USA > North Carolina > The state records of North Carolina, vol. XXII, pt. 1 > Part 2
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XV. No members shall come into the House or remove from one place to another with his hat on except those of the quaker pro- fession.
XVI. Every member of a committee shall attend at the call of his chairman.
XVII. The yeas and nays may be called and entered on the min- utes when any two members require it.
XVIII. Every member actually attending the convention shall be in his place at the time to which the convention stands adjourned, or within half an hour thereof.
Mr. Lenoir moved, and was seconded by Mr. Person, that the re- turn for Dobbs county should be read, which was accordingly read, whereupon Mr. Lenoir presented the petition of sundry of the in- habitants of Dobbs county, complaining of an illegal election in the said county, and praying relief, which was also read, on the motion of Mr. Lenoir, seconded by Mr. Davie, Resolved, That the said peti- tion be referred to the committee on elections.
Mr. Spaight presented the deposition of Benjamin Caswell, Sheriff of Dobbs county, and a copy of a poll of an election held in the said county for members to this convention, and the depositions of Wil- liam Croom, Niel Hopkins, Robert White, John Hartsfield, Job Smith, and Frederick Baker, which being severally read, was re- ferred to the committee of eleetions.
Mr. Cabarrus presented the depositions of Charles Markland, Junr.
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and Luther Spalding, relative to the election of Dobbs county, which being read was referred to the committee of elections.
Adjourned until tomorrow morning 10 o'clock.
WEDNESDAY, July 23, 1788.
Met according to adjournment.
Mr. Edmund Blount, and Mr. Simeon Spruill, two of the members for Tyrrel county, Mr. Andrew Bass, one of the members for Wayne county, Mr. Joseph Boon, Mr. Win. Farmer, and Mr. John Bryan, three of the members for Johnston county, Mr. Edward Williams, one of the members for Richmond county, Mr. Francis Oliver, one of the members for Duplin county, Mr. Matthew Brooks, one of the mem- bers for Surry county, Mr. David Turner, one of the members for Bertie county, and Mr. Willie Jones, one of the members for Halifax county, appeared and took their seats.
Mr. Gregory, from the committee on elections, to whom was re- ferred the returns from Dobbs county, and sundry other papers and the petition of sundry of the inhabitants of Dobbs county, relative to the election of said county, delivered in a report which being read was agreed to in the following words, viz:
Resolved, That it is the opinion of this committee, that the sitting members returned from the county of Dobbs vacate their seats, as it does not appear that a majority of the county approved of a new election under the recommendation of his excellency the governor, but the contrary is more probable.
That it appears to this committee, that there was a disturbance and riot at the first election (which election was held on the days ap- pointed by the resolve of the General Assembly ) before all the tickets could be taken out of the box, and the box was then taken away by violence, at which time it appears there was a sufficient number of tickets remaining in the box to have given a majority of the whole Poll to five others of the candidate beside those who had a majority of the votes at the time when the disturbance aud riot happened: It is therefore the opinion of this committee, that the sheriff could have made no return of any five members elected, nor was there any evi- dence before the committee by which they could determine with cer-
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tainty, which candidates had a majority of the votes of the other electors.
The committee was therefore of opinion, that the first election is void as well as the latter. ISAAC GREGORY, Chairman,
On a motion made by Mr. Gallaway, second by Mr. Macon, Re- solved, That the bill of rights and constitution of this state, the ar- tieles of the confederation, the resolve of Congress of the 21st of February 1787, recommending a convention of delegates to meet at Philadelphia the second Monday in May 1787, for the purpose of revising the said articles of confederation, together with the act of Assembly of this State, passed at Fayetteville on the 6th day of January 1787, intituled, "An act for appointing deputies from this state to a convention proposed to be held in the city of Philadelphia in May next, for the purpose of revising the Federal Constitution:" As also the resolve of Congress of the 28th September last aecom- panying the report of the Federal Convention, together with the said report, and the resolution of the last General Assembly be now read.
The bill of rights, and the Constitution of this State, the articles of confederation, the act of assembly of this State above referred to, and the resolution of Congress, of the 28th last September, were ac- cordingly read. The Honorable the President then laid before the Convention official accounts of the ratifieation of the proposed Federal Constitution by the states of Massachusetts and South Caro- lina, which were ordered to be filed with the secretary, subject to the perusal of the members.
On a motion made by Mr. Person, seconded by Mr. Jones,
Resolved, That the convention will to-morrow determine on what principles, and in what manner they will proceed to take up and debate on the proposed Federal Constitution,
Mr. Griffith Rutherford and Mr. George Henry Barringer, two of the members for Rowan county, appeared and took their seats.
Adjourned until tomorrow morning 9 o'clock,
THURSDAY, July 21, 1788.
Met according to adjournment.
Mr. Timothy Bloodworth, one of the members for New Ilanover county, Mr. Everet Pearce, one of the members for Johnston county,
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Mr. Whitmill Hill, one of the members for Martin county, Mr. Asahel Rawlings, Mr. James Wilson and Mr. James Roddy, three of the members for Greene county, Mr. Samuel Cain, one of the members for Bladen county, Mr. James Bloodworth, one of the mem- bers for New Hanover county, Mr. John Ingram, a member for the town of Fayetteville, Mr. Benj. Covington, one of the members for Richmond county, Mr. Joseph M'Dowall, Junr., one of the members for Burke county and Mr. Durham Hall, one of the members for Franklin county, appeared and took their seats.
On a motion made by Mr. Bloodworth, and seconded by Mr. Mae- laine, Resolved, That the special return made by the Sheriff of New Hanover county of the election for members of this convention be referred to the committee of elections.
On a motion made by Mr. Person, and seconded by Mr. Iredell, Resolved, That the return for a member for the town of Fayette- ville, be referred to the committee of elections.
On a motion made by Mr. Gallaway, and seconded by Mr. Michael Payne, Resolved, That this convention do now resolve itself into a committee of the whole convention, to take into consideration the proposed constitution for the future government of the United States: The convention accordingly resolved itself into a committee of the whole convention, and appointed Mr. Battle chairman, and after some time spent in debate on the subject referred to them, Mr. President resumed the chair, and Mr. Battle reported that the com- mittee had made some progress on the business referred to them, but not having time to compleat it desired leave to sit again.
Ordered, That the committee have leave to sit again to-morrow at 10 o'clock.
On a motion made by Mr. Macon, and seconded by Mr. Porter, Resolved, That a connuittee be appointed to confer with a printer in this town on the subject of printing the journal of this conven- tion : The members appointed are, Mr. Alexander Mebane, Mr. Mebane and Mr. Person.
Adjourned until to-morrow morning 10 o'clock.
FRIDAY, July 25, 1788.
Met according to adjournment.
Mr. Joel Lano and Mr. James Hinton, two of the members for
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Wake county, Mr. Benjamin Smith, one of the members for Bruns- wick county, Mr. James Brannon, one of the members for Rowan county, appeared and took their seats.
Mr. Gregory from the committee of elections delivered in a re- port, which being read was agreed to as follows:
The committee proceeded to have read the return of the sheriff of Cumberland county for the town of Fayetteville in said county, wherein John Ingram was returned to represent said town in the convention.
It is the opinion of this committee that the said town possesses not the right of representation in this convention, and that therefore the said John Ingram hath no right to a seat in the same.
It appearing to this committee that the votes given to Thomas Devane, Senr., Esq. ; and Thomas Devane, were intended and meant for the same person; Resolved therefore, that the said Thomas De- vane, Senr .; Esq. ; is duly elected to represent the county of New Hanover in this present convention, and that he take his seat accord- ingly. ISAAC GREGORY, Chairman.
Mr. Mebane, one of the committee appointed to confer with the printer on the subject of printing the journal of this convention, Reported, That Mr. Ferguson offered to print three hundred copies of the journal and such other business as may be deemed absolutely necessary for the sum of sixty pounds, which offer the committee accepted of.
The order of the day for taking into further consideration the pro- posed constitution for the future government of the United States being called for, the convention agreeably thereto resolved itself into a cominittee of the whole convention, Mr. Battle in the chair, after some time spent in debate, Mr. President resumed the chair, and Mr. Battle reported, that the committee had made further progress in the business referred to them, but not having time to compleat it desired leave to sit again to-morrow.
Ordered, That the committee have leave to sit again to-morrow. Adjourned until to-morrow morning 9 o'clock.
SATURDAY, July 26, 1788.
Met according to adjourmnent.
Mr. Nathaniel Allen, one of the members for Chowan county, and
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Mr. William Dicks, one of the members for Duplin county appeared and took their seats.
The order of the day for taking into further consideration the proposed constitution for the future government of the United States being called for, the convention agreeably thereto resolved itself into a committee of the whole convention, Mr. Kenan in the chair, and after some time spent in debate, Mr. President resumed the chair, and Mr. Kenan reported, that the committee had made further pro- gress in the business referred to them, but not having time to compleat it. desired leave to sit again on Monday next.
Ordered, That the committee have leave to sit again on Monday next.
Adjourned until to-morrow morning 9 o'clock.
MONDAY, July 28, 1788.
Met according to adjournment.
Mr. Burwell Mooring, one of the members for Wayne county, and Mr. Thomas Owen, one of the members for Bladen county, appeared and took their seats.
The order of the day for taking into further consideration the proposed constitution for the future government of the United States being read, the convention agrecably thereto resolved itself into a committee of the whole convention, Mr. Kenan in the chair, and after some time spent in debate, Mr. President resumed the chair, and Mr. Kenan reported, that the committee had made further pro- gress in the business referred to them, but not having time to com- pleat it desired leave to sit again.
Ordered that the committee have leave to sit again to-morrow. Adjourned unitl to-morrow morning 9 o'clock.
TUESDAY, July 29, 1788.
Met according to adjournment.
Mr. Matthew Lock, one of the members for Rowan county, ap- peared and took his seat.
Ordered, That Mr. James M'Donald have leave to absent himself from the service of this house until Saturday.
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The order of the day for taking into further consideration the proposed constitution for the future government of the United States being read, the convention agreeably thereto resolved itself into a committee of the whole convention, Mr. Kenan in the chair, and after some time spent in debate, Mr. President resumed the chair, and Mr. Kenan reported, that the committee had made fur- ther progress in the business referred to their consideration, but not having time to compleat it desired leave to sit again.
Ordered, That the committee have leave to sit again to-morrow.
Adjourned until tomorrow morning 9 o'clock.
WEDNESDAY, July 30, 1788.
Met according to adjournment.
Mr. George Wynns, one of the members for Hertford county, appeared and took his seat.
The order of the day for taking into further consideration the proposed constitution for the future government of the United States being read, the convention agreeably thereto resolved itself into a committee of the whole convention, Mr. Kenan in the chair, after some time spent therein, Mr. President resumed the chair, and Mr. Kenan reported that the committee had come to sundry resolutions on the subject referred to their consideration, but not having the time to reduce them to form, desired leave to sit again.
Ordered that the committee have leave to sit again to-morrow.
Adjourned until tomorrow morning 9 o'clock.
THURSDAY, July 31, 1788.
Met according to adjournment. .
Ordered, That Mr. Joseph Martin have leave to absent himself from the service of this convention, and that the secretary make out und deliver to him a certificate of the sum due him for his attendance as a member thereof.
On a motion made by Mr. Rutherford, and seconded by Mr. Steele, Resolved, That the convention will, to-morrow at four o'clock in the afternoon, procced to fix on a proper place for the seat of govern- ment of this State.
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Mr. John G. Blount on behalf of himself and others, moved for leave to enter a protest on the journal of this convention against the above resolution. Ordered, That he have leave accordingly.
The order of the day for taking into further consideration the proposed constitution for the future government of the United States being read, the convention resolved itself into a committee of the whole convention Mr. Kenan in the chair, after some time spent there- in, Mr. President resumed the chair and Mr. Kenan reported from the committee of the whole convention, that the committee had consid- ered the constitution proposed for the government of the United States, and had come to a resolution thereupon, which he read in his place, and afterwards delivered in at the clerk's table.
Ordered, That the said report lie on the table until to-morrow morning.
Adjourned until to-morrow morning 9 o'clock.
FRIDAY, August 1, 1788.
Met according to adjournment.
Mr. David Perkins one of the members of Pitt county, appeared and took his seat.
The Order of the Day for taking up the report of the Committee of the whole Convention being called for and read, agreeable there- to, the report of the Committee of the whole Convention on the proposed Constitution of Government for the United States of Amer- ica was read in the following words:
Resolved, That a Declaration of Rights, asserting and securing from incroachment the great Principles of civil and religious Lib- erty, and the unalienable rights of the People, together with Amend- ments to the most ambiguous and exceptionable parts of the said Con- stitution of Government, ought to be laid before Congress, and the Convention of States that shall or may be called for the Purpose of Amending the said Constitution, for their consideration, previous to the Ratification of the Constitution aforesaid, on the part of the State of North Carolina.
DECLARATION OF RIGHTS.
1st. That there are certain natural rights of which men, when they form a special compact, cannot doprive or divert their poster-
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ity, among which are the enjoyment of life and liberty, with the means of acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety.
2d. That all power is naturally vested in, and consequently de- rived from the people; that magistrates therefore are their trustees and agents, and at all times amenable to them.
3d. That Goverment ought to be instituted for the common benefit, protection and security of the people; and that the doctrine of non-resistance against arbitrary power and oppression is absurd, slavish, and destructive to the good and happiness of mankind.
4th. That no man or set of men are entitled to exclusive or sep- arate public emoluments or privileges from the community but in consideration of public services ; which not being descendible, neith- er ought the offices of magistrate, legislator or judge, or any other public office to be hereditary.
5th. That the legislative, executive and judiciary powers of government should be separate and distinet, and that the members of the two first may be restrained from oppression by feeling and participating the public burdens; they should at fixed periods be reduced to a private station, return into the mass of the people, and the vacancies be supplied by certain and regular elections; in which all or any part of the former members to be eligible or in- eligible, as the rules of the Constitution of Government, and the laws shall direct.
Gth. . That the elections of Representatives in the legislature ought to be free and frequent, and all men having sufficient evidence of permanent common interest with and attachment to the community, ought to have the right of suffrage; and no aid, charge, tax or fee can be set, rated or levied upon the people without their own con- sent, or that of their representatives so elected; nor can they be bound by any law to which they have not in like manner assented. for the public good.
7th. That all power of suspending laws, or the execution of laws by any authority, without the consent of the representatives of the people in the Legislature, is injurious to their rights, and ought not to be executed.
8th. That in all capital and criminal prosecutions a man hath a right to demand the cause and nature of his accusation, to be con- 22-2
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fronted with the accusers and witnesses, to call for evidence, and be allowed counsel in his favor, and to a fair and speedy trial by an im- partial jury of his vieinage, without whose unanimons consent he cannot be found guilty (except in the government of the land and naval forces) nor can he be compelled to give evidence against him- self.
9th. That no freeman ought to be taken, imprisoned, or disseized of his frechold, liberties, privileges or franchises or outlawed or exiled, or in any manner destroyed or deprived of his life, liberty or property, but by the law of the land.
10th. That every freeman restrained of his liberties is intitled to a remedy to enquire into the lawfulness thereof, and to remove the same, if unlawful; and that such remedy onght not to be denied or delayed.
11th. That in controversies respecting property, and in suits be tween man and man, the ancient trial by jury is one of the greatest securities to the rights of the people, and ought to remain sacred and involable.
12th. That every freeman onght to find a certain remedy by recourse to the laws for all injuries and wrongs he may receive in his person, property or character ; he ought to obtain right and justice freely without fail, completely and without denial, promptly and without delay, and that all establishments, or regulations contraven- ing these rights, are oppressive and unjust.
13th. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.
14th. That every freeman has a right to be secure from all un- reasonable searches and seizures of his person, his papers and property: all warrants therefore to search suspected places, or to apprehend any suspected person without specially naming or describ ing the place or person, are dangerous and ought not to be granted.
15th. That the people have a right to peaceably assemble together to consult for the connon good, or to instruct their representatives; and that every freeman has a right to petition or apply to the Legis- lature for redress of grievances.
16th. That the people have a right to freedom of speech, and of writing and publishing their sentiments; that the freedom of the press is one of the greatest bulwarks of liberty, and ought not to be violated.
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17th. That the people have a right to keep and bear arms; that a well regulated militia composed of the body of the people, trained to arms is the proper, natural and safe defence of a free State. That standing armies in time of peace are dangerous to Liberty, and therefore ought to be avoided, as far as the circumstances and pro- tection of the community will admit; and that in all cases, the mili- tary should be under striet subordination to, and governed by the civil power.
18th. That no soldier in time of peace ought to be quartered in any house withont the consent of the owner, and in time of war in such manner only as the laws direct.
19th. That any person religiously serupulous of bearing arms onglet to be exempted upon payment of an equivalent to employ another to bear arms in his stead.
20th. That religion, or the duty which we owe to our Creator and the manner of discharging it, can be directed only by reason and conviction, not by force or violence, and therefore all men have an equal, natural and unalienable right to the free exercise of religion, according to the dictates of conscience, and that no particular re- ligion, seet or society ought to be favored or established by law in preference to others.
AMENDMENTS TO THE CONSTITUTION,
1. That each state in the Union shall, respectively, retain every power, jurisdiction and right, which is not by this Constitution dele- gated to the Congress of the United States, or to the departments of the Federal Government.
II. That there shall be one representative for every 30,000 ac- cording to the enumeration of the census, mentioned in the Constitu- tion, until the whole number of the representatives amount to two hundred; after which the number shall be continued or increased, as Congress shall direct, upon the principles fixed in the constitution, by apportioning the representatives of cach State to some greater num- her of people from time to time, as the population encreases.
III. When Congress shall lay direct taxes or excises, they shall iunediately inform the executive power of each State, of the quota of such State, according to the census herein directed, which is pro- posed to be thereby raised : And if the Legislature of any State shall
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pass a law, which shall be effectual for raising such quota at the time required by Congress the taxes and excises laid by Congress shall not be collected in such State.
IV. That the members of the Senate and House of Representa- tives shall be ineligible to, and incapable of holding any eivil office under the anthority of the United States, during the time for which they shall, respectively be elected.
V. That the journals of the proceedings of the Senate and House of Representatives shall be published at least once in every year, ex- cept such parts thereof relating to treaties, allianees, or military operations, as in their judgment require secrecy.
VI. That a regular statement and account of the receipts and expenditures of all public monies shall be published at least once in every year.
VII. That no commercial treaty shall be ratified without the concurrence of two thirds of the whole number of the members of the Senate: And no treaty, eeding, contracting, restraining or sus- pending the territorial rights or claims of the United States, or any of them, or their, or any of their rights, or claims to fishing in the American seas, or navigate the American rivers shall be made, but in cases of the most urgent and extreme necessity ; nor shall any such treaty be ratified without the concurrence of three-fourths of the whole number of the members of both houses respectively.
VIII. That no navigation law, or law regulating commerce shall be passed without the consent of two thirds of the members present in both houses.
IX. That no standing army or regular troops shall be raised or kept up in time of peace, without the consent of two thirds of the members present in both Houses.
X. That no soldier shall be enlisted for any longer term than four years, except in time of war, and then for no longer term than the continuance of the war.
XI. That each state, respectively, shall have the power to pro- vide for organizing, arming and disciplining its own militia when- soever Congress shall omit or neglect to provide for the same. That the militia shall not be subject to martial law except when in actual service in time of war, invasion of rebellion: And when not in ac- tual service of the United States shall be subject only to such fines,
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penalties and punishments as shall be dirceted or inflicted by the laws of its own State.
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