Semi-weekly North-Carolina standard. [volume] (Raleigh, N.C.) 1852-1853, 1852-10-30

lions IA aIoN.: couy the Judge of the on.I;e on
Aons ano election OF Its members. Sunno0 quaihca
Vdual not entitled to seat in this bdpoSe an ind
ceruhcate either in the regular form or ~, presents
malter how obtained, by means of VIII r"lse, no
ms seat VIII my friend from MeckIenbnr,H ne takes
'n1 senate has no right to institute a. contend
"ne'ner ne Is fairly and rightfully the n enqu.
uve OF the district which he cIains e Representa-
whe'ner ne has been duly and properlv ePfesentl
mat district? When there is an apnc. erected from
or sne seat, grant you that the law points s0lestns
oa proceeding and prescribes that no Ous The
De given thirty days anterior to the Tine S shall
ing OF the General Assembly. But ol The Meet
VINO Is elected fairly and according to tbo - PesN
OF law and who is by some means 6en,; uue form,
seat 10 which he is entitled, sees pronar t OF The
I no lurther about it, being poor man ro u0uOs
ano not able or not willing to pay the evm perhaps
tendent upon contest, have not the a.
% neard have they not right 10 come fghtb
ana say they want this matter enuuireJ ;"atd hes
Constitution declares that '"'o The
The Senate and House of Commons r,
snail each have power TO choose speaL1, "Hen met
ohcers, be Judges of the election and and Other
tnear members, sit upon their own
Soay to-day, and prepare bills to be passed from
NOW, Sir, have no wish that anv ,bn ,.U laws"
Justce and right should take place in use than
matter and say that where there IS 10 this
Ead fair doubt as TO the legality of The reasonable
seat In this body, think it is clearly upancy of
win tne Constitution that the matter sbIS oIOancs
qured INTO. 1t is on behalf of the peono e oe en-
ono Senatorial District that this resoluon j.. Inc sec.
anu u Is proposed simply that Committee shOn;
Vesigd!e the matter, on the part of the ndh H.
Sascer'aln whether the individual refarroa senate, and
~ member of this body or NOT ~ Is proper
MIR. CALDWELL. According to the so,
argument he cannot now contest The soUe own
the that the Senate is the iuJr. W. r.
tne quahcaton and election of its he Judge Of
is true. Has not this body then after gers; That
solemny decided that Henry SIu llll
emitted to his seal? Has not the oak n. Shaw is
s'ereo 10 MIN as Senator from the second S aamn
,I anu mas ne not taken his seat in accordO
an';ra 49, Well, Sir, what does tbs Inv.
,equfe aiter That in the seat is te Jaw
Ia" requires notice 10 be given bv tho oo",l Inc
me strung member, of intention to con,oS, 10
80 =, must De given at least thirty davs 49,
act is in these words: "' assembly. The
" 1t shall not be lawful for ,,.
sihe seat OF any member of The 1;eneraI W sacate
lwho mas taken his seat in consequence f ,Io'y'
soI the oherIH or Sherfs of his County ~ 6in
certifying that he is duly elected, unless The Dsu
o[ persons VINO may intend 10 dispute such eIecOn
shall give the member or members Iyboo ~ eiec'on
for they intend to dispute thirty DAYS notica ne
ito the meeting of the General Assembly If pnoh
,htention' with the ground on which the same sb.II
sbe disputed.'' o '"''e snail
! Now, Sir, who disputes, or who intends to dsr,,.
mat Mr. shaw is entitled to his seat Have ,L
compiled with the act, and given thrtv d. wave ey
IL has been admitted in the discussion that M pr
Iard has given no such notice. Upon what nrrc;nI,
'hen, put II to The gentleman, can he conteo, t
|seat OF DR.. Shaw The Constitution of NonS
oafoina does not make this body the contestpg nar
ty, neither does it make this body the iudge If IN.
return OF member. Our Constitution is moi I,ns
crPt OF the Constitution of the United States Thu
Constitution of the United States makes each bons
oi Congress the judge of the election and return o
us members. Our Constitution does not make this
body the judge of the return of its members at all
DO0V therefore ba rirrbf ;,,lu
ture of the return.
MT: IHoMPsoN. 1t seems 10 me, Sir, that nv friend
from Meeklenburg has totally misconceived The Oue
on This resolution is not introd uced upon the sr
position that Mr.. Barnard intends to contest at all
Indeed we give up the point that he intends IN co
test; we admit that he does not But under lhs
Constliutlon OF this State it is question Of priv.
lege which we have right at any lime TO raise Il
Us neither more nor less than question whether, in
me event OF a minority of the voters of district
or nutng person here' and getting him in by fraud .
or otherwlse, we have no right to enquire into tho
matter. by the Constitution of North Carolina tb
senate mas Inc right Lot only Judge of the oualif
cation but OF tile election of its members. and tben
are many cases. where there is no contestant at ALL in
which The Senate would have RIGHT of its own mers
nouon 10 GUST the sitting member. Suppose man
oOalns seat here who has not the requisite number
Of acres oil land, would ii not be the duty of man Sit
ing here to whom the fact was known-would it not
De obligatory upon him by virtue of the oath he had
~ idise tne question and have the unqualified
member deprived of his seat -? Sunpose candidate
should get return made out ACCORDING 10 law and
vas manifest that he had not received majority of
ne Voes OF me Districts and suppose his competitor
I'D not choose to come here and contest the return
oppose ne had died, would it be our duty 10 SEQ
nat the majority of the voters of the District had
heir interest protected see that Justice was donel
undoubtedly 1t would. And does my friend the
senator from Mecklenburg, contend that majorityd
he voters OF The district may be disfranchsed! Is
nat the republican doctrine that he wishes TO be
erstood as laying down here! On the contrary Iur
ertake 10 say that any time, as matter of Drive.
eye, OF constitutional right, gentleman sitting here
las right 10 raise the question not only whether
member is qualified, but also whether he has received
majority OF the votes of the district because if you
ay down any other doctrine person who has once
rot possession of seat will continue TO hold it, al
hough he may not have received majority of the
otes OF the district. l am not arguing upon the
round that Mr.. Barnard means to contest the seat
axe it for granted ih2t he is by law precuded but
proceed upon the ground that if Mr. Shaw has not
majority of the votes of the district, he is not en-
tiled TO the seat and that it is the duty of the Senate
0 declare the seat vacant. And that has been, un'
uestlonably, constitutional law since the IA
nous case of Wilkes in England. No person rec
gnlzlng constitutional authority can say that IN
ody sitting as we do, person can retain seat el'
ePt by majority of votes; and if we permit one
Who has not majority of the votes of his dlstHc1@
etaln seat here, we clearly have not performed ou
institutional duty. 1t is violation of our oa@
iIting here as judges, if we permit him to remain;
Mr.. Caldwell. 1 understand the Senator IRON
BERTHE as putting this question upona different gTO19a
rom that upon which the resolution places it, ne
axes the ground, believe, that the Senator from Cu
tuck and Camden is disqualified and lnelIglole'
Understand that TO he the position of the Senator
Mr.. THOMPSON. No, Sir. Upon the symposium
lat the gentleman has not received majority Oh wv
otes OF the district, investigation is 10 be MACY
scertain Whistler or not he is holding his seal nsII
the votes of majority of the voters; anG pTT