Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1875-10-01

SINTEESTH DAY, .t
THURSDAY. September %.
Mr. Manning, of Chatham, from the
Committee on Privileges and Elections,
submitted report in relation to the
Robe5on county contested electsOn
case, which was voluminous in it's
character, and cannot be given as full
rs It's importance demands. The re-
port in substance recites that the con
tc8tan E, Messrs Mcneil and Nor
ment, must have their right to the
seats esta olished by a comparison OF
the poll books, ETC., and that all the
testimony III the case must be before
the Committee, and praYs the Conven-
ton to take such order as it may seem
necessary to meet the ends OF Justice,
and recommend that the resolution
ouating the present incumbents, Aiessrs.
McEachin and Sinclair, do nos pass.
That the certificate of the Sheriff made
out a l0J'inl0 fdcie case for the lncum-
bents. and that it is for the cOntes-
tants to rebut this and establish their
right to the seats. That there was
no competent testimony before the
Committee on this subject. That the
act of Assembly giving contested cleo
tions to the General Assembly, as APP
plicable to this case, has not been
complied with by either the contes-
tants or incumbents.
This act does not apply, and the
Convention must make rules to gov
ern the case,
Mr.. Chamberlain, rep, submitted a
report IN behalf of the minority Of the
Committee on Privileges and Elec-
tions, claiming that the contestants.
Moment and Mcneil, received a ma
jOrity Of the votes cast in the county
OF R1beSou, and were therefore emit
tied to seats in the Convention that the
Board of Commissioners acted illegal
y in throwing out the vote from Ger
tain precincts whereby the present III
cumbeuts received their certificates of
election. It alleges that the whole af
fair was a specie OF fraud perpetrate1
for political ends. And tins minority
vas Of the opinion that this question
| did not come under the provisions of
regular contests, the certificates Of
election having been given on 1mprOp-
er returns.
Mr.. Manning moved that both the
majority and minority reports heprint-
ed and made the special order for
| Tuesday next at u O'clock.
| Mr.. Buxton moved it he made spec
ial order for Saturday at II o'clock.
MIR. Mannlngs resolution prevailed
| by tote Of 50 to "a.
| INTRODUCTION OF ORDINANCES AND RES
OLUTIONs.
By Mr.. Stallings, an ordinance to
am end sec. 3. art. of the Constitu-
ton, Provides for the taxation of
dogs. Referred.
By Mr.. Avery, an ordinancesprovid-
ing for the establishment and working
of public roads and bridges by taxa
by sMlsSNheeler, resolution to ad-
journ sine die. Lies over.
UNFINISHED BUSINESS.
The DILL to remove the disabilities
imposed upon W. W. Holden by the
Senate, sitting as a Court of Impeach-
ment in 1871, was taken up as unfin-
ished business.
MIR. Albertson, rep, as q member
of the committee which reported
unanimously adversely upon the bill,
stated that the report Was correct as
far as he then understood the ques-
ton, he not being then clearly of the
opinion that this body had the right
to act upon this question. But by
subsequent thorough investigation of
the matter. he had come to the con-
clusion that this action might be
termed necessary legislation ordered
and allowed by the act calling the
Convention. That this was necessary
incident attendant upon all bodies,
and he did not deem the Legislature
in calling this Convention meant to
prevent such ''IegIsIation" as would
be embraced in the passage of the bill
now being considered. Whatever
power of legislation the Legislature
Itself did not possess could not be in
cluded i'll the restrictions imposed
upon this Convention, and hence he
held that this action was entirely
within the province of this body.
Mr.. Hassell, DEM, had not expec-
ted any argument upon tho report of
the Committee, as be had supposed
the workings of this Convention would
be abridged; this question was not in
trOduced into the campaign, and he
thought it should not have been intro
duced here; but it had been done. and
those who favored it had discussed
It's merits fully, with view, as he
thought, if the measure could not be
passed, to make political and party
capital in the next canvass. In alIud-
ing to the leadership of MIR. Tourgee
of the Republican de of the Hou e.
he said he would like to see the ma
tive clement little more prominent |
on this floor in the framing of this |
Constitution. He reviewed at some |
length the speeches of Mr.. Tourgee |
dut ing the sitting of the Convention.
and characterized his ailusiOn to Christ !
as carpet-bagger as an insult to the |
Convention and as blasphemous in the |
extreme. The speaker then reviewed |
the action of Gov. Holden, for which !
cause he is now banned He had at
one time resolved never to vote again.
but the actions of that official in or
ganlzlng an army to make war upon |
the citizens of his State had absoived
hIm from that resolution, and he had
then voted to overthrow those in high
places who could so act, and should
20 exercise this right in order
to assist 1T protecting his people from
such lawless actions. He then ar
gued against the right of the Conven-
ton to grant the pardon asked. He
favored pardon and amnesty in it's
broadcast sense, and he would go with
those who favored putting the pardon
ng power in the hands of the Legis-
ature, and he doubted not the next
Legislature would grant this pardon.
MIR. Berringer, rep, was member OF
he Judiciary Committee, and still en-
ertalned the opinion that this body
lad no right to act in the premises, as
10 argument yet deduce d had changed
lis opinion. He would vote for the
emoval of the disabilities of W. W.
Holden on personal grounds, but not
Is public right, as he did not an.