THE LIBRARY OF THE 
 
 UNIVERSITY OF 
 
 NORTH CAROLINA 
 
 THE COLLECTION OF 
 NORTH CAROLINIANA 
 
 C3U2.2 
 
 183^3 
 
 c.3 
 
UNIVERSITY OF N.C. AT CHAPEL HILL 
 
 00034037514 
 
 FOR USE ONLY IN 
 THE NORTH CAROLINA COLLECTION 
 
 No. A -368 
 
Digitized by the Internet Archive 
 
 in 2012 with funding from 
 
 University of North Carolina at Chapel Hill 
 
 http://archive.org/details/journalofconvent1835nort 
 
OF 
 
 THE CONVENTION, 
 
 CALLED 
 
 By the Freemen of North-Carolina* 
 
 TO AMEND 
 
 THE CONSTITUTION OF THIS MTATB, 
 
 WHICH ASSEMBLED 
 
 lit the City of Raleigh, on the 4th of June, 1 985 , 
 
 iXD COJfTIKTUED IW «E9SIG2T 
 
 Until the 11th day of July thereafter, 
 
 —#-©©*-'•— 
 
 V^tiAiA idhmri, N. C 
 
 Hawaii : 
 
 PRINTED BY 3. GALE* <fc S01C, 
 
 »»T3fTBB» TO THE COJfTE^TIOIf. 
 
 1§3*. 
 
 X) 
 

 JOURNAL. OF THE CONVENTION. 
 
 At a Convention begun and held in the City of Raleigh, on 
 Thursday, the fourth day of June, in the year of our Lord one thou- 
 sand eight hundred and thirty -five, and in the fifty-ninth year of the 
 Independence of the United States of America, the following P v " 
 gates elect appeared and produced their credentials: 
 
 Anson — William A. Morris, Joseph White. 
 
 4she — Alexander B. McMillan, George Bower. 
 
 Beaufort — Joshua Tayloe, Richard H. Bonner. 
 
 Bertie — DavM Outlaw, Joseph B. G. Roulhac. 
 
 Bladen — John Owen, Samuel B. Andres. 
 
 Brunswick — Frederick J. Hill, William R. Hall. 
 
 Buncombe — David L. Swain, James Gudger. 
 
 Burke — Burges S. Gaither. 
 
 Cabarrus — Daniel M. Barringcr, Christopher Melchor 
 
 Carteret — Wallace H. Styron. 
 
 Caswell — William A. Lea, Calvin Graves. 
 
 Chatham — Joseph Ramsay, Hugh McQueen, 
 
 Columbus— Alexander Troy, Absalom Powell. 
 
 Craven — William Gaston, Richard D. Spaight. 
 
 Cumberland — John D. Toomer, Archibald McDiarmid*. 
 
 Currituck — Gideon C. Marchant, Isaac Baxter. 
 
 Davidson — John A. Hogan, John L. Hargrave. 
 
 Duplin — Jeremiah Pearsall, John E. Hussey. 
 
 Edgecomb — Louis D. Wilson, Phesanton S. Sugg. 
 
 Franklin — Henry J. G. Ruffin, William P. William.?. 
 
 Granville — Robert B. Gilliam, Josiah Crudup. 
 
 Greene — Jesse Speight, Thomas Hooker. 
 
 Gwilford — John M. Morehead, Jonathan Parker. 
 
 Halifax — John Branch. 
 
 Haywood — William Welch, Joseph Cathey. 
 
 Hertford — Isaac Pipkin, Kenneth Rayner. 
 
 Hyde — Wilson B. Hodges, Alexander F. Gaston. 
 
 Iredell — Samuel King, John M. Young. 
 
 Johnston — Jesse Adams, Hillory Wilder. 
 
 Jones — William Huggins, James W. Howard. 
 
 Lincoln — Bartlett Shipp, Henry Cansler. 
 
 Macon— Benjamin S. Brittain, James W. Guinn. 
 
 Martin — Jesse Cooper, Asa Biggs. 
 
 Montgomery — John B. Martin, James L. Gaines. 
 
 Moore— John B. Kelly, Charles Chalmers. 
 
4 JOURNAL OF THE CONVENTION. 
 
 Nash — John Arrington, William W. Boddie. 
 
 New-Hanover — Lewis H. Marsteller. 
 
 Northampton — Roderick B. Gary. 
 
 Orange — James S. Smith, William Montgomery. 
 
 Pasquotank — Richard H. Ramsay. 
 
 Perquimons — Jonathan H. Jacocks. 
 
 Person — Moses Chambers, John W. Williams. 
 
 Pitt — Robert Williams, sen. John Joiner. 
 
 Randolph — Alexander Gray, Benjamin Elliott. 
 
 Richmond — Alfred Dockery, Henry W. Harrington. 
 
 Robeson — John W. Powell, Richard C. Bunting. 
 
 Rockingham — Edward T. Brodnax, John L. Lesueur. 
 
 Rowan — Charles Fisher, John Giles. 
 
 Rutherford — Joseph McD . Carson, Theodorick F. Birchett. 
 
 Sampson — William B. Meares, Thomas I. Faison. 
 
 Stokes — Matthew R. Moore, Emanuel Shober. 
 
 Surry — Meshack Franklin, William P. Dobson. 
 
 Tyrrell — Hezekiah G. Spruill, Joseph Halsey. 
 
 Wake — Henry Seawell, Kimbrough Jones. 
 
 Warren — Nathaniel Macon, Weldon N. Edwards. 
 
 Washingtoyi — Joseph C. Norcom. 
 
 Waijne — Gabriel Sherard, Lemuel H.Whitfield. 
 
 Wilkes — Edmund Jones, James Wellborn. 
 
 A question arising upon taking the Oath set forth in the Act of the 
 General Assembly, passed in 1834, entitled "An Act concerning a 
 Convention to amend the Constitution of the State of North-Caro- 
 lina," 
 
 Mr. Wilson moved that a Chairman pro tempore be appointed. 
 
 The proposition was concurred in, and on motion of Mr. Edwards, 
 Mr. Swain was unanimously appointed. 
 
 Mr. Seawell, after some time spent in the discussion of the ques- 
 tion, moved that the meeting adjourn until to-morrow morning, 10 
 oVlock; which was decided in the negative. 
 
 Mr. Smith moved that the meeting now proceed to the organiza* 
 tion of the Convention, by taking the Oath prescribed by law; 
 which was decided in the affirmative. Yeas 86— Nays 22. 
 
 Those who voted in the affirmative were 
 
 Messrs. Morris, White, McMillan, Bower, Tayloe, Bonner, Outlaw 
 Roulhac, Owen, Andres, Swain, Gudger, Barringer, Melchor, Lea, Graves 
 Ramsay, (Chatham,) McQueen, Troy, Powell, (Columbus,) Gaston, (Cra- 
 ven,) Spaight, (Craven,) Toomer, McDiarmid, Marchant, Baxter, Hogan, 
 Hargrave, Pearsall, Hussey, Ruffin, Williams, (Franklin,) Gilliam, Cru- 
 dup, Morehead, Parker, Branch, Welch, Cathey, King, Young, Adams, 
 Wilder, Huggins, Howard, Shipp, Cansler, Brittain,Guinn, Martin, Gaines, 
 Kelly, Chalmers, Boddie, Gary, Smith, Montgomery, Ramsay, (Pasquo- 
 tank,) Chambers, Williams, (Person,) Gray, Elliott, Dockery, Harrington, 
 Brodnax, Lesueur, Fisher, Giles, Carson, Birchett, Meares, Faison, Moore, 
 Shober, Franklin, Dobson,- Seawell, Jones, (Wake,) Macon, Edwards, 
 
JOURNAL OF THE CONVENTION. 5 
 
 Norcom, Sherard, Whitfield, Jones, (Wilkes,) Wellborn and Gaither — 
 86 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Hill, Hall, Rayner, Biggs, Williams, (Pitt,) Spruill, Styroti, 
 Wilson, Hodges, Arlington, Joiner, Halsey, Sugg, Speight, (Greene,) Gas- 
 ton, (Hyde,) Marsteller, Powell, (Robeson,) Hooker, Pipkin, Cooper, Ja- 
 cocks and Bunting — 22 Nays. 
 
 The members present then took and subscribed the Oath before 
 J. Busbee, Esq. a Justice of the Peace of the county of Wake. 
 A quorum being present, on motion of Mr. Branch, 
 
 Nathaniel Macon", a Delegate from the county of Warren, was 
 unanimously chosen President of the Convention. 
 
 Mr. Macon was conducted to the Chair by Messrs. Branch and 
 Owen, from which he made his acknowledgements to the Conven- 
 tion in an appropriate address. 
 
 On motion of Mr. Morehead, 
 
 Resolved, That Messrs. Swain, Seawell and Jones, (Wake,) be appoint- 
 ed a Committee to ascertain and report whether a more convenient place 
 can be procured in or near the City oi" Raleigh, for the sittings of this Con- 
 vention, than the room provided in the Government House. 
 
 Mr. Owen moved that the Convention proceed to the appointment 
 of two Secretaries and a Clerk — and pending this question, 
 
 On motion, the Convention adjourned until to-morrow morning, 
 10 o'clock. 
 
 FRIDAY, JUNE 5, 1835. 
 
 The Convention met pursuant to adjournment. 
 The following Delegates appeared, produced their credentials, 
 were qualified, and took their seats: 
 
 Carteret — James W. Bryan. 
 
 Camden — Willie McPherson, George Ferebee. 
 
 Onslow — David W. Saunders, John A. Averitt. 
 
 Pasquotank — John L. Bailey. 
 
 Perquimons — Jesse Wilson. 
 
 On motion, the Convention resumed the subject of appointing Se- 
 cretaries and a Clerk, as the unfinished business of yesterday. 
 
 On motion of Mr. Fisher, the original motion was amended so as 
 to read, ''that the Convention proceed to appoint a Secretary and 
 an Assistant Secretary." 
 
 The motion, as amended, was agreed to. 
 
 Mr. Owen moved that William J. Cowan be appointed Secretary; 
 and Mr. Fisher moved that Edmund B. Freeman be added to the 
 nomination. 
 
6 JOURNAL OF THE CONVENTION. 
 
 The Convention thereupon proceeded to ballot, under the superin- 
 tendence of Messrs. Owen and Fisher, who, upon collecting and count- 
 ing the ballot, reported that Edmund B. Freeman had received a 
 majority of the whole number of votes, and was duly elected. 
 
 Mr. Marsteller nominated Joseph D. Ward for Assistant Secre- 
 tary, and Mr. Wellborn moved that Thomas L. West be added to 
 the nomination. A balloting was then had, under the superinten- 
 dence of the same Tellers, who, upon counting the votes, reported 
 that Joseph D. Ward was duly elected. 
 
 On motion of Mr. Wellborn, the Convention proceeded to the ap- 
 pointment of a Door-keeper and an Assistant Door-keeper; where- 
 upon Green Hill and John Cooper were appointed. 
 On motion of Mr. Spaight, of Craven, 
 
 Resolved, That a Committee consisting of seven members be appointed 
 by the President to draw up Rules for the government of the Convention. 
 
 Whereupon, the President appointed Messrs. Spaight, of Craven, 
 Fisher, Branch, Speight, of Greene, Wellborn, Smith and Troy, to 
 compose said Committee. 
 
 Mr. Giles presented the following Resolution: 
 
 Resolved, That the Convention proceed to the election of a Printer. 
 
 Mr. McDiarmid moved to amend the Resolution by striking out 
 all after the word "Resolved," and inserting in lieu thereof the fol- 
 lowing: 
 
 "That the Public Printer of the State be employed to execute the print- 
 ing necessary for the Convention at the same rates which the printing of 
 the State is executed." 
 
 Mr. Smith moved to amend the amendment, by striking out all af- 
 ter the word "that" and inserting in lieu thereof the following: — 
 "A Committee of three Delegates be appointed to contract w*th some 
 suitable person for the printing required by this Convention." 
 And the question being had thereon, it was rejected. 
 
 The question was then taken on agreeing to the amendment pro- 
 posed by Mr. McDiarmid, and determined in the negative. 
 
 Mr. Ramsay, of Chatham, moved to strike out all after the word 
 "Resolved," in the original Resolution, and insert as follows: 
 
 "That this Convention proceed to elect a Printer to execute the print- 
 ing of this Convention, during its session, and that he be allowed agreeably 
 to the rule of charging which generally governs Printers." 
 
 This amendment was rejected ; and thereupon the question re- 
 curred upon the adoption of Mr. Giles' Resolution, which was de- 
 termined in the affirmative. 
 
 Mr. Wellborn nominated Gales & Son for Printers ; and there- 
 upon, a balloting was had, under the superintendence of Messrs. 
 Spaight, of Craven, and Chambers, who reported that Gales & Son 
 had received a majority of all the votes given in, and were duly 
 elected. The report was concurred in. 
 On motion of Mr. Shober, 
 
JOURNAL Ofr THE CONVENTION. 7 
 
 Resolved, That the Printers to the Convention furnish copies of the Acts 
 ©f the General Assembly of 1834, relating to the call of a Convention: one 
 copy for each Delegate. 
 
 On motion of Mr. King, 
 
 Resolved unanimously, That each day of the session of this Convention 
 be opened by prayer to Almighty God for his blessing; and that all regular 
 Preachers of the Gospel, of any denomination, who may be present during 
 the session, be requested to take a seat within the bar of this House during 
 prayer ; one of whom shall be requested by the President to perform that 
 service. 
 
 Mr. Morehead submitted the following Resolutions: 
 
 Resolved, That so much of the Act of the last Legislature, entitled "An 
 Act concerning a Convention to amend the Constitution of the State," which 
 has been ratified by the people of the State of North-Carolina, as provides 
 for fixing the number of Senators, and for apportioning and arranging the 
 Senatorial Districts, be referred to a Committee. 
 
 Resolved, That so much of the before recited Act, as provides for fixing 
 the number of members in the House of Commons, and the ratio of Repre- 
 sentation, be referred to a Committee. 
 
 Resolved, That so much of the before recited Act, as authorises the Con- 
 vention to consider the propriety of biennial, instead of annual meetings of 
 the General Assembly, be referred to a Committee. 
 
 Resolved, That so much of the before recited Act, as authorises the Con- 
 vention to provide for the election of the Governor of the State, by the quali- 
 fied voters for the members of the House of Commons, be referred to a Com- 
 mittee. 
 
 Mr. Harrington submitted the following Resolution: 
 
 Resolved, That a Committee of Delegates be appointed to frame, 
 
 devise and report to this Convention, amendments to the Constitution,con- 
 formably to the provisions of the 13th section of the Act of Assembly, pass- 
 ed in 1835, which has been ratified by the people, so far as respects the Re- 
 presentation in the Senate and House of Commons ; and the qualifications 
 of the members and of the electors of members of each branch of the Legis- 
 lature. 
 
 Mr. Jacocks submitted the following: 
 
 Resolved, That a Committee be appointed, composed of members 
 
 from each of the Judicial Districts of the State, to be nominated 
 after consultation, by a majority of the Delegates from their respec- 
 tive Districts; whose duty it shall be to report to this Convention, at as 
 early a day as may be possible, the votes taken in each county in the State 
 ai the opening of the polls, on the 1st and 2d of April last, upon the Con- 
 vention question. 
 
 The number of white persons in each county, agreeably to the last enu- 
 meration by the United States. 
 
 The number of slaves and persons of color also. 
 
 The "Federal population" of each county, according to said enume- 
 ration. 
 
 The number of white polls, black poll*, and free persons of colour, also. 
 
3 JOURNAL OF THE CONVENTION. 
 
 in each county, agreeably to the last returns to the Comptroller's office. 
 
 And the amount of taxes from every source, separately designated, paid 
 into the Treasury of the State, agreeably to the last returns. 
 
 That the said Committee may sit during the business hours of this Con- 
 vention, and may send for persons and papers. 
 
 Mr. Edwards submitted the following: 
 
 Resolved, That a Committee of members be appointed to consider 
 
 and report the manner in which it will be expedient to take up the business 
 of this Convention. 
 
 These Resolutions- were severally read and ordered to lie on the 
 table; and on motion of Mr. Speight, of Greene, ordered to be 
 printed. 
 
 On motion of Mr. Wellborn, ' 
 
 Resolved, That the President be requested to assign seats to such Re" 
 porters as may wish to take down the proceedings of this Convention. 
 
 Mr. Giles introduced the following Resolution, which was read 
 and ordered to lie on the table: 
 
 Resolved, That a Committee of three be appointed to prepare and cause 
 to be printed for the use of the Convention, the Census of this State for 
 1820 and 1830, with a Tabular Statement of the Public Taxes, white and 
 black polls, also, the federal numbers of the counties of this State, to be 
 compiled from the Revenue Lists of 1831, 1832 and 1833. 
 
 Mr. Swain, from the Committee appointed to ascertain whether 
 a more convenient place could be procured for the sittings of this 
 Convention, reported that the proper Officers of the Methodist and 
 Presbyterian Churches had each tendered the use of their buildings. 
 
 And thereupon, Mr. Swain moved that when the Convention ad- 
 journs, it adjourn to meet to-morrow at 12 o'clock, in the Presbyte- 
 rian Church ; which was agreed to. 
 
 On motion, the Convention adjourned. 
 
 SATURDAY, JUNE 6, 1835. 
 The Convention met pursuant to adjournment. 
 The following Delegates appeared, produced their credentials 
 Were qualified, and took their seats: 
 
 Halifax — Joseph J. Daniel. 
 
 Northampton — Samuel Calvert. 
 
 Gates — Riddick Gatling, Whitmel Stallings. 
 
 Lenoir — James Cox. 
 
 Mecklenburg — James M. Hutcheson, Isaac Grier. 
 
 Fancy — Abner Jervis, Bacchus J. Smith. 
 
 Mr. McQueen submitted the following Resolution, which lie* on 
 the table: 
 
JOURNAL OF THE CONVENTION. 9 
 
 Resolved, That a Committee of two Delegates, to be chosen from each 
 Congressional District in the State, be appointed by the Chair, to consider 
 so much of the thirteenth clause of the act passed at the last session of the 
 General Assembly, amendatory of the Constitution, as relates to the sub- 
 ject of Representation, and that they report to the Convention. 
 
 Mr. Shober submitted the following Resolution, which lies on the 
 table: 
 
 Resolved, That as far as regards representation in the Senate, it be re- 
 ferred to a Committee to consisc of two members from each Congressional 
 District in the State. That as far as regards representation in the House 
 of Commons, it be referred to a Committee to consist of two members from 
 each Congressional District in the State. That the other points laid down 
 in the Convention Act, as adopted by the people, be taken up in Committee 
 of the Whole, and be there considered article by article. 
 
 Mi*. King introduced the following Resolution, which lies on the 
 table: 
 
 Resolved, That as many copies of Journals of the proceedings of the Con- 
 vention that ratified the Constitution of the United States, or those copies 
 of Journals of the Convention of the State of .North-Carolina that ratified 
 our present Constitution, or the Convention Journals of any State in our 
 Union, that may be within the knowledge of any member, be tendered for 
 the information of this Convention, and to be disposed of hereafter as may 
 be directed. 
 
 On motion of Mr. Edwards, the Convention took up for conside* 
 ration the following Resolution: 
 
 Resolved, That a Committee of members be appointed to consider 
 
 and report the manner in which it will be expedient to take up the business 
 of this Convention. 
 
 On motion of Mr. Swain, the blank was filled with u thirteen ;'* 
 and the Resolution was adopted. 
 
 Whereupon, the President appointed as the Committee, Messrs. 
 Bailey, Branch, Williams, of Pitt, Gaston, of Craven, Meares, Ed- 
 wards, Toomer, Smith, of Orange, Morehead, Fisher, Barringer, 
 Swain and Franklin. 
 
 On motion of Mr. Morehead, the Convention took up for consid- 
 eration, the Resolutions introduced by him on yesterday. 
 
 On motion of Mr. Daniel, 
 
 Ordered, that the Resolutions lie upon the table. 
 
 On motion of Mr. Giles, the Convention took up for consideration 
 and adopted the following Resolution: 
 
 Resolved, That a Committee of three be appointed to prepare and cause 
 to be printed for the use of the Convention, the Census of this State for 
 1820 and 1830, with a Tabular Statement of the Public Taxes, white and 
 black polls, also, the federal numbers of the counties of this State, to be 
 compiled from the Revenue Lists of 1831, 1832 and 1833; and that the 
 Printer furnish each member of this House with a copy of the Constitution 
 of this State. 
 
10 JOURNAL OF THE CONVETNTIONv 
 
 Messrs. Giles, Smith, of Orange, and Jacocksform the Committee* 
 On motion, the Convention adjourned until Monday morning, 
 10 o'clock. 
 
 MONJ)M r , JUNE 8, 1835. 
 
 The Convention met pursuant to adjournment. Prayer by the 
 Rev. Dr. McPheeters, of the Presbyterian Church. 
 
 The following Delegates appeared, produced their credentials, 
 were qualified, and took their seats: 
 
 Chowan — Joseph B. Skinner and Samuel T. Sawyer. 
 Washington — Josiah Collins, jun. 
 New -Hanover — Owen Holmes. 
 
 Mr. Spaight, of Craven, from the Committee heretofore appointed 
 to prepare Rules of Order for the government of the Convention, re- 
 ported the following, to-wit : 
 
 1. When the President takes the Chair, each member shall take 
 his seat, and on the appearance of a quorum, the Journal of the pre- 
 ceding day shall be read. 
 
 2. When any member is about to speak in debate, or deliver any 
 matter to the Convention, he shall rise from his seat and respectful- 
 ly address himself to the President, and shall confine himself to the 
 question under debate, and avoid personality. And when two or 
 more members happen to rise at once, the President shall name the 
 one who is first to speak. No membershr.il speak oftener than twice 
 
 , on the same question, without leave of the Convention. And when 
 any member is speaking, he shall not be interrupted by any person, 
 either by speaking, or by standing, or passing between him and the 
 Chair. 
 
 3. If any member, in speaking, or otherwise, transgress the rules 
 of the Convention, the President shall, or any member may call to 
 order ; in which case, the member so called to order shall immedi- 
 ately sit down, unless permitted to explain ; and the Convention 
 shall, if appealed to, decide on the case, but without debate. If 
 there be no appeal, the decision of the Chair shall be submitted to. 
 If the decision be in favor of the member called to order, he shall be 
 at liberty to proceed ; if otherwise, and the case require it, he shall 
 be liable to the censure of the Convention. 
 
 4. If any member be called to order for words spoken, the excep- 
 tionable words shall immediately be taken down in writing, that the 
 President may be better enabled to judge of the matter. 
 
 5. When a question is under debate, no motion shall be received 
 but to adjourn, to lie on the table, to postpone indefinitely, to post- 
 pone to a dny certain, to commit, or to amend; which several mo- 
 
JOURNAL OF THE CON VENTIOK. 11 
 
 tions shall have precedence in the order they stand arranged, and 
 the motion for adjournment shall always be in order. 
 
 6. Whenever a question shall be divisible, upon motion, the same 
 shall be divided ; and the question shall be put upon the several 
 parts into which it is divided, according to the order in which they 
 arise, unless the decision of the one shall preclude the other. 
 
 7. The President shall state the question sitting, but shall put the 
 same standing. Questions shall he distinctly put in this form: — 
 "As many as arc of opinion that (as the case may be) say aye; and 
 and after" the affirmative voice is expressed — "As many as are of a 
 contrary opinion, say no." If the President doubt as to the voice 
 of the majority, or a division of the question he called for, the Pre- 
 ♦lcnt shall call on those in the affirmative of the question to rise from 
 their seats, and afterwards those in the negative. If the President 
 still doubt, or a count be required, the President shall name two 
 members, one from each side, to tell the number in the affirmative ; 
 which being reported, he shall then name two others, one on each 
 side, to tell those in the negative ; which being also reported, he shall 
 state the division to the Convention, and announce its decision. No 
 member who was without the bar of the Convention when any ques- 
 tion was put from the Chair, shall enter his yea or nay without leave, 
 unless he shall have been absent on some Committee or business of 
 the Convention, by leave of the same. 
 
 8. The Yeas and Nays of the Members of the Convention, on any 
 question, shall, at the desire ot one-fifth of those present, be td]<Q\\ 
 and entered on the Journal of the Convention. 
 
 9. When any member shall make a motion which is not one of 
 course, he shall reduce the same to writing, if required. 
 
 10. In all cases, whether by ballot or otherwise, the President shall 
 be entitled to a vote ; and when the votes, affirmative and negative, 
 upon any question, shall be equal, the question shall be lost. 
 
 11. When a question has been once decided, it shall be in order 
 for any member in the majority to move for a reconsideration there- 
 of, on the same or succeeding day. 
 
 12. After a proposition or ordinance has been once rejected oi 
 postponed indefinitely, another of like provisions shall not be intro 
 duccd during the session of this Convention. 
 
 15. Every proposition to amend the Constitution of the State o 
 ordinance proposed, shall be read three several times, and passe 
 three several leadings, which readings shall be on three several days 
 before it shall become the act or ordinance of the Convention. Tl 
 first reading shall be for information only, and the proposition < 
 proposed ordinance shall not then be open to amendment or debate 
 and no question shall be put on that reading, but the same shall, p 
 ter being read, be declared by the President to have passed its fii 
 reading. Upon the second and third readings, the proposition 
 proposed ordinance shall bo open to amendment and debate. 
 
12 JOURNAL OF THE CONVENTION. 
 
 14. The President shall designate the members who shall compose 
 all Committees, except when otherwise ordered ; and the Commit- 
 tees of this Convention shall consist of five members, unless the 
 Convention shall otherwise determine. 
 
 15. "When the Convention resolves itself into a Committee of the 
 Whole, the President shall leave the Chair and appoint a Chairman ; 
 and when at any time the President shall wish or be disposed to 
 leave the Chair, he shall have power to appoint a President pro tern. 
 
 16. In case of any disturbance or disorderly conduct in the Galle- 
 ry or Lobby, the President or Chairman of the Committee of the 
 Whole Convention, shall have power to have the same cleared. 
 
 17. No person shall come upon the floor where the Convention 
 holds its sessions, during the session of the same, except Ministers 
 of the Gospel who have been invited by the Convention ; but the 
 Galleries are declared open for the accomodation of all persons. 
 
 18. Any member dissatisfied with the decision of the President, 
 on any question of order, may appeal to the Convention. 
 
 19. When the Convention adjourns, the members shall keep their 
 seats until the President leaves the Chair. 
 
 20. Motions for adjournment, and to lie on the table, shall be de- 
 cided without debate. 
 
 21. All cases which may arise, not embraced within the foregoing 
 Rules, shall be determined according to the Parliamentary usages, 
 as laid down by Jefferson, in his Manual. 
 
 22. The Rules for the government of the Convention shall not be 
 amended or altered, without giving at least one day's notice of such 
 amendment or alteration, except by the consent of two thirds of the 
 members present. 
 
 The foregoing Rules were read and adopted ; and on motion of 
 Mr. Speight, of Greene, ordered that two hundred copies be printed 
 for the use of the Convention. 
 On motion of Mr. Morehead, 
 
 Ordered, That the regular hour to which this Convention shall stand ad- 
 ourned, be 10 o'clock, A. M. unless otherwise ordered. 
 
 Mr. Gaston, of Craven, from the Committee of Thirteen, made 
 
 ie following Report: 
 The Committee who were appointed by the Convention to consider 
 
 'id report the manner in which it will be expedient to take up the 
 
 isiness of the Convention, respectfully report: 
 
 It appears to your Committee that the business of the Convention 
 
 ill be most conveniently brought before the Convention by their 
 occeding to consider and act upon the following Resolutions, which 
 e therefore reported simply as presenting a plan of operations, 
 d not as indicating an opinion on the merits of the Resolutions: — 
 
JOURNAL OF THE CONVENTION. 13 
 
 1. Resolved, That so much of the Act, entitled "An Act concerning a 
 Convention to amend the Constitution of the State," which Act has been ra- 
 tified by the people, as directs amendments to be made to the Constitution of 
 thisState,soasto reduce the number of the members of the Senate' to not less 
 than thirty-four, nor more than fifty, to be elected by districts, to be laid off 
 at convenient and prescribed periods by counties in proportion to the pub- 
 lic taxes paid into the Treasury of the State by the citizens thereof j also, so 
 much of said Act as directs an amendment to be made to the said Constitution, 
 whereby to reduce the number of members in the House of Commons to 
 not less than ninety, nor more than one hundred and twenty, exclusive of 
 Borough Members, to be apportioned according to federal population ; and 
 also so much thereof as relates to the residence and qualification of per- 
 sons voting for a Senator and of persons eligible to the Senate, be referred to 
 a Committee of 13 members, one of whom shall be selected from each of 
 the Congressional Districts of this State, with instructions to frame and re- 
 port the amendments as by said Act required. 
 
 2. Resolved, That so much of the said Act as directs a mode to be pre- 
 scribed for the ratification of such amendments as may be recommended by 
 the Convention; also, so much thereof as directs necessary ordinances and 
 regulations to be prescribed for the purpose of giving operation and effect 
 to the Constitution as altered and amended; and also so much thereof as di- 
 rects that the Convention shall provide in what manner amendments shall 
 in future be made to the said Constitution; be referred to a Committee of 
 thirteen members, to be selected as in the foregoing Resolution, with in- 
 structions to frame and report the necessary provisions for the purpose of 
 carrying the said directions into execution. 
 
 3. Resolved, That a Committee be appointed to enquire and report whe- 
 ther any, and if any, what amendments are proper to be made to the Con- 
 stitution of this State, as to the exclusion in whole, or in part, of Borough 
 Members from the House of Commons. 
 
 4. Resolved, That a Committee be appointed to enquire and report whe- 
 ther any, and if any, what amendments are proper to be made to the said 
 Constitution, as to the abrogation or restriction of the right of free negroes 
 or mulattoes to vote for members ot the Senate or House of Commons. 
 
 5. Resolved, That a Committee be appointed to enquire and report whe- 
 ther any, and if any, what amendments are proper to be made to the said Con- 
 stitution, to disqualify members of the Assembly, and officers of the State, or 
 those who hold places of trust under the authority of this State, from being 
 or continuing such while they hold any other office or appointment under 
 the government of this State, or the United States, or any other Govern- 
 ment. 
 
 6. Resolved, That a Committee be appointed to enquire and report whe- 
 ther any, and if any, what amendments should be made to the said Consti- 
 
 j tution, so as to make the capitation tax on slaves and free white polls 
 I equal. 
 
 7. Resolved, That a Committee be appointed to enquire and report whe- 
 ther any, and if any, what amendments be necessary in the mode of appoint- 
 ing and removing from office Militia Officers and Justices of the Peace. 
 
 8. Resolved, That a Committee be appointed to enquire and report whe- 
 ther any, and if any, what amendments be proper to compel members of the 
 General Assembly to vote viva voce, in the election of officers. 
 
 9. Resolved, That a Committee be appointed to enquire and report whe- 
 
14 JOURNAL Of THE CONVENTION. 
 
 ther any, and if any, what amendments be proper to be made in the 32d 
 Article of the Constitution. 
 
 10. Resolved, That a Committee be appointed to enquire and report whe- 
 ther any, and if any, what amendments be proper to be made in the Consti- 
 tution for supplying vacancies in the General Assembly, occurring before 
 the meeting of the General Assembly. 
 
 11. Resolved, That a Committee be appointed to enquire and report whe- 
 ther any, and if any, what amendments be proper to provide for biennial 
 instead of annual meetings of the General Assembly, and for the biennial 
 instead of tri-annual election cf Secretary of State. 
 
 12. Resolved, That a Committee be appointed to enquire and report whe- 
 ther any, and if any, what amendments, be proper to provide for the elec- 
 tion of Governor by the qualified voters for members of the House of Com- 
 mons, and prescribing the term for which he may be elected, and the num- 
 ber of terms during which he shall be eligible. 
 
 15. Resolved, That a Committee be appointed to enquire and report whe- 
 ther any, and if any, what amendments ma} be proper, providing that the 
 Attorney General shall be elected for a term of years. 
 
 14. Resolved, That a Committee be appointed to enquire and report 
 whether any, and if any, what amendments should be made providing a tri- 
 bunal whereby Judges of the Supreme and Superior Courts and other Offi- 
 cers of the State, may be impeached and tried for corruption and mal-prac- 
 tices in office. 
 
 15. Resolved, That a Committee be appointed to enquire and report 
 whether any, and if any, what amendments should be made vacating the 
 office of a Justice of the Peace, and disqualifying him from holding such ap- 
 pointment upon conviction of an infamous crime, or of corruption and mal- 
 practice in office. 
 
 16. Resolved, That a Committee be appointed to enquire and report 
 whether any, and if any, what amendments should be made, providing for 
 the removal of any of the Judges of the Supreme or Superior Courts for 
 mental or physical inability, upon a concurrent Resolution of two-thirds of 
 both branches of the Legislature. 
 
 17. Resolved, That a Committee be appointed to enquire and report 
 whether any, and if any, what amendments should be made, providing that 
 the salaries of the Judges shall not be diminished during their continuance 
 in office. 
 
 18. Resolved, That a Committee be appointed to. enquire and report 
 whether any amendments ought to be made, and if so, what amendments 
 are proper, to provide against unnecessary private legislation. 
 
 19. Resolved, That a Committee be appointed to enquire and report 
 whether it be proper to make any amendment, and if Sb, what amendment, 
 so as to provide that no Judge of the Supreme Court shall be eligible to anv 
 office, nor any Judge of the Superior Court to any other office than 
 that of Judge of the Supreme Court, while retaining his judicial appoint- 
 ment. 
 
 On motion of Mr. Dockery, 
 
 Ordered, That the said Report be printed. 
 
 On motion of Mr. Swain, the Committee took up for considera- 
 tion the 1st and 2d Resolutions. 
 
 Mr. Wilson, of Perquimons, moved to amend the 1st Resolution 
 
JOURNAL OF THE CONVENTION. 15 
 
 by striking out the words "thirteen members, one of whom shall be 
 selected from each of the Congressional Districts," and inserting 
 the words "twelve members, two of whom shall be selected from each 
 Judicial District. 
 
 The question thereon was decided in the negative. Yeas 51 — 
 Nays 75. 
 
 The Yeas and Nays were ordered by one fifth of the members 
 present, on the call of Mr. Wilson, of Perquimons. 
 Those who voted in the affirmative were 
 
 Messrs* Outlaw, Roulhac, Hill, Hall, McPherson, Ferebee, Bryan, 
 Sawyer, Skinner, Baxter, Pearsall, Hussey. Wilson (Edgecomb) Sugg, 
 Ruffin, Gatling, Stallings, Branch, Daniel, Pipkin, Rayner, Hodges, Gas- 
 ton (Hyde,) Adams, Wilder, Huggins, Howard, Cooper, Biggs, Arrington, 
 Holmes, Marsteller, Calvert, Gary, Averitt, Sanders, Bailey, Ramsay, 
 (Pasquctank,) Wilson (Perquimons,) Jacocks, Powell (Robeson,) Faison, 
 Spruill, Halsey, Jones (Wake,) Seawell, Edwards, Collins, Norcom, She- 
 rard, and Whitfield— 51 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Morris, Bower, Owen, Gudger, Mel chor, Graves, Troy, Gaston 
 (Craven,) Hogan, Gilliam, Hooker, Welch, Young, Cansler, Hutcheson, 
 Gaines, Boddie, Chambers, Gray, Harrington, Lesueur, Carson, Moore, 
 Dobson, W r ellborn, White, Tayloe, Andres, Gaither, Styron, Ramsay, 
 (Chatham,) Powell, (Columbus,) McDiarmid, Hargrave, Crudup, More- 
 head, Cathey, Cox, Brittain, Grier, Kelly, Montgomery, Williams, f Person,) 
 Elliott, Bunting, Giles, Birchett, Shober, Macon, Smith, (Yancey,) Mc- 
 Millan, Bonner, Swain, Barringer, Lea, McQueen, Spaight, (Craven) Toc- 
 mer, Williams (Irahklin, ) Speight, (Greene,) Parker, King, Shipp, Guinn, 
 Martin, Chalmers, Smith (Orange,) Williams (Pitt,) Dockery, Brodnax, 
 Fisher, Meares, Franklin, Jones, (IVilkes,) Jervis — 75 Nays. 
 
 On motion of Mr. Shober, the said Resolution was amended by 
 striking out the numbers "thirteen" and "one," and inserting "twen- 
 ty-six" and "two;" and the Resolution was adopted. 
 
 Messrs. Bailey, Wilson, of Perquimons, Daniel, Outlaw, Halsey, 
 Collins, Spaight, of Craven, Speight, of Greene, Holmes, Owen, 
 Crudup, Williams, of Franklin, Toomer, Kelly, Smith, of Orange, 
 Jones, of Wake, Gray, Barringer, Hutcheson, Swain, Carson, King 
 Bower, Morehead, Brodnax and Fisher compose the Committee. 
 On motion of Mr. Smith, of Orange, 
 
 Ordered, That the 2d Resolution lie on the table. 
 And on motion, the Convention adjourned. 
 
 TUESDAY, JUNE 9, 1835. 
 The Convention met pursuant to adjournment. Prayer by the 
 Rev. Mr. Jamieson, of the Methodist Episcopal Church. 
 
16 JOURNAL OF THE CONVENTION. 
 
 Mr. Jacocks moved that the Convention do now take up for con- 
 sideration the Resolution introduced by him on Friday ; which be- 
 ing agreed to, he submitted the following as a substitutes 
 
 Resolved, That the Committee instituted to prepare statistical statements 
 for the use of this Convention, cause to be attached thereto the number of 
 votes taken in each county of the State upon the Convention question, on 
 the 1st and 2d of April last. 
 
 On motion of Mr. Wilson, of Perquimons, the Resolution was 
 amended by adding thereto, "and that said Committee enquire and 
 report the number of free white men in each county in the State, of 
 twenty years and upwards." 
 
 On motion of Mr. Gaither, the Resolution was amended by adding 
 thereto, " also the vote for and against a Convention, which was 
 given at the August Elections of 1833." 
 
 And on motion of Mr. Swain, the Resolution was further amend- 
 ed by striking out so much of the Resolution as proposes to refer the 
 several subjects to a Committee heretofore raised, and insert in lieu 
 thereof, "that a Committee of three be appointed to report." 
 
 The Resolution was read as amended ; and on the question that it 
 be adopted, it was determined in the affirmative. 
 
 The President then appointed Messrs. Jacocks, Gaither, and Jones 
 of Wake, to compose the Committee. 
 
 Mr. King moved that the Convention take up the Resolution in- 
 troduced by him on Saturday, upon the subject of collecting copies 
 of the Journals of the several Conventions therein named, for the 
 use of this Convention ; which was not agreed to. 
 
 On motion of Mr. Smith, of Orange, the Convention took up for 
 consideration the 2d Resolution contained in the Report made by 
 Mr. Gaston, of Craven, on yesterday. 
 
 Mr. Wilson, of Perquimons, moved to amend the Resolution by 
 striking out the words " thirteen members, to be selected as in the 
 foregoing Resolution," and to insert in lieu thereof " twelve mem- 
 bers, two of whom shall be selected from each Judicial District." 
 Mr. McQueen called for a division of the question. 
 
 And the question being on striking out, it was decided in the ne- 
 gative. Yeas 61— Nays 65. 
 
 The Yeas and Nays were ordered on the call of Mr. Jacocks- 
 
 Those who voted in the affirmative were 
 
 Messrs. Adams, Arlington, Averitt, Bonner, Bryan, Baxter, Branch, 
 Biggs, Bailey, Bunting, Brodnax, Cooper, Calvert, Collins, Daniel, Ed- 
 wards, Ferebee, Faison, Gatling, Gaston (Hyde,) Gary, Hall, Hill, Hus- 
 sey, Hodges, Huggins, Howard, Halsey, Holmes, Jones (Wake,) Joiner, 
 Jacocks, McPherson, Marsteller, Meares, Norcom, Outlaw, Powell (Co- 
 lumbus,) Powell (Robeson,) Pearsall, Pipkin, Ruffin, Rayner, Ramsay 
 (Perquimons,) Rouihac, Styron, Sawyer, Skinner, Sugg, Stallings, San- 
 ders, Seawell, Sherard, Spruill, Tayloe, Troy, Wilson (Edgecomb,) Wil- 
 liams (Franklin,) Wilson (Perquimons,) Whitfield, Wilder — 61 Yeas. 
 
JOURNAL OF THE CONVENTION. 17 
 
 Those who voted in the negative were 
 
 Messrs. Andres, Bower, Barringer, Brittain, Birchett, Boddie, Crudup, 
 Cathey, Cox, Cansler, Chalmers, Chambers, Carson, Dockery, Dobson, 
 Elliott, Fisher, Franklin, Gaither,Graves, Gaston (Craven,) Gilliam, Guinn, 
 i&rier, Gray, Gaines, Giles, Gudger, Hogan, Hargrave, Hutcheson, Har- 
 rington, Jervis, Jones (JVilkes,) King, Kelly, Lea, Lesueur, Macon, Mc- 
 Queen, Morris, McMillan, Melchor, McDiarmid, Morehead, Martin, Mont- 
 gomery, Moore, Owen, Parker, Ramsay (Chatham,) Swain, Spaight (Cra- 
 ven,) Speight (Greene,) Shipp, Smith (Orange,) Smith, (Fancy,) Shober, 
 Toomer, White, Welch, Williams (Person,) Williams (Pitt,) Wellborn, 
 and Young — 65 Nays. 
 
 On motion of Mr. Gaston, of Craven, the Resolution was amend- 
 ed by inserting after the word "members," the words "one of whom 
 shall be selected from each of the Congressional Districts of this 
 State." 
 
 And on the question that the Resolution be adopted, it was deter- 
 mined in the affirmative. 
 
 Messrs. Skinner, Branch, Wilson, of Edgecomb, Bryan, Meares, 
 Gilliam, Toomer, Montgomery, Shober, Giles, Shipp, Birchett, and 
 Dobson, were appointed to compose the Committee. 
 
 On motion of Mr. Gaston, of Craven, the other Resolutions re- 
 ported by him were severally referred to Committees of the Whole 
 Convention. 
 
 And on motion, the Convention adjourned. 
 
 WEDNESDAY, JUNE 10, 1835. 
 
 The Convention met pursuant to adjournment. Prayer by the 
 Rev. Dr. McPheeters, of the Presbyterian Church. 
 
 Mr. Council Wooten, one of the Delegates elect from the county 
 of Lenoir, appeared, produced his credentials, was qualified and 
 took liis seat.. 
 
 Mi*. Jacocks, from the Committee appointed to report the number 
 of votes given on the 1st and 2d of April last, and at the August 
 Elections in 1833, in each county in the State, upon the proposition 
 to call a Convention, and also the number of white male persons in 
 each county of twenty years and upwards, agreeably to the Census 
 of 1830, reported, 
 
 That from the returns to the Governor, it appears that at the Elections in 
 August, 1833, there were twenty-nine thousand, five hundred and five votes 
 given in favor of a Convention, in thirty counties of the State — the other 
 counties making no returns, and it is believed they did not vote. 
 
 The number of votes taken on the 1st and 2d of April last, agreeably to 
 returns also made to the Governor, are forty-nine thousand, two hundred 
 and forty-four, of which twenty -seven thousand, five hundred and fifty were 
 
 3 
 
18 JOURNAL OF THE CONVENTION. 
 
 * l For Convention" — and twenty-one thousand, six hundred and ninety-four 
 ^Against Convention. " Majority for Convention, five thousand, eight hun- 
 dred and fifty-six. 
 
 From the Census of 1830, it appears that there were in the State, at that 
 time, ninety-seven thousand, six hundred and thirty-three male white per- 
 sons, of twenty years of age and upwards. 
 
 The Report was read, and on motion of Mr. Edwards, ordered to 
 be printed with the tabular statements accompanying the same; and 
 on motion of Mr. Jacocks, ordered that two additional copies be print- 
 ed for each member. 
 
 Mr. Lesueur submitted the following Resolution: 
 
 Resolved, That the Committee to whom was referred so much of the 
 Act -entitled "An Act concerning a Convention to amend the Constitution 
 of the State," which Act has been ratified by the people, as relates to fixing 
 the representation, be instructed (by calculation) to ascertain and report 
 the number of Representatives in the House of Commons, and the number 
 of Senators, within the limits prescribed by said Act, which will give to 
 each county, or portion of the State, nearest its fair and equal number of 
 members in both Houses of the General Assembly of the State, upon the 
 basis laid down in the said Act. 
 
 Mr. Smith, of Orange, moved that the Convention resolve itself 
 into a Committee of the Whole, and take up the 11th Resolution in 
 ihe Report, Which was heretofore referred to that Committee. 
 
 And on the question that the Convention go into Committee of the 
 "Whole on the 11th Resolution, it was determined in the negative. 
 
 The Convention, on motion of Mr. Speight, of Greene, resolved 
 itself into a Committee of the Whole, Mr. Swain in the Chair, on 
 the 3d Resolution in the Report, proposing that a Committee be ap- 
 pointed to enquire what amendments, if any, are proper to he made 
 to the Constitution of this State, as to the exclusion in whole or in 
 part of Borough Members from the House of Commons. 
 
 After some time spent therein, the President resumed the Chair, 
 and Mr. Swain reported that the Committee had, according to or- 
 der, had the said Resolution under consideration, and made progress 
 therein; but not having gone through the same, had instructed him 
 to move for leave to sit again. 
 
 And on the question that the Committee of the Whole Convention 
 have leave to sit again, it was determined in the affirmative. 
 On motion of Mr. Smith, of Orange, 
 
 Resolved, That the regular hour to which this Convention shall stand ad- 
 journed be 9 o'clock, A.M. until otherwise ordered. 
 
 And on motion, the Convention adjourned. 
 
 THURSDAY, JUNE 11, 1835. 
 
 The Convention met pursuant to adjournment. Prayer by the 
 Rev. Mr. Jamieson, of the Methodist Episcopal Church. 
 
JOURNAL OF THE CONVENTION. 19 
 
 On motion of Mr. Edwards, 
 
 Resolved, That whenever the Convention shall order any paper or docu- 
 ment to be printed, there shall be one hundred and fifty copies, unless when 
 otherwise directed. 
 
 The Convention, on motion of Mr. Edwards, again resolved itself 
 into a Committee of the Whole, Mr. Daniel in the Chair, on the 3d 
 Resolution, proposing that a Committee be appointed to enquire 
 what amendments, if any, are proper to be made to the Constitution 
 of this State, as to the exclusion in whole or in part of Borough Mem- 
 bers from the House of Commons. And after some time spent there- 
 in, the President resumed the Chair, and Mr. Daniel reported that 
 the Committee had, according to order, again had the said Resolu- 
 tion under consideration and made no amendment thereto. 
 
 The Convention proceeded to consider the said Resolution; where- 
 upon Mr. Smith, of Orange, moved to amend the Resolution by strik- 
 ing out all after the word "Resolved," and inserting in lieu thereof 
 as follows: 
 
 " That it is expedient to abolish Borough Representation en- 
 tirely." 
 
 Mr. Gaston, of Hyde, moved to amend the amendment by strik- 
 ing out the word "entirely," and inserting in lieu thereof the words 
 "except the towns of Edenton, Newborn and Wilmington." 
 
 On this question the Yeas and Nays were required by one-fifth 
 of the members present, on ihe call of Mr. Gaston, of Hyde. 
 
 Those who voted in the affirmative were 
 
 Messrs. Bryan, Baxter, Bailey, Cox, Collins, Gaston (Craven,) Gaston 
 (Hyde,) Gary, Hill, Hooker, Huggins, Halsey, Joiner, Norcom, Owen, 
 Rarnsay (Pasquotank,) Skinner, Spaight (Craven,) Sanders, Spruill, Too- 
 mer, Williams (Pitt,) Young — 23 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Andres, Averitt, Arrington, Adams, Bower, Bonner, Barringer, 
 Branch, Brittain, Biggs, Bunting, Birchett, Brodnax, Boddie, Crudup,Ca- 
 they, Cansler, Cooper, Chalmers, Calvert, Chambers, Carson, Daniel, 
 Dockery, Dobson, Elliot, Edwards, Ferebee, Fisher, Faison, Franklin, 
 Gatling, Gaither, Graves, , Gilliam, Guinn, Grier, Gaines, Gray, Gudger, 
 Hall, Hogan, Hargrave, Hussey, Hodges, Howard, Hutcheson, Harring- 
 ton, Holmes, Jones (Wake,) Jones (Wilkes,) Jervis, Jacocks, King, Kel- 
 ly, Lea, Lesueur, Macon, McQueen, Morris, McMillan, Melchor, Mc- 
 pherson, McDiarmid, Marchant, Morehead, Martin, Marsteller, Mont- 
 gomery, Meares, Moore, Outlaw, Powell (Columbus,) Powell (Robeson,) 
 Pearsall, Parker, Pipkin, Ruffin, Ramsay (Chatham,) Rayner, Swain, Sty- 
 ron, Sawyer, Sugg, Stallings, Speight (Greene,) Shipp, Smith (Orange,) 
 Smith (fancy,) Seawell, Sherard, Shober, Tayloe, Troy, White, Wilson 
 (Edgecomib,) Wilson (Perquimons,) Williams (Iranklin,) Williams (Per- 
 son,) Welch, Whitfield, Wellborn, Wilder, and Wooten— 104 Nays. 
 
 So the Convention refused to amend the amendment. Yeas 23 — 
 Nays 104. 
 The qustion now recurring on the amendment submitted by Mr. 
 
20 JOURNAL Or THE CONVENTION. 
 
 Smith, of Orange, Mr. Morehead called for a division of the ques- 
 tion. 
 
 And the question being to strike out all of the said Resolution af- 
 ter the word ■' Resolved," it was decided in the negative. Yeas 61 — 
 Nays 67. 
 
 The Yeas and Nays were required by one-fifth of the members 
 present, on the call of Mr. Smith, of Orange. 
 
 Those who voted in the affirmative were 
 
 Messrs. Averitt, Arlington, Adams, Bonner, Baxter, Biggs, Birchett, 
 Boddie, Cathey, Cooper, Edwards, Faison, Gatling, Gaither, Graves, Gas- 
 ton (Hyde,) Guinn, Brier, Hall, Hargrave, Hussey, Hodges, Howard, 
 Hutclieson, Harrington, Holmes, Jones (Wake,) Jervis, Jacocks, Kelly, 
 Lea, Macon, Morris, McPherson, Marsteller, Montgomery, Powell (Co- 
 lumbus,) Pearsall, Parker, Pipkin, Ramsay (Chatham,) Rayner, Sty- 
 ron, Sawyer, Sugg, Stallings, Speight (Greene,) Sanders, Smith (Orange,) 
 Smith (Fancy,) Seawell, Sherrard, Spruill, Tayloe, Wilson (Edgecomb,) 
 "Wilson (Perquimons,) Williams (Franklin,) Williams (Person,) Wil- 
 liams (Pitt,) Whitfield, and Wilder — 61 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Andres, Bower, Barringer, Bryan, Branch, Brittain, Bailey, 
 Bunting, Brodnax, Crudup, Cox, Cansler, Chalmers, Calvert, Chambers, 
 Carson, Collins, Daniel, Bockery, Bobson, Elliott, Ferebee, Fisher, Frank- 
 lin, Gaston (Craven,) Gilliam, Gaines, Gary, Gray, Gudger, Hill, Hogan, 
 Hooker, Ktfggins, Halsey, Jones (Wilkes,) Joiner, King, Lesueur, Mc- 
 Queen, McMillan, Melchor, McBiarmid, Marchant, Morehead, Martin, 
 Meares, Moore, Norcom, Outlaw, Owen, Powell (Robeson,) Ruffin, Ram- 
 say (Pasquotank,) Roulhac, Swain, Skinner, Spaight (Craven,) Shipp, Sho- 
 ber. Troy, Toomer, White, Welch, Wooten, Wellborn, and Young — 
 67 Nays. 
 
 And the question on the adoption of the 3d Resolution was decided 
 in the affirmative. 
 
 On motion of Mr. Hogan, the Resolution was referred to the same 
 Committee to whom was referred the first Resolution contained in 
 the Report made by Mr. Gaston, of Craven. 
 On motion of Mr, Meares, 
 
 Ordered, That the document containing the Census of this State for 1820 
 & 1830,withaTabular Statement of the public taxes, white and black polls, 
 and federal numbers of the counties of this State, compiled from the Reve- 
 nue Lists of 1831, 1832 and 1833, printed under the superintendence of a 
 
 , Committee heretofore raised for that purpose, be re-committed to the same 
 Committee, with instructions to cause to be inserted in the Statement to be 
 re-printed the public taxes as contained in the Revenue Lists of 1829 and 
 
 \18S0. 
 
 On motion of Mr. Jacocks, Mr. Meares was added to the Com- 
 mittee. 
 
 Mr. Toomer was, on his motion, excused from serving on the 
 Committee raised upon the 2d Resolution in the Report ; and Mr. 
 Harrington was appointed in his stead. \ 
 
 And on motion, the Convention adjourned. 
 
JOURNAL OF THE CONVENTION. 21 
 
 FRIDAY, JLWE 12, 1835. 
 
 The Convention met, pursuant to adjournment. Prayer by the 
 Rev. Dr. McPhceters. 
 
 Mr. Swain, from the Committee to whom the subject hail been 
 referred, reported the following Articles prescribing the manner in 
 which the Senate and House of Commons shall be consti- 
 tuted: 
 
 That the Senate shall be composed of fifty Representatives, cho- 
 
 sen by ballot, and to be elected by districts, which districts shall be laid 
 off by the General Assembly, at its first session after the year eighteen hun- 
 dred and forty-one, and every ten years thereafter, in proportion to the 
 public taxes paid into the Treasury of the State, by the citizens thereof; 
 Provided, that no county shall be divided in the formation of a Senatorial 
 district. And when thes'e are one or more counties having an excess of 
 taxation above the ratio to form a Senatorial district, adjoining a county or 
 counties deficient in such ratio, the excess or excesses aforesaid shall be 
 added to the taxation of the county or counties deficient; and if with such 
 addition, the county or counties receiving it shall have the requisite ratio, 
 such county and counties shall each constitute a Senatorial district. 
 
 That the House of Commons shall be composed of one hundred and twen- 
 ty Representatives, chosen by ballot, to be elected by counties or 
 districts, or both, according to their Federal population, that is, according 
 to their respective numbers, which shall be determined by adding to the 
 whole number of free persons, including those bound to service for a term 
 of years, and excluding Indians not taxed, three-fifths of all other persons, 
 and each county shall have at least one member in the House of Commons, 
 although it may not contain the requisite ratio of population. The appor- 
 tionment to be made by the General Assembly, at its first session after the 
 year eighteen hundred and forty-one, and every ten years thereafter; which 
 apportionment shall be made according to an enumeration to be ordered by 
 the General Assembly, or according to the Census which may be taken by 
 order of Congress, next preceding the period of making such apportion- 
 ment. 
 
 The Articles were read the first time, passed, and on motion of 
 Mr. Swain, ordered that two hundred copies he printed. 
 
 The Convention, on the motion of Mr. Daniel, according to the 
 order of the day, resolved itself into a Committee of the Whole, Mr. 
 Gaston, of Craven, in the Chair, on the 4th Resolution, proposing 
 that a Committee be appointed to enquire and report whether any, 
 and if any, what amendments are proper to be made to the Consti- 
 tion as to the abrogation or restriction of the right of free negroes 
 or mulattoes to vote for members of the Senate or House of Com- 
 mons: And after some time spent therein, the President resumed 
 the Chair, and Mr. Gaston reported that the Committee had, ac- 
 cording to order, had the said Resolution under consideration and 
 made an amendment thereto. 
 
 And on motion the Convention adjourned. 
 
22 JOURNAL OF THE CONVENTION. 
 
 SATURDAY, JUNE 15, 1835. 
 
 The Convention met, pursuant to adjournment- Prayer by the 
 Rev. Mr. Jamieson. 
 
 On motion of Mr. Shober, the Convention proceeded to consider 
 the amendment reported from the Committee of the "Whole, to whom 
 was referred the 4th Resolution, proposing that a Committee be ap- 
 pointed to enquire whether any, and if any, what amendments are 
 proper to be made to the Constitution as to the abrogation or re- 
 striction of the right of free negroes or mulattoes to vote for mem- 
 bers of the Senate or House of Commons: which amendment is to*) 
 strike out all of the said Resolution after the word "Resolved," and! 
 insert in lieu thereof, " that free negroes and mulattoes within four 
 degrees inclusive, be deprived of the privilege of voting for mem- 
 bers of the Senate and House of Commons in this State." 
 
 Mr. Morehead moved to amend the amendment by striking out 
 all after the word "that," and inserting "all free negroes and mu- 
 lattoes, within the fourth degree, shall be excluded from voting for 
 members of the Senate. That all free negroes and mulattoes of the 
 age of twenty-one years, who have been inhabitants of any one 
 county within the State twelve months immediately preceding the day 
 of election, and possessed of a freehold within the same county of I 
 the value of dollars, for six months next before and at the day 
 
 of election, and shall not have been convicted of any infamous crime 
 or offence, shall be entitled to vote for members of the House of 
 Commons." 
 
 Mr. Gaston, of Craven, called for a division of the question. 
 
 And the question being to strike out all of the said amendment re- 
 ported by the said Committee of the Whole, after the word "that," 
 it was determined in the negative. Yeas 62 — Nays 65. 
 
 The Yeas and Nays were required by one-fifth of the members- 
 present, on the call of Mr. Gilliam. 
 
 Those who voted in the affirmative were 
 
 Messrs. Andres, Arrington, Bower, Branch, Biggs, Bunting, Birchett, 
 Cathey, Cansler, Chalmers, Chambers, Carson, Daniel, Dockery, Dobson, 
 Elliott, Ferebee, Fisher, Franklin, Graves, Gaston {Craven,) Gaston (Hyde,) 
 Guinn, Grier, Gaines, Gray, Giles, Gudger, Hall, Holmes, Jones [Wake,) 
 Jones {Wilkes,) Joiner, King, Kelly, Morris, McMillan, McPherson, Mc- 
 Diarmid, Morehead, Martin, Marstcller, Montgomery, Moore, Owen, 
 Powell {Columbus,) Powell {Robeson,) Parker, Rayner, Swain, Shipp, 
 Smith [Orange,) Smith {Fancy,) Seavrell, Sherard, Shober, Troy, Toomer, 
 White, Williams {Pitt,) Whitfield, and Wellborn— 62 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Averitt, Adams, Bonner, Barringer, Bryan, Baxter, Brittain, 
 Bailey, Brodnax, Boddie, Crudup, Cox, Cooper, Calvert, Collins, Ed- 
 wards, Faison, Gatling, Gaither, Gilliam, Gary, Hogan, Hargrave, Hus- 
 sey, Hooker, Hodges, Huggins, Howard, Hutcheson, Harrington, Halsey. 
 
 < 
 
JOURNAL OF THE CONVENTION. 23 
 
 Jervis, Jacoclcs, Lea, Lesueur, Macon, McQueen, Melchor, Marchant, 
 Meares, Norcom, Outlaw, Pearsall, Pipkin, Ruffin, Ramsay (Pasqicotank,) 
 Roulhac, Styron, Sawyer, Skinner, Spaight {Craven,) Speight [Greene,) 
 Sugg, Stallings, Sanders, Spruill, Tayloe, Wilson (Edgecomb,) Wilson 
 (Perquimons,) Welch, Wooten, Williams (Franklin,) Williams (Person,) 
 Wilder, and Young — 65 Nays. 
 
 The question now recurring on the amendment reported by the 
 Committee of the Whole, it was agreed to. Yeas G6 — Nays 61. 
 
 The Y"eas and Nays were required by one-fifth of the members 
 present, on the call of Mr. Gilliam. 
 
 Those who voted in the affirmative were 
 
 Messrs. Averitt, Adams, Bonner, Baninger, Bryan, Baxter, Brittain, 
 Bailey, Brodnax, Boddie, Crudup, Cox, Cooper, Calvert, Collins, Ed- 
 wards, Faison, Gatling, Gaither, Graves, Gilliam, Gary, Hogan, Hargrave, 
 Hussey, Hooker, Hodges, Huggins, Howard, Hutcheson, Harrington, 
 Halsey, Jervis, Jacocks, Lea, Lesueur, Macon, McQueen, Melchor, Mar- 
 chant, Meares, Norcom, Outlaw, Pearsall, Pipkin, Ruffin, Ramsay (Pas- 
 quotank,) Roulhac, Styron, Sawyer, Skinner, Spaight (Craven,) Speight 
 (Greene,) Sugg, Stallings, Sanders, Spruill, Tayloe, Wilson (Edgecomb,) 
 Wilson (Perquimons,) Welch, Wooten, Williams (Franklin,) Williams 
 (Person,) Wilder, and Young — 66 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Andres, Arrington, Bower, Branch, Biggs, Bunting, Birchett, 
 Cathey, Cansler, Chalmers, Chambers, Carson, Daniel, Dockery, Dobson, 
 Elliott, Ferebee, Fisher, Franklin, Gaston (Craven,) Gaston (Hyde,,) Guinn, 
 Grier, Gaines, Gray, Giles, Gudger, Hall, Holmes, Jones (Wake,) Jones 
 (Wilkes,) Joiner, King, Kelly, Morris, McMillan, McPherson, McDiarmid, 
 Morehead, Martin, Marsteller, Montgomery, Moore, Owen, Powell (Co- 
 lumbus,) Powell (Robeson,) Parker, Rayner, Swain, Shipp, Smith (Orange,) 
 Smith (Fancy,) Seawell, Sherard, Shober, Troy, Toomer, White, Wil- 
 liams {Pitt,) Whitfield, and Wellborn — 61 Nays. 
 
 So the Convention came to the following Resolution: 
 
 Resolved, That free negroes and mulattoes, within four degrees in- 
 clusive, be deprived of the privilege of voting for members of the Senate 
 and House of Commons in this State. 
 
 On motion of Mr. Spaight, of Craven, the said Resolution was re- 
 ferred to a select Committee, with instructions to draft an amend- 
 ment accordingly. 
 
 Messrs. Spaight, of Craven, Brodnax, Wilson, of Perquimons, 
 Dockery and Bower compose the Committee. 
 
 The Articles prescribing the manner in which the Senate and 
 House of Commons shall be constituted were taken up for a second 
 reading. 
 
 On motion of Mr. Speight, of Greene, 
 
 Ordered, That the said Articles be referred to a Committee of the whole 
 Convention, and made the order ot the day for Monday next. 
 On motion of Mr. Swain, 
 
 The Convention, according to the order of the day, resolved itself 
 
24 JOURNAL OF THE CONVENTION. 
 
 into a Committee of tlie Whole, Mr. Shober in the Chair, on the 5th 
 Resolution, proposing that a Committee be appointed to enquire and 
 rfrport whether any, and if any, w!;at amendments arc proper to be 
 made to the Constitution to disqualify members of the Assembly and 
 Officers of the State, or those who hold places of trust under the au- 
 thority of this State, from being or continuing such while they 
 hold any other office or appointment of this State or of the United 
 States or any other Government: And after some time spent there- 
 in, the President resumed the Chair and Mr. Shober reported that 
 the Committee had, according to order, had the same under consid- 
 eration, and made no amendment thereto. 
 
 The Convention proceeded to consider the said Resolution ; and 
 on the question that the Convention adopt the same, it was decided 
 in the affirmative. 
 
 Messrs. Gaither, Boddie, Gaston, of Hyde, Arlington and Adams 
 compose the Committee raised by said Resolution. 
 On motion of Mr. Shober, 
 
 The Convention, according to the order of the day, resolved itself 
 into a Committee of the Whole, Mr. Dockery in the Chair, on the 
 Gth Resolution, proposing that a Committee be appointed to enquire 
 and report whether any, and if any, what amendments should be 
 made to the Constitution, so as to make the capitation tax on slaves 
 and free white polls equal. And after some time spent therein, the 
 President resumed the Chair, and Mr. Dockery reported that the 
 Committee had, according to order, had the said Resolution under 
 consideration and made progress therein, but not having gone thro* 
 the same, had instructed him to move for leave to sit again. 
 
 And on the question, that the Committee of the Whole Conven- 
 tion have leave to sit again on the said Resolution, it was determined 
 in the affirmative. 
 
 On motion, the Convention adjourned. 
 
 MOjYBJIF, JUNE 15, 1835. 
 
 The Convention met pursuant to adjournment. Prayer by the 
 Rev. Dr. McPheeters, of the Presbyterian Church. 
 
 Samuel P. Carson, a Delegate elect from Burke county, appear- 
 ed, produced his credentials, was duly qualified, and took his seat. 
 On motion of Mr. Speight, of Greene, 
 
 The Convention, according to the special order of the day, re- 
 solved itself into a Committee of the Whole, Mr. Shober in the 
 Chair, on the Articles prescribing the manner in which the Senate 
 and House of Commons shall be constituted. After sometime spent 
 therein, the President resumed the Chair, and Mr. Shober reported 
 that the Committee had, according to order, had the subject under 
 consideration, and made progress therein, but not having gone thro' 
 the same, had instructed him to ask for leave to sit again. 
 
JOURNAL OT THE CONVENTION. 25 
 
 And, on tlie question that the Committee of the Whole have leave 
 o sit again on the said Articles, it was decided in the affirmative. 
 On motion, the Convention adjourned. 
 
 TUESDAY, JUNE 16, 1S35. 
 
 The Convention met pursuant to adjournment. Prayer by the 
 Rev. Mr. Jamieson, of the Methodist Episcopal Church. 
 
 Mr. Spaight, of Craven, from the Committee to whom was refer- 
 red the resolution, declaring that free negroes and mulattoes, with- 
 n four degrees inclusive, he deprived of the privilege of voting for 
 Members of the Senate and House of Commons in this State, with 
 nstructions to draw up an amendment in conformity thereto, report- 
 ed the following Article : 
 
 That no free negro, free mulatto, or free person of mixed blood, descend- 
 ;d from negro ancestors to the fourth generation inclusive, (though one an- 
 cestor of each generation may have been a white person,.) shall vote for 
 members of the Senate or House of Commons, 
 
 This Article was read the first time and passed ; and on motion of 
 Mr. Fisher, ordered to be printed. 
 
 On motion of Mr. Speight, of Greene, 
 
 The Convention, according to the order of the day, again resolved 
 itself into a Committee of the Whole, Mr. Shoher in the Chacon 
 the Articles prescribing the manner in which the Senate and House 
 !)f Commons shall be constituted. And after some time spe*t there- 
 in, the President resumed the Chair, and Mr. Shober rejK>rted that 
 the Committee had, according to order, again had the said subject 
 under consideration, and made farther pnjgress therein, &ut not 
 having gone through the same, had instructed him to rfiove i'or leave 
 to sit again. 
 
 And on the question that the v Committee of the Whofc have leave 
 to sit again, it was decided in the affirmative. 
 
 Mr. Wilson, of Perquimons submitted the follow/rig resolution: 
 
 Resolved, That a Committee of twelve, two o/'whom to be selected from 
 sach Judicial District, be appointed to report what ratio of federal popula- 
 tion will give to the House of Commons ninety members, one hundred mem- 
 bers, one hundred and ten members and «ie hundred and twenty members 
 -and that said Committee report what disposition is to be made of thefed- 
 ral population, after allowing one member to each county — and that said 
 Committee be instructed, after allowing one member to each county, to ap- 
 >ropriate the residue to counties or districts, or both, according to federal 
 opulation according to the several numbers of 90, 100, 110 and 120* 
 
 And on motion, the Convention adjourned. 
 
26 JOURNAL OF THE CONVENTION. 
 
 WEDNESDAY, JUNE 17, 1835. 
 
 The Convention met pursuant to adjournment. Prayer by the 
 Rev. Dr. McPheeters, of the Preshyterian Church. 
 On motion of Mr. Wilson, of Perquimons, 
 
 The Convention proceeded to consider the resolution introduced 
 by him on yesterday. 
 
 Mr. Gaston, of Craven, moved to amend the resolution by stri- 
 king out the words, " and that said Committee report what disposi- 
 tion is to be made of the residue of federal population, after allowing 
 one member to each county — and that said Committee be instruct- 
 ed, after allowing one member to each county, to appropriate the res- 
 idue to counties or districts, or both, according to federal population, 
 according to the several numbers 90, 100, 110 and 120." 
 
 Pending this motion, Mr. Kogan moved to postpone the further 
 consideration of the whole resolution, until the 20th day of July next; 
 which was decided in the negative, Yeas 58, Nays 71. 
 
 The Yeas and Nays were required by one-fifth of the members 
 present, on the call of Mr. Smith, of Orange. 
 Those who voted in the affirmative were 
 
 Messrs. Andres, Bower, Barringer, Brittain, Birchett, Brodnax, Crudup, 
 Cathev. Cansler, Chalmers," Dockery, Dobson, Elliott, Fisher, Franklin, 
 Gaither, Craves, Gilliam, Guinn, Grier, Gaines, Gray, Giles, Gudger, Ho- 
 gan, Hargrove, Hntcheson, Harrington, Jervis, Jones {Wilkes,) Joiner, 
 Kino-, Kelly, Lea, Lesueur, McQueen, Morris, Melchor, McBiarmid, More- 
 head, Martin, Montgomery, Moore, Owen, Parker, Ramsay {Chatham,) 
 SwaMySpaight ( Craven,) Shipp, Smith (Orange,) Smith (Fancy.) Shober, 
 Toomer, White, Welch, Williams (Person,) Wellborn and Young— 58. 
 
 Thow who voted in the negative were 
 Meszrs. Averitt, Arrington, Adams, Bonner, Bryan, Baxter, Branch, 
 Biggs, fitiley, Bunting, Boddie, Cox, Cooper, Calvert, Chambers, Carson 
 (Butherfoul) Collins, Daniel, Edwards, Ferebee, Faison, Gathng, Gaston 
 (Craven,) Gaston (Hyde,) Gary, Hill, Hall, Hussey, Hooker, Hodges, 
 Howard»Hug8fos,Rdsey, Holmes, Jones ( Wake,) Jacocks,Macon, McMillan, 
 MePherson, M&ani, Marsteller, Meares, Norcom, Outlaw, Powell (Co- 
 lumbus,) Powell {Xobeso,i,) Pearsall, Pipkin, Ruffin, Rayner, Ramsay (Pas- 
 quotank,) Roulhac, Styron.Sawyer, Skinner, Spruill,Su-g, Stallmgs, Speight 
 (Greene,) Sanders, Staweb Sherard, Tayloe, Troy, Wilson (Edgecomb,) 
 Wilson (Perquimons,) Will'fl.ms (Franklin,) Williams (Pitt,) Wooten, 
 Whitfield, and Wilder— 71. 
 
 The question recurring mi tli« amendment proposed by Mr. Gas- 
 ton of Craven, it was decided indie affirmative. Yeas 70— Nays 59. 
 
 The Yeas and Nays were requited by one-fifth of the members 
 present, on the call of Mr. Jacocks. 
 
 Those who voted in the affirmative were 
 
 Messrs. Andres, Bower, Barringer, Brittain, Birchett, Brodnax, Boddie, 
 Crudup, Cathey, Cansler, Chalmers, Chamber, Carson (Rutherford,) 
 Dockery, Dobson, Elliott, Edwards, Fisher, Franklin, Gaither, Graves, Gas> 
 
JOURNAL OF THE CONVENTION. 27 
 
 ton (Craven,) Gilliam, Guinn, Grier, Gaines, Gray, Giles, Guilder, Hogan, 
 Hargrave, Hutcheson, Harrington, Jervis, Jones (IFillies,) Joiner, King, 
 Kelly, Lea, Lesueur, Macon, McQueen, Morris, McMillan, Melchor, 
 McDiarmid, Morehead, Martin, Montgomery, Meares, Moore, Outlaw, 
 Owen, Parker, Ramsay (Chatham,) Swain, Spaight (Craven,) Shipp, Smith 
 (Orange,) Smith (Yancy,) Seawell, Shober, Troy, Toomer, White, Welch, 
 Williams (Person,) Williams (Pitt,) Wellborn and Young— 70 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Averitt, Adams, Arrington, "Bonner, Bryan, Baxter, Branch, 
 Biggs, Bailey, Bunting, Cox, Cooper, Calvert, Collins, Daniel, Fcrebee, 
 Faison, Gatling, Gaston (Hyde,) Gary, Hill, Hall, Hussey, Hooker, Hod- 
 ges, Huggins, Howard, Haisey, Holmes, Jones (IFake,) Jacocks, McPher- 
 son, Marsteller, Marchant, Norcom, Powell (Columbus) Powell (Robeson,) 
 Pearsall, Pipkin, Puffin, Pvayner, Ramsay (Pasquotank,) Roulhac, Styron, 
 Sawyer, Skinner, Sugg, Stallings, Speight (Greene,) Sanders, Sherard, 
 Spruill, Tayloe, Wilson (Edgecomb,) Wilson (Perquimans,) Wooten, 
 Williams (Franklin,) Whitfield, and Wilder— 59 Nays. 
 
 On motion of Mr, Wilson, of Perquiinons, 
 
 Ordered, That the Resolution do lie on the table. 
 
 On motion of Mi*. Speight, of Greene, 
 
 The Convention, according to the order of the day, again resolved 
 itself into a Committe of the Whole, Mr. Shober in the Chair, on 
 the Articles prescribing the manner in which the Senate and House 
 of Commons shall be constituted. And after some time spent there- 
 in, the President resumed the Chair, and Mr. Shober reported that 
 the Committee had, according to order, again had the said Articles 
 under consideration and made farther progress therein, but not hav- 
 ing gone through the same, had instructed him to ask leave to sit 
 again. 
 
 And on the question that the Committee of the Whole have leay/ 
 to sit again on the said Articles, it was determined in the affirma- 
 tive. 
 
 On motion, the Convention adjourned. 
 
 THURSDAY, JUNE 18, 1855. 
 
 The Convention met, pursuant to adjournment. Prayer by the- 
 Rev. Mr. Jainieson. 
 
 Mr. Wilson, of Perquimons, moved to fake up for its second read- 
 ing the Article abrogating the right of free negroes and mulattoesto 
 vote for members of the Legislature ; which was determined in the 
 negative. 
 
 On motion of Mr. Speight of Greene, 
 The Convention, according to the order of the day, again re- 
 olvcd itself into a Committee of the Whole, Mr. Shober in the Chair, 
 n the Articles prescribing the manner in which the Senate and House 
 
28 JOURNAL OF THE CONVENTION. 
 
 of Commons shall be constituted. And after some time spent there- 
 in, the President resumed the Chair, and Mr. Shober reported that 
 the Committee of the Whole had, according to order, again had the 
 said Articles under consideration, and made the following amendment 
 thereto : 
 
 "That in making the apportionment of Representatives in the 
 House of Commons, the ratio of Representation shall be ascertained 
 by dividing the amount of the Federal population of the State, after 
 deducting that comprehended within those counties which do not sev- 
 erally contain the one-hundred and twentieth part of the entire Fed- 
 eral population aforesaid, by the number of Representatives less the 
 number assigned to the said comities : That to each county contain- 
 ing the said ratio, and not twice the said ratio, there shall be as- 
 signed one Representative ; to each county containing twice, but 
 not three times the said ratio, there shall be assigned two Represen- 
 tatives ; and so on progressively, and that then the remaining Rep- 
 resentatives shall be assigned severally to the counties having the 
 largest fractions." 
 
 And the question being on concurring with the Report of the Com- 
 mute of the Whole, the Yeas and Nays were demanded by one-fifth 
 of the members present, on the call of Mr. Biggs. 
 
 Pending the question, the Convention adjourned. 
 
 FRIDAY, J17JVE 19, 1835. 
 The Convention met, pursuant to adjournment. Prayer by the 
 t.ev. Dr. McPheetcrs. 
 
 On motion of Mr. Branch, 
 
 Ordered, That the amendment reported by the Committee of the Whole, 
 on yesterday, be printed. 
 
 Mr. Gaston introduced the following Resolution: 
 
 Resolve?, That it is expedient, in framing amendments to the Constitu- 
 tion, on the subject of Representation in the House of Commons, to provide 
 that in making every apportionment, the Legislature shall divide or cause 
 to be divided, those counties to which more than two Representatives shall 
 be assigned, into election districts, consisting severally of contiguous terri- 
 tory, and of equal federal numbers, as nearly as convenience will permit, 
 each of which districls shall eWt one Representative only. 
 
 On motion of Mr. Swain, 
 
 Ordered, That two hundred copies of the laid Resolution be printed. 
 
 The Convention proceeded to the orders of the day, and took up 
 for consideration the unfinished business of yesterday. 
 
 And the question being on agreeing to the amendment reported by 
 the Committee of the Whole to the Articles prescribing the ir. inner 
 
JOURNAL OF THE CONVENTION. 29 
 
 in which the Senate and House of Commons shall be constituted, it 
 was decided in the affirmative. Yeas 83 — Nays 43. 
 Those who voted in the affirmative were 
 
 Messrs. Bovver, Bonner, Barringer, Branch, Baxter, Brittain, Bunting, 
 Birchett, Brodnax, Boddie, Crudup, Cathey, Cox, Cansler, Calvert, Cham- 
 bers, Collins, Daniel, Dockery, Dobson, Elliot, Edwards, Ferebee, Fisher, 
 Faison, Franklin, Gaither, Graves, Gaston ( Craven, ) Gilliam, Grier, Gaines, 
 Gray, Gary, Giles, Gudgcr, Hogan, Hargrave, Hooker, Halsey, Hutche- 
 son, Holmes, Jones (Wake,) Jones (Wilkes,) Jervis, Joiner, King, Lea, 
 Lesueur, Macon, McQueen, Morris, McMillan, Melchor, Marchant, 
 Morehead, Martin, Marsteller, Montgomery, Meares, Moore, Norcom, 
 Outlaw, Pearsall, Parker, Ramsay (Chatham,) Rayner, Swain, Spaight 
 (Craven,) Speight (Greene,) Slnpp, Smith (Orange,) Smith (Yancy,) 
 Shober, Spruill, Tayloe, White, Williams (franklin,) Williams (Person,) 
 Williams (Pitt,) Welch, Wellborn and Young— 83 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Andres, Averitt, Arrington, Adams, Biggs, Bryan, Bailey, 
 Cooper, Chalmers, Gatling, Gaston (Hyde,) Guinn, Hill, Hall, Hussey, 
 Hodges, Huggins, Howard, Jacocks, Kelly, McPherson, McDiarmid, 
 Owen, Powell (Columbus,) Powell (Robeson,) Pipkin, Ruffin, Ramsay 
 (Pasquotank,) Roulhac, Styron, Sawyer, Skinner, Sugg, Stallings, Sanders, 
 Seawell, Sherard, Troy, Toomer, Wilson (Edgecomb,) Wilson (Perquim- 
 ons,) Whitfield and Wilder— 43 Nays. 
 
 The Articles as amended being under consideration, Mr. Williams, 
 of Pitt, moved to amend the Article relating to the Senate by strik- 
 ing out "fen" and inserting "twenty." 
 
 Mr. Daniel called for a division of the question. 
 
 And the question being upon striking out, the Yeas and Nays were 
 required by one-fith of the members present, on the call of Mr. Ram- 
 say, of Pasquotank. 
 
 Those who voted in the affirmative were 
 
 Messrs. Andres, Averitt, Arrington, Adams, Bonner, Bryan, Baxter, 
 'Branch, Biggs, Bailey, Bimting,Crudup,Cox,Cooper,Calvert,ColHns, Daniel, 
 Edwards, Ferebee, Faison, Gatling, Gaston (Craven,) Gilliam, Gary, Hill, 
 Hall, Hargrave, Hussey, Hooker, Huggins, Howard, Halsey, Holmes, Jones 
 (Wake,) Joiner, Jacocks, McPherson, Marchant, Morehead, Marsteller, 
 Norcom, Outlaw, Owen, Powell (Columbus,) Powell (Robeson,) Pearsall, 
 Pipkin, Ruffin, Rayner, Ramsay (Pasquotank,) Roulhac, Sawyer, Skinner, 
 Spaight (Craven,) Speight (Greene,) Sugg, Stallings, Sanders, Seawell, 
 Spruill, Tayloe, Troy, Wilson (Edgecomb,) Wilson (Perquhnons,) Wil- 
 liams (Franklin,) Williams (Pitt,) Whitfield and Wilder — 68 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Bower, Barringer, Brittain, Birchett, Brodnax, Boddie, Catheyv 
 Cansler, Chalmers, Chambers, Carson (Rutherjord,) Dockery, Dobson, El- 
 liott, Fisher, Franklin, Gaither, Graves, Gaston (Hyde,) Guinn, Grier, 
 Gaines, Gray, Giles, Gudger, Hogan, Hodges, Hutcheson, Harrington, Jervis, 
 Jones (Wilkes,) King, Kelly, Lea, Lesueur, Macon, McQueen, Morris, Mc- 
 Millan, Melchor, McDiarmid, Martin, Montgomery, Meares, Moore, Par- 
 
SO JOURNAL OF THE CONVENTION. 
 
 leer, Ramsay (Chatham,) Swain, Styron, Shipp, Smith (Orange,) Smith 
 (Fancy,) Sherard, Shober, Toomer, White, Williams (Person,) Wellborn, 
 Welch and Young — 60 Nays. 
 
 So the Convention agreed to strike out. Yeas 63, Nays 60. 
 
 And the question recurring on the other branch of the motion, to- 
 va'iif to insert the word twenty in lieu of that stricken out, it was de- 
 cided in the affirmative. Yeas 69, Nays 59. 
 
 The Yeas and Nays were required by one- fifth of the members pre- 
 sent, on the call of Mr. Ramsay, of Pasquotank. 
 
 Those who voted in the affirmative were 
 
 Messrs. Andres, Averitt, Arlington, Adams, Bonner, Bryan, Baxter, 
 Branch, Biggs, Bailey, Bunting, Crudup, Cox, Cooper, Calvert, Collins, 
 Daniel, Edwards, Ferebee, Fisher, Catling, Gaston (Craven,) Gilliam, Ga- 
 ry, Giles, Hill, Hall, Hussey, Hooker, Huggins, Howard, Halsey,HoImes, 
 Jones (Wake,,) Joiner, Jacocks, McPherson, Marchant, Marsteller, Meares, 
 Outlaw, Owen, Powell (Columbus,) Powell {Robeson,) Pearsall, Pipkin, 
 Baffin, Rayner, Ramsay, Pasquotank,) Roulhac, Swain, Sawyer, Skinner, 
 Spaight (Craven,) Speight (Greene,) Sugg, Stallings, Sanders, Seawell, 
 Spruill, Tayloe, Troy, Toomer, Wilson (Edgecomb, Wilson (Perquimons,) 
 Williams (FrdnkUn,)'WiYmms (Pitt,) Whitfield, and Wilder — 69 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Bower, Barringer, Brittain, Birchett, Brodnax,Boddie, Cathey, 
 Cansler, Chalmers, Chambers, Carson (Rutherford,) Dockery, Dobson, 
 Elliott, Faison, Franklin, Gaither, Graves, Gaston (Hyde,) Guinn, Grier, 
 Gaines, Gray, Gudger, Hogan, Hargrave, Hodges, Hutcheson, Harrington, 
 Jervis, Jones (Wilkes,) King, Kelly, Lea, Lesueur, Macon, McQueen, 
 Morris, McMillan, Melc'nor, McDiarmid, Morehead, Martin, Montgome- 
 ry. Moore, Norcom, Parker, Ramsay (Chatham,) Styron, Shipp, Smith 
 (Orange,) Smith (Fancy,) Sherard, Shober, White, Welch, Williams 
 (Person,) Wellborn, and Young— 59 Nays. 
 
 Mr. Gaston, of Craven, moved to amend the said Article, by in- 
 serting between the words "and" and "every," the following: — 
 "Afterwards at its first session after the year 1851, and then ;" 
 which was agreed to. Yeas 77, Nays 21. 
 
 The Yeas and Nays were required by one-fifth of the members pre- 
 sent, at the call of Mr. Jacocks. 
 
 Those who voted in the affirmative were 
 
 Messrs. Andres, Bower, Barringer, Baxter, Brittain, Bailey, Birchett, 
 Brcdnax, Boddie, Crudup, Cathey, Cansler, Chalmers, Chambers, Carson 
 (Rutherford,) Daniel, Dobson, Dockery, Elliott, Edwards, Fisher, Frank- 
 lin, Gaither* Graves, Gaston. (Craven,) Gaston (Hyde,) Guinn, Grier,Gaines, 
 Gray, Giles, Gudger, Hogan, Hargrave, Hussey, Hodges, Huggins, Hutche- 
 son, Harrington, Jervis, Jones (Wilkes,) King, Kelly, Lea, Lesueur, Mc- 
 Queen, Morris, McMillan, Melchor, McDiarmid, Morehead, Martin, 
 Montgomery, Meares, Moore, Norcom, Outlaw,0\\ en, Parker,Ramsay (Chat- 
 ham,) Swain, Styron, Skinner, Spaight (Craven,) Shipp, Smith (Orange,) 
 Smith (Fancy, ) Sherard, Shober, Toomer, Troy, White, Wilson (Edge- 
 comb,) Welch, Williams (Person,) Wellborn and Young— 77 Yeas. 
 
JOURNAL OF THE CONVENTION. 
 
 31 
 
 Those who voted in the negative were 
 
 Messrs. Averitt, Arrington. Adams, Bonner, Bryan, Branch, BtggS, 
 Bunting, Cox, Cooper, Calvert, Collins. Ferebee, Faison, Gating, Gilliam, 
 Gary, Kill, Hall, Hooker, Howard, Halsey, Holmes, Jones {Wake,) Joiner, 
 Jacocks, Macon, McPbcrson, Marchant, Marsteller, Powell {Columbus,) 
 Powell {Robeson,) Pearsall, Pipkin, Ru'Iin, Rayncr, Ramsay. iPasquatailkJ 
 Roulhac, Sawyer, Sugg, Stalling, Speight (Greeny) Sanders, Scawcll, 
 Spruill, Tayloe, Williams (Franidin,) Williams {Pitt,) Wilson (Pcrauim- 
 ons,) Whitfield and Wilder— 51 Nays. 
 
 On motion of Mr. Halsev, the said Article was further amended, 
 by inserting after the word" "thereof," the following, "and that the 
 average of the public taxes paid by each county into the Treasury 
 of the State, for ',' c five years preceding the laying off the districts, 
 shall be considered as its proportion of the public taxes and consti- 
 tute the basis of apportionment" 
 
 Mr Bryan moved to fiil the blank in the Article relating to the. 
 House of Commons with the following : " including three borough 
 members, one from each of the towns of Edcnton, Newbern and 
 
 Wilmington.*' 
 
 Mr Bower moved to amendthc amendment, by striking out "three 
 and inserting "four," and by adding the town of Fayettevillc ; 
 which was decided in the negative. 
 
 The question recurring on the amendment offered by Mr. Bryan, 
 it was decided in the negative. ,- * •/.,■■ i, i 
 
 Mr. Speight moved to strike out from the said Article, the words 
 "one hundred and twenty." 
 
 Pending this question, Mr. Owen moved that the articles prescri- 
 bing the manner in which the Senate and House of Commons shall 
 be constituted, do- lie on the table, which was decided in tiic nega- 
 
 tive. 
 
 The question recurring on the motion to strike out the words, 
 "one hundred and twenty," the Yeas and Nays were required by 
 one-fifth of the members present, on the call of Mr. Speight, of 
 
 Greene. 
 
 Those who voted in the affirmative, were 
 
 Messrs. Andres, Averitt, Adams, Bryan," Baxter, Branch, Biggs, Bailey, 
 Bunting Boddie, Cox, Cooper, Calvert, Collins, Daniel, Ferebee., Gathng, 
 ( Gaston°(i7j/rfe,) Gary, Hill, Hall, Hussey, Hooker, Hodges, Huggins, How- 
 ard, Harrington, Halsev, Jacocks, McPhersnn, Marchant, Norcom, Out- 
 Jaw, Powell (Columbus') Powell (Robeson,) Pipkin, Rayner, Ramsay (Pas- 
 quotank,) Roulhac, Styron, Sawyer, Sugg. Stalling*, Speight (Greme,) 
 Sanders, Sherard, Spruill, Troy, Wilson (Edgecomb,) Wilson (Perquim- 
 ans,) Whitfield and Wilder.— 59. yeas. 
 Those who voted in the negative were 
 
 Messrs. Arrington, Bower, Bonner, Barringer, Erittain, Birchett, Brod- 
 nax, Crudup, Cathey, Cansler, Chalmers, Chambers, Carson {Rutherford,) 
 Dockery, Dobson,El'liott, Edwards, Faison, Fisher.Franklin,Gaither, Graves, 
 Gaston (Craven,) Gilliam, Guinn, Grier, Gaines, Gray, Giles, Gudger, 
 Hogan, Hargtave, Hutcheson, Holmes, Jones (Wake,) Jones (fi dices,) 
 
32 JOURNAL OF THE CONVENTION. 
 
 Jervis, Joiner, King, Kelly, Lea, Lesueur, Maeon, McQueen, Morris, 
 McMillan, Melchor, McDiarmid, Morehead, Martin. Marsteller, MonU 
 gomery, Meares, Moore, Owen, Pearsall, Parker, Ruffin, Swain, Skinner, 
 Spaight (Craven,) Shipp, Smith (Orange,) Smith (Fancy,) Seawell, Sho- 
 ber, Tayloe, Toomer, Wliite, Williams (Franklin,) Williams (Person,) 
 Williams (Pitt,) Welch, Wellborn and Young. — 75 Nays. 
 
 So the Convention refused to strike out. Yeas 52, Nays 75. 
 
 Mr. Harrington moved to amend the article relating to the Sen- 
 ate, by striking out "jifty" and inserting "forty.** 
 
 Mr. Spaight of Craven, called for a division of the question. 
 
 And the question being on striking out, the Yeas and Nays were 
 required hy one-fifth of the members present, on the call of Mr.. 
 Spruill. 
 
 Those who voted in the affirmative were 
 
 Messrs. Bunting, Harrington, Wilson (Edgecomb,) Wilson (Perquim- 
 ons,) — 4 Yeas, 
 
 Those who voted in the negative were 
 
 Messrs. Andres, Averitt, Arrington, Adams, Bower, Bonner, Bar rin- 
 ger, Bryan, Baxter, Branch, Brittain, Biggs, Bailey, Birchett, Brodnax, 
 Bodtlie, Crudup, Cathey, Cox, Cansler, Cooper, Chalmers, Calvert,Cham- 
 beis, Carson (Rutherford,) Collins, Daniel, Dockery, Dobson, Elliott, Ed- 
 wards, Ferebee, Fisher, Faison, Franklin, Gatling, Gaither, Graves, Gas- 
 ton ( Craven,) Gaston (Hyde,) Gilliam, Guinn, Grier, Gaines, Gary, Gray, 
 Giles, Gudger, Hill, Hall, Hogan, Hargrave, Hussey, Hooker, Hodges, 
 Huggins, Howard, Huteheson, Halsey, Holmes, Jones (Wake,) Jones 
 (Wilkes,) Jervis, Joiner, Jacocks, King, Kelly, Lea, Lesueur, Macon, Mc- 
 Queen, Morris, McMillan, Melchor, McPherson, McDiarmid, Marchant, 
 Merebead, Martin, Marsteller, Montgomery, Meares, Moore, Norcom, 
 Outlaw, Owen, Powell (Columbus,) Powell (Robeson,) Pearsall, Parker, 
 Pipkin, Ruffin, Ramsay (Chatham,) Ramsay (Pasquotank, ) Rayner, Roul- 
 hac, Swain, Styron, Sawyer, Skinner, Spaight (Cravey,) Speight (Greene,) 
 Sugg, S tailings, Sbipp, Sanders, Smith (Orange,) Smith (Fancy,) Sea well,, 
 Sherard, Shober, Spruill, Tayloe, Troy, Toomer, White, Welch, Wil- 
 liams (Franklin,) Williams (Person,) Williams (Pitt,) Whitfield, Wellborn* 
 Wilder and Young — 124 Nays. 
 
 So the Convention refused to strike out. l r cas 4, Nays 124. 
 
 On motion of Mr. Gaston of Craven, the Article relating to the 
 House of Commons was amended by striking out the words ** at its 
 first session, after the year 1841, and every ten years thereafter,, 
 which," and inserting the words "at the respective times and peri- 
 ods when the districts for the Senate, are herein before directed to 
 be laid off, and the said" 
 
 And on the question shall the said Articles be engrossed for a third- 
 reading; it was decided in the affirmative. 
 On motion of Mr. Owen, 
 
 Ordered, That the said Articles be read a third time on Monday next. 
 
 On motion of Mr. Swain, 
 Ordered, That two hundred copies of the Articles be printed. 
 
' JOURNAL OP THE CONVENTION. 33 
 
 Mr. Spaight, of Craven, gave notice, that lie should, on to-mor- 
 row, move to amend the rules of order which govern the Convention. 
 On motion, the Convention adjourned. 
 
 SATURDAY, JUNE 20, 1835. 
 
 The Convention met pursuant to adjournment. Prayer by the 
 Rev. Mr. Jamieson. 
 
 On motion of Mr. Swain, 
 
 The Convention, according to the order of the day, resolved itself 
 into a Committee of the Whole, Mr. Wellborn in the Chair, on the 
 11th Resolution, proposing that a Committee be appointed to en- 
 quire whether any, and if any, what amendments be proper to pro- 
 vide for biennial instead of annual meetings of the General Assembly, 
 and jfor the biennial instead of tri-annual election of Secretary of 
 State. After some time spent therein, the President resumed the 
 Chair, and Mr. Wellborn reported that the Committee had, accord- 
 ing to order, had the said Resolution under consideration, and made 
 the following amendment thereto, to wit: To insert in lieu of the 
 said Resolution, after the word "Resolved," the following: 
 
 u That it is expedient to amend the Constitution so as to provide for 
 the biennial instead of annual sessions of the General Assembly, and for 
 the biennial instead of the tri-annual election of Secretary of State." 
 
 On motion, the Convention adjourned. 
 
 MONDAY, JUNE 22, 1835. 
 
 The Convention met, pursuant to adjournment. Prayer by the 
 Rev. Dr. McPheeters. 
 
 On motion of Mr. Speight of Greene, 
 Ordered, That the special order of the day be postponed until to-morrow 
 
 On motion of Mr. Spaight, of Craven, 
 Ordered, That the further consideration of the Report of the Committee 
 of the Whole on the I lth Resolution, be postponed until to-morrow. 
 
 On motion of Mr. Edwards, 
 The Convention, according to the order of the day, again resolved 
 itself into a Committee of the Whole, Mr. Dockcryin the Chair, on 
 the 6th Resolution proposing that a Committee be appointed to en- 
 quire whether any, and if any, what amendment should be made to 
 the Constitution, so as to make the capitation tax on slaves and free 
 Avhitc polls equal. And after some time spent therein, the President 
 
34 JOURNAL OF THE CONVENTION. 
 
 resumed the Chair, and Mr. Dockery reported that the Committee 
 had, according to order, again had the said Resolution under consi- 
 deration, and made the following amendment, to wit: To insert in 
 lieu thereof, after the word "Resolved," the following: 
 
 "That the individual capitation tax on slaves of either sex shall not ex- 
 tend to those under twelve, nor over fifty years of age; and shall not exeeed ; 
 the capitation tax on free white males not under twenty -one nor over forty- 
 five years of age.'* 
 
 Or- motion of Mr. Speight, of Greene, the Convention proceeded 
 to consider the said amendment; and on the question of agreeing 
 thereto, it was determined in the affirmative. 
 
 The Resolution was read as amended, and adopted. 
 
 On motion of Mr. Collins, 
 
 Ordered, That the said Resolution be referred to a Committee, with in- 
 structions to report an Article according thereto. 
 
 Messrs. Collins, Swain, Scawell, Williams, of Pitt, and Williams, 
 of Person, compose the Committee. 
 On motion of Mr. Shober, 
 
 The Convention, according to the order of the day, resolved itself 
 into a Committee of the Whole, Mr. Morehead in the Chair, on the 
 8tli Resolution, proposing that a Committee he appointed to enquire 
 "whether any, and if any, what amendments be proper to compel 
 members of the General Assembly to vote viva voce in the election 
 of officers. And after some time spent therein, the President re- 
 sumed the Chair, and Mr. Morehead reported that the Committee 
 had, according to order, had the said Resolution under consideration, 
 and made the following amendment thereto, to wit: After striking out 
 all after the word " Resolved,'' to insert in lieu thereof as follows: 
 
 "That it is expedient so to amend the Constitution as in all elections by 
 the General Assembly, the members shall vote viva voce." 
 
 On motion of Mr. Speight, of Greene, the Convention proceeded 
 to consider the amendment. 
 
 And on the question, shall the said amendment be adopted? it was 
 decided in the affirmative. Yeas 84, Nays 40. 
 
 The Yeas and Nays were required by one-fifth of the members pre- 
 sent, at the call of Mr. Speight, of Greene. 
 
 Those who voted in the affirmative were 
 
 Messrs. Averitt, Arlington, Bower, Bonner, Barringer, Baxter,. Branch, 
 Brittain, Biggs, Bunting, Birchett, Brodnax, Carson (Burke,) Cathey, 
 Cansler, Chalmers,, Calvert, Chambers, Daniel, Dobson, Edwards, Fere- 
 bee, Faison, Franklin, Gatling, Gaither, Gilliam, Guinn, Gary, Hall, Ho- 
 gan, Hargrave, Hussey, Hooker, Hodges, Huggins, Howard, Hutcheson, 
 Harrington, Holmes, Jones (Wake,) Jervis, Kelly, Macon, McQueen, 
 McMillan, Melchor, McPherson, McDiarmid, Marchant, Martin, Mont- 
 
JOURNAL OF THE CONVENTION. 35 
 
 tiers, Seawell, Smith (Yancy,) Tayloe, Wilson (Edgecomb,) Wilson (Per- 
 quimons, ) Welch, Williams (Franklin,) Williams (Person,) Williams (Pitt,) 
 Whitfield, Wellborn and Wilder— 84 Yeas. 
 
 Those who voted in the negative were 
 Messrs. Andres, Adams, Bryan, Bailey, Crudup, Cox, Cooper, Carson 
 (Rutherford,) Collins, Dockery, Elliot, Fisher, Graves, Gaston (Craven,) 
 Gaston (Iftjdc,) Grier, Gaines, Gray, Giles, Gitdgcr, Hill, Halsey, Joiner, 
 Jacocks, King, Lea, Morris, Morehead, Meares, Parker, Ramsay (Pas- 
 quotank,) Swain, Shipp, Smith (Orange,) Shober, Spruill, Troy, Toomer, 
 White and Young — 40 Nays. 
 
 The Resolution was adopted ; and on motion of Mr, Speight, of 
 Greene, 
 
 Ordered, That it be referred to a Committee to report an amendment to 
 the Constitution according thereto. 
 
 Messrs. Speight, of Greene, Wellborn, Wilder, Troy and Sawyer 
 compose the Committee. 
 
 On motion of Mr. Shober, 
 The Convention, according to the order of the day, resolved itself 
 into a Committee of the Whole, Mr. Morehead in the Chair, on the 
 Resolution proposing to enquire whether any, and if any, what 
 amendments be necessary in the mode of appointing and removing from 
 office Militia officers and Justices of the Peace. And after some time 
 spent therein, the President resumed the Chair, and Mr. Morehead 
 reported that the Committee had, according to order, had the said 
 Resolution ur.der consideration, and had made no amendment thereto. 
 
 The Resolution was read ; and on the motion that it be adopted, 
 it was determined in the affirmative. 
 
 Messrs. Hodges, Brittain, Biggs, Cathey and Cooper compose 
 the Committee raised by said Resolution. 
 On motion of Mr. Halsey, 
 
 Ordered, That the order of the day on the 9th Resolution, proposing that 
 a Committee be appointed to enquire whether any, and if any, what amend- 
 ments be proper to' be made to the 32d Article of the Constitution, be post- 
 poned and made the order of the day for Thursday next 
 
 On motion of Mr. Speight, of Greene, 
 The Convention, according to the order of the day, resolved itself 
 into a Committee of the Whole, Mr. Bower in the Chair, on the lOtJi 
 Resolution, proposing that a Committee be appointed to enquire whe- 
 ther any, and if any, what amendments be proper to be* made in the 
 Constitution for supplying vacancies in the General Assembly, oc- 
 curring belore the meeting of the General Assembly. And after 
 some time spent therein, the President resumed the Chair, and Mr. 
 Bower reported that the Committee had, according to order, had the 
 sakl Resolution under consideration, and had made no amendment 
 thereto. 
 
 The Resolution was then read and adopted. 
 
S<6 JOURNAL OF THE CONVENTION. 
 
 Messrs. Owen, Edwards, Fcrebec, Young and Franklin compose 
 the Committee raised by tlic said Resolution. 
 And on motion the Convention adjourned. 
 
 TUESDAY, JUNE 23, 1335. 
 
 The Convention met, pursuant to adjournment. Prayer by the 
 Rev. Mr. Jamieson, of the Methodist Episcopal Church. 
 
 Mr. Spaight of Craven, pursuant to previous notice, submittfd the 
 following additional Rules for the government of the Convention ; 
 which were read and adopted: 
 
 There shall be a Committee, consisting of seven members, whose 
 duty it shall be to superintend the engrossing and enrolling of all 
 amendments to the Constitution and Ordinances, and to correct all 
 errors and mistakes in them ; also arrange and classify all the 
 amendments to the Constitution, which may be referred to said 
 Committee, and present them in one body, for the fmal^action of the 
 Convention. 
 
 When an amendment to the Constitution shall have passed its se- 
 cond reading, and received its third reading, and been considered 
 on that reading, the question shall be on referring it to the Commit- 
 tee of seven, and ordering it to he engrossed ; but a motion to amend 
 shall take precedence of that question. 
 
 After the amendments to the Constitution and Ordinances shall 
 have passed their third and last reading, they shall be enrolled: the. 
 former on parchment, and presented for ratification* which shall he 
 done in Convention, by the signature of the President, and counter- 
 signed by the Secretaries. 
 
 Mr. Speight, of Greene, from the Committee to whom the sub ject 
 was referred, reported the following Article, which passed to its 
 second reading: 
 
 That in the election of all officers whose appointment is conferred 
 on the General Assembly by the Constitution, the vote shall be viva 
 voce. 
 
 Mr. Swain, from the Committee to whom was referred the Reso- 
 lution instructing them to enquire and report whether any, and if 
 any, what amendments are proper to be made to the Constitution as 
 to the exclusion, in whole or in part of Borough members from the 
 House of Commons, reported: 
 
 That in the opinion of the Committee, the right of representation 
 as heretofore exercised, should be continued to the towns of Eden- 
 ton, Fayettevillc, Newborn and Wilmington, and withheld from the 
 towns of Halifax, Hillsborough and Salisbury. They therefore re- 
 commend the adoption of the following amendment to the Article 
 
JOUIINAL OF Tim CONVENTION. 37 
 
 prescribing t!ic manner in which the House of Commons shall be 
 constituted, ami of the annexed Article in addition tlicreto: After 
 the word "Representatives" in the third line, insert "exclusive of 
 the town members hereinafter provided for." 
 
 Additional Article — That in addition to the one hundred and twen- 
 ty Representatives chosen, as hereinbefore prescribed, by the coun- 
 ties of this State, there shall be chosen one Representa- 
 tive in the House of Commons from each of the towns of Edenton, 
 Fayetteville, Newborn and Wilmington. 
 
 The engrossed Articles prescribing the manner in which the Se- 
 nate and House of Commons shall be constituted, were read the third 
 time- 
 Mr. Fisher moved to fill the blank in the first Article with the 
 •word " biennially.*' And the question being to agree thereto, it 
 was decided in the aifiriaative. Yeas 85, Nays 35. 
 
 The Yeas and Nays were required by one fifth of the members 
 present, on the call of Mr. Speight, of Greene. 
 
 Those who voted in the .affirmative were 
 
 Messrs. Andres, Arrlngton, Adams, Bower, Barringer, Bryni, Baxter, 
 Brittain, Biggs, Bunting, Brodnax. Crudup, Cathey, Cansle;-, Cooper, 
 Chalmers, Dockery, Dobson, Elliott, Ferebee, Fisher, Faison, Franklin, 
 "Gatling, Gaither. Graves, Gaston (Crave,n) Gaston (Hyde.) Guam, Gtier, 
 •Gaines, Gray, Giles, Gadger, Hill, Hogan, Hargravc, Hussey, Hodges, 
 ■Hug;gins, Hutcheson, Holmes, Jervis, Joiner, Jacocks, King, Ktlly, Lea-, 
 McQueen, Morris, McMillan, Melchor, McPhcrson, McDiarnul, Mar- 
 chant, Morehead, Martin, Montgomery, Meares, Moore, Norcom. Owen, 
 rearsall, Parker, Powell [Robeson,) Ramsay {Chatham,) Ramsay fPicsquo- 
 tank,) Swain, Styron, Skinner, Stallings,SIVipp, Sanders, Smith (Orangu) 
 Isiwith (Fancy,) Sbober, Spruill, Toomer, White, Welch, Wit-san (P'tr* 
 qirimons,) Williams (Person,) Williams (Pitt,) Wellborn and Young — 
 85 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Averitt, Bonner, Branch, Bailey, Birchett, Cox. Calvert, Cham- 
 bers, Carson (Putherford,) Collins, Daniel, Edwards, Gilliam, Gary, Hall, 
 Halsey, Jones (Wake,) Macon, Outlaw, Powell (Columbus.) Pipkin, Rutnn, 
 Rayner, Roulhac, Sawyer, Spaight (Craven.) Speight (Greene,) Suo-o-, Sea- 
 well, Tayloe, Troy, Wilson (Edgecomb,) Williams (Franklin,) Whitfield, 
 and Wilder — 35 Nays. 
 
 On motion of Mr. Fisher, the blank in the Article relating to the 
 House of Commons was also filled with the word "biennially." 
 
 Mr. Wilson, of Perquimons, moved to strike out the words "fifty" 
 alid "one hundred and tivcnty" and insert in their stead the numbers 
 "thirty four 9 ' and "ninety." 
 v Mr. Dockery called for a division of the question. 
 
 And the question being on striking out, the Yeas and Nays were 
 acquired by one fifth of the members present, on the call of Mr. Wil- 
 liams, of Frank! i-n, 
 
38 Journal of the convention. 
 
 Those who voted in the affirmative were 
 
 Messrs. Averitt, Baxter, Biggs, Bunting,Calvert Ferebee,Gatling, Haft* 
 Hussey, Huggins, Holmes, Jacocks, McPherson, Norcom, Powell (Colum- 
 bus) Powell (Robeson,) Pipkin, Rayner, Roulliac, Styron, Sawyer, Sugg, 
 Stallings, Sanders, Spruill, Wilson (Edgecomb,) Wilson (Perquimons,) — 
 26 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Andres, Arrington, Adams, Bower, Bonner, Barringer, Bryan, 
 Brittain, Bailey, Birchett, Brodnax, Crudlip, Cathey, Cox, Cansler, Coop- 
 er, Chalmers, Chambers, Carson (Rutherford^) Collins, Daniel, Dockery, 
 Dobson, Elliott, Edwards, Fisher, Faison, Franklin, Gaither, Graves, Gastoa 
 {Craven,) Gilliam, Guinn, Grier, Gaines, Gary. Gray, Giles, Gudger, Hill/ 
 Hogan , Hargrave, Hutcheson, Halsey, Jones (Wake,) Jervis, Joiner, King, 
 Kelly, Lea, Macon, McQueen, Morris, McMillan, Melchor, McDiarmid, 
 Marchant, Morehead, Martin, Montgomery, Meares, Moore,Outlaw, Owen, 
 Pearsall, Parker, Ruffin, Ramsay (Chatham,) Ramsay (Pasquotank,) 
 Swain, Skidner, Spaight (Craven,) Speight (Greene,) Shipp, Smith (Orange,) 
 Smith (Fancy,) Seawell, Shober, Tayloe, Troy, Toomer, White, Williams 
 (Franklin,) Williams (Person,) Williams (Pitt,) Welch, Whitfield, Well- 
 born, Wilder and Young — 92 Nays. 
 
 So tie Convention refused to strike out — Yeas 26, Nays 92. 
 
 Mr. Giiinn submitted the following amendment: Insert after the 
 3d sectiofi of the Article relating to the House of Commons the fol- 
 lowing: f i Until the year 1842, and after that time, the several frac- 
 tions may be disposed of at the discretion of the Legislature, at the 
 several periods of making the apportionments." 
 
 And on motion, the Convention adjourned. 
 
 WEDNESDAY, JUNE 24, 1835. 
 The Convention met pursuant to adjournment. Prayer by the 
 Rev. Dr. McPheeters, of the Presbyterian Church. 
 On motion of Mr Spaight, of Craven, 
 
 Ordered, That the additional Rules for the government of the Convention 
 be printed. 
 
 The Convention proceeded to the consideration bf the unfinished 
 business of yesterday; and Mr. Guiun having withdrawn the amend- 
 ment offered by him, Mr. Kelly submitted the following: Strike 
 out all after the words " shall be," in the 17th line of the 3d section, 
 and insert the words " elected among the several counties having 
 said excesses, according to their federal population, by districts ; 
 and in case, after such division into districts, there should remain 
 any excess, the same shall be assigned to the districts having the 
 largest fractions." 
 
 The question being had on this amendment, it was decided in the 
 negative— Yeas 57, Nays 83. 
 
JOURNAL OP THE CONVENTION. 39 
 
 The Yeas and Nays were required by one fifth of the members 
 present, on the call of Mr. Sanders. 
 
 Those who voted in the affirmative were 
 
 Messrs. Andres, Averitt, Arrington, Bryan, Baxter, Biggs, Cox, Coop- 
 :r, Chalmers, Ferebee, Catling, Guinn, Hussey, Huggins, Howard, Holmes, 
 fones (PVake,) Jacocks, Kelly, Macon, McPherson, McDiarmid, Norcom, 
 3v\en,Powell (Columbus,) Powell (Robeson,) Pipkin, Styron, Sawyer, Sugg, 
 fallings, Sanders, Seawell, Troy, Toomer, Wilson (Edgecomb,) Wilson 
 'Perquimons,) — 37 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Adams, Bower, Bonner, Barringer, Brittain, Bailey, Bunting, 
 Birchett, Brodnax, Boddie, Crudup, Cathey, Cansler, Calvert, Chambers, 
 Darson (Rutherford,) Collins, Daniel, Dockery, Dobson, Elliott, Ed- 
 wards, Fisher, Faison, Franklin, Gaither, Graves, Gaston (Craven,} Gaston 
 Hyde,) Gilliam, Grier, Gaines, Gary, Gray, Giles, Gudger, Hall, Hogan, 
 Sargrave, Hooker, Hodges, Hutcheson, Halsey, Jervis, Jones (ff'ilkes,) 
 Joiner, King, Lea, McQueen, Morris, McMillan, Melchor, Marchant, 
 Morehead, Martin, Montgomery, Meares, Moore, Outlaw, Peavsall, Par- 
 ser, Ruffin, Ramsay (Chatham,) Ramsay (Pasquotank,) Rayner, Swain, 
 Skinner, Sp&ight (Craven,) Speight (Greene^) Shipp, Smith (Orange,) 
 Smith (Fancy,) Shober,Spruill, Tayloe, White, Williams (Franklin,) Will- 
 iams (Person,) Williams (Pitt,) Welch» Wellborn, Wilder and Young — » 
 —83 Nays. 
 
 Mr. Guinn submitted the following amendment, which was re- 
 jected: Add to the 3d section ot the Article relating to the House of 
 Commons the words "Until the year 1842, and then the Legislature 
 may, at its discretion, dispose of the fractions, where no county's 
 fraction exceeds two-thirds of the requisite ratio, by districts or 
 itherwise." 
 
 Mr. Biggs moved to amend the same section by adding the follow-t 
 ing proviso: 
 
 Provided that no eounty shall have more than three Representa- 
 tives in the House of Commons ; and should any county or counties* 
 after being entitled to three Representatives, according to the re- 
 quisite ratio, have such large fractions as would entitle them to an- 
 other Representative, then such additional Representative or Rcpre-- 
 gentatives shall be assigned to the county or counties not entitled to 
 but one Representative by the ratio, but which may have the next 
 largest fractions to those counties which will be entitled to Repre-- 
 sentatives according to the above mode of apportionment. 
 
 The question being had on this amendment, it was determined in 
 the negative. 
 
 On motion of Mr. Hargravc, the first section of the same Article 
 was amended by striking out the words " by counties or districts, or 
 both," and inserting in lieu thereof •' to be elected from the several 
 counties of this State." 
 
 •Mr. Swain moved to adopt the amendments reported on yestcr-. 
 
40 JOURNAL 03? THE CONVENTION. 
 
 clay by the Committee to whom had been referred the subject of Bo- 
 rough Representation. 
 
 And on motion, the Convention adjourned- 
 
 THURSDAY, JUNE 25, 1335. 
 
 The Convention met pursuant to adjournment. Prayer by the 
 Rev. Mr. Jamieson, 
 
 Mr. Dockery submitted the following Resolution: 
 
 Resolved^ That during the remainder of the sesskm of this Convention,, 
 there shall be a recess each day from 1 o'clock, P. M. to 5 o'clock, P. M. 
 
 On motion of Mr. Speight, "of Greene, 
 The Convention proceeded to consider the said Resolution ; and! 
 Mi'. Shober moved to amend, by inserting after the word "Conven- 
 tion," the words " from and after Monday next." 
 
 On motion of Mr. Gaston, of Craven, 
 
 Ordered, That the Resolution do lie upon the table. 
 
 On motion of Mr. Collins, 
 
 Ordered, That the Committee of 26 be instructed to report a plan fop 
 districting the State for Senators, and apportioning the members in the t 
 House of Commons. 
 
 On motion of Mr. Fisher, 
 
 Ordered, That the Committee of the Whole be discharged from the con- 
 sideration of the 13th Resolution. 
 
 The Convention proceeded to consider the said Resolution, which 
 was adopted in the following words: 
 
 'Resolved, That a Committee be appointed to enquire whether any, and 
 * if any* what amendments may be proper, providing that the Attorney-Ge- 
 neral shall be elected for a term of years. 
 
 Messrs'. Harrington, Eoulhac, Joiner, Jones, of Wilkes, and An- 
 dres compose the Committee raised by said Resolution. 
 On motion of Mr. Fisher, 
 
 Ordered, That the Committee of the Whole be disaharged from the con-, 
 sideratiou of the 14th Resolution. 
 
 The said Resolution was read and adopted as follows: 
 
 Resolved* That a Committee be appointed to enquire and report whether' 
 any, and if any, what amendments should he made providing a tribunal 
 whereby Judges of the Supreme and Superior Courts, and other Officers! 
 of the State, may be impeached and tried for corruption and mal-practiccs| 
 in office. | 
 
JOURNAL OF THE CON VKXTIOST. 4i 
 
 Messrs. Morchead, Dockery, Mc-Pbcpsou, Guinu and Gary com* 
 iosc the Committee raised by the Resolution. 
 On motion of Mr. Fisher, 
 
 Ordered, That the Committee of the Whole be discharged from the con- 
 ideration of the 15th Resolution. 
 
 The said Resolution Mas then read and adopted, as follows: 
 
 Resolved, that a Committee be appointed to enquire and report whether 
 ny, and if any, what amendments should be made vacating the office of a 
 ustice of the Peace, and disqualifying him from holding such appointment 
 pon conviction of an infamous crime or of corruption and mal-practice in 
 ffice. 
 
 Messrs. Hill, Hall, Hargrave, Hussey and Hooker compose the 
 Committee. 
 
 On motion of Mr. Fisher, 
 
 Ordered, That the Committee of the whole be discharged from the con- 
 ideration of the loth Resolution. 
 
 The Convention proceeded to consider the said Resolution, and it 
 •'as adopted, as follows: 
 
 Resolved, That a Committee be appointed to enquire and report whether 
 ny, and if any, what amendments should be made providing for the remo- 
 al of any of the Judges of the Supreme or Superior Courts for mental or 
 hysical inability, upon a concurrent Resolution of two-thirds of both branch- 
 s of the Legislature. 
 
 Messrs. Toother, Hogan, Spaight, of Craven, Chalmers and Cal- 
 crt compose the Committee. 
 
 On motion of Mr. Fisher, 
 
 Ordered, That the Committee of the Whole be discharged from the con- 
 ideration of the following Resolution: 
 
 Resolved, That a Committee be appointed to enquire and report whether 
 ny, and if any, what amendments should be made providing that the sala- 
 ies of the Judges shall not be diminished during their continuance in office. 
 
 The Convention proceeded to consider the said Resolution ; and 
 11 the question that it be adopted, it was decided in the affirmative. 
 On motion of Mr. Gaston, of Craven, 
 
 Ordered, That said Resolution be referred to the same Committee to whom 
 \ referred the 16th Resolution. 
 
 On motion of Mr. Fisher, 
 Ordered, That the Committee of the Whole be discharged from the con- 
 ideration of the 18th Resolution. 
 
 The Convention proceeded to consider the Resolution, and it was 
 dopted, as follows: 
 
 Resolved, That a Committee be appointed to enquire and report whether 
 ny amendments ought to be made, and if so, what amendments are proper, 
 > provide against unnecessary private legislation. 
 
 6 > 
 
42 JOURNAL OF THE CONTENTIOM. 
 
 Messrs. Meares, Edwards, Cox, Cansler and Bunting compose 
 the Committee. 
 
 On motion of Mr. Collins, 
 
 Ordered* that the Committee of the whole be discharged from the consi- 
 ieration of the following Resolution : 
 
 Resolved, that a Committee be appointed to enquire and report whether 
 it be proper to make any amendment, and if so, what amendment, so as to 
 provide that no Judge of the Supreme Court shall be eligible to any office, 
 nor any Judge of the Superior Court to any other office than that of Judge 
 of the Supreme Court, while retaining his judicial appointment. 
 
 The Convention proceeded to consider the said Resolution ; and 
 the question being on its adoption, it was determined in the affirma- 
 tive. 
 
 On motion of Mr. Collins, 
 
 Ordered, That the said Resolution be referred to the same Committee tc 
 whom was referred the 16th Resolution. 
 
 Mr. Cooper moved that the Convention resolve itself into a Com- 
 mittee of the Whole, to take into consideration the 9th Resolution, 
 proposing that a Committee he appointed to enquire and report whe- 
 ther any, and if any, what amendments be proper to be made in the 
 32d Article of the Constitution, which was heretofore referred to it 
 and made the special order for this day. 
 
 Mr. Edwai'ds moved to postpone this order of the day until to- 
 morrow ; which motion having precedence, the question was taken 
 on the postponement and determined in the affirmative. 
 
 The Convention proceeded to consider the unfinished business o 
 yesterday, being the question, on the motion of Mr. Swain, to adop 
 the amendments reported by the Committee on Borough Represent 
 tation. 
 
 And, on the question of concurring with the report, it was decider 
 in the negative. Yeas 50 — Nays 73. 
 
 The Yeas and Nays were required by one fifth of the member | 
 present on the call of Mr. Biggs. 
 
 Those who voted in the affirmative, were 
 
 Messrs. Andres, Bower, Barringer, Bryan, Bailey, Bunting, Brodnaxj 
 Cox, Cansler, Chalmers, Carson (Rutherford,) Collins, Dockery, Dobson, 
 Fisher, Franklin, Gaston (Craven,) Gaston (Hyde,) Gray, Giles, Gudgei 
 Hill, Hooker, Jones (Wilkes,) Joiner, King, Kelly, McQueen, McDiarmid 
 Morehead, Martin, Meares, Moore, Outlaw, Owen, Powell (Robeson,^ 
 Roulhac, Swain, Skinner, Spaight {Craven,) Speight (Greene,) Shipp 
 Sanders, Shober, Troy, Toomer, White, Williams (Pitt.) Wellborn an 
 Young — 50 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Averitt, Arrington, Adams, Bonner, Baxter, Brittain, Biggi 
 Birchett, Boddie, Crudup, Cathey, Cooper, Calvert, Chambers, Danie! 
 Elliott, Edwards, Ferebee, Faison, Gatling, Gaither, Graves, Gillian 
 Guinn, Grier, Gaines, Gary, Hall, Hogan, Margrave, Hussey, Hodges 
 
JOURNAL OF THE CONVENTIOV. 43 
 
 Juggins, Howard, Hutclieson, Harrington, Halsey, Holmes, Jones {Wake,) 
 ;rvis, Jacocks, Lea, Macon* Morris, McMillan, Meichor, McPherson* 
 [archant, Marsteller, Montgomery, Norcom, Powell (Columbus.) Pearsall* 
 arker, Pipkin, Ruffin, Ramsay (Chatham,) Ramsay (.Pasquotank,) Styron, 
 iwyer, Sugg, Stallings, Smith (Orange,) Smith ( Fancy,) Seawell, Spruill, 
 ayloe, Wilson ( Edgccomb,) Wilson (Ferquimons,) Williams {Franklin,) 
 Williams (Person,) Welch and Wilder — 73 Nays. 
 
 Mr. Gaston, of Craven, submitted the following amendment : 
 " That in addition to the one hundred and twenty Representatives 
 josen, as hereinbefore prescribed, by the Counties of this State, 
 lere shall he biennially chosen one Representative in the House of 
 ommons, from each of the towns of Fayetteville, Ncwbern and Wil- 
 ington. 
 
 And on the question that the amendment be adopted, it was deci- 
 ?d in the negative. Yeas 47 — Nays 75. 
 
 The Yeas and Nays were required by one fifth of the members pro- 
 mt on the call of Mr. Marchant. 
 
 Those who voted in the affirmative, were 
 
 Messrs. Andres, Bower, Barringer, Bryan, Bailey, Bunting, Brodnax, 
 ox, Cansler, Chalmers, Carson [Rutherford,) Dockery, Uobson, Elliott, 
 isher, Franklin, Gaston (Craven,) Gaines, Gray, Giles, Gudger, Hill, 
 >nes (Wilkes,) Joiner, King, Kelly, McQueen, McMillan, Meichor, Mc- 
 iarmid, Morehead, Martin, Meares, Moore, Outlaw, Owen, Powell (Bo- 
 :son,) Skinner, Spaight (Craven,) Speight (Grtcne,) Sliipp, Shober, Troy, 
 oomer, White, Wellborn and Young — 47 Yeas. 
 
 Those who voted in the negative were 
 Messrs. Averitr, Arrington, Adams, Bonner, Baxter, Brittain, Biggs, 
 irchett, Boddie, Crudup, Cathey, Cooper, Calvert, Chambers, Collins, 
 aniel, Edwards, Ferebee, Faison, Gatling, Gaither, Graves, Gilliam, Gas- 
 n (Hyde,) Guinn, Grier, "Gary, Hall, Hogan, Hargrave, Hussey, Hooker, 
 odges, Huggins, Howard, Hutcheson, Harrington, Halsey, Holmes, Jones 
 Wake,) Jervis, Jacocks, Lea, Macon, Morris, McPherson, Marchant, 
 larsteller, Montgomery, Norcom, Powell (Columbus,} Pearsall, Parker, 
 ipkin, Ruffin, Ramsay (Chatham, ) Ramsay, (Pasquotank,) Ro\i\hac, Sty- 
 >n, Sawyer, Sugg, Stallings, Sanders, Smith (Orange,) Smith (Fancy,) 
 eawell, Spruill, Tayloe, Wilson (Edgecomb,) Wilson (Perquimons,) Wil- 
 ams (Franklin,) Williams (Person,) Wiliams (Pitt,) Welch, and Wilder 
 -75 Nays. 
 
 Messrs. Gaston, of Craven, Morehead, Daniel, Ruffin, Ramsay, 
 i Chatham, Ramsay, of Pasquotank, and Rayner were appointed 
 y the President to compose the Committee on Enrolments. 
 
 And on motion, the Convention adjourned. 
 
44 JOURNAL OF THE CONVENTION. 
 
 FRIDAY, JUNE 26, 1835. 
 The Convention met, pursuant to adjournment. Prayer by the 
 Rev. Dr. McPheeters. 
 
 On motion of Mr. Giles, 
 Ordered, That Mr. Barringer have leave of absence from the service 
 of the Convention during the remainder of the session. 
 
 Mr. Edwards moved that the Convention resolve itself into a 1 
 Committee of the Whole, according to the order of the day, on the 
 Resolution proposing that a Committee be appointed to enquire ?.ud 
 report whether any, and if any, what amendments be proper to be 
 made in the 32d Article of the Constitution. 
 
 The question having been stated, Mr. Smith, of Orange, moved 
 to lay the order of the day on the table. 
 
 A question of order arising on the motion of Mr. Smith, the Pre- 
 sident decided that it was in order. 
 
 From this decision of the Chair, Mr, Snaight, of Craven, ap- 
 pealed to the Convention, 
 
 And on the question, Is the decision of the President correct? it 
 was determined in the affirmative. 
 
 The question was then taken ; and the Convention refused to lay 
 the order of the day on the table — Yeas 49, Nays 72. 
 
 The Yeas and Nays were required by one-fifth of the members pre- 
 sent, at the call of Mr. Smith, of Orange. 
 
 Those who voted in the affirmative were 
 
 Messrs. Averitt, Adams, Biggs, Birchett, Boddie, Cathey, Cox, Coop- 
 er, Chalmers, Carson {Rutherford,) Dockery, Elliott, Franklin, Grier, 
 Gaines, Gudger, Hogan, Hussey, Hooker, Hutcheson, Jones {Wake,) Jer- 
 vis, Joiner, King, Lea, McQueen, Morris, Mekhor. Merehead, Martin, 
 Montgomery, Moore, Powell (Columbus,) Pearsall, Parker, Ramsay (Chat- 
 ham,) Styron, Sugg, Speight (Greene,) Smith (Orange,) Seawell. Sherard, 
 Shober, Spruill, Wilson (Edgecomb,) Welch, Woolen, Wilder and 
 Young — 49 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Arrington, Bower, Bonner, Bryan, Baxter, Branch, Brittain, 
 Bailey, Bunting, Brodnax, Crudup, Cansler, Calvert, Chambers, Collins, 
 Daniel, Dobson, Edwards, Ferebee, Fisher, Faison, Gatling, Gai> 
 ther, Graves, Gaston ( Craven,) Gaston (Hyde,) Gilliam, Guinn, Gary, 
 Gray, Giles, Hall, Hargrave, Hodges, Huggins, Howard, Harrington, 
 Holmes, Jones (IVilkes,) Jacocks, Kelly, Macon, McMillan, McPherson. 
 Marchant, Marsteller, Mearea, Norcom, Outlaw, Owen, Pipkin, Powel! 
 (Robeson,) Ruffin, Rayner, Ramsay (Pasquotank,) Rouihac, Swain, Saw. 
 yer, Skinner, Spaigh t (Craven,) Stallings, Sbipp, Sanders, Smith (Fancy, 
 Taybe, Troy, Toomer, White, Williams (Franklin,) Williams (Pitt,) 
 Wilson (Perqnimons,) and Wellborn — 72 Nays. 
 
 The question recurring on the motion of Mr. Edwards, it was <Ie 
 tcrmined in the affirmative. 
 
JOURNAL OF THE CONVENTION. 45 
 
 And the Convention resolved itself into a Committee of the Whole, 
 according to the order of the day, Mr. Fisher in the Chair, on the 
 9th Resolution proposing that a Committee he appointed to enquire 
 whether any, and if any, what amendments he propel' to he made 
 in the S2d Article of the Constitution. And after some time spent 
 therein, the President resumed the Chair, and Mr. Fisher reported 
 th.it the Committee had, according to order, had the said resolution 
 under consideration, hut not having gone through the same, had in- 
 structed him to ask for leave to sit again. 
 
 And on the question that the Committee of the Whole have leave 
 to sit again, it wa:-; determined in the affirmative. 
 
 And on motion, the Convention adjourned. 
 
 -elW&fr- 
 
 SATURDAY, JUNE £7, 1835. 
 
 The Convention met pursuant to adjournment. Prayer by tho 
 Rev. Mr. Jamieson. 
 
 On motion of Mr. Edwards, 
 
 The Convention, according to the Order of the day, again resolv- 
 ed itself into a Committee of the Whole, Mr. Fisher in the Chair, 
 on the 9th Resolution, proposing that a Committee he appointed to 
 enquire whether any, and if any, what amendments he proper to be 
 made in the 32d Article of the Constitution. And after some time 
 spent therein, the President resumed the Chair, and Mr. Fisher re- 
 ported that the Committee had. according to order, again had the 
 Raid Resolution under consideration, hut not having gone through tho 
 same, had instructed him to ask for leave to sit again. 
 
 And, on the question that the Committee of the whole have leave 
 to sis again, it was decided in the affirmative. 
 
 On motion, the Convention adjourned. 
 
 ~*W,9>- 
 
 MONDAY, JUNE 29, 1835. 
 
 The Convention met pursuant to adjournment. Prayer by the 
 Rev. Dr. McPheelers. of the Presbyterian Church. 
 
 On motion of Mr. Dockery, the Convention took up for consider- 
 ation the following Resolution : 
 
 Resolved, That during the remainder of the session of this Convention, 
 there shall be a recess each day from 1 o'clock, P. M. to 3 o'clock, P. M. 
 
 On motion of Mr. Shober, 
 
46 JOUHNAL OF THE CONVENTION. 
 
 Ordered, That the said Resolution lie on the table. 
 
 On motion of Mi*. Edwards, 
 The Convention, according to the order of the day, again resolved 
 itself mto a Committee of the whole, Mr. Fisher in the Chair, on to 
 9th Resolution, proposing that a Committee bo appointed to entire 
 whether any, and .1 any, what amendments be proper to be made n 
 he 32,1 Mic o of the Constitution; and after some time spent S 
 the President resumed the Chair, and Mr. Fisher reported, tha the 
 CommHtee had according to order, again had the said Rosolut on 
 
 gone through the same, had instructed him to ask leave to sit agaim 
 And, on the question that the Committee of the Whole have leave 
 to sit again, it was determined in the affirmative. 
 
 JlM^T?"* ^ ! h ? Committce to whom was referred the 
 1.4th Resolution, reported the following Article: 
 
 Sec. h That the Governor, Judges of the Supreme Court and Su 
 penor Courts, ami all other Officer's of this State, (except Justices 
 of the Peace and Militia Officers,) may he impeached fowilf, II v 
 
 Son S W1 ° f H"? ^^ -al-aJmnSa^n/; r S£ 
 n.pion. But judgment in cases of impeachment, shall not extend 
 fur her than to removal from Office, and disqualifica ion to hoh 
 and enjoy any office of honor, trust or profit, under tWs sTat • bit 
 the party convicted may neverthless be liable and sub ect to indie 
 ment, trial judgment and punishment according to Law 
 
 bee. 2. I hat the House of Commons shall have the sole power of 
 impeachment That the Senate shall have the sole power & try al 
 impeachments; and no person shall be convicted upon any m peach 
 
 eonvictlo J" SS^ 1 ? f^ ?™ ton P™^* slJllcS "5 ^k 
 Senate shall ££? t V™* °l™ ira I> ca ^ m <H «» members of the 
 Senate shall take an oath or affirmation, truly and impartially to 
 
 And upon ihe trial of an impeachment, the Chief-Justice of this 
 State shall preside, unless the Chief Justice be impeached, or from 
 nab.li y or other sufficient cause, to he adjudged of by the Senate 
 he shall be excused by the Senate from pretidh.g ; ti^Ythe Senate 
 may appoint some other person to preside. 
 
 The Article was read the first time ; and on motion of Mr. More- 
 head, ordered to be printed. 
 
 Mr. Harrington, f,-om the Committee to whom was referredthc 13th 
 
 years, i^ol'r'd ""* ^^ ^ be C,ected for * te "» »<' 
 
 bvSkinh^^y 40 ame ," d the l3th SCCtion of t,,e Constitution 
 (Z&&2L ,/» lft a CP i t,, f^ <1 ydmimlty" the words ««»d «« JN 
 
 !^' ' r^ % M1SCrt bctWeen tt,e wordS "*>%"and 
 follows *""*' S ° aS t0 makc ti,c 1Sth 8edi0 » ^ a* 
 
JOURNAL OF THE CONVENTION. 47 
 
 13th Section. That the General Assembly shall by joint ballot 
 of both Houses, appoint Judges of the Supreme Courts of Law and 
 Equity and Judges of Admiralty, who shall be commissioned by the 
 Governor, and hold their oiKces during good behavior. 
 
 •Additional Section. — That the General Assembly shall, by joint 
 ballot of both Houses, appoint from time to time, an Attorney Ge- 
 neral, who shall be commissioned by the Governor, and hold his of- 
 fice for a term of years, 
 
 The sections were read the first time, and on motion of Mr. Har- 
 rington, ordered to be printed. 
 
 Mr. Owen, from the Committee to whom was referred the 10th 
 Resolution, reported the following Article: 
 
 If vacancies shall occur by death, resignation or otherwise, be- 
 fore the meeting of the General Assembly, writs may be issued by 
 the Governor, under such regulations as may be prescribed by law. 
 
 The Article was read the first time, and on motion of Mr. Owen, 
 ordered to be priutcd. 
 
 And, on motion, the Convention adjourned. 
 
 TUESDAY,' JUNE 30, 1835. 
 
 The Convention met pursuant to adjournment. Prayer by the 
 Rev. Mr. Jamieson, of the Methodist Episcopal Church. 
 On motion of Mr. Edwards, 
 
 The Convention again resolved itself into a Committee of the 
 Whole, according to the order of the day, Mr. Fisher in the Chair, 
 on the 9th Resolution, proposing that a Committee be appointed to 
 enquire whether any, and if any, what amendments be proper to be 
 made in the 32d Article of the Constitution. And after some time 
 spent therein, the President resumed the Chair, and Mr. Fisher 
 reported that the Committee had, according to order, again had the 
 said Resolution under consideration, and made the following amend- 
 ment thereto: 
 
 Strikeout all after the word ' Resolved,' and insert in lieu thereof 
 " That the 32d section of the Constitution be so amended as to strike 
 out the word "Protestant" and instead thereof to insert the word 
 "Christian." 
 
 And on motion, the Convention adjourned. 
 
JOUKNAL OF THE COXVisN'TiO!*. 
 
 
 WEDNESDAY, JULY 1, 1335. 
 
 The Convention met pursuant to adjournment. Prayer by tho 
 Rev. Dr. McPheetcrs, of the Presbyterian Church. 
 
 Mr. Swain, from the Committee to Whom was referred the Reso- 
 lution instructing them to enquire what amendments arc necessary 
 to be made in the 5th and 7th Articles of the Constitution in relation 
 to the residence and qualifications of persons voting for Senators, 
 and of persons eligible to the Senate, reported the following Articles, 
 as proper to be incorporated into the amended Constitution: 
 
 That each member of the Senate shall have usually resided in the 
 District for which he is chosen, for one year, immediately preceding 
 his election, and for the same time shall have possessed, and con- 
 tinue to possess in the District which he represents, not less than 
 three hundred acres of land in fee. 
 
 That all free men of the age of twenty-one years, who have been 
 inhabitants of any one District within the State, twelve months im- 
 mediately preceding the day of any election, and possessed of a free- 
 hold,, within the same District, of fifty acres of land, for six months 
 next before, and at the day of election, shall be entitled to vote for a 
 member of the Senate. 
 
 The Articles were read the first time, and on motion of Mr. Ed- 
 wards, ordered to be printed. 
 
 Mi". Toomer, from the Committee to whom was referred the 16th, 
 17th and 1 9th Resolutions, reported tho following Articles: 
 
 1. That any Judge of the Supreme or Superior Courts may be re- 
 moved from office for mental or physical inability, upon a concur- 
 rent Resolution of two-thirds of both branches of the General As- 
 sembly. The Judge, against whom the Legislature may be about to 
 proceed, shall receive notice thereof, accompanied with a copy of 
 the causes alleged i'av his removal, at least twenty days before the 
 day on which either branch of the General Assembly shall act there- 
 on. 
 
 2. That the salaries of the Judges of the Supreme and Superior 
 Courts shall not be diminished during their continuance in office. 
 
 These Articles were read the first time, and on motion of Mr. 
 Toomer. ordered to be printed. 
 
 Mr. Toomer, from the same Committee, reported that it was un- 
 necessary to make any amendment, **so as to provide that no Judge 
 of the Supreme Court shall be eligible to any office, nor any Judge 
 of the Superior. Court to any other office than that of Judge of the Su- 
 preme Court, while retaining his Judicial appointment. 
 
 Mr. Hill, from the Committee to whom was referred the 
 13th Resolution, reported the following Article: 
 
 That upon the conviction of any Justice of the Peace of an infa* 
 mous crime, or of corruption and mal-praeticc in office, before the Su- 
 perior Court held in the county in which he resides, the Commission 
 
JOURNAL OF THE CONVENTION. 49 
 
 >f said Justice of the Peace shall he vacated and he shall be forever 
 lisqualified from holding such appointment. 
 
 The Article was read the first time, and on motion of Mr. Hill, 
 >rdered to be printed. 
 
 On motion of Mr. Edwards, 
 
 The Convention proceeded to consider the unfinished business of 
 yesterday, being the Report of the Committee of the Whole on the 
 )th Resolution. 
 
 And the amendment reported by the Committee of the Whole hav- 
 ng been read, Mr. Edwards moved to amend the amendment by 
 triking out all after the word "That," and inserting in lieu thcre- 
 >f as follows : "All men having a natural and unalienable right to 
 vorship Almighty God, according to the dictates of their own con-» 
 ciences, all religious tests as qualifications for office are incompati- 
 tle with the principles of free government." 
 
 The Yeas and Nays were required by one fifth of the members 
 tresent, on the call of Mr. Edwards. 
 
 Those who voted in the affirmative were 
 
 Messrs. Andres, Bonner, Bryan, Branch, Bunting, Carson (Burke,) Cal- 
 ert, Daniel, Edwards, Gaston (Craven,) G&ston(Hyde,) Hall, Hodges, 
 luggins, Howard, Harrington, Jacocks, Kelly, Macon, McPherson, Mar- 
 hant, Marsteller, Meares, Outlaw, Owen, Rayner, Roulhac, Swain, Saw- 
 er, Skinner, Speight (Craven,) Sanders, Tayloe, Troy, Williams (Frank- 
 In,) Wilson (Perquimons,) — 56 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Averitt, Arrington, Bower, Baxter, Brittain, Biggs, Birchett, 
 Jrodnax, Boddie, Crudup, Cathey, Cox, Cansler, Cooper, Chalmers, 
 Chambers, Dockery, Dobson, Elliott, Ferebee, Fisher, Faison, Franklin, 
 xatling, Gaither, Graves, Gilliam, Guinn,Grier, Gaines, Gary, Gray, Giles, 
 xudger, Hill, Hogan, Hargrave, Hussey, Hooker, Hutcheson, Halsey, 
 lolmes, Jones {Wake,) Jones (Wilkes,) Jervis, Joiner, King, Lea, Lesueur, 
 McQueen, Morris, McMillan, Melchor, McDiarmid, Morehead, Mar- 
 in, Montgomery, Moore, Norcom, Powell (Columbus,) Powell (Robeson,) 
 'earsall, Parker, Pipkin, Ruffin, Ramsay (Chatham,) Ramsay (Pasquotank,) 
 ityron, Sugg, Stallings, Speight (Greene,) Shipp, Sherard, Smith (Fancy,) 
 ihober, Spruill, Toomer, White, Wilson (Edgecomb,) Welch, Wooten, 
 Yilliams (Person,) Williams (Pitt,) Whitfield, Wellborn, Wilder and 
 foung — 87 Nays. 
 
 So the amendment to the amendment was rejected. Yeas S6 f 
 ?ays 87. 
 
 Mr. Jacocks moved to amend, by striking from the amendment 
 eported by the Committee of the Whole, all after the word "That," 
 nd inserting " it is proper to amend the 32d Article of the Consti- 
 ^ltion, so as to substitute in lieu thereof the following: JVb person 
 vho shall deny the being of God shall be capable of holding any office 
 r place of trust or profit in the civil department xvithi^ this State; 
 rovided, that the liberty of Conscience hereby secured* shall not be con- 
 trued to excuse acts of licentiousness, or justify s^udices inconsistent 
 vith the peace or safety of the State. 
 
50 JOURNAL OF THE CONVENTION. 
 
 The question being had thereon, it was decided in the negative — 
 Yeas 42, Nays 82. 
 
 The Yeas and Nays were required by one fifth of the members 
 present, on the call of Mr. Jacocks. 
 
 Those who voted in the affirmative were 
 
 Messrs. Andres, Averitt, Bonner, Bryan, Branch, Bunting, Birchett, 
 Carson (Burke,) Chalmers, Calvert, Daniel, Edwards, Gaston (Craven,) 
 Gaston (Hyde,) Gilliam, Hill, Hall, Hodges, Huggins, Howard, Harring- 
 ton, Holmes, Jacocks, Macon, McPherson, Marchant, Marsteller, Meares, 
 Outlaw, Owen, Powell (Robeson,) Rayner, Roulhac, Swain, Sawy*r, Skin- 
 ner, Spaightf Craven,,) Sanders, Tayloe, Troy, Williams (Franklin,) Wilson 
 (Perquimons,) — 42 Yeas. 
 
 Those who voted in the negative were 
 Messrs. Amngton,Bower,Baxter,Brittain,Biggs,Brodnax,Boddie,Crudup, 
 Cathev, Cox, Cansler, Cooper, Chambers,Dockery,Dobson, Elliot, Ferebee, 
 Fisher, Faison, Franklin, Gatling, Gaither, Graves, Guinn, Grier, Gaines, 
 Gary, Gray, Giles, Gudgcr, Hogan, Hargrave, Hussey, Hooker, Hutche- 
 son, Halsey, Jones (Wake,) Jones [Wilkes,) Jervis, Joiner, King, Kelly, 
 Lea, Lesueur, McQueen, Morris, McMillan, Melchor, McDiarmid, More- 
 head, Martin, Montgomery, Moore, Norcom, (Powell (Columbus,) "PeSiYsaW, 
 Parker.. Pipkin, Ruffin, Ramsay (Chatham,) Ramsay (Pasquotank,) Sty r on, 
 Sugg, Stallings, Speight ( Greene,) Shiny, Seawell, Sherard, Smith (Fancy,) 
 Shober, Spruill, Toomer, White, Wilson (Edgecomb,) Welch, Wooten, 
 Williams (Person,) Williams (Pitt,) Whitfield, Wellborn, Wilder and 
 Young — 82 Nays. 
 
 Mr. Holmes moved to amend the amendment by striking out all 
 after the word ''That," and inserting "it is proper to amend the 
 32d Article of the Constitution, so as to substitute in lieu thereof 
 the following: No person who shall deny the being of God, shall be 
 capable of holding any office or place of trust or profit in the civil de~ 
 parlment within this State. The exercise and enjoyment of every re- 
 ligious profession and worship, without discrimination, shall forever be 
 free to all persons in this State; Provided the right hereby declared 
 and established, shall not be so construed as to excuse or justify 
 practices incompatible with the freedom and safety of the State; and 
 provided further, that no preference shall ever be given by law to any 
 religious sect or mode of worship. 
 
 And the question being taken thereon, it was determined in the 
 negative — Yeas 46, Nays 78. 
 
 The Yeas and Nays were required by one-fifth of the members pre- 
 sent, on the call of Mr. Holmes. 
 
 Those who voted in the affirmative, were 
 
 Messrs. Andres, Averitt, Bonner, Bryan, Branch, Bunting, Birchett, 
 Carson {Burke,) Chalmers, Calvert, Daniel, Edwards, Ferebee, Faison, 
 Gaston {Craven,) Gaston [Hyde,) Gilliam, Hill, Hall, Hodges, Huggins, 
 Howard, Harrington, Holmes. Jacocks, Macon, McPherson, Marchant, 
 Marsteller, Meares, Outlaw, Owen, Pipkin, Powell (Robeson,) Rayner, 
 Ramsay (Pasquotank,) Roulhac, Swain, Sawyei\ Skinner, Spaight (Cra-> 
 venO Sanders, Tajrloe, Troy, Williams (Franklin,} Wilson (Perquimons^) 
 — 46 Yeas. 
 
JOURNAL OF THE CONVENTION. 51 
 
 Those who voted in the negative were 
 
 Messrs. Arrington, Bower, Baxter, Brittain, Biggs, Brodnax, Boddio, 
 Crudup, Cathey, Cox, Cansler, Cooper, Chambers, Dockery, Dobson, 
 Elliott, Fisher, Franklin, Gatling, Gaither, Graves, Guinn, Grier, 
 Gaines, Gary, Gray, Giles, Gudger, Hogan, Hargtave, Hussey, Hooker, 
 Hutcheson, Halsey, Jones (fVake,) Jones (Wilkes,) Jervis, Joiner, King, 
 Kelly, Lea, Lesueur, McQueen, Morris, McMillan, Melchor, McDiarmid, 
 Morehead, Martin, Montgomery, Moore, Norcom, Powell (Columbus,) 
 Pearsall, Parker, Ruffin, Ramsay Chatham, Styron , Sugg, S tailings, 
 Speight (Greene,) Shipp, Seawell, Sherard, Smith (J r anc\j,) Shober, Spruill, 
 Toomer, White, Wilson (Edgecomb,) Welch, Wooten, Williams (Person, J 
 Williams (Pitt,) AVhitfield, Wellborn, Wilder and Young— 78 Nays. 
 
 Mr. Daniel moved to amend the amendment by striking out all 
 after the word "That/' and inserting in lieu thereof the following: 
 " it is expedient to remove the disqualifications for office contained 
 in the 32d Article, from all who do not deny the being of a God and 
 an accuntability to him for the deeds done in the body." 
 
 Ami the question being taken thereon, it was decided in the ne- 
 gative — Yeas 46, Nays 80. 
 
 The Yeas and Nays were required by one-fifth of the members 
 present, on the call of Mr. Daniel. 
 
 Those who voted in the affirmative were 
 
 Messrs. Andres, Averitt, Bonner, Bryan, Branch, Bailey, Bunting, Bir- 
 chett, Carson (JSurkef) Chalmers, Calvert, Collins, Daniel, Edwards, Fere- 
 bee, Gaston (Craven,) Gaston (Hyde,) Gilliam, Hill, Hall, Hodges, Hug- 
 gins, Howard, Harrington, Holmes, Jacocks, Macon, McPherson, Mar- 
 chant, Marsteller, Meares, Outlaw, Owen, Pipkin, Powell (Hobeson,) Ray- 
 ner, Roulhac, Swain, Sawyer, Skinner, Spaight (Craven,) Sanders, Taylop, 
 Troy, Williams (Franklin,) and Wilson (Perquimons,) — 46 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Arrington, Bower, Baxter, Brittain, Biggs, Brodr-*' Boddie, 
 Crudup, Cathey, Cox, Cansler, Cooper, Chambers, Dockc ' *? GD son> El- 
 liott, Fisher, Faison, Franklin, Gatling, Gaither, Gra*VV (jUinn » Grier, 
 Gaines, Gary, Gray, Giles, Gudger, Hogan, Hargr'/' V us T se 7' Hooker, 
 Hutcheson, Halsey, Jones (Wake,) Jones (0m VJ ,, ,T' Join er, Ki»g, 
 Kelly, Lea, Lesueur, McQueen, Morris, Mr';™ 1 ' Melchor, McDiarmid, 
 Morehead, Martin, Montgomery, MookJ y p om » \d [ (Columbus,) 
 Pearsall, Parker, Ruffin, SimsaW \ ^ftJ^SBftf tt T° m W St ^ 
 ron, Sugg Stalling, Spei^^* ^^&»#^ 
 
 and Young — 80 k T iraf i * . J7 . 
 
 ivr„ n « 1 S fo amend fhe amendment by adding thereto 
 
 «* ,' " tke :; U V h " wopds » or vhoshnll hold ^XI JftSttJ 
 " W&mh with the freedom and safety of the State" l m nti V les 
 
 P&P^ fak6n **"* * WaS dedded ^ *■ ^ 
 The Yeas and Nays were required by one fifth of the member* 
 •resent, on the call of Mr. Ramsay, of Pasquotank. 
 
. 
 
 52 JOURNAL OF THE CONVENTION. 
 
 Those who voted in the affirmative were 
 
 Messrs. Bonner, Bryan, Branch, Bailey, Bunting, Birchett, Carso 
 {Burke,) Calvert, Collins, Daniel, Edwards, Ferebee,Gaston(Crawj,) Gas- 
 ton (Hyde,) Gilliam, Hill, Hall, Hodges, Huggins, Howard, Harrington, 
 Holmes, Jacocks, Macon, McPherson, Marchant, Marsteller, Meares,Out- 
 law, Rayner, Roulhac, Swain, Sawyer, Skinner, Spaight {Craven,} Sanders, 
 Tayloe, Troy, Wilson (Perquimons,) — 39 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Andres, Averitt, Arrington, Bower, Baxter, Brittain, Biggs r 
 Brodnax, Boddie, Cruclup, Cathey, Cox, Cansler, Cooper, Chalmers, 
 Chambers, Dockery, Dobson, Elliott, Fisher, Faison, Franklin, Gatling, 
 Gaither, Graves, Guinn, Grier, Gaines, Gary, Gray, Giles, Gudger, Hogan, 
 Hargrave, Hussey, Hooker, Hutcheson, Halsey, Jones (Wake,) Jones 
 (Wilkes,) Jervis, Joiner, King, Kelly, Lea, Lesueur, McQueen, Morris* 
 McMillan, Melchor, McDiarmid, Morehead, Martin, Montgomery, Moore, 
 Norcom, Owen, Powell (Columbus) Powell (Robeson) Pearsall,Parker,Pipkin, 
 Ruffin, Ramsay (Chatham, ) Ramsay (Pasquotank,) Styron, Sugg, Stallings, 
 Speight (Greene,) Shipp, Seavell, Sherard, Smith (Fancy,) Shober, Spruill, 
 Toomer, "White, Welch, Wilson (Edgecomb,) Williams (Franklin,) Wil- 
 liams (Person,) Williams (Pitt,) Wooten, Whitfield, Wellborn, Wilder 
 and Young — 87 Nays. 
 
 The question then recurred on the amendment reported from the 
 Committee of the Whole, and was decided in the affirmative — Yeas 
 74— Nays 51. 
 
 The Yeas and Nays were required by one-fifth of the members 
 present on the call of Mr. Carson, of Burke. 
 
 Those who voted in the affirmative, were 
 
 Messrs. Andres, Bonner, Bryan, Baxter, Brittain, Biggs Bailey, Bun- 
 tu j fc Birchett, Brodnax, Carson (Burke,) Crudup, Cansler, Cathey, Chal- 
 mers, ^ a lvert, Collins, Daniel, Dobson, Elliott, Edwards, Ferebee, Fisher, 
 Franklin, Gy lther> Gaston (Craven,) Gaston (Hyde,) Gilliam, Guinn, 
 Gaines, Gary^.„ ajj Giles, Gudger, Hill, Hall, Hodges, Huggins, Harrington, 
 Jervis, Jones C^-'W) Jacocks, King, Kelly, Lesueur, Macon, McMillan, 
 McPherson, M ar <^+ Martin, Marsteller, Meares, Outlaw, Pipkin, Pow- 
 ell (Robeson,) Kuffliu l*^. Ramgav (Pasauotankm Roulhac. Swain. Saw. 
 
 Young— 74 Yeas. 
 
 Those who voted in the negative ^ 
 Messrs. Averitt, Arrington, Bower, Bran. 
 Chambers, Dockery, Faison, Gatling, Graves, boddie, Cox, Cooper, 
 Hussey, Hooker, Hutcheson, Halsey, Holmes, Jones Slogan, Hargrave, 
 McQueen, Morris, Melchor, McDiarmid, Morehead, MontgUoiner, Lea, 
 Norcom, Owen, Powell (Columbus,) Pearsall, Parker, Ramsay r- Moore, 
 Stywn?S«gg. Stalling*, Speight (Greene) Seawell, Sherard, **»,) 
 Spruill, Toomer, Wilson (Edgecomb,) Wilson (Perquimons,) Wool* 
 WnUams {Person,) Whitfield and Wilder— 51 Nays. 
 The Resolution, as amended, was read and adopted. 
 
JOURNAL OF THE CONVENTION. 53 
 
 On motion of Mr. Fisher, 
 
 Ordered, That said Resolution be referred to a Committee, with instruc- 
 tions to report an amendment according thereto. 
 
 Messrs. Carson, of Burke, Elliott, Chambers, Averitt and Bax- 
 ter compose the Committee. 
 
 Mr. Swain, from the Committee to whom the subject had been 
 referred, made the following Report: 
 
 The Committee who were instructed by the Convention to arrange 
 the Senatorial Districts, and apportion the members of the House of 
 Commons, in this State, respectfully report the accompanying Scheme, 
 as proper to be incorporated in the Ordinance to be prepared for the 
 purpose of carrying the amended Constitution into effect. 
 
 The Sub-Committee, to whom was referred so much of the first 
 Resolution, reported by the Committee of Thirteen, as refers to the 
 formation of the Senatorial Districts, and the apportionment of Mem- 
 bers of the House of Commons, have had the same under considera- 
 tion, and agreed to the following Report: which is respectfully sub- 
 mitted. 
 
 JOSIAH COLLINS, Jun. 
 
 Chairman of Sub- Commit lee. 
 
 The average amount of taxation for Five years, throughout the State, is 
 S 71,706 — which divided by 50 (the number of Senators,) gives $1 4I54-, 
 as the Ratio of Representation in the Senate. 
 
 The 1st District is composed of 
 
 Perquimons paying $ 819 average tax for 5 years. 
 Pasquotank, 3051 
 
 1870 
 Ratio, 1434 
 
 436 Excess 
 2nd District, Camden, 596 
 
 Currituck, 515 
 
 1547 -j 
 Ratio, 1434 
 
 113 Excess carried to Tyrrell. 
 3d District, Gates, 794 
 
 Chowan, 946 
 
 1740 
 Ratio, 1434 
 
 306 Excess carried to Wash. 
 
 4th Do, Washington, 561 
 
 Tyrrell, 443 
 
 Excess from Currituck, 113 
 
 1433 
 
 Ratio, 1434 
 
 11 Deficient. 
 
54 
 
 JOURNAL OF THE CONVENTION. 
 
 5th District. Northampton, 1939 
 
 Ratio, 1434 
 
 6th Do. 
 
 7th Do. 
 
 8th Do. 
 
 9th Do. 
 
 Hertford, 
 
 Bertie, 
 
 Martin, 
 
 505 Excess. 
 1031 
 
 1536 
 Ratio, 1434 
 
 102 Excess lost, 
 
 1631 
 Ratio, 1434 
 
 197 Excess. 
 842 
 
 Excess from Halifax, 395 
 
 Halifax, 
 
 1434 
 Ratio, 1434 
 
 2177 
 Ratio, 1434 
 
 10th Do. 
 
 11th Do. 
 
 
 743 Excess. 
 
 395 carried to Marti n. 
 
 Nash, 
 
 Excess from Wake, 
 
 Ratio, 
 
 348 
 906 
 180 
 
 1434 
 1434 
 
 Wake, 
 
 Ratio. 
 
 2477 
 1434 
 
 1043 Excess 
 180 Carried to Nash. 
 
 12th Do. Franklin, 
 
 863 
 1121 
 
 1984 
 Ratio, 1434 
 
 13th Do. 
 
 Johnston, 
 
 
 550 Excess. 
 983 
 
 
 Ratio, 
 
 
 1533 
 1434 
 99 Ex. Wake to Chatham 
 
 14th Do^ 
 
 Warren, 
 
 Ratio, 
 
 1494 
 1434 
 
 60 Excess lost. 
 
 15th Do. 
 16th Do. 
 
 Edgecomb, 
 W*yne, 
 
 Ratio, 
 
 1964 
 1434 
 
 530 Excess 
 1018 
 
 1548 
 
JOURNAL OP THE CONVENTION, 55 
 
 Brought over, 1548 
 
 Ratio, 1434 
 
 114 Excess.' 
 17th Do. Greene, 681 
 
 Lenoir, 690 
 
 1485 
 Ratio, 1434 
 
 51 Excess. 
 1 8th Do. Pitt, 1240 
 
 Ex. fr. Beaufort & Hyde, 143 
 
 19th Do. 
 
 Beaufort, 
 Hyde, 
 
 Ratio, 
 Ratio, 
 
 1434 
 
 1434 
 
 1190 
 469 
 
 
 1659 
 1434 
 
 
 225 Excess? 
 
 143 carried to Pitt. 
 
 82 Excess, 
 20th D». Carteret, 435 
 
 Jones, 589 
 
 Excess from Craven, 259 
 
 1365 
 Ratio, 1434 
 
 69 Deficient 
 
 21st Do. Craven, 1693 
 
 Ratio, 1434 
 
 259 Ex. ear. to Jones & Car. 
 
 22nd Do. Chatham, 1418 
 
 Excess of Wake 99 
 
 1517 
 Ratio, 1434 
 
 83 Excess carried to Moore 
 
 23d Do. Granville, 1985 
 
 Ratio, 1434 
 
 551 Excess carried to Person 
 
 24th Do. Person, 937 
 
 Excess from Granville, 551 
 
 1488 
 Ratio, 1434 
 
 54 Excess lost. 
 
JOURNAL OF THE CONVENTION. 
 
 25th District, Cumberland, 2348 
 
 Ratio, 1434 
 
 914 Excess. 
 
 400 Carried to Moore, 
 
 26th Do. 514 
 
 Sampson, 920 
 
 1434 
 Ratio, 1434 
 
 27th Do. 
 
 28th Do. 
 
 29fh*Do. 
 
 SOtb Do, 
 
 New Hanover, 
 
 Ratio, 
 
 2714 
 1434 
 
 Duplin 
 
 1280 Excess. 
 891 
 
 Ratio, 
 
 2171 
 
 1434 
 
 Onslow, 
 
 737 Excess 
 
 647 
 
 Ratio 
 
 1384 
 1434 
 
 
 50 Deficient. 
 
 Brunswick, 
 
 Bladen, 
 
 Columbus, 
 
 523 
 697 
 360 
 
 Ratio, 
 
 1585 
 1434 
 
 Robeson, 
 
 Richmond, 
 
 151 Excess 
 
 626 
 
 856 
 
 31st Do, 
 
 1633 
 Ratio, 1434 
 
 199 Eyccss- 
 32nd District, Anson. 1064 
 
 Excess from Meck'bg, 506 
 
 1769 
 Ratio, 1434 
 
 335 Excess. 
 33d District, Cabarrus, 786 
 
 do. from Montgomery 769 
 
 1883 
 Ratio, 1434 
 
 34th District, 449 Excess, 
 
 Moore, 502 
 
 Excess from Chatham 63 
 
 Do from Cumberland 400 
 
 1414 
 
JOURNAL OP THE CONVENTION. 
 
 5T 
 
 Brought over, 
 Ratio, 
 
 1414 
 
 1434 
 
 20 Deficient 
 
 35th District, Caswell, 
 Ratio, 
 
 8 1399 
 
 1434 
 
 
 35 Deficient 
 
 36th District, Rockingham, 
 Excess from Orange, 
 
 1218 
 216 
 
 Ratio, 
 
 37th District, Orange, 
 Ratio, 
 
 1434 
 1434 
 
 $ 2425 
 1434 
 
 991 Excess 
 
 216 Carried to Rockingham. 
 
 38th District, Randolph, 
 
 775 
 929 
 
 Ratio, 
 
 $ 1704 
 1434 
 
 39th District, Guilford, 
 Ratio, 
 
 40th District, Stokes, 
 
 270 Excess lost. 
 
 $ 1526 
 1434 
 
 92 Excess 
 $ 1231 
 
 Ratio, 
 
 1323 
 1434 
 
 111 Deficient, 
 
 41st District, Rowan, 
 Ratio, 
 
 $ 1820 
 1434 
 
 42nd District, Davidson, 
 Ratio, 
 
 386 Excess. 
 
 $ 997 
 
 1383 
 1434 
 
 
 51 Deficient. 
 
 43d District, Surry, $ 1067 
 Ratio, 1434 
 
 367 Deficient 
 
 44th District, Wilkes, $ 644 
 
 Ashe, 400 
 
 Excess from Burke & Yancy, 149 
 
 119; 
 
58 
 
 JOURNAL OF THE CONVENTION. 
 
 Brought over, 
 Ratio, 
 
 1193 
 1434 
 
 241 Deficient 
 
 45th District, Burka, $ 1324 
 
 Part of Yancy, ■== to 4th of Buncombe, 259 
 
 Ratio, 
 
 
 1583 
 1434 
 
 4'6th District, Lincoln, 
 Ratio, 
 
 $ 
 
 149 Excess carried to Wilkes 
 and Ashe. 
 
 2045 
 1434 
 
 47th District, Iredell, 
 
 $ 
 
 611 Excess 
 1126 
 
 Ratio, 
 
 1737 
 1434 
 
 
 303 Excess lost* 
 
 48th District Rutherford 
 Ratio 
 
 1.4th 
 
 1479 
 1434 
 
 
 45 Excess lost. 
 
 49th District, Buncombe less 
 Haywood, 
 Macon, 
 
 780 
 303 
 352 
 
 Ratio, 
 
 
 1435 
 
 1434 
 
 1 Excess lost 
 
 50th District, Mecklenburg, 
 Ratio, 
 
 $ 
 
 1940 
 1434 
 
 
 506 Excess car'd. to Anson. 
 
 Districts having 
 
 Excesses that are lost. 
 
 Buncombe, Haywood and ] 
 
 Rutherford, 
 
 Warren, 
 
 Hertford, 
 
 Iredell, 
 
 Randolph; 
 
 Person, 
 
 Macon, 
 il Exc< 
 
 $ 1 Excess. 
 45 
 
 60 
 
 102 
 
 303 
 
 270 
 
 54 
 
 TotJ 
 
 :sses, 835 
 
 Districts having deficiencies not made up by Taxation, from 
 adjoining Counties. 
 
 Washington and Tyrrell, $ 11 Deficient 
 
 Carteret and Jones, 69 
 
 Onslow, 50 
 
 Moore, 20 
 
 Stokes, 111 
 
 Davidson, 51 
 
 Surry, 367 
 
JOURNAL OF THE CONVENTION." 59 
 
 Caswell. 35 
 
 Wilkes and Ashe, 241 
 
 Total Deficients. g55 
 
 Total Excesses, 35 
 
 Deficiency lost in the whole State by rejecting fractio06 120. 
 
 HOUSE OF COMMONS. 
 
 The House of Commons to be apportioned as follows, viz: — 
 The following counties, deficient in the first Ratio, or the 120th 
 |iart, entitled to one Member each: — 
 
 Counties. Fed. Pop. 
 
 Brunswick 5273 
 
 Columbus 3709 
 
 Chowan 5189 
 
 Greene 5264 
 
 Haywood 4461 
 
 Jones 4378 
 
 Macon 5149 
 
 Tyrrell 4175 
 
 Washington 3867 
 
 41,465 Fed.Populat. 
 Aggregate of Federal Population in the State 640,821 
 Deduct Fed. Pop. of nine counties not having 
 
 120th part of the entire population - 41,465 
 
 599,356 
 129 members, less nine, leaves 111 members to . 
 
 be apportioned. 
 599,356 divided by 111 gives 5399 as the ratio for 1 member. 
 
 2 
 
 1 0,798 Pop. for 2 members. 
 
 5,399 
 
 16,197 Pop. for 3 members. 
 32 Counties, having more than the ratio, but less than twice the 
 amount, entitled to one member: 
 
 Ashe 
 
 1 Member 
 
 1391 
 
 Fraction 
 
 Beaufort 
 
 do 
 
 3904 
 
 do 
 
 Rladen 
 
 do 
 
 1163. 
 
 do 
 
 Bertie 
 
 do 
 
 4144 
 
 do 
 
 Camden 
 
 do 
 
 524 
 
 do 
 
 Currituck 
 
 do 
 
 1380 
 
 do 
 
 Carteret 
 
 do 
 
 560 
 
 do 
 
 Cabarrus 
 
 do 
 
 2507 
 
 do 
 
 Duplin 
 
 do 
 
 4118 
 
 do 
 
 Franklin 
 
 do 
 
 3282 
 
 do 
 
 Gates 
 
 do 
 
 2007 
 
 do 
 
 Hertford 
 
 do 
 
 1654 
 
 do 
 
 Hyde 
 
 do 
 
 7 
 
 do 
 
 Johnston 
 
 do 
 
 4083 
 
 do 
 
 Lenoir 
 
 do 
 
 756 
 
 do 
 
 Moore 
 
 do 
 
 1676 
 
 do 
 
 Montgomery 
 
 do 
 
 4602 
 
 do 
 
JOURNAL OF THE CONVENTION. 
 
 Martin 
 
 do 
 
 1828 
 
 do 
 
 N. Hanover 
 
 do 
 
 3313 
 
 do 
 
 Nash 
 
 do 
 
 1608 
 
 do 
 
 Northampton 
 
 do 
 
 5095 
 
 do 
 
 Onslow 
 
 do 
 
 1157 
 
 do 
 
 Person 
 
 do 
 
 2S55 
 
 do 
 
 Pasquotank 
 
 do 
 
 2193 
 
 do 
 
 Pttt 
 
 do 
 
 4548 
 
 do 
 
 Perquimons 
 
 do 
 
 920 
 
 do 
 
 Robeson 
 
 do 
 
 3034 
 
 do 
 
 Richmond 
 
 do 
 
 2592 
 
 do 
 
 Sampson 
 
 do 
 
 4681 
 
 do 
 
 Warren 
 
 do 
 
 3547 
 
 do 
 
 \Va)'ne 
 
 do 
 
 3525 
 
 do 
 
 Yancy 
 
 do 
 
 2613 
 
 do 
 
 17 Counties, having twice the Ratio, and an excess, entitled 
 
 to 
 
 two Members. 
 
 
 Anson 
 
 2 Members 
 
 1385 Fraction 
 
 Buncombe 
 
 do 
 
 913 
 
 do 
 
 Burke 
 
 do 
 
 1530 
 
 do 
 
 Cumberland 
 
 do 
 
 2013 
 
 do 
 
 Chatham 
 
 do 
 
 2584 
 
 do 
 
 Craven 
 
 do 
 
 484 
 
 do 
 
 Caswell 
 
 do 
 
 1813 
 
 do 
 
 Davidson 
 
 do 
 
 1323 
 
 do 
 
 Edgecomb 
 
 do 
 
 1307 
 
 do 
 
 Granville 
 
 do 
 
 4390 
 
 do 
 
 Halifax 
 
 do 
 
 3025 
 
 do 
 
 Iredell 
 
 do 
 
 2647 
 
 do 
 
 Randolph 
 
 do 
 
 1023 
 
 do 
 
 Rockingham 
 
 do 
 
 413 
 
 do 
 
 Surry 
 
 do 
 
 £923 
 
 do 
 
 Stokes 
 
 do 
 
 4261 
 
 do 
 
 Wilkes 
 
 do 
 
 57 o 
 
 do 
 
 7 Counties, having more 
 
 than three times the Ratio, entitled to 
 
 three Members. 
 
 
 
 Guilford 
 
 3 Members 
 
 1502 Fraction. 
 
 Lincoln 
 
 do 
 
 4505 
 
 do 
 
 Mecklenburg 
 
 do 
 
 1017 
 
 do 
 
 Orange ' 
 
 do 
 
 4761 
 
 do 
 
 Rowan 
 
 do 
 
 2113 
 
 do 
 
 Rutherford 
 
 do 
 
 4 
 
 do 
 
 Wake 
 
 do 
 
 957 
 
 do 
 
 24 Counties entitled to 1 Member each 
 
 on accoi 
 
 mt of Fractions. 
 
 Beaufort 
 
 having a Fraction of 
 
 3904 
 
 Bertie 
 
 do 
 
 do 
 
 4144 
 
 Yancy 
 
 do 
 
 do 
 
 2613 
 
 Duplin 
 
 do 
 
 do 
 
 4118 
 
 Franklin 
 
 do 
 
 do 
 
 3282 
 
 Johnston 
 
 do 
 
 do 
 
 4083 
 
 N, Hanover 
 
 do 
 
 do 
 
 3313 
 
 Pitt 
 
 do 
 
 do 
 
 4548 
 
 Robeson 
 
 do 
 
 do 
 
 3034 
 
 Sampson 
 
 do 
 
 do 
 
 4681 
 
 Warren 
 
 do 
 
 do 
 
 3567 
 
 Wayne 
 
 do 
 
 do 
 
 3525 
 
 Montgomery 
 
 do 
 
 do 
 
 4602 
 
 Northampton 
 
 do 
 
 do 
 
 5095 
 
 Granville 
 
 do 
 
 do 
 
 4890 
 
 Halifax 
 
 do 
 
 do 
 
 3025 
 
 Stokes 
 
 do 
 
 do 
 
 4267 
 
JOURNAL OF THE CONVEVTION. 61 
 
 Lincoln 
 
 do 
 
 do 
 
 4205 
 
 Orange 
 
 do 
 
 do 
 
 4761 
 
 Person 
 
 do 
 
 do 
 
 2855 
 
 Richmond 
 
 do 
 
 do 
 
 2592 
 
 Chatham 
 
 do 
 
 do 
 
 2584 
 
 Iredell 
 
 do 
 
 do 
 
 2647 
 
 Surry do do 2928 
 
 RECAPITULATION. 
 9 Counties, not having 120th part, entitled 
 
 to 1 Member each; 9 Members. 
 
 32 Counties, having more than the Ratio, but 
 not twice that amount, entitled to 1 Mem- 
 ber each, 32 Members. 
 17 Counties, having more than twice the Ratio 
 but not three times that amount, entitled 
 to 2 Members each, 34 Memberg 
 7 Counties, having more than three timc9 the 
 Ratio, but not four times that amount, en- 
 titled to three Members each, 21 Members 
 24 Counties, entitled byjFractior.s, to 1 Mem- 
 
 ber each, 24 Members 
 
 120 Whole Number. 
 On motion of Mr. Collins, 
 Ordered, That the Report be referred to a Committee of the Whole, 
 and made the special order of the clay for to-morrow, and that it be printed. 
 
 And, on motion, the Convention adjourned. 
 
 THURSDAY, JULY 2, 1835. 
 
 The Convention met pursuant to adjournment. Prayer by the 
 Rev. Mr. Closs, of the Methodist Episcopal Church. 
 
 Mr. Hodges, from the Committee to whom was referred the 7th 
 Resolution, reported that it is inexpedient to change the present 
 mode of appointing and removing from office Militia Officers. 
 
 Mr. Hodges, from the same Committee, reported the following 
 Article: 
 
 That a competent number of Justices of the Peace for eacli Cap- 
 tain's District in the several Counties of this State, not exceeding four 
 in the distinct wherein the Court-house for the county is situated, and not 
 exceeding 3 in any other District, shall in future be recommended to the 
 Governor for the time being, by the respective County Courts, a ma- 
 jority of the Justices being present, and the Governor shall commis- 
 sion them accordingly. They may be removed from office by con- 
 viction on indictment in the Superior Court for mal-practice in of- 
 fice, or for any felonious or infamous crime, or by the Governor on 
 the address of two-thirds of each branch of the General Assembly. 
 
62 JOURNAL OF THE CONVENTION. 
 
 The Article was read the first time, and, on motion of Mr. Ed-ij 
 wards, ordered to be printed. 
 
 Mr. Gaither, from the Committee, to whom was referred the 5thi 
 Resolution, reported the following Article : 
 
 That no person who holds any office or place of trust or profit un-j 
 der the United States, or either of them, or under any foreign pow-j 
 er, shall hold or exercise any office or place of trust or profit under] 
 this State :■ — And, that no person shall be eligible to a seat in the* 
 Legislature, whilst he holds any office or place of trust or profit', 
 under this State, (any appointment in the Militia, and Justice oil 
 the peace, excepted,) the United States or either of them, or under) 
 any foreign power. 
 
 The Article was read the first time, and on motion of Mr. Bryan,!, 
 ordered to be printed. 
 
 Mr. Branch from the Committee to whom was referred sal 
 much of the Act as directs a mode to be prescribed for the ratifica-) 
 tion of such amendments as may be recommended by the Conven-3 
 tion ; also, so much thereof, as directs necessary ordinances and re-j 
 gulations to be prescribed for the purpose of giving operation anil) 
 effect to the Constitution as altered and amended ; and also so much} 
 thereof as directs that the Convention shall provide in what manner 
 amendments shall, in future, be made to the said Constitution, re-l 
 ported in part : 
 
 That whenever a majority of the whole number of each House of 
 the General Assembly shall deem it necessary to alter or amend this 
 Constitution, they may propose such alterations or amendments toj 
 the people, and the Governor shall, by Proclamation, lay the same 
 before the people six months before the ensuing election for Members] 
 of the General Assembly ; and if the two Houses of the General As-j 
 scmbly thus elected, shall approve, as in the the first instance, of the 
 amendments proposed, the same shall be submitted to the people for'! 
 their ratification or rejection, and if ratified by a majority, shall be- 
 come a part of the Constitution. 
 
 On motion of Mr. Branch, 
 
 Ordered, That the said Report be referred to a Committee of the Whole 
 Convention, and made the order of the day for Monday week, and that it) 
 be printed. 
 
 On motion of Mr. Wilson, of Perquimons, 
 
 Ordered, That the special order of the day be postponed until, to-mor-j 
 row. 
 
 On motion of Mr. Wilson, of Perquimons, 
 
 The Convention resolved itself into a Committee of the Whole, 
 Mi*. Spaight of Craven in the Chair, on the 12th Resolution, proposl 
 ing that a Committee be appointed to enquire whether any, and if| 
 any what amendments be proper to provide for the election of Gov- 
 ernor by the qualified voters for the members of the House of Coi 
 mons, and prescribing the term for which he may be elected .; an( 
 
JOURNAL OF THE CONVENTION. 6& 
 
 the. number of terms during which he shall be eligible. And, after 
 some time spent therein, the President resumed the Chair, and Mr. 
 Spaight reported, that the Committeee had, according to order, had 
 the said Resolution tinder consideration, and made the following 
 amendment thereto: — Strike out all after tha word "Resolved," and 
 insert in lieu thereof — "That the Governor shall be chosen by the 
 qualified voters for the members of the House of Commons, at such 
 times and places as members of the General Assembly are elected. 
 He shall hold his office for the term of two years from the time of his 
 installation, and until another shall be elected and qualified; but he 
 shall not be elcgible more than four years in any term of sixycars."' 
 
 On motion of Mr. Giles, the Convention proceeded to consider 
 the Report. 
 
 And on the question of agreeing to the amendment, it was deter- 
 mined in the affirmative — Teas 74, Nays 44. 
 
 The Yeas and Nays were required by one-fifth of the members 
 present, on the call of Mr. Wilson, of Perquimons. 
 
 Those who voted in the affirmative, were 
 
 Messrs. Andres, Arrington, Bower, Bonner, Baxter, Brittain, Biggs, 
 Birchett, Carson {Burke, ) Csithey, Cox,Cansler, Cooper, Chalmers, Cham- 
 bers, Dobson, Elliott, Fisher, Faison, Franklin, Gaither, Graves, Gilliam, 
 Guinn, Grier, Gaines, Giles, Gudger, Hill, Hall, Hogan, Hargrave, Hook- 
 er, Huggins, Harrington, Holmes, Jones {TVake,) 3 ervis, Kelly, Lea, Mc- 
 Queen,Morris,McMillan,Melchor,McDiarmid,Morehead, Martin, Mars- 
 teller, Montgomery, Moore, Owen, Powell (Columbus.) Powell {Robeson) 
 Parker, RuSin, Ramsay (Chatham,) Styron, Spaight (Craven.) Speight 
 (Greene,) Stallings, Shipp, Sanders, Sherard, Smith (Yancy,) Shoher, 
 White, Wilson {Edgecomb,) Wilson {Perquimons,) Williams (Franklin,) 
 Williams (Person,) Wooten, Whitfield, Wellborn and Wilder — 74 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Averitt, Bryan, Branch, Bailey, Bunting, Brodnax, Boddie, 
 Crudup, Calvert, Collins, Daniel, Edwards, Ferebee, Gatling, Gaston 
 (Craven,) Gaston {Hyde.) Gary, Gray, Hussey, Hodges, Howard, Halsey, 
 Jones (Wilkes,) Joiner, King, Macon, McPherson, Marchant, Norcom, 
 Outlaw, Pipkin, Rayner, Ramsay (Pasquotank,) Sawyer, Skinner, Sea well, 
 Sugg, Spruill, Tayloe,Troy,Toomer, Welclr, Williams (Pitt,) and Young 
 —-44 Nays. 
 
 The Resolution was read and adopted, and on motion of Mr. Giles, 
 referred to a Committee, with instructions to bring in the necessary 
 amendment. 
 
 Messrs. Pipkin, White, Bonner, Faison and Lea compose the 
 Committee. 
 
 The Convention proceeded to consider the Report of the Com- 
 mittee of the "Whole on the 11th Resolution, reported on the 20th 
 ultimo. 
 
 The amendment reported from the Committee was agreed to, and 
 the Resolution adopted. 
 
 On motion of Mr. Giles, 
 
 Ordered, That said Resolution be referred to the same Committee to 
 whom is referred the 12th Resolution. 
 
64 JOURNAL OF THE CONVENTION. 
 
 Mr. Bryan submitted the following Resolution: 
 
 Whereas, the observance of the Anniversary of our Independence 
 is the duty of every patriot and good citizen, and tends to keep alive 
 the remembrance of our Revolutionary struggle, and thereby has a 
 tendency to remind us of the value of our liberties, and to preserve 
 the stability and permanency of our Institutions: 
 
 Be it Resolved* That when this Convention adjourns on Friday next, it 
 be adjourned to meet on the following Monday. 
 
 On motion, the Convention adjourned. 
 
 FRIDAY, JULY 3, 1855. 
 
 The Convention met pursuant to adjournment. Prayer by ths 
 Rev. Dr. McPheeters, of the Presbyterian Church. 
 
 Mr. Branch, from the Committee to whom was referred so 
 much of the Act as directs a mode to be prescribed for the ratifica- 
 tion of such amendments as may be recommended by the Conven- 
 tion, reported 
 
 That they recommend the amendments adopted by this Conven- 
 tion to be submitted to the people on the second Monday in Novem- 
 ber next, and that the polls be kept open for three successive days 
 at the several election places in each and every county. Thattlie 
 Sheriffs of the respective counties, (with the aid of inspectors to be 
 appointed by the Courts of the counties immediately preceding the 
 election,") be required to compare and certify the results of the elec- 
 tion, on the Thursday or Friday immediately succeeding, and trans- 
 mit the same to the Governor of the State within ten days thereaf- 
 ter. That it shall be the duty of the Governor to examine and 
 make proclamation of the result, to the people, and if it shall appear 
 that a majority of the whole number of votes given in are in favor 
 of the ratification of the Amendments, that the same shall be in- 
 corporated in, and become a part of the Constitution of the State, 
 
 The Report was read the first time ; and on motion of Mr. 
 Branch, ordered to be printed. 
 
 Mr. Collins, from the Committee to whom was referred the Gth 
 Resolution, directing that the individual capitation tax shall be 
 equal throughout the State; with instructions to draw up an Ar- 
 ticle to he incorporated in the amended Constitution; reported the 
 following Article: 
 
 Sec. 1. Capitation tax shall be equal throughout the State, up- 
 on all individuals subject to the same. 
 
 Sec 2. All free Males, over the age of twenty-one years, and un- 
 der that of forty-five, and all slaves over the .age of twelve years, 
 
JOURNAL OF TH8 CONVENTION. G5 
 
 and under that of fifty, shall be subject to capitation tax, and no 
 Other persons shall be subject to such tax. 
 
 This Article was read the first time, and on motion of Mr. Col- 
 lins, ordered to be printed. 
 
 On motion of Mr. Outlaw, 
 
 The Convention took up for consideration the Resolution submit- 
 ted yesterday by Mr. Bryan. 
 On motion of Mr. Bower, 
 
 Ordered, That the Resolution do lie on the table. 
 On motion of Mr. Biggs, 
 
 Ordered, That the Committee to whom was referred the Resolution di- 
 recting them to draft amendments to the Constitution, providing for bien- 
 nial instead of annnal meetings of the General Assembly, and for the bien- 
 nial instead of triennial election of Secretary of State, be also instructed to 
 report amendments to the Constitution, providing for the biennial instead 
 of annual election of the Treasurer and Comptroller of the State and Coun- 
 cillors of State. 
 
 On motion of Mr. Collins, 
 
 The Convention resolved itself info a Committee of the Whole, 
 Mr. Shober in the Chair, on the Report of the Committee of twenty- 
 six, upon the subject of arranging the Senatorial Districts and ap- 
 portioning the members of the House of Commons among the seve- 
 ral counties in this State. After some time spent therein, the Pre- 
 sident resumed the Chair, and Mr. Shober reported that the Com- 
 mittee had, according to order, had the said Report under considera- 
 tion, and made the following amendments thereto: 1st. To give to 
 Burke, instead of Yancy, the member in the House of Commons, on 
 account of the largest fraction ; and 2d. To strike out Montgomery 
 from the 33d District and attach it to the 34th District. 
 
 The Convention proceeded to consider the amendments, and they 
 were severally read and adopted. 
 
 Mr. Sawyer moved to amend the Report as follows: "That the 
 excess of federal population in the counties of Currituck, Camden, 
 Pasquotank, Perquimons and Gates, be retained in said counties, 
 and that they constitute a district to elect one member in the Housei 
 of Commons." 
 
 And, on the question of agreeing with the amendment, it was de- 
 termined in the negative. Yeas 29 — Nays 74. 
 
 The Yeas and Nays were required by one fifth of the members 
 present, on the call of Mr. Jacocks. 
 
 Those who voted in the affirmative were 
 
 Messrs. Averitt, Arrington, Baxter, Bailey, Cooper, Chalmers, Calvert, 
 Catling, Gary, Hussey, Halsey, Holmes, Jones (ff'ilkes,) Jacocks, Kelly, 
 Macon, McPherson, Norcom, Pipkin, Ramsay (Pasqtiotank,) Roulhac, 
 Sawyer, Sugg, Stallings, Seawelk Spruill, Wilson ^Edgecomb,) Wilson 
 (Perquimons,) and Wooten — 29 Yeas. 
 
 Those who voted in the negative were 
 
B6 JOURNAL OP THE CONVENTION. 
 
 Messrs. Bower, Branch, Brittain, Biggs, Birchett, Brodnax, Boddie* 
 Crudup, Cathey, Cox, Cansler, Chambers, Carson (Rulherford,)Co\Yms, 
 •Daniel, Dockery, ©obson, Elliott, Edwards, Fisher, Faison, Franklin, 
 Gaitlr&r, Graves, Gaston {Craven,) Gaston (Hyde,) Gilliam, Guinn, Grier, 
 Gaines, Gray, Giles, Gudger, Hogan, Hargrave, Hodges, Jones (Wake,) 
 Jervis, Joiner, Lea, LeSueur, McQueen, Morris, McMillan, McDiarmid, 
 Marchant, Morehead, Martin, Marsteller, Montgomery, Moore, Outlaw, 
 Owen, Parker, Powell (Robeson,) Rubin, Ramsay (Chatham,) Swain, Skin- 
 ner, Spaight (Craven,) Shipp, Sanders, Sherard, Smith (Fancy,) Shober, 
 Toomer, Williams (Franklin,) Williams (Person,) Williams (Pitt,) Welch, 
 Whitfield, Wellborn, Wilder andYoung — 74 Nays. 
 
 Mr. Kelly submitted life following amendment to the Report; 
 which was rejected: 
 
 "That the excess of federal population in the counties of Moore, 
 Cumberland and Montgomery be retained in the counties, and that 
 they constitute a district to elect a member in the House of Com- 
 mons." 
 
 On the question, Will the Convention concur in the Report as 
 amended? it was determined in the affirmative. 
 On motion of Mr. Giles, 
 
 Ordered, That the Report be referred to a Committee, with instructions 
 to draft and report an Article in conformity with the same. 
 
 Messrs. Collins, Spaight, of Craven, Speight, of Greene, Crudup, 
 and Fisher compose the committee. 
 On motion of Mr. Spruill, 
 
 The Convention took up for consideration the following Resolu- 
 tion: 
 
 Resolved, That during the remainder of the session of this Convention, 
 there shall be a recess each day from 1 o'clock, P. M. to 3 o'clock, P. M. 
 
 The Resolution was amended by adding the words "from and af- 
 ter Saturday next," and adopted, 
 
 Mr. Collins moved that when the Convention adjourn this day, 
 it adjourn to meet on Monday next. 
 
 And on the question of agreeing to the motion, it was determined in I 
 the negative — Yeas 55, Nays 79. 
 
 The Yeas and Nays were required by one fifth of the members 
 present, on the call of Mr. Bower. 
 
 Those who voted in the affirmative were 
 
 Messr^. Andres, Biggs, Bailey, Bunting, Calvert, Collins, 'Gaston (Cra- 
 ven,) Gascon (Hyde,) Gilliam, Hogan, Hargrave, Hussey, Howard, Holmes, 
 Jacocks, McQueen, Meares, Norcom, Outlaw, Owen, Pipkin, Powell (Robe- 
 son,) Rayner, Roulhac, Sawyer, Seawell, Troy, Toomer, Wilson (Edge- 
 comb,) Wilson (Perquimons,) Wooten, Whitfield and Wilder — S3 Yeas. 
 
 Thade who voted in the negative were 
 
 Messrs. Averitt, Arrington, Bower, Bonner, Baxter, Branch, Brittain, 
 Birchett, Brodnax, Boddie, Crudup, Cathey, Cox, Cansler, Cooper, Chal- 
 mers, Chambers, Daniel, Dockery, Dobson, Elliot, Edwards, Fisher, Faison, 
 Franklin, Gatling, Gaither, Graves, Guinn, Grier, Gaines, Gary, Gray, 
 
JOURNAL OF THE CONVENTION. 67 
 
 Siles, Gudgcr, Hall, Hodges, Huggins, Halsey, Jervis, Jones (Wake,) 
 rones {Wilkes,) Joiner, Kelly, Lea, Lesueur, Macon, Morris, McMillan, 
 McPherson, McDiarmid, Marchant,Morehead, Martin, xMarsteller, Mont- 
 gomery, Moore, Parker, Ruffin, Ramsay (Chatham,): Ramsay (Pasquotank,) 
 •Skinner, Spaightf Craven, ) Sugg, Stallings, Shipp, Sanders, Sherard, Smith 
 'Yancy,) Shober, Spruill, Tayloe, White, Williams (Franklin,) Williams 
 'Person,) Williams (Pitt,) Welch, Wellborn and Young— 79 Nays. 
 On motion, the Convention adjourned. 
 
 SATURDAY, JULY 4, 1835. 
 
 The Convention met pursuant to adjournment Prayer by the 
 Rev. Mr. Gloss.. 
 
 Mr. Mearcs, from the Committee to whom was referred the 18th 
 Resolution, reported the following Articles : 
 
 Art. 1. All laws relating to the administration of justice, shall be 
 uniform throughout the State. 
 
 Art. 2. The General Assembly s&all have power to pass general 
 laws, regulating divorce and alimony ; but shall not have power to 
 grant a divorce or secure alimony in any individual case. 
 
 Art. 3. The General Assembly shall not have power to pass any 
 private law, to alter the name of any person, or to legitimate any 
 bastard, or to restoro to the rights of Citizenship any person con- 
 victed of an infamous crime. 
 
 Art. 4. Whenever a Bill of a private nature shall be introduced 
 into either House of the General Assembly, it shall not be passed up- 
 on, until a tax of $10 has been paid by the person introducing the 
 same to the Clerk of the House, to be by him accounted for, and paid 
 over to the Treasurer of the State. 
 
 These Articles were read the first time, and, on motion of Mr. 
 Meares, ordered to be printed. 
 
 Mr. Carson, of Burke, from the Committee to whom the subject 
 was referred with instructions, reported the following Article : 
 
 That no person who shall deny the being of God, or the truth of 
 the Christian Religion, or the divine authority of the Old or New 
 Testament, or who shall hold Religious principles incompatible with 
 the freedom or safety of the State, shall be capable of holding any 
 office or place of trust or profit in the Civil department within this 
 State. 
 
 On motion of Mr. Gaston, of Craven, 
 
 Ordered, That Mr. Cox have leave of absence from the service of the 
 Convention, from and after Monday next, for the remainder of the session. 
 
68 JOURNAL OF THE CONVENTION. 
 
 Mr. Collins moved that the Convention adjourn. The question 
 ■was determined in the negative — Yeas 29, Nays 75. 
 
 The Yeas and Nays were required by one-fifth of the members 
 present, on the call of Mr. Cooper. 
 
 Those who voted in the affirmative were 
 
 Messrs. Biggs, Carson (Burke,) Collins, Gaston (Craven,) Hogan, Har- 
 grave, Hussey, Hodges, Howard, Halsey, Jacocks, King, McQueen, M cares 
 Norcom, Outlaw, Owen, Pipkin, Powell (/fo&cso>i,)Rayncr, Roulhar-, Swain 
 Seawell, Tayloe, Toomer, Wilson (Edgecomb,) Williams (Pitt,) Whit- 
 field, and Wilder,— 29 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Averitt, Arrington, Bower, Bonner, Baxter, Bunting, Bh'cheta 
 Boddie, Cathey, Cox, Cansler, Cooper, Chalmers, Carson, (Rutherford) 
 Daniel, Bobson, Elliott, Edwards, Fisher, Faison, Franklin, Catling, Gai- 
 ther. Graves, Guinn, Grier, Gaines, Gary, Gray, Giles, Gudger, Hall, 
 Hooker, Huggins, Holmes, Jones ((fake,) Jones (Wilkes.) Jervis, Joiner, 
 Kelly, Lea, Lesueur, Macon, Morris, McMillan, Melchor, McPherson, 
 McDiarmid, Marchant, Morehead, Martin, Marsteller, Moore, Powell (Co-] 
 lumbus,) Parker, Ruffin, Ramsay (Chatham,) Ramsay (Pasquotank,) Skin-i 
 ner, Spaight (Craven,) Sugg. Stal/ings, Shipp, Sanders, Sherard, Smith, 
 (Fancy,) Shober, White, Williams (Franklin,) Williams (Person,) Welch, 
 Wooten, Wilson (Perquimans.) Wellborn, and Young — 75 Nays. 
 
 On motion of Mr. Shober, 
 
 Resolved, that a select Committee be appointed to enquire and report the 
 best mode of circulating the proceedings of the Convention among the. peo-j 
 pie of the State. 
 
 Messrs. Daniel, Swain, Tayloe, Wooten and Welch compose the 
 Committee. 
 
 Mr. Collins moved that the Convention adjourn. The question 
 was determined in the negative — Yeas S3, Nays 74. 
 
 The Yeas and Nays were required by one-fifth of the members 
 present on the call of Mr. Collins. 
 
 Those who voted in the affirmative, were 
 
 Messrs. Brodnax, Carson {Burke,) CoHins,F:sher, Gaston (Craven.) Giles, ( 
 Hogan, Hargrave, Howard, Halsey, Jones (Jl'ilkes,) Jacocks, King, Mc-j 
 Queen, Meares, Norcom, Outlaw, Owen, Pipkin, Powell (Robeson,) Ray- 
 ner, Roulhac, Swain, Seawell, Shober, Tayloe, Toomer, Wilson (Edge- 
 combi) Wilson (Ferquimons,) Wooten, Williams (Pitt,) Whitfield and 
 Wilder— S3 Yeas. 
 
 ti Those who voted in the negative were 
 
 Messrs. Averitt, Arrington, Bower, Bonner, Baxter, Branch, Brittain, 
 Biggs, Bunting, Birthiztt, Boddie, Cathey, Cox, Cansler, Cooper, Chal- 
 mers, Calvert, Chambers, Carson (Rulhcrjord,) Daniel, Dobson, Elliott* 
 Edwards, Faison, Gatling, partner, Graves, Gilliam, Guinn, Grier, Gaines, 
 Gary, Gray, Gudger, Hall, Hooker, Huggins, Holmes, Jones (Wake,) JeH 
 vis, Joiner, Kelly, Lea, Lesueur, Macon, Morris, McMillan, Melchor, 
 McPherson, McDiarmid, Marchant, Morehead, Martin, Marsteller, Mont- 
 
JOURNAL OF THE CONVENTION". 69 
 
 £omery, Moore, Powell {Columbus,) Parker, Ruffin, Ramsay ( Chatham,) 
 Ramsay (PaaifWiahk,) Sty von, Skinner, Spaight {Craven,) Sugg, Stallings, 
 Shipp, Sanders, Smith (Fancy.) White, Williams {Franklin,) Williams 
 (Person,) Welch, Wellborn and Young— 74 Nays. 
 
 On motion of Mr. Branch, the Convention took up for its second 
 reading the Article declaring that the members of the Legislating 
 shall vote viva voce in the election of Oilicers. 
 
 On motion, the Convention adjourned. 
 
 MONDAY, JULY 6, 18 35. 
 
 The Convention met, pursuant to adjournment. Prayer by the 
 Rev. Dr. McPheeters. 
 
 On motion of Mr. Williams, of Franklin, 
 
 The Convention resolved itself into a Committee of the Whole, 
 Mr. Swain in the Chair, upon the special order of the day, being 
 the Report of the select Committee, as to what manner amendments 
 shall in future be made to the Constitution. After some time spent 
 therein, the President resumed the Chair, and Mr. Swain reported 
 that the Committee had, according to order, had the said Report un- 
 der consideration, and made the following amendment thereto:— 
 Strike out all after the word «< That," and insert as follows: "No 
 part of this Constitution shall be altered, unless a bill to alter the 
 same shall have been read three times in each House of the General 
 Assembly and agreed to by three-fifths of the whole number of mem- 
 bers of each House respectively: Nop shall any alteration take 
 place until the said bill so agreed to, be published six months pre- 
 vious to a new election of members to the General Assembly; and 
 if the alteration proposed by the General Assembly shall be agreed 
 to in the first session thereafter, by two-thirds of the whole Repre- 
 sentation in each House of the General Assembly, after the same 
 shall have been read three times on three several days, in each 
 House; then the said General Assembly shall establish rules and 
 regulations whereby said amendments may be submitted to the con- 
 sideration of the qualified voters for the House of Commons through- 
 out the State: And if, upon comparing the votes given in the whole 
 State, it shall appear that a majority thereof have approved said 
 amendments, then, and not otherwise, the same shall become a part 
 of the Constitution." 
 
 On motion of Mr. Mearcs, the Convention proceeded to consider 
 the Report. 
 
 Mr Hargravc moved to amend the Report by striking out the 
 words "two thirds," and inserting in lieu thereof, " three JftHs." 
 
70 JOURNAL OF THE CONTENTION. 
 
 Mr. Williams, of Franklin, called for a division of the question : 
 And on the question of striking out, it was decided in the negative, 
 Yeas 24, Nays 99. 
 
 The Yeas and Nays were required by one fifth of the members, 
 present, on the call of Mr. Hargrave. 
 
 Those who voted in the affirmative were 
 
 Messrs. Bower, Birchett, Dockery, Dobson, Elliott, Fisher, Franklin, , 
 Gaither, Grier, Gaines, Giles, Hargrave, Hutcheson, Harrington, Jervis, 
 McQueen, Morris, McMillan, Montgomery, Moore, Parker, Shipp, Shober, • 
 and Wellborn — 24 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Andres, Averitt, Arrington, Bonner, Baxter, Branch, Brit* 
 tain, Biggs, Bailey, Bunting, Brodnax, Boddie, Cathey, Cox, Cansler, ] 
 Cooper, Chalmers, Calvert, Chambers, Carson (Rutherford,) Collins, Da- 
 niel, Edwards, Ferebee, Faison, Gatling, Graves, Gaston [Craven,) Gaston 
 (Hyde,) Gilliam, Guinn, Gary, Gray, Gudger, Hill, Hall, Hogan, Hussey, 
 Hooker, Hodges, Huggins, Howard, Halsey, Holmes, Jones {Wake,) Jones 
 (Wilkes,) Joiner, Jacocks, King, Kelly, Lea, Lesueur, Macon, Melchor, \ 
 McPherson, McDiarmid, Marchant, Morehead, Martin, Marsteller, Meares, 
 Norcom, Outlaw, Owen, Powell {Columbus) Powell {Robeson) Pearsall, Pip- 
 kin, Ruffin, Ray tier, Ramsay {Pasquotank,) Roulhac, Swain, Styron, Saw- 
 yer, Skinner, Spaight {Craven,) Speight [Greene,) Sugg, Stallings, Sanders, 
 Seawell, Sherard, Smith {Yancy,) Spruill, Tayloe, Troy, TOomer, White, 
 i Wilson (Edgecomb,) Wilson (Perquimans, Welch, Wooten, Whitfield,. 
 Williams (Franklin.) Williams (Person,) Williams {Pitt,) Wilder and 
 You ng — 99Nay s. 
 
 Mr. Guinn moved to amend the Report by striking out the words 
 u - whole number ?f members," and inserting in lieu thereof tlve words 
 a members who may be present." 
 
 The question on agreeing to the amendment moved by Mr.Guinn, 
 was determined in the negative. 
 
 Mr. Harrington moved to amend the Report by striking all out 
 after the word ''That," and inserting in lieu thereof as follows : 
 
 " Amendments to this Constitution may he made, in future, in the 
 following manner : At the general election for members of the State 
 Legislature which shall take place in the year and every 
 
 years thereafter, the several returning officers appointed to open a 
 poll for the election of members of the House of Commons, shall 
 make a return to the Secretary of State for the time being, of the 
 numbers and names of all those voting for members of the House of 
 Commons ; and whenever the citizens of this State shall desire to 
 change or amend the Constitution thereof, they, or as many of them 
 as may be in favor of such change or amendment, shall address a 
 Memorial or Memorials to the General Assembly setting forth the 
 nature and extent of such change or amendment as they propose. — 
 And if it shall thus appear, that the number of those in favor of such 
 proposed amendments shall he equal to a majority of the whole num- 
 
JOURNAL OF THE CONVENTION. 71 
 
 ber of those who voted at the last general election at which returns 
 were made, pursuant to the foregoing provision, then it shall be the 
 duty of the General Assembly to take the proposed amendment or 
 amendments into their consideration, and they shall approve or re- 
 ject such amendments, or any part thereof, at their discretion, a ma- 
 jority of each House concurring by Yeas and Nays. And the whole 
 or so much of the proposed amendments as shall be approved, 
 shall be put by the General Assembly in form, suitable to be 
 incorporated into the Constitution, and in this form shall be 
 published in all the newspapers in the State, at least three months 
 before the next general election for members of Assembly, for the 
 consideration of all the citizens of this State. And it shall be the 
 duty of the returning officers of the several counties of this State, at 
 that election, to open a poll for, and make a return to the Secretary 
 of State for the time being, of the numbers and names of all those 
 voting for members of the House of Commons who have voted on 
 such proposed change, or amendments of the Constitution — and if 
 thereupon, it shall appear that a majority of all the citizens of this 
 State voting for members of the House of Commons at that election, 
 shall have voted in favor of such proposed amendments, then such 
 amendment or amendments shall be part of the Constitution of this 
 State." 
 
 On the question of agreeing to the amendment, it was determined 
 in the negative. 
 
 The question recurring on the amendment reported by the Com- 
 mittee of the Whole, it was adopted. Yeas 106 — Nays 18. 
 
 The Yeas and Nays were required by one fifth of the members 
 present, on the call of Mr. Williams of Franklin, 
 Those who voted in the affirmative' were 
 
 Messrs. Andres, Averitt, Arlington, Bower, Bonner, Baxter, Branch, 
 Brittain, Biggs, Bailey, Bunting, Brodnax, Boddie, Cathey, Cox, Can- 
 sler, Cooper, Chalmers, Calvert, Chambers, Carson {Rutherford,) Collins, 
 Daniel, Dobson, Elliott, Edwards, Ferebee, Fisher, Faison, Franklin, 
 Gatling, Graves, Gaston (Craven,) Gaston (Hyde,) Gilliam, Gaines, 
 Gary, Gray, Giles, Gudger, Hill, Hall, Hogan, Hussey, Hooker, Hodges, 
 Huggins, Howard, Halsey, Holmes, Jones {.Wake,) Jones {Wilkes,) 
 Joiner, Jacocks, King, Kelly, Lea, Lesueur, Macon, Melchor, McPherson, 
 McDiarmid, Marchant, Morehead, Martin, Marsteller, Meares, Norcom, 
 Outlaw, Owen, Powell (Columbus,) Powell (Robeson,) Pearsall, Pipkin, 
 Ruffin, Rayner, Ramsay (Pasquotank,) Roulhac, Swain, Styron, Sawyer, 
 Skinner, Spaight {Craven,) Speight (Greene,) Sugg, Stallings, Sanders, Sea- 
 well, Smith (lone?/,) Spruill, Sherard,Tayloe, Troy, Toomer, White, Wilson, 
 {Edgecomb,) Wilson (Perquimons) Williams {PersonJ Williams {Frank- 
 in,') Williams {Pitt,) Welch, Whitfield, Wooten, AVellborn, Wilder and 
 Young — 106 Yeas. 
 
 Those who voted in the negative, were 
 
 Messrs. Birchett, Carson, (Burke,) Dockery, Gaither, Guinn, Grier, 
 Hargtave, Hutcheson, Harrington, Jervis, McQueen, Morris, McMillan, 
 Montgomery, Moore, Parker, Shipp, Shober — Nays 18. 
 
72 JOURNAL OF THE CONVENTION. 
 
 Mr. Collins, from the Committee to whom was referred the Re- 
 port of the Committee of 26, as amended by the Convention, for the 
 purpose of framing an article in conformity thereto, reported the 
 following: 
 
 That until the first session of the General Assembly, after the 
 year eighteen hunderd and forty-one, the Senate shall be composed 
 of Members elected from Districts, as follows: The 1st district — 
 Perquimons and Pasquotank; 2d district — Camden and Currituck; 
 3d district — Gates and Chowan; 4th district — Washington and 
 Tyrrell; 5th district — Northampton; 6th district — Hertford; 7th 
 district — Bertie; 8th district — Martin; 9th district — Halifax; 10th 
 district— Nash ; 11th district— Wake; 12th district— Franklin ; 
 13th disti'ict — Johnston ; 14th district — Warren; 15th district — 
 Edge-comb; 16th district — Wayne; 17th District — Greene and Le- 
 noir; 18th district — Pitt; 19th district — Beaufort and Hyde; 20th 
 district — Carteret and Jones; 21st district — Craven; 22nd district 
 i — Chatham; 23d district— Granville ; 24th district — Person; 25th 
 district — Cumberland; 26th district 1 — Sampson; 27th district — 
 New-Hanover; 28th district— Duplin; 29th district— Onslow; 30th 
 district— Brunswick, Bladen and Columbus; 31st district — Robe- 
 son and Richmond ; 32d district — Anson ; 33d district — Cabarrus; 
 54th district — Moore and Montgomery ; 35th district — Caswell ; 
 36th district — Rockingham; 37th district — Orange; 38th district — 
 Randolph; 39th district — Guilford; 40th district — Stokes; 41st 
 district — Rowan: 42d district — Davidson; 43d district — Surry; 
 44th district — Wilkes and Ashe; 45th district — Burke and Yancy; 
 46th district — Lincoln; 47th district — Iredell; 48th district — Ru- 
 therford ; 49th district — Buncombe, Haywood and Macon ; 50th dis- 
 trict — Mecklenburg. Each district entitled to one member in the 
 Senate. 
 
 That until the first session of the General Assembly after the year 
 eighteen hundred and forty-one, the House of Commons shall be-- 
 composed of members elected from the Counties in the following 
 manner, vis: 
 
 The Counties of Lincoln and Orange shall elect four members 
 each, 
 
 .The Comities of Burke, Chatham, Granville, Guilford, Halifax, 
 Iredell, Mecklenburg, Rowan, Rutherford, Surry, Stokes and Wake, 
 shall elect three members each. 
 
 The Counties of Anson, Beaufort, Bertie, Buncombe, Cumber] 
 land, Craven, Caswell, Davidson, Duplin, Edgccomb, Franklin,, 
 Johnston, Montgomery, New-Hanover, Northampton, Person, Pitt, 
 Randolph, Robeson, Richmond, Rockingham, Sampson, Warren,, 
 Wayne and Wilkes shall elect two members each. 
 
 The Counties of Ashe, Bladen, Brunswick, Camden, Columbus, 
 Chowan, Currituck, Carteret, Cabarrus, Gates, Greene, Haywood, , 
 Hertford, Hyde, Jones, Lenoir, Macon. Moore, Martin, Nash, Ons-j 
 low, Pasquotank, Perquimons, Tyrrel, Washington, and Yancy, shall , 
 elect one member each. 
 
JOURNAL OF THE CONVENTION. 73 
 
 These Articles were read the first time, and on motion of Mr. 
 Collins, ordered to be printed. 
 
 The Article requiring Members of the General Assembly to vote 
 viva voce, was read the second time : And on the question that the 
 said Article pass to its third reading, it was determined in the affir- 
 mative—Yeas 82, Nays S3. 
 
 The Yeas and Nays were required by one fifth of the members 
 present on the call of Mr. Wilson, of Perquimons. 
 Those who voted in the affirmative, were 
 
 Messrs. Averitt, Arlington, Bonner, Baxter, Branch, Brittain, Biggs, 
 Bunting, Birchett, Brodnax, Carson (Burke,) Cathey, Cox, Cansler, Chal- 
 ners, Daniel, Edwards, Ferebee, Faison, Franklin, Gatling, Gaither, 
 jilliam, Guinn, Grier, Gary, Hall, Hogan, Hargrave, Hussey, Hooker, 
 Hodges, Huggins, Howard, Hutcheson, Harrington, Holmes, Jones (Wake,) 
 Fervis, Jacocks, Kelly, Macon, McQueen, McMillan, Melchor, Mcpherson* 
 McDiarmid. Marchant, Marsteller, Moore, Norcom, Outlaw, Owen, Pow- 
 ill {Columbus,) Powell (Robeson,) Pearsall, Pipkin, Ruffin, Rayner, 
 Roulhac, Swain, Styron, Sawyer, Skinner, Spaight (Craven,) Speight 
 'Greene,) Sugg, Stallings, Sanders, Seawell, Sherard, Smith (Fancy,) Tay- 
 oe, Wilson (Edge-comb,) Wilson (Perquimons,) Williams (Franklin,) 
 Williams (Pitt,) Welch, Wooten, Whitfield, Wellborn and Wilder— 
 32 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Andres, Bower, Bailey, Buddie, Cooper, Carson (Rutherford,) 
 Collins, Dockery, Dobson, Elliott, Fisher, Graves, Gaston (Craven,) 
 jaston (Hyde,) Gaines, Gray, Giles, Oudger, Hill, Halsey, Jones (Wilkes) 
 loiner, King, Lea, Lesueur, Morris, Morehead, Martin, Meares, Parker, 
 Ramsay (Pasquotank,) Shipp, Shober, Troy, Toomer, White, Williams 
 'Person,) and Young — 38 Nays. 
 On motion of Mr. Branch. 
 Ordered, That the said Article be read the third time to-morrow. 
 
 • / The Convention took up for its second reading the Article abro- 
 gating the right of free negroes and mulattoes to vote for members 
 If the Legislature. 
 
 Mr. Fisher moved to amend the Article by adding thereto as fol- 
 ows: "Unless, in addition to the qualifications required of other 
 oters, such free negroes or mulattoes, for one year next preceding 
 my election, shall have owned and possessed at least fifty acres of 
 and in fee, of the value of not less than one hundred dollars, unin- 
 ;umbered by mortgage or otherwise, and shall never have been coll- 
 ected of any infamous offence, 
 
 Mr. Dockery moved to amend the amendment by striking out the 
 vords s *at least fifty acres of land in fee" and inserting in lieu there- 
 >f the words "real estate" ; and by striking out " one hundred," and 
 nserting " two hundred and Jifty." 
 
 Mr. Giles called for a division of the question : And the question 
 >eing on striking out, it was decided in the negative. 
 
 The question recurring on Mr. Fisher's amendment, it was deci- 
 led in the. negative — Yeas 59, Nays 63. 
 10 
 
74 JOURNAL OF THE CONVENTION. 
 
 The Yeas ami Nays were required by one fifth of the members pre^j 
 sent, on the call of Mr. Speight, of Greene. 
 
 Those who voted in the affirmative were, 
 
 Messrs. Andres, Averitt, Arrington, Bovver, Biggs, Bunting, Boddie, Coxij 
 Cansler, Chalmers, Carson (Rutherford,) Daniel, Dobson, Elliott, Fisherj, 
 Franklin, Catling, Gaston (Craven*) Gaston {Hyde,) Guinn, Gaines, Gary! 
 Gray, Giles, Gudger, Hill, Hall, Hussey Holmes, Jones (Wake,) Jorteai 
 (Wilkes,) Joiner, King, Kelly, Morris, McMillan, McPherson, Morehead,! 
 Martin, Marsteller, Montgomery, Moore, Gvven, Powell (Columbus*) Pow-ij 
 ell (Robeson*,) Parker, Rayner, Swain, Styron, Stallings, Shipp, Seawelljj 
 Sherard, Smith (Fancy,) Shober, Troy, Toomer, White and Wellborn, 
 —59 Yeas. j 
 
 Those Who voted in the negative were 
 
 Messrs. Adams, Bonner, Baxter, Branch, Brittain, Bailey, Birchetti 
 Brodnax, Carson (Burke,) Carney, Cooper, Calvert, Collins, Dockeryyii 
 Edwards, Ferebee, Faison, Gaither, Graves, Gilliam, Grier, Hogan, Har- 
 grave, Hooker, Hodges, Huggins, Howard, Hutcheson, Harrington, HalseyJ 
 Jervis, Jacocks, Lea, Lesueur, Maco'n, McQueen, Melchor, Marchantj 
 Meares, Norcom, Outlaw, Pipkin, Ruffin, Ramsay (Pcisquotarik,) RoulhacJ 
 Sawyer, Skinner, Spaight (Cr aven.) Speight (Greene.) Sugg, Sanders, Spruillr 
 Tayloo, Wilson (Edgecomb,) Wilson (Perquimons*) Welch, Wooten^ 
 Williams (Franklin,) Williams (Person,) Williams (Pitt,) Whitfield, WUf| 
 der and Young — 63 Nays. 
 
 Mr. Gaston, of Craven, moved to amend the Article by adding 
 thereto as follows: | 
 
 "Unless, in addition to the qualifications required of other voters] 
 he shall, for one year next preceding any election, have owned and 
 possessed property, real or personal or both, of the clear value of fiv^ 
 hundred dollars over and above all incumbrances, charges and debts! 
 Nor shall any free negroe, mulatto, or person of mixed blood, as 
 aforesaid, be permitted to vote at any election, who shall have beerj 
 convicted of an infamous offence." 
 
 Mr. Branch moved to amend the amendment by striking out th< 
 words "or personal or both:" And the question being had thereof 
 it was determined in the negative. 
 
 The question recurring on the amendment submitted by Mr. Gasi 
 ton, it was determined in the negative — Yeas 55, Nays 64. 
 
 The Yeas and Nays were required by one-fifth of the memberj 
 present on the call of Mr. Gaston, of Craven. 
 
 Those who voted in the affirmative, were 
 
 Messrs. Andres, Averitt, Arrington, Bower, Bunting, Boddie, Coal 
 Cansler, Chalmers, Daniel, Dockery, Dobson, Elliott, Fisher, Franklirili; 
 Gaston (Craven,) Gaston {Hyde,) Guinn, Gaines, Gray, Giies, Gudger, Hill | 
 Hall, Hussey, Holmes, .Jones (Wake,) Jones (Wilkes,) Joiner, King, Kelly, 
 Morris, McMillan, McPherson, Morehcad, Martin, Marsteller, Moorej 
 Owen, Parker, Powell (Robeson,) Swain, Styron, Shipp, Seawell, Skerard; 
 Smith (Fancy,) Shober, Tayloe, Troy, Toomer, White, Welch, Whit 
 field and Wellborn — 55 Yeas. 
 
JOURNAL OF THE CONVENTION. 75 
 
 Those who voted in the negative were 
 Messrs. Bonner, Baxter, Branch, Brittain, Biggs, Bailey, Bircliett, Brod- 
 ax, Car aon (Burke,) Carson (Rutherford,) Cathcy, Cooper, Calvert, Coi- 
 ns, Edwards, Ferebee, Faison, Gatling, Gaithcr, Graves, Gilliam, Grier, 
 iary, Hogan, Hargrave, Hooker, Hodges, Huggins, Howard, Hutcheson, 
 larrington, Ilalsey, Jervis, Jacocks, Lea, Lesueur, Macon, McQueen, 
 lelchor, Marchant, Meares, Norcom, Outlaw, Poweil (Columbus,) Pipkin, 
 Luffin, Rayner, Ramsay (Pasquotank,) Roulhac, Sawyer, Skinner, Spaight 
 Craven,) Speight (Greene,) Sugg, Stallings, Sanders, Wilson {Edgecomb,) 
 Vilson (Fcrqiiimons,) Wooten, Williams (Franklin,) Williams (Person,) 
 Villiams (Pitt,) Wilder and Young — 64 Nays. 
 
 The Article was read a second time; and on the question that it 
 ass to a third reading, it was determined in the affirmative. 
 
 On motion of Mr. Moreliead, 
 
 Ordered, That Mr. Smith, of Orange, have leave of absence from and af- 
 er Wednesday last, for the remainder of the session. 
 
 On motion, the Convention adjourned.. 
 
 TUESDAY, JULY 7, 1335. 
 
 The Convention met pursuant to adjournment. Prayer by the 
 ev. Mr. Jamieson, of the Methodist Episcopal Church. 
 
 On motion of Mr. Troy, 
 Ordered, That Mr. Powell, of Columbus, have leave of absence from 
 nd after to-day, for the remainder of the session. 
 On motion of Mr. Speight, of Greene* 
 
 Ordered, That Mr. Styron have leave of absence from and' after to-day, 
 ft the remainder of the session. 
 
 Mr. Pipkin, from the Committee to whom Was referred the 12th 
 Resolution, relating to the election of Governor of the State by the 
 ualificd voters for Members of the House of Commons, and pre- 
 cribing the term for which he may be elected, and the number of 
 erms during which he shall be eligible, reported the following 
 Article: 
 
 That the Governor shall he chosen by the qualified voters for the 
 icmbers of the House of Commons, at such time and places as mem- 
 ers of the General Assembly are elected ; lie shall hold his Office 
 jr a term of two years from the time of his installation, and until 
 nother shall be elected and qualified ; but lie shall not be eligible 
 no re than four years, in any term of six years. 
 
 The Article was read the first time, and on motion of Mr. Pip- 
 in, ordered to be printed. 
 
 Mr. Pipkin, from the Committee to whom was referred the 1 1th 
 
76 JOURNAL OF THE CONVENTION. 
 
 Resolution, with instructions to prepare an Article providing for j 
 biennial meetings of the General Assembly, and for the biennial 
 election of Secretary of State, Treasurer, Comptroller and Council 
 of State, reported the following Article: 
 
 That the General Assembly shall meet biennially, and at each 
 biennial session, shall elect by joint vote of the two Houses, a Se- 
 cretary of State, a Treasurer, Comptroller, and a Council of State, 
 for a term of two years. 
 
 The Article passed to its second reading, and on motion of Mr. 
 Pipkin, ordered to be printed. . 
 
 Mr. Giles submitted the following Resolution: 
 
 Resolved, That three thousand copies of the Report of the Committee who 
 was instructed to arrange the Senatorial Districts and apportion the mem- 
 bers of the House of Commons among the several counties, be printed for 
 the use of the delegates of this Convention ; and that the Article on the 
 Senate and House of Commons adopted by the Convention, be appended 
 thereto. 
 
 Mr. Daniel, from the Committee who were instructed to submit 
 the best mode of circulating the proceedings of the Convention among 
 the people of the State, reported: 
 
 That two hundred and seventy copies of the Journal of the Con- 
 vention should be printed, to be distributed as follows, viz: One co- 
 py to the Executive Department of the United States, and of the 
 several States; one copy to be deposited in the Office of the Clerk 
 of the County Court of each county in this State ; one copy to eacb 
 member of this Convention, and fifty copies to be deposited in the 
 Public Library, the Library of the University, and the Offices of 
 Heads of Department, in such proportions as may be- directed by 
 the Governor of this State. 
 
 That one hundred and twenty-five copies of the Constitution, and 
 the amendments adopted by the Convention, should be printed and 
 distributed under the directions of the Governor, for each county 
 entitled to one member in the House of Commons, and in like pro- 
 portion for counties entitled to a greater number of Representatives, 
 and one hundred and twenty-five copies for each Senatorial District, 
 making the agregate number of twenty-one thousand two hundred 
 and fifty. 
 
 The Report was read, and on motion of Mr. Daniel, ordered to 
 be printed. 
 
 On motion of Mr. Gaston, of Craven, the Convention proceeded 
 to consider the following Resolution: 
 
 _ Resolved, That it is expedient, in framing amendments to the Constitu- 
 tion, on the subject of representation in the House of Commons, to provide 
 that in making every apportionment, the Legislature shall divide, or cause 
 to be divided, those counties to which more than two Representatives shall 
 be assigned, into election districts, consisting severally of contiguous terri- 
 tory, and of equal federal numbers, as nearly as convenience will permit, 
 each of which districts shall elect one Representative only. 
 
 Mr. Branch moved to amend the Resolution by striking cut "toco" 
 and inserting in lieu thereof "o?ie." 
 
JOURNAL OF THE CONVENTION. 77 
 
 On motion of Mr. Speight, of Greene, 
 
 Ordered, That the Resolution lie on the table. 
 
 On this motion, the Yeas and Nays we're required by one fifth 
 of the members present, on the call of Mr. Gaston, of Craven, and 
 were, Yeas 77, Nays 4 1 . 
 
 Those who voted in the affirmative were 
 Messrs. Andres, Bovver, Bonner, Branch, Brittain, Biggs, Bunting, Bir- 
 chett, Brodnax, Boddie, Cathey. Cox,Cansler,Cooper,Chalmers,Chambers, 
 Carson {Rutherford,) Collins, Daniel, Dockery, Dobson, Elliott, Fisher, 
 Faison, Franklin, Gaither, Graves, Gilliam, Guinn, Grier, Gaines, Gray, 
 Giles, Gudger, Hogan, Hargrave, Hussey, Hooker, Hutcheson, Holmes. 
 Jones {Wake,) Jones (IVUkes,) Jervis, Joiner, King, Lea, Lesueur, Mc- 
 Queen, McMillan, Melchor, Morehead, Martin, Marsteller, Montgomery, 
 JVleares, Moore, Parker, Powell (Robeson, ) Ruffin, Rayner, Spaight (Cra- 
 ven,) Speight (Greene,) Shipp, Sherard, Smith (Fancy,) Shober, Tayloe, 
 Troy, Toomer, White, Wilson, (Edgecomb,) Williams (Franklin,) Wil- 
 liams (Person, J Welch, Whitfield, Wellborn, and Young — 77 Yeas. 
 
 Those who voted in the negative, were 
 
 Messrs. Averitt, Arrington, Adams, Baxter, Bailey, Calvert, Ferebee, 
 Gatling, Gaston (Craven,) Gaston (Hyde,) Gary, Hill, Hall, Hodges, Hug- 
 gins, Howard, Halsey, Jacocks, Kelly, Macon, Morris, McPherson, Mar- 
 chant, Norcom, Outlaw, Owen, Pipkin, Ramsay (Pasquotank,) Roulhac, 
 Swain, Styron, Sawyet\ Skinner, Sugg, Stallings, Sanders, Seawell, Spruill, 
 Wooten, Wilson (Perquimons) and Wilder — Nays 41. 
 
 The Convention proceeded to consider the Article relating to the 
 impeachment of Judges and other Officers of the State. 
 
 Mr. Branch moved to amend the Article by striking out the words 
 " and upon the trial of an impeachment the Chief-Justice of this 
 State shall preside, unless the Chief-Justice be impeached, or from 
 inability or other sufficient cause, to he adjudged of by the Senate, 
 he shall be excused by the Senate from presiding, then the Senate 
 may appoint some other person to preside." 
 
 And the question being had thereon, it was determined in the affir- 
 mative. 
 
 Mr. Spaight of Craven, moved further to amend the Article by 
 striking out the words "Judges of the Superior Courts," and in- 
 serting in lieu thereof, the words " all Judges of such inferior courts 
 as are, or may be hereafter established." 
 
 And the question being taken thereon, it was determined in the 
 negative. 
 
 The said Article was read the second time, and on the question 
 that the same pass to its third reading, it was determined in the af- 
 firmative. 
 
 On motion of Mr. Gaston of Hyde, 
 
 Ordered, That Mr. Spruill, Mr. Sugg and Mr. Hodges have leave of 
 absence from and after to-morrow, for the remainder of the session. 
 
 On motion of Mr. Giles, 
 
78 JOURNAL OF THE CONVENTION. 
 
 Ordered, That Mr. Cruel up have leave of absence, from and after Satur- 
 day last, for the remaineler of the Session: 
 
 The Convention took up" for its second reading the Article relat- 
 ing to the office of Attorney-General. 
 
 On moticn of Mr. Spaight of Craven, the Article was amended by 
 striking out the first section,. 
 
 Mr. Williams of Franklin, moved to fill the blank with "eight," 
 which was determined in the negative. 
 
 And on motion of Mr. Giles, the blank was filled with *[/b?/r." 
 
 On motion of Mr. Spaight of Craven, the Article was amended by 
 striking out the words " by joint ballot of both Houses." 
 
 Mr. McQueen moved to amend the Article, by adding thereto the 
 following: " After a vacancy shall occur in that office, and every 
 four years thereafter." 
 
 And the question being put thereon, it was decided in the nega- 
 tive. 
 
 On motion of Mr. Mcares, the Article was further amended by 
 adding the following words, " unless the General Assembly shall 
 hereafter alter the term during which the Solicitors of the State, 
 shall hold their office, in which case they shall have power to ex- 
 tend the term during which the Attorney-General shall hold his of- 
 fice, to the same period." 
 
 The Article was read the second time, and on the question that 
 the same pass to its third reading*, it was determined in, the affir- 
 mative. 
 
 The Convention took up for its second reading the Article relat- 
 ing to. vacancies occurring in the General Assembly before the meet- 
 ing thereof. 
 
 On motion of Mr.. Branch, the Article was amended by inserting 
 after the word ' occur,' the following words, " in either branch of 
 the Legislature." 
 
 On motion of Mr. Scawell, the Article was further amended by 
 inserting the words ' of election' after the word 'writs,' and striking 
 out the words * by the Governor.' 
 
 The Article was read the second time, and on the question that 
 the same pass to its third reading, it was determined in the affir- 
 mative. 
 
 The Convention took up for its second reading, the Article relat- 
 ing to the removal of Judges from Office, and declaring that the 
 salaries of Judges shall not be diminished during their continuance 
 in office. 
 
 Mr. Meares moved to amend the 1st section of the Article, by 
 adding thereto the following words 'And before the vote shall be j 
 taken on any such Resolution, the members of the Senate and House 
 of Commons shall take an oath or affirmation, truly and impartially 
 to determine the charge in question, according to the evidence. 
 
 On the question of agreeing to tiie amendment, it was determined 
 in the negative. 
 
JOURNAL OF THE CONVENTION. 79 
 
 Mr. Sawyer moved to amend the same section, by striking out 
 the word " twenty," and inserting " ten.'" 
 
 On the question of agreeing to the amendment, it was determined 
 in the negative. 
 
 Mr. Bower moved to strike out the second section Which declares 
 that the salaries of the Judges shall hot be diminished during their 
 continuance in office. 
 
 And the question being taken thereon, it was decided in the nega- 
 tive. Yeas 40 — Nays 76. 
 
 The Yeas and Nays were required by one fifth of the members 
 present, on the call of Mr. Bower. 
 
 Those who voted in the affirmative were 
 
 Messrs. Arrington, Bower, Baxter, Brittain, Birchett, Boddie, Cathey, 
 Cansler, Cooper, Chambers, Dobson, Ferebee, Fisher, Graves, Guinn, 
 Grier, Hall, Hargrave, Hussey, Hutcheson, Jones [Wake) Jervis, Lea, 
 Macon, McQueen, Morris, Melchor, McPherson, Montgomery, Moore,Par- 
 ker, Shipp, Smith {Fancy,) Shober, Wilson (Edgecomb,) Williams (Frank- 
 lin,) Welch, Whitfield, Wellborn and Wilder— 40 Yeas. 
 
 Those who voted in the negative were 
 
 3Iessrs. Andres, Averitt, Bonner, Branch, Biggs, Bailey, Buntihg» 
 Brodnax, Carson (Burke,) Carson (Rutherford,) Cox, Chalmers, Collins* 
 Dockery, Elliott, Faison, Franklin, Gatling, Gaither, Gaston (Craven,) 
 Gaston (Hyde,) Gilliam, Gaines, Gary, Gray, Giles, Gudger, Hill,Hogan» 
 Hooker, Hodges, Huggins, Howard, Halsey, Holmes, Jones( Wilkes,) Join- 
 er, Jacocks, King, Kelly, Lesueur, McMillan, McDiarmid, Marchant* 
 Morehead, Martin, Marsteller, Meares,Norcom, Outlaw, Owen, Pipkin, 
 Powell (Robeson) Ruffin, Rayner, Ramsay (Pasqicotank,) Roulhac, Swain, 
 Styron, Sawyer, Skinner, Spaight (Craven,) Speight (Greene,) Stallings, 
 Sanders, Seawell, Sherard, Tayloe, Troy, Toomer, White, Wooten, Wil- 
 son (Perquimons, Williams (Person,) Williams (Pitt,) and Young — 76 
 Nays. 
 
 The Article was read the second time, and on the question that 
 the same pass to its third reading, it was decided in the affirmative. 
 
 The Convention took up for its second reading, the Article relat- 
 ing to the removal of Justices of the Peace from Office. 
 
 On motion of Mr. Morehead, the Article was amended by striking 
 out the words ' before the Superior Court held in the County in 
 which he resides," and inserting after " shall be,'* the word 
 " thereby." 
 
 The Article was read the second time, and on the question that 
 the same pass to its third reading, it was determined in the affirma- 
 tive. 
 
 And on motion, the Convention adjourned. 
 
SO Journal of ths coNVEtftioff, 
 
 WEDNESDAY, JULY 8, 1835. 
 
 The. Convention met pursuant to adjournment. Prayer by the 
 Rev. Dr. McPheeters. 
 
 Mr. King introduced the following Resolution, which lies on the i 
 table: 
 
 Resolved, That the Secretary make up the estimates of the members of 
 this Convention from arid alter Friday next. 
 
 The Article relating to the office of Attorney General was taken 
 tip for consideration. 
 
 On motion of Mr. Seawell, the Article was amended by inserting ' 
 after the word "appoint" the following: "at its first session after 
 the year 1839, and thereafter." 
 
 On this question, the Yeas and Nays were required by one fifth 
 of the members present, on the call of Mr. Hargrave, and were 
 Yeas 78, Nays 35. 
 
 Those who voted in the affirmative were 1 
 
 Messrs. Andres, Averitt, Adams, Bower, Brittain, Cathey, CoX, Cans- 
 ler, Chambers, Carson (Rutherford,) Collins, Dockery, Dobson, Elliot, Fe- 
 rebee, Fisher, Faison, Franklin, Gastpti (LTyde,) Guinn, Grier, Gaines, Ga- 
 ry, Gray, Giles, Gudger, Hill. Hall, Hogan, Hargrave, Hussey, Hooker. 
 Hodges, Huggins, Howard, Holmes, Jervis, Jones {Wilkes,) Joiner, Ja- 
 cocks, King, Lea, Lesueur, Macon, Morris, McMillan, Alelchor, Mcpher- 
 son, McDiarmid, Morehead, Martin, Montgomery, Moore, Norcom, Out- 
 law, Owen, Pearsall, Parker, Powell (Robeson,) Rayner, Ramsay (Pasquo- 
 tank,) Roulhac, Swain, Sawyer, Shipp, Seawell, Sherard, Smith (Yancy,) 
 Shober, Spruill, Tayloe, White, Welch, Wilson (Perquimotis,) Williams 
 (Pitt,) Whitfield, Wellborn and Young — 78 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Bonner, Baxter, Branch, Biggs, Bailey, Banting, Birchett, Brod- 
 nax, Cooper, Calvert, Daniel, Gatling, Gaither, Graves, Gaston (Craven,) 
 Gilliam, Hutcheson, Kalsey, Jones (Wake,) Kelly McQueen, Marcha-nt, 
 Marsteller, Meares, Pipkin, Ruffin, Skinner, Spaight (Craven,) Speight 
 (Greene,) Stallings, Troy, Toomer, Wilson (Edgecomb,) Wooten and Wil- 
 der — 35 Nays. ~ ' . - 
 
 Mr. Seawell moved further to amend the Article by adding the 
 following proviso: 
 
 Provided ahvays, That in ease of vacanc} r , the Legislature at its next 
 Session thereafter, shall appoint an Attorney General. 
 
 On the question of agreeing to the amendment, it was determined 
 in the negative. 
 
 And on the question that the Article pass its third reading, and 
 be referred to the Committee of seven, it was determined in the af- 
 firmative. Yeas 87 — Nays 24. 
 
 The Yeas and Nays Mere required by one-fifth of the members 
 present, on the call of Mr. Swain. 
 
JOURNAL OF THE CONVENTION. 81 
 
 Those who voted in the affirmative were 
 
 Messrs. Andres, Averitt, Arrington, Adams, Bovver, Bonner, Brittain, 
 Biggs, Boddie,Cathey,Cox,Cansler,Cooper,Carson (Rutherford,) Dockery, 
 Dobson, Elliott, Ferebee, Fisher, Faison, Franklin, Gatling, Gaither, 
 Graves, Gilliam, Gaston {Hyde,) Guinn, Grier, Gaines, Gary, Gray, Giles, 
 Gudger, Hill, Hall, Hogan, Hargrave, Hussey, Hooker, Huggins, Howard, 
 Holmes, Jones (fVake,) Jones (Wilkes,) Jervis, Joiner, Jacocks, King, Lea, 
 Lesueur, Macon, Morris, McMillan, Melchor, McPherson, McDiarmid, 
 Marchant, Morehead, Martin, Montgomery, Moore, Norcom, Outlaw, 
 Owen, Pearsall, Parker, Powell [Robeson,) Ruffin, Rayner, Ramsay (Pas- 
 quotank,) Roulhac, Sawyer, Stallings, Shipp, Seawell, Smith (Fancy,) 
 Shober, Tayloe,Troy, White, Williams (Franklin,) Williams (Pitt,) Welch, 
 Wilson (Perquimons,) Whitfield, Wellborn and Young — 87 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Baxter, Branch, Bailey, Bunting, Birchett, Calvert, Daniel, 
 Gaston (Craven,) Hutcheson, Halsey, Kelly, McQueen, Marsteller,Meares, 
 Pipkin, Swain, Skinner, Spaight (Craven,) Speight (Greene,) Sherard, 
 Toomer, Wilson (Edgecomb,) Wooten and Wilder — 24 Nays. 
 
 The Article relating to future amendments to the Constitution 
 was taken up for consideration. 
 
 Mr. Meares moved to amend the Article by adding thereto the 
 following: 
 
 "No Convention shall he called by the General Assembly except 
 by the concurrence of two thirds of all the members of each House 
 of the General Assembly." 
 
 Mr. Hogan moved to amend the amendment by striking out the 
 words " two-thirds," and inserting in lieu thereof " three-jifths''-^ 
 And the question being had thereon, it was determined in the ne- 
 gative. 
 
 The questien recurring on the amendment, it was decided in the 
 affirmative — Yeas 90, Nays 29. 
 
 The Yeas and Nays were required by one fifth of the members 
 present, on the call of Mr. Bower. 
 
 Those who voted in the affirmative were 
 
 Messrs. Andres, Averitt, Arrington, Adams, Bonner, Baxter, Branch, 
 Brittain, Biggs, Bailey, Bunting, Brodnax, Boddie, Cathey, Cox, Cansler, 
 Cooper, Calvert, Chambers, Collins, Daniel, Dockery, Dobson, Elliott, 
 Edwards, Ferebee, Fisher, Faison, Gatling, Graves, Gilliam, Gaston (Cra- 
 ven,) Gaston (Hyde,) Gary, Gray, Gudger, Hill, Hall, Hussey, Hooker, 
 Hodges, Huggins, Howard, Halsey, Holmes, Jones (Wake) Jones (Wilkes,) 
 Joiner, Jacocks, King, Kelly, Lesueur, Macon, McPherson, Marchant, 
 Marsteller, Meares, Norcom, Outlaw, Owen, Pearsall, Pipkin, Powell (Ro- 
 beson) Ruffin, Rayner, Ramsay (Pasquotank,) Roulhac, Swain, Sawyer, 
 Skinner, Spaight [Craven,) Speight (Greene,) Stallings, Seawell, Sherard, 
 Smith (Fancy,) Spruill, Tayloe, Troy, Toomer, Wilson (Edgecomb,) Wil- 
 son (Perquimons,) Williams (Franklin,) Williams (Person,) Williams 
 (Pitt,) Welch, Wooten, Whitfield, Wilder and Young— 90 Yeas. 
 
 Those who voted in the negative were 
 11 
 
■82 JOURNAL OF THE CONVENTION. 
 
 Messrs. Bower, Birchett, Carson {Burke.) Carson (Rutherford,) Frank* 
 lin, Gaither, 'Guinn, Grier, Gaines, Giles, Hogan, Hargrave, Hutcheson, 
 Jervis, Lea, McQueen, Morris, McMillan, Melchor, McDiarmid, Morehead, 
 Martin, Montgomery, Moore, Parker, Shipp, Shober, White and Well- 
 born— 29 Nays. 
 
 And on the question that the said Article pass its third reading, 
 and be referred to the Committee of seven, it was decided in the af- 
 firmative. 
 
 The Article relating to vacancies occurring in the General Assem- 
 bly before the meeting thereof ; 
 
 The Article requiring members of tlie General Assembly to vote 
 viva voce ; 
 
 The Article abrogating the right of mulattoes and free negroes to 
 vote for members of the Legislature ; and 
 
 The Article relating to the removal of Judges from Office, and 
 declaring that the salaries of Judges shall not be diminished during 
 their continuance in office ; were severally read the third time, an4 
 referred to the Committee of seven. 
 
 The Article relating to the removal of Justices of the Peace from 
 office, was taken up for consideration. 
 
 Mr. Jacocks moved to postpone" the Article indefinitely ; which 
 was determined in the negative. Yeas 14 — Nays 91. 
 
 The Yeas and Nays were required by one fifth of the members 
 present, on the call of Mr. Jacocks. 
 
 Those who voted in the affirmative, were 
 
 Messrs. Arlington, Cox, Ferebee, Gatling, Gary, Tfussey, Jacocks, 
 Macon, Morris, McPherson, Montgomery, Pipkin, Stallings, and Wilson 
 — 14 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Andres, Averitt, Bower, Bonner, Baxter, Brittain, Biggs, Bailey, 
 Bunting, Birchett, Broadnax, Boddie, Cathey, Cansler, Cooper, Calvert, 
 Chambers, Collins, Daniel, Dobson, Dockery, Elliott, Fisher,Faison, Frank- 
 lin, Gaither, Graves, Gilliam, Guinn, Grier, Gaines, Gray, Giles, Gudger, 
 Hill,Hall, Hogan, Hargrave, Hooker, Huggins, Hutcheson, Hal sey, Holmes, 
 Jones (fPakg,) Jones (Wilkes.) Jervis, Joiner, Kelly, Lea, Lesueur, Mc- 
 Queen, McMillan, Melchor, McDiarmid, Mar-chant, Morehead, Martin, 
 Mars teller, Moore, Norcom, Outlaw, Owen, Parker, Powell (Robeson,) 
 lluffin, Rayner, Ramsay (Pasquotank,) Roulhac, Swain, Sawyer, Spaight 
 (Craven,) Speight (Greene,) Shipp, Seawell, Sherard, Smith, (Fancy,) 
 Shober, Spruill, Troy, Toomer, White, Wilson (Edgecomb,) Welch, 
 Wootcn, Williams (Franklin,) "WWM&ms (Person,) Williams (Pitt,) Whit- 
 field, Wellborn, Wilder and Young — 91 Nays. 
 
 Mr. Carson of Rutherford, moved to amend the Article by strik- 
 ing out the following words " and he shall be forever disqualified 
 from holding such appointment." 
 
 Atul the question being taken thereon it was determined in the 
 negative. 
 
 Mr. Jacocks moved to strike out of the Article, all after the word 
 
JOURNAL OF THE CONVENTION. 83 
 
 "that," and insert in lieu- thereof the following: "Upon the certifi- 
 cate of the Chairman or presiding Magistrate, that it is the opinion 
 of three fourths of the acting Justices of the Peace of his said coun- 
 ty, attested by the Clerk, and under the seal of said Court, that any 
 Justice of the Peace in said County, is morally or mentally disquali- 
 fied for holding said Office, then and in that case, the commission of 
 said Justice of the Peace shall be cancelled, and he shall be thereup- 
 on removed from Office."* 
 
 And upon the question to agree thereto, it was determined in the 
 negative. 
 
 The Article was then read the third time, and referred to the 
 Committee of seven. 
 
 The Article relating to the impeachment of Judges and other Offi- 
 cers of the State, was taken up for consideration. 
 Mr. Shober submitted the following amendment: 
 
 " The House of Commons shall elect from their own body, three 
 members whose duty it shall be to prosecute impeachments. No 
 impeachment shall be tried until the Legislature shall have adjourn - 
 ed sine die; when the Senate shall proceed to try such impeach- 
 ment." 
 
 The question being had thereon, it was determined in the nega- 
 tive. 
 
 The Article was then read the third time, and referred to the 
 Committee of seven. 
 
 The Convention took up for its second reading the Article arrang- 
 ing the Senatorial Districts. 
 
 Mr. Kelly moved to amend by striking the county of Montgome- 
 ry from the 34th district, and attaching it to the 33d district. 
 
 Upon the question of agreeing to the amendment, it was- decided" 
 in the negative. Yeas 21 — Nays 93. 
 
 On this question, the Yeas and Nays were required by one fifth 
 
 the members present, on the call of Mr. Kelly. 
 Those who voted in the affirmative were 
 
 Messrs. Arrington, Bunting, Cox, Daniel, Dock^vy,. Gary, Hall, Holmes, 
 facocks, Kelly, McQueen, McDiarmid, Morehead, Marsteller, Monro, 
 Norcom, Parker, Sawyer, Seawell, Troy and Toomer — 21 Yeas. 
 
 Those who voted in the negative were 
 Messrs. Andres, .Averitt, Adams, Bower, Bonner, Baxter, Brittain, Biggs, 
 Bailey, Birchett, Brodnax, Boddie, Carson (Burke,) Carson (Rutherford,) 
 ?,athey,Cansler, Cooper, Calvert, Chambers,Collins, Dobson, Elliot, Fesebee, 
 iisher, Faison, Franklin, Gatling,Gaither,Graves,Gaston (Craven,) Gaston 
 Hyde,) Gilliam, Guinn. Grier, Gaines, Gray, Giles, Gudger, Hill. Hogan, 
 rlargrave, Hussey, Hooker, Hodges, Huggins, Howard, Hutcheson, Halsey, 
 Fones (Wake,) Jones [Wilkes,) Jervis, Joiner, King, Lea, Lesueur, Ma- 
 :on, Morris, McMillan, Melchbr, McPherson, Marchant, Martin, Mont- 
 gomery, Meares, Outlaw, Owen, Pipkin, Powell (Robeson,) Ruffin,Rayner, 
 Ramsay (Pasquotank.) Roulhac, Swain, Skinner, Spaight (Cravm,) Speight 
 ''Greene,) Stallings, Shipp, Sherard, Smith (Fancy,) Shober, Tayloe, White, 
 
84 JOURNAL OF THE CONVENTION. 
 
 Wilson (Edgecomb,) Wilson (Perquimons,) Welch, Wooten, Williams, 
 (Franklin,) Williams (Person,) Whitfield, Wellborn, Wilder and Young 
 — 93 Nays. 
 
 Mr.Bailey moved to amend the Article,so that Pasquotank should 
 form a Senatorial district. 
 
 The question being taken thereon, it was decided in the negative. 
 Yeas 18 — Nays 83. 
 
 The Yeas and Nays were required by one fifth of the members pre- 
 sent, on the call of Mr. Pipkin. 
 
 Those who voted in the affirmative were, 
 
 Messrs. Arrington, Baxter, Bailey, Carson (Rutherford,) Dockery, 
 Ferebee, Fisher, Hill, Hall, Joiner, Jacocks, King, McQueen, Norcom, 
 Owen, Ramsay [Pasquotank,) Shober, Tayloe, — 18 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Averitt, Adams, Bower, Bonner, Brittain, Biggs, Bunting, Bir- 
 chett, Brodnax, Boddie, Cathey, Cox, Cansler, Cooper, Calvert, Cham- 
 bers, Collins, Dobson, Elliott, Faison, Franklin, Gatling, Gaither, Graves, 
 Gilliam, Gaston {Hyde,) Guinn, Grier, Gaines, Gary, Gray, Giles, Gudger, 
 Hogan, Hargrave, Hodges, Huggins, Howard, Hutcheson, Hatsey, Holmes, 
 Jones (Wake,) Jones (Wilkes,) Jervis, Kelly, Lea, Lesueur, Morris, Mc- 
 Millan, Melchor,McPherson,McDiarmid,Marchant,Morehead, Martin, Mar- 
 steller, Montgomery, Moore,Outlaw, Parker,Pipkin,Powell (Robeson) Ruffin, 
 Rayner, Roulhac, Skinner, Spaight (Craven,) Speight (Greene.) Stallings, 
 Shipp, Seawell, Sherard, Smith (Fancy,) Toomer, White, Wilson (Edge- 
 comb,) Welch, Wooten, Williams (Franklin,) Williams (Person,) Whit- 
 field, Wellborn and Young*— 83 Nays. 
 
 The Article was read a second time; and on the question that it 
 pass to its third reading it was determined in the affirmative. 
 On motion of Mr. Kelly, 
 
 Ordered, That Mr. Chalmers have leave of absence from the service of 
 the Convention, from and after to-morrow, for the remainder of the session. 
 
 On motion of Mr. Hargrave, the Convention proceeded to consi- 
 der the Report on the mode of appointing Militia Officers. 
 
 The Convention refused to concur in the Report : and Mr. Har- 
 grave presented the following Article: 
 
 Officers of the Militia shall be chosen as follows, that is: The of- 
 ficers of Companies by the Companies; Officers of Battalions 
 and Regiments by the Commissioned Officers of Battalions or Re- 
 giments respectively; Brigadier Generals by the Field Officers of 
 the Brigade; and Major Generals by the Field Officers of the' Di- 
 vision, under such rules and regulations as the General Assembly 
 may from time to time prescribe. The Governor shall commission 
 all Officers. 
 
 The Article was read the first time, and ordered to be printed. 
 Mr. Collins moved that the Convention adjourn. 
 
 And the question being had thereon, it was determined in the ne- 
 gative — Y r eas 52, Nays 53. 
 
JOURNAL OP THE CONVENTION. 85 
 
 The Yeas and Nays»wcre required by one-fifth of the members 
 present, on the call of Mr. Collins. 
 
 Those who voted in the affirmative, were ■ 
 
 Messrs. Andres, Biggs, Bailey, Bunting, Brodnax, Cooper, Calvert, 
 ■Chambers, Collins, Elliott, Faison, Gilliam, Gaines, Gary, Giles, Cudger, 
 Hill, Hogan, Hargrave, Hodges, Howard, Holmes, Jones (Wake.) Jones 
 (Wilkes) King, McQueen, Melchor, McPherson, McDiarmid, Marsteller, 
 Meares, Moore, Norcom, Outlaw, Owen, Pipkin, Powell (Robeson,) Ray- 
 ner, Ramsay (Pasquotank,) Roulhac, Spaight (Craven,) Speight (Greene,) 
 .Seawell, Shober, Spruill, Tayloe, Toomer, Wilson (Edgecomb,) Wilson 
 (Perquimons,) Welch, Williams (Franklin,) and Wellborn — 52 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Averitt, Arrington, Adams, Bower, Bonner, Brittain,Birchett, 
 Baxter ,Boddie,Cox,Cansler, Carson (/?ui/jer/or(ZjDockery,Dobson,Ferebee, 
 Fisher, Franklin, Gatling,Gaither, Graves, Gaston (Hyde) Guinn,Grier,Cray, 
 Hall, Huggins, Hutcheson, Halsey, Jervis, Joiner, Jacocks, Kelly, Lea, 
 liesueur, Morris, McMillan, Marchant, Morehead, Martin, Montgomery, 
 Parker, Ruffin, Sawyer, Skinner, Stallings, Shipp, Sherard, Smith (Yancy,) 
 White, Wooten, Williams (Person,) Whitfield and Young — 53 Nays. 
 
 On motion of Mr. Giles, the Convention proceeded to consider 
 the following Resolution: 
 
 Resolved, That three thousand copies of the Report of the Committee who 
 was instructed to arrange the Senatorial Districts and apportion the mem- 
 bers of the House of Commons among the several counties, be printed for 
 <the use of the Delegates of this Convention ; and that the Article on the 
 Senate and House of Commons adopted by the Convention, be appended 
 thereto. 
 
 On motion of Mr. Hogan, the Resolution was amended by striking 
 out " three thousand," and inserting "five thousand." 
 
 The Resolution was adopted ; and on motion of Mr. Morehead,or- 
 dered that this document be printed under the direction of Messrs. 
 Collins and Giles. 
 
 On motion, the Convention adjourned. 
 
 THURSDAY, JULY 9, 1835. 
 
 The Convention met pursuant to adjournment. Prayer by the 
 Rev. Mr. Jamieson, of the Methodist Episcopal Church. 
 
 On motion of Mr. Wilson, of Edgecomb, 
 
 Ordered, That Mr. Biggs have leave of absence from and after to-morrow 
 for the remainder of the session. 
 
 On motion of Mr. Branch, the Convention proceeded to consider 
 the Report on the manner in which the amendments adopted by this 
 Convention shall be submitted for ratification. 
 
86 JOURNAL OF THE CONVENTION. 
 
 On motion of Mr. Marchant, the Report \Vas amended by striking 
 out the words " Thursday and Friday immediately succeeding," and 
 inserting in lieu thereof the words "ensuing Monday." 
 
 On motion of Mr. Giles, the Report was further amended by 
 striking out the word "ten" and inserting in lieu thereof "twenty." 
 
 Mr. Skinner moved to amend the Report by striking out " No- 
 vember" and inserting " March." And the question being had 
 thereon, it was decided in the negative. 
 
 Mr. Wilson of Perquimons, moved further to amend the Report 
 by striking out all after the first word, and to insert in lieu thereof 
 as follows: 
 
 " That the amended Constitution be submitted for ratification or 
 rejection to the Representatives of the people in the next General 
 Assembly." 
 
 Upon the question of agreeing thereto, it was decided in the ne- 
 gative — Yeas 7, Nays 107. 
 
 The Yeas and Nays were required by one-fifth of the members- 
 present on the call of Mr. Dockery. 
 
 Those who voted in the affirmative, were 
 
 Messrs. Hall, Huggins, Holmes, Jacocks, MePhersoivStallingsand Wil- 
 son (Perquimans,) — 7 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Andres, Averitt, Arrington, Adams, Bower, Bonner, Baxter, 
 Branch, Brittain, Biggs, Bailey, Bunting, Birchett, Brodnax, Boddie, Cox, 
 Cathey, Cansler, Cooper, Calvert, Chambers, Carson (Rutherford,) Col- 
 lins, Daniel, Dockery, Dobson, Elliott, Edwards, Ferebee, Fisher, Faison, 
 Franklin, Gatling, Gaither, Graves, Gaston (Craven,) Gaston {Hyde,) Gil- 
 liam, Guinn, Grier, Gaines, Gary, Gray, Giles. Gudger, Hill, Hogan, Har- 
 grave, Hussey, Hooker, Howard, Hutcheson, Halsey, Jones {Wake,) Jones 
 (Wilkes,) Jervis, Joiner, King, Kelly, Lea, Lesueur, Macon« McQueen, 
 Morris, McMillan, Melchor, McDiarmidi, Marchant, Morehead, Martin, 
 Marsteller, Montgomery, Meares, Moore, Norcom, Outlaw, Owen, Pearsall, 
 Parker, Pipkin, Powell {Robeson,) Puffin, Rayner, Ramsay (Pasquotank*) 
 Roulhac, Swain, Sawyer, Skinner, Speight {Greene,) Shipp, Seawell, She- 
 rard, Smith {Fancy,) Shober, Tayloe, Troy, Toomer, White, Wilson 
 (Edgecomb,) Williams {Franklin,) Williams {Person,) Welch, Wooten, 
 Whitfield, Wellborn, Wilder and Young— 107 Nays. 
 
 On motion of Mr. Gaston of Craven, 
 
 Ordered, That the Report be re-committed to the same Committee, with 
 instructions to bring in an Ordinance in conformity thereto. 
 
 The Convention took up for consideration the Article arranging 
 the Senatorial Districts. 
 
 Mr. Owen moved to amend the Article so as to make Duplin 
 and Onslow the 28th district, Bladen the 29th district, Brunswick 
 and Columbus the 30th district. And on the question to agree to 
 the same, it was decided in the negative. 
 
JOURNAL OF THE CONVENTION. 87 
 
 The Article was then read the third time, and referred to the Com- 
 mittee of seven. 
 
 The Article apportioning the members of the House of Commons ; 
 and, 
 
 The Article relating to the residence and qualification of voters 
 for the Senate and persons eligible to the Senate, were each read 
 and passed to their third reading. 
 
 The Article relating to capitation tax was read the second time, 
 and on motion of Mr. Seawell, amended by adding thereto the fol- 
 lowing proviso: 
 
 I Provided, That nothing herein contained shall prevent exemptions of tax- 
 able Polls, as heretofore prescribed by law, in cases of bodily infirmity. 
 
 And, on the question that the Article pass to its third reading, it 
 was determined in the affirmative. 
 
 The Article was read the third time, and referred to the Commit- 
 tee of seven. 
 
 The Article relating to the appointment of Justices was taken up 
 for its second reading. 
 
 Mr. Swain moved to amend the Article, by striking out all after 
 the word " That," and inserting in lieu thereof the following: 
 
 The Justices of the Peace, within the respective counties in this 
 State, shall in future be recommended to the Governor for the time 
 being, by the representatives in General Assembly, and the Justi- 
 ces when so commissioned, shall hold their Offices during good be* 
 haviour, and shall not be removed from Office by the General As- 
 sembly unless for misbehaviour, absence or inability: Provided, that 
 the number of Justices in each county shall not exceed fifteen to each 
 representative to which such county may be entitled in the House of 
 Commons. 
 
 On motion of Mr. Giles, the further consideration of the Article 
 was postponed indefinitely. Yeas 56 — Nays 21. 
 
 The Yeas and Nays were required by one fifth of the members 
 present, on the call of Mr. Cooper. 
 
 Those who voted in the affirmative were 
 
 Messrs. Arlington, Adams, Bower, Bonner, Baxter, Brittain, Boddie, 
 Cathey, Cooper, Calvert, Chambers, Dobson, Elliott, Ferebee, Fisher, 
 Faison, Frankhn, Gaither, Graves, Gilliam, Guinn, Grier, Grav, Giles, 
 Gudger, Hall, Hussey, Huggins, Hutcheson, Jervis, Joiner, Jacocks, 
 Lea, Lesueur, Morns, McPherson, McDiamid, Marchant, Martin, Mar- 
 IrP-f ' 5i°5 e ' , u i ,aw » Parker ' Pi pkin, Roulhac, Shipp, Sherard, Shober, 
 White, Wilson, (Edgecomb,) Welch, Wooten, Williams (PersonJ Whit- 
 tfi.eld, Wellborn, and Young— 56 Yeas. 
 
 Those who voted in the negative, were 
 
 Messrs. Biggs, Bailey, Daniel, Dockery, Edwards, Gaines, Gary, Har- 
 ,iave, Kelly, Macon, McMillan, Melchor, Morehead, Meares, Norcum, 
 owell (Robeson,) Ruffin, Ramsay (Pasquotank) Skinner, Smith (Fancy,) 
 nd Troy, — Nays 21. *' 
 
88 JOURNAL OF THE CONVENTION; 
 
 The Article declaring that no person wlio holds Office under tfre 
 United States, shall hold Office under this State, was taken up for 
 its second reading. 
 
 On motion of Mr. Sea well, the Article was amended by striking 
 out all after the word "That," and inserting in lieu thereof the fol- 
 lowing: 
 
 No person who shall hold any office or place of trust or profit under 
 the U. States, or any department thereof, or any of said States, or 
 under any foreign power,shall hold or exercise any Office or place of 
 trust or profit under the authority of this State, or be eligible fo a 
 seat in either House of the General Assembly: Provided, That noth- 
 ing herein contained, shall extend to the appointment of any Office m 
 the militia or Justice of the Peace. 
 
 The Article as amended passed to its third reading. 
 
 The Article apportioning the members of the House of Com*- 
 mons 5 and 
 
 The Article relating to the residence and qualification of voters 
 for the Senate,and persons eligible to the Senate; were each read the 
 third time, and referred to the Committee of seven. 
 
 The Article upon private legislation was taken up for its second 
 reading. 
 
 Mr. Morehead moved to amend the Article by striking out the 2d, 
 Sd and 4th sections, and inserting m lieu thereof the following:* 
 
 The General Assembly shall have no power to pass any private 
 law to effect any object that could be effected by a general law on 
 the subject. 
 
 The question being taken thereon, it was decided in the nega- 
 tive. 
 
 On motion of Mr. Gilliam, the Article was amended by striking 
 out the first and fourth sections. 
 
 On motion of Mr. Meares, the Article was further amended by 
 adding to the third section, as follows i " But shall have power to 
 pass general Laws regulating the same.'-' 
 
 On motion of Mr, Meares, the following was adopted as an addi- 
 tional section : 
 
 The General Assembly shall not have power to pass any private 
 law as to any matter, the power to do which shall have been trans- 
 ferred by a general law to the Courts of the State. 
 
 The article as amended, was read the second time ; and on the 
 question that it pass to its third reading, it was decided in the affir- 
 mative. 
 
 The Article amending the S2d section was taken up and considered. 
 
 Mr. Wilson, of Perquimons, moved to amend it, by striking out l 
 all after the word " That," and inserting in lieu thereof the follow- 
 ing : 
 
 All free men, having the qualifications provided for in the exist- 
 ing Constitution, who upon election and previously to entering upon 
 
JOURNAL OF THE CONVENTION. 89 
 
 a discharge of official duty, shall take the oath of allegiance to this 
 State, and the oaths to support the Constitution of this State, and of 
 the United States, shall be capable of holding any oflicc or place 
 of trust or profit in the civil department within this State. 
 
 Mr. Holmes called for a division of the question ; and the ques- 
 tion being on striking out, it was determined in the negative. Yeas 
 32 — Nays 76. 
 
 The Yeas and Nays were required by one fifth of the members 
 present on the call of Mr. Holmes. 
 
 Those who voted in the affirmative, were 
 
 Messrs. Andres, Averitt, Bonner, Branch, Bailey, Bunting, Carson 
 (Rutherford,) Collins, Daniel, Edwards, Ferebee, Gaston (Craven,) Gas- 
 ton (Hyde,) Gilliam, Hall, Huggins, Howard, Holmes, Kelly, Macon, 
 McPherson, Marchant, Outlaw, Owen, Rayner, Roulhac, Swain, Saw- 
 yer, Skinner, Tayloe, Troy and Wilson — 32 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs* Arrington, Adams, Bower, Baxter, Brittain, Biggs, Birchett, 
 Broadnax, Boddie, Cathey, Cox, Cansler, Cooper, Chambers, Dockery, 
 Dobson, Elliott, Fisher, Faison, Franklin, Gatling, Gaither, Graves, Guinn, 
 Grier, Gaines, Gary, Gray, Giles, Gudger,Hill, Hogan, Hargrave, Hussey, 
 Hooker, Halsey, Jervis, Jones (fVcike,) Jones (Wilkes,) Joiner, King, Lea, 
 Lesueur,McQueen,McMillan,Morris,Melchor,McDiarmid,Morehead, Mar- 
 tin, Montgomery, Moore, Norcom, Parker, Pipkin, Powell (Robeson) Ruffin, 
 Ramsay (Pasquotank) Stallings, Speight (Greene,) Shipp, Seawell, Sherard, 
 Smith, ( Fancy ,)Shober, Toomer, White, Wilson (Edgecomb,) Williams 
 (Franklin,) Williams (Person,) Welch, Wooten, Whitfield, Wellborn, 
 Wilder and Young — 76 Nays. 
 
 The Article was read the second and third time, and referred to 
 the Committe of seven. 
 
 Mr.Branch from the Committee to whom the subject was referred, 
 reported the following Ordinance: 
 
 Be it ordained and declared, bij the Members in this Convention, in 
 Convention assembled, and it is hereby ordained by the authority of the 
 same, That the Amendments to the Constitution of this State, adopt- 
 ed by this Convention, be submitted by the Governor to the people, 
 on the second Monday in November next, days notice being 
 
 given ; and that the polls be opened by the respective Sheriffs, and 
 kept open for days, at the several election precincts in each 
 
 and every county in the State, under the same rules and regulations 
 as now exist, for the election of Members to the General Assembly. 
 That the said Sheriffs be required to compare and certify the results 
 of the elections, on or before the Monday following, and transmit 
 the same in twenty days thereafter, to the Governor of the State. — 
 That all persons qualified to vote for members of the House of Com- 
 mons, may vote for or against a ratification of the Amendments. — 
 Those who wish a ratification of the Amendments, voting with a 
 printed or written Ticket, ii Ratification" — those of a contrary opin- 
 ion, "Rejection." 
 
 12 
 
90 JOURNAL OF THE CONVENTION. 
 
 Further, That it shall be the duty of the Sheriffs to make dupli- 
 cate statements of the polls in their respective counties, sworn to be* 
 fore the Clerk of the County Court; one copy of which shall be de- 
 posited in said Clerk's Office, and the other copy transmitted to the 
 Governor of the State, at Raleigh. 
 
 Be it further ordained by the authority of the same, That when the 
 returns aforesaid shall have been received, the same shall be opened 
 by the Governor in the presence of the Secretary of State and Trea- 
 surer; and in case a majority of the qualified voters of the House of 
 Commons shall be in favor of a ratification of the Amendments, the 
 same shall be forthwith made known by a Proclamation of the Go- 
 vernor to the People of the State. And thereupon, the amended 
 Constitution shall be signed by the Governor, and his signature au^ 
 thenticated by the Great Seal of the State of North Carolina, as an 
 evidence of its having been ratified by the people, and then filed in 
 the office of the Secretary of State* 
 
 Be it further ordained by the authority aforesaid, That the amend- 
 ments thus ratified shall take effect, and be in force, from and after 
 the day of A. D. . Provided, however, that the Go- 
 
 vernor in office shall continue to exercise his functions to the full 
 end and term of the time for which he shall have been elected. 
 
 Be it further ordained, That in the event of the Amendments being 
 ratified by the people, then, and in that case, the ejection for Go- 
 vernor shall take place at the same time, in July and August next, 
 that an election for members of the General Assembly shall be held ; 
 and that it shall be the duty of the respective Sheriffs, to open polls 
 at their various election precincts, for a Governor, and to make du- 
 plicate statements of the polls in their respective counties, sworn to 
 before the Clerk of the County Court — one copy of which shall 
 be deposited in said Clerk's Office, and the other copy sealed and 
 transmitted to the Secretary of State, and by him shall he laid be? 
 fore the Members of the next General Assembly, on the first day of 
 their meeting, and the same shall be opened aud counted hi the pre- 
 sence of both Houses. The person having the greatest number of 
 votes shall be the Governor-elect; provided, however, that he be 
 constitutionally eligible. In case two or more have an equal num- 
 ber of votes, or in case the person having the greatest number be 
 not qualified, then, and in that case, the General Assembly shall 
 proceed to elect by joint ballot. 
 
 The Ordinance was read the first time ; and on motion of Mr» 
 Branch, ordered to be printed. 
 
 And, on motion, the Convention adjourned, 
 
 * 
 
JOURNAL OF THE CONVENTION. 91 
 
 FRIDJir, JULY 10, 1835. 
 
 The Convention met pursuant to adjournment. Prayer by the 
 Rev. Dr. McPhectcrs. 
 
 Mr. Gary submitted the following Resolutions: which lie on the 
 table. 
 
 Resolved, That this Convention tender their thanks to the Authorities of 
 the Presbyterian and Methodist Churches — the former for the use, and the 
 latter for the offer of their Church for the sittings of this Convention. 
 
 Resolved further* That the Members of this Convention, present their 
 thanks to the Rev. Dr. McPheeters and the Rev. Mr. Jamieson, for their 
 services, as Chaplains to this Convention. 
 
 Ordered, That Messrs. Hooker, Speight (Greene,) Bryan, Joiner,Boddie, 
 and Kelly, have leave of absence from and after to-day , for the remainder 
 of the session of this Convention. 
 
 The Convention proceeded to consider the Article relating to Pri- 
 vate Legislation. 
 
 On motion of Mr, Daniel, the Article was amended, by striking 
 out the word " bastard,'' aud inserting the words, " any person not 
 born in lawful wedlock." 
 
 On motion of Mr. Mearcs, the Article was further amended by 
 striking out the third section, and inserting the following: 
 
 The General Assembly shall not pass any private law, unless it 
 shall be made to appear that thirty days notice of application to 
 pass such law, shall have been given under such direction, and in such 
 manner as shall be provided by law. 
 
 The Article as amended, was read the third time, and referred to 
 the Committee of seven. 
 
 The Article declaring the mode of appointing Militia Officers, was 
 taken up for its second reading. 
 
 On motion of Mr. Guinn, the Article was amended by striking 
 out all after the word " That," and inserting in lieu thereof, the 
 following: 
 
 The General Assembly shall have power to pass laws regulating 
 the mode of appointing and removing Militia Officers. 
 
 The Article as amended, was read the second and third time, and 
 referred to the Committee of seven* 
 
 The Article relating to the election of Governor was taken up for 
 its second reading. 
 
 Mr. Shober submitted the following amendment, as an additional 
 section to the Article. 
 
 The returns of every election for Governor, shall be sealed up 
 and transmitted to the seat of Government by the returning Officers, 
 directed to the Speaker of the Senate, who shall open and publish 
 them in the presence of a majority of the members of both Houses of 
 the General Assembly. The person having the highest number of 
 votes, shall be Governor ; but if two or more shall be equal and 
 
92 JOURNAL OF THE CONVENTION. 
 
 highest in votes, one of them shall he chosen Governor, hy 
 joint vote of both Houses of the General Assembly. Contested elec- 
 tions for Governor shall be determined by both Houses of the Gene- 
 ral Assembly, in such manner as shall be prescribed by law. 
 
 Mr. Seawell moved to amend the amendment by striking out the 
 words " the highest number of votes, shall be Governor ; but if two 
 or more shall be equal and highest in votes, one of them shall be 
 chosen Governor by joint vote of both Houses of the General Assem- 
 bly," and inserting in lieu thereof, " a majority of the whole votes 
 given shall be considered duly elected ; but in case no one shall re- 
 ceive a majority, the General Assembly shall, by joint hallot of 
 both Houses, appoint a Governor from the three having the highest 
 number of votes." 
 
 On the question of adopting the amendment, it was determined in 
 the negative. Yeas 37 — Nays 66. 
 
 The Yeas and Nays were required by one fifth of the members 
 present, on the call of Mr. Ramsay of Pasquotank. 
 
 Those who voted in the affirmative were 
 
 Messrs. Arrington, Baxter, Bailey, Bunting, Calvert, Collins, Edwards, 
 Ferebee, Gatling, Gaither, Gaston (Crav en,) Gaston (Hyde,) Gilliam, Gary, 
 Hill, Hall, Huggins, Howard, Halsey, Holmes, Jones (Wake,) Jacocks, 
 Macon, Melchor, McPherson, Marchant, Marsteller, Norcom, Outlaw, 
 Pipkin, Rayner, Ramsay (Pasquotank,) Roulhac, Skinner, Seawell, Troy, 
 and Toomer — 37 Yeas. 
 
 Those who voted in the negative were 
 
 Messrs. Andres, Adams, Bower, Bonner, Brittain, Birchett, Brodnax, 
 Cathey, Cansler, Cooper, Chambers, Carson (Rutherford,) Daniel, Dockery, 
 Dobson, Elliott, Fisher, Faison, Frauklin, Graves, Guinn, Grier, Gaines, 
 Gray, Giles, Gudger,Hogan, Hargrave, Hussey, Hutcheson, Jervis, Jones 
 i^'ilkes,) King, Kelly, Lea, Lesueur, McQueen, Moms, McMillan, Mc- 
 Diarmid, Morehead, Martin, Montgomery, Meares, Moore, Owen, Par- 
 ker, Powell (Robeson,) Ruffin, Swain, Spaight (Craven,) Stallings, Shipp, 
 Sherard, Smith (Fancy,) Shober, White, Wilson (Edgecomb,) Wilson 
 (Perquimons,) Williams (Franklin,) Williams (Person,) Whitfield, Welch, 
 Wellborn, Wilder and Young — 66 Nays. 
 
 And the question recurring on Mr. Shober's amendment, it was 
 determined in the affirmative. 
 
 On motion of Mr. Shober, the Article was further amended by 
 adding thereto, as follows: 
 
 The Governor elect shall enter on the duties of the office, on the 
 first day of January thereafter, having previously taken the oath of 
 Office in presence of the members of both branches of the General 
 Assembly, or before the Chief Justice of the Supreme Court, who, 
 in case the Governor elect should be prevented from attendance be- 
 fore the General Assembly, by sickness or other unavoidable cause, 
 is authorised to administer the same. 
 
 The Article as amended, was read the second and third time, and 
 referred to the Committee of seven. 
 
JOURNAL OF THE CONVENTION. 93 
 
 The Article declaring that no person who holds Office under the 
 United States, shall hold Office under this State, was taken up, and 
 considered. 
 
 On motion of Mr. Daniel, the Article was amended by striking 
 out the words " the appointment of." 
 
 On motion of Mr. Gaither, the Article was further amended by 
 striking out the words " or under any of the said States, or under 
 any foreign," and inserting in lieu thereof, "this State, or any 
 other State or." Also, by inserting after the words l exercise any,* 
 the word < other.' 
 
 The Article was read the third time, and referred to the Commit- 
 tee of seven. 
 
 The Article relating to biennial sessions of the General Assembly 
 and the election of Secretary, Treasurer, Comptroller and Council 
 of State, was taken up for its second reading. 
 
 On motion of Mr. Daniel, the Article was amended by striking 
 out the word "Comptroller." 
 
 The Article as amended was read the second and third time, and 
 referred to the Committee of seven. 
 
 The Convention took up for its second reading the, Ordinance re- 
 ported by the Committee. 
 
 On motion of Mr. Fisher, the first blank was filled with the word 
 "thirty:" 
 
 On motion of Mr. Halsey, the second blank was filled with the 
 word "three." 
 
 On motion of Mr. Fisher, the Ordinance was amended by striking 
 out the word "being" and inserting w having been." 
 
 On motion of Mr. Fisher, the second section was amended by strik- 
 ing out "qualified voters of the House of Commons." and inserting 
 in lieu thereof "votes polled." 
 
 On motion of Mr. Gaston of Craven, the same section was fur- 
 ther amended by striking out all of the section after the words 
 "And thereupon," and inserting in lieu thereof as follows: 
 
 The Governor shall cause to be endorsed on the amendments as 
 enrolled by order of the Convention, or shall annex thereunto a cer- 
 tificate under his signature, declaring that the said amendments have 
 been ratified by the people of North Carolina, and the Secretary of 
 State shall countersign the said certificate and annex thereto the 
 Great Seal of State; and the said amendments so enrolled, with the 
 certificate aforesaid, shall be forever kept among the archives of the 
 State, in the office of the Secretary aforesaid. 
 
 On motion of Mr. Meares, the blanks in the third section were 
 filled as follows, viz: "1st January, 1836." 
 
 On motion of Mr. Gaston of Craven, the third section was amend- 
 ed by striking out all of said section after the word "Governor," 
 and inserting in lieu thereof "the Council of State, the Secretary of 
 State, and the Public Treasurer, who may then be in office, shall 
 
91 JOURNAL OF THE CONVENTION. 
 
 severally continue to exercise their respective functions until the Go- 
 vernor, Council of States Secretary of State, and Public Treasurer* 
 appointed under the amended Constitution, shall enter upon the du- 
 ties of their office. 
 
 On motion of Mr. Gaston of Craven, the last section was stricken 
 out. 
 
 The Ordinance as amended was read ; and on the question that 
 it pass to its third reading, it was determined in the affirmative. 
 
 The Convention proceeded to consider the Report upon circulating 
 the proceedings of the Convention. 
 
 Mr. Fisher submitted the following Resolutions as a substitute for 
 the Report: 
 
 Resolved, That two hundred and seventy-five copies of the Journal of the 
 Convention be printed, to be distributed as follows, viz: one copy to the 
 Executive Department of the United States, and of the several States; one 
 copy to be deposited in the office of the Clerk of the County Court of each 
 county in this State,* one copy to each member of this Convention, and fifty 
 copies to be deposited in the Public Library, the Library of the University, 
 and the Offices of Heads of Departments, in such proportions as may be di- 
 rected by the Governor of this State. 
 
 Resolved, That there be printed one hundred and twenty-five copies of 
 the Constitution and the amendments adopted by the Convention, to be 
 distributed under the direction of the Governor, for each county entitled to 
 one member in the House of Commons, and in like proportion for counties 
 entitled to a greater number of Representatives, and one hundred and tWen- 
 ty-five copies for each Senatorial District, making the aggregate number of 
 twenty-one thousand two hundred and fifty. 
 
 On motion of Mr. Jlalsey, the second Resolution was amended by 
 inserting after the Word "District," the words ••and one copy to 
 be deposited in the office of the Clerk of the County Court of each 
 county." 
 
 The Resolutions Were read as amended, and adopted. 
 
 The Convention proceeded to consider the Report of the Commit- 
 tee setting forth that it is inexpedient to amend the Constitution so 
 as to provide that no Judge of the Supreme Court shall be eligible 
 to any office, nor any Judge of the Superior Court to any other of- 
 fice than that of Judge of the Supreme Court, while retaining his 
 Judicial appointment. 
 
 And on the question of concurring in the Report, it was determined 
 in the affirmative. 
 
 The Ordinance was taken up for its third reading. 
 
 Mr. King moved to amend the Ordinance by striking out "three" 
 and inserting "two." 
 
 And the question being had thereon, it was determined in the ne- 
 gative. 
 
 The Ordinance was then read the third time, and referred to the 
 Committee of seven. 
 
 Mr. Swain submitted the following Article: 
 
JOURNAL OF THli CONVENTION. 95 
 
 That the General Assembly shall meet biennially until the year 
 1842, and either annually or biennially thereafter, as the General 
 Assembly, which will be held in that year, may determine. 
 The said Article was read the first time. 
 
 Mr. Gaston of Craven, from the Committee who were appointed 
 to examine, correct and classify the several amendments passed by 
 the Convention, reported the same, as follows: 
 
 Whereas the General Assembly of North-Carolina, by an act, 
 passed the sixtli day of January, one thousand eight hundred and 
 thirty-five, entitled " an act concerning a Convention to amend the 
 Constitution of the State," and by an act, supplemental thereto, pass- 
 ed on the eighth day of January, one thousand eight hundred and 
 thirty-five, did direct that polls should be opened in every election 
 precinct throughout the State, for the purpose of ascertaining wheth- 
 er it was the will of the freemen of North-Carolina, that there should 
 be a Convention of Delegates, to consider of certain amendments 
 proposed to be made in the Constitution of said State ; and did fur- 
 ther direct that, if a majority of all the votes polled by the freemen 
 of North-Carolina should be in favor of holding such Convention, 
 the Governor should, by proclamation, announce the fact, and there- 
 upon, the freemen aforesaid should elect delegates to meet in Con- 
 vention at the city of Raleigh, on the first Thursday in June, one thous- 
 and eight hundred and thirty-five, to consider of the said amend- 
 ments: And whereas, a majority of the freemen of North-Carolina 
 did, by their votes, at the polls so opened, declare their will that a 
 Convention should be had, to consider of the amendments proposed, 
 and the Governor did, by proclamation, announce the fact that their 
 will had been so declared, and an election for delegates to meet in 
 Convention as aforesaid, was accordingly had: Now therefore, we, 
 the Delegates of the good people of North-Carolina, having assem- 
 bled in Convention, at the city of Raleigh, on the first Thursday 
 in June, one thousand eight hundred and thirty-five, and having con- 
 tinued in session, from day to day, until the eleventh of July; one 
 thousand eight hundred and thirty-five, for the more deliberate con- 
 sideration of said amendments, do now submit to the determination 
 of all the qualified voters of the State, the following amendments in 
 £he Constitution thereof, that is to say: 
 
 ARTICLE I. 
 
 SECTION 1. 
 
 § 1. The Senate of this State shall consist of fifty Representa- 
 tives, biennially chosen by ballot, and to be elected by districts ; 
 which districts shall belaid off by the General Assembly, at its first 
 session after the year one thousand eight hundred and forty-one ; 
 and afterwards, at its first session after the year one thousand eight 
 hundred and fifty-one; and then every twenty years thereafter, in 
 proportion to the public taxes paid into the Treasury of the State, 
 
 ■r 
 
 V 
 
96 JOURNAL OF THE CONVENTION. 
 
 by the citizens thereof; and the average of the public taxes 
 paid by each county into the Treasury of the State, for the five 
 years preceding the laying off of the districts, shall be considered as 
 its proportion of the public taxes, and constitute the basis of appor- 
 tionment: Provided, That no county shall be divided in the forma- 
 tion of a Senatorial district. And when there are one or more 
 counties having an excess of taxation above the ratio to form a Se- 
 natorial district, adjoining a county or counties deficient in such ra- 
 tio, .the excess or excesses aforesaid shall be added to the taxation 
 of the county or counties deficient, and if, with such addition, the 
 county or counties receiving it, shall have the requisite ratio, such 
 county and counties each, shall constitute a Senatorial district. 
 
 § 2. The House of Commons shall be composed of one hundred 
 and twenty representatives, biennially chosen by ballot, to be elect- 
 ed by counties according to their federal population, that is, accord- 
 ing to their respective numbers, which shall be determined by add- 
 ing to the whole number of free persons, including those bound to 
 service for a term of years, and excluding Indians not taxed, three 
 fifths of all other persons, and each county shall have at least one 
 member in the House of Commons, although it may not contain the 
 requisite ratio of population. 
 
 § 3. This apportionment shall be made by the General Assem- 
 bly, at the respective times and periods when the districts for the Se- 
 nate are hereinbefore directed to be laid off; and the said appor- 
 tionment shall be made according to an enumeration to be ordereu 
 by the General Assembly, or according to the census which may be 
 taken by order of Congress, next preceding the period of making 
 such apportionment. 
 
 § 4. In making the apportionment in the House of Commons, 
 the ratio of representation shall be ascertained by dividing the 
 amount of Federal population in the State, after deducting that com- 
 prehended within those counties which do not severally contain the 
 one hundred and twentieth part of the entire Federal population 
 aforesaid, by the number of Representatives less than the number 
 assigned to the said counties. To each county containing the said 
 ratio, and not twice the said ratio, there shall be assigned one 
 Representative; to each county containing twice, but not three 
 times the said ratio, there shall be assigned two Representatives, 
 and so on progressively, and then the remaining Representatives 
 shall be assigned severally to the counties having the largest frac- 
 tions. 
 
 section 2. 
 
 § 1. Until the first session of the General Assembly, which shall 
 be had after the year eighteen hundred and forty-one, the Senate 
 shall be composed of members to be elected from the several districts 
 hereinafter named, that is to say, the 1st district shall consist of 
 the counties of Perquimons and Pasquotank ; the 2d district, of 
 Camden and Currituck ; the 3d district, Gates and Chowan; the 
 
JOURNAL OF THE CONVENTION. 97 
 
 4th district, Washington and Tyrrell ; the 5th district, Northamp- 
 ton ; the 6th district, Hertford ; the 7th district, Bertie; the 8th 
 district, Martin ; the 9th district, Halifax; the 10th district, Nash; 
 the 11th district, Wake; the 12th district, Franklin; the 13th dis- 
 trict, Johnston ; the 14th district, Warren; the 15th district, Edge- 
 comb ; the 16th district, Wayne; the 17th district, Greene and Le- 
 noir; the 18th district, Pitt; the 19th district, Beaufort and Hyde; 
 the 20th district, Carteret and Jones; the 21st district, Craven; 
 the 22d district, Chatham ; the 23d district, Granville; the 24th 
 district, Person ; the 25th district, Cumberland ; the 26th district, 
 Sampson ; the 27th district, New-Hanover; the 28th district, Du- 
 plin; the 29th district, Onslow; the 30th district, Brunswick, Bla- 
 den, and Columbus; 31st district, Robeson and Richmond; the 32d 
 district, Anson ; the 33d district, Cabarrus; the 34th district, 
 Moore and Montgomery; the 35th district, Caswell; t'ic 36th dis- 
 trict, Rockingham ; the 37th district, Orange; the *8th district, 
 Randolph; the 39th district, Guilford; the 40th dis/rict, Stokes; 
 the 41st district, Rowan ; the 42d district, Davidso/; the 43d dis- 
 trict, Surry; the 44th district, Wilkes and Ashe; 1le 45th district, 
 Burke and Yancy; the 46th district, Lincoln; tfa 47th district, 
 Iredell ; the 48th district, Rutherford; the 49th d^trict, Buncombe, 
 Haywood and Macon; the 50th district, Meckh«hurg: — each dis 
 trict to be entitled to one Senator. / 
 
 § 2. Until the first session of the General,/ Assembly after the 
 year eighteen hundred and forty-one, the House of Commons shall 
 be composed of members elected from the co/^ties in the following 
 manner, viz: The counties of Lincoln and Grange shall elect four 
 members each. The counties of Burke, Oiatham, Granville, Guil- 
 ford, Halifax, Iredell, Mecklenburg, R/wan, Rutherford, Surry, 
 Stokes, and Wake shall elect three members each. The counties 
 of Anson, Beaufort, Bertie, Buncombe/Cumberland, Craven, Cas- 
 well, Davidson, Duplin, Edgecomb, Jiranklin, Johnston, Montgom- 
 ery, New-Hanover, Northampton, Person, Pitt, Randolph, Robe- 
 son, Richmond, Rockingham, Sa/ipson, Warren, Wayne, and 
 Wilkes shall elect two members ea/h. The counties of Ashe, Bla- 
 den, Brunswick, Camden, Colum/us, Chowan, Currituck, Carteret, 
 Cabarrus, Gates, Greene, Haywood, Hertford, Hyde, Jones, Le- 
 noir, Macon, Moore, Martin, JVash, Onslow, Pasquotank, Perqui- 
 mons, Tyrrell, Washington a/id Yancy shall elect one member 
 each. 
 
 SECTION" 3. 
 
 § 1. Each member of the Senate shall have usually resided in 
 the district for which he is chosen for one year immediately prece- 
 ding his election, and for the same time shall have possessed and 
 continue to possess in the district which he represents, not less than 
 three hundred acres of land in fee. 
 
 § 2. All free men of the age of twenty-one years, (except as is 
 hereinafter declared) who have been inhabitants of any one district 
 13 
 
98 JOURNAL OF THE CONVENTION. 
 
 within the State twelve months immediately preceding the day of any 
 election, and possessed of a freehold within the same district of fif- 
 ty acres of land, for six months next before and at the day of elec- 
 tion, sliall he entitled to vote for a member of the Senate. 
 
 § 3. No free negro, free mulatto, or free person of mixed blood, 
 descended from negro ancestors to the fourth generation inclusive, 
 (though one ancestor of each generation may have been a white per- 
 son,) shall vote for members of the Senate or House of Commons. 
 
 SECTION 4. 
 
 § 1. In the election of all officers, whose appointment is confer- 
 red on the General Assembly by the Constitution, the vote shall be 
 viva voce. \ 
 
 § 2. The General Assembly shall have power to pass laws re- 
 gulating tht mode of appointing and removing Militia Officers. 
 
 § 3. Tin General Assembly shall have power to pass general 
 laws regulating divorce and alimony, but shall not have power to 
 grant a divorce or secure alimony in any individual case. 
 
 § 4. The General Assembly shall not have power to pass any 
 private law, to alter the name of any person, or to legitimate any 
 persons not boriiin lawful wedlock, or to restore to the rights of 
 citizenship any p>rson convicted of an infamous crime; but shall 
 have power to pasi general laws regulating the same. 
 
 § 5. The Genei-U Assembly shall not pass any private law, un- 
 less it shall be madtto appear that thirty days notice of application 
 to pass such law shal have been given, under such directions and 
 in such manner as shrtl be provided by law. 
 
 § 6. If vacancies slall occur by death, resignation or otherwise, 
 before the meeting of the General Assembly, writs may be issued by 
 the Governor, under suchregulations as maybe prescribed by law. 
 
 § 7. The General Assembly shall meet biennially, and at each 
 biennial session shall elect, k y joint vote of the two Houses, a Se- 
 cretary of State, Treasurer aul Council of State, who shall con- 
 tinue in office for the term of tyo years. 
 
 — " »*@ ©«•••-» 
 
 ARTICLE II. 
 
 § 1. The Governor shall be ch^en by the qualified voters for 
 the members of the House of Commons, at such time and places as 
 members of the General xlssembly are elected. 
 
 § 2. He shall hold his office for the term i»C two years from the 
 time of his installation, and until another shall be elected and quali- 
 fied ; but he shall not be eligible more than four years in any term 
 of six years. 
 
 § 3. The returns of every election for Governor shall be sealed 
 up and transmitted to the Seat of Government, by the returning 
 officers, directed to the Speaker of the Senate, who shall open and 
 publish them in the presence of a majority of the members of both. 
 
JOUKNAL OF THE CONVENTION'. 99 
 
 Houses of the Genera! Assembly. The person having (| IC highest 
 number of votes shall be Governor; but if two op more shall be 
 equal and highest in votes, one of them shall be chosen Governor 
 by joint vote of both Houses of the General Assembly. 
 
 § 4. Contested elections for Governor shall be determined by 
 both Houses of the General Assembly, in such manner as shall be 
 prescribed by Jaw. 
 
 $_&. The Governor elect shall enter on the duties of the office 
 on the first day of January next after his election, having peevious- 
 y taken the oaths of office in the presence of the members of both, 
 branches of the General Assembly, or before the Chief-Justice of 
 the Supreme Court, who, in case the Governor elect should be pre- 
 vented from attendance before the General Assembly, by sickness, 
 or other unavoidable cause, is authorised to administer the same. 
 
 ARTICLE III. 
 
 SECTION 1. 
 
 $ 1. The Governor, Judges of the Supreme Court, and Judges 
 ot the Superior Courts, and all other officers of this State, fexcSut 
 Justices of the Peace and Militia Officers,) may be impeached fir 
 wilfully violating any Article of the Constitution, mal-administra- 
 tion or corruption. 
 
 § 2. Judgment, in cases of Impeachment, shall not extend' fur- 
 ther than to removal from office and disqualification to hold and en- 
 joy any office of honor, trust or profit under this State ; but the par- 
 ty convicted may nevertheless be liable to indictment, trial, f de- 
 ment and punishment according to law. 
 
 § 3. The House of Commons shall have, the sole power of im- 
 peachment. The Senate shall have the sole power toTy all m- 
 peachments No person shall be convicted upon any impeachment 
 unless two-thirds of the Senators present shall concur Tsnc hTa 
 
 thfsen ; at?,b:n , 'r ,et, ' ia,0f , a,,y *****»*. the members of 
 the Senate sha 1 take an oath or affirmation truly and impar- 
 tially to try and determine the charge in question, according toe! 
 
 SECTION 2. 
 
 § 1 . Any Judge of the Supreme Court, or of the Superior Courts, 
 toay be removed from office for mental or physical ii S Hty uwn 
 
 Sft^S^l^J ir dg8 i aga ' nSt w,,om the L egisIaturo may be 
 bout to proceed, shall receive notice thereof, accompanied by a copy 
 f the causes alleged for his removal, at least twenty days Se 
 
 g&j on which either branch of the General Asselly ?hall act 
 
100 JOURNAL OF THE CONVENTION. 
 
 § 2. The Salaries of the Judges of the Supreme Court, or of the 
 Superior Courts, shall not be diminished during their continuance 
 in office. 
 
 section 3« 
 
 Upon the conviction of any Justice of tlie Peace, of any infamous 
 crime, or of corruption and mal-practicc in office, the commission of 
 such Justice shall be thereby vacated, and he shall be forever dis- 
 qualified from holding such appointment. 
 
 section 4. 
 The General Assembly, at its first session after the year one 
 thottsawi eight hundred and thirty-nine, and from time to time 
 thereafter, shall appoint an Attorney General, who shall be com- 
 missioned by the Governor, and shall hold his office for the term of 
 four years ; but if the General Assembly should hereafter extend 
 the term during which Solicitors of the State shall hold their offices, 
 then they shall have power to extend the term of office of the Attor- 
 ney General to the same period. 
 
 —'«>* © &<«.— 
 ARTICLE IV. 
 
 SECTION 1. 
 
 § 1. No Convention of the People shall he called by the General 
 Assembly, unless by the concurrence of two-thirds of all the mem- 
 bers of each House of the General Assembly. 
 
 § 2. No part of the Constitution of this State shall be altered, 
 unless a Bill to alter the same shall have been read three times in 
 each House of the General Assembly, and agreed to by three-fifths 
 of the whole number of members of each House respectively; nor 
 shall any alteration take place until the bill so agreed to shall have 
 been published six months previous to a new election of members to 
 the General Assembly. If. after such publication, the alteration 
 proposed by the preceding General Assembly shall be agreed to in 
 the first session thereafter, by two-thirds of the whole Represen- 
 tation in each House of the General Assembly, after the same shall 
 have been read three times on three several days, in each House, 
 then the said General Assembly shall prescribe a mode by which 
 the Amendment or Amendments may be submitted to the qualified 
 voters of the House of Commons throughout the State; and if, upon 
 comparing the votes given in the whole State, it shall appear that a 
 majority of the voters have approved thereof, then, and not other- 
 wise, the same shall become a part of the Constitution, 
 
 section 2. 
 
 The Thirty-second Section of the Constitution shall be amended 
 
 to read as follows : No person who shall deny the being of God, or 
 
 the truth of the Christian Religion, or the divine authority of the Old 
 
 or Ncw r Testament, or who shall hold Religious principles incompa-^ 
 
JOURNAL OF THE CONVENTION. iOt 
 
 tibic with the freedom or safety of the State, shall be capable of 
 holding any office or place of trust or profit in the Civil department 
 within this Slate. 
 
 SECTION" S. 
 
 § 1. Capitation tax shall he equal throughout the Slate, upon all 
 individuals subject to the same. 
 
 § k. All free males over the age of twenty-one years, and under 
 the age of forty-five years, and all slaves over the age of twelve 
 years, and under the age of fifty years, shall besubjectto capitation 
 tax, and no other person shall be subject to such tax ; provided, that 
 nothing herein contained shall prevent exemptions of taxable Polls, 
 as heretofore prescribed by law, in cases of bodily infirmity. 
 
 section 4. 
 No person who shall hold any office or place of trust or profit un- 
 der the United States, or any department thereof, or underthis State, 
 or any other State or Government, shall hold or exercise any other 
 office or place of trust or. profit under the authority of this State, or 
 he eligible to a scat in either House of the General Assembly : Pro- 
 vided, that nothing herein contained shall extend to Officers in the 
 Militia or Justices of the Peace. 
 
 ■ 
 
 The Amendments were read, and the question being — " Shall 
 they pass the final reading and be enrolled ?" 
 
 Mr. Seawell moved that the question be taken separately on each 
 Section. 
 
 The Chair decided that the motion was not in order, and that the 
 vote must be taken on the Amendments as a whole, like a Bill on its 
 final passage. 
 
 From this decision, Mr. Seawell appealed to the Convention. 
 
 And on the question — *' Is the decision of the President correct?" 
 it was determined in the affirmative — Yeas 87, Nays 11. 
 
 The Yeas and Nays were required by one fifth of the members 
 present, on the call of Mr. Seawell. 
 
 Those who voted in the affirmative were, 
 
 Messrs. Andres, Arlington, Adams, Bower, Bonner, Baxter, Brittain, 
 Bailey, Bir.chett, Brodnax, Cathey, Cansler, Chambers, Collins, Daniel, 
 D'ockery, Dobson, Elliott, Edwards, Ferebee, Fisher, Faison, Franklin, 
 Gatling, Gaither, Graves, Gaston {Craven,') Gilliam, Guinn, Grier, Gaines, 
 Gary, Gray, Giles, Giulger, Hill, Hall, Hogan, Hargrave, Hussey, Hug- 
 gins, Howard, Halsey, Holmes, Jervis, Jones [Wilkes,) Jacocks, King, 
 Lea, Lesueur, McQueen, Morris, McMillan, Melchor, McPherson, Mc- 
 Diarmid, Marohant, Morehead, Martin, Marsteller, Meares, Owen, Parker, 
 Pipkin, Powell (Robeson) Ramsay (Chatharil,) Ramsay (Pasquotank,) Ray- 
 ner, Roulhac, Swain, Skinner, Spaight {Craven.) Stallings, Shipp, Sher- 
 ard, Smith (Fancy,) Toomer, White, Wilson (Edgecomb,) Wilson (Per- 
 quimons,) Williams (Franklin,) Williams (Person,) Welch, Whitfield, 
 Wellborn, Wilder and Young — 87 Yeas. 
 
 Those who voted in the negative were 
 
<i 
 
 102 JOURNAL OF THE CONVENTION. 
 
 Messrs. Bunting, Hutcheson, Jones (Wake,) Kelly, Montgomery, Moore, 
 Norcom, Outlaw, Ruffin, Seavveli and Shober — 11 Nays.^ 
 
 And the question being on the passage of the Amendments to be 
 enrolled, it was determined in the affirmative — Yeas 81, Nays 20. 
 
 The Yeas and Nays Mere required by one fifth of the members 
 present, on the call of Mr. Edwards. 
 
 Those who voted in the affirmative, were 
 
 Messrs. Arlington, Adams, Bower, Brittain, Bailey, Birchett, Brodnax, 
 Cathey, Cansler, Chambers, Carson (Rutherford,) Collins, Daniel, Dock- 
 ery, Dobson, Elliott, Ferebee, Fisher, Faison, Franklin, Gatling, Gaither, 
 Graves, Gaston [Craven,) Gilliam, Guinn, Grier, Gaines, Gray, Giles, 
 Gudger, Hogan, Hargrave, Hussey, Hutcheson, Halsey, Holmes, Jervis, 
 Jones (Wilkes,) King, Kelly, Lea, Lesueur, McQueen, Morris, McMil- 
 lan, Melchor, McPherson, McDiarmid, Marchant, Morehead, Martin, 
 Marsteller, Montgomery, Meares, Moore, Outlaw, Owen, Parker, Pow- 
 ell {Robeson,) Ramsay (Chatham,) Ramsay [Pasquotank,) Roulhac, Swain, 
 Skinner, Spaight [Craven,) Stallings, Shipp, Seawell, Sherard, Smith [Tan- 
 ey,) Shober, Troy, Toomer, White Welch, Wilson (Pevquimons,) Willi- 
 ams (Person,) Wellborn, Wilder and Young — 81 Yeas. 
 
 Those who voted in the negative, were 
 
 Messrs. Bonner, Baxter, Bunting, Cooper, Calvert, Edwards, Gary, 
 Hall, Huggins, Howard, Jones [Wake,) Jacocks, Macon, Norcom, Pipkin, 
 Ruffin, Rayner, Wilson (Edgecomb,) Whitfield, and Williams (Franklin,) 
 
 —20 Nays. 
 
 Mr. Andres was, on his motion, excused from voting on this ques- 
 tion. • 
 
 Mr. Gaston, of Craven, introduced the following Resolutions : 
 
 Resolved, That the Secretaries and Door-keepers of this Convention be 
 allowed the same compensation which is paid by the General Assembly to 
 the officers who render similar services to that body. 
 
 Resolved, That a Committee of three be appointed, who shall, after the 
 adjournment of the Convention, audit and certify to the Governor all other 
 claims on account of the contingent expenses ot the Convention. 
 
 These Resolutions were read, and severally adopted. 
 
 Messrs. Gaston, of Craven, Daniel and Seawell compose the Com- 
 mittee raised on the second Resolution. 
 
 And, on motion, the Convention adjourned. 
 
 SATURDAY, JULY 11, 1835. 
 
 The Convention met, pursuant to adjournment-. Prayer by the 
 Rev. Dr. McPheeters. 
 
JOURNAL OF THE CONVENTION. 103 
 
 On motion of Mr. Gary, the Convention proceeded to consider 
 the following Resolutions : 
 
 Resolved, That this Convention tender their thanks to the Authorities of 
 the Presbyterian and Methodist Churches — the former for the use, and the 
 latter for the offer of their Church for the sittings of this Convention. 
 
 Resolved further* That the Members of this Convention, present their 
 thanks to the Rev. Dr. McPheeters and the Rev. Mr. Jamieson, for their 
 services, as Chaplains to this Convention. 
 
 Mr. Gary submitted the following additional Resolution : 
 
 Resolved, further, That the Rev. Dr. McPheeters be requested to fur- 
 nish a copy of his Prayer offered upon this day, and that die Secretary cause 
 the same to be entered on the Journals of this Convention. 
 
 On motion of Mr. Carson, of Burke, the second Resolution was 
 amended by adding thereto : — " And that they be requested to ac- 
 cept Fifty dollars each, for their attention as Chaplains. " 
 
 The Resolutions were read as amended, and the question being ta- 
 ken on their adoption, it was determined in the affirmative. 
 
 Mr. Gaston, of Craven, from the Committee of seven, reported the 
 following Ordinance for its final reading : 
 
 To carry into effect the Amended Constitution. 
 
 Be it ordained and declared, by the Delegates to this Convention,, in 
 Convention assembled, and it is hereby ordained by the authority of the 
 same, That the Amendments to the Constitution of this State, adopt- 
 ed by this Convention, be submitted by the Governor to the people, 
 on the second Monday in November next, thirty days notice having 
 been given ; and that the polls be opened by the respective Sheriffs, 
 and kept open for three successive days, at the several election pre- 
 cincts in each and every county in the State, under the same rules and 
 regulations as now exist, for the election of Members to the General 
 Assembly. That the said Sheriffs be required to compare and certify 
 the results of the elections, on or before the Monday following, and 
 transmit the same in twenty days thereafter, to the Governor of the 
 State. That all persons qualified to vote for members of the House 
 of Commons, may vote for or against a ratification of the Amend- 
 ments. Those who wish a ratification of the Amendments, voting 
 with a printed or written Ticket, "Ratification" — those of a contrary 
 opinion, "Rejection." 
 
 Further, That it shall be the duty of the Sheriffs to make dupli- 
 cate statements of the polls in their respective counties, sworn to be- 
 fore the Clerk of the County Court ; one copy of which shall be de- 
 posited in said Clerk's Office, and the other copy transmitted to the 
 Governor of the State, at Raleigh. 
 
 Be it further ordained ly the authority of the same, That when the 
 returns aforesaid shall have been received, the same shall be opened 
 by the Governor in the presence of the Secretary of State and Trea- 
 
101 JOURNAL OF THE CONVENTION. 
 
 surer; and in case a majority of the votes polled shall be in favor of 
 a ratification of the Amendments, the same shall he forthwith made 
 known by a Proclamation of the Governor to the People of the State. 
 And thereupon, the Governor shall cause to be endorsed on the A- * 
 mendments, as enrolled by order of the Convention, or shall annex j 
 thereunto a certificate under his signature, declaring that the said 
 Amendments have been ratified by the people of North-Carolina, 
 and the Secretary of State shall countersign the said certificate and 
 annex thereto the Great Seal of the State, and the said Amendments 
 so enrolled with the certificate aforesaid shall be forever kept among 
 the archives of the State, in the Office of the Secretary aforesaid. 
 
 Be it further ordained by the authority aforesaid, That the Amend- 
 ments thus ratified shall take effect, and be in force, from and after 
 the first day of January, A. D. one thousand eight hundred and thir- 
 ty-six : Provided, however, that the Governor, the Council of State, 
 the Secretary of State and the Public Treasurer, who may then be 
 In office, shall severally continue to exercise their respective func- 
 tions, until the Governor, Council of State, Secretary of State and 
 Public Treasurer, appointed under the amended Constitution, shall 
 enter upon the duties of their office. 
 
 The Ordinance was read, and, on the question that it pass its final 
 reading and be signed by the President and Secretaries, it was de- 
 termined in the affirmative. 
 
 Mr. Gaston* of Craven, called up the following Resolution intro- 
 duced by him on yesterday. 
 
 Resolved, That the thanks of this Convention are due, and are hereby 
 respectfully and affectionately tendered to the Hon. Nathaniel Macon, 
 their venerable President, for the distinguished ability, dignity and impar- 
 tiality, with which he has discharged the duties of his station. 
 
 On the motion of Mr. Carson, of Burke, the members voted stand- 
 ing, and the Resolution was unanimously adopted. 
 
 Whereupon, the President addressed the Convention as follows : 
 
 Gentlemen : — The merits which you have ascribed tome, in the per- 
 formance of my duty in the Chair, belong to you. I have been for a long 
 time engaged in public business ; and, though no one will charge me with 
 being a flatterer, I must say, that I have never witnessed so much good or- 
 der and decorum of conduct in any public body with which I have been 
 connected. When I entered upon the important duties to which the Con- 
 vention in their kindness called me, I was fearful that I should not have 
 been able to discharge them with any satisfaction to myself or to the Con- 
 vention, nor should I, without your attentive aid and assistance. To you, 
 therefore, my thanks are due for all your kindness. 
 
 This, I expect, will be the last scene of my public life. We are about 
 to separate; and it is my fervent prayer, that you may each of you reach 
 home in safety, and have a happy meeting with your family and friends, 
 and that your clays may be long, honorable and happy. 
 
 While my life is spared, if any of you should pass through the county in 
 which I live, I shall be glad to see you. 
 
JOURNAL OF THE CONVENTION. 405 
 
 The Ordinance and the Amendments to the Constitution were 
 then signed by the President and Secretaries. 
 
 And on motion of Mr. Gaston, of Craven, the Convention adjourn- 
 ed, sine die. 
 
 Teste. EDMUND B. FREEMAN, 
 
 Secretary of the Convention. 
 
 ■ JMOOJi 
 
 CoiicludiBig Prayer. 
 
 Almighty and most mehciful God! — the Creator of the Heavens and 
 of the Earth, and the Ruler of all worlds! 
 
 In the name of Jesus Christ, thy Son, we desire to draw nigh unto 
 thee. 
 
 Thou art our preserver and kind benefactor. From the cradle to the 
 present moment, we have shared largely in thy goodness and Providential 
 care. Thou hast given us our health and friends and all our earthly com- 
 forts. 
 
 But we thank thee, Oh! Lord, especially, for the Gospel of the grace of 
 God, in which thou hast spread before us the provisions of infinite mercy. 
 We are sinners, and need forgiveness — we are depraved, and need to be 
 . renewed in the spirit of our mind. 
 
 Oh ! grant unto us repentance unto life, and faith in our Lord Jesus 
 Christ. ; . 
 
 For his sake, blot out all our iniquities*— incline us to obey all thy com- 
 mandments, and prepare us, by the sanctifying influences of thy Holy 
 Spirit, for a happy immortality beyond the grave. 
 
 Remember, Oh! Lord, in mercy, the whole family of man. Send forth 
 thy light and thy truth. Dispel the dark clouds of Idolatry, Infidelity and 
 Superstition, which have so long enveloped the nations. 
 
 May the reign of ignorance and error and tyranny cease forever; and es- 
 tablish thou thy kingdom of grace and righteousness in the hearts of the 
 children of men. 
 
 Send joy and peace to all the nations of the earth. Say to the devouring 
 sword — It is enough; and over-rule all changes in the Kingdoms of the 
 world, for the promotion of human happiness, and the universal triumphs of 
 the Gospel of Christ. 
 
 Continue, Oh! Lord, to our highly-favored, but ungrateful land, its ines- 
 timable privileges. Forgive the sins of the people, and give unto us Rulers 
 who shall rule in the fear of the Lord. 
 Preserve us from civil discord, and from all public and private calamities. 
 Be thou our strong Tower and the Rock of our defence. Appoint unto 
 us salvation for walls and for bulwarks; and under the shadow of thy wings 
 may we take refuge in time of trouble. 
 
 Graciously bless our Chief Magistrate, and all in authority. Direct 
 those who are employed in Public Affairs, to the adoption of such measures 
 as shall tend to promote thy glory and the best interests of the community; 
 and give unto them wisdom and honesty, to serve their generation accord- 
 ing to the will of God. 
 
106 JOURNAL OF THE CONVENTION. 
 
 We thank thee,Oh! Lord, for thy providential care over all the members, 
 of this body, and for the high degree of order and harmony which has char- 
 acterised the occasion. 
 
 Forgive whatever has been said or done amiss, and follow with thy bless- 
 ing whatever has been done in accordance with thy will. 
 
 And now, Oh! Lord, as the business of this Convention is drawing near to, 
 a close, direct, this day, in the adjustment and ratification of the measures 
 which have been under discussion ; and graciously prosper all the acts of 
 the body which may be calculated to advance the civil, social and religious 
 interests of the community in which thou hast cast our lot. 
 
 Give to the people of this State, before whom its amended Constitution 
 will soon pass in review, wisdom, that they may be directed in their final 
 action thereupon. 
 
 Deliver them from passion, prejudice, and all unreasonable preposses- 
 sions. May they approach the question before them with honest, liberal 
 and enlightened views, and decide thereon calmly, conscientiously, and in 
 the fear of God. 
 
 And when this body, to whom has been committed the revision of our 
 fundamental Laws, shall have adjourned, conduct them all in safety to their 
 respective places of abode, there to meet again, in circumstances of comfort, 
 their families, their friends, and their constituents. 
 
 And inasmuch, as they will never again meet together on earth, prepare 
 them, most gracious God, for the solemnities of that approaching day, when 
 the assembled Universe shall meet in Gband Convention before thy Throne 
 to be judged and rewarded according to their works. 
 
 The Lord grant unto us, that we may all find mercy of the Lord in that 
 day! 
 
 Now, unto Him, who is able to do exceeding abundantly, above all that 
 we ask or think, according to the power that worketh in us, unto Him be 
 glory in the Church, by Jesus Christ, throughout all ages, world without 
 end! Jlmen* 
 
wmmmmmmmmumm