Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1845-01-03


has exhibited vouchers from under the proper
authority which are admitted by the Commit
tee of Finance TO be genuine, for all claims that
he appears to be responsible, and that in this
particular case, Page has receipted, as am in
formed. on the back of the certificate for the a.
mount In full-which is evidence in the opin-
Ion of the undersigned that will exclude his
testimony, it being maxim in law that {" no
man shall take advantage of his own wrong"
1t therefore 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 receipt
over his own proper signature, but Wheeler's
statement and Wheeler's books, whose re-
cords are made under oath, and by one at least
as much disinterested as Page so that there
are three chances to one against a recovery. if
Pages testimony is admitted. This is the
state OF the case taking the strongest presump-
ton against Wheeler. But on the other hand,
here is written evidence at least that the mo-
ney was paid. In the first place, Page admit
ted that he got the eighty-one dollars of Hin
ton, and not Wheeler, and his receipt for that
amount, from all the evidence never appears
to have went into the hands of Col. Wheeler,
but was passed TO the Comptroller before
Wheeler came into office, and consequently
without his knowledge. 1t is therefore not
only a fair but legal presumption, that he
paid the TWO hdndred and twenty eight dollars
according to the certificate when presented, as
not only his books, but Pages receipt on the
back OF the certificate assert--so that without
expressing an opinion as to where the moral
obligation rests. it is at least in my humble
opinion very questionable, as to where the e-
gal responsibility lies.
1t may further be questioned whether the
payment made by Hinton, although agreeable
to custom, and not morally wrong, may not
In legal point of view be an improper vouch-
err, as understand it was not properly anthem
ticated by the Speaker. Why, like all other
receipts of the same class, Was it not trans
terred to the new Treasurer, as it should have
been, to be deducted from the two hundred
and twenty eight dollars certificate at the end
OF the session? So that from the different
points involved in the controversy, | conld
not vote for an absolute resolution to sue any
one and preclude suitagainst the rest-when
we would stand at least two chances to lose.
for one to gain it. And more particularly.
when the only evidence against the Treasur-
er, is that of the very party alleged by the
Treasurer to have received the money whose
certificate proves the fact; and whose testimo.
ny, was objected to as illegal by the minority
of the Finance Committee. The resolution
ought in my humble opinion, to have anthori
zed the Attorney General to have examined al
the evidence in the case. and then to have IN
stituted suit for the recovery ofthe money from
the person properly liable, whether it be
wheeler. Hinton, or Page, and shen there
would have been some prospect OF recovery
which in my opinion the present resolution
| I artE n
anv resolution impeaching the integrity ofany
officer CT the State, unless the proof of guilt is
evident, or the presumption great, as the char
acter Of our public Offices, are the greatest
Jewels in our crown-and the responsibility
Of orr State consists in the integrity Of hcI
sons, and the virtue of her daughters.
Respectfully submitted.
SAMUEL FLEMING.
Dec. 18th, l644.
The House adjourned.
IN SENATE.
Friday, Dec. 20.
The Senate me: according to adjournment
Mr.. w oodin presented bill to provide 70
holding a session of the Supreme Court ono
year in the western part of the State, which
was read and referred to the Judiciary Com
mittee.
/ The bill toamend the Revised Statutes con
corning Clerks and Registers was then take
up, amended, and read the second time an
passed.
: Mr.. Waddell, from the Judiciary Commit
tee, TO whom was referred the resolution di
recting an inquiry into the expedlency of S
amending the law as to require pro rata dis
1tribution of the trust funds in all cases G
deeds of trust, reported bill concerning deeds
mortgages, ana assignments in trust, whlc
was read the first time and passed.
The Senate then proceeded to the order c
the day, being the matter of the certificate {
the Senator from Onslow. Pending the ques
ton, Mr.. Holmes moved an adjournment ur
til half past three O'Clock, which was carried
The Senate met according to adjournment
when the examination of witnesses was cor
cluded, and the Senate was addressed by MI
McRae, one of the counsel for the Senate
from Onslow. After he had concluded, O
motion, the Senate adjourned till to-morrov
E morning ten o'clock
HOUSE OF COMMONS.
Mr.. Hawkins presented resolution for tn
relief of Thomas W. Booker, which was rea
J and adopted, and ordered to be engrossed.
After receiving reports from Committee;
, and the transaction of some unlmp ortant bus
ness,
: The House proceeded TO the order of tn
day, and took up the bill to locate the residenc
of the Judges Of the Superior Courts; and
ter some time spent therein,
On motion. the House took recess till
f o'clock, p M.
The House metal the appointed hour, an
resumed the consideration of the bill to local
2 the residence of Judges. After ~cons;derab
time spent therein, the House adjourned.
IN SENATE.
l Saturday, Dec. 81.
! The Senate met according to adjournment
4 After the usual morning business had bee
e despatched, or motion of Mr.. WaddeIl, tt
e Senate proceeded to the consideration of tt
: case of the Senator from Onslow. MIR. Hel
: nv. the senior counsel, then rose to adore: