The weekly standard. [volume] (Raleigh, N.C.) 1869-18??, 1869-12-15
THE LEGISLATURE
In the Senate, Monday, Dec. 9. 1869


"A communication was received from Mr.. Bar
row. stating that, on further consideration. he
dcciars 10 Withdraw his resignation as Senator
irpn the 4th Senatorial District, and requesting
thai the SAINT bc inserted .,
Mr. ROBBINS moved that the resignation be
accepted rf.J.f9
Mr. WHITE made point that the resignation
OF a Senator necessarily vacated his seat, and
that 1t was not in order for the Senate to take
any action on it, either in the way OF accepting
or rejecting the resignation. vi i
= The CHAIR was of opinion that the point OF
orier-oi the Senator from Rowan (Mr Robbins)
wis not well lakeh; and remarked, III a Senator's
resgnatioDlis bound 10 be acct pied he may, as
Senator of North Carolina and while In his seat,
be guilty of some gross violation OF law and
rules of order, and avoid expulsion by
the Senate, and the censure and punishment
which the law authorizes this body to infiict
!, upon him, and which his conduct deserves. by
I rendering his resignation. The Senator may be
guilty OF conduct during recess unworthy OF
Senator, and il he, by simply rendering his res
ignation can vacatc his seat, he may defy this
body, and thus escape the punishment which his
crimes deserve. 1t would be dangerous and
unwise precedent.
If Senator forwards his resignation to the
Governor for bis action, the Governor may re-
fusc II, and lay he resignation and the conduct
OF the Senator be fore the Senate, so that there
may be an investigation before the Senate into
the conduct OF the offender. A Senator may
defy all the authority of the State, OF
the people, and of this Senate, and cast
imputations upon this body which are unjust,
ungenerous and false, If he can, by rendering
his resignation. vacate his seat, and prevent
the Senate from pursuing course to show
its disapproyal of the Senator's conduct.
Mr.. ROBBINS appealed from the decision of the
{ Chair ag a
Mr.. SWEET moved that the further considers
tion of the subject be postponed till tomorrow
at II O'Clock. ...-
Agreed to. -.. .,.... .
Mr.. LOVE series OF resolutions, as follows.
resolution concerning the session OF the
Code Commission, requesting the Code Commits
sioners to report TO the Senate what time they
bave been actually employed in their duties as
such.
Adopted
resolution concerning the pay of the Code
Commission, directing the Treasurer OF the
State to report what sums have been paid by
him TO the Code Commissioners since their ap-
pointment, &c.
Adopted. =
Senate bill to provide for the finding OF the
public debt.
Mr.. SWEET moved that the bill be recommit-
ted to the Finance Committee, or that those
bonds and coupons which have been declared
unconstitutional either by dleta or the decision
OF the Supreme Court be excluded
The motion OF Mr.. Sweet to recommit prevail
ed. i 1865 -rrlH -l'saI
Mr.. BRoGDES, resolution that what has been
known as the Tu ker claim having been based
upon deprecated currency, In the year of 1868,
be and the same is hereby indefinitely postpon-
cd.
Mr.. WINsTEAD said he did, not know why the
resolution should be introduced, referring to
another subject matter, or Of postponing the
subject matter. 1t should be recollected that
last session this claim was lost, but by one vote
andit is not beyond all question that Mr.. Tuck
er Is entitled to his pay. l am quite satisfied
he will be entitled to it under the decision Of the
Supreme Court. 1t is a subject which the Leg
islature can afford to investigate, and not pass
those resolutions indefinitely posponing it.
MIR. MARTINDALE moved to lay the resolution
on the table which was agreed to.
Senate bill to repeal chapter 2S5 of the laws
oil 1858 80 requiring the registration of deeds.
On its 3rd reading. Passed. .......-
bill to regulate the cost of criminal actions.
On its 3rd reading Passed. Yeas 26, nays 3
The bill passed its several readings.
resolution authorizing the Treasurer of
State TO pay the sum of s. 37S. IA to NJ. A. Bled
soc upon his claim tor supplies furnished the In
sane Asylum during the war
The Senate then adjourned.
In the House, Monday, Dec. G.:
By Mr.. FRENCH: Bill to create Board of
Railroad Commissioners.
Ordered TO Se printed.
By Mr.. ELLIS: Bill to Incorporate the New
ton Female Academy.
Referred to the Committee on Corporations.
Mr.. WHITLEY from the Committee on Corpo-
rations, reported substitute for House Bill,
No. L. in relation to the powers and duties of
State officers. Ordered to be printed and made
the special order for next Tuesday week at IL
o'clock
Mr.. INGRAM called up bill to provide for fill.
ing vacancies in the townships of the several
counties of the State. The Judiciary Committee
had reported adversely to its passage.
Mr.. SEYMOUR moved that the bill be re-refer
red to the Judiciary Committee Carried.
Mr.. FARRow called up the resolution for the
relief of the tax collector OF Hyde county, and
the sheriff OF Chatham. county.
The bill. on motion OF Mr.. Farrow, was recon-
mitted to the Finance Committee.
Mr.. BOWMAN called up the resolution of Mr..
Blair in relation to taking recess.
Mr.. French offered an amendment, providing
Tor the allowance of mileage, but no perdiem.
The amendment was rejected.
Mr.. WEIGH moved to lay the whole matter on
the table. Lost.
Mr.. SMITH, OF Martin, offered an amendment
providing to give onc-half mileage, 90 cents.)
Mr.. STEVENS moved the indefinite postpone
ihent of the whole matter. Lost.
The amendment OF Mr.. Smith, of Martin, was
rejected.
Mr.. WEIGH offered an amendment to strike
out "20th December" and insert I" gath Decem-
ber," and strike out the " 10th of January" and
insert ''3id of January"
Rejected. Yeas IS, nays 49,
Mr.. DOWNING moved to strike out ''20th OF
December" and insert 18th of December"
Mr.. WEIGH moved as further amendment,
that those members remaining in Raleigh du-
ring the recess shall receive 50 per diem.
Mr.. WILLIAMSON offered substitute, declar-
ing that the General Assembly will take no re-
cess, but remain In session.
Mr.. BLAIR moved the previous question.
Carried.
The amendments offered by Mcssrs. Downing
and Welch, and the substitute OF Mr. William
son were rejected.
The original resolution was then adopte =
yeas So, nays 80.
Mr. FRENCH moved to suspend the rules for
the purpose of moving reconsideration of the
vote by which the House appointed special
committee to 20 to New York to investigate the
sale and manipulation of State bonds
Mr.. SEYMOUR said that 1t was not the desire of
the Republican party, or of himself as member
of that party, to prevent fair and full investi
CATION OF appropriations authorized to be made
at the last session OF the Legislature; but on
the contrary, such an investigation was desired.
He favored reconsideration, because the results
OF a visit of the committee to New York, would
be absolutely valueless. They would have no
| power in that city to compel the attendance of
| witnesses, nor in reality to investigate. They
| could only call upon THE and that broker for
| information, and of course would be refused,
| Tor it was not to be expected that any stock
| broker would exhibit his books to acommittee
| appointed by this House. Another reason why
| the vote should be rcconsidered was, that the
present was not the proper time to send COM
| mitfee to New York: it would be time do so,
| after the House had taken other testimony in
Committee OF the Whole and thereby ascertain
| ed knowledge OF facts that would justify the
| taking o. such step. All the propositions
| about investigation had emanated from Demo-
Gratis; and this fact, together with the course OF
| those gentlemen in discussing the same, went
far to prove that it was all done with the delib-
| crate purpose of lengthening out the session,
| and thereby throw discredit upon the Republi
| can party. He proposed to his Republican
friends 10 cut off SO much debate. He repeated
that ii was the desire and purpose of Republi-
cans that the. investigation should be
made; but lie was opposed TO COM
| mtting the thing to the Democrats. The
Republicans were ten fold more interested in
| this matter than the Democrats, for they were
| responsible to the people. He held that consid-
cratons higher than those OF party should actu-
| ate members in this matter, and if his party
| friends were to shrink from what he considered
| their duty In the premises, he would not vote
with them. 1t was due to the people that they
should know in the very shortest time, what dis
| position bad been made Of the State bonds, and
| of their proceeds after SALE
Mr. INGRAM opposed reconsideration. He
| had not charged fraud, but believed some were
| guilty OF frauds. Four millions in bonds were
| appropriated to the Wilmington, Charlotts and
Rutherford roaa, and one million of the same
| had Decp sOlu, ana tne proceeds OF tue sale naq
| been used in the redemption of bonds, which
were notdue. He also knew the fact that much
| of the money had been paid to contractors al
| very extravagant prices, while many of the
friends of the road could not get contracts. He
was actuated by a purpose to do right, and
should sustain propositions when they commend
cd themselves to his Judgment, whether they
emanated from Republicans or Democrats.
| Mr. JARVIS expressed his views on the sub
ject, and opposed reconsideration. He, moved
to lay the motion to reconsider on the table,
The motion was rejected by the following
vote: y '..-..-..-., ss III fr4 ~ Id
YEAs-Messrs. Argo, Armstrong, Banner
Barnett, Barnes, Blair, Clayton, Durham, Ellis
Ellington, Fatrow. Ferebee, Gattling, Gibson