Western Carolinian

              the western caroeinian published weekly john beard jr editor and proiiriet xiinihtr from tht beginning 703 no 38 of till xvth volume salisbury rowan county iv ('. saturday january 17 l.k_t5 legislative report l nil tho ovils alluded to li would iw ssiblo ... practice that tins discretion cold bo ml'olt con frolleil and it haa boon forttinuto that lha iierni clous ctflbcl ofthe acl of 1827 if litorull constru , '' 1 i 1 nnforcod bus been arrested l.v the caution and wisdom of tha judges in confining its opera tion to proscribed limits hut it nun be m-i.e.l — cannot the assembly ii the rule to gov in this discretion in tho judges and specif lhe cases in which in the opinion ol i the logisluturo divorces should he granted ! can not the logisluturo frn mo n law with such provi se ms us ui effect to diminish the numbor of nppli cants to this body and at the same time restrict lhe power of divorce in llie c is i to lhis the i lommiltoa answer by inquiring whether it ha con sislenl will sound policy 11 the legislature to ex lend lhe powor 10 111 lee mt all he | its prosonl limits as lixe.l by the adjudications of the courts iiiiii the cases mo designated l low ' if not then there is an end to tlie question if 11 is ato to en largo this power thon the 1 it nittea are met with the obvious suggestion whether ii l>e practicable to enumerate and classify all the uses proper to lie heard hy the ( oints — so as to embrace all applica tions uud prevent entirely tho necessity of legisla tive interfor the committee believe that if would nut is practicable to 11 t everv variety of easi — and should llie causes of divorce is deli i unless the application came wholly within the deli niiion it must l refused for reasons now given by the courts and by virtue of a construction which has liir its object ihe wise policy of preserving the marriage obligation sacred and inviolate the committee are satisfied that the adoption of any principle which would destroy or weaken this poll cy would is most inexpedient uud injudicious in the legislature state legislature the law of divorces ont who wero appointed to hoid ihe polls in taking il.e v..ie nn convention slmil hold ihem for the election 1 delegates | provided that if any of such inspectors slmil fail to attend or act ihe sheriff nnd thoir deputies shall supply their plu es 111 the milli ner ileum l_oli.ro pointed ut vi be it further enacted thai the several county courts shall allow ihe sheriffs ihe aamo compensation for holding said elections thai thoy iisu illv allow for holding oilier slate elections and if any harilt or other offioar appointed to hold sa.d elections ahull fail t comply wuh the requisi n.ms 1 1 thii i he slmil he liable 1 n fl i ne thousand dollara raaaverabla before an ipetonl jurisdiction to tl se of ihe oountv whose officer ll is ami ll shall lie lll.'dlltv of i he c unit s.i i ici low i prosecute such suits nil he it further enacted thnt till persons qunlifiod to vote for members of the house of c - ns under the present constitution shall |«. en titled to vole for members lo said i lonvapi ami ull free white men of the age of twenty years wh shall have been reside i 11 the slate one year previous in ami shall continue to i so resident ul the time of election shall ih eligible to .. seat in said convention 1 provided he possess the freehold required of a member of the house of commons under ilie present constitution viii he it further cniictctl that each entity in this state shall be entitled to elect two delegates t said convention nn.l no more members f ilm assembly and officers i ihe stato ... those who hold pi lies of trust undor the authu ritj 1 tins state from being or continuing such while 1 li \ i...i.i any other office or appointment un der the governmenl of this siat of the i nited slates nr anv ul her got eminent whnlsoovoc 3rd i pi oi.le thai capitation inx on slaves and li'ee white polls shull be equal throughout the suite — ith 1 provide f'.ir some de of appointing and removing frum office militia officers and justices of ibe peace different from 1h.1t which is 111 iw prac ticed th to compel the members of thn gene ral assemble lo n mm voce in lha oloelion of of i'n is whoso uppointmont is conferred on that l....l oth to mu mil ih thirl see ml article of ihe < ion slitulioii of the state 7 1 ll to prot i.lo i'or supply - mg vacancies u the general assemblj of this state when such a.-iiiieies ooour l>v resignation or death or otherwise before tha mooting of tha general assambly 8th to provide for biennial meetings instead nf an al meetings ol tl.e cenert.l assem bly ; nn.l if thev hull determine on biennial sessions then they may altar ihe constitution ... inch parti of it as require the annua election of members of assembly nud officers nf state and ihe triennial election of secretary of stato nnd provide for their elect 1 11 1 every t«o veins illli to provide for the election of governor of the state by the qunlifiod voters for the mombnrs ot the i louse of i ommons ; nl io prescribe the term for which the governor shall l.e elected and the number of terms during which he shall be eligible and il.e said conven tion shall adopt or in anc.'s for carrying into effect il.e amendments which shall is made and shall i'he t'oiii.iullee on the l.i.l.ci.iry to which was nferrod s resolution instructing them to inquire into the propriety of extending tho power ofthe superior courts of this state in granting divorcos pud also a resolution instructing them to roporl u ihll providing that in all applications heruaflnr for divorces lhe cause set forth ill il.e petition ball l reminded l.y tl.e i in is us a mailer of fat i ; uml if adjudged by a jury to he sullioiciit thut ihe courl shull pronounce a divorce according to the verdict either from the bonds of matrimony or li„in ihmi un i board — having considered thu nine reapecllull report i tlml the object of those resolutions is t . . inati tnie uu inquiry whether the jurisdiction in all ca m of him ne cu ut i ith propriety ih trans fund to llie nils instead of the legislature f a literal construction i ml ix-.-n given t the t\rl xxf 1827 — by which tl.e superior courts have ii|olo und exclusive jurisdiction in all cases of up plications lor divoree whenever ihey may is su imlii'il upon due ev deuce presented ol lhe justice ul such application — this object would seem lo linn been aiiiii i lint tl.i.i acl having afforded tin rule or standard hy which the courts ill the cx erciau of ilus unlimited discretion should he regu lil i they have settled on a construction which narrows tlie exercise of the power iu ihe courts lo divorce to limits which embrace little more than the causes li.r which under lhe act of 1814 divor ces are nil wed if we are to judge from the ge neral phraseology ofthe act of 1827 this construc tion has to some extent defeated the intention of tl.e legislature — although it is scarcely possible thut lhe courts which are usually governed by fixed rules could have e curie i in a different con tnictii.il of an act which invests ihem with the dhst wild and unguarded discretion in a matter in volving tl.e morals ami welfare of the whole coin n.ui.itv this adjudication having been made it now becomes necessary to impure whether the le gislature will iimuin invest tl.e courts with unlimi ted power on the subject of divorce — nn.l whether il will establish any rules governing them in the exercise of this power ; li.r without flies standards tho power would is ineffectual this is the inqui ry submitted to the committee : and iu the inves tigation ofthe subject they find it involved in more lilli.'iilty than n . superficial attention would indicate on the one side the committee are sensible that ihe lime of the general assembly is very impro perly consumed by heurin the frequent applica tions for divorce which nre submitted for its const deration — that if the legislature have tho power to divorce which is well double i il is very ohvi nsthat it is u tribunal every way iinlilted for its exercise — which should never on attempted but on the most extraordinary occasions — that injustice is often done to one or the other of the parlies and ilier persons interested in the most solemn c inirt known to the law nud enforced l.y every obli gation of morals and religion on the other hand in vesl the courts with unlimited discretion which is the only mode to effect the object contemplated by the resolutions in ibe power to divorce with mi injunction that the power shall is effectual sithoul doflning the limits find prescribing the siiiiulur.ls according to which this discretion shall lie directed would is productive of the most rtlin nnaod embarrassing results the law in itsopo tltion would is destitute of the first essentia principle of all legislation in a government of laws uniformity in their administration the discretion uf euch judge would he his rule of action — which eent to no rule at all — for this dis esserily is as unfixed and ih.ciu s and understandings ofthe judges in each other — applicants for hi ejected r granted l.y no uniform on of lo-ilav would lie reversed the whole subject would lie thrown 1 uncertainty the demoralising results are apparent on the slight ll axparinnce ns well s theory e jiisl.ee of the policy wlncl pre ksible the separation of man and inw ih unhappy consequences on which a knowledge of tho facility cos may be obtained must inevi i impairs the sanclitv and degradea aracter of the marriage vow by . ported is lhe union two persons ie one — and iu religion so holy is io separation is allowed of thai joined together the knowledge a prayer for divorce rosicd iu the single judge would widen tl.e ireh of domestic happiness — and cause of offence from the least :., to the stain of deepest dye on lid is anught tiller and pursued as dicial interference — sincerity ol be supplanted l.v alienation ; and ipineas caused by momentary folly would liml no hope of relief in a iliation ; the doors og-aslomestic opened and seldom closed n.-ain n tie when once made is inilkso ng sluill sever it — is the is-st secu certion to rendereachollier happy liril of contentment with their lot ioml'll..ll kx ... jivki.v ihom tin im.kl.,11 stab | saturday january iii 1880 | i purl nf lh pnun dings of this day was publish ed in nur last paper ; the fxillawing additional portion wus not received ... season /.. appear at the same lime nn i is - in ii now iii order lo complete our journal of proceeding t flir that day — ed house op commons mr sla.le presented lhe following resolution : \\ herons lhe legislature ul its session in iho min 18'jm pusseil a resolution in the following w..i is . resolved that ihe secretary of state e ami he s hereby directed to issue t the trustees f the university of this state warrants iu each cms nn lhe muster mil of the coiilinenliil linn of this slale win in warrants have not heretofore is sued ; and llu.l the said trustees hold tin same and ibe lauds lo is entered hy virtue thereof in trust for the officers i.n.l soldiers wh performed the military servicos for which said warrants shall issue provided thai if no claim ik exhibited by the said officers or soldiers or iheir legal repre scntalives within seven years from the 1st day i january next lhe si ill trust shall cease and deter mine ami whereas the limitation in the sni.l resolution has expired and l.iiinv honest claimants lo said land warrants or lands founded on them yet exisl : therefore ix rr il further enacted that if nny viicuiiev shull ik.cr in any county delegation by death or otherwise the governor shall forthwith issue u writ tn supply the vacancy ; and the delegates shall con vene iii or near the city of kale.gh on the fust thursday iu jut exl ; nn.l provided thai u quo rum does not attend on il day the delegates mav adjourn from day to day until a quorum is present ; and a majority f delegates elected shall constitute a quorum 10 do business x lie it further enacted that no delegate elect shall ik per lifted in take his sent in conven tion until he shall have taken i subscribed the following oath or affirmation i 1 a it do sole ily swear or affirm as the case mny is that i will not either direi-lly or indirectly evade or disre gard the duties enjoined or the limits fixed to this convention y tli people of north carolina as set forth in the act of il.e iener.il assembly passed in 1884 entitled " an acl concerning n conven tion to amend tl.e constitution ofthe stale f north carolina whioh act was ratified by the people so help me god xl he it further enacted that the public trea surer imi und he is hereby authorised to pay iqs the warrant ofthe governor such sums of money us mny bo necessary liir ihe coiilinge.il charges of ihe convention ; id ulso to pay ench member of convention one dollar nn.l fitly cents js-r day du ring his atteddance thereon and five cents for eve ry mile he may travel to i from tl.e convention xii he it further enacted that it shall is the duly of the governor immediately after the rati fication of this act to transmit a copy to each county court clerk in the state and cause it to is published until the meeting ofthe convention iu the newspapers ofthe slate xiii he it further enacted that the foil . wing propositions shall he submit led lothe people liir then assent or dissent to lhe tame ', the former of which shull he understood as expressed by il.e votes " for convention and tl.e hitler hy the vote no cou venlion at the time and iu the mode herein before provided in wit i that the said invention when a quorum ofthe delegates win shall ik elected and assembled shall frame i devise amendments i the constitution of this state so as to reduce the number of members in the senate lo not less ill in thirty-four or more than fifty to he elected l.y dis tricts ; which districts shall is iniil off at conveni ent and prescribed periods by counties in propor tion to the public taxes paid into tl.e treasury of the state by the citizens thereof provided that no county shall is divided in the formation of a sb notorial dist net ; ami when there are one or more counties having nu excess of taxation above tin ra tio required to form a senatorial district adjoining u county or counties deficient in such ratio tl.e ex cess or excesses aforesaid shull is added to t'.e taxation ofthe c unity nr counties deficient and if will such addition the countv or counties receiv ing it shall have tl.e requisite ratio such county ami counties euch shull constitute .. senatorial dis trict l thnt the said convention shall form ami devise a further amendment to tl.e said const lion whereby to reduce the number of members in the house ofcoramons to not less thim ninety nor re than one hundred and twenty exclusive of borough ii hers which the convention shall have the discretion to ex t...le in whole or in part ; and the residue in is elected by utics or districts nr both according lo their federal puptllatun viz ac cording to tlmir respective numbers which stmii is determined hv adding to the whole number of free persons inch liny those bound to service for a term of years and excluding indians not taxed three fifths of all other persons and the enumera tion t is in i at convenient mnl prescribed peri ods ; hut each county shall have at least one mem 1st in the house of commons although it may not contain the requisite ratio of population 8rd thai the said convention shall also frame i devise amendments t said constitution whereby it shall is made poena an ry for persons voting for a senator and persons eligible to the senate to possoai the same residence and freehold qualifications respect ivelv in the senatorial district ss is now required in the county : provided thai they shall m in any in r disqualify any of the free while men of this slate iron voting f.r members in the house of commons who are qualified to vote under the ex i-tiuii constitution oi this stale 4th that said convention may als consider of and in their dis crete.ii propose tin following other uinen.lihei.ts to the aid constitution or any of them to wit : so as 1st to abrogate or restrict the right of free negroes or mulattos to vote for members of the senate or house of commons lid to disqualify resolved thai a select committee im raised for the purpose of inquiring into tl.o n ssilv of legis lation on this subject und report lo lhis ili.u.-e tbo result ofsuoh inquiry the resolution wns adopted and messrs blade haywood rnrringnr henderson nn.l outhiw q poiiiled the select ciinunitlee the ii use proceeded to lhe order of the day i took up the resolutions heretofore submitted by mr henderson relating tn the public inn is mr bragg moved thut the s.ii.l resolutions ho on tlm table ; which was negatived 7 to 4(1 mr j w linn moved that they iki made the order of the day for monday next ; which was not agreed to - n in 1(1 four ineffectual motions were success ively made lo adjourn mr hay wood then moved that ihe resolutions is allien led so us to reu.l us follows bul before ihu question wns taken tlm house adjourned • resolved ns the pit ion of this general assam i.lv tlml the public domain of tl.e united states which was ceded lo the national covcrnnie.it bv this state ill by the olher states is a trust fund which belongs to the slates according to the terms of ihe several acts of cession nnd it would bo « breach of li.ith by the national government if these lands should by nny act of congress is directly or indirectly given fo lhe new slates iu which those lands nre located without the previous usseut of thn other slates resolved further that the public domain of tho united states which was purchased by the gone ral ever ut is of righl ihe oininnli property of the slates and any act of congress by which those lands shall is directly or indirectly given to the new states in which tiiose lands ure hs-aled without the previous assent ofthe others would be a violation ofthe rights ofthe other states resolved thut whenever the proceeds of tho public lands shall not is wanted liir tho legitimate purposes of the national government some provi sion consistent with the constitution ought to is made for their distribution according to the princi ples declared iii the foregoing resolutions and if the constitution of the united states accor r . to its true meaning forbids such provision to is ma in by congress the subject oughl lo is referred to tl.o states for iheir determination thnt they may lo le.ii.ine whether they will consent to give such power or not — — — submit such amendments tn the all il.e qualified voters of lhe slate ; hut they ahull not alter any other article nf the constitution i hill nf rights nor propose any aine.idu.enls to lhe same except those which are herein before enu merated as to llie resolution which suggests that the ju ry instead of the judge re to is invested will the discretion of declaring whether tl.e causes set forth iu 1111 application for divorce are sufficient or not tl.e reasons which induce the committee to is-lieve that if would lie improper to entrust tl.e judge with this dangerous power are still more forcibly and obviously true when upplied to the jury the committee conclude with the conviction that it is hn i jkilicy to extend tl.e power of divorce beyond the limit ol the present law nn.l ask to he discharged from too further consideration of the resolutions xiv he it further enacted that if a majority of voters at the election first directed to bi held by lhis act shall is found for convention it shall is considered and understood hint the people by their vote as aforesaid have conferred .... the delegates lo said convention tho power mid autho rity i make alterations and amendments in the ex isting constitution of the stats in tl.e particulars herein enumerated or anv of ihem hut in no others xv rr il further enacted that the sni.l con vention after having adopted amend cuts to tl.e constitution in any or all f said particulars shall prescribe some i le for the ratification of the same by the people or their representatives and shall prescribe all necessary ordinances and regu lations for the purpose of giving full operation and effect to the coiisliliitiiin as altered and amended respectfully submitted i m barringer chairman an alt concerning a convention to amend the constitu xvi lie it further enaetetl that the conven tion shall provide in what manner amendments sl.nll in future be made-to the constitution of the slate tion of the state whereas the general assembly of north caro lina have reason to believe that a large portion if not a majority of tl.e free men of he state ure anxious to amend tl.e constitution thereof iu cer tain particulars herei.ialter specified j nn.l whereas while l.e general assembly disclaim nil right nml power in themselves to niter the fundamental law ihey consider it their duty to adopt measures for ascertaining tin will of their constituents and to provide tl.e means for carrying thut will into effect when ascertained therefore be il enacted by the iencral assembly of the stale of north carolina and it is hereby enacted by the authority of the same that the court of pleas and quarter sessions of each and every coun ty ill the state at the first term that shall is held after the first day of january 1 *•'!•">, shall appoint two inspectors to superintend the polls to be opened at each anil overy election precinct in said counties for ascertaining by ballot the will of the freemen of north carolina relative to tho meeting of a state convention and if any court or courts should fall to make such appointments or if any inspector sn appointed shall fail to net il shall is the duty of lhe sheriff or the s'rsnu acting as his deputy on such occasion with tl.e advice of one justice of the peace or if none is present with the advice ... three froeiioi.ieis i appoint an inspector or inspec tors in the place of him or them who tail lo act which inspectors when duly sworn by some justice of the peace or freeholder ta perform the duties of the place will fidelity shall have the same au thority as if appointed by lie court ii be it further enacted that it shall is the duty of the sheriffs id flu res|s:ctive counties in this state t pen polls at the several election pre cincts iu said counties .... wednesday and thurs day llie 1st ami il of april next ; w lieu i.n.l whir all persons qualified by the constitution to vote for members of the ii se of commons may vote for or again-t a state convention llmse win wish a convention voting with a printed or written ticket " convention and those who 1 no wan a con v nil 11 voting it the same way " no coiiven 1 tion or " against convention iii be it further enacted tlml i shall be the duty of the sheriffs to make duplicate statements of iheir polls iu their respective counties swum to before the clerk of the county court one copy of which shall be deposited in suid clerk's office and the other copy transmitted to the governor of the suite at raleigh immediately utter the election iv re it fiirtlnr enacted that it shull is the duty nf tlie governor as soon as he shull have re coiled the returns of the sheriffs in the presence ofthe secretary of slate public treasurer and comptroller to compare the number of votes for and against .. convention : and if it shall appear thai a majority of the votes polled are in favor of it he shall forthwith publish a proclamation ofthe fact in such of tl.e newspaper a lie may think proper and shall issue a writ of election tn every sheriff of the state requiring him to open polls f.r the election of delegates in tlie convention at the 1 same places and under tl.e same rules os pre-cri bed f.r holdiug other slate elections and at such time as ibe governor may designate read three times and rati lie i in i . general assembly dili jaiii.a > ry 18 s wm j alexander s ii c wm i moseley s s an act supple 11 tn 1 lo nn act passed nt the present session entitled aii act concerning a convention to amend the constitution of il.e slats of north carolina be it enacted hy the lincrnl assembly of the state of north carolina and it is hereby enact ed by the authority of the same that ihe follow ing propositions shall is submitted to the s-oplo for iheir assent or dissent iu the same manner and under the same forms regulations and restrictions as were p.esci'ils'.l i adopted it fill act passed at the present session entitled an act concern ing a convention to end the constitution of il.e state of north carolina that the suid conven tion may in their discretion devise i propose the following amendments to the said constitution or nny of them so as 1st to provide that the attorney general shall is elected for n term of years 2nd ']'■■ provide » tribunal wlierehv llie judges of the supreme ami superior courts ami other officers of il.e state may is impeached iiiiii tried for corruption and tnul-pruclicc.s in nflico — nl to provide lhat upon conviction of any jus tice of the peace of any inliiiiiuiis crime or of corruption and malpractice in office his commis sion shall is vacated i snid justice rendered forever disqualified fr holding such appointment 4th to provide for iho removal of nnv of the judges i the supreme or superior courts i.i consequence of menial or physical inability upon a concurrent resolution oftwo-thirdsof both branch es xxf ihe legislature th to provide that the salaries of the judges shall no be diminished du ring their continuance in office ith and to pro vide gainst unnecessary private legislation 7th i'n provide t i in i no judge of the supreme or sn.s rior on is shall whilst retaining their judicial office is eligible :,, „, ly ,, t h ur . except to the su preme court bench ii ami be it further enacted that should the people decide in favor of a call of a convention as i provided for in the before referred i act ihe said convention is hereby authorised and empow ered to consider of and in iheir discretion propose the above additional amendments lu il.e sunt con stil.it or any of ihem kind three times uml ratified in \ general assembly 0th janu ary 1838 s monday january 5 1 835 senate mr wychc.froin tho select commillee to whom was referred so much of the governor's message as relates to tl.e transmission f c.-rtuin public do cuments und lhe publication of ihe acts of assem bly made a report thereon uccninpunied by iho following resolutions which were n.-u.l three limes and ordered to be enrolled except the second which was stricken out : resolved thut the governor lie authorised to procure i transmit to each branch of the legis lative department nf the united slates and of tho several slates in the union a copy of lhe public laws of this state us published annually bv tho public printer ' resolced that the governor lie authorised to appoint annually n person properly qualified to ar range lhe order in which the laws'shall is publish ed to revise the proof sheets to prepare a table of e intents a general index and marginal notes who shall receive such compensation us may is deemed nd quale to this service not exceeding one hundred dollars resolved that il.e governor shall lie authorised lo transmit to the executive nf the united states and of the several states any public docu nts wln.-h mny is published by order ofthe public au thorities of lie suite i l.e iiill rewarding persons for taking up rnnn way slaves lhe property or citizens ,. t ' ,| lw s(alt wns variously amended passed the third reudi and ordered to is engrossed the title of the hill now reads a hill rewarding persons for taking up runaway staves the property of citizens of this slate in pennsylvania new york connecticut new jersey i massachusetts the bill to p i i.le a fund f.,r the establishment f i'lie schools in north carolina wus rejected on ita second nailing ; upon which oh motion of mr carson il was resolved lliul the suid bill shall be printed i ap|si m led to the laws passed at this session the house of commons having concurred in the ninendinents to ihe engrossed lr.ll to empower ihe county courts of yancey to lay a inx to en j courage the destruction of wolves it said rnuimg for these relate to the p..li hiii'ln ' llie ■ i ' 1 1 • t i . t i — 1 1 , . . t the iiinniiittt would is wise in the legislature to restrict us possible if not altogether tl.e power i [• and hence it is that although l.y the unlimited power is apparently given | th.-y have properly refi.nii 1 in favor of divorces except in hn-'l tl.e legislature before p^hrml in cases of like kind to say i^ce should is granted whenever a pro out according to the discretion any fixed nnd uniform ih im i would be productive wm j alexander b ii c u m i mosklky s s f*7 more man-worship the following lis gusting sentence oecura in „ letter written in .. mr it 0 ilnrris |,> the recent van lliiren convention held in mississippi : andrew jackson bus more friends in hfsslssipp thm ever b had all the old hero has to do is ... lu fsi.hr.il unto death and we will give in a crown o tilor !" v be it further enacted that the same per