Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1856-11-29
LEGISLATURE OF NORTH CAROLINA.
SENATE.
SEN 4 IH'
TUESDAY,, Nov. 25, 1866.


fst Judicial Circuit at u o'clock, to-day; ana nm
,nedately thereafter, to vote for Solicitor Oh te I'LL
Judicial Circuit. Concurred in 49,.
Mr.. Houston offered resolution to increase the
nav of members of the General Assembly, &C W.
ferred to committee on the judiciary.
Mr.. Eaton introduced bill concerning s'i'n.fS o. .
Mr.. Coleman introduced bill, accompanied uy :"
memorial to Law off new county from PartS u III
derson HAYWOOD. and jackson, to be called hu9'".
Referred to the committee on propositions anu eio'
ances u,ou,.o tho
Cheraw and Coalfield Railroad company. heie'feo
TO committee on internal improvements
Mr.. Boyd introduced bill to incorporate the Dan,
Vile and Greensboro Railroad company. Referred
to committee on internal improvements.
Mr.. Ward introduced bill to incorporate Trent
River and Tuckaho Navigation company. Referred
to committee on internal improvements.
Mr.. HILL of Caswell, from the committee 10 whom
was referred Mr. Boyds bill to amend the constltu-
ton of the State reported the same back to the Sen
ate with amendment to the preamble, and recon-,
mended its passage. iThe preamble was AMENDED
by striking out the word "last" before session.
and inserting I: before the words General Assem-
bly.'1
The question then being on the passage of the bill
its first reading,
Mr. Thomas, of Jackson, said, in substance:
He did not rise for the purpose of making speech
on the subject under consideration, but for the par
pose of explaining the vote he gave at the last SEES
sion and the position he occupied at this. When
the vote was given at the last session. 1t was gov
erned solely by sense of duty to his constituents,
a small portion of whom at least two Cherokee In
dams, T'imson and Chumauska, were entitled, I'M
der the constitution of the State to the privilege OF
voting for members of the Senate. These lndlvldu-
ais the bill proposed to disfranchise, by contininS
the privilege to vote to the white population OF the
State The Cherokee treaties of lSl7'19-35-46,
Continued Mr. To- sanctioned portion of the Cher
okee tribe remaining in the State, which bad been
approved bv acts of the Legslature-recognized by
decision of the Supreme Court of the State, in the
case of Euchella against Walsh, as might be seen by
reference to Hawks reports, third volume. But in
addition to treaty stpulutions and acts of the Legs.
lature special acts had been passed for the benefit
of Timson and Chumauska, extending to them not
only the right to VOTE but also all other privileges
exercised by the whites. To Timson, this right was
extended IN consequence of his education and good
character, and his conversion to christianity. For
many years he was a devoted and exemplary chris
tan, and an orderly member of the Baptist church
capable OF approaching the mark of respect conferred
upon him and his family by the Legislature giving
him those privileges; and to the same extent, he
was capable of chagrn and modification, if deprived
of them without cause.
Chumaluska had been elevated to the same posi-
ton, but for other reasons. In the against the
Creek Indians, about the year 1916, Chumaluska,
who then lived in Western North Carolina, turned
out volunteer, and marched with company of
Cherokees against the Greek Indians, under the
mand of General jackson and at the battle of the
Horse Shoe, the Cherokecs stationed on the op
posite bank of the river from the whites. Perceiv.
ing the battle going on between the Greeks and the
army under Gen. Jackson, and that the latter were
likely to be cut off, Chumauska swan the river amid
showers of bullets-took the canoes of the Creeks,
and conveyed the Cherokee company across the riv-
err, and with tomahawk in hand they attacked the
Creeks in their rear behind their breastworks This
timely aid probably saved the army from being mas
sacred; and Gen. Jackson, who never forgot his
friends, in short time afterwards concluded treaty
with the Cherokee tribe, allowing such of their peo-
pie chose to do So to enrol their names with the
agent and become citizens Of the United States
Chumaluska, and most of the Cherokees now in
North Carolina avaed themselves of this privilege,
and became citizens of the United States. And,
agreeaby the provisions of the constitution of the
United states, those treaties became the supreme
laws of the land, "anything in the constitution
the laws of the State to the contrary notwthstand-
ing )" and, Continued Mr. T) he had taken an oath
to support that constitution which conferred those
rights, and in the discharge of the duty imposed,
could not respect any party ties party Obligations
which conhicted with that duty. This led, at the
last session of the General Assembly, to his making
proposition to rescInd the first form of the pro-
posed amendment to the constitution, to extend the
right to vote for members of the Senate to all per-
sons having the right to vote for members of the
House of Commons. But this was refused, not by
the leaders of the party, but by the members who
seemed not to comprehend the objections to the pres
ent FORM Since the last session, however, when
free suffrage was acted on change has taken place
IN this condition. Tmson is no more! He has
fallen by the hand of midnight assassin and robber,
who hoped to get the money he had saved for him
self and family! His spirit has gone to the land
from whence no traveller returns, and where, alone
justice will be done to the Indian race!
Chuma!uska has grown old, having seen more
than ninety winters. The great warrior whose voice
could be distinguished by the whites at the battle CT
the Horseshoe, animating his men ; he that after.
wards was permitted on the floor of the Senate to
return his thanks to the Legislature for the honor
and the privileges granted to him, will enjoy that
honor and those privileges but little longer. The
privilege of voting for members of the Senate, he
can never again exercise! The great physical
strength OF the warrior is gone he is no longer able
to attend the election precinct to vote His mental
faculties are too far gone to be sensible of the degra
dation which this bill brings upon him; he ne longer
calls on his representative to defend him and prevent
his being deprived in his old age, of the hard
honors the Legislature had conferred upon him; if
he were, Continued Mr.. T.) would vote as did
last session. regardless of personal and party consd
erations But for these reasons and believing that
will be the policy of the Legislature to extend the
necessary protection to the remainder of the Indians
who will be dsfranchised the Senator from jackson
would at least on the present OCCASION vote for the
bill.
Mr. Virgins, of Halifax, said he was gratified two
years ago. to have the aid of the Senator from Jack
son against this bill; and he would be happy again
to have his assistance the same side The two
Indians for whose rights the Senator then stood up
true one was dead and the other too old to vote
but perhaps there were others who would be dis
franchised by the passage of the BILL and he invoked
the Senator to array himself in opposition to the bill
Mr.. Virgins said free suffrage was made test in
his county, at the last election, and he told his con-
sttuents that unless they desired him to vote against
the MEASURE not to elect him, as he should, if cleo
ted, most certainly vote against any amendments to
the constitution; he against touching that in
" ;'nent at all; but, if it must be amended, he ad
I'd that amendment by limited contention