The North-Carolina standard., 1844-12-25


Legislature, said Mr.. s., passed resolution de-
Glazing that no more money should be lawn out
ofthe treasury for new works, and yet it was done
Mr.. Shepard read from the Treasurer's Report to
show the tact
Messrs. Poindexter and Paine then spoke
Mr.. Caldwell then rose and said he would not
have said word but for iMr. Shepard's attack on
the governor. He said that MIR. S. had better be
careful how he threw his poisoned shafts on the
Governor, for they might recoil on his own head
in manner he might not expect. He also said
that he had no doubt, but that Mr.. Shepard thought
himself correct in what he had stated, but that he
was mistaken.
Mr. Shepard replied that she might expect any,
thing, performed in any Manner in these days.
but he held himself, not only officially, but per
sonalIy, responsible for any act he performed, or
any assertion he had made or should make He
would seek no privilege from being a member of
this body. hold myself said he personally re.
sponsible to Governor Morehead, and not only to
him, but to any friend of his, personal or political
young or old.
Mr. Caldwell replied and said, he would asl;
Mr. S.aquestion, and he had no doubt he would
answer it candidly and airly,and it was this "were
not these items TO which he referred, contracted
far before the resolution of the last Legisature?"
Mr. Caldwell also said that the Treasurers Re-
port was incorrect throughout.
| Mr.. Shepard replied and said, that Mr. CaId
we'll was cstopped from saying the Treasurer's
Report was incorrect for he (Mr. c. had sane
toned the report of the Committee on Finance
who said it was correct and on this Committee
were five wings and three democrats; that it was
correct, with the exception of The S8I, which
was now the subject of debate Mr. Shepard fur
ther said that the items were not contracted for
previous to the last Legislature. for that the mo-
n'y was paid long after IFS adjournment But if
1t was paid upon previous contract, it did not so
appear from SAID report, and the gentleman (Mr
! c. had sanctioned it.
Mr.. Moore then pounccd on Efr. shepard
MIR. Shepard replied, and suid he would now
call the attention of the House to another fact. and
I II was this: that the Governor had charged per
diem pay as President of the Internal Improve
rnf mt Board: TO which he was most clearly not en-
titled
Mr. Moore then rose and said that he had
understood, and believed that Mr. Shepard was
very able lawyer; but that, with all his acknow.
irdgfd legal ability, he could not prove what he
had stated He said that the Governor was at
least as able lawyer as Mr.. s., and knew if he
was entitled TO his per diem pay as President Of
the Board OF Internal Improvement
Mr.. Shepard replied that the statute was ex.
press, and was in the 1s vol Rev Code, under
Internal Improvement" The statute, bv the
first section, says the Governor is ex ofcio Presi-
dent OF the fund, aud that there shall be two Com
mlssloners. The second section SAYS that the
"said Commissioners shall receive a certain
sum. Now, said Mr.. S., the law is so plain that
he who runs may read The gentleman cannot
denv it.
Here the debate ended and the question on the
Indefinite postponcmcnt of Mr. Bonds motion was
decided in the afficmative-ycas 61 nays So
I'VE present above very brief sketch of This
interesting debate; enough is said, however, for
the reader to form idea of what it was We
are inclined TO the opinion that MeSsrs Haugil-
ton Caldwell, Moore, and ali the rest. were sicl,
ot Aif Shepard before they got clear of him.
and Tor the future we advise thf N to look before
they leap-hey may wake up the wrong rasscn-
ger againl
Mr., Fleming presented Protest. which bv
the House, was ordered to be spread upon the
Journal, in the words following, viz:
ne undersigned, differing in opinion from those
IN favor OF the resolution insructing the Attorney
General in certain ,ercnt to institute suit a.
galnst John H. Wheeler, Public Treasurer for
eighty one dollars would most respectfully rel
quest that the of said difference of oDinion
or some OF them at least may be placed upon the
Journals ofths House, lest his vote against said res
olutIon might be construed into an unwiIffnpnesst
to investigate the subject, which he is not only |
willing bnt anxious, should be properly iuvesti- |
gated, and the money recovered from whoever NAV
be found liable, whether it be Page, Wheeler or
11inton But the reasons Tor voting against the |
resolution first, because in the opinion Of the
undersigned, the suit fall in the event it is in
stituted against Wheeler, as he has exhibited
vouchers from under the proper authority which
are admitted by the Committee of Finance IN he
genuine, for all claims that he appears to be re
sponsible, and that in this particular case Page has
receipted, as am informed, on the back oft6e GER
tfcatc for the amount in fuil-which IS evidence
in the opinion of the undersigned that will ex-
clude his testimony, 1t being a maxim in law
that "no man shall take advantage of his own
wrong" Iftherefore his evidence is excluded the.
suit must fail and the State pay the cost.
But Sir, if his evidence is received there is
odds against it. There is not only his receint
over his own proper signature, but Wheeler's
statement and Wheeler's books, whose records are
made under oath, and by one at least as much
disnteresed as Page so that there are three chan
ces to one against recovery, if Pages testimony
Is admitted This is the state of the case taking fhe
strongest presumption against Wheeler. But
on the other hand, here is written evidence at
least that the money was paid In the first place
Page admitted that he got the eighty.one dollars
of Hinton, and not of Wheeler, and bis recent for
thatamount from 1.-THE evidence never aspears 10
have went into the hands of Col. Wheeler hut
was passed to the Comptroller before Wheeler
came into office, and consequently without his
knowledge. 1t is therefore not only fair hut a
legal presumption, that he paid the two hundred
and twenty'eight dollars according to the certifi