Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-12-16

ana mem 0er5 OF the General Assembly,
ratified Nov. 26. '69 This act is to take
effect from the beginning of this ses--
sion.
On motion the rules were suspended in
order to put the bill through its several
readings.
Mr.. Odds moved to postpone it's further
consideration until Jan. 18th, and de-
manded the previous question, which was
refused. a.
After some debate the motion to post
pone was voted down and the bill passed
its several readings.
SPECIAL ORDER.
The report of the Special Com mittee
composed Of Messrs. Robbins of Rowau
Speed and Brogden, appointed to ascer-
tain and report the vote of the Goth Sena-
torial Disfrics. composed of the counties
of Alamance and Guilford, and what ac-
ton be necessary in reference to seating
the Senators from said District.
The Committee met, but failed to unite
upon a majority repors, consequently each
presented his own report.
Mr.. Robbins, Of Rowan, Chairman of
the Committee, presented the following
report, accompanied with resolution, to
Wit
The undersigned, member and Chair
man of the Special Committee on tie
election in the Goth Senatorial District
feels compelled to : dissent from the views
of the other two members OF the Commit
tee
The Senate has declared the election in
Alamance invalid. The vote of that county
is therefore illegal and must be thrown
out. But Alamance is only @ part OF the
26sh District and it is admitted that In
the other ana larger part of said District,
20 wit Guilford county, Ii valid election
was held and thousands of votes were
legally poIled fer Senators. The fact that
no legal election was held in Alamance
cannot affect the validity Of the election in
the District as a whole. If 1t could, then
by purity Of reasoning it would vitiate the
State election for Attorney General aud
also the election for member OF Congress
In the Fifth District; and the same prin-
clple would lead ua TO the conclusion that
even a Presidential election might be in
by failure OF any one State to
vote, Or by its voting in an illegal manner.
La short, no election would be- valid wherein
votes were cast which were afterwards, for
any cause, thrown out as illegal. This
latter doctrine might be true in the case
of an election by Legislative body where |
q certain number is necessary TO quorum,
and where, by throwing out votes Cast in
IN illegal manner, the valid vote remain
ing might be less than quorum. when, OF
course, their entire action would be O
nullity. But this can never be so In a
popular election, where no particular num-
ser of votes Is necessary to choice, but
simply a majority, Or even plurality, of the
egaI votes cast. The unders signed is there. |
fore clearly OF TIE opinion that the persons
who received a majority of the votes cast
n thai parS of the Goth District, not in
GUIDED in the county of Alamance, on the |
irst Thursday in August last, were entitled !
% certificates OF election as Senators from |
aid district.
The official returns from that part of |
said District, o wit from Guilford coun-
y show that John A. Gilmer received 1S48 |
Totes; J. A. Moore 1771 votes: William A. |
smith ITO votes G. William Welker 1861
'otes. Mr.. Gilner is entitled to the seat
o which we admitted him upon his certi-
lcate. MIR. Smith is not entitled to the
eat which lie now holds. Mr.. Moore
would have been entitled to that seat, had
Ia taken the legal steps necessary to assert
lis claim against Mr.. Smith, who held the
of election but by failing to do
his, he has waived his right to the seat,
nd the Senate ought therefore to declare
he seat of Mr.. Smith vacant.
The resolution herewith presented en-
'ody the foregoing views, AND are offered
y way Of substitute for those brought for
Yard by the other members of the Com
oittee.
WHEREAS, By the official returns duly anthem
cAted, which have been procured and laid be-
Ore this body, it appears, that at the regular
lection for Senators held ia the 18th Senatorial
district the first Th1rsd y in August 1870
ohm A Glimer now holding q seat in the Senate !
eceved the highest number of votes cast in tn at
art OF said District in which the election as Ie-
ally held.
WHEREAS. VIM 4. Smith. to whom certificate
'as given, upon which he now holds a seat in the
enate, did not receive the next highesttnumber
votes cast in that part of said District in
hich the election waa legally held, and was not
1erefore duly elected !: and WHEEEAs, J. A.
Looro, who did receive majority over the said :
7. A. Smith, of the votes cast in that part of
aid District in which the election was legally II
G d, hss waived his right to q seat in this body
? failing to contest for the same according to
w, Therefore Il
Reso}oed, That John a. Gilmer is entitled to
old his seat memDer of the Senate. !
Res0tsed, That the seat held by William A.
NTH, as Senator from the goth District Is hereby
eclared vacant. {
Mr.. Speed presented the following re-
ort and IT solutions, to-wit: !
The undersigned, one of the special
ommittee of the Senate, to which was re-
erred the election in the Goth Senatorial
district, with instructions to report reso- I
ltion for the action of the Senate respect
lily submits that, in his opinion, there
as no legal and valid election in said Goth
enatorial District, on the day appointed
y law to wit, on the 4th cay of August,
$40, for the election of two Senators to !
sprssent the said Goth District in this .
Feneral Assembly, for the reason that on c
lat day there was no civil law in force in
large portion of said Senatorial District g
nder which a valid election could be held,
1e Governor of the State having pro- c
aimed Alamance, one Of the counties q
the said 26h Senatorial Dis
let, in state of instruction. and hav-
1g. by reason thereof, entered, held. and q
ontrolled. and there on the 4th day of
uGust, 1870, did hold and occupy in un-
isputed military control the aforesaid y
ounty of Alamance TO the total abrosa- IA
ION and exclusion of ali civil process. and \
le Constitution and Bill Of Rights. de-
airing "tbat all elections ought to be
ee." and it being against the spirit and
enius of free institutions that any per- a
on of the people be subject to laws en-
'ted or coerced to the payment OF taxes |;
WED ''without the consent of themselves :
{ their Representatives in General Assem- @
Iv free oivon - T rnoon rnopd bba ,1o.eo IA ~