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Vol. 2.
RALEIGH, K C, THUESD AY, FEBRUARY 6. 1873.
i 1 Three months,
50
Li KJ
i
jjk N. C. Legislature.
SENATE.
THIRTY-EIGHTH IAV.
Monday, Jan. 27, 1873.
finite met at II o'clock.
Vj.ut.(iovernor in the Chair,
journal of Saturday read and cor-
r nator Respess stated that Sena
yirKing" absent on account of
;,-kuts.
'snator Worth rejortd Senator
ypvv alnt on account of sicknos
iu 'his funily.
' S.natr Price stated that the s-
r.iat IJoor J.et'ier wasmwcm.on
iUi.t olMckness.
w.iritof IJudjrer moved a rtfon
rrjtion of the vote by which the
i.rAic sustained the decision of the
i-:.ir on Saturday.
t i i motion of Senator Love the
i !! er consideration of "the subject
' . i .:i w. .1 i ...
pislponeu until cuiui;i
l'ETITIONH.
: senator Cunningham presented a
from the citizens of the
Sown of Milton, Person county.
i EEror. rs OF .-TANDINr. COMMIT
! TEES.
i rii rr; from .standing and select
jon:uiUfcs were presented by
-. iNfn.itoi Price, love, Welch, Smith,
Ion-head of Rockingham, Cuider
III LI-'.
' S : .i'r Morchead, of (luilford, a
lilii. ineirjorate the Old North
, Mate li.saraiue Company. Referr-
;lVa motion of Senator Gudger,
: the rules-were Mi-pemhil and the
: ;,;!! in reference to public guardians
i uitirtt-ommittl to the Judiciary
tciiinittee, and the bill to more
tUiinitcly establish the Stale line
" is recommitted to the Committee
' iTtipositious and Grievances.
On motion of Senator Harris, the
-. ru! were su.iended ui;d the bill
, declaring- Ncum.' river a lawful ft :.ce
fruni the Johnston county line to
i the Falls of the Neuse in Wake
1 ra-scd if" several readings.
! Al the bill incorporating the
; :'.,rth Carolina Handle Manufactur--1'
Company passed its several
I'ntlera suspension of the rules,
i.v St nab.r Ptiwell. the bill incor-
; tiratin the North Carolina Steel
I xjI Kail Company passed its several
Tr-.:.lin--'.
; Senator Se mour.
by I
tve, in-
tr""liHi d
j ',:, iaws
a hill to repeal enapter
1 m;;-70. 1 lei'erred .
srEriAi. oirnr.n.
71 e bill entitletl '-.vmnesty and
janlia," bein in :- s cond rcad-
." u.iti.r Welch ofTeretl an ameud-nit-Gt
to the amendment, striking
i;t the words "munler and arson."
.ivnutor Welch saitl he never be
I. u.'ihI to any of these organizations
z had condemnel the meml)erst
.f the Ku Klux and their orjraniza
t;.,n as much as nnybotly. lie said
the murder of Stephens was at out
rapti;s, co!d-bhxKletl act, and
thought the murderers should be
'WW A. A
j-uRisiuii. lie reierrei 10 ine mur
d r f Weston and his family, and
taught all acts of cold-blooded
munU-r. raie asul burglary, should
b- iunihcd.
ry u.itor NorwcKxl made a lengthy
swli in favor cf the bill. lie
i dur-clcrized the bill as one of great
, ia!prlancc and magnitude to the
I pi j.Ie of this State, and it was
j simply whether the past was to be
1 buried or the threat that 44 heil waa
tube jriven to Orange," was to le
ar;iicit to other portions of the
uite. lie admitted that the Ku
Klax had committed many crime,
a;.l reviewed the circumstances
I t utLrought about these organ iza
t tiens. lie took up Orange county
and stated under what circumstan
ce certain men were hung and said
the entire l-eople-w ere glad to get
r.ii ui such men.
He took up Caswell county and
id it wits a proud county and in
firmer days was represented by
-uch men as Partlett ancey, Itom
uiud!. Saunders, Bedford lirown,
i Am Kerr, and asked who was put
s;fi ih m in place of those honor
abl men a man that had been con
victed of iK,tty larceny one who
i IM eneouratl the negroes to burn
' 'l.'iii the toUieco barns gf the coun
3 tv -and said that this was jMisitive
J -Hi gave the name of one John I?.
J boi.aitoe, as his author. Alter the
lea:h of Stepliens no more ban.s
'-ere burnt and asked if any society
i t H tolerate such a monster? His
i "1-aih had never been unraveled
J bit it was a clear case of amnesty,
i He said he thought it was pnier
j t form a company of minute men
; for If protection, but was opposed
t) every other organization and
cautioned every mau he saw not to
jin. lie had made every effort in
hi j ower to suppress such other
1 organization, and even went so
far;isti t-all on Gov. Holden and
-uvied to consider the disorder
j vhtch v.w necessarily bound to fol
j 1 'v the war, and said Gov. Holden
i h.m to send him a good Con
j federate soldier and he would give
' Uai a eaptaiu for the purioso ot go-
jnr over the county and suppress-
Inland reielling the ku ktux or
j Saiiiziitions. He said Gov. Holden
, as ia dead earnest and he ap:int
t 1 Dr. Jones said captain out he
1 uM not see how he could carry on
I hs Kirk war after that. Jones did
; great good. General war ami re
: m.tructioa nu-asares was the cause
2f aI these crimes but all was now
kipj-ily over and peace a::d quiet
fias. It would be a great mistake
to refuse to jw.s the bill, as no harm
euid rf)s.-ibly followed by pouring
. 1 on tljc troabled waters.
inator Seymour called the yeas
-l nays on the adoption of Senator
' "elch's amendment. And the
: . meudment w as adopted by u strict
lrty vote yeas 27 nays 1G.
naturGramly ofTeretlan amend
, pj"tt as a substitute for the pream
ble. ; Senator , Grandy . deliverexi a
jgthy seech in opposition to the
ll Said Senators bhould not suf
4Tr pxrty feeling to arise. He
tuouijht the Ku KIux wo a iohti-
cd society fornictl for the purpose
of defeating the reconstruction
laws, and to prohibit a faithful
execution of the laws if they had to
r sort to murder and other crimes
to d it. He was w illing to execute
and exhonorate the ignorant, mis
guided men who had been led into
these societies, but thought the or
ganizers should be punished. 44 Ven
geance belongs to God and lie will
repay."
lie said lie w ould not vote for the
bill even if his amendment was
adopted, and gave his reasons that
the bill was clogged with crimes,
felonies, raj.es, murders, Ac. They
should not be pardoned as long as
the hloxl of Stephens and outlaw
arises from the earth. Who tour
dered them? If they were thieves
as charge I, there was a law to pun
ish them. He would never-give
his vote to pardon the murderers o
Stephens and Outlaw it would not
be doing justice to their families.
All the charges that could be
brought against them would be that
they belonged to the Republican
party. Republicans were denounced
as rascals, lelons, 5cc, oy persons
who stood high in intelligence and
society, for the purpose of beating
them down and defeating the re
construction acts, and now we are
asked to sav not let the law be ex
ecuted. Probably he would sign a
letition for their pardon for being
so ignorant. He had no hesitancy
in asking for the pardon of Shot-
well this was all he could do in
justice to his feelings. He like to
forgive and bo forgiven. When
this bill is passed it will be remem
ocreu as a mil to encourage crime
in North Carolina rather than a bill
to punish crime.
Senator orth gave his reasons
for supporting the bill. He said it
had got to be a, strict party question
'i-i... i... .,i !:.-... . ..-.....,, i. l i,..f
they were verv merciful but showed
their blood and thunder before they
got through with their speeches
He recited an anecdote to illustrate
his ideas. He favored the passage
ol the bill.
Senator Dunham also maue a
leity and able speech in favor ol
the jbill and thought it better for
ninety-' and nine guilty ones to es
capist han for one innocent one to be
punjhed. He could not see where
the passage of the bill could be con
sidered as condoling for murder.
arson and other crimes, as the; other
ide had stated. He advocated the
bill as one of interest to the w hole
State, which would be the best to
grant amnesty or drive 40.000 of
thoVstmen from the State? He
hoped the bill would pass.
Senator Grandy s amendment
fa ileil to pass.
The yeas ami nays were ordered
by Senator Seymour, and tlie bill
passed its. second reading.
Those who voted in thealiirma
tive are:
Yeas Messrs. A vera, Allen,
Rirnhardt, Cunningham, Davis,
Dunham, Ellis of Columbus, Flem
ming, Gudger, Ilorton, I,ovo, Mc
Cauley, . Merrimon, Miller, More
head of Guilford, Morehead of
Rockingham, Murphy, Murray,
Nicholson, Norwood, Powell, Price,
Scott. Todd. Waring, Welch, and
Worth. 27.
Nays Messrs.' Creumer, Kppes,
Grandy, Harris, Hill, Holloman,
Hvmau, Long, Mabson, McCabe,
Mi-Cot t er, 1 tes ess, Sey m ou r,Sm i t h ,
Stilley, and Walker. 10.
The bill was then made a special
order for 11 o'clock to-morrow.
On motion. Senator Powell was
addeJto the committee tn internal
improvements.
The Chair read an invitation to
the Senators to be present to hear a
Temperance oration by Col. J. J.
Hickman, at Metropolitan Hall,
to-night at 7 o'clock.
On motion of Senator Seymour
the Senate adjourned until 11
o'clock to-morrow.
HOUSE OF REPKESKNTATIVES.
T1IIKTY-EIGIITII DAY.
. Monday, Jan. 27, 1S72.
ri LLS.
Itv Mr. Waugh, a bill to enable
the Commissioners of Surry county
to consolidate the debt of that coun
ty and for other purposes.
Uy Mr. Jones, of Caldwell, a bill
to lay ofF ami construct a public
road across Grandmother Gap.
Ry Mr. Shaw, a bill to authorize
the Commissioners of Moore county
to levy a sjn-cial tax.
Ry Mr. Rhodes, a bill to relieve
County Commissioners.
SPIX'IAIj orders.
House resolution instructing Prof.
Kerr. State Geologist, to compile
such State statistics and have them
printed, as will tend to induce im
migration into this State, being
special order, was taken up.
Mr. Marler, author of ihe resolu
tion, advocated its passage.
Mr. Waugh opposed the resolu
tion. ' . .
Mr. McGehec said that the infor
mation sought by the resolution had
been transmitted to the Senate.
The resolution was made special
order for Thursday next at 12 m. .
Senate resolution relative to an
investigation of the affairs of the
Western N. C Railroad was taken
up and adopted.
CALEMIAK.
The following bills passed several
readings:
House bill to allow the owners of
the toll bridge over the Catawba
river to list the bridge for taxes in
Catawba county.
Senate bill to amend an act incor-
Ioratiug the Y umiugtou -uuiuai
Insurance Company.
Senate bill to amend the cnaner
of the town of Mt. Olive, Wayne
county.
v m . A it.
Senate bill to ineorperaie me
town of Farmville, Pi It county.
Senate bill relative to deposi
tions. ...
Senate bill to prevent sale or spir
ituous liquors in town of Sheioy,
was passed over miormauy, xu.r.
Gidney lieinga bsen t. .
Leave ot ansence was grumeu .ui.
Richardson from to-morrow umn
Thursday next.
. Senate hjJJ to anienu uioitenn-
corporatihg tint town of Lxceisior,
Rurke county.' ..
Senate bill to amend chapter ,1 ;$",
laws ISGs-r'tj:), concerningtownships.
A message was received from the
Senate transmitting amendments to
a bill forj relief of sheriffs and tax
co'ectors,' which were concurred in.
House bill to alIov tlie Commis
sioners of Columbus to levy a spe
cial tax. j
House bill to carry into effect tlie
act of lSGK-'Gl), to lay off and estab
lish a turnpike road from Marion io
Ashevillf, was read. This bill pro
vides for li)e payment of warrants
already issued out of the general
fund of th treasury, and pi o, ides
for the payment oat of the simc
fund, the alan'H- of the original
appropriation of $115,000, as made
by the Legislature of 1SGS-G3.J
"Mr. Triyeit made a statement
relative to jthe work lone on the
road; he itiforir.ed the House that
in addition to the amount now due
contractors which i j about J0.0C0,
that $G0,0UQ would We required to
comple te tlie 'road. He strenuously
advocated the passage of the bill,
p upon the gfou'nds that unless this
bil is passed, all the money that has
been expended on the road by the
State. Willi be lost: and that the
road whenj completed will benefit
the whole jstate, by the increastil
value of the property, along the line
of the road.
Mr. Waugh offered an additional
section to extend the road from
Sparta toAVinston via Thompson's
Gap, Dobson, Si loam in Surry to
Ret huh ia in Forsythe, which was
adopted.
Mr. Anderson of Clay, opposed
the bill, because the original act
was passeil by the Legislature of
loS-Gi), and this bill proposes to
recognize the validity of that act.
Mr. Badger udvociju d the passage
of the bill as a matter of justice to
the Western iortion of the State.
The counties through - which this
road passes, 'are rich in soil and
minerals; if we can extend .this
road and ojeii a -market to theo
counties, it will greatly benefit the
State. The increast (t tax -will more
than repay the SUUev
Mr. Jones, of Caldwell, urged . the
passage of the bill.
Mr. McGehee'Oppose"d the parage
of the bill on the ground that the
State is not able to make the ap'pro-
priatioh of i"0,ib0, wliich is a -keel-for.
. r .
Mr. 'Bennett offerecr an amend
ment that the appropriation provi
ded for in the bill, bl levied "and
collected of the comities through
which this road. runs.
Mr. Bowman urged t he pas-age
of the bill as" a matter f-f justice to
the Western portion df the' State,
and. as a matter of dire necessity on
the part of the , people through
whose counties this roa'd passes.
He statttl that hundreds of tons of
freight iiow; find an outlet to the
markets over the Last Tennessee it
Virginia Railroad. When this
road is completed it will bring all
tins ireight over JNorth taroima
Railroads.
The previous question was called
and sustained. The amendment
offered by Mr VVaugh, wasadopied.
The yeas and nays were called on
he amendment offered by Mr.
Bennett: -and the amendment was
o-t yeas :W nays hi.
Mr. MeGehee offered, an amend
ment that the question of appre
ciation be submittc-d to the pto
le. The yeas and navs were ca II-
enl, and the amendnieut was lost
years -lb nays oz.
An amendment ohered by -dr.
Anderson, of; Clay, was b;st.
An amendment offered by Mr.
Bryan, of Alleghany, to appoint
three Commissioners to change a
location of the road one mile and a
half, in Alleghany, was adopted.
Mr. Houston moved to adjourn.
Ruled out of order.
3Ir. Dula offered, an amendment
to construct a branch of the road
froui Sparta to Statesville, which
was lost. . - .
Tlie bill passed third reading
yeas 52 nays 4G.-
Mr. Radger moved to reconsider
the vote whereby the bill passed
third reading aud moved to lay
that motion on the table. The yeas
and nays 'were .called and the mo
tion to lay on the table prevailed
yeas 4G nays 41.
; Adjouruetl. .
SENATE.
Till RT Y-NINTII DAY'.
Tuesday, Jax. 3, 1873.
Senate met at 11 o'clock.
Lieut. Governor in Ihe Chair. "
Prayer by Rev. J. M. Atkinson
of the city.
Journal of yesterday read and ap
proved. Senator Waring rose to.a question
of personal explanation in regard
to the Sentinel newspaper and the
public printing; and denied all
charges which the Sentinel had al
leged to him. ' -S-
MESSAGES FROM HOUSE.
A message was received from the
House transmitting a number of
bills and resolutions which were re
ferred or otherwise disposed of.
On motion of Senator Merrimon,
the House resolution looking to the
impeachment of Judge Henry was
tabled.
REPORTS OF STANDING COMMIT
TEES. -
Reports from standing commit
tees were presented by Senators
Murray, Seymour, Love, Murphy
and Todd.
SPECIAL ORDER.
The hour having arrived for the
consideration, on its third reading,
the bill granting amnesty and par
dan to Ku Klux, &c. It was read.
Senator Respess offered to amend
by inserting the following It "sec
tion one: j !
4Orany and all persons who may
have committed any crime or crimes
against or in violation of the laws
of North Carolina."
He was aware of its immense mag
nitude and importance, and. replied
to the Senator from Orange, and
was surprised 'th it he ''should ren-
f
OeililiVi lK.opc"ui.iiin.uuiiiiu.i- l (if I).lf1 (
and forcible sjieech against the pas- . Vr
- .i ... i . i i - i i:tt !-. -iM
O .... lur!UJ flOl 1 tT"lil nh O
sageoi mis wiuntsuie rnuuim l,lll' L,i,.,,w,
jx cases for the enormous crimes
had been committed by the
Klux
in
Orange
and Caswell
counties. Nobody believed that
t ie bam burnt were done so for po
litical purposes, but from-private
revenge. Did not believe the
Leagues had anything todo with
it. He showed that the Ku Klux
organization was one of political
character, and one which brought
all
the
1KT
these
Siate.
difficulties and evils on
He spoke of the Shoff-
bill, and how he (Shoflner) was
ordered to leave the State, or he
would uea dead mau, c. ; how J.
M. Justice was dragged from his
Led in the mid hour of night.
,Thrse citizens were guilty of no of-
fciu'y stive that of being Republi-1
cans and loyal to their country, lie
adverted to the impeachment ofi
Governor Holden how lie was j
convicted of high crimes and mis- I
demeanors by a strict party vote, I
and exiled from his home. He said !
it win a dangerous policy to avert !
the judgment of mercy murder
shoutd bf punished as murder.
He cMd no- think this bill either
just or riA Id, and therefore he
! u:!'0- U It.
fCHi
ttor Scott then took tlie floor
I to explain his position. The
tion had been pretty well discussed
by both sides, and he was glad it
had been. The hill was not intro:
dueed to be rushed through with
hot hasten, but to be considered in a
calm, cool, dispassionate manner.
The Republicans had proclaimed
their objection to the bill was the
classing the Union Leagues with
the Ku Klux; that was amended
to suit liiem, yeo they would op
posy it. He s-aid the murders com
mitted in his countif s weie believeel
to have been done by tlie Leagues,
and he did not feel so ready to tar
don these murderers, reierring. to
the murderers of the Fescue family
and Nethercutt. He knew posi
tively that there was not a Ku
Klux in the tin. e counties he had
the honor to represent. He favored
ihe parsage ol the bill to-day.
Senator Harris spoke in opposi
tion to the bill, and made a Hat de
nial tiiat the conduct of the colored
people ever justilieel . the formation
of any organization to whip,
sL-oifige, burn school houses, church
es of his race. He ad mi tied that
bad men had taught sonre of them
ad doctrine, but th'at did not justi
fy ciU t of men taking the law
in their own hands. He adverted
to the hanging of Outlaw by the
Ku Klux and said the only charge
again-t him was that he made the
threat to .shool into them if they
ever visited ids house. Whenever
any colored man committed rape or
other crimes the colored people did
not attempt to shield him from the
law and cited the case that happen
ed in Wake county where every
man on the jury was a colored man
and they found 'him guilty in fifteen
minutes nfter-tiiey got the ease. He
referred to the teachings of the two
organizations. The Leagues taught
loyalty and obedience to the gov
ernme'nt and the promotion of edu
cation, religion and elevation of the
down trodden race, while the Ku
Klux or intelligent white men
taught disloyalty, &e., and they
were responsible' for this terrible
state of things.
Senator Sevmoiir said he was
pleased with
the
friendly feel in;
that had been exhibited by the gen
tlemen on the other side, and re
e, re; ted that the harmony was to be
disturbed. He hurled back the in
sults that had been cast upon tho
Union League, and said the respon
sibility rested with the Democratic
party. lie objected to the bill for
some classes mentioned who do
not deserve to be pardoned, and he
believed it would i e impolitic to do
so. He favored amnesty only for
political offences.
Senator Allen again spoke in faver
of tlie hill.
Senator Norwood explained 'why
tlie war was inevitable, and pro
duced all this disturbance, &cv
Senator Ellis of Catawba, said he
could not vote for the bill until
some amendment was made, and
would offer it to-morrow.
The further consideration of the
bill was postponed until 11 o'clock
to-morrow.
The Senate then adjourned until
11 o'clock.
HOUSE OV REPRESENTATIVES.
Till UT Y-N I NTH DAY.
Tuesday, Jan. 23, 1873.
Prayer by Rev. J. 31. Atkinson.
Messrs. Mos, Lindsay, and Hin
uaut were allowed to record their
vote in the ahirmative on the
amendment offered by Mr. .MeGe
hee, to the bill relative to the Ma
rion and Asheville Turnpike, and
in the negative on tho passage of
the bill.
KESOLUTIONS.
By Mr. Turner, a resolution de
nouncing to the Internal Revenue
system of the United States, and
requesting the Representatives
from North Carolina in Congress to
use their influence to have the sys
tem abolished.
Ry Mr. Davis, a resolution in fa
vor of Jessci Waters.
BILLS.
By Mr. Mitchell, a bill to incor
porate Danbury Lodge.
By Mr. Morrison, a biil concern
ing Stanley Creek Camp Ground.
By Mr. Abbott, a bill to com pell
owners of stock to mark- the same.
Bv Mr. Llovd, a bill concerning
inspection of Tar in New Hanover
county.
Jjy Mr. Dickey, a biir ..nry
of chapter 181, laws bs
Bv Mr. Bryson of Japkon, a bill
to amend the act relative to privy
examination of married women.
By 3Ir. Shaw, abill to prohibit
the sale of liquor in Carthage.
By Mr. Dickey, a bill relative to
survey of lands in Graham county.
By Mr. Gray, a bill to prevent
sale of liquor in certain townships
ounty. ' ' .
Dudley, a bill to amend
)f the city of Newbern,
CALENDAR.
House resolution authorizing the
Judiciary Committee to send for
j derext
which
; Ku K
UiUlU.1
persons and papers relative to the
impeachment of Robt. 3l Henry,
was adopted. ' j
House, resolution requesting the
North Carolina Representatives' in
Congress to use their influence to
have the tax on liquor and the
bonds of Distillers and tobacco deal
ers, reduced, was laid on the table.
House biil to protect the agricul
tural interests of the State, was read.
The bill prohibits the buying of
f seed and lint cotton and tpbacco in
the gross, between sunrise and sun
set. Tlie substitute recommended-by
tlie Judiciary Committee Was read.
Mr. Brown, of Davidson, opposed
the whole matter. i
Mr. Gorman advocated! the pas
sage of t-he bill. , j
Mr. Brown, of Davidson, moved
that the whole matter be inderi
nitely postponed.
The previous question was order
ed, and the motion to indefinitely
postpone was lost. Several counties
were exempted from the provisions
of the bill. The bill failed to pass
secorm rv-iaing.
SPECIAL OK DEI!
j.ne hour of the special order
A!
having arrived, House resolution
to relieve W. W. Holden Of disa
bilities imposed by the Court of Im
peachment, was taken upi
Air. Houston moved that the res
olution be indefinitely ijostponed.
Air. uennett tooic thej position
that the Legislature had iuo power
to pass the resolution. Jf it had,
he would most cheerfully vote for
the resolution. j
Mr. Dula referred to the fact that
Mr. Badger had introduced a reso
lution requesting the Congress to
relieve Gov. .Graham and others of
political di abilities ; that he was
delighted to know that sueh reso
lution had been introduced, and
took the position that the Legisla
ture had the power to remove the
disabilities imposed. I
31 r. MeGehee opposed the passage
of the resolution because the Legis
lature has no such power.
Mr. Morrison took thb position
that in justice to the -people of
North Carolina that the resolution
should not he adopted.
Mr. Badger took the position that
the power to relieve the disabilities
or Gov
for red
1 f,.!
den, is. expressly con-
hv the
Constitution of the
St.ite. He denied That Jh-itU't- Sau
ry is standard authority on the
proper interpretation ofj'the IX. S.
Conslitutio:!. Fxcept inj so f r as
the power of -the Legislature is lim
iteel by tirj Constitution, ithe Legis
lature is absolute. The speaker
read from Cooley on Constitutional
Limitations, in support pf the po
sition that it was in thtj power of
the Legislature to pass the resolu
tion, and also the authorities cited
by Cooley. These authorities prove
that the Legislature has! the same
powers as the Parliament of Great
Britain, except in so far as the pow
er of the Legislature is limited by
our written Constitution
There is
no limitation m this
case. This
power has been exerciser
time and
again by the Legislature; since the
formation of the government.. Af
ter the suppression of the Whiskey
Insurrection, the President of the
United States issued hisiproclama
tion pardoning the ofFenqers of that
insurrection, this power lias been
frequently used and uver ques
tioned. It is a cheap way of at
tacking to say that therj is no pre
cedent to support my losftion.
Who knows what the records of the
Pennsylvania Legislature contain?
Who knows that any of the im
peaeh'.d Judges of Pennsylvania
evvor made application to have their
disabilities removed ? 1 j -
Suppose a bill should; be intro
duced into this General j Assembly
to pardon men for alleged crimes
before conviction, whence does the
Lt
e- !-,: ;l )i re OeriVP sue r iwuvpr n.ts
thi
? It is found in -the inherent
power, of this Legislature, and re
mains with it unless forbidden by
our written Constitution.!
The tii reepToposit ions : To call a
Convention : i !
To amend the Constitution by
Legislative enactment : j
To re-call .the Court of. Impeach
ment. ' ; I
These throe propositions are re
diculous. To adopt -an amendment
to the Constitution, that V. W.
Holden be relieved of his disabili
ties, would cut a nicorflgure in the
Constitution ; and further, that Con
ventions are called lor the purpose
of reforming the government, and
not for such purpose as this. When
a Court has adjourned J sine die, it
has no power over the Imatters de
cided by that Court, except by ap
peal, i '
.Messrs. Bennett and MeGehee
com batted thd arguments presented
by Mr. Badger as unsupported by
any precedent in the history of the
Union. , I
Mr. Jones, of Caldwell!, hoped the
resolution wouiei be. postponed to a
day certain in order that ' it might
be ascertained what course the Re
publican members would take in
the bill now before the Senate rela
tive to Amnesty and pardon.
Mr. Badger said that if gentlemen
desire to make up their minds by
the course the Republicans may
take on the Amnesty bill before the
Senate, that under i.obdnsideration
would the Republicans vote for
that bill; that no bargain and sale
could be made on that subject.
' The yeas and nays !were called
and the motion to indefinitely post
pone was carried by the following
vote: . . if , j . :
Yeas Messrs. Anderson of Davie,
Anderson of Clay, Ballard, Bennett,
Black well, Brown of Mecklenburg,
Bryson of Jackson, Bryson of Swain,
Bryan of Sampson, Bryan of Alle
ghany, Dullard, Byi'd, Carter,
Craige, Dickey, Freeman, Gant,
Gilmer, Grady, Gudger, Ilaynes,
Hinnant, Houston, Johnson, Jones
of Caldwell, Joms of Orange, Jones
of Tyrrell, Joyner, Johns, Lindsay,
Luckey, Marler, Maxwell, MeGehee,
McNeill, Mitchell, Moring, Moss,
Morrison, Norment, Iresson, Shaw,
Shjnn of Jredell, Shinh of Cabarrus,
Shackelford, Stanford jiSto we, Todd,
Turner, Wariick, Waddjll, Watson,
f ' i ' .... , .. ...A . . .
Waugh, Webb, Wiley, Whitmire
j' ii. . - .
auci voounou3e. ot.
Nays Messrs. Abbott; Badger,
Bean, BIythe, Rowe, Bowman
Brown of Davidson, Bryant of Pitt
liryan of Wilkes, Brooks, Bunn
Carson, Copeland, Corson, Cox
Harden,' Davis, Dudley, Dula, El
lison, Fletcher, roster, Godfrey,
Gorman, Good wyn, Gray, Guyther,
Hampton, Ileaton, Hughes, "Jones
oi Camden, Jones of .Northampton,
Jordan, King, JLloyd, Lutterloh.
McLaurin, Miller, Michael, Patrick,
Paschall, Perry of Bladen, Perry of
Wake, Reid of .Randolph, Rhodes,
Scott, Sharp,. Irivett, YYinsIow,
heeler, and V hisnant. oli
By Mr. Good wyn, a resolution in
iavor of Mason L. W iggins.
By Mr. McNeill, a bill to prohibit
the sale of liquor within three miles
of Laurel Hill Church, Robeson
county.
SPECIAL. OllDEE.
The school bill was taken up.
A substitute offered by Mr. John
ston was adopted. "
Adjourned.
SENATE.
FORTIETH DAY.
Wednesday, Jan. 21), 1S73.
Senate met at 11 o'clock.
Lieu!. Governor in the chair
Prayer by R
city.
Journal of yt
proved.
ev. Dr. Mason of the
.sterday read aud ap-
UEPOIiTS OF COMMITTEES.
Reports were submitted by Sen
ators Murray, Todd, 'Allen, 'Love,
Welch, Gudger, Fiemming, and
A vera.
PETITIONS, AC.
Senator Long, a memorial from
the citizens of Richmond county
praying the General Assembly to
pass a law declaring the early
meeting of tho Scotch Fair unlaw
ful assemblies. Referred.
The hour having arrived for the
special order, it Mas postponed
until the morning business was
disposed of on motion of Senator
Love.
HILLS INTRODUCED.
Senator Poyell, a bill to incorpo
rate the Haw River and New Hone
Transportation Company. Referred.
Senator Humphrey, a bill to aid
the people of the State in ascertain
ing titles to their lands. Referred.
Senator Gudger, a bill to investi-
rr-i t i-i fl-ii.1 m H'.l i ls2 fO'il-wi W'ticfnrii III-
vision of the W estern IN. C. Rail
road. Passed under a suspension
of the rules and enrolleel and sent
to the House.
Senator Walker, a bill to change
the time of the Superior Court of
the (.)th Judicial District. Referred
Senator Nicholson, a bill to amend
title 14, section 2, chapter 319 of the
Code ot Civil Procedure. Iteferred
Senator Dunham, a bill to amend
the rules of pleading in Justice's
Court. Referred.
' Senator Scott, a bill authorizing
two additional terms of the Superi
or Courts of Granville county. Re
ferred.
Senator Ellis, of Catawba, a bill
to incorporate the Horse Forel Man
ufacturing Company. Referred.
Senator Allen, a bill amending an
act incorporating the Wrightsville
Turnpike Company.
Bv the same,. a resolution for the
relief oi the -Wilmington and Wel
dou Railroad Company. Referred.
Senator McCaule-y, a bill to incor
porate the Mount Prospect Camp
Ground in Union county. Referreel.
Senator McCabe, a bill to change
the time of holding the Superior
Courts in Hyde and Beaufort coun
ties. Referred.
Senator Gudger asked and ob
tained leave of absence for Senator
Respess until Monday on account of
s ckness.
MESSAGE.
A message was received from the
House transmitting a number of
bills and resolutions "which had
passed that body, which were re
ferred or otherwise,disposed of.
SPECIAL ORDER.
The amnesty and pardon bill was
taken up on its third reading, the
question appearing on the amend
ment of Senator Seymour, striking
out loyal Union Leagues, Heroes
of America, Red Strings, fcc, failed
to pass.
Also the amendment of Senator
Respess failed to pass.
Senator Waring then offered an
amendment striking out "bur
glary," and insisted that the bill
would not be perfect without it
was done, and made a long speech
ad vocating the passage of the bill.
Senator Mabson folio weel in a
lengthy speech against the passage
of the act. lie thought the bill hael
been thoroughly discussed by both
sides; but he could not believe that
40,000 of the good people of North
Carolina were guilty of these enor
mous crimes charged to them, if
they were the law should take its
course honest people did not fear
the law for the law protected them.
He thought this Legislature had no
right to pass this bill. He referred
to the crimes and raids of the Ku
Klux in his county, and defended
the colored people from all charges
against them. He was willing to
show mercy to the ignorant ones
that were led into the organizations,
and said with malice towards none
and charity to all, they would boat
them under the 'broad mantle of
justice.
Senator Murphy explained about
some political murders that had
been committed in Sampson coun
ty. Senator Eppes folio wed ij pretty
much the same strain of Mabson.
Senator A vera said he would
make his speech on the bill before
his constituents, and called the pre
vious question, , .
When the amendment of Senator
Ellis, of Catawba,' failed to pass.
The amendment of Senator Smith
providing that the passage of this
bill should be submitted to the peo
ple for their ratification or rejection
failed to pass, by a strict party vote.
The bill then ' passed its third
reading by the following vote :
Yeas -Allen, A vera, Cunnings
ham, Davis, Dunham, Ellis of Co
lumbus, Flemmingl Horton, Mc
Cauley, Merrimon, -Miller, More-
head, Mnrphy, Murray", richolson,
I'oweii. Price, Scott, Stalford, Todd,
Troy, Waring, Welch, W6rth-25.
ays-Cowles, Creamer,! Ellis of
Catawba, Eppes, Grandy, Gudger,
ui ii.-, 4mi,.ij.iji.iiuiii, liuiiqniicy ,
iiyman, ixng, Malison, McCabe,
McCotter, Smith, Stilley. Walker
18. '. '1 . ' :
Senator Waring . moved to recon
sider the vote, and also moved to
lay the motion on the table Adoi-
ieo.
Rules 'suspended on notion of
Senator Powell, and the bill amend
ing the charter of the Capo Fear
Iron & Steel Company passed its
several readings.
On motion of Senator Norwood.
the bill relating to agriculture was
made a special order for VI m. Fri
day. .
Under a suspension of the rules.
the bill repealing chapter GS, public
laws ot isi-7 the deer law ex
cepting certain counties, ws taken
up. - - ;
Senator Love moved to amend by
excepting the counties of Gates,
Jackson ana jnacori. Adopted.
Senator Welch bv excepting Tran
sylvania. Adopted. i
The bill then passed by a vote of
33 to 2. I
On motion of Senator Av
-era the
Seuate adjournenl until
to-morrow. :
11 o'clock
HOUSE OF REPRESENTATIVES.
FORTIETH DAY.
Wednesday, Jan. 20j, 1S73.
Prayer by Rev. Dr. Mason.
31 r. Badger rose to a question of
privileges. At his r "quest; the fol-
owing extract of an editorial ar
ticle of the I2m of yesterday, head
ed 44 Offended Dignity "was read
by the clerk : ' j :
Now, 44 Hear this, all ye people;
give ear, all-(? inhabitants of the
world;" notwithstanding the law is
so plain, and! has been standing on
the statute book since August. 18GS.
this General Assembly ij (which
grows indignant at a bare intima
tion that it is not all-wise and never
errs, with the law staring them in
the face,) instructs tho CI etyc of the
louse wherein the vacancy occur
red, to notify the Governor, and
lere is the notice which the Clerk
forwarded to! the Governor! to wit :
Office Principal Cl,e
IIOCSK OF llKI'UKSKN
llaleiuli, X. ('., Jan.:
K
TATIVK.S,
o, lSo.
Ills Excellency Tod It. Caldwell:
oiu 1 -have the honor to inidrni your
Excellency that the following resolu
tion was adopted yesterday, and order
ed to be iiansiiiilted to you : j
"Resolved, That the Governor lo in
formed that by a vwte of this House,
Mr. Wiiliam i Mabson has been de
clared not entitled to a seat in ha body
as a member, land that a vaeartey there
tore exists in the Representation ironi
Edgecombe county. ;
I havc tlej honor to bo, j
Very Hospectfully,
Your ob't servant,
j S. D. Pool, Clerk.
Whereupojii the Governor for-
warded thej following message to
tiie Speaker jof the House
Executive Department,
' Raleigh, Jf. C, Jan1. 'J"), 1870.
To the 1 tonordble j
tlie. Speaker of the House,
of Representatives :
I have beein notilied to day by tlie
Clerk of your honorable body that a
vacancy exists in tho House ol' Repre
sentatives by "reason of the facf that Mr.
William r. .Mabson from Edgecombe
count is not entitled to thereat which
Ite has been hiJdinjj.as a representative
from said county.
Without i!itk.ndin to give auy offence
to the honorable body over which you
preside,! desire to call their attention
to." chapter 23J acts of 1868, which pre
scribes, the manner in which the Gov
ernor is to ie notincu of vacancies in
the General Assembly, and provides
that it shall be the dutv ol the prosit!
ing officer ol; tho House in which tho
vacancy occurs to notify tho Governor
of the same," jtfcc.
Not having been notilied as the law
directs, I donot feel authorized to issue
a writ lor an election w mi me vacaney,
auu iienue ieci it my uuiy to ljouiy you
OI the laet. j
I have the honor to bo,
Very respectfully, j
j Your ob't servant, '
i i Tod R. Cai.uwell,
i t ' Governor.
This message rcacheil tho House
of Representatives in ifbundant
time to be read before thejadjourn
ment on the 2."th, but it i was not
read., and the presiding officer after
the adjournment, and after the mes
sage haa neen received hy the
House, notified the Governor of tlie
vacancy as the law directs-as he
should have: done in the! first in-
stance and as would not have been
done if the; Governor Jiad not in
iormeu; tne nonoraDie 000. over
which he presided of thei require
ments of the law. j
On whose shoulders will that
Democratic: body . now dry to".vhift
thebiarnerf or course upon, some
heathen Republican. , j
Mr. Badger said on Saturday last,
the Spkraker having business out-
siae the nan, requested . him
(Badger) toi preside in his absence.
That the message referred to by the
Ara, was received while ha. wan in
the chair : and that he aloile was
responsible lor the non-reading of
the Governor's message, j . r.
RESOLUTIONS. I
By Mr. Houston, a resolution in
nehalfjof Jonas Cline, Sheriff of
Catawba.
By Mr. Badger, a
calling; for information
resolution
concerning
the University from the Secretary
and Treasurer of that Institution. ,
By Mr. Wheeler, a resolution re
questing the Judiciary Committee
to report a bill to prevent the cut
ting of timber.
' j .' iv, bills." '
By Mr. Rhodes, a bill to incorpo
rate the Goldsboro Banking and
Loan Association. . ?
. By Mr. Houston, a bill concerning
Catawba river.
By Mr. Wheeler, a bill concern
ing special taxes. '. ' ' .'
Mr., Hanner was announced as
beingsiick.j . ,U; .. .
The rules were suspended and the
resolution introduced this morning
by Mr. Badger relative to the Uni
versity, was taken up and adopted.
The rules were suspended aad
House bill to incorporate- theChapel
Hill iiu.i Manufacturing Railroad
Company passed its several read
ings. j ; -House
bill to tdlow Commission
ers of Wilkes county to levy a spo-
jcial tax passed second reading.
I YcaW. I
UNFINISHED BUSINESS.
House bill to amend tho school
law, ratified 12th February, 1872,
being unfinished business, was taken
up. !.,'..-. "
The amended bill as printed.
which passed, second reading, on
Saturday last "was adopted as sub- .
stitute for the bill reported by tho
Committee on Education. . i
The. bill was read by sections;
various amendments were intro
duced, adopted, and voted down.
Mr. Ellison offered a proviso to
section 21 to compcll parents. and
others who have the control of
children, to 1 send such children to
school, as may be provided by the
State. f
Mr. Radger urged
tho adoption of
the proviso.
Joint Committee
to investigate-
charge's against Patrick McGowan
consist of Senator Nicholson, Rej
resentatives Gorman and Johnston.
The Speaker referred to the ques
tion of privilege of jMr. Radger this 4
;rningt and disclaimed any In-.-
tention of discourtesy toward the
Governor in not, having tho mes
sage oi ills Excellency of tne ii)tn
inst., read ; and said that Mr. Rad- -
ger was in the Chair as temporary
Chairman, and ho held that it was
a communication to tho speaker
and not to the House, and therefore
fore did not havo tho message read.
The Speaker said that he endorsed M
the action taken by Mr. Radger as
temporary Chairman.
Both messages of the Governor of
the 2oth, and another of to-day, re
questing that tho .'message of tho
2oth be, returned to tho Executive
othce, were read.
Adjourned.
Marion
and Asheville Turn
pike. The Era to-day publishes a siieech
of Mr. Trivett, of Ashe, on tho Bill
making appropriation for the com
pletion of theMaricin and Asheville
Turnpike.
The speech carries conviction with
it, antl the absolute necessity for
tho completion of the Road cannot
be met by any opponent to thefap
propriation. j
The State can very well afford to
complete this Turnpike, and reap
her reward from the increased pros
perity of the people of the section
through which it passes, and in tho
taxes from increased valuations of
the lands along its line. Tho Rill
j
having passed thej. House it in to be
hoped the Senate will concur.
An tier-son, of Clay, IJ:idgcr-ctl.
To the question did ho represent
any of the taxpayers of Wako
county, Mr. Badger of tho Houso
replied that he represented one man,
a Wake county Republican, who
paid more taxes tlian tho whole of
Clay. county. Anderson wilted. Ho
is a member of tho. party of all tho ,
44 wealth, inldliyeiiee and virtue of
the State," and his county is t-aid
to pay into the State Treasury the
enormous sum of Seventeen Doilarn.
Farm-Yard Scraps.
Put your jwagonSj 'plowfi, JlC, under
shelter. The damage doiio to them by
exposure cobt's more than a roof. -
A Marengo Illinois dairy man writfH
that '.'soiling his milk for ono cent a
pound last year, his cows netted him"
?00 a head. I ''','
I -'.-Illinois
farmers aro complaining of
the high railroad freights : Asa Kpeel-i
men it is alleged that it takes tbreo to
four bushels of corn to carry 'one 'to
market, and other prices are la propor
tion. The crops, in jspito of their abunr
dance, move slowly, money Is conse
quently scarce and the farmers aro down
hearted and discouraged. ' ' " " : "
It is estimated th.lt tho little' "State of
Delaware has thirty, thousand acres tle.j
voted to peach orchard. ' As thcro are
one hundred trees t!o thd aero, -it will Le
seen that there art) in the State threo
million peach trees.! Tlieao will avoragp
iu a good j season two baskets to each
tree, making fix million baskets of
peaches. j . ' ,..,?,,;
Tho foilowiig is uid to bo a sure test
Of a horse's aj?e : ' After a horso Is nlho
years old, a wrlnfclo comes over tho
eye-lid, at the upper corner of the lower
lid and every year thereafter ho has ono
well defined wrinkle for each year of lib
over nite. If, for instance, a horse has
threo wrinkles, he jiSj tweH ; ,Add tj.e
number of wrinkles 4o nine, and you
will always get his Jgy ,
This, from tho Richmond Journal o
tho Virginia legislature: Ourbutclior
informed us thin ; morning tliat there
was not a Jpouud of mutton on sale In
either of ho markets of the city. Tho
inquiry is thus forced upon usr Hare
the dogs eaten. all tho shee p f Our leg
islators will, with the rest, miss their
chops': to-day, and we tniht tbey will
thus bo moved to dp something for. the
protection pf fcheepfrom the dogs; . (
What Judge WatlH knows of cotton
ploughing; lie says, that as soon, as
the cotton gets large enough to plow, he
runs one' furrow as near tho cotton as
pos:sib5o,-iq each rotv, and only one. 'Re
then makes the 44 chopper" Btand ori th)
side opposite that plowed and chop the
cotton towards him. At this season of
the year," the grass being yoartg and
tender, tne hoe takes as much ot it bp
ou tho sida not plowed, as 011 tho other.
Another advantage is that by this pro;
cess, the cotton does not fall down BO
much, as. when plowed on boU sides,-
Another advautagq is, yoU.tsin ".get
back" for the second plowing' as Sm
again as in theoltl.tvoy of p!4wing bjth
sides.
.
I 5