Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-03-18

ington was anything said or understood
about my votes as member of this Leg1s-
lature; was it not purely private matter :?
Answer-The money was loaned for no
such consideration ard nothing was said
about votes; it was purely private trans
action.
Question by Mr.. Fostor-Have you or
have YOU not issued free Railroad passes
to members of this General Assembly for
the purpose of influencing his or their
votes.
Pending an answer to Mr.. Fosters ques-
ton, Mr.. French said he would ralso the
point that questions referring to the pri-
vate business Of witnesses after they had
sworn they knew of no bribery or cOrrup-
ton among members Of this General AS
sembly.
In order to have this question solved he
moved that the Cocamittee rise and report
progress.
The motion to rise WIS put to a vote
and carried.
Mr.. Pou (Chairman) reported progress
and asked leave to sit again.
Mr.. Durham moved the report be nos
adopted. Lost.
Mr.. Durham moved that the House re-
solve itself into the Committee of tue
Whole, and on his motion called the pre-
vious question.
The call for the previous question was
rejected by a vote of yeas ~ nays 49.
The question recurring upon the mo
ton to go into the Committee of the
Whole, it was put to q vote and lost by
the following ballot
YEAs-Messrs. Argo Armstrong, Barnes, Bod
die, Clayton, Davis, Durham, Farrow, Ferebee,
Calling, Gibson, Green, Grier, Harris, of Frank
lin. Hawkins, Hicks, Hinnant. Hodnett. Hum
phries, Ingram, Jarvis, Kelly, of Davie, Leary.
Long, of Chatham, Malone, Matheson, McCan-
less Mcmillan, Mendenhall, FIcholSon FAINTER,
Pou. Profit, Robinson, Seymour, shaver, Smith,
of Allegheny, Smith, OF Martin, Smith Of Wayne,
enipes, Stanton, strudwick, Sweat, sykes, Thorn
pson, Welch and Williams, of sampson
NAYs-Messrs. .LAmes, AshwOrth, Banner. Bar
nett, CAndler, Carson, Carey, OAwthorn, Cher
ry, Crawford, Downing, Eagles. FOrkner, Fos-
ter, French Oahagan, Graham, Gunter, Harris:
Horaey. Justus of Henderson, Kelly, of Moore,
Kinney, Latin, Long, Of Richmond, Mayo,
Moore, of Ohowan, Morril, Morris, Pearson,
Price, Proctor. Ragland, Renfrow, Robbins, Key-
nolds, Sinclair, Simonds, Stevens, Stllley, Yes
tai, Waldrop. WiIkie and Wilson.
MIR. French offered resolution that the
Committee of the Whole be instructed
not to question a witness in relation to
his private matters, after he has sworn be
has neither given or loaned money to any
member of this General Assembly for the
purpose of, or with the expectation of in
auencing his vote.
Mr. French moved to suspend the rules
in order to adopt tho resolution at once.
| The yeas and nays being called the no
| ton to suspend the rules prevailed by a
vote of yeas 50, nays 20.
Mr.. Durham moved to lay the resolution
on the table.
The yeas and nays were called and the
motion to table was lost by the following
ballot:
YEAs.-Messrs Argo, Armstrong, Bodde, Clay
| ton, Davis, Darham, Farrow, Ferebee. Gibson,
| Grier, Hawkins, Hicks, Hinnant, Humphrles. In
gram. Jarvis, Kelly, Of Davie, Leary. Long OF
| Chatham, Malone, MathesOn. McM1lian Menden-
| hall, Nicholson Painter, Pro1ict, Robinson, sha
| YER, Smith, of Allegheny, Smith, OF Wayne,
| Strudwick, Sweat, Thompson, Williams, of Samp'
| NAYs.-Messrs. Arnes, Ashworth, Banner, Can
dler, Carson, Carey, Cawthorn, Chorry, Craw-
ford, Downing, Eagles, Forkner, Foster, Frank
| lin, French, Gahagan, Graham, Gunter, Harris,
| of Franklin. Harris, of Wake, Hayes, Hendricks
Hodgin, Hudgings, Justus, of Henderson, Kelly,
Of Moore, Kinney, Latin, Long & Ef richmond Pna
| son, Price, Proctor, Ragland, Renfrow, Robbins,
Reynolds, Seymour. Sinclair, simondj, Smith, OF
Martin, Snipes, Stanton, stevens, Stllley, sykes:
Waldrop, Wilkie, Wilson.
Isham Sweat, col, moved to adjourn.
Lost.
Mr.. Pou spoke for some time in oppOsl
ton to the adoption of the resolution.
Mr.. Malone said the effect of this reso
lution was to allow the witness to interpret
! the law, It was familiar principle of Law
that the witness cannot draw conclusions
of law. He must state facts, from which
the Court or Committee can draw the con
cLuSion. Mr.. Littlefield may Soy that he
did not bribe any member of the House
: but he should state facts, and the Commit
tee-the Court and the people might draw &
different conclusion from the facts. Sup
nose A charges B with fraud in the ex-
change of horses, could @ be allowed tc
saw B did not commit traud i? No, he
should state facts, from which the Court cal
infer fraud. This is ridiculous. Ht
J wished the whole people of the State
could be in one grand ampitheatre to wit
ness the alarming spectacle of to-day. Do
gentlemen think that the honest people O
the State will sustain their course d.
thew think that party zeal will lead then
TO endorse this conduct? No, he had too
much confidence in the Judgment, charac
ter and honesty of the people.
Mr.. Strudwick moved to amend MIR
French's resolution by adding the follow
ing proviso .,.:
lnt;on shall not apply to any transaction il
which any member OF this General AsSe"
bly is concerned. ,
In support of his amendment Mr. Strud
wick spoke to some length. He contend
, ed chat if Mr. French's resolution shoulc
> be adopted without his (Strudw1ck'sl pro
viso that the Committee OF the Whoi'
would be utterly powerless.
{ After some further debate the House
on motion of Mr.. Downing, adjourned.
NoTE.-When the ballot was taken 9pol
Mr.. Durham's motion to go into the Com
mittee of the Whole, Mr.. Malone said II
explanation of his vote
t The Committee was proceeding to com
! pei the witnesses to give the names o
members to whom he had loaned money
and when the witness had stated two IN
stances OF honest transactions not covered
by the question, they propose now to pre-
vent the witness from farther proceeding
We were about compelling him to disclose