Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-12-11
LEGISLATURE OF NORTH CAROLINA.
SENATE.
FRIDAY, Dec. 4, 1868.

SENATE.
FRIDAY, Dec 4, 1868.
On motion of Nj. Davis the Senate
agreed to go into the election OF President
/ Mr.. Graham moved that the present in
cumbent of the Chair be elected unan1-
mously. ID
A. H. Galloway, colored, put in nomi-
nation the Senator from Northampton, Mr.
Barrow.
Mr.. Cook nominated the Senator from
Granville, Mr.. Lassiter.
/ Mr.. Colgrove nominated the Senator from
Wayne Mr. Brogden.
Messrs. Barrow and Lassiter thanked
their friends for the compliment OF pre-
senting their names, but, on account OF
engagements of private character, and for
other considerations, they hoped their
names would be withdrawn.
The roll was called and the Scuate voted
as follows, to-wit {: r....N ..s
| For Mr. WinsteaI :-Messrs Barrow, Barnes,
Beeman, Brogden, Burns, Blythe, Davis, caves,
Wake, Lassiter, Lindsay, Love, Mason, Melchor,
| Moore, of Yancey. Osborne, Purdie, Richardson,
Robbins, Scott, Stevens, Sweet, Weiker and
Wynne-2S.
| For Mr. Barrow :-Messrs Bessiey, Bellsmy,
| Colgrove, Etheridge, Epps, colored, Galloway,
coored, Hyman coiored. Moore, of Carteret, Rich,
" hlte and Winstead-ll
For Mr.. Lsssiter :-Messrs Cock and Respass
| For Mr. Brogden :-Messrs Long and Smith,
Mr.. Winstead, having received maj Or
| ity OF the whole number of votes cast, was
| declared elected.
Messrs. Brogden and Barrow conducted
him to the chair. when he addressed tht
Senate substantially us follows:
| Senntors-You must allow me TO thank
you for this unexpected compliment. |
| shall rely upon your usual good judgment,
and trust we shall be able to do quickl,
the work that is marked out for US as le9is-
lators, and that it will rebound to the good
Of the whole people. To this end / enter
upon the discharge of my duties.
BILLS AND REVOLUTIONS.
BY Mr. Bethany : A resolution instruct
ing the committee Oh Privileges and Elec-
tions to report at once in reference to mem
bers who are holding their seats and sup
posed to be banned.
Mr. Sweet said he thought it strange
that, day after day, some resolution of this
Kind was offered. when the com mittee allu-
ded to was doing all that was in their power
TO get evidence, in order to Investigate the
cases alluded to. He hoped that Senators
would repose some confidence In the CON-
mittee and would cease to impugn its mo-
tlves. He gave notice that the committee
would meet this afternoon.
Mr.. Bethany withdrew his resolution.
A message was received from the House
transm ting q resolution, proposing to
raise Il Joint Committee to Investigate the
affairs of certain Banks, in which the State
is Interested, aud to report by bill or other
wise, SO that the States interest will be
guarded. Placed on calendar.
Also, d resolution proposing to take
recess from the 21st of December to the
4th of January.
After some discussion, it was adopted
by the following vote: Yeas 80, nays s.
Messrs. Respass, Robbins, Love, Mel
Choir, Galloway. colored Blythe, Moore, of
Carteret, and Moore, o. Yancey, voted in
the negative.
Bill relating to the Supreme Court,
(this bill empowers the Attorney General
to call on the Supreme Court at any time
to give an opinion upon any Constitutional
question, as to which he may be in doubt,
&c. came up on its third reading and
passed by the following vote:
Burns, BY the. Colgrove, Cook, Etheridse, Epps,
lcolored,) Forkner, Galloway, lcolored,l Hayes,
Lassiter, Long. Mason, Martindale, Melchor,
Moore, of Carteret, Moore, OF Yancey, Richard
son, keasapass, Smith, ft"phens, "elker and
NAYs-Messrs. Barnes, Beeman, Davis, Eavos,
Graham. Love, Osborne, Purd:e, Robbins, Scott
and Mynne-l1
Mr. Lassiter moved reconsideration of
the vote.
Mr.. Barrow moved to lay the motion on
the table ; which was lost by the following
vote nays %, ayes Is.
Messrs Robbins and Osborne opposed
the bill, in its present form, for several
reasons. By adopting this measure the
Legislative department. surrendered its
powers to another department., which is
itself subordinate to the will of the people,
and it was an imposition on the Court to
require them to give an opinion whenever
the Attorney General became perp1e.ced on
a legal question. 1t was not only clothing
that officer with too much power, but it
was d reflection on the officer and an i'm
position on the Court.
Mr.. Lassiter thought that the bill could
be improved. He was of the opinion that,
in its present form, the Attorney General
would deem it his duty to inquire into the
constitutionality of the Stay Law, and he
was not willing to see that instrument dis
turbed at present
Messrs Barrow, Lindsay, Galloway,
(coiored,) and Welker urged the adoption
OF the resolution.
Mr.. Moore, Of Carteret, called the pre-
vious question, and the vote was recon
sdered:
AHEs-Messrs Barnes, Beeman, Belamy,
Blythe, Cook. Davis, EaVes, Forkner, Graham
harrington, LYMAN, (colored,) Jones, of Wax
Lassiter, Long, Love, Mason, MeIchor, Moore. of
Yancey, Osborne, Purdie, Richardson, Respass
Robbins. Scott, Sweet. Welker and Wynne-27.
NAYS. MessEs Barrow, Brogden. burns, Col
rove Etheridge, Epps, tcolored,l Hayes, Lind /,
say, Martin 3sle, Moore, OF Csrtsret Smith anu
White-13
On motion of Mr.. Jones, OF Wake, the |
bill was made the special order for Thurs |
lay next, at y O'clock.
On motion, the Senate adjourned until |
tomorrow at II O'Clock.
HOUSE OF REPRESENTATIVES,.
FRIDAY, Dec. 4, 1868.
BLACK NAIL.
The Chair announced that there hsd !
been some mistake in the count Of the vote |
Z, yesterday upon Mr.. F'rench's substitute for !
the Senate resolutions concerning black
mail. Messrs. Gilbert and smith, who are
absent, We're represented as having voted