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Minutes of the North Carolina Constitutional Convention at Fayetteville
North Carolina. Convention (1789)
November 16, 1789 - November 22, 1789
Volume 22, Pages 36-53

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JOURNAL OF THE CONVENTION OF N. C., 1789.

At a Convention begun and held at Fayetteville, on the Third Monday of November, One Thousand Seven Hundred and Eighty Nine, agreeable to the Resolutions of the late General Assembly, bearing Date the Seventeenth of November, one Thousand Seven Hundred and Eighty Eight.

The returning officers for the several counties and borough towns, certified that the following persons were duly elected to represent the same in Convention, to-wit, For

Anson county—The Hon. Samuel Spencer, Esq. Jesse Gilbert, Pleasant May, Thomas Wade, David Jameson.
Beaufort—John G. Blount, William Brown, Richard Grist, Alderson Ellison, Silas W. Arnett.
Bertie—John Johnston, Francis Pugh, William Johnston Dawson, David Turner, David Stone.
Brunswick—Benjamin Smith, William E. Lord, William Gause, John Hall, Dennis Hawkins.
Bladen—John Cowan, Duncan Stewart, Thomas Owen, Joseph Gaitier, Thomas Brown.
Burke—Charles M’Dowall, Joseph M’Dowall, Joseph M’Dowall, Jun., William E. Erwin, John Carson.
Craven—John Allen, Richard Nixon, Joseph Leech, Thomas Williams.
Cumberland—John Ingram, John Hay, William B. Grove, James Moore, Robert Adam.
Carteret—John Easton, Malachi Bell, John Fulford, Wallace Styron, John Wallace.
Currituck—William Ferebee, Thomas P. Williams, Samuel Ferebee, Andrew Duke, Spence Hall.
Chowan—Stephen Cabarrus, Charles Johnson, Lemuel Creecy, Edmund Blount.
Camden—Isaac Gregory, Peter Dauge, Enoch Sawyer, Henry Abbott, Charles Grandy.
Caswell—John Wommack, Robert Dickens, John Graves, Robert Payne, Robert Bowman.
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Chatham—Robert Edwards, William Vestall, John Thompson, John Ramsay, James Anderson.
Dobbs—
Duplin—James Pearsall, James Gillespie, Robert Dickson, Lavan Watkins, James Kenan.
Davidson—Charles Gerrard, Joel Rice, Robert Ewing, James C. Mountflorence, William Dobbin.
Edgecombe—Etheldred Phillips, Thomas Blount, Jeremiah Hilliard, Etheldred Gray, William Fort.
Franklin—Henry Hill, Thomas Sherrod, Jordan Hill, William Lancaster, William Christmas.
Guilford—John Hamilton, William Gowdy, Richard D. Caldwell, Daniel Gillespie.
Granville—Elijah Mitchell, Thomas Person, Thornton Yancey, Peter Bennett, Edmund Taylor, Jun.
Gates—David Rice, Joseph Riddick, John Baker.
Greene—John Sevier, Alexander Outlaw, John Allison, George Doherty, James Wilson.
Halifax—Lunsford Long, John B. Ashe, Peter Qualls, John Whitaker, Marmaduke Norfleet.
Hertford—Thomas Wynns, Robert Montgomery, Hardy Murfee, Henry Hill, Henry Baker.
Hyde—John Eborn, James Watson, John Alderson, James Jasper, Michael Peters.
Hawkins—Nathaniel Henderson, James White, John Hunt.
Johnston—Samuel Smith, Hardy Bryan, William Bridgers, William Hackney, Matthias Handy.
Jones—Frederick Hargett, Edward Whitty, John H. Bryan, Jacob Johnston.
Iredell—Adlai Osborn, Adam Brevard, Musentine Matthews, John Nesbitt, David Caldwell.
Lincoln—Joseph Dickson, John Moore, William M’Laine, Robert Alexander, John Caruth.
Moore—William Martin, Thomas Tyson, Donald M’Intosh, Neill M’Leod.
Martin—John Stewart, William Williams, Nathan Mayo.
Mecklenburg—Zachias Wilson, Joseph Douglass, Caleb Phifer, Joseph Graham, James Porter.
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Montgomery—William Johnston, James Turner, James Tindall, David Nesbitt, James Crump.
Northampton—John M. Benford, Halcott B. Pride, Samuel Tarver, Robert Peebles, Samuel Peete.
New Hanover—Timothy Bloodworth, John G. Scull, John Huske, John A. Campbell.
Nash—Howell Ellin, Wilson Vick, William S. Marnes, John Bonds, Hardy Griffin.
Onslow—Robert W. Sneed, John Spicer, Daniel Yates, George Mitchell, Edward Ward.
Orange—James Christmass, Alexander Mebane, Thomas H. Perkins, William F. Strudwick, Joseph Hodge.
Pasquotank—Edward Everegain, John Swan, Thomas Banks, Devotion Davis.
Perquimans—His Excellency, Samuel Johnston, John Skinner, Joseph Harvey, Benjamin Perry, Ashbury Sutton.
Pitt—William Blount, Shadrick Allen, James Armstrong, Samuel Simpson, Benjamin Bell.
Rowan—George H. Berger, Bazel Gaither, John Stokes, Maxwell Chambers, Matthew Lock.
Randolph—Zebedee Wood, Reuben Wood, Nathan Stedman.
Richmond—Edward Williams, Alexander Watson, William Robinson, Duncan M’Farland.
Rutherford—William Porter, James Holland, Richard Lewis, William Johnson.
Rockingham—William Bethell, James Gallaway, Isaac Clarke, Abram Phillips, John Dabney.
Robeson—John Willis, Elias Barnes, Neill Brown, John Cade, Sion Alford.
Surry—Joseph Winston, Gideon Edwards, Absalom Bostwick, Edward Lovell, George Houser.
Sullivan—John Rhea, William Nash, John Scott, Joseph Martin.
Sampson—Richard Clinton, James Spiller, James Thompson, Hardy Holmes, William King.
Sumner—Daniel Smith, David Wilson, Samuel Mason, Edward Douglass, John Overton.
Tennessee—John Montgomery, John Drew, Thomas Johnston, William Blount, Benjamin Menees.
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Tyrrell—Thomas Stewart, Hugh Williamson, Jeremiah Frazier, Simeon Spruill, Samuel Chesson.
Washington—Landon Carter, Robert Love, John Blair, William Houston, Andrew Green.
Warren—Benjamin Hawkins, Philemon Hawkins, Solomon Green, Wyatt Hawkins, Thomas Christmass.
Wayne—Richard M’Kinnie, Burwell Mooring, David Cogdell, Josiah Jernigan, James Handley.
Wake—Joel Lane, Thomas Hines, Henry Lane, Brittain Sanders, William Hayes.
Wilkes—John Brown, William Lenoir, Joseph Herndon, Benjamin Jones, William Nall.
Town of Salisbury—John Steele.
Edenton—John Mare.
Hillsboro—Samuel Benton.
Newbern—Isaac Guion.
Halifax—William R. Davie.
Wilmington—William N. Hill.

Pursuant to which the following members appeared and took their seats, to-wit:

(261 members were present. Their names appear above.)

Mr. Stokes proposed for President his excellency Samuel Johnston, Esq., who was unanimously chosen as President; at the same time proposed the Honourable Charles Johnson as Vice President, who was unanimously chosen Vice President, and conducted to the chair in absence of the President.

John Hunt and James Taylor were appointed Secretaries to this convention.

On a motion made by Mr. Davie, Resolved, That a committee of elections be appointed, consisting of two members from each district. The members chosen are Mr. Overton, Mr. Smith, Mr. Carter, Mr. Martin, Mr. M’Lean, Mr. Dickson, Mr. Stokes, Mr. Lock, Mr. Person, Mr. Mebane, Mr. P. Hawkins, Mr. Davie, Mr. Cabarrus, Mr. Skinner, Mr. Easton, Mr. Armstrong, Mr. Kenan, Mr. Bloodworth, M. Grove, Mr. Ingram.

On a motion made by Mr. Blount, Resolved, That a committee of five members be appointed, to prepare and draw up rules of order and decorum to be observed by the Convention during the sitting

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thereof. The members chosen for this purpose, are Mr. W. Blount, Mr. Bloodworth, Mr. Gallaway, Mr. Davie, Mr. B. Hawkins.

On motion, Peter Gooding, James Mulloy, William Murphy and Nicholas Murphey, were appointed Doorkeepers.

The Convention adjourned until to-morrow morning ten o’clock.


Tuesday, November 17, 1789.

Met according to adjournment.

Mr. Darby Harragan, one of the members for Richmond county, and Mr. Cornelius Doud, one of the members for Moore county, appeared and took their seats.

Mr. W. Blount, from the committee appointed to prepare and draw up rules of order and decorum to be observed by the Convention, reported the following, which were agreed to, viz:

I. When the President assumes the chair, the members shall take their seats.

II. At the opening of the Convention each day, the minutes of the preceding day shall be read.

III. No member shall be allowed to speak but in his place; and after rising and addressing himself to the chair, shall not proceed until permitted by the President.

IV. No member speaking shall be interrupted, but by a call to order by the President, or by a member through the President.

V. No person shall pass between the President and person speaking.

VI. No person shall be called upon for any words of heat, but on the day on which they were spoken.

VII. A motion of adjournment from day to day, shall take place of all other motions.

VIII. No member to be referred to in debate by name.

IX. The President shall be heard without interruption; and when he rises, each member shall sit down.

X. The President himself, or by request, may call to order any member who shall transgress the rules: If a second time the President may refer to him by name, the Convention may then examine and censure the member’s conduct, he being allowed to extenuate or justify.

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XI. When two or more members are up together, the President shall determine who rose first.

XII. A motion made and seconded, shall be reduced to writing if required; a motion may be withdrawn by the member making it before any decision is had on it.

XIII. The name of him who makes, and the name of him who seconds a motion, shall be entered on the minutes.

XIV. No member shall depart the service of the convention without leave.

XV. Whenever the house shall be divided on a question, two or more tellers shall be appointed by the President to number the members on each side.

XVI. No member shall come into the house, or remove from one place to another, with his hat on, except those of the Quaker profession.

XVII. Every member of a committee shall attend to the call of his Chairman.

XVIII. The yeas and nays may be called and entered on the minutes, when any two members require it.

XIX. Every member of the Convention shall be in his place at the time to which the Convention stands adjourned, or within half an hour thereof, unless sickness prevents, or leave of absence is obtained.

XX. When any question is in debate, it shall be determined before any new motion shall be admitted, unless to amend it, to adjourn from day to day, or for the previous question.

XXI. When the previous question is called for, it shall be in this form, viz: “Shall the main question be now put?” and upon this question, those for the main question shall keep their seats.

XXII. No question shall be put on a motion unless seconded.

On a motion made by Mr. Bonds, Resolved, That the resolutions of the last General Assembly for calling the present Convention be read; which resolutions were accordingly read.

On a motion made by Mr. Williamson, and seconded by Mr. Blount, Resolved, That the Constitution or plan of government proposed for the future government of the United States of America be read. The Constitution or plan of government proposed for the future government of the United States of America was accordingly read; whereupon, a motion was made by Mr. Williamson, and seconded

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by Mr. Stokes, in the following words, to-wit: “Whereas the General Convention, which met in Philadelphia in pursuance of a recommendation of Congress, did recommend to the citizens of the United States, a Constitution or form of government in the following words, viz:

(The Constitution.)

Resolved, That this Convention, in behalf of the freemen, citizens and inhabitants of the State of North Carolina, do adopt and ratify the said Constitution and form of government.” This motion being objected to, a motion was then made by Mr. Steele, and seconded by Mr. Skinner, that the motion made by Mr. Williamson, together with the new plan of government, be referred to a committee of the whole Convention. This motion was also objected to, and the previous question called for by Mr. Gallaway, and seconded by Mr. Thomas Brown. The previous question being put, “Shall the main question be now put?” was negatived; it was then resolved that the resolution proposed by Mr. Williamson, together with the new plan of government, be referred to a committee of the whole Convention.

On a motion made by Mr. Gallaway, and seconded by Mr. Davie, Resolved, That all official papers relative to the Constitution or new plan of government, be referred to a committee of the whole Convention.

On a motion made by Mr. Hay, and seconded by Mr. Grove, Resolved, That the resolution of the last General Assembly, recommending to this Convention to take under consideration the propriety of allowing the town of Fayetteville a representation on the same terms with the other district towns in this State, be read.

The resolution being read, Mr. Hay then moved for leave to bring in an ordinance to enable the freemen of the town of Fayetteville, to elect one member to represent them in the present Convention, also one member to represent them in the House of Commons in the present Assembly, and hereafter to entitle the freemen of said town to the said right of representation in future Conventions and Assemblies—Ordered, That he have leave accordingly.

The Convention adjourned until to-morrow morning ten o’clock.

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Wednesday, November 18, 1789.

Met according to adjournment.

Mr. Elijah Chessen one of the members for Hawkins county, Mr. Benjamin Sheppard, Mr. Nathan Lassiter and Mr. Simeon Bright, three of the members for Dobbs county, Mr. Burwell Mooring, one of the members for Wayne county, and Mr. William Bailey, one of the members for Randolph county, appeared and took their seats.

On a motion made by Mr. Stokes and seconded by Mr. P. Hawkins, Resolved, That the Convention resolve itself into a committee of the whole Convention, to take under consideration the proposed Constitution or new plan of government, and such official papers relating to the same as may come before them. The Convention resolved itself into a committee of the whole accordingly, and chose John B. Ashe, Esq., chairman; and after some time spent therein, Mr. President resumed the chair, and Mr. Chairman reported, that the committee had made some progress on the business referred to them, but not having time to compleat the same, desired leave to sit again to-morrow.

Ordered, That the committee have leave to sit again to-morrow.

On a motion made by Mr. Davie, and seconded by Mr. Bloodworth, Resolved, That the Secretary do contract with the Printers of this place, to strike off three hundred copies of the amendments proposed to the new Constitution or plan of government for the United States.

Mr. Hay according to order, presented “An ordinance to enable the free men of the town of Fayetteville to elect a member to represent the said town on the same terms with the other towns in this State;” which was ordered to lie on the table.

The Convention adjourned until to-morrow morning ten o’clock.


Thursday, November 19, 1789.

Met according to adjournment.

Mr. Thomas Hunter, one of the members for Martin county, and Mr. Thomas Stewart, one of the members for Tyrrel county, appeared and took their seats.

Mr. Hay informed the Convention that he should to-morrow move for taking up the ordinance to enable the freemen of the town of

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Fayetteville to elect a member to represent the said town on the same terms with the other towns in this State for passage.

The order of the day for taking under further consideration the Constitution or plan of government proposed for the future government of the United States being called for:

Resolved, That the Convention resolve itself into a committee of the whole convention to take under further consideration the Constitution or plan of government proposed for the future government of the United States.

The Convention resolved itself into a committee of the whole accordingly, John B. Ashe, Esq., in the chair; after some time spent therein Mr. President resumed the chair, and Mr. Ashe reported, that the committee had made further progress on the business referred to them, but not having time to complete the same desired leave to sit again to-morrow.

Ordered, That the committee have leave to sit again to-morrow.

On a motion made by Mr. Porter and seconded by Mr. Person, Resolved, That the Secretary contract with the printers of this place to print three hundred and fifty copies of the Journal of this Convention and such other printing as the business of the Convention may require.

The convention adjourned until to-morrow morning ten o’clock.


Friday, November 20, 1789.

Met according to adjournment.

His Excellency Samuel Johnston, Esq., appeared and took his seat as President of the Convention.

Mr. William Righton, one of the members for Chowan county, appeared and took his seat.

The order of the day for taking under further consideration the Constitution or plan of government proposed for the future government of the United States, being called for:

Resolved, That the Convention resolve itself into a committee of the whole Convention to take under further consideration the Constitution or plan of government proposed for the future government of the United States.

The Convention resolved itself into a committee of the whole accordingly, John B. Ashe, Esq., in the chair; after some time spent

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therein, Mr. President resumed the chair, and Mr. Ashe reported, that the committee had gone through the reading of the Constitution or plan of government proposed for the United States, and come to a resolution thereupon.

Ordered, That the said resolution lie on the table until to-morrow.

The convention adjourned until to-morrow morning ten o’clock.


Saturday, November 21, 1789.

Met according to adjournment.

The Secretary laid before the Convention the proposals of Sibley & Howard for printing the Journals of the convention, etc.

Mr. Davie moved and was seconded by Mr. Mountflorence, that the Convention take up the report of the committee of the whole convention, which was accordingly taken up and read; Mr. Davie then moved that the Convention concur with the report; this was objected to by Mr. Gallaway, who proposed that the whole of the report from the word “whereas” be struck out, and that the following amendments to the Constitution or plan of government for the United States, previous to the adoption, be inserted in place thereof, to-wit:

“The Convention in pursuance of their appointment, have taken under their consideration the Constitution proposed for the future government of the United States of America, as also the amendments proposed by Congress to be made a part of the said Constitution when ratified by three fourths of the States; and as the said amendments embrace in some measure, when adopted, the object that this State had in view by a Bill of Rights, and many of the amendments proposed by the last Convention; and although union with our sister States is our most earnest wish and desire, yet as some of the great and most exceptional parts of the said proposed Constitution have not undergone the alterations which were thought necessary by the last Convention: Therefore,

“Resolved, That previous to the ratification in behalf and on the part of the State of North Carolina, the following amendments be proposed and laid before Congress, that they may be adopted and made part of the said Constitution, viz:

That Congress shall not alter, modify or interfere in the times, places or manner of elections for Senators and Representatives, or either of them, except when the Legislature of any State shall neglect,

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refuse or be disabled by invasion or rebellion to prescribe the same.

“When Congress shall lay direct taxes or excises, they shall immediately inform the Executive power of each State of the quota of such State according to the Census herein directed, which is proposed to be thereby raised; and if the Legislature of any State shall 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.

“That Congress shall not directly either by themselves or through the Judiciary, interfere with anyone 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 exclusive right of making such laws and regulations for the above purposes as they shall think proper.

“That Congress shall not introduce foreign troops into the United States without the consent of two-thirds of the members present of both Houses.

“That no treaties which shall be directly opposed to the existing laws of the United States in Congress assembled, shall be valid which is contradictory to the Constitution of the United States.”

These proposed amendments being read were also objected to; the question to agree to these amendments being put, was negatived; whereupon the yeas and nays were called for by Mr. Mebane, and seconded by Mr. John A. Campbell, which are as follows, to-wit:

Yeas—Messieurs, Spencer, May, Jamieson, Lord, Gaitier, T. Brown, L. McDowall, T. Williams, J. Moore, Wommack, Dickins, Graves, Payne, Bowman, R. Edwards, Pearsall, J. Gillespie, R. Dickson, Watkins, Kenan, H. Hill (F.), J. Hill, Hamilton (G), Gowdy, Caldwell (G), D. Gillespie, J. Gillespie, Mitchell, Person, Yancey, Bennett, R. Alexander, W. Martin, M’Intosh, M’Leod, Z. Wilson, J. Douglass, Phifer, J. Porter, Pride, Peebles, Tarver, Bloodworth, J. G. Scull, Huske, J. A. Campbell, Mebane, Perkins, Strudwick, J. Hodge, G. H. Berger, Lock, Z. Wood, A. Watson, W. Robinson, M’Farland, Harragan, Bethell, Gallaway, Clarke, A. Phillips, Dabney, G. Edwards, Bostick, Nash, J. Scott, Clinton, J. Thompson, H. Holmes, W. King, W. Hawkins, T. Christmass, Mooring, Cogdell, B. Sanders, J. Brown, W. Lenoir, J. Herndon, B. Jones, W. Nall, C. Doud, D. Stewart—82.

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Nays—His Excellency Samuel Johnston, Esq., Messieurs, J. G. Blount, Grist, Ellison, Arnett, J. Johnston, Pugh, W. J. Dawson, D. Turner, Stone, B. Smith, J. Hall, W. Gause, T. Owen, C. M’Dowall, J. M’Dowall Jr., J. Carrow, W. Erwin, J. Allen, J. Leech, Ingram, Hay, W. B. Grove, R. Adam, J. Easton, M. Bell, Fulford, Styron, J. Wallace, W. Ferebee, T. P. Williams, S. Ferebee, Duke, Spence Hall, Cabarrus, C. Johnson, Creecy, E. Blount, Righton, Gregory, Dauge, Sawyer, Abbott, Grandy, J. Thompson, Ramsey, Gerrard, J. Rice, R. Ewing, Mountflorence, Dobbins, E. Phillips, T. Blount, J. Hilliard, Sherrod, W. Christmass, E. Taylor, D. Rice, J. Reddick, J. Baker, J. Sevier, Outlaw, A. Allison, L. Long, J. B. Ashe, Qualls, Whitaker, T. Wynns, R. Montgomery, H. Murfree, H. Hill (H.), H. Baker, J. Eborn, J. Watson, A. Alderson, J. Jasper, Peters, Henderson, J. Hunt, J. White, S. Smith, H. Bryan, Handy, F. Harget, Whitty, J. H. Bryan, L. Johnston, A. Osborn, Brevard, Matthews, J. Nesbitt, Caldwell (I.), J. Moore, W. M’Laine, Caruth, J. Stewart, W. Williams, Graham, M. W. Jordan, J. Turner, D. Nesbitt, J. Crump, J. Benford, S. Peete, Vick, Marnes, Bonds, Griffin, Sneed, Spicer, J. Christmas, Everagin, J. Swann, Banks, D. Davis, J. Skinner, B. Perry, Sutton, W. Blount, S. Allen, J. Armstrong, S. Simpson, B. Bell, Gaither, Stokes, Chambers, R. Wood, N. Sneed, E. Williams, Holland, W. Johnson, J. Willis, E. Barnes, N. Brown, J. Cade, Alford, J. Winston, Lovell, Ghouser, Rhea, Spiller, D. Smith, D. Wilson, E. Douglass, J. Overton, J. Montgomery, Drew, T. Johnston, Menees, J. Stewart, H. Williamson, J. Frazier, S. Spruill, S. Chesson, J. Carter, Love, Blair, Green, Mayo, B. Hawkins, P. Hawkins, S. Green, M’Kinnie, Jernigan, Handley, J. Lane, T. Hines, H. Lane, W. Hayes, S. Bright, Hawkins, B. Sheppard, N. Lasseter, E. Chesson, W. Bailey, T. Hunter, J. Steele, S. Benton, Davie, Ware, Guion, W. H. Hill, Tindall, J. Cowan, R. Lewis, Fort, J. Dixon—187.

The Convention again took up the report of the Committee of the whole Convention, which is contained in the following words, “The Committee report that they concur with the resolution on the journal of the Convention, in the following words, To-wit: Whereas the General Convention which met in Philadelphia, in pursuance of a recommendation of Congress, did recommend to the citizens of the United States a constitution or form of government, in the following words, viz:

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[Here follows the Constitution of the United States.]

“Resolved, That this Convention, in behalf of the freemen, citizens and inhabitants of the State of North Carolina, do adopt and ratify, the said Constitution and form of government.”

Mr. Davie moved and was seconded by Mr. Benj. Smith, that the Convention concur with this resolution which was objected to, the question was put, “Will the Convention concur with this resolution?” and carried in the affirmative; whereupon the yeas and nays were called by Mr. Mebane and seconded by Mr. Hamilton which are as follows, to-wit:

Yeas—His Excellency Sam’l Johnston, Esq. Messieurs—Gilbert, Jamieson, J. G. Blount, Grist, Arnett, J. Johnston, Pugh, W. J. Dorson, D. Turner, Stone, B. Smith, J. Hall, W. Gause, Hawkins, J. Cowan, T. Owen, C. M’Dowall, J. M’Dowall (J.), J. Carson, W. Erwin, J. Allen, J. Leach, Ingram, Hay, W. B. Grove, R. Adam, J. Easton, M. Bell, Fulford, Styron, J. Wallace, W. Ferebee, T. P. Williams, S. Ferebee, Duke, Spence Hall, Cabarrus, C. Johnson, Creecy, E. Blount, Righton, Gregory, Dauge, Sawyer, Grandy, Payne, Bowman, J. Thompson, Ramsey, Gerrard, J. Rice, R. Ewing, Mountflorence, Dobbins, E. Phillips, T. Blount, J. Hilliard, Fort, Sherrod, Christmass, E. Taylor, D. Rice, J. Reddick, J. Baker, J. Sherier, Outlaw, J. Allison, L. Long, J. B. Ashe, Qualls, Whitaker, T. Wynns, R. Montgomery, H. Murfree, H. Hill, H. Baker, J. Eborn, J. Watson, J. Alderson, Peters, Henderson, J. Hunt, J. White, S. Smith, H. Bryan, Handy, F. Harget, Whitty, J. H. Bryan, J. Johnston, A. Osborn, Brevard, Matthews, J. Nesbit, Caldwell (I.), J. Moore, W. M’Laine, Caruth, J. Stewart, W. Williams, Mayo, Graham, W. Johnston, J. Turner, Tindall, D. Nesbit, J. Crump, J. Benford, Tarver, S. Peete, Vick, Marnes, Bonds, M. Griffin, Sneed, Spicer, J. Christmass, Everegain, J. Swan, Banks, D. Davis, J. Skinner, B. Perry, Sutton, W. Blount, S. Allen, J. Armstrong, S. Simpson, B. Bell, Gathier, Stokes, Chambers, R. Wood, N. Sneed, E. Williams, Holland, R. Lewis, W. Johnson, J. Willis, E. Barnes, N. Brown, J. Cade, Alford, J. Winston, Lorell, G. Houser, Rhea, J. Martin, Spiller, D. Smith, D. Wilson, E. Douglass, J. Overton, J. Montgomery, Drew, T. Johnston, Menees, T. Stewart, H. Williamson, J. Frazier, S. Spruill, S. Chesson, L. Carter, Love, Blair, Greer, B. Hawkins, P. Hawkins, S. Green, M’Kinnie, Jernigan, Handley, J. Lane, T. Hines, H. Lane, W. Hayes, S. Bright, B. Sheppard, W.

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Lasseter, E. Chesson, W. Bailey, T. Hunter, J. Steele, S. Benton, Davie, Mare, Guion, W. H. Hill, Abbott, J. Jasper, A. Ellison, J. Dickson, W. Porter—195.

Nays—Messieurs, Spencer, May, Lord, D. Stewart, Gaitier, T. Brown, J. M’Dowall, T. Williams, J. Moore, Wommack, Dickins, R. Edwards, J. Gillespie, R. Dickson, Watkins, Kenan, H. Hill, Hamilton, Gowdy, D. Gillespie, J. Gillespie, Mitchell, Person, Yancey, Bennett, R. Alexander, M’Intosh, M’Leod, Z. Wilson, J. Douglass, Phifer, J. Porter, Pride, Peebles, Bloodworth, J. G. Scull, Huske, J. A. Campbell, Mebane, Perkins, Strudwick, J. Hodge, G. H. Berger, Lock, Z. Wood, A. Watson, M’Farland, Harragan, Bethell, Gallaway, Clark, A. Phillips, Dabney, G. Edwards, Bostick, Nash, J. Scott, Clinton, J. Thompson, H. Holmes, W. King, W. Hawkins, T. Christmass, Mooring, Cogdell, B. Sanders, J. Brown, W. Lenoir, J. Herndon, B. Jones, W. Nall, C. D. Doud, Caldwell (G.), Graves, Pearsall, W. Martin, W. Robinson.—77.

On a motion made by Mr. Davie, and seconded by Mr. Mountflorence,

Resolved, That the President of this Convention, be and he is hereby directed to transmit to the President of the United States of America, a copy of the ratification of this State of the Constitution proposed for the government of the United States of America.

It was moved by Mr. Gallaway, and seconded by Mr. J. M’Dowall, that the Convention enter the following resolutions, to-wit:

Resolved, That it be recommended to the General Assembly of this State to make application to Congress, and endeavour to obtain the following amendments to the Constitution for the future government of the United States, agreeable to the second mode proposed by the fifth article of the said Constitution, which when ratified agreeable to said article to become a part of the Constitution; and that the Executive of this State be directed to transmit a copy of the said amendments to each of the United States.

AMENDMENTS.

That Congress shall not alter, modify or interfere in the times, places or manner of holding elections for Senators and Representatives, or either of them, except when the Legislature of any State shall neglect, refuse, or be disabled by invasion or rebellion, to prescribe the same.

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When Congress shall lay direct taxes, they shall immediately inform the Executive power of each State of the quota of such State according to the census herein directed, which is proposed to be hereby raised; and if the Legislature of any State shall pass a law which shall be effectual for raising such quota at the time required by the Congress, that they Congress shall not collect the same in such State.

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

That Congress shall not introduce foreign troops into the United States without the consent of two-thirds of the members present of both Houses.

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.

This resolution was objected to by Mr. Stokes; the question being put, “Will the Convention adopt the resolution proposed by Mr. Gallaway?” was negatived.

Ordered, That the resolution proposed by Mr. Gallaway, and the amendments to the Constitution or plan of government, be referred to a committee; and that the committee prepare and lay before the Convention such amendments to be made to the Constitution as they may deem necessary. That for this purpose Mr. Davie, Mr. B. Smith, Mr. Gallaway, Mr. Bloodworth, Mr. Stokes, Mr. Spencer and Mr. Hay be a committee.

Ordered, That Mr. Hackney, Mr. Marnes, Mr. D. Nesbitt, Mr. Jameson, Mr. Green, and Mr. Clark, have leave to absent themselves from the service of this Convention after this day.

An ordinance to enable the freemen of the town of Fayetteville to elect a member to represent the said town on the same terms with the other towns in this State, was read and passed. The passage of this ordinance was objected to by Mr. John G. Blount, and on the question, “Shall this ordinance pass?” the yeas and nays were called

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for by Mr. Blount, and seconded by Mr. Hamilton, which are as follows, to-wit:

Yeas—136; Nays—68.

The Convention adjourned until Monday morning ten o’clock.


Monday, November 23, 1789.

Met according to adjournment.

On a motion made by Mr. Davie, and seconded by Mr. Blount, Resolved, That Messieurs Hodge & Wills, Public Printers, be appointed to print the Journals of this Convention, and transmit them to the several counties with the laws and journals of the present session of Assembly; and that they be allowed for this service the sum of thirty-five pounds.

Mr. George Ledbetter, one of the members for Rutherford county, appeared and took his seat.

Mr. Gallaway, from the committee appointed to prepare and draw up amendments to be proposed by the Constitution or form of government of the UnitedStates, reported the following:

Resolved unanimously, That it be recommended and enjoined on the Representatives of this State in Congress assembled to make application to Congress, and endeavor to obtain the following amendments to the Constitution for the future government of the United States, agreeable to the second mode proposed by the fith article of the said constitution; which, when ratified agreeable to the said article, shall become a part of the constitution; and that the Executive of this State be directed to transmit a copy of the said amendments to each of the United States.

AMENDMENTS.

I. That Congress shall not alter, modify, or interfere in the times, places and manner of holding elections for Senators and Representatives, or either of them, except when the Legislature of any State shall neglect, refuse, or be disabled by invasion or rebellion to prescribe the same, or in case when the provision made by the State is so imperfect as that no consequent election is had.

II. 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

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of any one of the States; but each and every State shall have the exclusive right of making such laws and regulations for the above purposes, as they shall think proper.

III. That the members of the Senate and House of Representatives shall be ineligible to and incapable of holding any civil office under the authority of the United States during the time for which they shall respectively be elected.

IV. That the journals of the proceedings of the Senate and House of Representatives shall be published at least once in every year, except such parts thereof relating to treaties, alliances, or military operations, as in their judgment require secrecy.

V. That a regular statement and account of the receipts and expenditures of all public monies shall be published at least once in every year.

VI. That no navigation law, or law regulating commerce, shall be passed, without the consent of two-thirds of the members present in both Houses.

VII. 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.

VIII. That some tribunal, other than the Senate, be provided for trying impeachments of Senators.

JAMES GALLAWAY, Ch.

Resolved, That the Convention do concur with this report.

Resolved unanimously, That the thanks of this Convention be given to his Excellency Samuel Johnston, Esq., President, and the Honourable Charles Johnston, Esq., Vice-President of this Convention, for their able and faithful service in the arduous discharge of their duty as President and Vice-President.

SAMUEL JOHNSTON, President.
By order,
J. Hunt, Secretary.

An Ordinance to enable the Freemen of the Town of Fayetteville to elect a member to represent the said Town, on the same Terms with the other Towns in this State.

Whereas it hath been recommended by the General Assembly to this Convention, to consider the propriety of allowing the town of Fayetteville a member to represent the said town, on the same terms with the other towns in this State; and this Convention in consideration

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of the same, deeming it consistent with the justice and policy of the State, that the said town of Fayetteville should be represented as other district towns of this State: Be it therefore ordained and declared, by the Representatives of the State of North Carolina in Convention assembled, and it is hereby ordained and declared, by the Representatives of the State of North Carolina in Convention assembled, and it is hereby ordained by the authority of the same, That the said town shall and may be represented.

And be it further ordained by the authority aforesaid, That this ordinance shall be held and taken, to all intents and purposes, as part of the Constitution of this State.

Done in Convention, the 22d of November, Anno Dom. 1789.

SAMUEL JOHNSTON, President.
By order,
J. Hunt, Secretary.