The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1869-01-20
SENATE.

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or to any other person, for work done on the
said stockade until it was certified to him
in writing by the Superintendent of Public
Works that the work for which pay was
claimed had been done in exact accordance
| with the terms of the contract.
The resolution passed first reading and.
on motion of Mr.. Love, its several readings
under suspension of the rules.
On motion of Mr.. LOVE the rules were
suspended and the resolution sent to the
House. E
Bill for the settlement Of the estate of de
ceased persons came up on unfinished busl-
Aess. So
Mr.. MOORE, of Carteret, motion to recon-
slider the vote whereby it was refused a pas
sage, prevailed.
MIR. WINsrEAD introduced abill 70 restrict
jurisdiction ofcourts in debts and to repeal
all stay laws. Passed first reading and re-
ferred to the Committee on the judiciary.
Mr.. EPPEs introduced bill concerning
Registers of Deeds, authorizing them to issue
marriage licenses and to receive pay there
for. Passed first reading and referred to
Committee ON the Judiciary.
Mr.. MARTINDALE introduced bill author
izing the city of Raleigh to borrow money
Passed first reading and referred to Commit
tee on Corporations.
Resolution for the relief of J. P. Swain
came up for third reading, but, on motion OF
Mr.. ROBBINS, was recommitted to the Com
mttee on FL ance.
Bill requiring executors and administra-
tors to do their duty came up Tor third
reading, but, upon motion of Mr.. GRAHAM,
was postponed until printed copies could be
furnished the Senate.
Bill to create mechanics and laborer's
lien law passed third reading.
On motion of Mr. OSBORNE the Senate adj
iourned until II A. NJ. Monday next.
HOUSE OF REPRESENTATIVES.
SATURDAY, Jan. 16, 1859.
The House met at 10 O'Clock.
The Speaker in the Chair.
Prayer by Rev. Mr.. Shaver, of the House.
The Journal of yesterday was read and
approved.
Mr.. DowNING rising to personal ex-
planation said the other day when he no.
ticed op this floor the card of Mr. Robbins,
he stated he was ready to prove the asser.
tions he had made with regard to the
promise of Dir. Robbins to sign the report
of the penitentiary committee. His in.
formation was from Col. Harris, and he
Afterwards called upon Col. Harris when he
understood him to reiterate the same thing.
Yesterday Col. Harris and Mr.. Robbins
called upon him, and Mr.. Harris stated
that he was not certain that Mr.. Robbins
had made the promise positively, but that
his conversation implied that he would do
fboo In
inferred he would sign it. Mr.. Robbins at
the same time said he did not say that he
would not sign it.
on Propositions and Grievances reported
favorably q bill to prevent the telling of
trees into the waters of Milton river and
Rich river and the throwing of other OBJ
structions therein, and bill to grant
town lot in the city of Raleigh to use for
the education of children.
Mr.. FRENCH, from the Committee OF
Conference, on the bill to authorize the
county of New Hanover and certain other
counties to issue bonds, reported adversely,
believing it to be unnecessary under the
Constitution.
Mr.. BARNETT, from the Corporations
Committee, reported favorably upon bill
to Incorporate the town of Henderson, and
several bills to incorporate masonic lodges.
Mr.. STILLEY presented the petition of cit
liens of Hyde county, praying the Legisla-
ture not to concur in the report of survey
made by the Commissioners of Hyde county.
BILLS AND RESOLUTIONS.
By Mr.. JARVIS Resolution in regard to
the formation of new counties.
By Mr.. FRENCH: Resolution to raise
special committee to investigate the affairs
of the Wilmington and Weldon and the
North Carolina Railroads and to report to
the General Assembly the facts in connection
with the quarrel between their officers.
By Mr.. SMITH, of Allegheny, bill for the
relief of the Sheriff of Allegheny county.
Private bills
SPECIAL ORDER.
Bill to prevent the sale of property ex-
empted by the Constitution, known as the
homestead exemption was taken up, the
question being on the adoption of the
amendment of Mr.. Vest, to strike out all
after the word jurisdiction" in line 6. sec.
2, and insert the words "shall he fined
$1,000 and imprisoned twelve months, and if
any person shall indemnify any officer to sell
such property, he shall be subject to the
same fine and imprisonment"
Mr.. INGRAM spoke to the main question
substantially as follows. He had said it
was thought even the decision of the
Supreme Court on doubtful questions
might be influenced by the action OF
this House and by public sentiment. He
said so yet. The voice of the people expressed
through their representatives and in public
meetings on doubtful questions-and this
is admitted to be doubtful question
ought to influence the decision of that high
tribunal, and he was sustained in that opin-
ion bv the very best authority. At recent
meeting of the bar held in the Senate Cham
Der, it was said by Judge Battle that the
people would not submit to law unless
they loved that law and, on the other hand,
that the people would have such law as
they approved And he urged, as an argu-
ment in favor of this bill, that it was sup
ported by nine tenths of the people of the
State.
Legislators have one duty to perf,m,
Judges have another, executors have another,
and they are separate and distinct and on
doubtful questions at least, legislators are
the Judges of the conititutionality of such
measures as come before them. If gentle
men would examine the Federalist in the
days of Mr.. Jefferson, the principle would
be found laid down that legislators are the
Judges upon the constitutionality Of ques.
tions, at least upon which doubts arise. In
letter to Mr. Williams, of North Carolina,
he believed the principle was stated. The
opinion of large number of the most.in
fluential men of the United States, Virgin
ians, North Carolinians, and men of other
States, to the day of Andrew Jackson, whose