The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1845-01-17

parties myseli,-sn that's what do Gu
cOointa-and no mistnke
I The Forged Certificate Case
Tho Committee to which was referred II
certificate presented by The Senator iron
Onslow, on Monday, tho lSsh Of Noyem
Der, as well as the certificate by him sub
sequenlIy presented respectfully report:
That WIN. Ennet,. Esq, the Senate
from OusloS, u. tic meeting OF the Senat,
on the third Monday Of November last, pro
duced to the Clerk Of the Senate, a cer,ifi
cate purporing 10 be from John 4. Avereu
Sheriff al Onslow. aud stating tho election
OF the said Wm. Elnett as the member o
the Senate from the said County that up
on this certificate, recognised as the ere
denilals Of his election, tho said VIM In
oett, was admitted TO hrs seat. gas qualified
and acted as member Of the Senate thai
il now appears hey ond doubt. as sell by The
admissions Of the SAID WIN. Eunstt ia the
written statement read by him 10 the Sen.
otto, on asking for a committee OF invrsiIga.
ton, as by the evidence taken by the Com
mlt,ee Of investigation and now reported 10
tho House, that The said certificate was =
forgery.
4 Your committee conceive IL 10 be clear
and we'll established rule, that where an IN.
ssrument has been forged by some oHe, a
strong presumption necessarily arises q
gaInst The party 10 shoss favor the forgery
is made, or ~ho has the possession &C il.
and seek, TO derive senaf, ffom il. Tbs.
rule Of evidence adopted by the courts Of
law, upon TRIALS involving the personal char
acter Of a citizen and exposing him TO SO
sere corporal punishment, is applicable to
every cuse wherein similar question arises;
because il is dictated by the nces "ity Of the
case required for the public security aud,
With a very sufficient degree of certainty,
points 10 tho real offender. |, must be
manifest. upon the leas, consideration. that
Il man produces aud uses for his own
benefit, u forged instrument, aud gives to
satisfactory account either Of the nanner IN
which he became possessed VI ;he lnsttu.
menl OF OF the pcrpeitaior OF The offence, he
ought 10 be held himself TO have forged or
aided ia tho forgery. To require direct
proof Of his guilt, would, from tho ~ ma
turs Of the fact TO be proved, be 10 proclaim
entire IMMUNITY to such offenders and
hence, il has been established as wise rule
Of presumption, that he IS TO be taken rs tho
offender who produces and uses the forged
paper, and offers no explanation VI that fact
consistent with his Innocence.
The committee, therefore, aware Of tho
existence and entirely approving tho justice
of this rule Of evidence, felt that 1t was tho
duty Of the Senator from Onslow TO offer
some proof to remove from himself The pre-.
sumption OF gait arising from the facts a.
bove stated; and that they might JisIly con
sIder that excul patlsn as altogether a mat
ter for him TO seek for and establish, the
moro especially as the committee was rais
ed aud the invest. lon mudo a, his own
instance: Bu, yet, under the resolution 70
ierred to them, ANXIOUS 10 ascertain for
themselves aud tho Senate the truth OF the
case, and indulsins the hope that, upon en-
quiry, that suspicion resting upon mem
Der Of their body might be repealed. and
guilt attached TO somc ono who was not the
representative OF a respectable county in the
State, applied themselves with diligence 10
the task Of searching for that evidence OF
cxcuIpa,lpn, which, IN slrlctness. It was tho
duty Of Mr.. Eaneu himself to produce
The Committee regret TO say that, alter cx-
aiming every witness from whom they
thought II possible information misM DO
obtained, and one witness ptoccccd by Mr..
Emmett, no such eSculpation has been found.
Your Committee then considered the nc.
count given by Mr.. Einolt Of the manner
in which he obtalued possession of the lorg.
cd certificate. Ia the written statement,
read by him and already referred to, ho
says, in substance, that he came here al the
commencement Of tho session without n
certificate, because Of tho absence OF tho
Sheriff; that he was advised no certificate
was necessary, because his election was
notorious and because many members had
taken their seats under such circumstances
that the fact Of lrls having ITO certificate was
made known TO gentlemen OF both political
parties; that on tho Sunday before the
meeting Of the Senate, after dark, q letter
was handed bin a, his lodgings tho bear
or said he was 10 hurry and did not come
in tina, he Mr.. EnnetD did not know him
and that, on opening tho letter, he found
within il the forged certificate.
Were this statement Itself probable, dd
Il presen. case Of likely occurrence, req
sonabiy excluding tho impression of unialr
ness on the par, Of Mr.. Ennet, the commit
ice would hive fell disposed, from rospcc
for the Senate and for the people Of the
County whom Mr.. T.. represents, To- ylolC