Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1844-12-13
North Carolina Legislature.
SENATE,
Friday, Nov.

Friday, Nov. 30. 1874.
The Senate met according to adjournment.
After the reading Of the Journals, Mr.. En-
nett, the Senator from Onslow, offered the fol-
lowing resolution
Res0kued, That the certificate presented by
the Senator from Onslow on Monday the 18th
instant, as we'll as the one presented by him
this day, be referred to committee OF three,
who shall inquire into the facts, and report to
this House; and that said committee have pow
er to send for persons and papers.
Mr.. Emmett then said Mr.. Speaker, fee.
1t my duty to bring to the attention OF the Sen
ate a circumstance not only affecting my
tights as a member of this honorable body, but
as an. individual. The fact is we'll known,
that when left home from the absence OF the
Sheriff did not procure his certificate OF my
election. Indeed, was advised that no GER
tiicate was absolutely necessary, since the
fact of my election was notorious, & in many
cases in both Houses members under snch
circumsta had taken and held their seats
the whole session. That / had nothing to
conceal in the matter is evident to this honor
able body. The fact vas communicated to
several gentlemen of both political parties.
On Saturday previous to the meeting of the
Legislature, after dark, letter was handed
to me at my lodgings. The person who
brought 1t said he was in a hurry, and did not
come in, nor did know him. On opening
the letter found it only contained my certl-
fcae signed John A. Averitt. This was pre-
scented 10y me to the Senate. Since that time
| havs received letter from the Sheriff lnclo-
sing my certificate. From this fact, and by
comparison with the first one, have reason
to believe that have been imposed upon; but
solemnly assure the Senate that thought
was acting upon an authentic document when
presented on Monday the first certificate
, This matter has been alluded TO much to my
prejudice by the press in this City and else
where; and now rise, Sir, with the letter of
the Sheriff and my certificate sent by him,
which | present to the Senate and request that
Select Committee may DE raised to investl-
gate the facts | am incapable, Sir, Of conni-
wing at any thing which Ibelieve to be wrong,
and as have acted in good faith in this mat
ter, | hope the Committee asked for will be
appointed.
! The Resolution was adopted, and the Speak
er subsequently, announced that the committee
consisted of Messrs. Wilson, Francis and
HELEN.
The Speaker announced the following gen.
tlemen as the Senate's branch of the Finance
Committee !: MessTs. Dockery, Francis, Ca
me.on, Wilson, Thompson of BERTHE, Albright.
Biggs, and Walker.
The Senate then balloted twice for Soil
citor of the 7th Judicial Circuit. On the first
vote the full number in both Houses was as
follows: Gather. a; Bynum, CO; Francis, ID
On the second balIoting Mr.. Francis was
Withdrawn, when the Joint vote was as fol-
| lows:
Burgess S. Gather, 81
Jno. Gray Bynum, 70
Mr.. Gather having received a majority,
was declared duly elected.
Mr.. Woodhn introduced resolution propo.
sing TO raise Joint Committee Of five on the
part of each House TO enquire into the expedi.
ency of forming a new Judicial Distrct;--re'
ferred to the Committee on the Judiciary.
On motion of Mr.. Worth Joint Select
Committee was ordered, whose duty it shall
be to enquire into the expediency otrequesting
our Members of Congress to use their exer
lions TO have the Branch Mint at Charlotte
rebuilt. ..
On motion, the Senate adjourned till to-mor
row morning, 10 o'clock.
HOUSE OF COMMONS. ...
Petitions were presented by Mr.. Caldwell
relative to Incorporating town in Mcdowell
county, anu W VIC DIFiulHS5 ilHC ocH" CcH IL u
therford aad Mcdowell counties /; by Mr.
Whitehurst, from Citizens of Carterett coun
ty, praying that Ocracoke be attached to Hyde
county; by Mr.. Hayes relative to the Hiwas
see road; by Mr.. Clayton, relative to Free
Schools; which were referred to appropriate
Committees; and by MIR. Lord, relative to ap
pointing Martin Josey Justice of the Peace
in Capt. Shinu's district, which was laid or
the table. ..... ...-..
Mr.. Fleming introduced bill entitled :"
Homestead Bill" The Speaker announced
the bill to be on its first reading, when
MIR. Shepard, of Wake, advocated the prin.
ciple of the bill, and at theclose of his remarks
moved that the bill be referred to the Judicia
ry committee.
The House then voted for Solicitor of the
9TH Judicial Circuit-Messrs. John G. By
mum, Michael Francis, and Burgess S. Gath
er in nomination. Mr.. keener, from the com
mittee, reported that NO one having received +;
majority of the whole number of votes given
there was no election. The name of Mr.. Fran
els was withdrawn, and the two Houses a
gain voted. Mr.. Kirk, from tho committee
reported that Mr.. Gather was duly elected.
Mr.. Haughton introduced bill for the re
lief and benefit of.orphans; MIR. T. Fl. Robin
son. bill for the establishment of beard o
, agriculture; which were referred to appropri
! ate committees; and ME-. Regan bill to pre-
vent frivolous and malicious prosecutions
: which was made the order of the day for Mon
day next. So - s#
The House adjourned till 10 o'clock to
morrow morning.