NORTH CAROLINA. 



551 



boms in tho nature of a contract between tho 



iti/.-ns tho corporations could 



accept tlu- rh.-iru-rs or n>t, but until accepted 



..f no c-il'rrt. No Stockholders 



:."! tb.' ordinance of the convention, net 



arc tin y rxp.vtfo! to. The committeo there- 



nrlinK'd that tlio charters of tlio banks 

 bad . 'I could not bo renewed. 



\t islature appropriated 



"i fop tin- In-titution of tho Deaf and 

 Dumb :ui,l Uiinil. y.virly, for 1806 and 18G7; it 



ppropriated $7,000 for the use of the Uni- 

 : an act was passed incorporating the 



es of the General Assembly of the Pres- 

 byUTi.-m Church of the United States; also, to 



: tho donation of Congress to provide 



03 for tho benefit of agricultural and me- 

 chanic arts; also, to punish vagrants; also, to 

 secure to laborers in agriculture their wages in 

 kind when the contract is for tho same ; also, 

 to prevent enticing servants from fulfilling 

 their contracts; also to establish workhouses 

 and Louses of correction in tho several coun- 



also, to incorporate a college for the edu- 

 cation of black teachers and ministers of tho 



1. Resolutions were passed to furnish 

 artificial limbs to the officers and soldiers of the 

 State ; to adopt the amendment to the Federal 

 Constitution, Art. 13, in the sense that it does 

 not enlarge the powers of Congress to legislate 

 on the subject of freedmen within the State ; 

 aiso, of thanks to President Johnson, "for tho 

 in.inly, patriotic, and statesmanlike position 

 which ho had taken in vetoing the unconstitu- 

 tional act of Congress extending the powers of 

 the Freedmen's Bureau." On the 12th of March 

 the Legislature adjourned. 



On May 24th the State Convention reassem- 

 bled in an adjourned session. A resolution 

 was offered that it adjourn sine die, for the 

 reasons that it was called at the instance of the 



lent as commnnder-m-chief of the army 

 and navy, that the State, by altering its consti- 

 tution in conformity with the necessities of the 

 war, might bo restored to the Union ; that this 

 purpose had been satisfactorily accomplished; 

 that this was moved in anticipation that fur- 

 ther occasion for its services might arise, and 

 that all measures to regulate further the inter- 

 nal policy of the State by a convention called 

 in this manner, would be subversive of the 

 Constitution and revolutionary. This resolu- 

 tion was laid on tho table by a large majority. 

 The Governor sent a message to the convention 

 relating the history of affairs since their adjourn- 

 ment, and stating that no event anticipated, 

 and which might require their presence, had 

 taken place. Ho further stated, that the Gen- 

 eral (John 0, Robinson), in supervision of tho 

 freedmen's bureau, was desirous to give to the 

 civil courts full jurisdiction of all matters relat- 



> tho freedmen, but was prevented by 

 certain provisions of the act of tho Legislature 

 relating to negroes, etc., above mentioned. 

 These provisions limited tho extent to which 

 negro testimony might be admissible, and made 



tho punishment for rape of a white woman by 

 a black, to be death, thus discriminating be- 

 tween whites and blacks. Tho conu-n; 

 this session removed tho objection**, and the 

 jurisdiction of freedmen was subsequently 

 transferred to the civil courts, except in rela- 

 tion to contracts for wages. The convention 

 at its previous session passed an ordinance ex- 

 empting from civil prosecution all officers and 

 soldiers of the Confederate army for acts done 

 by them under orders of superiors. An ordi- 

 nance was now introduced, extending univer- 

 sal amnesty to all crimes less than capital felo- 

 nies committed before May, 18G5. The consti- 

 tution of the State having been previously 

 several times amended, a committee was ap- 

 pointed to revise and consolidate it. In the 

 bill of rights reported from the committee, one 

 section declared that "no freedman shall be 

 convicted of any crime but by the unanimous 

 verdict of a jury of good and lawful men in 

 open court, as heretofore used." As this pro- 

 vision would make every offence, however 

 trivial, triable by a jury, it was moved that tho 

 Legislature should have power to provide for 

 other modes of trial in misdemeanors with the 

 right of appeal. A debate during two days 

 ensued, when the amendment was adopted, 

 yeas, 58 ; nays, 48. Tho convention proceeded 

 to make a radical revision of the constitution 

 of the State, and closed by requiring their work 

 to be submitted to the people for approval or 

 rejection on the 2nd day of August ensuing. 

 On July 1st, the Governor issued his proclama- 

 tion ordering the proper officers to hold the 

 election. A very able discussion ensued in the 

 newspapers on the power and authority of the 

 convention to alter or revise the constitution. 

 Those who objected to the action of the con- 

 vention did so on the ground that the conven- 

 tion was constituted by President Johnson in 

 his military capacity, and that tho constitution 

 was legally in force in the State, and binding 

 on the people, and they urged, 1st, That it was 

 not a legitimate convention, and had no power 

 to make a new constitution, or alter or amend 

 that which existed. 2d, As the convention had 

 no legitimate existence, its acts cannot be ren- 

 dered valid by popular sanction. 3d, Admit- 

 ting that the President of tho United States 

 had the power legitimately to call a convention 

 of tho people of tho State, still, as the conven- 

 tion so called by him was limited to the consid- 

 eration of certain subjects, it fiad authority to 

 consider such subjects only : it was a limited 

 and not an unlimited convention, and every 

 attempt thereof to exercise powers not con- 

 ferred upon it is null and void. The reply of 

 those who sustained the action of the con- 

 vention was, that, " if it was a valid convention 

 for any purpose, then it was valid to all in- 

 tents and purposes." On the day of the elec- 

 tion the revised constitution was rejected by a 

 majority of 1,982 in a total vote of 4 1 . 



The annual election of State officers is on 

 tho 2d Thursday of Aug. Those who were OD- 



