Harris of Franklin, Harriss of Chatham, Lane,
Outlaw, Pitcliford, Simmons, Simpson, Stieet, Taylor of
Granville, Taylor of Brunswick, Thomas of Jackson and
Whitaker—19.
Those who voted in the negative are:
Messrs. Brown, Blount, Copeland, Dickson, Dobson, Euro,
Grist, Humphrey, Ramsay, Shaw, Stowe, Sharpe, Spencer,
Stubbs, Watson, Waugh and Walkup—17.
So the question was decided in the affirmative.
Mr. Hall, from the Committee on Military Affairs, reported
back the following bills, and recommended as follows, to \4it:
A bill supplemental to a bill to raise 10,000 State troops,
and recommended the passage of said hill.
A resolution authorizing Thos. Craige and others to enslave
themselves, and recommended that said bill do not pass.
A resolution requesting the appointment of Col. Martin
as a Brigadier General, and asked to be discharged from the
further consideration of the subject.
The hill to authorize the Governor to muster into the ser¬
vice of the State a battalion of Cherokees, and, with amend¬
ment, recommended its passage.
Mr. Hall, from the Judiciary Committee, reported back
the bill to amend the 13th section of the 10th chapter of the
Revised Code, entitled Sheriffs, and recommended its passage.
Mr. Sharpe introduced a bill to appoint transportion agents,
which was read the first time and passed. (
On motion of Mr. Sharpe, the rules were suspended, and
said bill was read the second and third times, passed", and was
ordered to be engrossed.
148
SENATE JOURNAL. [2nd Ex. Ses
Mr. Arendell moved to refer said bill to the Committee on
Military Affairs.
Mr. Copeland moved to take up the resolution in regard to
the appointment of Assistant Surgeons.
The Senate refused to take up the resolution.
Mr. Ramsay introduced a bill to appoint a drill master for
the several counties of this State, which was read the first
time and referred to the Committee on the Militia.
Mr. Worth introduced a bill to incorporate the Deep River
Powder Manufacturing Company, which was read the first
time and referred to the Committee on Corporations.
Received a message from the House, proposing to go forth¬
with into ail election of twro Confederate State Senators, which
proposition was agreed to; whereupon the Speaker appointed,
to superintend said election, Messrs. Harris, of Franklin, and
Sharp; and thereupon the Senate proceeded to yote hs fol¬
lows, to wit:
For Mr. Outlaw.—Messrs. Adams, Arendell, Brown,
Blount, Candler, Dockery, Dowd, Eure, Gaither, Grist, Ram¬
say, Simpson, Sharpe, Slaughter, Spencer, Stubbs, Thomas of
Davidson and Worth,—18.
For Mr. Avery.—Messrs. Speaker, Barringer, Dobson,,
Faison, Gaither, Hall, Harris of Franklin, Harriss of Chat-v
ham, Humphrey, Lane, Pitchford, Shaw, Street, Stowe, Tay¬
lor of Brunswick, Waugh and Whitaker,—11.
For Mr. Mordecai.—Messrs. Arendell, Bledsoe, Barringer,
Blount, Harriss of Chatham, Street, Sharpe, Taylor of Gran¬
ville, Thomas of Davidson, Watson, Whitaker and Walk-
up,—12.
For Mr. Clingman.—Messrs. Candler, Copeland, Dickson,
Dobson, Slaughter, Taylor of Granville, Watson and
Waugh,—8.
For Mr. Dortch.—Messrs. Brown, Faison, Harris of Frank¬
lin, Humphrey, Lane, Spencer and Worth,—
For Mr. Person.—Messrs. Speaker, Dickson, Dowd, Hall,
Pitchford and Shaw,—6.
1861.] SENATE JOURNAL.
149
For Mr. Davis.—Messrs. Eure, Stowe, Taylor of Bruns¬
wick and Walkup,—4.
For Mr. Brown.—Messrs. Grist, Stubbs and Ramsay,—3.
For Mr. Reid.—Messrs. Adams and Simpson,—2.
For Mr. Smith.—Mr. Copeland,—1.
For Mr. Bragg.—Mr. Bledsoe,—1.
For Mr. Graham.—Mr. Dockery,—1.
Received a message from the House, stating that the House
had passed the following bills and resolutions, in which the
concurrence of the Senate is asked:
Resolution in favor of E. P. Sherill and others; .
A bill to allow Janett Wright to enslave herself;
A bill to allow Theopholus King to enslave himself;
A bill to authorize the'erection of an iron and brass foun¬
dry and rolling mill;
Resolution in favor of H. H. Holden, of Anson county;
Resolution in favor of Achilles Knight, of Anson county;
Resolution in favor of Maranda Curlee, of Anson county;
A bill allowing John Phillips, a free negro, to enslave
himself—
Which were read the 1st time, passed, and acted upon as
follows, to wit:
The bill to allow Janett Wright to enslave herself was re¬
ferred to the Committee on the Judiciary ;
The bill to allow Theopholus King to enslave himself was
referred to the Committee on the Judiciary ;
Ttie resolution in favor of E. P. Jones was referred to the
Committee on Claims ;
The bill to allow John Phillips to enslave himself was re¬
ferred to the Committee on the Judiciary ;
The resolution, in favor of sundry claims before the Com¬
mittee of Claims was read the first time and passed.
The bill to incorporate the North Carolina Chemical Man¬
ufacturing Company was read the first time and passed.
The bill to incorporate the Fayetteville and Florence Rail¬
road Company was read the first time and passed.
150
SENATE JOURNAL. [2nd. Ex. Ses.
Mr. Gaither moved that a message he sent to the House,
proposing to go into an election on Monday next, for a Gov¬
ernor to fill the unexpired term of his Excellency John W.
Ellis, deceased, and upon this question the yeas and nays
were demanded.
Pending vote, received a message from the House, propo¬
sing to go forthwith into an election of two Confederate States
Senators.
Pending concurrence, Mr. Sharpe, from the committee to
superintend the election of two Confederate States Senators,
reported as follows, to wit:
The undersigned being appointed a committee to superin¬
tend the election of Confederate States Senators, on the part
of the Senate, beg leave to report^s follows, to wit:
Whole number of votes cast, 134. Necessary to a choice, 68. -
Of which number Mr. Dortch received 46; Mr. Thos.
Clingman, 41 ; Mr. W. W. Avery, 37 ; Mr. D. Outlaw, 29 ;
Mr. S. Person, 24 ; Mr. G. Mordecai, 20 ; Mr. G. Davis, 28 ;
Mr. B. Brown, 4 ; Mr. D. S. Keid, 2 ; Mr. W. A. Graham,
17 ; Mr. "W. N. H. Smith, 1 ; Mr. Thos. Bragg, 6 ; Mr. S.
H. Rogers, 8 ; Mr. Z. Vance, 1 Mr. J. A. Gilmer, 2 ; Mr.
R. P. Dick, 1Mr. E. G. Reade, 1.
Respectfully submitted,
L. Q. SHARPE.
W. HARRIS.
The question then recurred upon the concurrence in the
proposition to go forthwith into an election of two Confederate
States Senators, and was decided in the affirmative ; where¬
upon, under the superintendence of Messrs. Ramsay and
Barringer, the Senata voted as follows, to wit:
For Mr. Outlaw.—Messrs. Adams, Arendell, Brown,
Blount, Candler, Dockery, Dowd, Eure, Faison, Gaither,
Grist, Ramsay, Simpson; Sharpe, Slaughter, Spencer, Stubhs,
Whitaker, Walkup and Worth,—20.
For Mr. Avery.—Messrs. Speaker, Barringer, Copeland,
Dobsen, Gaither, Hall, Harris of Franklin, Humphrey,
1861.]
SENATE JOURNAL.
151
Lane, Pitchford, Simmons, Street, Stowe, and Taylor of
Brunswick,—14.
For Mr. Davis.—Messrs. Speaker, Arendell, Bayinger,
Copeland, Dickson, Dobson, Hall, Harriss of Chatham,
Humphrey, Street, Stowe, Taylor of Granville, Taylor of
Brunswick and Waugh,—14.
For Mr. Clingman.—Messrs Candler, Dickson, Shaw, Tay¬
lor of Granville, Thomas of JacksoD, Watson, Waugh and
Whitaker,—8.
For Mr. Brown.—Messrs-. Adams, Blount, Eure, Outlaw,
Ramsay, Simpson, Stubbs and Walkup,—8.
For Mr. Dortch.—Messrs. Brown, Dowd, Faison, Grist,
Harris of Franklin, Lane and Spencer,—7.
For Mr. Bragg.—Messrs. Bledsoe, Pitchford and Sim¬
mons,—3.
For Mr. Mordecai.—Messrs. Harris of Franklin and Wat¬
son,—2.
For Mr. Donnell.—Messrs. Outlaw and Sharpe,—2.
. For Mr. Craige.—Mr. Thomas of Jackson,—1.
For Mr. Morehead.—Mr. Shaw,—1.
For Mr. Smith.—Mr. Slaughter,—1.
For Mr. Graham.—Mr. Worth,—1.
For Mr. Rogers.—Mr. Dockery,—1.
For Mr. Beid.—Mr. Bledsoe,—1.
The question now recurred upon the proposition by Mr.
Gaither, to send a message to the House, proposing to go
into an election of a Governor, on Monday next at 11 o'clock.
Pending discussion, Mr. Barringer, from the committee to
superintend the election of two Confederate States Senators,
reported as follows, to wit:
The Senate branch of the committee to superintend the
election for two Confederate States Senators, report as follows:
Whole number of votes cast, 134. Necessary to a choice,
68. George Davis received, 79; T. L. Clingman, 45; W.
T. Dortch, 36; W. W. Avery, 31; David Outlaw, 26; B.
Brown, 11; S. J. Person, 8; W. A. Graham, 9; S. H.
152
SENATE JOURNAL. [2nd. Ex. Ses.
Rogers, 7 ; G. W. Mordecai, 3 ; R. S. Donnell, 3; Thos.
Bragg, 3.
Tl^ following gentlemen received one vote each, to wit:
Lewis Thompson, J. A. Gilmer, J. W. Alspaugh, D. S.
Reid, B. Craig, W. N. H. Smith, J. M. Morehead.
Geo. Davis having received a majority of the votes cast, is
declared duly elected.
VICTOR C. BARRINGER,
JAMES G. RAMSAY,
Committee.
Received a message proposing to go forthwith into an elec¬
tion of one Confederate States Senator. The message was
agreed to.
Mr. Stubbs now withdrew the name of the Hon David
Outlaw, and a message was ordered to be sent, announcing
said withdrawal; whereupon the Senate proceeded to vote
under the superintendence of Messrs. Faison and Arendell,
as follows, to wit:
For Mr. Avery.—Messrs. Speaker, Arendell, Barringer,
Dobson, Gaither, Hall, Harris of Chatham, Humphrey, Lane,
Pitcliford, Shaw, Simmons, Street, Stowe, and Taylor of
Brunswick,—15.
For Mr. Dortcii.—Messrs. Adams, Brown, Bledsoe, Blount,
Dockery, Dowd, Eure, Faison, Grist, Harris of Franklin,
Simpson, Slaughter, Spencer, Thomas of Davidson, Walkup
and Worth,—16.
For Mr. Clingman.—Messrs. Candler, Copeland, Dicksori,
Taylor of Granville, Thomas of Jackson, Waugh and Whit-
aker,—7.
For Mr. Brown.—Messrs. Ramsay, Sharpe and Stubbs,—3.
The question again recurred upon the proposition by Mr.
Gaither, to send a message.
Mr. Bledsoe moved to lay the proposition on the table, and
demanded the yeas and nays.
Mr. Arendell, from the committee to superintend the elec¬
tion of one Confederate States Senator, reported as follows,
to wit:
1861.]
SENATE JOURNAL.
153
The committee appointed to superintend the election of
one Confederate States Senator, beg leave to make the follow¬
ing report:
Whole number of votes cast, 134. Necessary to a choice,
68. Of which W. T. Dortch received, 71; Hon. W. W.
Avery, 34; Hon. T. L. Clingraan, 26; Hon. B. Brown, 3.
W. T. Dortch having received a majority of all the votes
cast is duly elected. T. I. FAISON,
for the Committee.
Mr. Dobson asked and obtained leave of absence for the
Senator from Richmond county, from and after to-day.
On motion, the Senate took a recess until 4 o'clock.
Evening Session, 4 o'clock.
The question was upon the. motion by Mr. Bledsoe, to lay
on the table the motion by Mr. Gaith6r, to send a message to
the House, proposing to the General Assembly, on Monday
next, to go into an election of a Governor, to fill the unex¬
pired term of J. W. Ellis, deceased ; and upon this question
the yeas and nays were demanded.
Mr. Outlaw moved that the further consideration of the
question be postponed, and made the^ special order for 10
o'clock to-morrow.
Mr. Hall, from the Committee on Military Affairs, reported
back the Executive communication in regard to the evecua-
tion of Fort Ocracoke, and asked to be discharged from fur¬
ther consideration of the subject, and asked that said com¬
munication be referred to the joint select committee in regard
to said subject; which was agreed to.
The unfinished business was now taken up, to wit: the
further consideration of the bill entitled Revenue, and Mr.
Candler moved that said bill be indefinitely postponed, and
upon this question the yeas and nays were demanded.
Those who voted in the affimative are :
154
SENATE JOURNAL. [2nd. Ex. Sks.
Messrs. Brown, Barringer, Candler, Dobson, ' Gaither,
Pitchford, Shaw, Simpson, Stowe, Sharpe, Thomas of Jack¬
son, Thomas of Davidson and Waugh,—13.
Those who voted in the negative are:
Messrs. Adams, Arendell, Bledsoe, Blount, Copeland, Dick¬
son, Eure, Faison, Hall, Harris of Franklin, Harriss of
Chatham, Lane, Outlaw, Simmons, Street, Slaughter, Spen¬
cer, Stubbs, Watson, Whitaker, Walkup and Worth,—22.
So the motion to postpone did not prevail.
The question now recurred upon the amendment by Mr.
Pitchford to the amendment by Mr. Bledsoe, which was to
strike out the words "which he may owe in this State, and
further and upon this question the yeas and nays were de¬
manded.
Those who voted in the affirmative are :
Messrs. Adams, Barringer, Blount, Dobson, Faison,
Gaither, Hall, Harris of Franklin, Harriss of Chatham,
Humphrey, Outlaw, Pitchford, Shaw,Simpson,Street, Stowe,
Spencer, Stubbs, Taylor of Brunswick, Thomas of Davidson,
Waugh and Worth,—22.
Those who voted in the negative are:
Messrs. Arendell, Brown, Bledsoe, Candler, Copeland,
Eure, Grist, Lane, Simmons, Sharpe, Slaughter, Thomas of
Jackson, Whitaker and Walkup,—15.
So the amendment to the amendment was adopted.
The question then recurred upon the amendment by Mr.
Blodsoe, and the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Bledsoe, Pitchford, Simmons, Street and Slaugh¬
ter,—5.
Those who voted in the negative are :
Messrs. Adams, Brown, Barringer, Blount, Candler, Cope¬
land, Dickson, Dobson, Eure, Faison, Gaither, Hall, Harris
of Franklin, Harriss of Chatham, Humphrey, Lane, Outlaw,
Shaw, Simpson, Stowe, Sharpe, Spencer, Stubbs, Taylor of
1861.]
SENATE JOURNAL.
155
Brunswick, Thomas of Jackson, Thomas of Davidson, Wat¬
son, Waugh, Whitaker, Walkup and Worth,—31.
So the amendment was rejected.
On motion by Mr. Arendell, the Senate adjourned until 9
o'clock to-morrow.
SATURDAY, September 14th, 1861.
The Senate met at the usual hour. The Journal was read
and approved.
Mr. Slaughter asked and obtained leave of absence for the
Senatoi from Carteret from and after to-day.
Mr. Taylor of Brunswick asked and obtained leave of ab¬
sence for the Senator from Caswell from and after to-day.
Mr. Lane asked and obtained leave of absence for the Sen¬
ator from Cumberland, from and after to-day.
Mr. Pitchford, from the Committee on Corporations, re¬
ported back the bill to incorporate the Deep River Powder
Company, and recommended its passage with amendment.
Mr. Hall, from the Committee on the Judiciary, reported
back the bill to repeal the 6th section of the 33d chapter, Re¬
vised Code, and recommended that said bill do not pass.
Also the bill to authorize free negroes to go into volunteer
servitude, and recommend that said bill do not pass.
Received a message from the House, stating that the House
have passed the following bills in which the concurrence of
the Senate is asked:
A bill to amend the act incorporating the town of Morgan-
ton, &c. ;
Resolution concerning Public Printing and Binding;
Resolution to encourage the manufacture of Rifles ;
A bill to authorize the Governor to call on volunteers ;
A bill to authorize Officers to impress certain persons into
the service of their companies ;
156
SENATE JOURNAL. [2nd. Ex. Ses.
A bill to amend section 2d, chapter 34th, of the Revised
Code, entitled " Crimes and Punishments
A bill allowing Elizabeth Chavers to enslave herself and
child]
A bill to authorize the organization of the 11th Regiment
of State Troops, and for other purposes;
Resolution in favor of B. F. Foster, of Bunombe county;
Resolution in favor of G-. F. Whitfield ;
, A bill to amend Revised Code, chapter 80th, section 1st,
entitled " Overseers;"
A resolution concerning the sending of Commissioners to
Richmond.
Also, that the House asked concurrence in amendment to
the bill to incorporate Rich Fork Mining Company.
All of which bills and resolutions were read the first time
and passed, and the following bills were referred as follows,
to wit:
The bill to authorize the 11th Regiment of State Troops, to
the Committee on Military Affairs;
The bill to amend section 2d, chapter 34th, of the Revised
Code, entitled " Crimes and Punishments," was referred to
to the Committee on the Judiciary;
The resolution in favor of G-. F. Whitfield, was referred to
the Committee on Claims ;
The bill to amend the Revised Code, chapter 80th, section
1st, entitled " Overseers," was referred to the Committee on
the Judiciary.
The amendment to the bill to incorporate the Rich Fork
Mining Company, was concurred in.
Mr. Stowe moved that the rules be suspended, and the res¬
olution to pay sundry claims be read the third time and acted
on, and demanded the yeas and nays.
Those who voted in the affirmative are:
/
Messrs. Adams, Brown, Bledsoe, Barringer, Blount, Can¬
dler, Capeland, Dickson, Dobson, Dowd, Faison, Gaither,
Grist, Harriss of Chatham, Humphrey, Lane, Simmons,
1861.]
SENATE JOURNAL.
157
Simpson, Street, Stowe, Slaughter, Spencer, Taylor of
Brunswick, Thomas of Jackson, Thomas of Davidson, Wat¬
son, Whitaker and Walkup,— 28.
Those who voted in the negative are :
Messrs. Hall, Harris of Franklin, Outlaw, Shaw, Sharpe,
Stubbs, Waugh and Worth,—8.
So the rules were suspended, and said bill was read puooos
and third time.
Mr. Hall offered the following amendment, to wit:
And insert the words and figures following: "Western
North Carolina Rail Road, $1,9.89.50."
, Mr. Hall now moved to refer to the Committee on Claims,
which Was decided in the negative.
The question now recurred-upon the adoption of the amend¬
ment, and the question was decided in the negative.
The question then recurred upon the passage of the resolu¬
tion the third time and was decided in the affirmative, and
it was ordered to be enrolled.
The Speaker announced that Messrs. Hall, Gaither and
Street, would constitute the Senate branch of the joint com¬
mittee in regard to the Treasury.
Mr. Taylor, of Brunswick, moved to reconsider the vote by
which the Senator from Caswell was granted leave of absence
from and after Monday next, and the motion prevailed. The
motion to grant leave to said Senator was now withdrawn.
The resolution in favor of E. P. Jones and others, was
read the second and thi rd times, passed and was ordered to
be enrolled.
Also, the resolution in favor of officers and soldiers cap¬
tured on our coast, was read second and third times, passed
and was ordered to be enrolled.
Sundry appointments for Justices were agreed to.
The question before the Senate was the unfinished busi¬
ness of yesterday, which was the further consideration of
the motion by Mr. Gaither, to send a message to the HouSe
i proposing to go into an election, on Monday next, of a Gover-
158
SENATE JOURNAL. [2nd. Ex. Ses.
nor, and the question was upon the motion by Mr. Bledsoe,
to lay the motion to send a message on the table.
Mr. Bledsoe now withdrew his motion to lay upon the table.
Mr. Brown now renewed the motion to lay upon the table,
and the yeas and nays were demanded.
Those who voted in the affirmative are:
Messrs. Brown, Bledsoe, Candler, Copeland, Dickson, Dob-
son, Faison, Hall, Harris of Franklin, Harriss of Chatham,
Humphrey, Lane, Pitchford, Shaw, Simmons, Simpson,
Street, Stowe, Taylor of Brunswick, Watson, Whitaker
and Walkup,—22.
Those who voted in the negative are :
Messrs. Adams, Barringer, Blount, Dowd, Gaither, Grist,
Outlaw, Sharpe, Slaughter, Spencer, Stuhhs, Thomas of
Jackson, Turner, Waugh and Worth,—15.
So the motion to lay on vthe table prevailed.
Mr. Stubbs moved that the House now proceed to the fur¬
ther consideration of the hill entitled " Revenue," and the
motion prevailed.
The question was upon the adoption of the 12th section,
as amended.
Mr. Copeland moved to amend as follows, to wit:
In the 8th line, 12th section, after the word " number,"
insert " of his or her slaves, whose value shall he listed in
classes as follows, to wit:
All under 6 years of age, the value at $100.
All between 6 and 12 years of age, $200.
All between 12 and 18 years of age, $300.
All between 18 and 24, $400.
All between 24 and 36, $500.
All between 36 and 42, $400.
All between 42 and 48, $300.
All between 48 and 54, $200.
All between 54 and 60, $100.
All over 60 years shall he held valueless."
Mr. Street moved to amend the amendment by Mr. Cope¬
land, as follows, to wit:
1861.] SENATE JOTJENAL.
159
Provided, That malt? slaves shall be valued at 33} per
cent, higher than the above rates.
The amendment to the amendment, by Mr. Street, was re¬
jected.
Mr. Barringer moved to amend the amendment by Mr.
Copeland, as follows, to wit:
Amend as follows, "All slaves shall be listed, as follows-?
All slaves under 6 years of age, at the value of $300.
All between 12 and 18, $600.
All between 24 and 36, $700.
All between 36 and 42, $700.
All between 42 and 48, $600.
All between 48 and 54, $500.
All between 54 and 60, $400.
And all over 60 years of age shall be considered valiiless;"
and upon this question the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Bledsoe, Barringer, Blount, Dowd, Stowe, Spen¬
cer, Walkup and Worth,—:8.
Those who voted in the negative are :
Messrs. Adams, Brown, Candler, Copeland, Dickson,
Dobson, Faison, Gaither, Grist, Hall, Harris of Franklin,
Harriss of Chatham, Humphrey, Lane, Outlaw, Pitchford,
Shaw, Simpson, Simmons, Street, Sharpe, Slaughter, Stubbs,
Taylor of Brunswick, Turner, Watson, Waugh and Whit-
aker,—28.
So the-amendment to the amendment did not prevail.
The question now recurred upon the amendment by Mr.
Copeland, and the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Copeland, Dickson, Hall, Lane, Outlaw, Pitch-
ford, Shaw, Simmons and Street,—9.
Those who voted in the negative are:
Messrs. Adams, Brown, Bledsoe, Barringer, Blount, Can¬
dler, Dobson,, Dowd, Faison, Graither, Grist, Harris of
Franklin, Harriss of Chatham, Humphrey, Simpson, Sto we,
160
SENATE JOURNAL. [2nd. Ex. Ses.
Sharpe, Slaughter, Spencer, Stubbs, Taylor of Brunswick,
Turner, Watson, Waugh, Whitaker, Walkup and Worth,
—27.
The amendment was rejected.
Mr. Grist moved to amend as follows, to wit:
Strike out all after the word " slaves," in the 9tli line,
tloWn to the word " separately," at the end of the 15th line.
Mr. Lane moved to amend as follows, to wit:
Strike out all after the word " stock," in the 10th line?
to the word u products" in the 14th line; and the yeas and
nays were de ma acted.
Mr. Lane now withdrew his amendment, and the question
was upon the amendment by Mr. Grist, and the yeas and
nays were demanded. .
Those who voted in the affirmative are :
Messrs. Adams, Bledsoe, Barringer, Blount, Candler,
Copeland, Dickson, Dobson, Dowd, Faison, Gaither, Grist,
Hall, Harris of Franklin, Harriss of Chatham, Humphrey,
Outlaw, Shaw, Simpson, Street, Stowe, Sharpe, Slaughter,
Spencer, Stubbs, Taylor of Brunswick, Thomas of Jackson,
Turner, Waugh, Walkup and Worth,—32.
Those who voted in the negative are :
Messrs. Brown, Lane, Pitchford, Simmons, Watson and
Whitaker,—6.
So the amendment was adopted.
On motion by Mr. Barringer, the further consideration of
said bill was postponed until 10 o'clock on Monday next.
On motion by Mr. Slaughter, the Senate took a recess un¬
til 3^ o'clock.
Evening Session, 4 o'clock, P. M.
Received a message stating that the House had passed an
engrossed bill from the Senate, entitled a bill to provide
ways and means for the defence of the State, with an amend
ment, which amendment was concurred in.
861.]
SENATE JOURNAL.
161
Also that the House had passed the following engrossed
resolutions, and asked the concurrence of the Senate in the
same, which were read and acted on as follows, to wit:
The resolution in regard to the inspection of troops, was
read the 1st time and referred to the Committee on Military
Affairs;
The resolution to give the Governor additional clerical
force, was read three several times, passed and was ordered
to he enrolled;
The resolution authorizing the Governor to establish a
Military Camp was read the 1st time, passed, and Mr. Tay¬
lor, of Brunswick,, moved to refer to the Committee on Mili¬
tary Affairs, and upon this question the yeas and nays wero
demanded.
Those who voted in the affirmative are :
Messrs. Adams, Bledsoe, Candler, Dickson, Dobson, Fai-
son, Gaither, Hall, Harriss of Chatham, Simmons, Slaugh¬
ter, Spencer, Thomas of Jackson and Waugh,—14.
Those who voted in the negative are:
Messrs. Blount, Copeland, Harris of Franklin, Humphrey,
Outlaw, Street, Stubbs, Taylor of Brunswick, Turner, Whit-
aker, Walkup and Worthy—12.
So the Senate refused to suspend the rules.
The bill to exempt certain persons from military duty,
was read the first time and passed.
The bill to ohangc the line between Jackson and Macon
counties was read the first time and passed.
On motion by Mr, Outlaw, the Senate adjourned until 9
o'clock, Monday next.
MONDAY, September 16th, 1861.
The Senate met at 9 o'clock, The Journal was read and
approved.
Mr. Turner introduced the following resolution, to wit:
11
162
SENATE JOURNAL. [2nd. Ex Ses.
Resolved;, By the Senate, the House concurring, that in
the opinion of this General Assembly, the people of North
Carolina have adopted and given their sanction to the Con¬
federate Constitution, with the express understanding that
the State, (a majority of the citizens desiring it,) can at any
time peaceably withdraw from said Confederacy by an Or¬
dinance of Secession, thereby resuming her independence and
sovereignty.
The resolution was read and ordered to be placed on the
file.
Mr. Gaither moved to reconsider the vote by which the
Senate on Saturday last concurred in the amendment by the
House, to the bill entitled a bill to provide for the defence of
the State, which motion prevailed.
And the question now recurred upon the adoption of the
amendment to said bill, and Mr. Stubbs demanded the yeas
and nays.
Those who voted in the affirmative are:
Messrs. Barringer, Candler, Dobson, Dowd, Gaith¬
er, Harriss of Chatham, Humphrey, Lane, Ramsay,
Sharpe, Slaughter, Stubbs, Turner, Watson and Waugh,
—15.
Those who voted in the negative are :
Messrs. Arendell, Bledsoe, Blount, Copeland, Dickson,
Eure, Faison, Grist, Hall, Harriss of Franklin, Pitchford,
Simpson, Street, Spencer, Taylor of Brunswick, Thonias of
Jackson, Whitaker, Walkup and Worth,—19.
So the Senate refused to concur in said amendment.
The resolution concerning Quarter and Paymaster's De¬
partment, was now read the third time, and pending passage,
The yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Arendell, Bledsoe, Barringer, Blount, Candler,
Copeland, Dickson, Dobson, Dowd, Eure, Faison, Gaither,
Grist, Hall, Harris of Franklin, Harris of Chatham, Hum¬
phrey, Lane, Pitchford, Simmons, Simpson, Street, Slaugh-
1861.]
SENATE JOURNAL.
163
ter, Spencer, Taylor of Brunswick, Thomas of Jackson, Wat¬
son, Waugh, Wkitaker and Walkup,—30.
Those who voted in the negative are :
Messrs. Ramsay, Stubbs, Turner and Worth,—4.
So the bill passed the third reading, and was ordered to be
engrossed.
The resolution in favor of certain officers and men captured
in Fort Hatteras, was read the third time, and indefinitely
postponed.
The resolution concerning Court of Inquiry was read the
first time and passed.
On motion by Mr. Humphrey, the special order was post¬
poned until 12 o'clock.
Mr. Humphrey now moved that a proposition be sent to
the House, proposing to raise a joint select committee to wait
upon the Secretary of the State, and ask the withdrawal of
the bill entitled a bill to change the jurisdiction of the
courts and the rules of pleading, with the view of correcting
certain clerical errors in said bill, and the motion was
agreed to.
Received a message from the House, stating the Speaker of
the House had signed the following enrolled bills.
An act to revive and continue in force, an act entitled an
act to incorporate the Cheraw and Coalfields Railroad Com¬
pany, passed at the session of 1856-% chapter 66;
Resolution concerning Camp of Instruction ;
Resolution in favor of Valentine and Daniel;
An act to alter the rules of evidence as applicable to In¬
dians;
Resolution in favor of the Speaker of the Senate ;
An act giving a Superior Court to the counties of Transyl¬
vania and Mitchell;
An act to punish trading with the enemy;
Resolution to collect and repair fire-arms;
Resolution in favor of Charles Gr. Mitchell;
164
SENATE JOURNAL. |>d. EX. SE3.
An act relative to the school district, number 40, in the
county of Burke.
Whereupon, the Speaker signed and ratified the same in
' the presence of the Senate.
The bill for the relief of Calvin McDaniel, was read the
first time and referred to the Committee on the Judiciary.
Received a message from the House, asking concurrence in
sundry appointments of, Justices, which was agreed to.,
Also, that the House had receded from its amendment to
the hill, to provide ways and means for the defence of the
State.
The resolution to authorize the Governor to appoint assis^
tant surgeons for our regiments, was read the third time, and
Mr. Whitaker moved to lay said resolution on the table,
andvdeiharide<rthe yeas and nays.
Those who voted in the affirmative are :
Messrs. Candler, Grist, Outlaw, Sharpe, Stubbs, Whit¬
aker, Walkupand Worth,—8.
Those who voted in the negative are :
Messrs. Arendell, Bledsoe, Barringer, Blount, Copeland,
Dickson, Dobson, Eure, Faison, Gaither, Hall, Harris of
Franklin, Harriss of Chatham, Lane, Pitchford, Ramsay,
Simmons, Simpson, Street, Taylor of Brunswick, Turner
and Waugh,—23.
So the Senate refused to lay upon the table.
The Speaker announced that Messrs. Copeland, Candler,
and Harriss of Chatham, would constitute the Committee
on the part of the Senate, the present week, on enrolled
bills.
The question now recurred upon the passage of the resolu¬
tion the third time, and Mr. Pitchford moved to amend as
^follows, to wit:
That said assistant surgeons shall be appointed by. and
with the consent of the Stirgeon General of the Confederaie
States.
1861.]
SENATE JOURNAL.
165
Pending vote, Mr. Turner offered a substitute for said
resolution.
Pending discussion, the special order intervened, to wit":
The further consideration of the bill entitled J (rRevenue,"
and the question was on the adoption of the 12th section as
amended, and Mr. Worth moved to insert as follows, to
wit:
After the word "slaves," insert "horses, muleSj jen¬
nets, jacks, and neat cattle:—the value of his furniture
not specificially and especially taxed, but not setting forth
each item of such furniture,—the number and value of his
ships, boats, and other water craft,—the number and value
of his wagons, and portable threshing machines,—the val¬
ue of his agricultural and manufacturing products, except¬
ing provisions of support of his family, not numerating or
specifying each article of product."
Mr. Stubbs moved to amend the amendment by Mr.
Worth, by adding after the word " water craft," the word,
"of the value of $50 or upwards," and the amendment
was adopted.
Mr. Outlaw moved to amend the amendment by Mr.
Worth, as follows: Strike out all after the word "ma¬
chines," and demanded the yeas and nays.
Those who voted in the affirmative are:
Messrs. Arendell, Bledsoe, Barringer, Blount, Candler,
Copeland, Dickson, Dobson, Dowd, Eure, Faison, Gaither,
Grist, Hall, Harris of Franklin, Harriss of Chatham, Hum¬
phrey, Lane, Outlaw, Pitchford, Ramsay, Simmons, Simp¬
son, Sharpe, Slaughter, Spencer, Stubbs, Taylor of Bruns¬
wick, Thomas of Jackson, Turner, Watson, Waugh and
Worth,—33.
Those who voted in the negative are:
Messrs. Street and Walkup/—2.
On motion of Mr. Ramsay, all after the word " cattle"
was stricken out, down to the word " furniture," and upon
166
SENATE JOURNAL. I?ND* ®E3,
this question the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Blount, Candler, Copeland, Dickson, Dobson,
Dowd, Faison, Gaither, Hall, Humphery, Lane, Ramsay,
Simpson, Sharpe, Slaughter, Spencer, Taylor of Brunswick,
Thomas of Jackson, Turner, Watson, and Waugli,—21.
Those who voted in the negative are :
Messrs. Bledsoe, Barringer, Eure, Harris of Franklin,
Pitchford, Simmons, Street, Whitaker, Walkup and Worth,
—10.
Mr. Sharpe moved to amend by adding after the word
'•Machines" the words " that thrash for toll."
The amendment was not adopted.
Mr. Copeland moved to amend as follows, to wit:
Add after the word "cattle," the words, "and other
stock."
The amendment was not agreed to.
Mr. Candler moved to amend by adding after the word
"cattle," the words " raised for the markets."
Mr. Gaither moved to amend by adding the words " seines
and other fishing tackle ;" and upon this question the yeas
and nays were demanded.
Those who voted in the affirmative are:
Messrs. Candler, Dobson, Gaither, Ramsay, Sharpe, Wat¬
son and Waugh,—7.
Those who voted in the negative are:
Messrs. Arendeli, Barringer, Blount, Copeland, Dickson,
Dowd, Faison, Grist, Hall, Harris of Franklin, Harriss of
Chatham, Humphrey, Lane, Outlaw, Pitchford, Simmons,
Simpson, Street, Slaughter, Spencer, Taylor of Brunswick,
Turner, Whitaker, Walkup and Worth,—26.
So the amendment was rejected.
Pending vote on the amendment by Mr. Worth,
Mr. Barringer moved that a Joint Committee be appointed
to examine the bill to divide the State into ten Congressional
districts, and the question prevailed.
1861.] SENATE JOURNAL.
167
Mr. Candler now moved to indefinitely postpone the bill
entitled "Revenue," and demanded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Candler, Gaither, Pitchford, Ramsay, Sharpe,
Taylor of Brunswick, Thomas of Jackson and Waugh,—8.
Those who voted in the negative are:
Messrs. Arendell, Bledsoe, Barringer, Blount, Copeland,
Dickson, Dobson, Dowd, Eure, Faison, Grist, Hall, Harris
of Franklin, Harriss of Chatham, Humphrey, Lane, Out¬
law, Simmons, Simpson, Street, Slaughter, Spencer, Stubbs,
Turner, Watson, Whitaker, Walkup and Worth,—26.
Mr. Faison moved to amend as follows, to wit:
The sexes and ages, as near as can be ascertained, of his
slaves, which slaves, together with all his other estate and
articles not specifically taxed, be assessed by the magistrate
listing the property for taxation,—with two discreet persons
appointed by the County Court, constitute with the magis¬
trate, a Board of Valuation in each Captain's district.
The amendment was concurred in.
The vote by which the amendment by Mr. Faison was
adopted, was now on motion by Mr. Hall, reconsidered,
whereupon, Mr. Faison withdrew said amendment.
Mr. Outlaw now moved to strike out the 12th section, and
called for a division of the question.
The question then recurred upon the division of the ques¬
tion, and the question was decided in the affirmative.
The question then recurred upon the motion to strike out
and the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Arendell, Bledsoe, Blount, Candler, Copeland,
Dickson, Dobson, Faison, Gaither, Hall, Harris of Frank¬
lin, Humphrey, Lane, Ramsay, Simpson, Street, Sharpe,
Taylor of Brunswick, Thomas of Jackson, Turner, Waugh,
and Whitaker,—22.
Those who voted in the negative are:
168
SENATE JOURNAL. [2nd. Ex. Ses
Messrs.' Barringer, JDowd, Eure, Harriss ofGhatham, Out¬
law, Pitchford, Simmons, Slaughter, Spencer, Stubbs, Wat¬
son, Walkup and Worth,—13.
On motion by Mr. Ramsay, the further consideration of
the matter was postponed until 4 o'clock, this evening.
Received a message from the House, stating that the House
concur in the proposition of the Senate, to raise a Joint Com¬
mittee to wait upon the Secretary of the State, to request
of him the act to change the jurisdiction of the courts and
rules of pleading therein. Messrs. Ferebee, Fleming and
Peebles, will constitute the House branch of said Com¬
mittee.
Whereupon, the Speaker appointed on said committee,
Messrs. Lane and Eure.
Received a message from the House, stating that the House
have passed the following bill:
A bill to allo^ Malinda Pritchett, a free negro, to en¬
slave herself, in which the concurrence of the Senate is
asked. Also, it is ordered that a message be sent to the
Senate, proposing that the two Houses adjourn sine die on
Friday next, the 20th inst., at 6 o'clock, P. M.
The House branch of the Committee to wait upon the Secre¬
tary of State, to request of him an act to! divide the State in¬
to ten Congressional districts, consist of Messrs. Ferebee and
Fleming.
The bill to allow Malinda Pritchett to enslave herself was
read the first time, and referred to the Committee on the Ju¬
diciary.
The proposition to adjourn on Friday next, sine die, at 6
o'clock, P. M., was laid upon the table.
On motion, the Senate took a recess until 4 o'clock this
evening.
Evening Session, 4 o'clock.
The question was upon the 12th section, and Mr. Worth
introduced a substitute for said section, which had been
Stricken out, which is as follows, to wit:
1861.]
SENATE JOURNAL.
169
. Sec. 12. It shall be the duty of every person liable to pay
tax* residing in any district, or having property therein lia¬
ble to taxation, at the times and places appointed by the as¬
sessor, to furnish, to the assessor a written list of his taxa-
bles, (excepting real estate, which the assessor shall ascer¬
tain and abstract from the last valuation of real estate and
the tax lists filed in the office of the Clerks of the County
Courts for the year 1861,) setting forth the number and val¬
ue of his slaves, horses, mares, mules, jennets, jacks, and
Heat cattle ; the number and value of his ships, boats and
other water craft, of the value of one hundred dollars or up¬
wards, and in listing the amount of debts due to him from
solvent parties, and his cash on hand, he shall be allowed to
deduct debts owing by him as principal,* and also as surety
when the principal is insolvent, listing only the balance af¬
ter making such deduction ; and such listing and valuation
Shall have reference to the propertey owned and/the subjects
@f taxation held by the tax-payer, and its value on the 1st
day of April, in which said listing is to be done ; and he
Shall also set forth all other articles of property or subjects
of taxation, which he is bound to list with his estimate of the
value of such portion thereof as is taxed ad valorem, and
the assessor shall administer to the person furnishing said
list, the following oath, " You solemnly swear, that the list
*by you furnished, contains a full statement of all the proper¬
ty and subjects of taxation which you are bound to list, eith¬
er in your own right, or in right of any other person,
and that the property valued is not worth more, in cash,
than the valuations annexed, to the best of your knowledge
and belief.
Mr. Ramsay offered a substitute for the substitute by Mr.
. Worth, which is as follows to wit:
Sec. 12. It shall be the duty of every person liable to pay
tax, residing in any district or having property therein liable to
taxation, at the times and places appointed by the assessor, to
170
SENATE JOURNAL. [2nd Ex. Ses.
furnish to the assessor a written list of his taxables, (except¬
ing real estate which the assessor shall ascertain and abstract
from the last valuation of real estate, and the tax lists filed
in the office of the Clerks of the County Courts, for the year
1861,) setting forth the number and value of his slaves, the
value of his stock of all kinds raised for market, excluding
10 much of the same as may be necessary and designed for
the support of his family ; the value of his agricultural pro¬
ducts raised for sale, excluding so much of the same as may
be necessary and designed for the support of his family ; the
amount of debts due him from solvent parties and his cash
on hand, after deducting debts owing by him ; and such list¬
ing and valuation shall have reference to the property owned
and the subjects of taxation held by the tax-payer, and its
value on the 1st day of April, in which said listing is to be
done, and he shall also set forth all other articles of proper¬
ty or subjects of taxation, which he is bound to list, with his
estimate of the value of such portions thereof as are taxed ad
valorem ; and the assessor shall administer to the person
furnishing said list, the following oath, "You solemnly
swear that the list by you furnished, contains a full state¬
ment of all the property and subjects of taxation which you
are bound to list, either in your own right or the right of
any other person, and that the property valued is not worth
more in cash than the valuation annexed, to the best of your
knowledge and belief."
And upon this question the yeas and nays were deman¬
ded.
Those who voted in the affirmative are :
Messrs. Candler, Dobson, Gaither, Ramsay and Sharps,
—5.
Those who voted in the negative are :
Messrs. Arendell, Brown, Bledsoe, Barringer, Blount,
Copeland, Dickson, Eure, Faison, Grist, Hall, Harris of
Franklin, Harriss of Chatham, Humphrey, Lane, Outlaw,
18617}
SENATE JOURNAL.
171
Pitchford, Simmons, Simpson, Street, Slaughter, Stuhbs,
Taylor of Brunswick, Thomas pf Jackson, Turner, Watson,
Waugh, Whitaker, Walkup and Worth,—29.
So the amendment to the amendment by Mr. Worth was
rejected.
Mr. Bledsoe moved to amend by striking out that portion
of the 12th section offered hy Mr. Worth, included in the
first parenthesis, and insert the word "land" before the
word " slaves" in said section, and demanded the yeas and
nays.
Those who voted in the affirmative are :
Messrs. Bledsoe, Gaither. Harriss of Chatham, Pitchford,
Ramsay, Sharpe, Taylor of Brunswick, Watson and Walk-
up,—9.
Those who voted in the negative are :
Messrs. Arendell, Brown, Barringer, Blount, Candler,
Copeland, Dickson, Dobson, Eure, Faison, Hall, Harris of
Franklin, Humphrey, Lane, Outlaw, Simmons, Simpson,
Street, Slaughter, Spencer, Stuhbs, Thomas of Jackson,
Waugh, Whitaker and Worth,—25.
So the amendment was rejected.
Mr. Candler moved fo amend as follows :
Strike out the words "horses, mares, mules, jennets and
neat cattle,," and demanded the yeas and nays.
Those who voted in the affirmative are:
Messrs. Arendell, Candler, Dobson, Dowd, Gaither, Grist,
Humphrey, Ramsay, Simpson, Sharpe, Spencer, Stubbs,
Thomas of Jackson, Turner and Waugh,—15.
Those who voted in the negative are:
Messrs. Brown Bledsoe, Barringer, Blount, Dickson, Eure,
Faison, Hall, Harris of Franklin, Harriss of Chatham, Lane,
Outlaw, Pitchford, Simmons, Street, Slaughter, Taylor ot
Brunswick, Watson, Whitaker, Walkup and Worth,—21.
So the amendment did not prevail.
Mr. Bledsoe now moved to amend as follows, to wit:
Provided any tax-payer who may desire to do so, may call
upon any justice of the peace in his district, to summons
m
SENATE JOURNAL. [2nd. Ex. Ses.
two freeholders, who with the said justice of the peace, shall
assess the value of the said tax-payer's property subject to
taxation.
The amendment was rejected.
Mr. Simpson offered a substitute which is as follows, to
wit:
Sec. 12. It shall be the duty of every person liable to pay
tax, residing in any district, or having property therein lia¬
ble to taxation, at the times and places appointed by the as¬
sessor to furnish to the assessor a written list of his taxables
setting forth, (excepting real estate, which the assessor shall
ascertain and abstract from the last valuation of real estate
and the tax lists filed in the office of the clerks of the County
Courts for the year 1861,) the number and value of his
slaves, his furniture of the value of two hundred dollars and
upwards not specifically and specially taxed, but not setting
forth each item of such furniture separately ; and in listing
the amount of debts due him from solvent parties, and his
cash on hand, he shall be allowed to deduct debts owing by
him, as principal and not as surety, listing only the balance
after making such deduction ; and such listing and valuation
shall have reference to the property owned and the subjects
of taxation held by the tax-payer, and its value on the first
day of April, in which said listing is to be done ; and he
shall also set forth all other articles of property or subjects
of taxation which he is bound to list, with his estimate of
the value of such portions thereof as is taxed ad valorem ;
and the assessor shall administer to the person furnishing
said list, the following oath : "You solemnly swear the list
by you furnished, contains a full statement of all the proper¬
ty and subjects of taxation which you are bound to list,
either in your own right or the right of any other person,
and that the property valued is not worth more in cash,
than the valuations annexed, to the best of your knowledge
and belief.
1861.]
SENATE JOURNAL.
173
Upon this question the yeas and nays, were demanded.
Those who voted in the affirmative are:
Messrs. Arendell, Candler, Dobson, Dowd, Faison, Gaith<-
er, Grist, Humphrey, Ramsay, Simpson, Spencer, Stubbs,
Thomas of Jackson and Waugh,—14.
Those who voted in the negative are :
Messrs. Brown^ Barringer, Blount, Copeland, Dickson,
Eure, Hall, Harris of Franklin, Harriss of Chatham, Lane,
Outlaw, Pitchford, Simmons, Street, Sharpe, Slaughter,
Taylor of Brunswick, Turner, Watson, Whitaker, Walkup
and Worth,—27.
So the amendment was rejected.
Mr. Street now moved to amend the amendment as fol¬
lows, to wit:
Except such as are raised for use or consumption on the
farm; his household and kitchen furniture, except such as
are specifically taxed, over and above the value of two hun¬
dred dollars.
Those who voted in the affirmative are:
Messrs. Arendell, Barringer, Candler, Dobson, Dowd,
Gaither, Grist, Hall, Harriss of Chatham, Humphrey, Lane,
Ramsay, Simmons, Simpson, Street, Spencer, Taylor of
Brunswick, Waugh and Walkup,—19.
Those who voted in the negative are :
Messrs. Brown, Bledsoe, Blount, Copeland, Dickson,
Eure, Faison, Harris of Franklin, Pitchford, Sharpe, Slaugh¬
ter, Watson, Whitaker and Worth,—14.
So the amendment was adopted.
Mr. Arendell moved to amend as follows, to wit:
Insert $100 in the place of $500 in regard to boats and
Other water crafts, and the amendment prevailed.
The question now recurred upon the, substitue by Mr.
Worth, as amended, and Mr. Bledsoe moved to strike out
the word "wagons"* in said, section, and the question was
decided in the affirmative.
Mr. Worth now moved to strike out the words "threshing
174
SENATE JOURNAL. [2nd. Ex. Ses.
machines," and the question was decided in the affirma¬
tive.
The question then recurred upon the adoption of the said
section as amended, and the question was decided in the
affirmative. Yeas 21, nays 13.
Mr. Lane now offered a substitute for the whole bill, which
was rejected.
Mr. Street now moved to amend the 12th section, as fol¬
lows, to wit:
Provided, That such exception shall not extend to slaves,
and the question was decided in the affirmative.
Mr. Outlaw moved to amend as follows, to wit:
Strike out all after the word " except," down to the word
" farm" and the proviso of said section.
The yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Bledsoe, Eure, Harris of Franklin, Outlaw,
Slaughter, Taylor of Granville, Turner, Whitaker and
Worth,—9'.
Those who voted in the negative are :
Messrs. Arendell, Brown, Barringer, Blount, Candler,
Copeland, Dickson, Dobson, Dowd, Faison, Gaither, Hall,
Harriss of Chatham, Humphrey, Lane, Ramsay, Simmons,
Simpson, Street, Sharpe, Spencer, Taylor ot Brunswick,
Thomas of Jackson, Waugh and Walkup,—25.
So the amendment was rejected.
On motion, by Mr. Candler, the Senate adjourned until 9
o'clock, to-morrow:
TUESDAY, September 17th, 1861.
The Senate met at 9 o'clock.
The Journal was read and approved.
Mr. Hall, from the Committee on Military Affairs, report¬
ed back the bill to authorize the Governor to organize one
1861.]
SENATE JOURNAL.
175
additional regiment of State troops, and recommended its
passage.
Mr. Hall moved to suspend the rules and put the hill upon
its second and third readings, and the question was decided
in the affirmative.
The said bill was now read the second time, and Mr. Eure
moved to strike out in the said bill the word " one " and in¬
sert the word five," and upon this question the yeas and
nays were demanded.
Those who voted in the affirmative are:
Messrs. Bledsoe, Barringer, Blount, Dickson, Eure, Fai-
son, Grist, Hall, Harris of Franklin, Humphrey, Lane,
Pitchford, Simmons, Street, Sharpe, Slaughter, Spencer,
Taylor of Granville, Taylor of Brunswick, Thomas of Jack¬
son, Turner and Whitaker,—23.
Those who voted in the negative are :
Messrs. Brown, Candler, Copeland, Dohson, Dowd, Gaith-
er, Harriss of Chatham, Otftlaw, Ramsay, Simpson, Stuhbs,
Waugh, Walkup and Worth,—14.
So the amendment was adopted.
Mr. Turner moved to amend as follows to wit:
Be it further enacted, That it shall he allowed the soldiers
and officers of companies, making a regiment under this bill
to elect their field officers, and the private soldiers constitu¬
ting companies shall elect their commissioned company offi¬
cers, and all laws and clauses of laws coming in conflict with
this section are hereby repealed. And upon this question the
yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Arendell, Brown, Bledsoe, Blount, Candler, Cope-
land, Dickson, Dowd, Eure, Faison, Gaither, Harris of
franklin, Harriss of Chatham, Humphrey, Lane, Outlaw,
Kamsay, Simpson, Sharpe, Slaughter, Spencer, Stuhbs,
Taylor of Granville, Turner, Waugh, Walkup and Worth,
-27.
Those who voted in the negative are :
176
SENATE JOURNAL. [2nd. Ex. Ses.
Messrs. Barringer, Dobson, Hall, Pitchford, Simmons,
Street, Taylor of Brunswick, Watson and Whitaker,—9.
So the amendment was adopted.
The question now recurred upon the passge of the bill as
amended, and
Mr. Outlaw moved to amend as follows, to wit: amend so
as to authorize the Governor to organize five additional regi¬
ments of troops for the war or for twelve months, and the
question was decided in the affirmative.
Mr. Outlaw now moved that the bill be recommitted to the
Committee on Military Affairs.
Mr. Hall, from the Committee on Military Affairs, reported
back the resolution in regard to the inspection of troops, and
recommended that said bill do not pass.
Also, the bill for local defence and asked to be discharged
from its further consideration.
Also, the bill to appoint transportation agents and recom¬
mended its passage with amendment.
Mr. Street, from the same Committee, reported back the
bill to appoint drill masters, and with amendment recom¬
mended its passage.
Mr. Slaughter, from the Committee on Claims, reported
back the following resolutions and recommended their pas¬
sage, to wit:
A resolution in favor of G. F. Whitfield ;
A resolution in favor of T. W. Avent;
A resolution in favor of M. A. Woody ;
A resolution in favor of William Woody.
Received a message from the House, stating the House had
passed the following engrossed bills and resolutions in which
the concurrence of the Senate was asked, all of which were
read the first time and passed.
A resolution to give a Clerk to the State Comptroller ;
A resolution in favor of D. Lane ;
A bill to prevent the felling of timber in Jacobs and
Henry's Fork, in the county of Catawba;
1861.]
SENATE JOURNAL.
ITT
A bill to prevent the felling of timber in East and Goshen
river, in the county of Duplin.
Also, received, a message, stating that the Speaker of the
House has signed the following enrolled bills:
Resolution in favor of officers and soldiers captured on our
coast.
Resolution in favor of E. P. Jones, S. P. Sherill, and
others.
An act to incorporate the Rich Fork Mining Company.
Resolution to give the Governor additional clerical force.
Also, the House have concurred in the recommendation for
a Justice of the Peace, for the county of Randolph, which is
transmitted to the Senate for confirmation.
Whereupon, the Speaker signed and ratified the same in
the presence of the Senate.
The Senate concurred in the appointment of sundry Jus¬
tices of the Peace.
Received a message from the House, stating that it is or¬
dered that the enclosed report from the joint select committee
appointed to receive from the hands of the Secretary of State
" an act to divide the State into ten Congressional Districts,"
together with said act to be transmitted to the Senate.
In consequence of the resignation of the Hon. Wm. T.
Dortch, the Hon. N. N. Fleming, of the county of Rowan,
has been duly elected Speaker of this House.
The proposition was concurred in.
Mr. Taylor of Brunswick, moved to suspend the rules and
that the bill entitled Militia be taken up and considered, and
the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Arendell, Copeland, Faison, Gaither, Hall, Pitcli-
ford, Sharpe, Stubbs and Taylor of Brunswick,—9.
Those who voted in the negative are :
Messrs. Brown, Bledsoe, Barringer, Blount, Candler, Dick-
eon, Dobson, Dowd, Eure, Harris of Franklin, Harriss of
Chatham, Humphrey, Lane, Outlaw, Ramsay, Simmons,
12
178
SENATE JOURNAL. [2nd Ex. Ses.
Simpson, Street, Slaughter, Spencer, Taylor of Granville,
Thomas of Jackson, Watson, Waugh, Whitaker, Walkup
and Worfh,—28.
So the Senate refused to suspend the rules.
Mr. Thomas of Jackson, moved that the rules be sus¬
pended that the bill on second reading be taken up and the
yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Barringer, Blount, Candler, Dobson, Faison, Har-
ris8 of Chatham, Simpson, Sharpe, Taylor of Granville, and
Thomas of Jackson,—10.
Those who voted in the negative are :
Messrs. Brown, Bledsoe, Copeland, Dowd, Eure, Gaither,
Harris of Franklin, Humphrey, Lane, Outlaw, Pitcliford,
Ramsay, Simmons, Street, Slaughter, Stubbs, Taylor of
Brunswick, Turner, Watson, Whitaker, Walkup and Worth,
—22.
So the question was decided in the negative.
Mr. Slaughter introduced a resolution asking information
©f the Governor in regard to the sending of vessels at bear
inlet, which was read and adopted.
Mr. Outlaw moved to amend the rules of •the Senate, as
follows, to-wit: No debate upon a motion to suspend the
rules, or upon any motion as the order in which bills or other
business shall be in order, but they shall be decided without
debate, and the amendment was adopted.
The question now recurred upon the unfinished business of
yesterday, which was the consideration of the bill entitled
Revenue, and Mr. Gaither offered a substitute for said bill,
which was read, and
Mr. Bledsoe moved to amend as follows, to wit: That every
person liable to pay tax shall furnish to the assessor a written
statement of the cash value of his estate liable to taxation,
after deducting the debts which they may owe in this State,
and the further-sum of five hundred dollars. <
The chairman stated that in his view the amendment by
18B1.]
SENATE JOURNAL.
179
Mr. Bledsoe, was out of order and called for a decision by the
Senate ; whereupon the Senate decided that said amendment
was not in order.
Mr. Bledsoe now raised a point of order as to the amend¬
ment by Mr. Gaither; whereupon, the Senate decided that
the amendment by Mr. Gaither was out of order.
Mr. Candler now moved that said bill entitled Revenue be
indefinitely postponed, and upon the question the yeas and
nays were demanded.
Those who voted in the affirmative are:
Messrs. Brown, Blount, Candler, Lane, Pitchford, Sim¬
mons, Slaughter, Taylor of Granville, Thomas of Jackson,
Watson and Waugh,—11.
Those who voted in the negative are:
Messrs. Arendell, Bledsoe, Barringer, Copeland, Dickson,
Dobson, Dowd,Eure. Faison, Gaither, Hall, Harris of Frank¬
lin, Harriss of Chatham, Humphrey, Outlaw, Ramsay,
Simpson, Street, Sharpe, Spencer, Stubbs, Taylor of Bruns¬
wick, Turner, Whitaker, Walkup and Worth,—26.
The motion to postpone did not prevail. •
Mr. Gaither now presented the following proposition to wit:
Recommit the bill to the Committee on Finance, with in¬
structions to report a bill which will yield fifty per cent,
more revenue than is produced by that bill, taking the bill
of the last session as the basis, as far as practicable.
Mr. Barringer now moved to lay the whole upon the table,
and upon the question, demanded the yeas and nays.
Those who voted in the affirmative are:
Messrs. Barringer, Candler, Hall, Harris of Franklin,
Lane, Pitchford, Simmons, Simpson, Slaughter, Taylor of
Granville, Watson and Waugh,—12.
Those who voted in the negative are:
Messrs. Brown, Bledsoe, Blount, Copeland, Dickson, Dob-
(son, Dowd, Eure, Fait.on, Gaither, Grist, Harriss of Chat¬
ham, Humphrey, Outlaw, Ramsay, Street, Spencer, Stubbs,
Taylor of Brunswick, Turner, Whitaker, Walkup and
Worth,—23.
180
SENATE JOURNAL.
[2std. EX. SKS.
So tlie Senate refused to lay upon the table.
The question now recurred upon the proposition by Mr.
Gaither, and the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Gaither, Hall, Humphrey, Outlaw, Pitch ford,
Simmons, Simpson and Waugh,—8.
Those who voted in the negative are :
Messrs. Bledsoe, Barringer, Blount, Candler, Copeland,
Dickson, Dobson, Dowd, Eure, Faison, Grist, Harris of
Franklin, Harriss of Chatham,Lane,Ramsay, Street, Slaugh¬
ter, Spencer, Stubbs, Taylor of Granville, Taylor of Bruns¬
wick, Turner, Watson, Whitaker) Walkup and Worth,—2G.
So the Senate refused to recommit.
The question now recfirred upon the adoption of the 12th
section of the bill entitled'Revenue.
On motion by Mr. Ramsay, the 12th section was now in¬
formally passed over.
Pending the reading of the 23rd section, Mr. Worth moved
to fill the blank in fourth line by the word twenty-two which
was agreed to.
Pending the reading of the 23rd section, on motion by Mr.
Hall, the Senate took a recess until 4 o'clock.
Evening Session, 4 o'clock.
Received a message from the House, stating that the House
had passed the engrossed bill, entitled a bill to authorize the
Public Treasury to issue Treasury notes, which was read the
first time and passed.
On motion the rules were suspended and the said bill was
read the second and third times, and Mr. Outlaw offered an
additional section which was read and adopted.
The question then recurred upon the passage of the bill as
amended, and Mr. Outlaw moved to fill one of the blanks in
said bill with the words "one million," and the amendment
was adopted.
1861.]
SENATE JOURNAL.
181
Mr. Ramsay moved to strike out the word " seven and a
half per cent" and insert u six per cent." The amendment
was rejected.
The question now recurred upon the passage the third time
as amended, and was decided in the affirmative; and ordered
to he sent to the House for concurrence.
Mr. Outlaw moved to take up the bill to amend the charter
of the Bank of Roxboro', and the said bill was read the
second and third times, and Mr. Brown moved to amend as
follows, to wit:
Be it further ewcucfted, That the provisions of this act as to
the rate of interest be extended to the Bank of Yancey ville,
and the amendment was agreed to.
The question now recurred upon, the passage of the bill as
amended, and was decided in the affirmative, and said bill
was ordered to be engrossed.
Mr. Lane, from the Committee to inquire into the cause of
the delay in public printing, reported as follows:
The Committee on Propositions and Grievances, to whom
was referred a resolution relative to the public printing beg
leave to make the following report:
After receiving the resolution your committee were inform¬
ed that a committee appointed by the House, of whom Hon.
R. S. Donnell was chairman, had made a full investigation
of the subject and had made their report to the House acquit¬
ting the public printer, John Spelman, from all blame for the
delay.
The undersigned availed himself of the privilege of examin¬
ing said report and found it to he as above stated.
Your committee therefore deemed it unnecessary to investi¬
gate the subject any farther as the facts intended to be elicited
by the resolution were in the possession of the Legislature.
Your committee therefore beg leave to return the resolu¬
tion back to the Senate and ask to be discharged from its
further consideration.
WM. K. LANE, Chairman.
The report was adopted.
182
SENATE JOURNAL [2nd.Ex. Smsu
On motion by Mr. Worth, in section 54, second paragraph,
the blank was filled by inserting eighty cents. In same sec¬
tion fourth, Mr.. Candler moved to strike out the word {c ten "
and insert the word "fifty," the amendment was rejected.
Mr. Gaudier now moved to strike out and insert *' twenty,' *
the amendment was rejected.
Mr. Candler now moved to strike out and insert "fifteen "
and demanded the yeas and nays.
Mr. Bledsoe called for a division of the question and the
Senate decided to divide.
The question then recurred first upon striking out and the
yeas and nays were demanded.
Those who voted in the affirmative are;
Messrs. Candler and Grist,—2.
Those who voted in the negative are :
Messrs. Brown, Bledsoe, Barringer, Blount, Copeland,
Dickson, Dobson, Eure, Faison, Gaither, Hall, Harris of
Franklin, Harriss of Chatham, Humphrey, Lane, Outlaw,
l^itchford, Simmons, Simpson, Street, Sharpe, Slaughter,
Spencer, Stubbs, Taylor of Granville, Taylor of Brunswick,
Thomas of Jackson, Thomas of Davidson, Turner, Watson,
Waugh, Whitaker, Walkup and Worth,—34.
So the Senate refused to strike out.
In third paragraph Mr. Hall moved to amend by striking
out " two and a half" and insert " one."
The amendment did not prevail.
Mr. Candler moved to strike out the words " profits made
and received on all such'' and upon this question he dmanded
the yeas and nays.
Those who voted in the affirmative are :
Messrs. Arendell and Candler,—2.
Those who voted in the negative are :
Messrs. Brown, Bledsoe, Barringer, Blount, Candler, Cope-
land, Dickson, Eure, Faison, Gaither, Grist, Hall, Harris of
Franklin, Harriss of Chatham, Humphrey, Lane, Outlaw,
Pitchford, Simmons, Simpson, Street, Sharpe, Slaughter,
1861.]
SENATE JOURNAL.
183
Spencer, Stubbs, Taylor of Granville, Taylor of Brunswick,
Thomas of Davidson, Turner, Watson, Waugh, Whitaker.,'
Walkup and Worth,—35,
So the amendment was rejected.
Mr. Candler now moved to amend by adding to the fourth
paragraph the words " which shall be immediately paid."
The amendment was rejected.
Mr. Worth now moved to amend the third paragragh by
adding the following: and every gate permitted by the coun¬
ty court to be erected across a highway, fifteen dollars.
The amendment was adopted.
Mr. Worth now moved to amend fifth paragraph in the
fifth and sixth lines by striking out the words " on the 31st
of December, of each year" and insert the words, "preceding
the first day of April." The amendment was adopted.
Mr. Eure moved to amend paragraph seventh by striking
out the words " fifty dollars " and insert the words " two
hundred dollars." The amendment was rejected. •
Mr. Candler moved to strikeout the words " fifty dollars "
and insert the words "one hundred dollars." The amend¬
ment did not prevail.
Mr. Worth moved to amend paragraph ten by striking
out the word " nine " and inserting the words "seven and-a-
half" and the amendment was agreed to.
In paragraph eleven, Mr. Barringer moved to amend by
striking out the exception in said paragraph as to judges, and
the amendment was adopted.
Mr. Bledsoe moved to strike out the whole paragraph and
demanded the yeas and .nays.
Those who voted in the affirmative are :
Messrs. Bledsoe, Barringer, Dickson, Lane, Taylor of
Brunswick, Watson, Waugh and Whitaker,—8.
Those who voted in the negative are :
Messrs. Arendell, Brown, Blount, Candler, Copeland,
pobson, Eure, Faison, Gaither, Grist, Harris of Franklin,
Harriss of Chatham, Humphrey, Outlaw, Pitchford, Ramsay,
184
SENATE JOURNAL. [2nd. Ex. Ses.
Simmons, Simpson, Street, Sharpe, Slaughter,Spencer, Stnbbs,
Thomas of Davidson, Turner, Walkup and Worth,—27.
So the amendment did not prevail.
Mr. Blount moved to adjourn until to-morrow and de¬
manded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Bledsoe, Blount, Candler, Faison, Grist, Hum¬
phrey, Outlaw, Pitchford, Street, Sharpe; Slaughter and
Whitaker,—12.
Those who voted in the negative are :
Messrs. Arendell, Brown, Barringer, Copeland, Dickson,
Dobson, Eure, Gaither, Harris of Franklin, Harriss of Chat¬
ham, Lane, Kamsay, Simmons, Simpson, Spencer, Stubbs,
Taylor of Brunswick, Thomas of Davidson, Turner, Watson,
Waugh, Walkup and Worth,—22.
So the Senate refused to adjourn.
Mr. Turner moved to adjourn at o'clock and demanded
the yeas and nays.
Those who voted in the affirmative are :
Messrs. Arendell, Bledsoe, Blount, Candler, Eure, Faison,
Humphrey, Outlaw, Pitchford, Simpson, Street, Sharpe,
Slaughter, Thomas of Davidson, Turner, Waugh, Whitaker
and Walkup,—18.
Those who voted in the negative are :
Messrs. Brown,. Barringer, Copeland, Dickson, Dobson,
Gaither, Harris of Franklin, Harriss of Chatham, Lane,
Ramsay, Simmons, Spencer, Stubbs, Taylor of Brunswick*
Watson and Worth,—16.
So the Senate adjourned until 8^ o'clock to-morrow morn¬
ing.
WEDNESDAY, September 18th, 1861.
The Journal was read and approved.
Mr. Worth moved that the Senate proceed immediately to
the further consideration of the unfinished business of yester-
1861.]
SENATE JOURNAL.
.185
day, which was the consideration of the hill entitled Revenue.
Mr. Faison moved to strike out all of paragraph twelve.
Mr. Sharpe moved to strike out in said paragraph the word
"two," and insert the word "one."
Keceived a message from the House, proposing to adjourn
Friday next, 4 o'clock, P.M. Mr. Slaughter moved to lay
on-the table, and demanded the yeas and nays.
Those who voted in the affirmative are:
Messrs. Bledsoe, Blount, Candler, Copeland, Dickson,
Faison, Pitchford, Ramsay, Sharpe, Slaughter, Taylor of
Granville, Taylor of Brunswick, Thomas of Jackson, Turner,
Watson and Whitaker,—16.
Those who voted in the negative are:
Messrs. Arendell, Brown, Dowd, Eure, Gaither, Grist,
Harris of Franklin, Harriss of Chatham, Humphrey, Out¬
law, Simmons, Simpson, Street, Spencer, Stubbs, Thomas of
Davidson, Waugb, Walkup and Worth,—19.
So the Senate refused to adjourn.
The question recurred upon the concurrence in the propo¬
sition to adjourn, and the yeas and nays were demanded.
Those who voted in the affirmative are:
Messrs. Brown, Barringer, Copeland, Dowd, Eure,Gaither,
Grist, Harris of Franklin, Harris of Chatham, Humphrey,
Simmons, Simpson, Sharpe, Stubbs, Taylor of Granville,
Thomas of Davidson, Watson, Waugh, Walkup and Worth,
—20.
Those who voted in the negative are:
Messrs. Arendell, Bledsoe, Blount, Candler, Dickson, Fai¬
son, Outlaw, Pitchford, Ramsay, Street, Slaughter, Spencer,
Taylor of Brunswick, Thomas of Jackson, Turner and Whit¬
aker,—16.
So the proposition was agreed to.
The question recurred upon the amendment by Mr. Sharpe,
and was decided in the negative. The question then recurred
upon the amendment by Mr. Faison, to strike out all the
paragraph, and the yeas and nays were demanded.
186
SENATE JOURNAB. [2nd. Ex. Sua,
Those who voted in the affirmative are:
Messrs. Arendell, Blount, Copeland, Dickson, Faison,
Gaither, Harris of Franklin, Humphrey, Pitchford, Slaugh¬
ter, Taylor of Granville, Taylor of Brunswick, Thomas of
Jackson, Turner and Whitaker,—15.
Those who voted in the negative are :
Messrs. Brown, Bledsoe, Barringer, Candler, Dowd, Eure,
Grist, Harriss of Chatham, Outlaw, Ramsay, Simmons,
Simpson, Street, Sharpe, Spencer, Stubbs, Thomas of David¬
son, Watson, Waugh, Walkup and Worth,—21.
So the motion did not prevail.
In paragraph thirteen, Mr. Worth moved to strike out the
word December, and insert the word March, and the amend¬
ment was adopted..
Mr. Worth now moved to amend further, as follows, to wit:
Provided, however, that no person shall be required to list
any travelling so done by him, or any member of his family,
prior to the 1st day of October, 1861. And the amendment
was agreed to.
Mr. Bledsoe now moved to strikeout the whole paragraph.
Mr. Faison moved to amend as follows: After the word
person, add soldiers in the service of the State or Confederate
States and their families. And the amendment was adopted.
Mr. Ramsay moved to add, after the word " gospel," " and
representatives of churches." The amendment was rejected.
The question recurred upon amendment by Mr. Bledsoe,
and the yeas and nays were demand 3d.
Those who voted in the affirmative are:
Messrs. Bledsoe, Barringer, Copeland, Taylor of Granville,
and Whitaker,—5.
Thbse who voted in the negative are :
Messrs. Arendell, Brown, Blount, Candler, Dickson, Dob-
son, Dowd, Faison, Gaither, Grist, Hall, Harris of Franklin,
Harriss of Chatham, Humphrey, Outlaw, Pitchford, Ramsay,'
Simmons, Simpson, Street, Sharpe, Slaughter, SpenceF,
Stubbs, Taylor of Brunswick, Thomas of Davidson, Turner,
Waugh, Walkup and Worth,—30.
1861
SENATE JOURNAL.
So the Senate refused to strike out.
Mr. Grist moved to reconsider the vote by which the Senate
refused to strike out the twelfth paragraph ; and the question
was decided in .the negative.
Mr. Grist moved to strike out the eighth and ninth line in
pargraph sixty, and the question was decided in the negative.
In Schedule B, Mr. Worth moved to strike out in the eighth
paragraph, the word "ten," and insert "twenty-five;" and
the amendment was adopted.
Mr. Bledsoe moved to strike out the fifteenth paragraph,
and demanded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Bledsoe, Pitchford, Simpson, Spencer, Taylor of
Granville, Taylor of Brunswick, Watson and Whitaker,—8.
Those who voted in the negative are :
Messrs. Barringer, Blount, Candler, Copeland, Dickson,
Dohson, Dowd, Faison, Gaither, Hall, Harris of Franklin,
Harrissv of Chatham, Ramsay, Street, Sharp, Slaughter,
Stubbs, Thomas of Davidson, Turner, Waugh, Walkup and
Worth,—22.
So the motion to strike out did not prevail.
Mr. Bledsoe moved to strike out the paragraph twenty, and
demanded the yeas and nays.
Those who voted in the negative are:
Messrs. Candler, Dobson, Gaither, Humphrey, Outlaw,
Pitchford, Ramsay, Simmons, Simpson, Street, Sharpe,
Stubbs, Turner, Waugh, Walkup and Worth,—16.
Those who voted in the affirmative are :
Messrs. Brown, Bledsoe, Barringer, Blount, Copeland,
Dickson, Dowd, Faison, Grist, Harris of Franklin, Harriss
of Chatham, Slaughter, Spencer, Taylor of Brunswick,
Thomas of Jackson, Thomas of Davidson, Watson and Whit¬
aker,—18.
So the Senate decided to strike out.
In section seventy-two, Mr. Waugh moved to strike out
the word ten, and insert five, and demanded the yeas and
nays.
188
SENATE JOURNAL. [2nd. Ex. Ses.
Those who voted in the affirmative are :
Messrs. Bledsoe, Barringer, Candler, Copeland, Dickson,
Dobson, Faison, Gaither, Grist, Harris of Franklin, Hum¬
phrey, Pitchford, Simmons, Simpson, Slaughter, Thomas of
Jackson, Turner, Watson, Waugh and Whitaker,—20.
Those who voted in the negative are :
Messrs. Arendell, Brown, Blount, Candler, Dowd, Hall,
Harriss of Chatham, Outlaw, Ramsay, Street, Sharpe, .Spen¬
cer, Stubbs, Taylor of Granville, Taylor of Brunswick,
Thomas of Davidson, Walkup and Worth,—18.
So the motion prevailed.
Mr. Dobson moved to strike out the seventy-second section,
and demanded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Bledsoe, Barringer, Copeland, Dickson, Faison,
Grist, Humphrey, Simpson, Sharpe, Turner and Waugh,—11.
Those who voted in the negative are:
Messrs. Arendell, Brown, Blount, Candler, Dowd, Gaither,
Hall, Harris of Franklin, Harriss of Chatham, Outlaw,
Pitchford, Ramsay, Simmons, Street, Slaughter, Spencei^
Stubbs, Taylor of Brunswick, Thomas of Davidson, Watson,
Whitaker, Walkup and Worth,—23.
So the Senate refused to strike out.
In Schedule C, paragraph five, Mr. Candler moved to strike
out the tax on marriage license, and demanded the yeas a,nd
nays.
Those who voted in the affirmative are :
Messrs. Bledsoe, Barringer, Candler, Dickson, Dobson,
Faison, Grist, Harris of Franklin, Pitchford, Simpson, Tay¬
lor of Brunswick and Thomas of Jackson,—12.
Those who voted in the negative are:
Messrs. Arendell, Blount, Eure, Gaither, Hall, Hurapnrey,
Outlaw, Simmons, Street, Slaughter, Spencer, Taylor of
Granville, Thomas of Davidson, Turner, Watson, Waugh,
Whitaker, Walkup (ind Worth,—19.
So the question was decided in the negative.
1861.]
SENATE JOURNAL.
189
Mr. Slaughter moved to strike out the word ten, and in¬
sert five, in the seventy-first section, seventh line.
Mr.* Slaughter withdrew his motion ; and Mr. Simpson
moved to reconsider the vote by which the amendment to the
seventy-second section was adopted, and Mr. Bledsoe de¬
manded the yeas and nays.
The Chair decided that the motion to reconsider was not
in order.
Mr. Slaughter now renewed his motion, which was decided
in the affirmative.
Mr. Candler moved to strike out, in section seventy-one,
the word sixty, and insert the word twenty.
Mr. Sharpe moved,to insert the word fifty.
The amendments were rejected ; and
Mr. Pitchford moved to strike out, in the tenth line, the
word ten, and insert ten cents per gallon.
The amendment did not prevail.
Mr. Waugh moved to reconsider, and demanded the yeas
and nays.
Those who voted in the affirmative are :
Messrs. Bledsoe, Bairinger, Copeland, Dickson, Gaither,
Harris of Franklin, Pitchf6rd, Ramsay, Simpson, Sharpe,
Taylor of Granville, Waugh and Walkup,—13.
Those who voted in the negative are:
Messrs. Areudell, Brown, Blount, Candler, Dobson, Dowd,
, Eure, Faison, Hall, Humphrey, Outlaw, Street, Slaughter,
Spencer, Stubbs, Taylor of Brunswick, Thomas of Jackson,
Watson, Whitaker and Worth,—20.
So the Senate refused to reconsider.
The question recurred upon the motion by Mr. Candler,
and the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Bledsoe, . Barringer, Blount, Candler, Dobson,
Dowd, Gaither, Grist, Harris of Franklin, Harris of Chatham,
Ramsay, Simpson, Street, Sharpe, Spencer, Thomas of Jack¬
son, Watson and Waugh,—18.
190
SENATE JOtTRNAL. [2nd Ex. Sm
Those who voted in the negative are :
Messrs. Arendell, Brown, Copeland, Dickson, Eure, Faisen,
Humphrey, Outlaw, Pitchford, Simmons, Slaughter, Stubbs,
Taylor of Granville, Taylor of Brunswick, Whitaker, Walkttp
and Worth,—17.
So the amendment did not prevail.
Mr. Ramsay moved to reconsider the vote by which the
tax on ready made clothing was stricken out, and demanded
the yeas and nays.
Those who voted in the affirmative are :
Messrs. Arendell, Barringer, Blount, Candler, Copeland,
Dobson, Gaither, Harris of Franklin, Humphrey, Outlaw,
Pitchford, Ramsay, Simmons, Simpson, Street, Slaughter,
Spencer, Stubbs, Taylor of Brunswick, Thomas of Jaokson,
Turner, Watson, Waugh, Walkup and Worth,—25.
Those who voted in the negative are:
Messrs. Brown, Bledsoe, Dickson, Dowd, Eure, Faison,
Grist, Hall, Harriss of Chatham, Taylor of Granville and
Whitaker,—11.
So the vote was reconsidered.
The question recurred upon the motion again to strike opt,
and the yeas and nays were demanded.
Those who voted in the affirmative are:
Messrs. Bledsoe, Eure and Whitaker,—-3.
Those who voted in the negative are :
Messrs. Arendell, Brown, Barringer, Blount, Candler,
Dobson, Dowd, Faison, Gaither, Grist, Hall, Harris of
Franklin, Harriss of Chatham, Humphrey, Outlaw, Pitch¬
ford, Ramsay, Simmons, Simpson, Street, Slaughter, Spen¬
cer, Stubbs, Taylor of Granville, Taylor of Brunswick,
Thomas of Jackson, Turner, Watson, Waugh, Walkup and
Worth,—32.
So the Senate refused to strike out.
Mr. Outlaw now moved to amend as follows, to wit:
Be it further enacted, That from and after the 1st day of
January, 1862, the interest, on the school fund, shall be paid
mi.]
SENATE JOURNAL.
191
into the public Treasury, during the continuance of the war,
and the public Treasurer shall issue to the Board of Litera¬
ture, the coupon bonds of the State, bearing six per cent,
per annum, for the amount..
Pending vote, Mr. Outlaw withdrew the amendment.
Mr. Worth moved to reconsider the vote by which the
Senate had refused to strike out the seventy-first section, and
the motion prevailed.
Mr. Simpson now moved to reconsider the vote by which
the Senate had stricken out the word ten, and inserted the
word five, and the question was decided in the affirmative.
The question now recurred upon the motion to strike out,
and the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Brown, Bledsoe, Barringer, Copeland, Dickson.,
Dobson, Eure, Faison, Gaither, Grist, Harris of Franklin,
-Humphrey, Sharpe, Taylor of Granville, Thomas of Jack¬
son, Waugh and Whitaker,—17.
Those who voted in the negative are :
Messrs. Arendell, Blount, Candler, Dowd, Hall, Harriss
pf Chatham, Outlaw, Pitchford, Ramsay, Simpson, Street,
Slaughter, Spencer, Stubbs, Taylor of Brunswick, Watson,
Walkup and Worth,—18.
Mr. Barringer moved to strike out the nineteenth para¬
graph, and demanded the yeas and nays.
Those who voted in the affirmative are:
Messrs. Bledsoe, Barringer and Eure,—3,
Those who voted in the negative are :
Messrs. Arendell, Brown, Blount, Candler, Copeland, Dick-
eon, Dobson, Dowd, Faison, Gaither, Grist, Hall, Harris of
Franklin, Harriss of Chatham, Humphrey, Outlaw, Pitch-
ford, Ramsay, Simmons, Simpson, Street, Slaughter, Spencer,
Stubbs, Taylor of Granville, Taylor of Brunswick, Thomas
of Jackson, Watson, Waugh, Whitaker, Walkup and
Worth,—32.
Mr. Pitchford moved to take a recess until 4 o'clock. The
Senate refused to take a recess.
192
SENATE JOURNAL [2nd Ex. Ses.
Mr. Waugh moved to take a recess until o'clock. Mr.
Bledsoe until 15 minutes before 4 o'clock. And the motion
prevailed.
Evening Session, 4 o'clock.
Received a message from the House, stating that the House
had passed the engrossed bill to repeal sections 45—53 of
chapter 107, of Revised Code, which was read the first time
and referred to the Committee on the Judiciary.
Also, transmitting sundry appointments of Justices of the
Peace, which were concurred in.
Also, that the Speaker of the House had signed the en¬
rolled bill to provide ways and means for the defense of the
State.
Also, that the House do not concur in the Senate's amend¬
ment to the bill to authorize the public Treasurer to issue
treasury notes.
On motion, the Senate adhered to its amendment, and
asked a committee of conference.
The question now recurred upon the motion by Mr. Waugh,
to strike out the seventy-first section of the bill entitled
Revenue, and Mr. Blount moved to amend by striking out the
words, "for the purposes of sale."
The amendment did not prevail.
Mr. Candler now moved to insert in said section, after the
word "sale," the words " or use."
The amendment was now withdrawn.
The question now recurred upon the motion to strike out
the seventy-first section, and upon this question Mr. Waugh
demanded the yeas and nays.
Those who voted in the affirmative are:
Messrs. Dobson, Eure and Waugh,—3.
Those who voted in the negative are :
Messrs. Arendell, Brown, Barringer, Blount, Candler,
1861.]
SENATE JOURNAL.
193
Copeland, Dickson, Dowd, Faison, Gaither, Grist, Hall,
Harris of Franklin, Harriss of Chatham, Outlaw, Pitchford,
Ramsay, Simmons, Simpson, Street, Sharpe, Slaughter,
Spencer, Stubhs, Taylor of Brunswick, Turner, Watson,
Whitaker, Walkup and Worth,—29.
So the Senate refused to strike out.
Received a message from the House, stating that it is pro¬
posed by the House that a committee of conference, consisting
of three on the part of the House and two on the part of the
Senate, be raised for the purpose of affecting an agreement
upon the Senate's amendments to (H. 249.)
A bill to authorize the Public Treasurer to issue treasury
notes.
The message was concurred in. Whereupon the Speaker
appointed on said committee Messrs. Outlaw and Watson.
Mr. Worth now moved to add the following, section 105 :
The tax collector in every county in which by a private
law one has been appointed, shall have all the powers con¬
ferred by this act on sheriffs. The section was adopted.
Mr. Worth now moved to amend section fifty-four, para¬
graph nine, by adding " stud horse and jackass let to mares
for a price belonging to a resident of the State, six dollars,
unless the highest price demanded for the season for one
mare shall exceed that sum, in which case the amount thus
demanded shall be paid as tax ; such stud horse or jack to be
listed and the tax paid in the county in which the owner
resides."
The amendment was adopted.
Mr. Slaughter moved to reconsider the vote by which the
amendment was adopted, in regard to taxing dogs.
And Mr. Barringer moved to lay the motion to reconsider
on the table, and the yeas and nays were demanded.
Those who voted in the affimative are:
Messrs. Brown, Barringer, Candler, Dobson, Ramsay,
Simmons, Sharpe, Taylor of Granville, Turner and Watson,
—10.
13
194
SENATE JOURNAL. [2nd Ex. Ses.
Those who voted in the negative are :
Messrs. Blount, Copeland, Dickson, Dowd, Eure, Faison,
Gaither, Grist, Harris of Franklin, Harriss of Chatham,
Humphrey, Outlaw, Pitchford, Simpson, Street, Slaughter,
Spencer, Stubbs, Thomas of Jackson, Waugh, Whitaker,
Walkup and Worth,—23.
Mr. Eure moved to reconsider the vote by which the Senate
refused to strike paragraph twelve, section fifty-four, and de¬
manded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Brown, Blount, Candler, Copeland, Dohson, Eure,
Faison, Gaither, Grist, Harris of Franklin, Harriss of Chat¬
ham, Outlaw, Pitchford, Simmons, Simpson, Street, Slaugh¬
ter, Spencer, Taylor of Brunswick, Thomas of Jackson,
Waugh and Whitaker,—22.
Those who voted in the negative are:
Messrs. Barringer, Candler, Ramsay, Sharpe, Turner,
Watson and Worth,—7.
So the Senate decided to reconsider.
Mr. Eure now moved to strike out, in said paragraph, the
words " resident on his lands,'' and the amendment was
adopted.
Mr. Slaughter moved that the counties of Sampson and
Hertford be excepted. Mr. Dickson moved to add Duplin.
Mr. Faison that the county of Sampson he added. Mr. Tay¬
lor that Brunswick he added. Mr. Harris, county of Frank¬
lin he added. Mr. Thomas, of Jackson, moved to strike out
the whole section.
Pending discussion, received a message from his Excellency
transmitting a report of the commissioners to Richmond,
which was read, and ordered to be transmitted to the House
with a proposition'to print.
The question now recurred upon the exemption of the
severalabo've named counties, and Mr. Faison moved to ex¬
empt all the counties in the State except Buncombe, and the
amendment prevailed.
1861.]
SENATE JOURNAL.
195
Mr. Slaughter moved to exempt in the county of Hertford
all fox-hounds, and the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Arendell, Copeland, Dickson, Eaison, Harris of
Franklin, Pitchford, Street, Slaughter, Taylor of Granville
and Thomas of Jackson,—10.
Those who voted in the negative are:
Messrs. Brown, Bledsoe,Barringer, Blount,Dohson, Dowd,
Eure, Gaither, Grist, Harriss of Chatham, Humphrey, Out¬
law, Ramsay, Simmons, Simpson, Sharpe, Spencer, Stubbs,
Taylor of Brunswick, Turner, Watson, Waugh, Whitaker,
Walkup and Worth,—25.
So the amendment did not prevail.
The question now recurred upon the motion to strike out
the whole section, and the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Arendell, Blount, Copeland, Dickson, Dohson,
Faison, Gaither, Harris of Franklin, Humphrey, Pitchford,
Slaughter and Whitaker,—15.
Those who voted in the negative are:
Messrs. Brown, Bledsoe, Barringer, Candler, Dowd, Eure,
Grist, Hall, Harriss of Chatham, Outlaw, Ramsay, Simmons,
Siinpson, Street, Sharpe, Spencer, Thomas of Jackson, Wat¬
son, Waugh, Walkup and Worth,—21%
The question now recurred upon the passage of the hill
the third and last reading, and the yeas and nays were de¬
manded.
Those who voted in the affirmative are :
Messrs. Brown, Bledsoe, Barringer, Blount, Candler,
Copeland, Dickson, Dohson, Dowd, Faison, Grist, Hall,
Harris of Franklin, Harriss of Chatham, Humphrey, Outlaw,
Ramsay, Simmons, Simpson, Street, Spencer, Stubbs, Wat¬
son, Whitaker, Walkup and Worth,—26.
Those who voted in the negative are :
Messrs. Arendell, Eure, Gaither, Pitchford, Sharpe,
Slaughter, Taylor of Granville, Taylor of Brunswick,
Thomas of Jackson and Waugh,—10.
196
SENATE JOURNAL. [2nd. Ex. Ses.
So the bill passed the third reading, and was ordered to
be engrossed.
Mr. Worth now moved to reconsider the vote by which said
bill passed the third reading, and then moved to lay the mo¬
tion to reconsider on the table.
On motion by Mr. Taylor of Brunswick, the bill entitled
Militia be made the special order for 10 o'clock to-morrow.
Mr. Sharp moved to adjourn until 9 o'clock, and demanded
the yeas and nays.
Those who voted in the affirmative are :
Messrs. Bledsoe, Barringer, Blount, Candler, Eure, Grist,
Outlaw, Pitchford, Sharpe, Taylor of Granville, Turner and
Waugii,—12.
Those who yoted in the negative are :
Messrs. Arendell, Copeland, Dickson, Dobson, Dowd, Pri¬
son, Gaither, Hall, Harris of Franklin, Harriss of Chatham,
Humphrey, Ramsay, Simmons, Simpson, Street, Slaughter,
Spencer, Stubbs, Taylor of Brunswick, Thomas of Jackson,
Watson, Whitaker, Walkup and Worth,—24.
Mr. Hall moved to take a recess until 7^ o'clock. Mr.
Turner moved to adjourn until o'clock to-morrow, which
was decided in the negative.
Mr. Sharpe moved to adjourn until 9 o'clock, which was
decided in the negative.
Mr. Turner moved, to adjourn until 8]| o'clock to-morrow
morning, and demanded the yeas and nays.
Those who voted in the affirmative are:
Messrs. Blount, Candler, Copeland, Grist, Outlaw, Sharpe
and Turner,—7.
Those who voted in the negative are:
Messrs. Arendell, Bledsoe, Barringer, Dickson, Dobson,
Dowd, Eure, Faison, Gaither, Hall, Harris of Franklin,
Humphrey, Pitchford, Ramsay, Simmons, Simpson, Street,
Slaughter, Stubbs, Taylor of Brunswick, Thomas of Jackson,
Watson, Waugh, Whitaker, Walkup and Worth,—2(5.
So the Senate refused to adjourn.
1861. J
SENATE JOURNAL.
197
The question now recurred upon the motion by Mr. Hall,
to take a recess until 7£ o'clock, and the motion prevailed.
Wednesday Night Session, o'clock.
The resolution declaring the seats of certain members of
the General Assembly vacant, "who hold office in the Con¬
federate States or in this State, was read the second time, and
Mr. Bledsoe moved to lay on the table, and upon this ques¬
tion the yeas and nays were demanded.
Tho#e who voted in the affirmative are:
Messrs. Brown, Barringer, Candler, Copeland, Dickson,
Dobson, Hall, Harris of Franklin, Harriss of Chatham,
Humphrey, Simmons, Street, Taylor of Granville, Taylor of
Brunswick, Thomas Of Jackson and Whitaker,—16.
Those who voted in the negative are :
Messrs. Arendell, Blount, Dowd, Eure, Gaither, Outlaw,
Pitchford, Ramsay, Simpson, Sharpe, Stubbs, Turner, Waugh
and Worth,—14.
So the question was decided in the affirmative.
The resolution concerning alien enemies was read the second
and third times, passed, and was ordered to be engrossed.
Mr. Brown moved to reconsider the vote by which the Sen¬
ate ordered to transmit certain communications to the House,
with a proposition to print, and the motion prevailed.
The motion now recurred upon the adoption of the propo¬
sition to send a message with a proposition to print, and
On motion by Mr. Gaither, that portion of the proposition
in regard to printing was stricken out, and the message was
ordered to be sent.
Sundry resolutions, instructing the Committee on Finance,
were now read and laid upon the table.
The resolution allowing members of the Legislature milage,
who came to the extra session, was read the second and third
times, passed, and was ordered to be enrolled.
198
SENATE JOURNAL. [2nd. Ex. Sis.
The resolution for the issuing of State "bonds was read the
second time, and indefinately postponed.
The -hill to incorporate the Charlotte and Southwestern
Railroad Company was read the second time, and amended
as recommended by the committee.
Also, on motion by Mr. Bledsoe, the eleventh section was
stricken out, and with this amendment said bill passed the
second and third readings, and was ordered to be sent to the
House for concurrence.
The bill to take the sense of the people upon the propriety
of the Convention re-assembling—Mr. Candler moved to lay
the bill upon the table, and demanded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Brown, Candler, Dowd, Eure, Grist, Humphrey,
Outlaw, Ramsay, Street, Sharpe, Taylor of Granville, Thomas
of Jackson, Watson, Walkup and Worth,—15.
Those who voted in the negative are :
Messrs. Arendell, Bledsoe, Barringer, Blount, Copeland,
Dickson, Dobson, Faison, Gaither, Hall, Harris of Franklin,
Harriss of Chatham, Pitchford, Simmons, Simpson, Slaugh¬
ter, Stubbs, Taylor of Brunswick, Turner, Waugh and Whit-
aker,—21,
Mr. Gaither moved to strike out all after the enacting
clause, and insert the following resolutions, to wit:
Resolved, That the General Assembly recognize the right
of the people to call a Convention of the State, in accordance
with the provisions of the State Constitution, and to invest
that body when assembled with full power and authority to
change any of the provisions of the Constitution.
Resolved, That whilst we recognize such power to amend
and change the Constitution, we do not admit the power and
authority of such Convention to disregard any of the provi¬
sions thereof, so long as they are permitted to remain in the
Constitution.
Resolved, That this General Assembly regard that section
of the Bill of Rights which declares, " that the legislative,
executive, and supreme judicial powers of government ought
1861.]
SENATE JOOTNAL.
199
to be forever seperate and distinct from each, other," as de¬
claratory of one of the most important principles of civil
liberty, and should be held sacred and inviolable.
Resolved, That a Convention of the people have no more
right to assume legislative than executive, or judicial powers,
and in the opinion of this General Assembly, the late Con¬
vention of the people of this State has, in many of its acts,
(ordinances,) disregarded and violated the plain provisions
of our Declaration of Bights and State Constitution.
Resolved, That as much as the Constitution of the State
declares that the legislative authority shall be vested in the
Senate and House of Commons, under the name of the Gen¬
eral Assembly, is invested with all the legislative powers of
the State, this body, therefore, does most respectfully protest
against any and all rights by the State Convention.
Resolved, That, in the opinion of this General Assembly,
a Convention of the people, invested as to power, and un¬
limited as to time, is dangerous to civil liberty and free in¬
stitutions, and should be dissolved as soon as public interest
will permit.
Mr. Bamsay moved that the resolutions be laid upon the
table, and the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Brown, Bledsoe, Barringer, Candler, Dowd, Eure,
Grist, Outlaw, Bamsay, Street, Sharpe, Taylor of Granville,
Thomas of Jackson, Watson, Whitaker, Walkup and Worth,
Those who voted in the negative are :
Messrs. Arendell, Blount, Copeland, Dickson, Dobson,
Faison, Gaither, Hall, Harris of Franklin, Harriss of Chat¬
ham, Humphrey, Pitchford, Simmons, Simpson, Slaughter,
Stubbs, Taylor of Brunswick, Turner and Waugh,-—19.
So the Senate refused to lay upon the table.
Mr. Bamsay called for a division of the question.
The question now recurred upon the adoption of the reso¬
lution, and Mr. Outlaw moved that the bill and substitute
200
SENATE JOURNAL. [2nd. Ex. Srs.
be laid upon the table, and upon this question the yeas and
nays were demanded.
Those who voted in the affirmative are :
Messrs. Brown, Bledsoe, Blount, Candler, Dowd, Eure,
Grist, Humphrey, Outlaw, Ramsay, Street, Sharpe, Slaugh¬
ter, Taylor of Granville, Thomas of Jackson, Watson, Whit-
aker, Walkup and Worth,—19.
Those who voted in the negative are:
Messrs. Arendell, Copeland, Dickson, Dobson, Faison,
Gaither, Hall, Harris of Franklin, Harriss o-f Chatham,
Pitchford, Simmons, Simpson, Stubbs, Taylor Of Brunswick,
Turner and Waugh,—16.
So the whole matter was laid upon the table.
The resolution in favor of enlisted soldiers was read the
second and third times, passed, and was ordered to be enrolled.
The bill to amend the one hundred and nineteenth chapter
of the Revised Code, entitled wills and testaments, was read
the second and third times, passed, and was ordered to be
enrolled.
The bill to provide for the collection of insolvent taxes
was read the second time, and was indefinitely postponed.
The bill to amend the Act of 1860-'61, chapter sixty-six,
was read the second time, and laid upon the table.
The bill to purchase horses for the company of Captain B.
R. Moore, was read the second time.
Mr. Arendell moved to amend as follows, to wit:
That an additional sum of $15,000 be and is hereby appro¬
priated, to arm and equip Captain P. G. Eure's cavalry com¬
pany.
Mr. Outlaw now moved that the bill and amendment be
laid upon the table, and the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Barringer, Blount, Copeland, Dickson, Dobson,
Dowd, Hall, Outlaw, Pitchford, Street, Slaughter, Stubbs,
Turner, Watson, Waugh, Whitaker and Worth,—17.
Those who voted in the negative are:
Messrs. Arendell, Brown, Bledsoe, Candler, Eure, Faison,
1861.]
SENATE JOURNAL.
201
Gaither, Harris of Franklin, Humphrey, Ramsay, Simmons,
Simpson, Sharpe, Taylor of Brunswick and Thomas of Jack¬
son,—15.
So the bill was laid upon the table.
The bill to authorize the issuing of due bills by the town
of Wilmington was read the second time, and laid upon the
table.
The bill to divide the State into twelve electoral districts
was read the second and third times, passed, and ordered to
be enrolled.
Mr. Outlay moved to adjourn until 8£ o'clock to-morrow,
and the motion prevailed.
THURSDAY, September 19th, 1861.
The Senate met at 8£ o'clock.
The Journal was read and approved.
Mr. Outlaw from the committee of conference in regard to
the bill to provide for the issuing of treasury notes, submit¬
ted the following report which was concurred in, to wit:
The undersigned, a committee of conference appointed by
the two houses upon the disagreeing votes of the two houses
upon the bill to authorize the Public Treasurer to issue treas¬
ury notes, having met, and after a full and free conference
do recommend to their respective houses to adopt the amend¬
ment marked " A" as a substitute for the 9th section of the
bill, and to concur in the Senate's amendment.
They further recommend that the title of the bill be
amended by the addition of the words " for other purposes."
Respectfully submitted,
SAMUEL P. HILL,
W. S. HARRISS,
A. G. WATERS,
Committee House of Commons y
DAVID OUTLAW,
J. W. B. WATSON,
Com. on the part of the Senate.
202
SENATE JOURNAL. [2ND EX. Sis.
Be it enacted, That for the payment of the principal and
annual interest upon the said loan, that a tax of two cents
upon every hundred acres valuation of land and slaves be
hereby imposed on those subjects, which said tax shall be
sacredly applied to the payment of the principal and interest
of the loan hereby authorized.
Be it further enacted, That any excess of the tax over and
above the payment of the annual interest on the,loan hereby
authorized, shall be paid over to the commissioners of sinking
fund, whose duty it shall be to invest it at a rate of interest
of not less than per cent, per annum, to be applied in
payment of the principal of said loan when it shall fall due.
Mr. Turner presented a memorial from Capt. Reeve's com¬
pany of twelve months volunteers.
Mr. Turner moved to transmit to the House.
Mr. Thomas of Jackson moved to refer to the Committee
on Military Affairs.
Mr. Thomas of Jackson moved to lay the motion upon the
fable.
Those who voted in the negative are :
Messrs. Arendell, Brown, Bledsoe, Barringer, Blount,
Candler, Copeland, Dickson, Dobson, Eure, Gaither, Grist,
Harris of Franklin, Harriss of Chatham, Humphrey, Out¬
law, Pitchford, Ramsay, Simmons, Simpson, Street, Sharpe,
Slaughter, Stubbs, Taylor of Granville, Taylor of Bruns¬
wick, Thomas of Jackson, Turner, Watson, Waugh, Whit-
aker and Worth,—34.
. There being no votes cast in the affirmative, the memorial
was not laid upon the table.
The question now recurred upon the motion to transmit
and was decided in the affirmative.
The hour for the special order intervened, to wit : The
consideration of the bill entitled Militia, and Mr. Thomas of
Jackson asked its postponement and demanded the yeas and
nays.
Those who voted in the affirmative are :
SENATE JQUBNAL.
203
Messrs. Arendell, Faison and Thomas of Jackson,-—3.
Those who voted in the negative are :
Messrs. Brown, Bledsoe, Barringer, Blount, Candler,
Bobson, Eure, Gaither, Grist, Hall, Harris of Franklin,
Harriss of Chatham, Humphrey, Outlaw, Pitchford, Bam-
say, Simmons, Simpson, Sharpe, Slaughter, Stubbs, Taylor
of Granville, Taylor of Brunswick, Turner, Watson, Waugh,
Whitaker, Walkup and Worth,—30.
So the Senate refused to postpone.
Received a message from the House stating that the House
had concurred in the amendment of the Senate to the bill to
incorporate ihe Charlotte and Western Railroad Company.
Mr. Hall from the Committee on Military Affairs, asked
and obtained leave to report on the following bills, to wit:
The bill to authorize the organization of the 11th Regiment
of State Troops with amendments, and recommended its
passage.
Mr. Hall moved that the rules be suspended and that said
bill be read second and third times, and upon the motion to
suspend he demanded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Arendell, Barringer, Copeland, Dickson, Eure,
Faison, Gaither, Hall, Humphrey, Pitchford, Stubbs, Wat¬
son and Whitaker,—14.
Those who voted in the negative are :
Messrs. Brown, Blount, Candler, Dobson, Dowd, Grist,
Harris of Franklin, Harriss of Chatham, Outlaw, Ramsay,
Simpson, Street, Sharpe, Slaughter, Taylor of Granville,
Turner, Waugh, Walkup and Worth,—21.
The question was now upon the passage of the bill entitled
Militia, the second reading, which was decided in the affirma¬
tive, and said bill was read the third time, and
Mr. Barringer moved to strike out in the 3rd section,
lines 7 and 26, the word fifty and insert the wrords "forty-
five," and upon this question the yeas and nays were de¬
manded.
204
SENATE JOURNAL. [2nd. Ex. Sbs.
Those who voted in the affirmative are:
Messrs. Bledsoe, Barringer, Dickson, Dowd, Eure, Harriss
of Chatham, Pitchford, Ramsay, Slaughter, Taylor of Gran¬
ville and Waugh,—11.
Those who voted in the negative are:
Messrs. Brown, Blount, Candler, Dobson, Gaither, Grist,
Harris of Franklin, Outlaw, Simmons, Simpson, Street,
Stubbs, Taylor of Brunswick, Turner, Watson, Whitaker,
Walkup and Worth,—18.
So the Senate refused to strike out.
Mr. Ramsay moved to amend 4th section, 5th line, after
the word counties, by inserting the words "all practicing
physicians."
The amendment did not prevail.
Mr. Ramsay now moved to amend as follows, to wit:
And provided further, That practicing physicians shall be
exempt from any fine or penalty for not attending to the
ordinary company and regimental drill, on making oath that
it was necessary for him to be absent upon professional duty.
And upon this amendment the yeas and nays were de¬
manded.
Those who voted in the affirmative are :
Messrs. Barringer, Blount, Dickson, Eure, Faison, Grist,
Harris of Franklin, Humphrey, Pitchford, Simpson, Slaugh¬
ter, Taylor of Granville, Turner, Whitaker and Worth,—16.
Those who voted in the negative are:
Messrs. Brown, Candler, Dobson, Dowd, Gaither, Harriss
of Chatham, Outlaw, Simmons, Street, Stubbs, Taylor of
Brunswick, Thomas of Jackson, Watson, Waugh and
Walkup,—15.
Mr. Brown moved to amend the 4th section, line 8th, after
the word State, add the words " one person in each apothe¬
cary store."
The amendment was rejected.
Mr. Street moved to amend hy striking out in the 23rd
1861.]
SENATE JOURNAL.
20$
section the words " first and third lieutenants" in the 14th
and 15th lines, and insert the word " captain."
The,amendment was adopted.
Mr. Street now moved to amend the said section by stri¬
king out in 22nd line the. words one thousand five hundred
dollars, and inserting the words " two thousand dollars."
And the amendment prevailed.
On motion by Mr. Street, in section 38, the word " Gene¬
ral' ' was stricken out.
Mr. Gaither moved to strike out the 68th section, and insert
a substitute offered by him.
Mr. Ramsay offered the following as an amendment to the
amendment by Mr. Gaither, to wit:
And provided further, That it may be lawful for any one
so drafted to tender to the commander of the regiment a sub¬
stitute for himself if he desires so to do ; and if said substi¬
tute is received by said commander, the individual drafted
shall be excused from going into active service.
And the amendment was adopted.
The question now recurred upon the amendment by Mr.
Gaither, and was decided in the affirmative.
On motion by Mr. Bledsoe the following was added to the
section : " Together with one additional regiment of infan¬
try."
On motion by Mr. Hall the following amendment was
adopted, to wit: Strike out the words " two companies" and
insert the words " five companies of heavy artillery for coast
defense."
Mr. Arendell moved to amend as follows, to wit: All shoe
makers employed in filling contracts for the State.
Mr. Waugh moved to amend by adding " all persons en¬
gaged in making clothes."
The amendments were rejected.
Mr. Street moved to amend the 12th section by striking
out,the words " upper and lower," and inserting the words
" North and South."
And the amendment was adopted.
206?
SENATE JOUBNAL. [2nd. Ex. Ses,
Mr. Street now moved to amend as follows, to wit: Strike
out in section 24 all after the word " once" in Tth line, and
insert " in two weeks from the first of April to the first of
December, and once a month during the other months during
the time of the war. In time of peace the duties above
required of the captain shall be one half as often."
The amendment did not prevail.
Mr. Gaither moved to amend the 4th section by adding
after the word " counties" in the fifth line, the following, to
wit: Insert all the necessary employees of the different rail¬
road companies in the State and keepers of the telegraphic
offices.
Mr, Candler moved to amend the amendment as follows,
to wit:
Add the principal and teachers of the Deaf and Dumb
Asylum.
The amendment did not prevail.
The question now recurred upon the motion by Mr. Gaither,
and the yeas and nays were demanded.
Those who voted in the affirmative are!:
Messrs. Arendell, Brown, Bledsoe, Barringer, Blount,
Copeland, Dickson, Dowd, Faison, Gaither, Hall, Harris of
Franklin, Harriss of Chatham, Humphrey, Pitchford, Bam-
say, Simmons, Simpson, Street, Sharpe, Taylor of Gran¬
ville, Watson and Whitaker,—23.
Those who voted in the negative are:
Messrs. Candler, Dobson, Eure, Grist, Outlaw, Slaughter,
Stubbs, Taylor oFBrunswick, Waugh and Walkup,—10.
The question was decided in the affirmative.
Mr. Slaughter moved to reconsider the vote by which the
Senate had agreed to insert a proviso at the end of the fourth
section, and the question was decided in the negative.
The yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Brown, Candler, Dickson, Dobson, Dowd, Grist,"
Harriss of Chatham, Outlaw, Pitchford, Simmons, Street,
1861.]
SENATE JOUENAL.
207
Slaughter, Stubbs, Taylor of Brunswick, Waugb and Whit-
aker,—16.
Those who voted in the negative are :
Messrs. Bledsoe, Barringer, Blount, Copeland, Eure, Fai-
son, Gaither, Hall, Harris of Franklin, Humphrey, Kam-
say, Simpson, Sharpe, Taylor of Granville, Turner, Watson
and Walkup,—17.'
So the Senate refused to reconsider.
Mr." Walkup moved to amend as follows, to wit:
Strike out " Anson", " upper," opposite No. 81 ; and in¬
sert "Union west."
Strike out " Union" opposite 83, and insert " Stanly."
The question now recurred upon the final passage of said
hill, and the yeas and nays were demanded.
Those who voted in the affirmative are:
Messrs. Arendell, Bledsoe, Barringer, Blount, Candler;
Copeland, Dickson, Dobson, Dockery,'Dowd, Eure, Faison,
Gaither, Grist, Hall, Harris of Franklin, Harriss of Chat¬
ham, "Humphrey, Outlaw, Pitchford, Kamsay, Simmons,
Street, Sharps, Stubbs, Taylor of Granville, Taylor of Bruns¬
wick, Watson, Whitaker and Waugh,—29.
Those who voted in the negative are :
Messrs. Slaughter, Turner and Waugh,—3.
So the bill passed the third reading and wag ordered to be
sent to the" House for'concurrence.
^ Mr'. Watson introduced a resolution to allow the Commit¬
tee on Claims to issue orders to the Public Treasurer to pay
all private claims passed upon by them and upon this resolu¬
tion the yeas and nays were demanded.
Mr. Outlaw moved to lay upon the table and demanded
the yeas and, nays.
Those who voted in the affirmative are :
Messrs. Brown, Barringer, Blount, Dowd, Eure, Gaither,
Grist, Harriss of Chatham, Outlaw, Pitchford, Simmons,
Simpson, Street, Sharpe, Slaughter, Stubbs, and Whitaker,
—17.
208
SENATE JOURNAL. [2nd. Ex Sib.
Those who voted in the negative are :
Messrs. Arendell, Bledsoe, Candler, Copeland, Dickson,
Faison, Harris of Franklin, Humphrey, Ramsay, Taylor of
Granville, Taylor of Brunswick, Turner, Watson, Waugh
and Walkup,—15.
So the resolution was laid upon the table.
Received a message from the House, stating that the
House had refused to concur in the report of the committee
of conference, in regard to the bill to authorize the Public
Treasurer to issue Treasury notes.
Mr. Gaither moved to recede, and the yeas and nays were
demftoded.
Those who voted in the affirmative are:
Mesfers, Arendell, Blount, Candler, Dickson, Eure, Fai¬
son, Gaither, Harris of Franklin, Harries of Chatham,
Pitcbford, Ramsay, Simpson and Street,—13.
Those who voted in the negative are :
Messrs. Brown, Barringer, Copeland, Dowd, Grist, Hum¬
phrey, Outlaw, Simmons, Sharpe, Slaughter, Stubbs, Taylor
of Granville, Turner, Waugh, Whitaker and Walkup,—15,
So the Senate refused to recede.
Mr. Outlaw now moved that the Senate insists upon its
amendment, and asked another committee of conference.
Mr. Stubbs introduced a resolution to provide for the
payment of the officers and men captured at Fort Hatteras,
which was read the second and third time, passed and was
ordered to be engrossed.
Mr. Brown introduced a bill in favor of persons in jail,
which was read the first time.
Mr. Outlaw moved to take a recess untij o'clock.
Mr. Faison moved to take a recess until o'clock, and the
motion prevailed.
Evening Session, 4 o'clock, P. M.
The question was to suspend the rules, and the motiop to
suspend was withdrawn.
1861.] SENATE JOURNAL. 209
Received a message from the House, stating that the
House had passed the engrossed hill to authorize a special
company of cavalry, which was read first time and passed.
The resolution in regard to the Convention, was read and
laid upon the table.
The bill to sell land was read ther second and third times,
passed and ordered to bo enrolled.
» The resolution to authorize the Governor to commission
officers was read the second time and laid upon the table.
Mr. Worth reported back the resolution concerning the
8ea*eoast, and asked to be discharged from its further consid¬
eration, and the committee was so discharged and the reso¬
lution was laid upon the table.
. The resolution concerning the pay of soldiers which was
read and laid upon the table.
Received a message from the House, stating that the
House concur in the Senate's amendments to H. 122, entitled
Militia.
The Speaker of the House has signed the following act:
An act to incorporate the Charlotte and South Western
Railroad Company ; whereupon, the Speaker signed and rat¬
ified the same in the presence of the Senate.
The bill to legalize and confirm certain act§ of the county
courts, was read the second and third times, passed and
ordered to be enrolled.
The bill to amend an act entitled an act to incorporate the
Greensboro' and Leaksville Railroad Company, was read the
seeond time, amended as recommended by the committee,
passed and was ordered to be engrossed.
The bill to change the time of,subscription of stock to the
Yanceyville and Junction Railroad Company, was read the
second and third times, passed and was ordered to be en¬
grossed.
The bill to repeal the 6th section of the 33rd chapter of
the Revised Code was read the second time and laid upon
the table.
H .
110
SENATE JOURNAL. [2nd. Ex. Sks.
The bill to relieve the people during the present war, was
read the second time and laid upon the table.
The bill to amend the charter of the Wilmington and
Tarboro' Railroad Company, was read the second and third
times, passed and ordered to be engrossed.
The Resolution in favor of certain officers, was tead the
second time and laid upon the table.
The bill to give the County Courts of Onslow a grand jury,
was read the second and third times, passed and ordered to
be engrossed.
The resolution in regard to leave of absence, was read the
second time and laid upon the table.
The bill to increase the pay of non-commissioned officers
and privates., was read the second time and laid upon the
table.
The resolution concerning balsam and quinine, was read
the second time and laid upon the table.
The bill to amend the 26th chapter of the Revised Code,
was read the second time and referred to the Committee on
the Judiciary.
The bill to prevent the collection of taxes for school pur¬
poses, was read the second time, and
Mr. Barringer moved to lay upon the table and demanded
the yeas and nays.
Those who voted in the affirmative are :
Messrs. Barringer, Dickson, Eure, Faison, Harriss of
Chatham, Humphrey, Ramsay, Slaughter, Taylor of Bruns¬
wick, Whitaker and Worth,—11.
Those who voted in the negative are:
Messrs. ArcDdell, Brown, Blount, Candler, Copeland,
*)obson, Dowd, Gaither, Grist, Harris of Franklin, Pitch-
ford, Simmons, Simpson, Street, Stubbs, Taylor of Granville,
Thomas of Jackson, Watson, Waugh and Walkup,—20.
So the Senate refused to lay upon the table.'1
The question now recurred upon the passage of the bill the
second reading, and
On motion by Mr. Barringer the bill was amended and as
1861.] SENATE JOURNAL.
211
amended passed the second and third times and was ordered
to be engrossed.
The resolution in favor of North Carolina soldiers, was
read the second time and laid upon the table.
The bill to amend the Revised Code and other laws was
read the secdnd and third times, passed and was ordered to
be enrolled.
The bill to authorize free negroes to go into volunteer
servitude, was read the second time and laid upon the table.
The bill to authorize the Governor to muster into the ser¬
vice of the State a battalion of Cherokees, was read the second
and third times, amended as recommended by the committee,
passed and read the third time, passed and ordered to be
engrossed.
Received a message from the House, stating that the House
had passed the accompanying engrossed bills, to wit:
A bill to raise a force for the defence of the State ;
A bill to reduce the pay of certain officers ;
A bill for the defence of the Eastern Coast, in all which
the concurrence of the Senate is asked.
Also, that the Speaker of the House had signed the billl
entitled an act to amend the charter of the Bank of Roxboro'.
The bill for the defence of the State was now taken up andi
read the second and third times, passed as amended andi
ordered to be sent to the House for concurrence.
The bill to authorize the banks of the State to deal in stocks;
and bonds of the State, was read the first time and passed.
The bill to reduce the pay of certain officers, was read the-
second time and passed.
The bill to raise a force fo? the defence of the £>tate, was
read the second and third times, passed and was ordered to
be enrolled.
The bill to repeal an act of the session 1861, relating to
free negroes, was read the second time and rejected.
-The resolution to authorize the Governor to. establish a
Military camp, was read the second -and third times, passed
attd was ordered to be enrolled*
212
SENATE JOURNAL. [2nd. Ex. Ses.
The bill to prevent the selling of liquor at or near public
gatherings.
The bill to authorize the court of Caswell to increase the
jailors fees, was read the second and third times, passed and
was ordered to be engrossed.
The resolution in favor of R. C. Duvall, was read the second
and third times, passed and was ordered to be transmitted
for concurrence.
The bill to increase the State Troops, was read the second
and third times, passed and was ordered to be engrossed.
The resolution to request the appointment of Col. Martin,
a Brigadier General, was read the second time and laid upon
the table.
The bill to establish a telegraphic line of communication
between th^ town of Fayetteville and Warsaw, was read the
second time, passed and was ordered to be engrossed.
On motion by Mr. Ramsay the Senate took a recess until
o'clock.
Night Session, o'clock.
On motion by Mr. Stubbs,
Resolved, That a proposition be sent to the House of Com¬
mons, proposing to rescind the joint resolution by which the
two Houses agreed to adjourn on Friday next, 4 o'clock P.
,M., and proposing that the two Houses shall adjourn Monday
next, 6 o'clock A. M.
Mr. Humphrey moved to amend by saying 4 o'clock Satur¬
day next, and the amendmen^did not prevail.
Mr. Humphrey now moved to amend by saying Saturday
night 12 o'clock, and the amendment did not prevail.
Mr, Slaughter moved to adjourn Saturday morniDg 6
o'clock, and the motion did not prevail.
The qiiestion now recurred upon the resolution by Mr.
Stubbs and was decided in the affirmative.
On motion by Mr. Humphrey it was ordered that a message
1861.]
SENATE JOURNAL.
213
"be sent to the House to so amend the rules as to allow the
Speakers to ratify engrossed bill that had not been interlined
without enrollment.
Received a message stating that it was order that a message
be sent to the Senate proposing to repeal the joint resolution
of the two Houses, by which it was agreed to adjourn Friday
4 o'clock P. M.
Also, the Speaker of the House had signed the following
bills, to wit:
A resolution in favor of enlisted soldiers ;
A resolution concerning alien enemies ;
An act to amend the 119th chapter of the Revised Code,
entitled wills and testaments.
On motion by Mr. the proposition to adjourn was
laid upon the table.
Mr. Brown introduced a bill to establish an auditors office,
which was read the first and second times and passed.
Mr. Gaither moved that the bill be so amended as to limit
said office to the next General Assembly, and the motion
prevailed. So antended the bill was read the third time,
passed and was ordered to be engrossed.
The resolution to authorize the appointment of Assistant
Surgeons, was read the third time, and the question was
upon the amendment by the adoption of an amendment by
the committee.
Mr. Lane moved to lay upon the table and demanded the
yeas nays.
Those who voted in the affirmative are :
Messrs. Adams, Barringer, Candler, Gaither, Humphrey,
Outlaw, Pitchford, Simpson, Street, Slaughter, Stubbs, Wat¬
son, Walkup and Worth,—14.
Those who voted in the negative are :
Messrs. Arendell, Bledsoe, Blount, Copeland, Dickson,,
Dobson, Eure, Faison, Grist, Harris of Chatham, Ramsay,
Taylor of Granville, Taylor of Brunswick, Thomas of Jack¬
son, Thomas of Davidson and Waugh,—16.
So the motion to lay upon the table prevailed.
214 SENATE JOURNAL. [2nd Ex. Ses.
The question then recurred upon the amendment and was
on motion indefinitely- postponed.
Upon the question to postpone the yeas and nays were de¬
manded.
Those who voted in the affirmative are :
Messrs. Barringer, Blount, Candler, Dowd, Grist, Lane,
Outlaw, Pitchford, Simmons, Simpson, Street, Sharpe, Slaugh¬
ter, Stubbs, Watson, Whitaker, Walkup and Worth,—18.
Those who voted in the negative are:
Messrs. Arendell, Brown, Copeland, Dickson, Dobson,
Eure, Faison, Gaither, Harris of Franklin, Harriss of Chat¬
ham, Ramsay, Taylor of Granville, Taylor of Brunswick
and Waugh,—14.
So the bill was indefinitely postponed.
Received a message from the House, stating that the House
had concurred in'the proposition of the Senate to so amend
the joint rules as to permit the Speakers to ratify bills without
enrollment.
Also, that- the Speaker of the House had signed the follow¬
ing acts: { t
An act to extend the time for the subscription of stock to
the Milton, Yanceyville and Junction Railroad Company;
An act to increase the jailors fees in the county of Caswell.
Also, that the House had concurred in the substitute for
the resolution in favor of R. C. Duvall.
Mr. Worth, from the Committee of Conference, reported as
follows, to wit:
The Committee of Conference on the amendments lhadeby
the Senate, to the bill to authorize the Public Treasurer to
issue Treasury notes, have conferred thereon, and recommend
that the Senate recede from said amendent.
JONATHAN WORTH,
D. D. FEREBEE,
R. R. BRIDGEKS,
N. R. STREET,
C. G. WRIGHT.
1861.]
SENATE JOURNAL.
215
Received a message from tlie House, stating that tlie House
had concurred in the proposition of the Senate to adjourn
sine die on Monday next at 6 o'clock, A. M.
Also, that the Speaker of the House had signed an en¬
grossed resolution concerning milage, and the ratification of
the Speaker of the Senate was ordered.
The hill supplemental to an act to raise ten thousand State
Troops, was read the second and third times, passed and was
ordered to be engrossed.
Mr. Worth moved that a proposition he sent to the House
proposing that a joint committee he raised to inquire into the
expediency of having the public laws printed at the Deaf and
umb Asylum, and the motion prevailed.
The bill to appoint a transportation agent, was read the
second time and laid upon the table.
The bill to appoint a drill master) for the several counties
of the State, was read the second time and amended as re-
ommended by the committee, passed, and read the third
time, passed and was ordered to be engrossed.
The bill to authorize the erecting of an iron and brass
foundry, was read the second time and was referred to the
Committee on Corporations.
On motion by Mr. Slaughter, the Senate adjourned until
8£ o'clock to-morrow morning.
FRIDAY, September 20th, 1861.
Mr. Barringer, from the Committee on the Judiciary, re¬
ported the following bills, and recommended that said bills
do not pass, to wit:
The bill to amend the Revised Code, chapter 80, section 1,
entitled " Overseers ; "
The bill to forfeit the titles to land ;
The bill to amend section 2, chapter 34, Revised Code.
Also,
216
SENATE JOURNAL. [2nd. Ex. Ses.
Sundry resolutions instructing said committee, and asked
to be discharged.
Also, the bill to reciprocate the Cumberland Invincibles,
and recommended its passage ;
Also, Mr. Barringer, from the Committee on Military
Affairs, reported back the communication in regard to the
establishment of a hospital, and submitted the following
report, to wit:
The joint select Committee on Military Affairs, to whom
was referred a message with accompanying documents from
his Excellency, the Governor, in regard to the establishment
of a Hospital in Virginia, for our sick and wounded soldiers,
beg leave to report the same back to the Senate, and as the
object of the communication has been accomplished, the
committee ask to be discharged from the further considera¬
tion of the subject.
BARRINGER,
For the Committee.
Received a message from the House of Commonsstating that
that body refuses to concur in the proposition of the Senate
to raise a joint committee concerning the printing of the
laws of the present session ; also, transmitting a resolution
to provide for the payment of the officers and men captured
at Fort Hatteras, and announcing that the Speaker of that
body had signed fthe same.
Also, that the House had passed a bill to repeal an act
passed at the present session to provide arms for the indepen¬
dent regiment of North Carolina, which was read the first
time and passed.
Mr. Pitchford, from the Committee on Corporations, re¬
ported back the bill to authorize the establishment of an
iron and brass foundry and recommended that said bill do
not pass.
Mr. Candler introduced a resolution for soldiers to receiye
$13 per month, which was read the first time, passed and
was referred to the Committee on Military Affairs.
1861.]
SENATE JOURNAL.
217
The bill to authorize the Governor to muster into the ser¬
vice of the State, a battalion of Cherokees, was read second
and third times, amended and passed and ordered to he en¬
grossed.
The special order now intervened, to wit: the considera¬
tion of the Cape Fear and Deep River Navigation works,
which was read the second time, and Mr. Outlaw moved to
lay upon the table, and demanded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Arendell, Blount, Dickson, Dobson, Harris of
Franklin, Lane, Outlaw, Simpson, Street, Sharpe, Stubbs,
Taylor of Granville, Waugh, Walkup and Worth,—15.
Those who voted in the negative are:
Messrs. Bledsoe, Barringer, Candler, Copeland, Dowd,
Eure, Faison, Grist, Harriss of Chatham, Humphrey, Pitch-
ford, Ramsay, Taylor of Brunswick, Thomas of Jackson,
Watson and Whitaker,—16.
So the Senate refused to lay on the table.
The question now recurred upon the passage of said bill
the second reading, and Mr. Street moved to amend as fol-
follows, to wit:
Strike out all of the bill after the word "to" in the third
line of the 1st section, and insert "advertise for the period
of sixty days and sell to the highest bidder, the works, fran¬
chises and other property owned by the State on Cape Fear
and Deep River, upon a credit, and upon conditions, to be
designated by the Governor, having and keeping in view the
interest of the State."
Upon this question, Mr. Thomas of Jackson, demanded
the yeas and nays.
Pending discussion, Mr. Worth moved to amend the
amendment, as follows, to wit:
Provided however, that the purchaser or purchasers shall
not be allowed to make dividends exceeding twenty per cent.
o$ the amount expended in the purchase and reconstruction
of the work."
The amendment to the amendment was accepted.
218
SENATE JOURNAL. [2nd EX. &S.
Mr. Thomas of Jackson, now moved to amend the amend¬
ment by Mr. Street, as follows, to wit:
And provided further, That the sale of the improvement
shall not be for a less sum than it cost the State.
The amendment of Mr. Thomas was now withdrawn, and
the question now recurred upon the amendment by Mr.
Street.
Those who voted in the affirmative are :
Messrs. Brown, Blount, Candler, Dickson, Dobson, Eure,
Faison, Gaither, Harris of Franklin, Humphrey, Outlaw,
Ramsay, Simpson, Street, Sharpe, Stubbs, Watson, Waugh,
Walkup and Worth,—20.
Those who voted in the negative arc :
Messrs. Arendell, Bledsoe, Barringer, Copeland, Dowd,
Grist, Harriss of Chatham, Lane, Pitchford, Taylor of Gran¬
ville, Thomas of Jackson and Whitaker,—12.
Mr. Thomas now moved to lay the bill and amendments
upon the table and demanded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Arendell, Brown, Bledsoe, Barringer, Candler,
Copeland, Dobson, Dowd, Eu're, Faison, Gaither, Harris of
Franklin, Harriss of Chatham, Lane, Pitchford, Ramsay,
Simpson, Sharpe, Taylor of Granville, Thomas of Jackson
and Whitaker,—21.
Those who voted in the negative are:
Messrs. Blount, Dickson, Humphrey, Outlaw, Street,
Stubbs, Watson, Waugh, Walkup and Worth,—10.
So the bill was laid upon the table.
Received a message from the House, stating that the
Speaker of the House has signed the following acts:
An act to authorize the Public Treasurer to issue Treasury
notes ;
Resolution to provide winter clothing for the troops ;
An act to raise a force for the defence of the State ;
An act tov divide the State into twelve electoral districts j
An act to provide additional defences for the coast of North
Carolina, and,
1861.]
SENATE JOURNAL.
219
A resolution that it shall he the duty of the Governor to
establish a military camp ;
Whereupon the Speaker of the Senate ratified the same
in the presence of the Senate.
Mr. Waugh moved to reconsider, by which the bill to re¬
lieve the people during the present war, was laid upon the
table, and upon which motion, the yeas and nays were de¬
manded.
Those who voted in the affirmative are:
Messrs. Arendell, Bledsoe, Dickson, Eure, Faison, Grist,
Harris of Franklin, Harriss of Chatham, Humphrey, Lane,
Outlaw, Pitchford, Simpson, Street, Thomas of Jackson,
Waugh, Whitaker and Worth,—18.
Those who voted in the negative are:
Messrs. Brown, Barringer, Blount, Candler, Dobson,
Gaither, Ramsay, Taylor of Granville, Watson and Walkup,
—10.
So the Senate decided to reconsider and the bill was read
the second time and the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Arendell, Bledsoe, Barringer, Candler, Dickson,
Dowd, Eure, Faison, Harris of Franklin, Harriss of Chat¬
ham, Humphrey, Lane, Outlaw, Pitchford, Street, Taylor
of Granville, Thomas of Jackson, Waugh and Whitaker,—
19-
Those who voted in the negative are :
Messrs. Brown, Blount, Dobson, Gaither, Ramsay, Simp¬
son, Sharpe, Stubbs, Watson, Walkup and Worth,—11.
So the bill passed the second time and was read the third
time, and Mr. Ramsay moved to lay the same upon the ta¬
ble, and the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Adams, Arendell, Brown, Blount, Copeland,
Dobson, Dowd, Gaither, Grist, Ramsay, Simpson, Taylor of
Brunswick, Turner, Waugh, Walkup and Worth,—16.
Those who voted in the negative are :
220
SENATE JOURNAL. [2nd. Ex. Sis.
Messrs. Bledsoe, Candler, Dickson, Eure, Faison, Harris
of Franklin, Humphrey, Lane, Outlaw, Pitchford, Street,
Slaughter, Taylor of Granville and Thomas of Jackson,—
14.
So the hill was laid upon the table.
The bill to provide for the completion of the Western Turn¬
pike, was read the second and third times, passed and was
ordered to he engrossed.
Sundry persons were appointed Justices of the Peace.
On motion of Mr. Outlaw, the Senate took a recess until
three-and-a-half o'clock.
Afternoon Session, 4 o'clock.
The hill to perfect the title to land, was read the second
time, amended, and passed and read the third time, passed
and was ordered to he engrossed.
The bill to authorize the erection of an iron and brass
foundry was read the second time and laid upon the table.
The bill to authorize officers to impress certain person into
the service, was read the second time and laid upon the
table;
The bill to authorize the Governor to call out Volunteers
was read the second time and laid upon the table ;
The resolution to encourage the manufacturing of rifles
was read the second time, and Mr. Outlaw moved that said
resolution be laid upon the table;
The question to lay upon the table did not prevail.
The question now recurred upon the passage of the resolu¬
tion the second time and was decided in the affirmative.
The resolution was read the third time and laid upon the
table.
On motion of Mr. Gaither,
Bcsolved, That a message be sent to the House of Com¬
mons, proposing to go into the election of an Adjutant Gen¬
eral at 11 o'clock to-morrow.
1861
SENATE JOURNAL.
221
Mr. Turner introduced a resolution against the Governor's
embargo upon bacon and leather.
Mr. Thomas of Jackson, moved to refer and demanded
the yeas and nays.
Those who voted in the affirmative are:
Messrs. Bledsoe, Barringer, Blount, Candler, Dickson,
Dobson, Dowd, Eure, Faison, Gaither, Harris of Franklin,
Harriss of Chatham, Lane, Pitchford, Ramsay, Simmons,
Simpson, Street, Taylor of Brunswick, Thomas of Jackson
and Whitaker,—21.
Those who voted in the negative are :
Messrs. Adams, Outlaw, Sharpe, Slaughter, StubbSj
Turner, Watson, Waugh, Walkup and Worth,—10.
The bill to amend the 96th chapter of the Revised Code,
entitled "Registers," was read the second time, and indefi¬
nitely postponed.
The resolution concerning the public printing and binding
was read the second time, passed and was ordered to he en¬
rolled.
The bill to amend Revised Code, chapter 80, section 1st,
entitled " Overseers," was read the second time and laid
upon the table, and the yeas and nays were demanded.
Those who voted in the affirmative are:
Messrs. Adams, Barringer, Dobson,, Dowd, Eure, Gaither,
Outlaw, Ramsay, Simmons, Simpson, Street,Sharpe, Slaugh¬
ter, Stubbs, Taylor of Brunswick, Watson, Whitaker and
Worth,—18.
Those who voted in the negative are :
Messrs., Brpwn, Blount, Candler, Copeland, Dickson,
Faison, Harris of Franklin, Lane, Pitchford, Thomas of
Jackson, Turner, Waugh and Walkup,—-13.
Mr. Arendell introduced the following :
Mesolved, That the Governor be and he is hereby author¬
ized to purchase one or more machines for rifling cannon,
which was read and laid upon the table.
On motion, by Mr. Eure,
222
SENATE JOURNAL. [2nd. Ex. Ses.
Resolved, "by the Senate, That the Senate Chamber he ten¬
dered to the ladies of this city for their concert this evening,
in behalf of the sick and wounded soldiers bf North Caro¬
lina.
On motion, by Mr. Candler, the Senate adjourned until
8 o'clock, to-morrow morning.
SATURDAY, September 21st, 1861.
The Speaker announced that a bill entitled an act to amend
the Revised Code and other laws had been received for ratifi¬
cation, which had been interlined. On motion, a message
was ordered to be sent to the House with a proposition to
re-commit to the committee on enrolled bills.
Received a message from the House, stating that the House
had signed the following enrolled bills, to-wit:
A resolution in favor of officers and soldiers.
An act to legalize and confirm certain acts of County
Courts.
An act to amend the Revised Code and other laws ;
A resolution in favor of R. C. Duval, Thomas Crosan,
David Coleman and Wm. C. Baudinot;
The two latter with certain interlineations mentioned in
the report of the committee on enrolled bills.
An act entitled Militia ;
An act to prevent the felling of timber in certain channels
in Bladen County.
Received a message from the House of Commons announ¬
cing its soncurrence in the proposition of the Senate to go
into the election of Adjutont General to-day at 11 o'clock.
Mr. Candler introduced a resolution for the publication of
the Militia law ; a*resolution concerning the pay of members,
and a resolution to furnish justices appointed by the present-
session with the Revised Code, "all of which read the first
time and passed.
1861.]
SENATE JOURNAL.
223
Mr. Turner introduced a resolution against harsh orders
to the army, which was read the first time, and
Mr. Turner moved to refer to the Committee on Military
Affairs, and upon this question the yeas and nays were de¬
manded.
Those who voted in the affirmative are :
Messrs. Bledsoe, Barringer, Candler,Dickson, Dowd, Eure,
Gaither, Harris of Franklin, Lane, Pitchford, Simmons,
Street, Taylor of Brunswick, Thomas of Jackson, Waugh
and Whitaker,—16.
Those who voted in the negative are:
Messrs. Adams, Arendell, Blount, Outlaw, Sharpe, Spencer,
Stubbs, Turner, Walkup and Worth,—10.
Mr. Lane introduced a resolution in favor of Mary C.
Gallery, which was read the first time and passed.
Mr. Turner introduced the following resolution to-wit:
Resolved, By the Senate, the House concurring that the
Governor and Military Board, be and he is hereby requested
'and required in enlisting soldiers for the service to adminis¬
ter the oath as prescribed by the Convention without adding
•thereto.
Mr. Thomas, of! Jackson, moved to refer.
Mr. Taylor, of Brunswick, moved to lay the motion to refer
on the table, and the yeas and nays were demauded.
Those who voted in the affirmative are :
Messrs. Bledsoe, Barringer, Candler, Dickson, Gaither,
Harris of Franklin, Lane, Pitclifor.d, Simmons, Street, Stubbs,
Taylor of Granville, Taylor of Brunswick, Thomas of Jack¬
son, Waugh, Whitaker and Worth,'-^-17.
Those who voted in the negative are :
Messrs. Adams, Arendell, Blount, Dowd, Eure, Outlaw,
Ramsay, Spencer, Turner and Walkup,—10.
So the question was decided in the affirmative.
On motion "by Mr. Worth the principakand-assistant door^
keepers were allowed fifty dollars, extra pay for their services.
Mr. Ramsay introduced a memorial to relieve certain per-
224
SENATE JOURNAL. [2nd. Ex. Ses.
eons from military duty, which was read and referred to the
Committee on Military Affairs.
Mr. Gaither introduced a hill to prohibit the exportation
of shoes, leather, bacon, &c., which was read first time and
passed.
On motion by Mr. Graither, the rules were suspended and
said bill was read the second time and laid upon the table.
The yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Arendell, Brown, Barringer, Blount, Copeland,
Dobson, Dowd, Ramsay, Simmons, Sharpe, Spencer, Stubbs,
Taylor of Granville, Turner, Waugh, Walkup and Worth,—
17.
Those who voted in the negative are:
Messrs. Bledsoe, Candler, Dickson, Eure, Eaison, Gaither,
Harris of Franklin, Lane, Pitchford, Street, Taylor of Bruns¬
wick, Watson and Whitaker,—13.
The Speaker announced that the hour had arrived in which
the two Houses had agreed to go into an election of an
Adjutant General. Whereupon, Mr. Gaither nominated for
that office James G. Martin, and a message was ordered to
be sent to the House stating the facts and that Messrs. Bled¬
soe and Walkup had been appointed to superintend the elec¬
tion.
.,Mr. Barringer introduced a resolution providing for the
advertising of the Militia law, which was read under a sus¬
pension of the rules first, second and third times, passed,
and was ordered to be engrossed.
Received a message stating that the House would execute
the joint order forthwith. Whereupon, under the superin-
dence of Messrs. Bledsoe and Walkup, the Senate* voted as
follows:
For Mr. Martin : Messrs, Speaker, Adams, Arendell,
Brown, Bledsoe, Barringer, Blount, Candler, Copeland,Dick¬
son, Dobson, Dowd, Eure, Faison, Gaither, Harris of Fj^k-
lin, Outlaw, Pitchford, Ramsay, Simmons, Street, Shaipe,
1861.]
SENATE JOURNAL.
225
Spencer, Stubbs, Taylor of Granville, Taylor of Brunswick,
Thomas of Jackson, Watson, Waugh, "Whitaker, Walkup
and Worth,—32.
Received a message from the House, stating that the House
jof Commons has passed (S. 129,) a bill to increase the
State Troops of North Carolina, with amendments, in which
the concurrence of the Senate is asked.
J
Also, H. 277, a bill for the defence of North Carolina.
The question now recurred upon the passage of a resolu¬
tion by Mr. Walkup concerning the advertising of the Militia
law and was decided in the affirmative.
Received a message from the House of Commons, stating
that the House has passed a bill for the defence of North
Carolina, which, under a suspension of the rules, was read
three several times, and was ordered to be enrolled.
Mr. Turner introduced a bill to repeal a portion of the
22nd section of the bill entitled tc Militia," which was read
first time and pissed.
Mr. Turner now moved to suspend the rules and read the
bill the second and third times, and the question was decided
in the negative.
Mr. Walkup, from the committee to superintend the elec¬
tion of an Adjutant General, reported as follows, to wit:
The committee to superintend the election of Adjutant
General of the State ask leave to report that the whole num¬
ber of votes cast was 98. Necessary to a choice 49. That
J. G. Martin rectived tlje whole number of votes cast and
is therefore duly elected Adjutant General of the State.
Received a message from the House asking the concurrence
of the Senate in sundry appointments of Justices, which
was agreed to.
Also, transmitting ia resolution in favor of the Door¬
keepers, with an amendment, which was agreed to.
Also, stating that* the House had passed a bill to amend
- the Revised Code and other laws.
The biU to amend section 2nd, chapter 34th, of the Re-
15
226
SENATE JOURNAL [2nd EX. SE3.
vised Code, was now read the second time and indefinitely
postponed.
The bill to exempt certain persons from military duty,
was read the second time and referred.
The bill to change the line between Jackson and Macon
counties, was read the second and third times, passed, and
was ordered to be enrolled.
The resolution in regard to the inspection of Troops, was
read the second and third times, passed, and was ordered to
be enrolled.
The resolution concerning court of enquiry, was read the
second time and indefinitely postponed.
Received a message from the House, stating that the House
had passed a resolution legalizing the proclamation of the
Governor, and also transmitting a communication from hit
Excellency the Governor.
Mr. Turner moved that the resolution be laid upon the
table, and demanded the yeas and nays.
Those who voted in the affirmative are:
Messrs. Brown, Barringer, Blount, Copeland, Dowd, Out¬
law, Ramsay, Sharpe, Slaughter, Stubba, Turner, Waugh,
Walkup and Worth,—14.
Those who voted in the negative are :
Messrs. Adams, Bledsoe, Candler, Dickson, Dobson, Eure,
Faison, Gaitber, Harris of Franklin, Lane, Pitchford, Sim¬
mons, Street, Taylor of Brunswick, Thomas of Jacksdn and
Whitaker,—16.
So the Senate refused to lay upon the table.
The question again recu red upon the passage of the re¬
solution the second reading.
Mr. Gaither moved to amend by a substitute.
Mr. Ramsay moved an amendment, as follows, to wit;
Provided, That nothing herein contained shall be so con¬
strued as to give validity to the embargo laid upon bacon,
leather and shoes, by the Governor of this State, on the 13th
1861.]
SENATE JOURNAL.
227
day of September of this year, this General Assembly being
at that time in session and said embargo or prohibition being
consequently unconstitutional; and the yeas and nays were
demanded.
Those who voted in the affirmative are :
Messrs. Adams, Brown, Barringer, Blount, Outlaw, Ram¬
say, Sharpe, Spencer, Taylor of Granville, Taylor of Bruns¬
wick, Turner, Waugh, Walkup and Worth,—14.
Those who voted in the negative are :
Messrs. Arendell, Bledsoe, Candler, Copeland, Dickson,
Dobson, Eure, Faison, Gaither, Harris of Franklin, Lane,
Pitchford, Simmons, Street, Thomas of Jackson, Watson
and Whitaker,—17.
Mr. Simmons moved to take a recess until 3| o'clock, and
the question was decided in the negative.
Mr. Outlaw moved to indefinitely postpone the whole
subject, and then moved to lay the motion to postpone on the
table and demanded the veas and nays."
Those who voted in the affirmative are:
Messrs. Adams, Brown, Barringer, Blount, Dobson, Dowd,
Eure, Outlaw, Ramsay, Sharpe, Spencer, Stubbs, Turner,
Waugh, Wailkup and Worth,—-16.
Those who voted in the negative are :
Messrs. Arendell, Bledsoe, Candler, Copeland, Dickson,
Faison, Gaither, Harris of Franklin, Lane, Pitchford, Sim¬
mons, Street, Taylor of Brunswick, Thomas of Jackson,
Watson and Whitaker,—16.
Mr. Dobson moved to adjourn and the question was decided
in the negative.
Mr. Dobson moved to lay the matter upon the table.
The Speaker decided the motion to lay upon the table out
of order.
Mr. Outlaw appealed from the decision of the chair.
Mr. Gaither moved to take a reces3 until 3| o'clock.
Carried.
228
SENATE JOURNAL. [2nd. Ex. Ses.
Afternoon, 4 o'clock.
Received a message from the House, stating that the House
had passed the hill entitled " Revenue " with amendments,
and asked concurrence.
Rending amendment, in section 72, strike out " ten " and
insert " two." Upon this question the yeas and nays were
demanded.
Those who voted in the affirmative are :
Messrs. Arendell, Brown, Blount, Candler, Dobson, Dowd,
Faison, Gaither, Harris of Franklin, Lane, Ramsay, Sharpe,
Spencer, Turner, Waugh and Whitaker,—16.
Those who voted in the negative are :
Messrs. Adams, Bledsoe, Barringer, Eure, Outlaw, Street,
Taylor of Brunswick, Thomas of Jackson, Watson and
Walkup,—10.
Schedule B., 19th section, 10th line, after the word "that"
insert the words, " salt, sugar, coffee and molasses." Upon
this amendment the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Adams, Arendell, Brown, Bledsoe, Barringer,
Blount, Candler, Dohson, Dowd, Eure, Faison, Gaither,
Harris of Franklin, Lane, Ramsay, Sharpe, Spencer, Turner,
Watson, Waugh, Whitaker, Walkup and Worth,—23.
Those who voted in the negative are:
Messrs. Outlaw, Pitchford, Simmons and Street,—4.
So the amendment was concurred in.
The amendments all having heen concurred in, the House
was informed thereof hy message.
The unfinished business now intervened, and the question
recurring upon an appeal from a decision of the chair upon
a motion to lay upon the table, the yeas and nays were de¬
manded.
Those who voted in the affirmative are :
Messrs. Arendell, Bledsoe, Candler, Faison, Gaither, Har¬
ris of Franklin, Pitchford, Simmons, Street, Taylor of Bruns¬
wick, Watson and Whitaker,—12.
1861.]
SENATE JOURNAL.
m
Those who voted in the negative are:
Messrs. Adams, Brown, Barringer, Blount, Dobse®, Eure,
Outlaw, Ramsay, Sharpe, Spencer, Turner, Waugh, Walkup
and Worth,—14.
So the decision of the chair was not sustained; and the
question recurred upon the motion by Mr. Dobson to lay the
resolution in regard to the resolution concerning an embargo
on the table, and the yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Adams, Brown, Bledsoe, Barringer, Blount, Dob-
son, Dowd, Eure, Gaitber, Outlaw, Ramsay, Sharpe,Spencer,
Turner, Waugh, Walkup and Worth,—17.
Those who voted in the negative are:
Messrs. Candler, Faison, Harris of Franklin, Lane, Bitch-
ford, Simmons, Street, Watson and Whitaker,—9.
So the motion to lay upon the table prevailed.
Mr. Bledsoe now moved to reconsider the vote by which
the resolution was laid upon the table.
Mr. Outlaw moved to lay the motion to reconsider on the
table and demanded the yeas and nays.
Those who voted in the affirmative are :
Messrs. Adams, Arendell, Brown, Bledsoe, Barringer,
Blount, Candler, Copeland, Dobson, Dowd, Eure, Gaitber,
Lane, Outlaw, Spencer, Turner, Waugh and Walkup,—18.
Those who voted in the negative are :
Messrs. Faison, Harris of Franklin, Pitchford, Simmons,
Street, Taylor of Brunswick, Watson and Whitaker,—8.
So the motion was laid upon the table.
Mr. Bledsoe moved to take the bill from the table.
The Speaker decided that the motion was out of order.
Received a message from the House, stating that the
Speaker of the House had signed the following bills, to wit:
A resolution in favor of the Doorkeepers, which was trans¬
mitted for the signature of the Speaker of the Senate.
Also, that the House has passed (S. 84) a bill entitled
230
SENATE JOURNAL. [2nd. Ex. Sbs.
" Revenue," with amendments, in which the concurrence
of the Senate was asked.
The bill to repeal section 45-53, of chapter 107, of the Re¬
vised Code, was read the second time, and
Mr. Outlaw moved to indefinitely postpone, and the ques¬
tion was decided in the affirmative.
The question now recurred upon the passage of the bill
and a substitute was offered by the Committee on the Judicia¬
ry, and was decided in the affirmative.
TJnder a suspension of the rules the bill was read the third
time and the yeas and nays were demanded.
Those who voted in the affirmative are:
Messrs. Adams, Bledsoe, Barringer, Blount, Candler, Cope-
land, Dobson, Dowd, Eure, Faison, Gaither, Harris of
Franklin, Lane, Pitchford, Street, Taylor of Brunswick,
Waugh and Whitaker,—18.
Those who voted in the negative are :
Messrs. Arendell, Outlaw, Thomas of Jackson, Watson
and Walkup,—5.
There being no quorum voting the question was lost.
A call of the House was now demanded.
And it appeared that the following only were present:
Messrs. Adams, Arendell, Bledsoe, Barringer, Blount,
Candler, Copeland, Dobson, Dowd, Eure, Faison, Gaither,
Harris of Franklin, Lane, Outlaw, Pithchford, Street, Spen-
ceT, Taylor of Brunswick, Thomas of Jackson, Watson,
Waugh, Whitaker and Walkup,—24.
On motion by Mr. Outlaw, the Senate took a recess until
7$ o'clock.
Night session, 8 o'clock.
Mr. Barringer, in behalf of the Senators from Randolph,
Cabarrus, Stanly and Union, presented the following pro¬
test to the bill to change the jurisdiction and the rules of
pleading, to wit:
1861.]
SENATE JOURNAL.
231
By virtue of the right guaranteed under the Constitution
of the State of North Carolina, to members of the General
Assembly, the undersigned dissents from and protest against
the bill which has passed the Senate at this session, entitled
" A bill to change the jurisdiction of the courts and the rules
of pleading therein," commonly called the " Stay Law," for
the following reasons:
It has not been pretended by the friends of this bill that
the change in the jurisdiction of the courts and the rules of
pleading therein, is made to facilitate or improve the adminis¬
tration of justice, but the effect and intent of the bill is to
hinder and delay creditors in the collection of debts due to
them, and if this intent were apparent on the face of the
bill, the Supreme Court would declare the same unconstitu¬
tional.
I, therefore, regard the bill as an ingenious contrivance
to evade the provision of the Constitution denying to
the Legislature the power to pass laws impairing the obliga¬
tion of contracts.
Independent of the constitutional provision, I regard it as
highly detrimental to the public interest, for the Legislature
to interpose between contracting parties and alter their con¬
tract. I regard this prohibition as having sprung from the
experience of our ancestors, as to the ruinous effects of the
Stay Laws passed duriug the revolutionary war; and I believe
the same ruinous effects will result from this bill.
The plan of this bill to effect the proposed Stay Law, by
the abolition of certain terms of the courts and retarding the
administration of justice by allowing delays in pleading, as
being the worst plan which could be devised to accomplish
the object, providing unreasonable delay in the trial of all
civil euits and offering no protection or security to creditors
or others whose civil rights have been invaded.
I regard this bill as virtually asserting for the General
Assembly, the power to abolish the judiciary department of
232
SENATE JOURNAL. [2nd. Ex. Ses.
the government whenever the General Assembly shall deem
it expedient to do so, which, I think, tends to anarchy under
color of law.
JONATHAN WORTH.
Senator from Randolph and Alamance.
I concur in the foregoing.
VICTOR C. BARRINGER,
Senator from Cabarrus and Stanly.
I also concur in the foregoing.
SAML. H. WALTOJP,
Senator from Anson and Union.
Mr. Barringer, from the committeee on salt, reported as
follows, to wit:
The joint Committee to whom was referred the enquiry as
to the ways and means of securing a supply of salt, have
had the same under consideration and have given the subject
the deliberation which its importance demands.
The committee have considered every proposition and
availed themselves of every suggestion with a view of adopt¬
ing some line of policy calculated to secure the end pro¬
posed.
Owing to the advanced state of the season, the absence of
solar heat, the process of evaporation, slow at best, added
to the expense of erecting suitable works, the uncertainty of
the blockade and danger of hostile interference, have induced
the committee to abandon this means of manufacture and
supply, and to consider the other and only practicable plan,
which is that of boiling; and two propositions were con¬
sidered.
1st. The propriety of authorizing a subscription on the
part of the State, of such sums as would encourage the
erection of suitable works for boiling in connection with the
private enterprise of the country.
2nd. In the way of a bounty to the manufacturer.
1861.] SENATE JOURNAL.
As to the first proposition—the many an J preMingf calls5
upon the treasury for the prosecution of the present wair, the
uncertain continuance of the blockade ; the danger from the
enemy on our coast, forbid recommendation. 2nd. The pur¬
chase at a price likely to encourage its manufacture, the ex¬
pense of transportation, the loss by evaporation, the com¬
missions upon its sale and delivery along our rivers or line#
©f railroad, would so materially add to the cost as to furnish
little alleviation, is rendered by modern improvement a mat¬
ter of comparative ease.
The whole region of country west of the county of Wilkes,
receive their supplies beyond the limits of the State either
from the Abington salt works in the county of Washington,
Ya., or the seaports of an adjoining State, with the promise
of abundant supplies. What is wanting to make up the
deficits east of that section of the State, the committee have
been- induced to believe, can behnore economically obtained
by domestic manufacture, as in the war of 1812-'14, by means
ftnd^appliances within the reach of every one, at a price not
exceeding 50 to 60 cents per bushel, with such occasional
supplies as may be had by running the blockade.
The Committe have, from sources which they consider re¬
liable, been informed that there are now large quantities of
thie necessary article in the hands of speculators, which, if
offered at reasonable prices, would go far to meet immediate
wants and relieve apprehension.
The Committee are advised that large shallow cast iron
pans, for boiling, can be had at prices varying from 4 to 6
cents per pound ; thus placing its manufacture within the
reach of every one, if necessity should so require. If, in the
course of the season, the blockade should be raised, or the
immense salt works of the Kanawah should be in our hands,
tto reasonable apprehension can be indulged ; if otherwise,
we have to yield to the necessities of the times and make
provision for our wants as best we can.
The Committee, in view of things as they now appear, have
234
SENATE JOURNAL. [2nd. Ex. Sis.
adopted no plan which they can recommend, and ash to he
discharged from the further consideration of the subject,
ARENDELL,
For the Committee.
Received a message from the House, stating that the
Speaker of the House had signed the following act, to wit;
An act to prevent the collection of tax for Common School
purposes during the war ; whereupon the Speaker of the Sen¬
ate ratified the same in the presence of the Senate.
The question now recurred upon the final passage of the
bill to repeal 45—53 sections of chapter 107 of Revised Code
the third time as amended. Passed and was sent to the Houso
for concurrence.
And pending passage the yeas and nays were demanded.
Those who voted in the affirmative are:
Messrs. Adams, ArendeH, Bledsoe, Barringer, Copeland,
Candler, Dobson, Faison, Gaither, Harris of Franklin, Lane,
Pitchford, Simmons, Street, Taylor of Granville, Taylor of
Brunswick and Waugh,—17.
Those who voted in the negative are:
Messrs. Blount, Eure, Outlaw, Spencer, Thomas of Jack¬
son, Watson, Whitaker and Walkup,— 8.
The resolution declaring the right of North Carolina to
secede was read the second time, and laid upon the table.
The resolution to give a clerk to the State Comptroller
was read the second and third times, passed and was ordered
to be enrolled.
The bill to authorize the banks of the State to deal in the
stocks and bonds of the State, was read the second and third
times, passed and was ordered to be enrolled.
The bill to authorize a special company of cavalry, was
read the second and third times, passed and was ordered to be
enrolled.
Received a message from the House, stating that the House
had concurred in the substitute to the bill to amend the 107th
chapter of the Revised Code,
1861.]
SENATE JOURNAL.
235
Also, that the Speaker of the House had signed the bill to
appoint a Drill Master for the several counties of the State,
whereupon, the Speaker of the Senate signed and ratified the
same in the presence of the Senate.
The bill to repeal an act of the present session of the Leg¬
islature to provide arms for an independent North Carolina
Regiment, was read the second time and indefinitely post¬
poned.
The resolution concerning the printing of the laws was
read the second time and laid upon the table.
The bill to reduce the pay of certain officers, was read the
second time and indefinitely postponed.
The bill to amend the charter of the Western North Car¬
olina Bank, was put upon its second and third readings.
Mr. Lane offered the follow amendment as an additional
section:
Be it further enacted, That the provisions of this act shall
not be so construed as to relieve the stockholders from being
required to'pay the amount of their subscription in full specie,
and the bill so amended passed and was ordered to be en¬
grossed.
A resolution refusing per diem pay to members of the Assem¬
bly in case of an extra session, was indefinitely postponed.
The bill to authorize the Court of Pleas and Quarter ses¬
sions of the county of Columbus to appoint overseers to keep
open the run of certain swamps was read the second time,
amended and passed, and read the third time, passed and or¬
dered to be sent to the House of Commons for concurrence.
A resolution in favor of Marinda Curlee of Anson county,
was read the second and third times, passed and ordered to
be enrolled.
The following bills and resolutions were read the second
and third times, passed and ordered to be enrolled, to wit:
A bill to amend the act incorporating the town of Mor-
ganton ;
A resolution in favor of H. R. Holder, of Anson county;
A resolution in favor of W. J. Gauger.
236
SENATE JOURNAL. [2nd. Ex Ses.
A resolution to pay Moses A. Woody, was read tlie second
time, amended and passed and read the third time and inior-
mally passed over.
The resolution in favor of D. Love, was read the second
and third times, passed and ordered to l»e enrolled.
Mr. Outlaw moved, that the Senate adjourn until 5 o'clock,
Monday morning, and the question was decided in the neg¬
ative.
The yeas and nays were demanded.
Those who voted in the affirmative are :
Messrs. Bledsoe, Dohson, Outlaw, Taylor of Brunswick,
Walker, Whitaker and Walkup,—7.
Those who voted in the negative are :
Messrs. Adams, Arendell, Barringer, Blount, Faison,
Gaither, Lane, Pitchford, Spencer, Thomas of Jackson and
Waugh,—11.
So the Senate refused to adjourn.
The resolution in favor of William Thompson, was read
the second and third times, passed and was ordered to be en¬
rolled.
The bill to incorporate the Flynt Hill Mining Company,
was read and laid on the table.
The resolution authorizing Thomas Cracy and others, to
enslave themselves, was read the second time and laid upon
the table.
On motion, by Mr. Outlaw, the Senate adjourned until 4
o'clock, Monday next.
MONDAY, September 23rd, 1861.
The Senate met pursuant to adjournment.
Received the following message from the House, to wit:
The Speaker of the House of Commons has signed the fol¬
lowing acts :
An act to amend the Revised Code, chapter 76, entitled
" Oaths
1861.]
SENATE JOURNAL.
237
A resolution to give a clerk to the State Comptroller ;
An act to authorize the Banks of the State to deal in the
stocks and bonds of the State ;
An act concerning runaway slaves ;
An act to prevent the collection of debts due alien ene¬
mies;
An act to change the line between Jackson and Macon
counties ;
An act for the defence of North Carolina ;
An act to amend the 56th section of the 107th chapter of
the Revised Code ;
A resolution in regard to the inspection of troops ;
A resolution concerning public printing and binding,
Which are transmitted to the Senate for the signature of
the* Speaker of that body.
On motion, the reading of the Journal was dispensed
with.
On motion of Mr. Barringer,
Resolved, That the thanks of the Senate are due and are
hereby tendered to the Hon. Henry T. Clark, for the able
faithful and impartial manner in which he has presided oyer
the deliberations of this body, and discharged the duties of
the chair, during the present session,
Mr. Humphrey in explanation of his vote on the question
of the defence of the State, said that because of the necessity
of providing means for the public defence, he voted for the
bill, but under protest,
1st. Because some articles were taxed much too high.
2nd. There were some new subjects of taxation which he
did not think ought to be taxed ; and under ordinary circum¬
stances would have voted against it.
Received a message from the House stating that the House
had concurred in the amendment to the bill to prevent the
felling of timber in certain creeks in Catawba county.
Also,
238
SENATE JOURNAL. [2nd. Ex. Sks.
That the Speaker of the House has signed the following
acts, to wit:
An act entitled " Revenue
A resolution in favor of H. H. Holden ;
A resolution in favor of Mrlinda Curlee ;
A resolution in favor of W. J. Lou gee;
A resolution in favor of Dillard Love ;
A resolution in favor of William Thompson ;
An act granting power to Justices of Duplin to sell town
Commons in the town of Sarecta ;
An act to amend an act incorporating the town of Morgan-
ton in Burke county, passed at the regular session of the
General Assembly;
A resolution in favor of Achilles Knight;
An act to authorize a special company of Cavalry ;
Which are transmitted to the Senate for the signature
of the Speaker of that body. And the bills were signed in
the presence of the Senate.
On motion, by Mr. Candler,
Resolved, That the thanks of the Senate are due and are
hereby tendered to the principal and assistant clerk for the
prompt and efficient manner in which they have discharged
their duties at the present session of the Senate.
Received a message from the House, transmitting the fol¬
lowing resolutions in regard to the death of his Excellency,
the Honorable John W. Ellis, to wit;
Whereas, It has pleased God to take our late most excel¬
lent Governor, John W. Ellis, to his long home, whilst yet
in the prime of lile and in the midst of his usefulness, and
when war and a thick cloud of political darkness saddened the
hearts of our people,
Resolved, By the General Assembly of the State of North
Carolina, That whilst we bow with humble and. christian
reverence to the will of the omniscient and omnipotent Ruler
of heaven and of earth, we take this opportunity of expressing
our sense of this sad bereavement and the poignancy of out
regret.
1861.]
SENATE JOURNAL.
239
Resolved, That North Carolina has cause to mourn with
great sorrow the death of her gallant and honored son. In
times more fortunate, his loss could hardly he supplied. But,
now, when our energies are put forth for the defence of our
land, liberties and altars, the death of a Governor and Com¬
mander-in-chief so wise, so brave, and so prompt in patriotic
action, is an irreparable loss.
Resolved, That we remember with joy and pride the valu¬
able services rendered by Governor Ellis to education and in¬
ternal improvements. His fostering care of those great in¬
terests of the State should embalm his name in the hearts
and affections of the people of this and future generations.
Resolved, That delicacy forbids an approach to the private
sanctuary for the hopeless purpose of consoling the bereaved
widow and family of the illustrious dead ; but we would as¬
sure them, that, in this hour of their sadness, they have our
heartfelt sympathies and shall ever have our kindest regards
and best wishes for their prosperity and happiness.
Resolved, That these resolutions be spread upon the Jour¬
nals, and that a copy of the same be sent to the widow and
mother of the deceased.
The following gentlemen were appointed under a resolution
of the General Assembly, Assistant Engrossing Clerks, as
follows :
D. W. Bain, who served five days ; Messrs. 0. H. Perry,
L. S. Perry, Theo. H. Hill, who served three d.ays each;
Messrs. P. F. Pescud, John H. Ryan, Jr., B. W. Starke, E.
B. Thomas, D. B. Allen, who served one day each, and W.
T. Oats, who served twenty days.
Received a message from theJHouse, stating that the Speaker
of the House had signed the bill to prevent the felling of tim¬
ber in certain creeks in Catawba county.
The hour having arrived in which the two houses had
agreed to adjourn sine die, on motion, by Mr. Taylor of
Brunswick, a message was ordered to be sent to the House,
proposing to execute the joint order to adjourn at six o'clock,
A. M.
240
SENATE JOURNAL.
[1861.
Received a message from the House, concurring in the
proposition of the Senate to execute the joint order ; where¬
upon, in an appropriate and chaste address, the Speaker re¬
turned his thanks for the compliment paid him in a resolu¬
tion just passed by the Senate, and the Senate was declared
adjourned sine die, 6 o'clock, A. M.
HENRY T. CLARK,
Speaker of the Senate.
By Order,
J. W. AliSPAUGH,
Clerk of Senate.
INDEX
TO
SENATE JOURNAL.
ELECTIONS, Ac.
PAGB.
lEle'ctioh of Assistant Clerk 4
" ef Confederate States Senator 151
" of Confederate States Senator 163
Votes on adjournment 49, 83, 84, 121, 184, 196, 238
" on adjournment sine die 33, 95, 115, 138
" on Election of Senators, 43, 52, 65, 87, 89, 117, 123, 130, 137, 139, 148, 149, 162
Aggregate rotes for Senators 46, 64, 56, 67, 88, 98, 118, 126, 132, 139, 142,
150,151, 153
YEAS AND NAYS.
Vote for Assistant Clerk.. 4
on laying on the table Mr. Turner's resolution for a select committee on the
vacancy in the office of Governor 8
" on laying on the table a series of resolutions by Mr. Turner, on the same, 14
" on referring the same 14
" on laying on the table a resolution declaring the office of Governor vacant, 16
" on laying on the table a resolution to encourage the raising of wool, 16
" on An amendment, by Mr. Turner, to the resolution authorizing the tender
of forces to the Confederate Government.. . 21
" on Mr. Thomas' amendment to the same 22
" on Mr. Paison's amendment to same 22
" on laying on the table Mr. Turner's resolution declaring vacant the seats of
' certain members 25
" on laying on the table Mr. Turner's resolution concerning the capture of the
Senator from Davidson 28
" on laying on \.he table the bill to authorize the rank and file of the State
Troops to elect their field officers..... 30
" on the second reading of the bill to enlarge the powers of the county courts 31
" on laying on the table a resolution to raise military companies from both
Houses 34
" on a resolution calling for reports of the battle of Manassas 36
" on laying on the table resolutions instructing the Finance Committee 39
" on laying on the table a message relative to the office of Governor 40
" on increasing Col. Spruill's legion to ten companies, second reading 44
" on Mr. Turner's amendment to the resolution of Mr. Barringer, providing
fer the filling of vacancies in the 1st N. C. Cavalry 45
ii
ItfDEX TO SENATE JOURNAL.
Pa
Tote on Mr. Bledsoe's amendment to same
•' on Mr. Ramsay's amendment to the bill to change the jurisdiction of the
courts
*' on Mr. Brown's amendment to same
" on the passage of the bill, third reading
" on laying on the table a message proposing to go into an election of Senators
" on the same
'f on Mr. Turner's amendment to Mr. Gaither's resolution in reference to the
5th N. C. State troops
" on the second reading of the resolution
" on a motion to lay on the table the resolution relative to th.> notes of the
Miners and Planters' Bank
" on amotion to postpone the bill to divide the State into ten Congressional
districts
" on a proposition for a message on the question of adjournment
on laying on the table a resolution providing for ten minute speeches
" on the adoption of the same
" on taking up the bill to take the sense of the people on the re-assembling of
the Convention
" on amendments to the bill to pay the Cadets 51, 82,
" on the second reading of the bill to punish trading with the enemy
" on the final passage of the bill to charter the Coalfield Railroad
" on amendments to the bill to provide for the coast defences 91, 93,
" on laying on the table a message to g» into the election of Senators
" on a motion to refer the bill for the coast defences of the State
" on the final passage of the bill
" on suspending the rules to take up the bill in favor of the Hatteras
prisoners
" ongoing into an election of Senators
" on an amendment to the resolution in favor of A. B. Long
" on suspending the special order
" on a motion to ch ange the rules 105,
" on amendments to the Revenue bill, 107, 109, 110, 131, 154, 159, 100, 165,
166, 167, 170, 171, 173, 174, 182, 183, 185, 186, 187, 188, 189, 190, 191,
192, 194,
" on laying on the table a proposition relative to the Military Board
" on referring a resolution in favor of the 8th and 10th regiments
%t on an amendment to the same
" on the passage of the resolution
on an amendment to the bill to provide ways and means for the defence of
the State
" on the passage of the bill
u on concurring in the House amendments to the resolution to pay certain
troops
" on postponing the Revenue bill
'' on motions to lay on the table the question of the election of Senators, 136,
" on an amendment to the resolution for a camp of instruction 140
" on the passage of the resolution, second reading
" en laying the resolution on the table
Ol-
4;
4^-
49
5<
51
55
56
56
6i
60
79
71
71
81
85
85
88
94
93
93
94
98
99
101
104
106
195
115
119
129
129
124
124
129
133
136
141
140
141
INDEX TO SENATE JOURNAL. iii
Page.
Vote on laying on the table a resolution in reference to the election of Senators.. 144
" on a motion to go into an election of Senators 146
" on laying on the table Mr. Gaither's substitute for the Revenue bill 145
" on a motion to print the report of the committee on the Western turnpike... 147
" on a motion to indefinitely postpone the Revenue bill ....154, 167, 179
" on taking up a resolution to pay certain claims 156
" on laying on the table a proposition to go into an election of Governor 158
•' on the reference of a proposition to establish a camp of instruction 161
•' on the adoption of an amendment to the bill (reconsidered) for the defence
of the State 162
•' on the third reading of the resolution concerning the Quarter and Paymas¬
ter's departments 162
u on laying on the table a resolution providing for assistant surgeons 164
" on the passage of the bill to organize an additional regiment of State troops 175
•' on an amendment to same 175
" on suspending the rules to take up^Vhe Militia bill 178
'• on laying on the table a proposition to commit the Revenue bill 179
•' on the passage of the proposition 1 180
" on the third reading of the Revenue bill 195
•' on laying on the table a resolution declaring the seats of certain members
vacant 197
" on laying on the table the bill to take the sense of the people on there-assem¬
bling of the Convention 198
• ' on an ainendment to the resolution 199
•' on laying the resolution on the table 199, 200
" on laying on the table the resolution for the purchase of horses for a cavalry
company 200
'' on laying on the table a motion to refer a memorial from Captain Reeves'
company of volunteers 202
•' on a motion to postpone the consideration of the Militia bill 203
" on suspending the rules to put upon its passage the bill to authorize the or¬
ganization of the 11th regiment State troops 203
•' on amendments to the Militia bill 204,206, 207
•' on receding from the Senate amendments to the bill providing for the issue
of Treasury notes 208
" on laying on the table the bill to prevent the collection of school taxes 210
" on laying on the table the bill providing for assistant surgeons 213
*' on postponing indefinitely the amendment to the same 214
on laying on the table the bill concerning the Cape Fear and Deep River
improvement 217
• • on an ainendment to the bill 218
" on laying the matter on the table 218
'' on a motion to reconsider the bill for the relief of the people 219
" on the second reading of the bill 219
" on laying the bill on the table 219
" on laying on the table Mr. Turner's resolution against the Governor's
embargo on baGon 221
" on laying on the table the bill to amend the 1st section, 80th chapter, Re¬
vised Code 221
" on laying on the table a resolution to print the militia law 223
INDEX TO SENATE JOURNAL.
i Page.
Vote on laying on table the motion to refer the matter of the oath of volunteers, 223
" on laying on the table the bill to prohibit the exportation of leather, Ac 224
" on the election of Adjutant General 224
" on laying on the table an engrossed resolution legalizing the proclamation
of the Governor 226
" on an amendment to the resolution 227
" on laying on the table a resolution to postpone the whole subject 237
" on an amendment to the engrossed Revenue bill 228
" on an appeal from the decision of the chair 228
" on laying on the table the resolution relative to the embargo 229
" on reconsidering this vote 229
" on the third reading of the bill to repeal 46 and 53 sections 107th chapter
Revised Code 230
" on the final passage of the bill 234