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Day 19 of the Convention

Tuesday, February 4, 1868

The Convention was called to order on Tuesday at 11 o’clock, Mr. Pres. Cowles in the Chair. No issues related to public schools were addressed on this day. Further, the Convention did not address issues of the constitution. Instead, they addressed various ordinances and divorce.

Mr. Rodman from the judiciary committee reported favorably to the ordinance divorcing M. A. Hopkins of Granville County from her husband and that both parties be allowed to marry again.

The question being on its adoption, Mr. King, of Lenoir, moved to lay it on the table.

Mr. Jones, of Washington, said this was a case of cruelty and required action.

Mr. Tourgee was opposed on principle to granting divorces by legislation. But this was a case of hardship and he would make no resistance.

Mr. Cox agreed with Mr. Tourgee.

Mr. Grant, of Northampton, knew nothing of the case and declined voting.

Mr. Hood wished to hear the merits of the case.

Mr. Moore knew all about the matter and was opposed to tabling the ordinance.

Mr. Graham, of Orange, desired to have the merits of the case explained.

The vote was then taken as follows to postpone action: Yeas 50, Nays 49. Thus, with a one vote margin, the decision on this divorce was postponed and laid on the table.

Other ordinances related to providing relief from bankruptcy and debts. With no resolution at half past seven Mr. Heaton moved to amend by making it 10 o’clock tomorrow morning. Carried.

On motion the Convention adjourned.



Ferrell, Joseph, ed., Compilation of the Official Report of the Proceedings of the Convention (Chapel Hill, N.C.: unpublished manuscript 2007). (See day 8 for fuller explanation of this resource.)

Ann McColl

Ann McColl is an attorney and state constitutional scholar.