Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-02-03


ed
Adjourned.
SENATE.
MONDAY, Jan. 30. 1871.
Senate called to order. President War
rem in the Chair.
Report of Mr. Ashley. Superintendent
of Public Instruction, was read and re
fsrred.
SPECIAL ORDER.
A bill concerning the report of the Com
mittee on the contested election case from
the Dist Senatorial District was taken up.
MIR. Linny took the floor and argued at
length and ably in support Of the report,
and against counting the Townsville pro
cinct vote
Mr. Robbins, of Rowan, had not been
convinced of fraud having been perpe-
trated at the Townsville box, but, upon
the contrary, believed the vote st that pre-
cinct should be counted. And that. as the
whole matter was clouded, he could not
give his vote to unseat the sitting mem
bers. Was open for conviction and would
not vote to do so, but could not upon the
matter as it now stands.
Mr.. Moore then argued at length upon
the report, the illegal voters, the question
of non-residence &c.
MIR, Speed replied to Mr.. Moores argu-
ment, as to the character Of the conflicting
testimony the law upon the question of
domicile, &c.
Mr.. Jones offered q substitute for the
report of the committee, which declares
that Mr.. T.. G.. Edwards and Mr.. S. O. |
Barnett are entitled to the seats of the 21st
Senatorial District
Mr.. Graham moved an amendment that
Mr. Bradshaw name be substituted for
Mr. Barnett's, in order that the case may
be discussed on one point at a time.
He also moved that further coDsidera-
ton be postponed until after adj Ournment
Of Senate sitting as Court
Mr.. Gilmer introduced bill concerning
jurisdiction of certain cases also a bill
concerning registration of deeds upon GER
tain proofs also bill allowing Executors
and Administrators to plead in certain
eases referred.
HIGH COURT OF IMPEACHMENT.
The Chair announced the hour for the
sitting of the Senate as High Court of
Impeachment.
Justice announced his presence. He was
invited forward, took his seat, and called
the Court to order.
Mr.. Sparrow, for Board Of Managers,
asked that the Board should be allowed to
amend the eighth article of impeachment,
as directed to do by the House of Repre-
sentatives.
On motion, the Court of Impeachment
adjourned until Wednesday at II M.
President Warren resumed the chair and
called the Senate to order.
The special order was further con-
sidered.
Mr.. Latham took the floor and said that
he desired to state as briefly as possible
the reasons which induced him to support
the substitute offered by the Senator from
Mecklenburg. He came to the decision
of the grave questions involved in this
contest, with an anxious desire to do all
parties full Justice. On the report of the
Committee on Privileges and Elections
three questions arose for discussion. First,
as to the Irregularities in the election held
at Townsville Township. Second, as to
the want of notice of the change of six
election precincts in Granville county, and
Third, rs to votes reported by the Com
mittee as Illegal.
He then proceeded to read at length
from Cushing's ''Law and Practice OF Leg
islative assemblies" to show that the cleo
ton a. Townsville Township, though lille
gal, was not void, and that the statute re-
curing thirty days notice was merely dl-
rectory. 3 But the committee had found
that there were 81 illegal votes cast for
Mr.. Lassiter and he was not disposed to
disturb that verdict, and as MIR. Lsssiter
was elected by only ~ he should vote for
the substitute.
Mr.. Lehman argued against the bill re-
ported by the Committee AID the substi.
tute of Mr.. Jones. Offered an amendment
tc the substitute, to insert the name Of
MIR. Lassiter in the place of that of Mr.
Edwards.
Mr.. Merrimon spoke at length upon the
bill and upon the illegality of the Towns
vile township vote.
Mr. Linney again spoke, and cited vari
GUS authorities to support the positions
taken by him IN his former remarks, and
the report of the Committee.
He urged that irregularity of itself would
not invalidate an election unless 1t was
such as to admit illegal votes as taught by
Cooley-Const. Linn, page 61S, and IN
sisted that the effect of the irregulsrity
attending the election in Townsville Town
ship was such as to admit illegal votes,-
many voters having registered and had the
required oath administered by citizen
in the absence of the Registrar, who was
not an officer of any kind and not in any
way authorized to administer an oath.
Mr.. Graham spoke in support of the
report of the Committee, and upon thu
presumptive evinced upon the character
of the votes protested to be illegal.
Price, COL, offered substitute declaring
Messrs. Lassiter and Barnett entitled &
the seats which they now occupy. De
cided not to be in order.
Mr.. Robbins spoke at length on the bill
ank reasoned that with the lights betor'
him he could not vote to unseat the SIT
ting members.
Mr.. Speed moved that the sitting mem
bers and the contestants be allowed on'
hour each to argue the question, and M
further debate be allowed.
Pending this motion, Mr.. Beasley movee
to adjourn until tonight at o'clock
which prevailed,