Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-03-13

elected. Mr.. III. certainly ought to have
! time to defend himself.
Mr.. Durham arose, but was confronted
by the previous question. Mr.. Durham
No doubt, gentlemen, you ardently wish
| the previous question, but l am bound to
say something before you get it. MIR.
! Marler demands, and I demand for him,
that this matter be fairly investigated
! The original returns can be obtained with
in three days, and the county returns will
show the election of Mr.. M. beyond ques-
| uion.
Bryan, red-headed diligit," from
| Wiikes-Will the gentleman tell me on
| which side the illegal votes were cast ?
| Mr. Durham-Mr. Marler has now in his
, pocket a letter informing him that certain
votes cast for him Marler1 had been thrown
| out.
Harris (negro), of Wake, didn't want
s'persons and papers," He wanted the mat
ter disposed of at once.
Forkner called for the previous question
and the House sustained him.
Mr. Durham's s motion to recommlt. with
instruction to telegraph Gen. Candy re-
| questing him to forward original returns,
was summarily voted down.
| The ayes and noes were called on the pas
sage of the report, and resulted as follows &:
NoEs-Messrs. Baker, Dowd, Durham, Elli3,
Graham, of Orange. Hare, Lay, Hodnett Holt,
Legg, Lennon, IcCubbins, Merritt, Moore, San,
derlin, Silly, Williams, of Sampson--18.
Mr.. Durham submitted the following
protest : This is a gross outrage perpetra-
ted upon Mr.. Marler, giving him no chance
to defend himself, and all done solely for
party purposes. We, therefore, solemnly
protest against its passage. Signed-Plato
Durham, q. M. Holt, J. 3. Ellis, j. B.
Hare, John W. Graham, Alexander Will
liams, VIM. Merritt Thomas Sanderlin, 2.
Hodnett.
The Tourgee objected to the protest, as
lndecorous in language and false in fact,
and moved that it should not be enter
tanned.
Mr. Durham-I regard the thing Tour
gee, from Guilford, unworthy my notice.
Of course do not expect delegates voting
in favor of this outrage upon Mr.. Marler to
admit that it is an outrage.
The Chair said that it could be entered
in the journals.
The Tourgee-the Chair has no right to
decide the matter.
Jones, the Washington limber-jack, aris-
ing to back-stitch perpendicular and
looking as sage as billed - owl, moved
| that inasmuch as the house had decided in
favor of Marshall, that the lucky ''animile"
come forward in the ring and be sworn.-
And he came forward and swore.
Bradley moved that Mr.. Marler be gra-
! ciously permitted to draw his per- diem and
mileage up to the time Of his ex-communi-
cation. Carried.
Manager Kowles again insists that it was
his royal prerogatlve to decide concerning
Mr.. Durham's protest.
The Tourgee affirmed that the right of
= 4a1 4F,a lv
| Harris, nigger, Of Wake, stood up like
an exclamation point, asking for informa-
ton, but not obtaining the commodity
| sought, he gracefully subsidized to his all
| fours.
| The chairman still pertinaciously persis-
| ted that he had a divine right to decide the
matter. He had never in all his born days
| declined to entertain a protest from any
one. Then calmly and deliberately draw
| ing himself to his highest perpendicular,
he slowly calculated these energetic words,
| {" fiat .j1sStitid r1t0t c0eletn5 %
| French, the big-footed ''diligit" " from
Bladen. i'll no wise dismayed by the pons
derous Latin of the chair moved that the
whole matter be tabled.
The previous question was clamorously
demanded.
The chair expressed q hope that the house
would allow him to defer decision until
the evening session.
| Diabolical yells for the previous ques-
| ton, which required upon the Tourgee's
motion not to entertain the protest. Car
ried
| SPECIAL CRDER.
The report of the committee on penal
Institutions and public charities was taken
up and read.
Aminidab Sleek Welker moved that the
1st section be adopted. Carried.
| The I'd section was then read.
Rodman moved to strike out cit shall
not be allowed to infct cruel or unusual
punishment. He made the motion be-
cause it was in the Bill of rights. Adop-
| ted.
Mr. Rodman moved to amend by insert
| ing after word crime" in Sd line to the
word 60 white in 5th line and insert as fol-
| lows: 90 Murder and also arson, burglary
and rape, if the General Assembly shall SO
enact, shall be punished with death" The
vote Was put and the proposition lost.
On motion of Hood, Egyptian, the vote
taken on the amendments to the section
was reconsidered.
Mr.. ROdman then moved to strike out
" franding, cropping, whipping and the
pillory shall never be allowed" Carried.
The section as amended was adopted.
| On mOt1On Oh Mr. I[Ounan, Ine vote on
| the 1st section was reconsidered and Dir.
Rodman moved to insert the word "orly :"
after "punishments in lst line. Car
| ried.
Rodman then moved to insert after sim
prisonment " in the I'd line, with or with
out hard labor" Carried.
The section as amended was then adop-
ted.
Rodman then moved to strike out sat
its first meeting in first and second lines,
section 3, and insert "as soon as practical
| BILE"
Amendment lost and section adopted.
The 4th section was then read and adop-
ted after striking out " shall p" in the first
line, and inserting may"
Section was then read, and
Harris, niger, of Wake, moved a recon
sideration of the vote by which "may "
was substituted for shall" in the Isl line
of the 4th section.
Hobbs moved to strike out the entire Sec
ton.
Harris, negro, of Wake-and insert
what
Nothing. The whole cussed
thing aint worth dog gone.
| After much catherine snOrtinc cavOrt-