pcckkivburfl nae^ The powers granted under the Constitution^ being derived from the People of the Tjiuled Slates, may be resumed by them whenever perverted to their injury or oppression '^—Madison. VOIiUmE 4. CHARLOTTE, ]\0RTH-CAR01.I]VA, FEBRUARY 7, 1845. TVUMBER 196. THE beautiful residence of the late Mrs. Sarah A Harris, deceased, in the villaire of Charlotte, will be sold on T\ies- day oj February Court. Terms, credit of six months; note payable on the Bank wilh approved endorsers and mortgage on the premises until paid. P. S. Possession to be given on the let January, .S16. W. A. IIAURIS. January, IS 13. 94-6w § AI.1] :T^IIE Su')^'*ribcr will sell his PLAXTATION ,*t th«; C-.urt House in Charlotte on the Tues- ly . our ii( XI 1 ior Court, if not sold privale- \ ' i.'-irc tiiui iinu“. li contains Acres, wi'll known as a healthy location, four miles. : ih oi' C'hii:-ioit('. 'I'he hvnldings are new and n:= of the land undt r cultivation is fresh. Terms ' iil be favorable lo the purchaser. --ALSO— PROTKST OF SENATORS, AGAINST THE RESOLU TIONS TO EXPEL THE SENATOR FROM ONSLOW. The undersigned, members of the Senate, avail mg themselves of the Constitutional privilege, as securrd by the 45th section of the Constitution of the State, to dissent Jrom, and protest against any act or resolve of the SeJiate, which they may think irtju rious to the public, or to any individual, and to have their reasons for suck dissent entered upon the Jour- j nals of the Senate • Do here now present lo the Senate their most sol I e:nn dissent and protest against certain acts and re solves of the Senate in the case ol Mr. Ennett, Sfnator Iroin Onslow, with their reasons therefor, that the same may be entered on the Journals of the Senate. The Committee appointed to investigate his case. r« poncd the folosving resolutions; Resolved, That the certificate of tho Senator from Onslow, and by him introducted to the Senate as gtnuaic. the first day of the session, is a forgery. Resolved further. That inasmuch as no evidence has bet n oirered before the Committee to implicate any other person in the transaction, tlial the iSenator himself has either been guilty of the forgery, or, procured it to be done, or was at least aware that it was nQt ^^enuine ; and therefore, practised a fraud upon the Senate and ought to be expelled. Resolved. That for the reasons aforesaid, tl)c So tTo ‘I !i cf Mnroh he v.-il! f:(']l at his residence j nntor from Onslow be and is hereby expelled from ' ^ iJouich'^iJ and Kitchen Furniture. i the S' nate, and iiisseat thereiti vacated. I- I T^,rr* ' first resolution passed the Senate unanimous Iv. tbe tuo last by the casting vote of its Speaker, Hortics.). ^ ^ ^ : 1 he undersignt'd prc!esl against the passage of ! iht tu-o Ktst resul'jiions, because, the rule of evidence which the fnajoi ity of the Committee m tht^ir report ap['li* d t ? his case, was laid dow^n in too broad, harsh TWO .AllLClI COWS, And a ivw \S ilii a tt)p. aiul Harness; ; and tmquahfied a sense; — because, the evidence w’as ^ not correctly reported — because, that report wasac- ONE NEW W.4GGN , a; on, Corji, Fodder. '-K ‘ v:> n.iY: i;o mj shl\(;li::s; STU\ r':S. an I . ther articles uunecc; •V ■ on t'if .0:0, M. ' 1V oi‘ .c'lle. .!.■ CALl> WF.LI,. I'l- T IE :i ^ r('s;u . . r,.-T. ■'i-i V. V. 13. i iy iMi'ornie.l nuv’i's. I). >:y ’ ciui ! e hiui in : of thia Institution, are tiiai It. is now open fur : nuTciiisox. !!;■-■ village, or ni the SI- oi' iictters ; i^MALMNG i;i the P^st Uilict* at Charlotte A. C., oil ilic I«-t day ot’ Junnarv. 1845, to wit :nucr, ;U;jKL*r, A. J M. A. I-'. Alexander. .Sirah J. Aioxaniler, idin A '' ■ . A J • Ait.X.Ml.i.T. M. W. AU-; ;!i.i r, 13. iJtTryhi!! A/ iridii D;u,y. ih i w, A. S. Berry, Buchauaij, * V\ m. Briiri'.'o;), Barnette, -'I.. jj:.ii‘!soIt. i'iifn M. Bonz(.r, iirj (\ * of V‘ck!t nbu.';^ ^ ^’oiiiiry Cor.rf, -• '• 11. i,i. Cuiuiin^’liain, Clarke, . Kunioe A. Carter, F. Cowan, C. Ciildwell, L). Allen W. Davis, John S. Davis, James Dougheriy. •^iiines S. Earlv, -Ir. Erwin, Alexander Ervin. F. 4v. G. Flannamin. Q. iTev. John Gitford, Ih'nrv J. GaniiOn, ' H. B. Iliintcr, •^anies Hipp, i ions ton Grier, M. Herron, U’. H. Hovey •>. i’iiild Henderson, J. Vv'm. J(;hnston, Vv 111. Jack, Mrs. .Mary Jones, ^^ lac Jones, J'l aes Johnston, Mary E. Johnston. K. ^^iirvey Kenncdj'. It. Lyon, 'irs. E. Leuimonds, -I-M.Long, , if. Lenionds, I '^^'•ah G. Lewis,' l.eJwell, Mary Lentile. M. Robert McGey, Hu^h McCahan, Janies Me(^iy, \V^ P. Mc(/lelland, Dr. S. McClanahan Jo.^epfi -McCombs, Thoii.as Mack, Jame-s McLeoil, B. D. Mottley, li. K. MeDowcH, H. Me.Dowtll, F. H. McDowell, Jiiines C. Moore, John .\L Morri.;, A. C. Miller. O. R'tfjert Urrnnnd, J. L. A.O.T C j. P. Joshua Perry. Mrs. S. S. Peoples, Frarjklin Pegues. VV'm. rsi. Parks, Benj. PiereCj O. A'l. Peck, Levi Poke, Miss M. Porter, R. C. M. Ray, Dr. J. M. Ramsey, Miss E!iz. Ren 2, Richard Rozzel, Mary Ann Rankin, Dr. J. W. Ross. S. Cyrus Stinson, Coi. Geo, Sniitl', i\ii.ss S. Sasberry, ^Juhn F. Sellars, 'ilrs. E. Sample, or ) ^lrs. A. S. Berry, ^ Elam M. Spratt, \v illiam Springs, Miij. Joseph Smith, James Sloan, Miss Jane A. JSloan. Hiram T. Sloan, Hugh & Eli Stewart T. Thos. Thompson, James G. Torrence C, L. E. Tiiompson, VV, Moses C. West 2, Stephen Wilson, Ricliard Warren, P. J. Wilson, S. iX. Weddington, Miss L. A. vVilliams, Dr. James Wooster, Dr. E. D, Williamson T. R. Hushes. J. W. HAMPTON, P. M. 'Jv,% cranpanit-d by an argument against !NIr Ennctr, b i st*d t-’i’on unluundtd assumption, and lend«d to ptf- j'jJi-'-' hia trial—bfcause. that report, and the pun .(.• c ij'.:iine>i in the second resolution, threw upon iii;n tat; burihen of establishing his own innocence, brciust. Lis counsi I was denied that liberty of sp**ech whk-u IS indispenaible to’a fair aiid mipaiiial trial, and, bccause. i\Ir. Enn ti’s own account of the way !io wai put in possession of the ailedgtd spurious ceitilicate, and whicii was part of the «-videnc«.' re- [)0i't'd by the Committee, being nncontiadicted and fully supported by ihtj t\'hoIe e vidence put in on histinl. and corroborated by unquestioned proof, of hio having the most unblemished character, foi- iucii a wcii^ui ui w stunony, vvhicii repciitd every suspicion c: h.s gui!'}’ conncciioo with the spurious cel t:fi ’ale. Tho undersigntd wiil now procrcd to state the reasons at'd facts whijh fortn the grounds of their Ol lief. The PiiooF snortly stated, was that Mr. Enorlt left home under the most confident belief and expect- alioti. of leceiving his certificate of election in lime j to take his seal on Monday, the 15(h of X'U’ember, the day of the met ting of the Legislature—that he had assuranc* s to this t fFtct from the Sheriff and iw'O other persons—that he was advised before he hit home and after reaching Raleigh by several m mbers of the Le gislature, that his c€itifi-att' was not indispensabK* to his taking his seat, but that his cvilhai’Uts or oihers, would be heard to provu his election as iiad been tlie practice in other cases—that he had rmntioned it publicly, on the day he arrived ht.if, (Saturday.) that he had come without his cer- t fica;e—that on Monday morning he informed hia ruuui-n;ute, Mr. Jackson, and also Mr. Melvin, aud slated publicly in a company cf gentlemen at Mr lloldtn’s ofiice, that he had received his certifi- ‘•ate on the night before (Sunday night)—that the statement he then made to Mr. Melvin of the way and manner he had received it, corresponded stib- 1 siai.tialiy wi’li his Iwo '' onn made lo Mr. j iSioiir- on Tuesday morning after, and the other to j the Senate on ihe 29th of November, although the i latter was not so full; Whicli were in substance, j ihai a stranger callvd at his room on Sunday night, j aboui 8 o’clock, said he had a letter for him, did not inak' hirnself known to Mr. Ennett—he asked I him to walk m—the stranger replied he was in a j hurry, and handed him [Mr. E ] the letter, and inj- jmidiaiely reii.td in thedark—that Mr. E. supposed j it to be i k'tter from some effice seeker, but on open I mg it discovered il contained the certificate he ex- I ptcled of his eitiction. The proof w'as also, that i tile si^natui** to the certificate reseiribhd the hand- I writing of Sherifl’Averett, only slightly, bi>t enough i lo mai^ea ])eison acquainted with it, suppose it might have been written on his knee; that on xMonday af ter Mr. E. pr« senied the certificate and took his seat in tfiC S' iiale. Mr. Senator llellen obtained posses- iion ol the ceitilicate fiom the Clerk, Mr. Stone, u'ilhoiit any order or authority from, the Senate.^ —took it out, kt pt it for some lime, showed il to se veral persons; that several persons marked their initials on the ceitifjcale, among thrm Mr. Gaither (afti. r .vard? chosen Speaker) and Air. Senator Hoy den—that it did not appeat that this movement on the part of Mr. IJcllen and others, intimating their suspicion, teas made known to Mr. Ennett at the time—that as soon as Mr, E. heard of the suspicion ot ijf-nuinenc ss, which was either on Monday night or 'i'uesday morning, he repaired to Mr. Stone, the Clerk of the nale, on Tuesday before 10 o’clock, and asked lo see the certifjcate, IVIr. Slone handed it 10 him, and alu r examining it, he stated to Mr. S thai he was sufficiently acquainted wilh Mr. Av.-reu’s handwriting '.0 say, that the body of it did rtsemble Mr. A’s handwriting, but parts of the sig nature not so much—and then gave Mr. Slone the account as above set forth of ihe manner he had got ten possession of il—that this statement to Mr. Stone was inade alter he had taken his seat, but before the Senat- had organized on Tuesday morning the 2d day vii. !ie S-^?sion—that on the 29th of November lie iiad leceived the cerlificate of his election in a letie. fiom Sheriff A verett, enclosed to him in a let ter ‘lorn Mi. Marble, and on that day presented ihe two It tiers lo ihe Senate, made his stotement how the [»oss ?M'>n of the alleged spurious cerlificaie had ■ n jcii upon him, aud I hat he now believed from '■ • ij^Mtii.iir ih'' two he had be u iir*po.'«t:d uje. u. and -'iSktd tlis Senate to laise a q1 tion on the matter. The Hon Wm. IL W^ashing- ton, of the Ilouso of Commons, proved that Mr. E.’s character was that of€?;i ignorant, inofjensive. harmless man, 'without a blemish resting on it.— Mr Tho. D. Meares, of W ilmington, that Ae as fair as any man in Onshic. Mr. Jeremiah Nix on, of the Ho. of Commons, that he has known his character intimately fcr 10 years, that his general character was that of an hv?iest good man, without a blemish, simple and confiding^ a domestic man in his habitSy a sober, moral, industrious farmer, a kind father and an obllgiKj benevolent neighbor. No one disputed this lestimouy. The proof was also, that ; Comirilteeof Inves tigation had incorrectly repo.tt-ti Mr. Saund r’s tes timony before the Committe^^ They reported, thal Mr. S. said before them that he thought it was on Mojiday morning IMr Ennett told him tfiat he had not received his certificate, whereas, IMr. Sanders w'hen brought lo tho bar of tlie Senate swore, that he told the Committee several times, that he was uncertai/i whether it was Sunday or Monday, and that since his examination before the Committee up on reflection, he was still uncertain, and Mr, Sena tor Louis D. Wilson, also stated on the inal, that Mr Sanders had, when examined before the Com miltee and afler his testimony w’as written down staled iw’ice or thrice that he was uncertain wheth er It was Sunday or Monday. The whole proof then csiublished these facts: 1st, that Mr. Enneit’s three several statenunts of the manner he got possesfion of the spurious certificate, was not unnatural or improbable- that he was tiiat good, honest, simple, con'fidiog man. t.hat might easily fiave been imposed upon in a City where he was a stranger and did »iol know ihe habits of inter course. 2d. 'I’hat he had no motive to palm a forged ceitilicate upon the Senate, as ho knew he could obtain his seat by ether proof of his election, od. Thai as soon as he iieard it rumored that its genuinentiss was suspectcd, on Tuesday morning before the Sinate was organized, he called on the Srnate’s olficer, Mr. Stone—made a full and open i-iatemeni of the matter, which if he was a guiliy man. it is improbable he would have done, as the ulFic^^r by reporting il to ihe Senate placed it in the power of that body to rcscmd the order admitting liun to his stat. and thus have defeated his ulioie purpose, ‘llh, 'J’hai as socn as he received the gen uine cerlificate from the Sheiiil' wheicby he was enabled to form a belitf to the true character of the first cerlificate, he )oct no time in stating thaf belief 10 the Senate and asking for a Commiitte of Inv( stigauon. The Committco of lavcsiigaiion rested tiieir belief of Mr. Etmeti’s guili upon 'hic^ principal points; 1st, the general maxim of lav*, ihat he w’ho is in the P'Jsccjsk-'Ij of a for^,.d iiiS’.ic.})d j!ves no sptis factory account of the manner he got the possession, nor the person who lijd it, and Uocs it for his own benefit, must be pre?umrd to have forged it himstdf 2d, 'i’hat the manner that Mr. E got possesbi ni of the certificate, wa? so suspicious in itself ihat every other man wouU have suspected it under like cir- cusiances. 3d, I'hai Mr Enneli’s stalemt nt oufrht to be discredited bccause he did not inform his room mate, Jacksoo, he had received it. We shall’ examine ihese points 'n their order: 1st As to the maxim of law. We say that its application to Mr. E.’s casi' was harsh and ufujuali- fied. and that ov» n as harshly as ihey applied it, il only raised a tc'hnical preum]>hoyi oj g\:iit,\\\n''\\ under the exeicise of a small degree of the ordina ry benignity of th*^ law, was ccrnpletely repelled by ihe fact, of ail absence of motivn on his part lo forge a cerii.^i'ate; by fiis consistent and reasonable ac count of the way it came into his possession ; and by the proof of his unblemtshed, simple, conliding character, which latter fact, his good character, the Committee do not allude lo in their report, and there fore we must presume did tjot enquire into it, not withstanding in their report, they express such a great anxiety to find oul and report to the Senate all the evidtnce that might cstablhh .Hr. Z'hiuelt's vntoccncc. The rultiof evidence which the Comn^ittce one hi to have appiieu to bis case, is this, “that wh^re the possession is of such a kind, tiS'Wttinifcsls lha‘- l!ie stolen good* (or forged certificate) have cor?.e to the possessor by his oicn act ortviih his undoubted con currence'^ it aflbids presumption of guilt. (See Judge Gaston’s opinion m the late case of tho Slate vs. Smith, 2d Iredell’s lep) In Mr. Enneli’a case the evidence did not manifest tkat the spurious cer tificate camc 10 his possession by his own act, nor by his own concurrence, nor. that no other person could have had a motive to put the possession upon him. His statement being ihal of an honest man, and njade part of ihe evidence in the case, showed. that a LETTER was put into his possession, by an unknow7i hand, and that until he opened it, he did not know what ii contained ; and that before he opened it the unknown bearer of ihat letter was gone, lie had no suspicion of any thing being wrong, be cause letters are often times handed by unknown hands—because office seekers about Raleigh are in ihe habit of sending letters »o members in every form and wav, he expected at first that it was a letter from an office seeker, and afler he opened it, and found il contained a cerlificate of his f lection, it was what he also expected to arrive every hour, al though he did not know certainly m what way, by hand or by mail: and he had enquired that night at the post office, and had not obtainrd it, b( fore this letter was hand d lo him. Ilis siatenunt then showed, that he did not acquire the possession of the cerlificate, by his own agency, but lha* it was put upon him under covt r ol a lktter—not by his own concurrence, for he did not know what the let ler contained, until opened—nor, that no other per son had a motive to do it, for office s(H-kers had a motive 10 do so, is he had been a day in Rahigh. and had made known he was without his cei'.ifi* cate. The rule of evidence which the Conmiillee appdi- ed, they rested on the authority of th>" Sia'e vs. Biitt, 2d Vol. Devereux Re[>o of the Supreme Court, page 122. That case was this: Briu,tin'defendan;, w'as found in the possession of a forged order m his own lavor, had presented and obtained on it money 01 good^. and upon being charged wilh the I'orgery, said *• he had, intended lo take up ihe order before it was discoi-ered.^' In this case the rule of the Com- mitlre wv3 npplied by 'he C/Oiirt, because, ihe de iendani (U«t noi alterrrpt ?o ncTTOifni for the '.vny he acquired the possession, by any accompanying state ment of his own, or otherwise: nor did he impute any other agency or concurrence than his own in obtaining il; on the contrary, he staled, that he in tended iu have taken up the or-ler before thej'orge- ry was discovered, which manifested, that he had come to the possession by his own act and concur rence. 'i’he next authority cited in argument by the ma jority Commiilee, was the Slate vs. Morgan, repor ted in 2d Vol. Dev & Bat. page 343. That case showed that the defendant had himself presented a forged nolc to the Hank al Salem for discout;* r.i his ow.M favor, and had received tho moriev—..j statement of ihe defendant imputed guiliy lo oihers, nor no ciicumsiance appeared to raise a suspicion that any other person had been concerned in the posses bion than the defendant, nor did il appear ihat any other person had a motive to impose it upon him, but all the evidence vianij'ested that he alone for- ihey professed, to search out in the evidence, the circumstances of his innorcnce, instead of first as suming, as they have done that his account of the matter icas suspicious, and from the suspicion, in their own minds, drawing the most unfavoiable in ferences against him, and arguing the case in their report altogether on one side. The next ground the Cofnmiiloe lake is, that his whole stalt merit oughllo he dhcreditcd, because he did not meriiien lo his room n;ale, Jackson, on Sunday night, when he returned home from preaeh-* irg at 9 o’clock, thal he had rcctived his cenificate Had ?I J-'iin«ti taken e.Miaordinary pains to make ui.own UiC tece^j i of lii^ ceiliiicate, would if have exciied suspicion? A-s itwas', he did inform Mr. Jackson. h;s room mate, alihough a stranger lo him until ihat day, and Mr Saunders, his col league, of il the next morning, and when^the ques- lion was a^ked in a pullic company at I\lr. IIoI- den’s office (;ri that morning, “ who was the mem- ged the order. But even m that case, the Court I ber that had 1*. ft hcrr ,■ without his cerlificate,” he in applying the Committee’s rule of evid n.-e, said The force of the piesumption. depends upon the “ ability of the accused to show WITH FACILI " TV, the real truth ; and his refusal lo do so. if there be other circumstances from which it may " be judged that certainly or PROBABLY his " possession was 7iot acquired by his 07c?i taking, “• the/i, the li'hole presumption fails.'' The case of the Stale vs. Britt was decided in June, 15S1, ihe latter case in June, 1S37. In a very late case decided by the Supreme Court. Junr, 18-12, State vs. Scipio Smi;h, 2d Vol. Irc' deli’s Rep, page 402, Judge Gaslcn as organ ol the Ccuit, lays down the rule of evidence iruly applica ble to Mr. Enneii’s case. The evidence in that case was, that one Chambers had had his tobacco stoleii on Friday night, thal tie followed t.he tract of a cart from near his tobacco house, to a house of the dL:"ti.danl, Scipio Smiih, on ihe ne.xt moining, Saturday—that said house as on S.miih’s land and wilh in SO or 100 yards fiom his dw llino house, and ihat on that day (Saturday) his tobacco was found in Smith’s house—thal Smith claimed the tobacco so found in his liouie as his own, in the presence of Chambers, and stated in what field il was grown, and that he. Smith, had ordered u lo be pul in that house. It was also pro ve*5 that Scipio S:nith’s two sons lived with him al ih'Mime, who were ioinily indicted and ti ied wilh tli--ii father bt ing prc'f til replit d, *• he supposed he was the pMSun meant, but that he had received it on tho night before.” lli re. ih; n, the Conimittee so ,*nx K us lo 'taldish Mr Enneii’s innoccnce, assnmtd Uif fact thal not to the reception cf the certif.caLc to his room male was suspicious, atid when the /:tct a])j,eared on the trial, that he Jirid not only mcntioiied it to his room mate but to hi.? colleague find lo c^lijers, il availed him nothing v. iiii his accuse is. Tlie undeisign' i farther { rotest in this, that as the Committee in liitir repoit, and the Senate ty the mode of his liiai, ha.i thrown upon Mr. Ennei; the bu'^then of proving his own iiincctnce, conlraiy to the maxim of la;v und usages in such iGfts. • counsel ought not lo have been refused, as they zvere, the right ati.i privilege of rej.lying to such ohjetlici.s as iniehl have been made in aigumcnt to that proof, aiid iiiore especially, as ihf' CommiUee’s report charged \vi:h all its errois, had been prinled, ciicu* luieel, and :nusi f^ave prrjudiv;(!d Mr I'^eneu’s causc. A)id ihe under .signed alr.v proiczl in this, that iht' Speaker ought i]ot to haveinterruj'.ted Mr. Knnelt’s I counsel as ho did, by repci.tcdly caiimg hini 10 or der, for we think il vras t!;t* coi:ns( i’s duty 10 say whai iic did. \vhen thus calied lo oider, wilh ihe view of sccujing an unprejudiced trial to his clicnt. 'I'he facts ihe.?e, '.Lg counsel cautioned the Senate agamst any unfavorable itnjircssicns or pre^ 'Phe Judge who tried the cause be- judice that the report of the Commi-tee might hav? low, applied lo Scipio Smith, ilie fathci’s case, the | made m iheir bosoii s, as that report contained vaii- ruie of law which the Commiilee have applied to I ous errors of law and fact and had been for some Mr. 3’i.neli’s case. All ihe defendants were coii : time printed and circulnud fu ni which he was fcar- victed ; they appealed to the Supreme Court, and | .^ul h:s client's case may have been prejudged, dis* the Supreme Couit set aside the verdici against Sci- ciamiiiig i-t the same lime at:) intention to impute pio Smiiii the falher. Judge Gaston, who has been improper ir.olivis to the Commiilee or lo the Senate. tru!y ceiled “rood Cian and a urea; JijdiiH,” ilc , 'i'i:, counse l wr? o-.'.ir-J to order by the Sp^ak* livercd the epinion of ti;e whole CoJit. lie says er lor charging the Senate wvh having prejudged as follows: when we examine the eases, in which j tlie case He promptly reitoratrd his disclaimer cf ‘•such a prcsumplion l:as been sanctioned, or con- | intending any ihir^g personal and was permitted tj '• s>der the ground of reason and e.xperience on 1 procecd. •• which the presumption is clearly warianJcd, we “shall find lhal it applies only, when this posses- •• oion is of a kind which manifests thal ihe siolen •• goods have come lo the possessor ly his cwn act, atalU venls, by iiis rxDovirrLD coNe uRnENcr:.’' 'I'he connsrl tlien rcmaiked, upon the embarrass ment which surroundfd his client’s defence against suefi charges at ihis lime; ihat all men, in ail ages, were subject to the iujirniity of enteitaining preju dices, however honest mi^ht be iheir hearls and He ilun hj( ntions a leac.ing case staled by thal | inientions; thal the most honc t and confidincr j great and good Judge, I^ord Hale, where a horse j were someiimes the most iivsensibie to its wa« stolon from A, and ihal same day, B was found . ihat he impuud no more infirmilv ^ upon him —1> was iiied, convicted, and iiung for' than our own e.xperit nee, than siealmg the horse, on ihe ground, thal being found | Bible and the d caloguc inipu^r/; iaws^ ihan the in possession of the horse, and not able to account | and to himselt, ^(ihe counsel^-niankmd, for It, he must be presumed lo be the thief Vet, ; rred leave to assume the r / nerefore, he beg- ‘ .u: i-.ovince of the Preacher— shortly after this, C was apprehended and tried for robbery ?.nd con victed; and when executed, confes sed lhal he had stolen the liorso for which B was hung, and being closely pursued, requested B, a stranger to him, ’.0 walk his horse for linn while he turned aside on a necessary occasion, rnd cscaped. Here B was hung, because being found ia posses sion, he could no' account how' he come to the^r^ session. 'Phe Jury forgetting lhal a horse might bo put upon a and he never theless be unable toit, as the Senate may have in Mrri^nnetl’s case, forgotten, ihat a man i be put in possession of a letter containing S lOrgfc ' cerlificate or counte*feit notes, and the pos sessor t unable to prove who gave hiiTi that letter — much jore easy and common il is to palm a let ter upon a man, than to palm a horse upon him, and yet both have and may happen. Another case is mentioned by Judge Gaston where the sheep of A stray from his lloci: lo the flock of B, and B as the Preacner s congjf,- , , ,, , ry Vi'^gauon oughi not and ccu d not lake anv ofienc^-- ° ,, ^ ® , . .V, . ibc decalogue was read to them, so llie iiX i t ■ , . ot a man charged with an in famous crime ^ mg resp*"' ih* 1 ^Tjuuia take nn personal offence at be lly warned aud cautioned to examine ha' and guard against any prejudice insen- fbly taking possession there. He' spoke of the laii lude allowed iu this nspeoi m Courts of Justice, wheie, not only it was made the uuty of counsel, but also of the Judge, to warn the jury againsl ihe danger of enteriaming an\’ prejudices, or participa ting in any public excilement on the defendant’s ease —lhal he fell it to be his duty as Counsel to give this caution, and meant not lo be personal or disies peclful in the least. 'Pherefore, he thought tho Senate ought lo be wary and distrustful of them selves, when paity spiiit was so rife every' whero in this Siatt, and throughout ih'- country, and dis card al! personal, sectaiian or parly prejudice, for lha’ prejudice woul.l someiimes course through diives them up with his own llock and shears them, ^ honest minds as iusensiblv a? the blood did through B was held not guilty, bccause ho n.i^ht not have | iiie veins—siu ntlv and warrnlv : or as m?ins;bly as suspected they were not his sheep, and il was bet- | ijie atmoslpiiere through the lun'us.” Here he wa^ ter ihat 90 guiliy persons should escape than that one innocent person should sufler. 'Phe coincidence of many circumstances pointing to one thing, forms so natural a ground of belief ac agaii'i called loor.Jcr by ih e Speaker, on the grounds lhal a discussion of party feeling was out of order. 'Phe counsel immediately look his seat. Senator Wilson then arose to the question of cording lo human experience, that ilis trpon lhai I and stated that he did not perceive how tho very ground, lhal the rule 01 evidence has been so J counsel was out of order, and that it seeme.d to him well established in law, that handwriting may be proved by a person who Ins received a letter from a suan^er lo him, in the due course of business, from whom he exprctrd to receive a letter on that ;iarticu!ar busin ss, although he never Isefore had seen his writing.' So strong were the coincidenccs in Mr. Enneii’s case, ihat he was noi only late and according to common experience, w.*rranted in believing the certificate to have come from the Siier iff, .Mr. Avert It; but it would have been thought stiange indeed if he had susptcted it h-ad not II canif- in a letter—which he expected—at that time — and.purporting to be from the verson he expected to send it—resembled that person's handwriting— and he teas not well enough acquainted ivilh that personas handwriting to detcct a plausible imjiosi tion. The next ground the Committee lake in their re^ poll 'S, thal the manner of his receiving the cer tificate, was so strange and unnatural, that it ought to have exciied his suspicion. Had the Coaimilte*- examined wiihduecarealliheforegoingcoincidences, (*ix m number) which could onl\’ consist wiih in nncf-nce—had they compared them with i\lr. En nelt’s confiding simplicity of character—with the absence of all motive on his part lo perpetrate such a crime; with his open disclosure lo the Senate’s Clerk on Tuesday morning soon after a fraud was suspected, of the circumstances which attende'.i the way he got into possession of the cerlificate, and j .j jj^fjiily and constituency, was only accora with his unblemished innocent life, and charac»- r, pijgUed by the casting vote of the Speaker thtr/'v^’OTjld indeed ha'"'* shown that anxious wishi Th»3 en'>r.mity cl the charge against Mr. Ennetf; impossible, that he could do justice to his cf lent un less such latituilc of remark wasiillowed him. The Speaker C ilK^d Mr. Wilson to order, and he took his seat. Senator Biggs next arose to the question of order, staling thal he .lid not perceive that the counsel’s remarks were out of order. The Speaker calltil him to order .unlesshe meant to appeal from the derision of ihe Chair, and if he did, he must reduce Ills poini of Order to writing. Mr. I3iggs did so, and reatl it aioud to thf'- Speaker, who remarked, that he w'ould writedown his point of order himsell’. Hav ing w’ritten.it, and read it to tlie Senate, it w'as iJiis: “ The ciiair decides that the counsel for Mr. En nett must confine himself to the rules prescibed lor tlie government ofUiC Senate in the discu.ssion of the que stion helore ihe House, and that it was not in oraer to I'ejvr to, or discuss the state of parlies thut divides the coiintnj.''^ The cxciicd manner of the Speaker—his having changed tiie grounds of l;is decision—and the remarks of the counsel showing that he w’as improji- erly interrupted by the Speaker—«aHsfied the un dersigned, thal justice could not be done le Mr. Ennctt’s defence, unless that freedom of debate was allowed his counsel, v/hich in no «iher tribunal before have they known it to be denied, and the necessity Ibr which they think the sequel to this trial has fully shown; for, the fact is now^ before the world, that whilst the w’hole Senate of both parties, recorded Iheir votes m lavor of the first resolution, only his political opponents, [by a strict parly rote,'\ voted his guilt und exjmlsion, and that AT LAS'f, this dread ful (iegradation o! a man. [of unblemished charac-