Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1858-12-11
e..o Reuorters to the two Houses, and to the

..., Re,orters to the two Houses, and to the
eacn ., Of the n c. newspapers.
Editors Eorebee opposed the motien, as it would
Nj, n an the arrangement made tor distribution;
break III .be amendment was not of importance, as
besides, u could give one copy to an Editor-he
each nv 70 do So The reason for distributing them
intenaeu. was, that the mineral wealth and
50 eS'e' 6 the State might be known in the COM
sources m,rkets of the world. Motion rejected.
necap asxes moved to strike out Boston and in
NJ u. Charleston, Mobile" &c. Rejected
ser ."l.s being suspended, the resolution passed
l 'acond and third readings, and was sent to the
Senate NEW R,,1s.
II, Hall of Rowan to prevent the telling of tim
MI .ortain rivers in Rowan county.
Der !" Stanford, to improve the navigation of the
Mt: Suamn. and to charter the Black Swamp Nav
;son Company
Smy county.
AS, M'" concerning Common Schools.
-AN' CONTESTED SEAT.
-, W.ddill resumed the debate upon Mr. Hay
M vi case He said he rose to repel the unpro-
WOW sSa ,ttack made upon him by the member from
wan" MN HAYWOOD interrupted him, to- disclaim any
.-.antion of making personal attack on the men,
I,, n. from Stanly He did not consider him the au
tsa, If the resolution proposed
'n W. Waddill stood the representative of Stany
w.t. an uncompromising Wing, uninfuenced by
cou' ":;n;nn of any man. He had intended to repel
ths ' at,t,c, but the explanation of the gentleman
e s', Wake saved him the trouble.
HU Rcnbury moved to strike out the two last res
,.,;ons of the committee. Adopted
o'V Wr HAYWOOD made some illusions to Mr.. Ben
Ill
oa :. ouc. ed bv him, and having recaptulated few
c> H. forlner arguments left the case with the
W. Hill of Halifax, offered resolution postpon-
-. G,rther discussion to the 18th January. He
~, that two DAYS and part of the third had al
s5r been consumed in the discussion, and it was
;m,ossble to say how much further it would be ex-
tended He had great respect for the intelligence
~ hi; associates in the House, but felt constrained
tasay that if they should hear argument for the next
r",nth in his opinion, they would not be compe-
,a, to rive an o1nion this great constitutional
S,.st;on As the Judges of our Supreme Court. 1t
I undcr this belief he had offered the resolution
brfre the House, and that we might save time for
tho consideration of other important matters before
the House.
Mr. HILL of Halifax then offered the following res
P,,,Irsd That the opinion of the Supreme Court
non the following questions is respectfully reques-
ted
K Clerk and Master in Equity Clerk of a court
ofrecord as described and intended in 80 of the
constitution of North Carolina?
Is Clerk and Master in Equity such person,
holding an office of trust and profit as is made incl
rhle under art T. sec. 4, of the amended conStitu-
tioD to seat in either House of the General As
smbly?
Mr.. Ba,lham considered the reference to the SUI
preme Court as against the Bill of Rights. He
therefore moved to amend by striking out Supreme
Court" and inserting judiciary committee"
Mr. 7. R. Caldwell had opposed both resolutions,
and considered the passage of them indicated the
opinions of the House on the case He considered
the House as the sole Judge and opposed the refer
enee to the Supreme Court and judiciary committee.
Mr. Smith supported the amendment The Su,
preme Court was established to decide between in.
dvdualS, and ought not to be called upon in this
cSe The House had no right to refer the case. II
was violation of fundamental principle as il
could not transfer its lights to another tribunal
Mr.. Hill, of Halifax, in reply, remarked that he
thought gentlemen needessly alarmed for the digni
yOf the House and the safety of the constitution
He could not believe gentlemen to be serious in the
opinion that there anything unconstitutional il
hbresoutiOn. He did not propose to take this mat
ter from the jurisdiction of the House; but merely
request an opinion of the highest legal authority
upon technical questions of law which incidental,
arose in its consideration. 1t seemed to him pecu
Gry appropriate for the judges to determine wheth
er Court of Equity was a Court of Record, &c
Upon that opinion being given it yet remained fo
the House to decide whether they would adopt it
and whether. under that decision, any member wa
not entitled to his seat We had been now for tw,
DAYS listening to opinions of judges and eminen
men upon this question; the gentleman from Wax
had read a number the gentleman from Tyrrell hat
read the opinion of that great and good man, Judg
'aSon; but so soon as he proposed to get the fur
her opinion of the highest officers known to OH
State government it becomes undignified and uncon
stutlona for the House to hear it; and gentlemen
begin to cry out, if they could not perform thes
Constitutional duties, all had better 60 home and lie
inc people send those who could He declared tina
II they attempted to fix precedent upon matte
50 important as this without getting all the ligh
they could upon the subject they had better G
nome and let those come here who have more regar
nr the truth of decision than for the manner Q
forming that decision
lhls was no new matter. The Senate once asked
anu the Supreme Court gave, an opinion upon cor
su'ulona question touching the right of one of it
members to seat Nor was he aware that by tina
action the judicial and Legislative departments of GU
government had become blended.
was OF no Importance to the relative strength {
Partles IN this House, whether the gentleman fror
wake retained, or elected from, his seat so tina
improper motive could be attributed to this move
nnt to postpone this question to the 18th of Janr
aii next He had acted in the matter without cor
sll,atlon and on his responsibility and solel
VII n'h view to the formation of an opinion by tn
house OF Commons, which should be more distir
pushed for its soundness and truthfulness than fc
We readiness and haste with which it had been col
cOcted
MI Ransom wished to correct an impression vi
Hf winch Mr. Caldwell seemed to labor. He seen
Ta 10 think that the vote of the House upon NJ
,llS resolution, an indication of final action
t @aoers On this point, he begged to say the gel
w ns a was mistaken Mr. Haywood had suggeste
E, me House that he had telegraphed to Richmon
wa decision made in that State on the subject the
that they were not nou PREPARED to vote on the rel
ts ,'4oh declaring Mr.. Haywood ineligible. In cou
ms s % that gentleman, and in reference to gentl
mea who desired time to make III their iudgmen