Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1859-02-09
TIE STANDARD.
LEGISLATURE OF NORTH CAROLINA.
MONDAY. Jan. 81, 1859.
SENATE.


Mr. Houston from the committee on the judiciary
to whom had been referred the bill relative to cap-
tai punishment reported the bill back and asked to
be dicharged from further consideration. Concur
ed in
Messrs. Ramsay, Mcdowell and Mckoy were
announced as the Senate branch on enrolled bills for
the week.
APPOINTMENT OF MAGISTRATES.
Lists of magistrates for some twenty-five coun-
ties were now read and disposed of with little or no
opposition.
Mr.. Houston moved to take from the table the list
for Union county, and that the memorials on that
list be rea Adopted.
The clerk read the first memorial signed by q
citizens of Union recommending the entire list but
especially Simpson, as tit and proper persons for
magistrates. The other petition was also read,
rec Dmmending the whole list and lnStructlng the
conmonner and Senator, (Mr Walkup) to support
the nominations. This was signed by one or two
persons named by the clerk, "and three feet and
half of others
Mr. Walkup moved to strike out Simpson and
Helm He then entered into statement of his OBJ
lection to them Both petitions, he said were IN
the hand writing Of Simpson. He had received
letter from one of the SignerS withdrawing his name
and there were one or two others who would like
to have their names off they did not desire Simp
sons appointment. He moved for special COM
mittee to hear testimony and examine into the case
lie did not like to bring this matter before the pub
lie, thought it had been done already. lie did not
Object to Simpson before us it was understood not
to be in order to strike one name from the list.
He had made the statement on the Sth inst, by re-
quest. He considered one other magistrate would
be sufficient with those at Monroe. He could not
recommend Simpson, though he had good business
capacities, for his antcccdentS were not good lie
had been guilty of mafeasance in office and had
resigned his commission as magistrate. He Onght
not to be appointed because he had been compelled
t., resign for his misdecds in Office magistrate.
As to the list of memorialStS he thought much
larger one could be gotten up opposed to the ap-
pontmcnt. lie pointed out the names of two
youths III and IS years old on one list; he did not
know how many such were on the other. There
was nothing political in his oppoSition-it was inn
material whether they were wings or democrats.
lie did not think Simpson or Helm fit for magis-
trates-they ought to be men of property and char
acter.
Mr.. Turner saw no use in referring this matter to
a committee Mr.. Walkup'S motive was a good one,
but he hoped he would Withdraw the motion. The
character and acts of Simpson had been before the
Senate and there could he no necessity for refer
ence lie then went over the charges before pre-
ferred against Simpson, and said it was due to the
Senate and the country that there should be no hest
tation about this matter. lie complained that when
he attacked Simpson Senators had attacked him
mr. IT, with much i'll feeling lie alluded to Sinp
sons writing both petitions to have himself appoint
ed magistrate and said that was sufficient of itself
to exclude him. if there no better reasons.
Mr.. Turner said he had been represented reflect
ing Oh Judge Caldwell in opposing Simpson, and
he had taken occasion to write to the Judge to
know if he had ever appointed Simpson tIerk a0d
Mister IN EYuity Here Mr.. I. read the letter, in
which Judge Caldwell said he did appoint
him. Mr.. +. continued He said one man had
been objected to for stealing meat another for trad
ng with negroes, and these were deemed sufficient
for the Senate to strike both Off lie thought the
reasons assigned in this ought also to he suf
ticient. The Solicitor, Mr.. Coleman, who prescott
ed Simpson for forgery and who made him S,rrcn-
der his commission satisfied that his motive in
issuing executions dormant iutl g:ncnt We're cor
rupt, and Mr.. Jones says he did ndict Simpson for
perjury. These charges We're not denied in the
memorials. 1t might be said Simpson had not been
convicted of perjury. That might be so, said Mr.
l., but he goes oil into another county and is there
indicted for maifeaSance IN Office Well. he WAS not
convicted there; but Mr.. Coleman SAYS, after the
jury was empanneled, at the suggestion of Simp-
sous counsel, ajurOr was drawn condition that
he should give up his commission as u magistrate.
In conclusion he said there was too much kind feel
ins for one dead to it-One who could not appreciate
1t. lie would DC the last to reflect an homes:
man but all drlicacy OF feeling in this man must
be lost. lie moved to strike out the name
Mr. Houston said, that unlike some others, he
had no llhis for interfering i'll matters not concern
Ing him. But Mr.. Walkup knew in what position
he was placed in reference to this case He would
not have entered into this matter but that another
Senator had thought proper to 10 so. If it was
right to bring IN foreign and to the prosecution 1t
could not be wrong to invoke it for the defence lie
desired merely cvcnhanded justice, nothing more
Simpson had been assailed in his private character
in the Senate by gentleman whose position on
that floor could not be reached by Simpson in his
defence. But had now entered upon his defence by
tribunal OF his immediate fellow citizens and had
brought to his defence numerous testimonials 1t
was record that could not be assailed, and it iust
fled him. and should be regarded before all other
means. 1t was not his (Ir. rs.) province to inter-
fere when such mass Of evidence is presented by
persons all around the assaed, and over whom the
influence OF his Office is to be exercised He differed
as to the propriety of submitting this matter to a
committee. Was it right or proper or lust that this
memorial was to be met by private letters of alrony-
nous writcrs-to be concealed behind curtain
While the accuseds evidence was open and before
tle Senate? Besides this mass of evidence, he had
abundance outside of it. (which he would give if
necessarily which satisfied him that Simpson was a
competent person. In reference to the reelection on
Judge Caldwell as mentioned by Mr.. Turner Mr..
Houston said he Mr. L. had now cast that reflection
Oh Judge Ellis, who was the authority for that ap-
pointmcnt and upon highly respectable religious
denomination. Simpson came here as a member of
the Presbyterian Church. and was it to he supposed
they would receive amongst them a pcrjurer and a
torser. or corrupt man? lie was warm friend of
Mr.. Coleman, whose name had been brought into
this matter, and had high respect for all he would
say. But nc surely must be mistaken in this mat.
ter. Tic, (Nr. ID and Mr.. Turner knew that the
charge for forgery could not be sustained. A bill
might be presented to the jury, but it must have
been Ignored in case like that reported And
then 1t Was the maxim of all civilized men that all
are innocent till found guilty Simpson must have
acted for others in this lnatter-he could have had
no beneficial interest in it. This was his position
in this matter; he did not interfere in the affairs
Of Union county.
MIR. Steele desired to vote knowingly on tn,
question. He asked Mr.. Walkup if Simpson wa,
not regarded by the respectable people of Union a.
respectable man?
Mr.. Walkup. A great many do so regard him
others do not
A.