The state records of North Carolina, vol. XXII, pt. 1, Part 3

Author: North Carolina. cn; Saunders, William Lawrence, 1835-1891, ed; Clark, Walter, 1846-1924 ed; Weeks, Stephen Beauregard, 1865-1918. dn; North Carolina. Trustees of the Public Libraries
Publication date: 1907
Publisher: Goldsboro, N. C., Nash brothers, printers
Number of Pages: 1058


USA > North Carolina > The state records of North Carolina, vol. XXII, pt. 1 > Part 3


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XII. That Congress shall not declare any State to be in rebel- lion without the consent of at least two thirds of all the members present of both Houses.


XIII. That the exclusive power of Legislation given to Con- gress over the federal town and its adjacent district and other places purchased, or to be purchased by Congress of any of the States, shall extend only to such regulations as respeet the police and good government thereof.


XIV. That no person shall be capable of being president of the United States for more than eight years in any term of sixteen years.


XV. That the judicial power of the United States shall be vested in one supreme court, and in such courts of admiralty as Congress may from time to time ordain and establish in any of the different States. The judicial power shall extend to all cases in law and equity, arising under treaties made, or which shall be made under the authority of the United States; to all cases affecting ambassadors, other foreign ministers and counsels; to all cases of admiralty, and maritime jurisdiction ; to controversies to which the United States shall be a party ; to controversies between two or more States, and between parties claiming lands under the grants of different states; in all eases affecting ambassadors, other foreign ministers and con suls, and those in which a state shall be a party; the supreme court shall have original jurisdiction in all other eases before mentioned; the supreme court shall have appellate jurisdiction as to matters of law only, except in cases of equity, and of admiralty and maritime jurisdiction, in which the supreme court shall have appellate juris- diction, both as to the law and fact, with such exceptions and under sueh regulations as the Congress shall make: But the judicial power of the United States shall extend to no case where the cause of action shall have originated before the ratification of this constitution, except in disputes between the States about their territory; disputes between persons claiming lands under the grants of different states, and suits for debts due to the United States.


XVI. That in criminal prosecutions, no man shall be restrained in the exercise of the usual and accustomed right of challenging or excepting to the jury.


XVII. That Congress shall not alter, modify or interfere in the


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times, places, or manner of holding elections for senators and rep- resentatives, or either of them, except when the legislature of any State shall neglect, refuse, or be disabled by invasion or rebellion, to prescribe to the same.


XVIII. That those clauses which declare that Congress shall not exercise certain powers, be not interpreted in any manner whatso -. ever to extend the powers of Congress; but that they be construed either as making exceptions to the specified powers where this shall be the case, or otherwise as inserted merely for greater caution.


XIX. That the laws ascertaining the compensation of Senators and Representatives for their services be postponed in their opera- tion until after the election of representatives immediately succeed- ing the passing thereof, that excepted, which shall first be passed on the subject.


XX. That some tribunal, other than the Senate be provided for trying impeachments of senators.


XXI. That the salary of a judge shall not be increased or dimin- ished during his continuance in office, otherwise than by general regulations of salary, which may take place on a revision of the subject at stated periods of not less than seven years, to commence from the time such salaries shall be first ascertained by Congress.


XXII. That Congress ereet no company of merchants with ex- clusive advantages of commerce.


XXIII. That no treaties which shall be directly opposed to the existing laws of the United States in Congress assembled shall be valid, until such laws shall be repealed, or made conformable to such treaty ; nor shall any treaty be valid which is contradictory to the Constitution of the United States.


XXIV. That the latter part of the fifth paragraph of the 9th seetion of the first article be altered to read thus: Nor shall vessels bound to a particular State be obliged to enter or pay duties in any other; nor when bound from any one of the States be obliged to clear in another.


XXV. That Congress shall not directly or indirectly, either by themselves or through the judiciary, interfere with any one of the States in the redemption of paper money already emitted and now in circulation, or in liquidating and discharging the public securities of any one of the States, but each and every State shall have the


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exclusive right of making such laws and regulations for the above purposes as they shall think proper.


XXVII. That Congress shall not introduce foreign troops in the United States without the consent of two thirds of the members pres- ent of both Houses.


Mr. Iredell, seconded by Mr. John Skinner, moved that this report be amended, by striking out all the words of the said report except the two first, to-wit, (Resolved that). And that the following words be inserted in their room, viz :


This Convention having fully deliberated on the constitution pro- posed for the future government of the United States of America by the Federal Convention, lately held at Philadelphia, on the seven- teenth day of September last, and having taken into their serious and solemn consideration the present critical situation of America, which induces them to be of opinion, that though certain amendments to the suid constitution may be wished for, yet that those amendments should be proposed subsequent to the ratification on the part of this State, and not previous to it; They do therefore, on behalf of the State of North Carolina, and the good people thereof, and hy virtne of the authority to them delegated, ratify the said constitution on the part of this State: And they do at the same time recommend, that as early as possible, the following amendments to the constitution may be proposed for the consideration and adoption of the several states in the Union, in one of the modes prescribed in the fifth artiele thereof.


AMENDMENTS.


I. Each State in the Union shall respectively retain every power, jurisdiction and right, which is not by this constitution delegated to the Congress of the United States, or to the departments of Gen- eral Government; nor shall the said Congress, or any department of the said government exercise any aet of authority over any individual in any of the said States, but such as can be justified under some power, particularly given in this Constitution; but the said Con- stitution shall be considered at all times a solemn instrument, de- fining the extent of their authority, and the limits of which they emot rightfully in any instance exceed.


II. There shall be one representative for every thirty thousand, according to the enumeration of census, mentioned in the Consti-


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tution, until the whole number of representatives amount to two hun- dred; after which that number shall be continued or increased as Congress shall direct, upon the principles fixed in the constitution, by apportioning the representatives of each State to some greater number of people from time to time, as population inereases.


III. Each state, respectively, shall have the power to provide for organizing, arming and discipling its own militia, whensoever Con- gress shall omit or neglect to provide for the same. The militia shal' not be subject to martial law, except when in actual service in time of war, invasion, or rebellion ; and when they are not in the actual service of the United States, they shall be subject only to such fines, penalties and punishments as shall be directed or inflicted by the laws of its own State.


IV. The Congress shall not alter, modify, or interfere in the times, places or manner of holding elections for Senators and Repre- sentatives, or either of them, except when the legislature of any State shall neglect, refuse or be disabled by invasion or rebellion, to preseribe the same.


V. The laws ascertaining the compensation of Senators and rep- resentatives for their services, shall be postponed in their opera- tion, until after the election of representatives, immediately succeed- ing the passing thereof ; that excepted, which shall first be passd on the subject.


VI. Instead of the following words in the 9th section of the first article, viz: "Nor shall vessels bound to, or from one State, be obliged to enter, clear or pay duties in another." (The meaning of which is, by many deemed not sufficiently explicit). It is proposed that the following shall be substituted: No vessel bound to one State shall be bound to enter or pay duties to which such vessel may be liable at any port of entry in any other state than that to which such vessel is bound; Nor shall any vessel bound from one State be obliged to elear or pay duties to which such vessel may be liable at any port of clearance, in any other state than that from which such vessel is bound."


This motion made by Mr. Iredell being objected to, the question was put, "Will the Convention adopt this amendment or not ?" and it was negatived: Whereupon the yeas and nays were required by Mr. Iredell, and seconded by Mr. Steele, as follows:


Yeas: His Excellency Sam. Johnston, Esq., President ; Messrs.


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STATE RECORDS.


James Iredell, Archibald Maclaine, Nathan Keais, John G. Blount, Thomas Alderson, John Johnston, Andrew Oliver, Goodwin Ellis- ton, Charles M'Dowall, Richard D. Spaight, Win. J. Dawson, Janies Porterfield, Win. Barry Grove, George Elliott, Wallis Styron, Wm. Sheppard (Carteret ), James Phillips, John Humphries, Miel. Payne, Charles Johnson, Stephen Cabarrus, Edunid Blount (Cho- wan), Henry Abbot, Isaac Gregory, Peter Dauge, Charles Grandy, Enoch Sawyer, George Lucas, John Willis, John Cade, Elias Barnes, Neil Brown, James Winchester, Wm. Stokes, Thomas Stewart, Jo- siah Collins, Thomas Hines, Nat. Jones, Jolm Steele, Win. R. Davie, Joseph Reddick, James Gregory, Thomas Hunter (Gates), Thomas Wynns, Abraham Jones, Jolm Eborne, James Jasper, Caleb Foreman, Seth Harvey, Jolm Sloan, John Moore, Win. Maclaine. Nathan Mayo, Wm. Slade, Win. M'Kinzie, Robert Irwin, John Lane, Thomas Reading, Edward Everagain, Enoch Relfe, Devotion Davis, Wm. Skinner, Joshua Skinner, Thomas Harvey, John Skinner, Sam- nel Harrel, Joseph Leech, Win. Bridges, Wm. Burden, Edmund Blount (Tyrrel), Simeon Spruill, David Tanner, Whitmill Hill, Ben- jamin Smith, John Sitgreaves, Nathaniel Allen, Thos. Owen, George Wynns, David Perkins, Joseph Ferebee, Win. Ferebee, Wm. Baker, und Abner Neale .- 84.


Nays: Messrs. Willie Jones, Sam Spencer, Lewis Lanier, Thos. Wade, Dan Gould, Jas. Bonner, Alexions M. Forster, Lewis Dupree, Thomas Brown, James Greenlee, Jos. M'Dowall, Robert Miller, Benj. Williams, Richard Nixon, Thomas Armstrong, Alex'r M'Allister, Robert Diekins, George Roberts, John Womack, Ambrose Ramsey, James Anderson, Jos. Stewart, Win, Vestal, Thomas Evans, Thos. Ilardiman, Robert Weakley, Win. Donelson, Wm. Dobbins, Robert Diggs, Bythel Bell, Elisha Battle, Wm. Fort, Etheld. Gray, Win. Laneaster, Thos. Sherrod, John Norwood, Sterling Dupree, Robert Williams, Richard Moye, Arthur Forbes, David Caldwell, Win. Goudy, Daniel Gillespie, John Anderson, John Hamilton, Thomas Person, Joseph Taylor, Thornton Yancey, Howel Lewis, Junr., Eli- jalı Mitchell, George Moore, George Ledbetter, Win. Porter, Zebe- dee Wood, Edmund Waddell, James Gallaway, John Regan, Joseph Winston, James Gains, Charles M'Aunely, Absalom Bostick, John Scott, John Dunkin, David Dodd, Curtis Ivey, Lewis llohines, Rich- Card Clinton, Hardy Holmes, Robert Allison, James Stewart, John Tipton, John Macon, Thomas Christmas, Henry Montfort, Wm. Tay-


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STATE RECORDS.


lor, James Hanley, Brittain Sanders, Wm. Lenoir, Richard Allen, John Brown, Jos. Herndon, Jas. Fletcher, Lemuel Burkitt, Wm. Little, Thos. King, Nathan Bryan, John II. Bryan, Edward Whitty, Robt. Alexander, James Johnston, John Cox, John Carrel, Corn. Doud, Thos. Tyson, Wm. Martin, Thomas Hunter ( Martin), John Graham, Wm. Loftin, Wm. Kindal, Thos. Ussery, Thos. Butler, John Benford, Jas. Vaughan, Rob. Peebles, Jas. Vinson, Win. S. Marnes, Howell Ellin, Redman Bunn, John Bonds, David Pridgen, Daniel Yates, Thos. Johnston, John Spicer, A. Tatom, Alexr. Meb- ane, Win. Mebane, Win. M'Cauley, Win. Shepperd (Orange), Jona- than Lindley, Wyatt Dawkins, James Payne, John Graves, John Blair, Joseph Tipton, Wm. Bethell, Abraham Phillips, John May, Charles Gallaway, James Boswell, Jolm M'Allister, David Looney, John Sharpe, Joseph Gaitier, John A. Campbell, John Pugh Wil- liams, Wmn. Marshall, Charles Robertson, James Gillespie, Charles Ward, Win. Randal, Frederick Harget, Richard M'Kinnie, John Cains, Jacob Leonard, Thomas Carson, Richard Singleton, Jas. Whiteside, Caleb Phifer, Zachias Wilson, Joseph Douglas, Thomas Dougan, James Kenan, Jolin Jones, Egbert Haywood, Win. Wootten, John Branch, Henry Hill, Andrew Bass, Joseph Boon, Wm. Farm- er, John Bryan, Edward Williams, Francis Oliver, Mathew Brooks, Griffith Rutherford, George II. Barringer, Timothy Bloodworth, Everet Pearce, Asahel Rawlins, James Wilson, James Roddy, Sam. Cain, Benj. Covington, Joseph M'Dowall, Junr., Durham Ilall, James Bloodworth, Joel Lane, James Hinton, Thomas Devane, James Brandon, Win. Dickson, Burwell Mooring, Mathew Lock and Stoke- ly Donelson-184.


Ordered, That the further consideration of the report of the Committee of the whole Convention be postponed until to-morrow.


Ordered, That Mr. Iredell, Mr. Maelaine, and Mr. Jones be a committee to prepare and bring in an ordinance to establish the seat of government at the place hereafter to be fixed on by this Conven- tion.


On a motion made by Mr. Joseph M'Dowall, and seconded by Mr. Benj. Smith, Resolved, That the Convention will ballot for the place at which the seat of government shall be fixed.


On the question to agree to this resolution the yeas and nays were required by Mr. Person, and seconded by Mr. John Macon, which are as follows:


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STATE RECORDS.


Yeas: The Hon. Samuel Spencer, Esq. ; Messrs. Lewis Lanici. Thomas Wade, John G. Blount, Alexious M. Forster, Lewis Dupree, Thomas Brown, Goodwin Elliston, Charles M'Dowall, Robert Miller, Thomas Armstrong, Win. B. Grove, James Porterfield, Alexander M'Allister, Geo. Elliott, George Lucas, Thomas Evans, Robert Weak- ley, David Caldwell, Wmn. Goudy, Daniel Gillespie, John Anderson, John Hamilton, Win. Porter, Zebedee Wood, James Gallaway, John Willis, Jolin Cade, Elias Barnes, Neal Brown, John Regan, John Winston, James Gaines, Charles M'Annelly, Absalom Bostick, Jolin Scott, John Dunkin, David Dodd, Curtis Ivey, Lewis Holmes, Rich- ard Clinton, Hardy Hohnes, Robert Allison, James Stewart, John Tipton, Henry Montfort, Wm. Lanier, Richard Allen, John Brown, Joseph Herndon, James Fletcher, John Steele, Absalom Tatum, Archibald Maclaine, Thomas Wynns, Stokely Donelson, Thomas King, John E. Bryan, Edward Whitty, Robert Alexander, James Johnston, John Sloane, John Moore, Win. Maclaine, John Cox, Jolm Carrel, Cornelius Doud, Thomas Tyson, Wm. Martin, Joseph Gra- ham, Robert Irwin, Wm. Loftin, James M'Donald, Thomas Butler, Daniel Yates, Thomas Johnston, John Spicer, Alexander Mebane, Jonathan Lindley, Wm. Mebane, Thomas Harvey, Wyot Hawkins, Joli Blair, John Tipton, Win. Bethell, Abram Phillips, John May, Charles Gallaway, Joseph Gaitier, John A. Campbell, Win. Mar- shall, Charles Robertson, James Gillespie, Charles Ward, Win. Bridges, Frederick Harget, John Cains, Jacob Leonard, Thomas Car- son, Richard Singleton, James Whiteside, Caleb Phifer, Zachias Wil- son, Joseph Douglass, Thomas Dougan, Jeffe Henley, James Kenan, Win. Wootten, Joseph Boon, Edward Williams, Griffith Rutherford, George II. Barringer, Timothy Bloodworth, Asahel Rawlings, James Roddy, Samuel Cain, Benjamin Covington, Joseph M'Dowall, Junr., James Bloodworth, Benj. Smith, Nathaniel Allen, James Brannon, Win. Dixon, Thomas Owen, Matthew Lock, Win. Dobins, John P. Williams, Thomas Devane, James Greenlee, Joseph M'Dowall, James Wilson, John M'Allister, David Looney, and John Sharpe .- 134.


Nays: Messrs. Daniel Gould, Nathan Keais, Andrew Oliver, Ben- jamin Williams, Michael Payne, Charles Johnson, Stephen Cabar- rus, Edmund Blount (Tyrrell), Ilenry Abbot, Isaac Gregory, Peter Dauge, Charles Grandy, Enoch Sawyer, Robert Dickins, George Roberts, John Womack, Ambrose Ramsey, James Anderson, Joseph


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STATE RECORDS.


Stewart, Wm. Vestall, Thos. Hardiman, Win. Donaldson, Robert Digges, Bythel Bell, Elisha Battle, Wm. Fort, Etheldred Gray, Wm. Lancaster, Thomas Sherrod, John Norwood, Sterling Dupree, Rich- ard Moye, Arthur Forbes, Joseph Taylor, Thornton Yancey, Howel Lewis, Elijah Mitchell, George Moore, Edmund Waddell, James Winchester, Win. Stokes, Thomas Stewart, Josiah Collins, John Macon, Thomas Christmas, Win. Taylor, James Handley, Thomas Ilines, Nathaniel Johns, Brittain Sanders, Wm. R. Davie, James Iredell, Wm. Baker, Joseph Reddick, Thomas IIunter (Gates), John Sitgreaves, Lemuel Burkitt, Win. Little, Abram Jones, Caleb Fore- man, Nathan Bryan, Nathan Mayo, Wm. Slade, Thomas Hunter ( Martin), Wmn. M'Kinzie, Thomas Ussory, John Benford, James Vaughan, Robert Peebles, James Vinson,. Wm. S. Marnes, ITowel Ellin, Redman Bunn, John Bonds, David Pridgen, Win. M'Cauley, WVm. Shepperd (Orange), Jolm Lane, Thomas Reading, Joshua Skin- ner, John Skinner, Samuel Harrell, James Payne, John Graves, James Boswell, Win. Randall, Richard McKinnie, John Jones, Eg- bert Haywood, John Branch, Henry Hill, Edmund Blount (Tyrrell), Simeon Spruill, Wm. Farmer, Jolm Bryan, Francis Oliver, Willie Jones, Everet Pearce, Durham HIall, Joel Lane, James Hinton, Bur- well Mooring, George Wynns, James Bonner, John Johnston, Wm. J. Dawson, Richard D. Spaight, Richard Nixon, James Phillips, Jolin Humphries, Robert Williams, Thomas Person, James Gregory, Enoch Relfe, Devotion Davis, Win. Kindall, and Wm. Skimmer-117. Adjourned until tomorrow morning 6 o'clock.


SATURDAY, August 2, 1788.


Met according to adjourmment.


On a motion made by Mr. Willie Jones, and seconded by Mr. Thos. Alderson, Resolved, That this Convention will not fix the seat of government at any one particular point; but that it will be left at the discretion of the Assembly to ascertain the exact spot: Provid- ed always, that it shall be within ten miles of the point or place de- termined on by this Convention.


Resolved, That the several places hereafter named be in nomina- tion for the seat of government of this State, to-wit:


Smithfield, nominated by Mr. James Payne.


Tarborough, nominated by Mr. Robert Williams.


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STATE RECORDS.


Fayetteville, by Mr. Wm. Barry Grove.


Mr. Isaac Hunter's in Wake county, by Mr. James Iredell. New Bern, by the IIon. Mr. Spencer. Hillsborough, by Mr. Alexander Mebane.


The fork of Haw and Deep rivers, by Mr. Thomas Person.


And that Mr. Elijah Mitchell, Mr. Benjamin Williams, Mr. Na- thaniel Jones, and Mr. John Cains be appointed commissioners to superintend and conduct the balloting.


Adjourned until 10 o'clock.


Met according to adjournment.


Mr. Benjamin Williams, one of the commissioners appointed to superintend and conduct the balloting for the place at which the seat of government shall be fixed, Reported, That no one place ballotted for had a majority of votes.


Ordered, That the commissioners proceed to a second balloting.


The report of the committee of the whole Convention, according to order was taken up and read in the same words as on yesterday, when it was moved by Mr. Thomas Person, and seconded by Mr. John Macon, that the Convention do coneur therewith, which was objected to by Mr. Archibald Maelaine. The question being put, Will the Convention conenr with the report of the Committee of the whole Convention or not ? it was carried in the affirmative: Where- upon Mr. Davie called for the yeas and nays, and was seconded by Mr. Cabarrus, which are as follows:


Nays .- Ilis Excellency, Sam. Johnston, Esq., President ; Mossrs. James Iredell, Archibald Maclaine, Nathan Keais, John G. Blount, Thomas Alderson, John Johnston, Andrew Oliver, Goodwin Ellis- ton, Charles M'Dowall, Richard D. Spaight, Wm. J. Dawson, James Porterfield, Wm. Barry Grove, George Elliott, Wallis Styron, Win. Shepperd (Carteret), James Phillips, John Humphries, Mich. Payne, Charles Johnson, Stephen Cabarrus, Edmund Blount (Cho- wan), IIenry Abbott, Isaac Gregory, Peter Dange, Charles Grandy, Enoch Sawyer, George Lucas, John Willis, John Cade, Elias Barnes, Neil Brown, James Winchester, Wm. Stokes, Thomas Stewart, Josiah Collins, Thomas Ilines, Nat Jones, John Steele, Win. R. Davie, Jo- seph Reddick, James Gregory, Thomas Hunter (Gates), Thomas Wyns, Abraham Jones, John Eborne, James Jasper, Caleb Foreman, Seth Hovey, John Sloan, John Moore, Win. Maclaine, Nathan Mayo, Wm. Slade, Wm. M'Kenzie, Robert Irwin, John Lane, Thomas


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STATE RECORDS.


Reading, Edward Everagain, Enoch Relfe, Devotion Davis, Wm. Skinner, Joshua Skinner, Thomas Harvey, John Skinner, Samuel Harrel, Joseph Leech, Wm. Bridges, Win. Burden, Edmund Blount, (Tyrrel), Simeon Spruill, David Tanner, Whitmill Hill, Benjamin Smith, John Sitgreaves, Nathaniel Allen, Thomas Owen, George Wyns, David Perkins, Joseph Ferebee, Win. Ferebee, and Win. Baker-83.


Yeas-Messrs. Willie Jones, Sam. Spencer, Lewis Lanier, Thos. Wade, Dan. Gould, Jas. Bonner, Alexious M. Forster, Lewis Dupree, Thomas Brown, James Greenlee, Jos. M'Dowal, Robert Miller, Benj. Williams, Richard Nixon, Thomas Armstrong, Alexr. M'Allister, Robert Diekins, George Roberts, John Womack, Ambrose Ramsey, James Anderson, Joseph Stewart, William Vestal, Thomas Evans, Thos. Hardiman, Robert Weakley, Win. Donaldson, Win. Dobins, Robert Diggs, Bythel Bell, Elisha Battle, Wm. Fort, Etheld. Gray, Win, Lancaster, Thos. Sherrod, John Norwood, Sterling Du- pree, Robert Williams, Richard Moye, Arthur Forbes, David Cald- well, Wm. Gondy, Daniel Gillespie, John Anderson, John Hamilton, Thomas Person, Joseph Taylor, Thornton Yancey, Howel Lewis, Junr., Elijah Mitchell, George Moore, George Ledbetter, Wm. Por- ter, Zebedee Wood, Edmund Waddell, James Gallaway, John Regan, Joseph Winston, James Gains, Charles M'Annely, Absalom Bostiek, John Scott, Jolm Dunkin, David Dodd, Curtis Ivey, Lewis Holmes, Richard Clinton, Hardy Hohnes, Robert Allison, James Stewart, John Tipton, John Macon, Thomas Christmas, Henry Montfort, Win. Taylor, James Hanley, Brittain Sanders, Win. Lenoir, Richard Allen, John Brown, Jos. Herndon, Jas. Fletcher, Lemuel Burkit, Wm. Little, Thos. King, Nathan Bryan, John HI. Bryan, Edward Whitty, Robt. Alexander, James Johnston, John Cox, John Carrel, Corn. Doud, Thos. Tyson, Wm. Martin, Thomas Hunter ( Martin), Jos. Graham, Wm, Loftin, Wm. Kindal, Thos. Ussery, Thos. Butler, John Benford, Jas. Vaughan, Rob. Peebles, Jas. Vinson, Wm. S. Marnes, Ilowel Ellin, Redman Bunn, John Barnes, David Pridgen, Daniel Yates, Thos. Johnston, John Spicer, A. Tatom, Alexr. Me- bane, Wm. Mebane, Wm. M'Cauley, Wm. Shepperd (Orange), Johnathan Lindley, Wyatt Hawkins, James Payne, John Graves, John Blair, Joseph Tipton, Wm. Bethell, Abraham Phillips, John May, Charles Gallaway, James Boswell, John M'Allister, David Looney, John Sharpe, Joseph Gaitier, John A. Campbell, John Pugh


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STATE RECORDS.


Williams, Wmn. Marshall, Charles Robertson, James Gillespie, Charles Ward, Wm. Randal, Frederick Harget, Richard M'Kinnie, John Cains, Jacob Leonard, Thomas Carson, Richard Singleton, Jas. Whiteside, Caleb Phifer, Zachias Wilson, Joseph Douglas, Thomas Dougan, James Kenan, John Jones, Egbert Haywood, Wmn. Wootten, John Branch, Henry Ilill, Andrew Bass, Joseph Boon, Wmn. Farmer, John Bryan, Edward Williams, Francis Oliver, Mathew Brooks, Griffith Rutherford, George II. Barringer, Timothy Bloodworth, Everet Pearce, Asahel Rawlins, James Wilson, James Roddy, Sam. Cain, Benj. Covington, Joseph M'Dowal, Junr., Durham Hall, James Bloodworth, Joel Lane, James Hinton, Thomas Devane, James Bran- non, Wm. Dickson, Burwell Mooring, Mathew Lock, and Stokely Donelson-184.


On a motion made by Mr. Willie Jones, and seconded by Mr. James Gallaway, the following resolution was adopted, viz:


Whereas this convention has thought proper, neither to ratify nor reject the constitution proposed for the goverment of the United States; and as Congress will proceed to act under the said constitu- tion, ten States having ratified the same, and probably lay an impost on goods imported into the said ratifying States :


Resolved, That it be recommended to the Legislature of this State, that whenever Congress shall pass a law for collecting an impost in the States aforesaid, this State enact a law for collecting a similar impost on goods imported into this State, and appropriate the money arising therefrom to the use of Congress.


On the question to agree to this resolution the yeas and nays were required by Mr. John G. Blount, and seconded by Mr. Spaight, which are as follows :




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