Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1845-01-03
THE JOURNAL.
North CarOlina Legislature.
WDNDAWO DIG. So aa00a
IN SENATE.

Mr.. Joyner, from the Internal Improvement
Committee, made sundry reports, which were
read.
Mr.. Waddell, from the judiciary Commit
tee, to whom was referred the Resolution d.
rectIng an inquiry into the expediency of CIV
ing to the courts of law jurisdiction Of equita-
bic claims not exceeding fifty dollars, reported
a bill to that effect, which as read the frs;
time and passed. Mr.. Waddel also reported
IN regard to the Resolutions upon landlords
and tenants, that there is no Legislation ne
cessary in the premises.
Mr.. Joyner, from the committee on Internal
Improvements, to whom was referred SO much
OF the Governors Message as relates to the
Wilmington and Raleigh Rail Road Compa-
ny, reported bill to authorize the said Com
| pany to issue bonds to the amount of one hun
dred thousand dollars, to redeem like amount
OF bonds issued under the act for the relief of
said Company; which was read and ordered
to be printed.
The bill concerning Jury Trials was then
taken up and read third time and passed
ayes %, noes 20.
Received from the Commons message con-
curing IN the proposition Of the Senate to
raise Joint Select Committee to enquire in
to the propriety of making some public man
Hesitation of respectf for the memory of the late
| MeSSrS,
| Washington, Poindexter, Graves, and Ellis.
form their part of the Joint Committee on the
subject; whereupon the Speaker announced
that Messrs. Cameron, Joyner, of Halifax,
! Pasteur and Francis, form the Committee on
the part Of the Senate.
The Senate then took up the bill heretofore
introduced by Mr.. Shepard in regard to the
Raleigh and CASTOR Road.
Mr.. Biggs, of Martin, moved three amend
ments to the bill as reported, all of which
were rejected. After which. the original bill
passed, by a vote Of % to l8, and was order
ed 20 be engrossed.
CASE OF THE SENATOR FROM oNsLow.
On motion of Mr.. Wilson, the resolutions
and report of the Select Committee in relation
to the certificate Of the Senator from Onslow,
was taken up, and Louis D. Henry and Dun
can X. McRae, Esquires, were admitted as
counsel for Mr.. Emmett within the bar Of the
Senate. Mr.. Wilson then moved, in pursu-
ance of the application Of Mr.. Ennett's coun-
sci, TO re-commit the certificate with the ac-
companying papers to the Select Committee
= already raised for that purpose. His motion
was rejected-yeas "a, nays 81 the Speaker
voting with the nays.
tions and report to the 28th instant, and make
it the order of the day for that day; which
motion was rejected by the same vote.
Mr.. Francis moved to make the matter the
order of the day for to-morroW-Mr. Biggs
. moved to amend said motion by striking out
tomorrow and inserting Oath instant; and
pending this Mr.. Boyden, with view to make
the matter the order of the day tomorrow. as
it would necessarily be, as it would be the
unfinished business Of to-day. moved an adj
tournament. Not agreed to--yeas %, nays
! 25-Mr. WaddeIl then moved an adjournment,
= which was negatved by the same vote.
n The motion Of Mr.. Bjegs to strike out and
! insert the oath inst, having been nagatived,
: Mr.. Francis moved to make the report and
|. resolutions the order of the day for Tomorrow.
This motion prevaiIed-yeas a, nays 24.
The Speaker voted in the affirmative.
The counsel for Mr.. Emmett then read the
. following ot1idavi., to wit
j.. 1.-The Senator from OnsloW, William En-
e nett, swears that he expects to prove by Mr..
i Marsteler, that he had informed him, MIR. En-
Il nett, on the Sunday next before the meeting
Il Of the Legislature, in the daytime, that 1t
6 was his opinion that the Senator from OnsloW,
could take his seat in the Senate without the
S Skerlff's certificate, by making other proof oil
l. title to his seat; anG also that he expects to
IL prove by the Sheriff, John A. Averitt, that he
: had promised him, Mr.. Emmett, to make out
n his certificate of election, and send it to him
l. before the organization of the Senate also
that Mr.. Marble, of OnsIow, had promised tc
: procure said certificate from the Sheriff afore-
s. said, and send it to him in time before the
$ setting of the Legislature and also by Mrs.
. Bradley, that Mr.. Emmett sent to her fathers
= house (Ave!itt's) for the certificate, and the
a answer brought by the messenger was, that
her father was from home, but would attend
to it in time.
(Signed) VIM. EMMETT.
-, Sworn to before the Speaker.
~ On motion Of Mr.. Edwards, it was then re.
solved, that the above affidavit be received
o and admitted as testimony, in the hearing 0
q the case of the Senator from Onslow.
X HOUSE OF COMMONS.
Messrs. Washington, Poindexter, Graves
and Ellis, were appointed, on the part OF the
l. House, to compose the joint select committee
on the resolution adopted yesterday, relative
Is to the death of Hon. William CASTOR.
l. Mr.. Bond [whig) who voted in the MAORI
ty yesterday, on the resolution relative to Jno
l. H. Wheeler, moved to reconsider the vote by
which the same was adopted.
Here sharp discussion ensued, in which
Messrs. G.. L. Payne, Haughton. Shepard, o
Wake, and others participated, after which
. the question was takenon the motion to re
consider, and it was decided in the affirmative
yeas 81, nays So.
Mr.. Fleming presented Protest, which
by the House, was ordered to be spread upor
;, the Journals, in the words following, viz:
~ ~ The undersigned. differing in opinion from
III those in favor of the resolution instructng th
Attorney General in certain event to institute
4 a suit against John II. Wheeler, Public Urea
~ surer, for eighty .one dollars, would most res
ju pectully request, that the reasons of said diff
terence of opinion, or some of them at least
may be placed upon the Journals ofthis House
IL lest his vote against said resolution might b