Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-12-18
LEGGsLATURE OF NORTH CARoLINa
SENATE.
TUESDAY, Dec. 8, 1868.
INTRODUCTION OF BILLS

TUESDAY, Dec. 8, 1868.
INTRODUCTION OF BILLS
By Mr.. Osborne A bill to incorporate
the Hebrew Benevole Mt Association, in the
city of Charlotte. Referred to the Com
mittee on Corporations.
Bg Mr.. ShofTnor 4 bill in relation tC
employing Attorneys in civil and crimina.
actions. Referred to the Judiciary.
By Mr.. FOrkner 4 bill to repeal an
ordinance to amend an ordinance to in
corporate the Northwestern North Carolina
Railroad Company. Referred to the Com
mittee on Internal improvements.
By Mr.. Osborne A bill to consolidate
the Charlotte and South Carolina and the
Columbia and Augusta Railroad Compa
MES Referred to the Committee on Inter
nal improvements.
CALENDAR.
Bill to consolidate the Atlantic and
North Carolina and the North Carolina
Railroad Companies passed its second
reading.
Bill 10 amend the Charter of the Western
Railroad C-mpany passed its second read
ing.
Bill te amend the Charter of the Viii
iamston and Tarboro Railroad Company
passed its second reading.
Bill to divide and separate the Eastern
and Western divisions of the North Caro-
lima Railroad. Passed second reading.
Bill to re-enact and confirm certain acts
in reference to the issue of State bonds to
certain Railroad Companies. Passed second
reading.
Bill authorizing the sale of the States
interest In Railroad, Turnpike and Naviga-
tion Companies Tas rejected on its second
reading by the following vote-31 nays to
6 ayes.
Bill to amend the Charter of the Oxford
Branch of the Raleigh and CASTOR Railroad
Company was amended, and passed its
second reading.
Mr.. Cook, from the Committee on
Enrolled Bills, presented sundry resolu-
tlons which were properly enrolled, and
the President signified his intention to
ratify them.
Among the number was the resolution
in relation to bribery and black mail
Mr.. Hays arose to aquestion of privilege
and said: Mr. President: arise to submit
It to you whether you should sign the reso-
lutions in relation 10 bribery and corrup-
ton, because the question has already been
raised, and there seems to be a doubt in
the minds of some. The Constitution
makes 1t your duty to 81 gn all bills and re-
solutions of Legislative nature, passed in
accordance with its provisions. No Sena-
tor dare question your right to sign bill
which has passed It's third readings, in &C
cordance with the Constitution but the
resolutions in question passed this branch
of the General Assembly with one reading
only The question naturally arises wheth-
er, within the meaning Of the Constitution
it is a resolution of legislative nature. II
it is, [ submit that the action of the Sen
ate has been informal, and that you, know
ing it to be SO, ought not to sign the reso-
luton. l say this as one sworn to support
that instrument. l could not say less. ]
would not say more. Sec. 25, art. 2, of the
Constitution reads as follows:
''All bills and resolutions of legisla-
tive nature shall be read three times in
each House, before they pass into laws"
The words "prepare bills to be passed
into laws, in section "a, same article, are
fully explained in section 25, upon this
point, where the Constitution requires bills
to he read three times in each House be-
fore they pass, and also resolutions of a
Legislative nature. Is this resolution of
Legislative nature Certainly the Legls-
lature in passing this resolution has exer-
clsed one of the highest powers entrusted
to It's Care power possessed by no other
department of the government and one
traught with good or evil. I refer to the
power vested In the Legislature, under the
Constitution, to define crimes and their
degree of punishment. This stamps the
resolution as being of Is Legislative nature,
ana brlngs us back to the argument,
whether, under the constitution, YOU should
sign the resolution. Besides. sir. # j.
contended that any person in North Caro-.
lima can be summoned before this commit
tee. I know of no other committee of this
Legislature to which the same powers have
been granted. A resolution so nearly af
fectlng every man ia North Carolina, deal
ing not alone with filthy lucre, but with
the priceless gem of character, was certain
~ entitled to the maturest consideration
of the grave Senators of North Carolini
before it was passed into law. Ordinar,
deceney would have dictated this course
but rashness and impetuosity are frequent
~ blind to means, to their haste to secure
the object and, sir, it is well for us te
pause now, ere we launch these resolution.
upoH the public seas, and inquire whether
our aeuon has been such as that contem
pia'eu oy the Constitution, and whether
you knowing the omissions, are bound tc
sign these resolutions.
sE' whether they are signed or not,