Semi-weekly North-Carolina standard. [volume] (Raleigh, N.C.) 1852-1853, 1852-10-23

that the debate had looked to hin, as coming rom
Counsel specially employed to defend Mr.. Barnard,
rather than the opinion of disnerested Judges who
were sitting in consultation. .
Objections had been urged, that Coroner's certi-
fcate could not be received because the law did not
| confer such power Coroner, in the absence OF
Sheriff. Revised Statutes settles this difficulty sand
if required look beyond the record or certl-
fcate of a Coroner, must also enquire into the
correctness of a Sheriff's certificate.
1t has been urged that the law requires return
from the Sheriff, be under his hand and seal that
we had admitted members without this qualification,
but in contested case, the Sheriffs' certificate was
indispensable. Mr.. Clark did not consider this a
contes ted seat-it was only enquiry whether the
of seal is sufficient ground to contestant
that application be made to this but if
the necessity of seal a requisite to entitle to
seat, is be established, it would be adding to the
qualification presented by the Constitution and
in my opinion would be null and void. Sealed re-
required by the Legislature to procure the
best evidence the subject, and not to affect the
qualifications of member, otherwise the corruption.
negligence or obstinacy of Sheriff might defeat or
control the representation in the Legislature the
voice of the People. If Sheriff fails to comply
with the requirements of the Act he may draw down
upon him the penalties OF violated law, but cannot
affect the rights of a member
1t has been intimated that fraud had been perpe-
tated the ballot box-that the returns false;
the Senator from Guiford says he speaks from the
records. What is that proof? The sworn afidavts
of the Justice who acted as inspector, that ms own
returns, made under OATH false. do not under
stand the legal definition Of the terms perjury or
either, in this transaction but. acting Juror
Judge, in any other capacity where the rights OF
others entrusted to my care. could not receive
such testimony. l do not believe that any Senator,
on this floor, would allow such testimony here,
in Committee room. 1t more properly belongs TO
the Grand Jury room of Camden County.
Mr.. Person said, that he desired to make but one
remark in reply to the Senator from Guiford, (Mr.
Gilmer) In the of that Senator's remarks he
thought proper to insnuate very clearly that when.
Saturday last, moved to lay on the table the
oluton introduced by him, and on Monday. when the
same was taken up, moved to postpone its further
consideration until Tuesday. IL o'clock, that did it
with view allow the Senator from Camden and
Currituck to commit his very eloquent Speech.
ask Senators, if on Saturday, when l made the mo-
ton referred to- did not state distinctly that my OBJ
ject to allow the Senate opportunity to con-
slider the resolution more fully. in order that they
might be better able to vote understandingy upon it,
and in such a manner as the justice and importance
of the subject demanded! And again, on Monday,
if Gid state that The object which then had in
view, different from that which induced me to
make the former motion That supposed that every
Senator present had thoroughly investigated the sub
ect but that there several Senators absent from
both sides of the Hail. some of whom had no doubt
desired to be present and record their votes upon this
question. Now, sir, with these facts before that Sen
ator, why he should attempt to make the Senate be-
lieve that my real intention favor the Senator
from Camden and Currituck, or in other words was
not conceive, uness-( Here Mr.. Gilmer arose and
said, that he would assure the Senator from ORTIZ
ampton that he intended such thing-that he in
tended disrespect whatever to him and express
ed himself when he made the remarks. Mr.. Per
son continued
1t was my intention, Mr.. Speaker, yesterday
when the resolution was up, to have given the SEN
my views in full upon that subject. But having
ascertaned previous to that time that many Senators
were anxious that the debate shorld cease, and the
be taken upon the reference of the resolution 10
the appropriate committee, / concluded that would
no. protract the debate any longer. And it is my
intention to say but few words now for am
fully satisfied tina; inasmuch the principal ques-
lions which would arise from the further Investigate
cation of the subjec embraced in the resolutlon
introduced by the Senator from Lincoln, at the beg in
ming of the session, it will be decided in the same
way. 1t is well known to tho Senate that the reso-
luton just referred to, discussed from day day
for than week, if not mistaken, and that
during that discussion we had all the evidence thai
is admissible, that can be legally admitted in the
sideration and decision Of such case. Why then,
ask, Mr.. Speaker, should discuss this question
any longer! What lights be brought to
bear? AS have before stated, we have had before
all the evidence that is strictly admissible, unless
the Senator from Guford intends, by his resolution,
arrive at a result by indirect method which the
of the State forbids him TO do directly-to
bring this election under the head Of regular con-
tested election. This l contend he cannot 40 with
first giving the notice required by law. Enter
tanning these views, am opposed to referring this
resolution to any committee believing as do that it
would result in the same way and consequently
would be useless consumption of time.
MIR. T. F. Jones replied briefly TO Mr.. Clark, ex-
pressing his surprise that the honorable Senator from
Edgecombe should doubt the motives of the 1nspec-
tor of Camden, and hoped that the gentleman would
rise in his seat and withdraw his remarks about a
gentleman with " HON he had no acquaintance, and
who was in every respect an honorable man.
MIR. Clark said, it was true he had no acquaintance
with the Inspector of Camden and, he supposed he
was gentleman, from the company in which he was
found, and from the words of the gentleman who had
Just preceded him, he had doubt of the fact.
MIR. Clark said, he knew nothing of the gentle
mans character, he had based his remarks of censure
upon the fact, that he had made oath to-day to one
thing, and 10 that his cath of yester
taken in a Court CT Justice, and there not ma
make that oath.
Dr. Shaw was entitled his seat; and Mr.. Barnard.
satisfied that the matter ended, had gone home,
In the discussion of this question, four days had been
consumed, previous to it's termination. Now, at the
expiration of two weeks, the Senate called upon
to pass a resolution which will occupy nearly the
whole of the session get through with and, after
an investigation, the Senate would be where it now
is. This body, CONTINUED Mr.. Thomas,) has met to
perform other duties, and good result to the
State or Mr.. Barnard, from the investigation.
Resolution had been adopted by the Senate djourn
on the Ist Monday in December if the House would
concur; and there would be but month left in
which to transact the business of the State. The
present Legislature would have the question of Free
Suffrage to pass on; Senatorial and Congressional
Districts lay off and the schemes of Internal I'm
provement passed the last session. would require,
no hadp nderstood material amendments.