Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-12-17
From the Raleigh Sentinel.
PaGCEEDiHMS GF TEgE LEGISLATURE
SENATE.
TUESDAY, Dec. Z, 1866
INTRODUCTION OF BILLS.

BY MIR. Davis-A bill to amend an act
authorizing the county commissioners OF
Cumberland to loyy @ special taZ, $50 as
10 allow the commissioners to use for the
maintenance OF the poor, and for other
purposes, fOur-ffths Of the money author
ized to be collected by said act"
! message was received from the House
transmitting a resolution proposing to ad-
iOurn on the goth Of December, to meet
again on the 10th Of January, which was
| adopted.
| By leave, Mr. Moore, of Yancey, intro
| duced q resolution providing that the Gen
eral Assembly shall adjourn sine die on the
| Goth of Decembe 1869.
BY leave, MIR. Jones, OF NIecklenburg,
| introduced bill to amend an act to pro-
vide for a system OF public instruction
| referred.
TIE point of order raised by Mr.. Rob
| bins On yesterday, "that tender of resig-
nation 10y member Of the Senate necssa-
sarily Yacates his seat, and it is not in Or
| der for the Senate to take any action npon
| it, either in the way of accepting or refus-
| ing to accept such resolution" was then
| taken up.
| The President said:
will again state why hold the point
| OF order made by the Senator from Rowan
| not to be we'll taken. IF Senator's resig-
! nation is bound to be accepted by the Sen
! ate as soon as rendered, he may be guilty
| of gross violation Of law and of the rules
Of order, and may avoid expulsion or cen
sure, or such other punishment as his con-
| duct deserves, or which this body may
| choose to inHict, ky rendering his reaigna-
| ton. 4 Senator may be guilty Of al Of
| fence during a recess, which is wholly un-
| worthy Ct the high position which he oc-
/ 0Ofa17 LOT cd 70 h-inCr ii
| this body and reproach upon himself, and
if he, by simply rendering his resignation,
can vacate his seat, he may we'll defy this
| body, and thus escape the punishment
which he may richly deserve. It would be
an Unwise and dangerous precedent.
Again, if Senator, during vacation, for
wards his resignation to the Governor, for
| good cause shown, he (the Governor) may
refuse TO accept it, and may refer the same
with his reasons for refusing to accept, to
| the Senate upon its re assembling, SO that
| there may be an investigation. 4 Senator
may rise in his place IN the Senate Cham
| ber, defy all the authority of the State, OF
| the people and of the Senate, with perfect
impunity, and cast imputatlons upon the
| body Of which he is 8 member which are
| unjust, ungenerous and false, if he can,
| by rendering his resignation, vacate his
seat, and put himself beyond the reach OF
the only tribunal which can take cogni
Zance of his offence.
The Chair, also, thinl-s that the Senate
ought, as matter OF course. to accept the
resignation ROW rendered because the Sen
ator from the 4th District has always du
ring the sessions, us we'll as during yaca-
| tions, demeaned himself as a gentleman
and as an honorable Senator, and there
ere no charges against him.
The Chair would further say that the
point OF order raised by the Senator from
Rowan has already been decided by this
Senate adversely to him, in that the Sen
ate did heretofore permit the Senator
from the 4th District 10 withdraw his re-
| siCnati0n and did also entertain and vote
! upon q motion made TO accept the resig-
nation of the Senator from the 38th Sena
torial District. The Chair, therefore,
deems the question already adjudicated,
| and if the Senate now sustaius the point
made by the Senator from Rowan, 1t Will
| ignore what it has heretofore done on the
same question.
Messrs. Robbins, Sweet and Jones. Oi
Mecklenburg, argued against the position
taken by the Chair, and cited numerous
precedents to sustain their position; among
them Mr.. Sweet alluded to the case OF
Preston S. Brooks in his assault on Sum
ner, and of 0. 3. Mattison, q member OF
Congress. who had serious charges pre-
terred againt him. Committee was ap-
pointed to investigate the case and repor-
ted resolution Of expulsion; before any
ac;lon cOull be taken Mattison rendered
his resignation to the Governor OF his