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tiCBTI CAROLWi"hwrrfni li tatrltfrtoit, nral ni fijAafrtmfttt, the Inad f our lire, tid taint ( ir arfMtfoi.,"
TESSS Two Dollnn IniJnntt.
TMIlll.
VOL. XLIIt.
RALEIGH, WEDNESDAY MORNING, OCTOBEIt 1 3, 1852.
NO. 42.
mm
TiR!!t. If ' etrleUy-to sdveaee, Hp u
) I' " ii! '' 1bi sd IS th
ADVIKTISTNO. 1 Iqaar (1 srst Uiertloo
f 1, M II seats for wk roheeqeenYl wertiea. ; '
LEGISLATIVE PROCEEDING.
Tuet Jay, Oct 8, 1852
I message was received from Ilia Houm of
Cemmous, informing thi Senate ol the organ
isation of thai body, and of ila readiness to
nrvteeed to the dispatch of puplie butincaa.
On motion of Mr Bower, a similar mos
aage, announcing tlx due organization of the
'Senate, rai tent to the House of Common.
Tie following member apieared, were
qualified and took their aeila: Chirlei Mc
Clees, Senator from Washington and Tyrrell;
Got. II. McMillan, from Onflow) James P.
Speight, Lenoir and Greene; Tboa. J. Persoo,
Northampton.
Mr.' Steele presented a resolution, directing
the principal doorkeeper to provide aeaU for
Reporter ia the rear of the Speaker' chair,
which waa adopted.
Mr. Islington preaented a communication
from Win. Hill. Eeq., Secretary of Slate, an
nouncing that Beaton Gale, Esq.. had con
tracted to execute the printing of the preaenl
Legislature whicb waa read and lent to Uie
other House.
On motion of Mr. Broaden, it waa order
ed thai the Kulea of Order for the Senate of
that session be ia force until otherwise or
dered., A menage waa received from Commons
trniDoainr to raise a joint aelect committee of
r -r F . ......
. . - two on the part ot eacn House to wan on
the Gorernoi and inform him of the ' or
ganization of the two Houses, and of their
ruadinea to receive any communication which
he mar think proper to make; which waa a-
(reed to, and Messrs. Brogden and Joyncr
wr appointed ihe Senate brjnclLjBI said
Committee. Mr. Joyner subsequently report
ed that the committee had discharged the duty
assigned them, and that they were instruct
ed to say the Governor would make a com
munication to llie Legislature to-day at IS
o'clock. ' -;
. V ' CONTXSTXD BLBCTiON.
" The Senate proceeded to Ihe consideration
of the unfinished business of " ) esterday lb
question being on the amendment ol the sen
ator (rum lluncombe to the reiolulion of the
Senator from Lincoln in regard to the appli
cant for the (eat a Senator from Currituck
and Camden.
.Mr. Jones, from Perquimsn and Paaquo
tank submitted the following preamble and re-'
- vliftionvaa ubeitute for the resolution of Mr.
Woodfin; upon which the latter withdrew hi
lid accepted the said subsiituto, to wit
Where, the Sheriff of CassaWjCoo'ttj hath eer
tited la the Senate that John Barnard, oa tha Mh
f Augnst last, was duljr tltetad ' a Member of the
Move from the xa t)uloril District, eomiosed
of tha counties et Caaden and t'urritaclu
Khinu. the8herif ef Currituck county, who
wa alive ea the dav tha election, waa held, bat died
fmJhejU-MiJ'r-l 4e-HiTinrfflsT
vkereupoa the sorener at said Currituck loamy
hath eertlfted that H. M. Shaw ia eleeied S.aator
In mid District:
Whcrtae, the eertileate of said fioroDer, if erf-
miniiM at lt, eta (a it is tiiitnt)"B justined
Uking from said tWrnard one vcte received by bin
n Csmdea County, because on the certified return
froateur precinct, the vetee counted and numbered
jc mors thaa the Vetera e,t the same district listed
by the Clerk, and by (Whig few totu the asid Shew
ia Carrrituck County, because two votee were found
ia the Governor's box at a precinct, wituont count
nf Mid two folei the number of vttn liittd and the
umber of votes counted out. were the same:
. 1 And Whereas, neither applicant has its behalf
the evidence required by lew, before uning a seat
m represent the freedom ef North Caroline ia this
fcody; and to enable Ik aaate t da justice to
both. iunliMnn Is neeesury: ,
Rfoltei. TLat it he referred to a aelect committee
, f seven, whose duty it shsll be to report the facta
af this case at the very earliest day convenient.
Mr. Jonc said he proposed to make a few
temarks ni the subject. . Coming he did
Tram that eertion ol country, he waa more la
tailiar with the beta than any oilier gende-
. , tiian, perhape, on the floor ol the senate and
T y tie waa unwilling thai that body ahould vote
. without a knowledge of the ame. He pro-
. ceaded, however, first to comment on Hie evi
tience of their claim to the aeat; presented by
the two claimant They came with perhap
oqual evidwe, tho' he contended that that
aubmitted by Mr. Barnard waa entitled to Ihe
igrealer weight. The law, he eaid, required
that the certificate of the Sheriffs or other re
turning ufficere, ahould be giveo under their
' Aanifi and itali. ' Did Or. 8hw, he asked,
present any aueh certificate f . He did not.
, Ha had preaented the certificate of the Coron-
j er, withoat even hi tea; where Mr.
. Barnard had preaented tli eertifieat of 'he
Sheriff, aeltiag forth In election, with Ital
tindttt form i whicb was prima fm.it vi
denee of hia title.
In mrard to die facta, Mr. Jonh eid some
of the were atated in hi reanlnlion. It
waa tlien la led that Ihe Sheriff of Currituck
I Was living on the dav of election. It had been
aid he was dead before the election. He
. waen.it; he wa living, and an investigation
Would aliow that be waa, and voled on a aick
. 'bed, by proxy, for Dr. Shaw. Another fact
how that the certificate of one precinct in
., vamden wa auerrtl aJltt it waa aiened by
. lha poll-holders, without their knowledge or
consent, and one vole given to Mr. Barnard
. airicken nut, before the poll of- the Dittrict
, were compared. H , had ascertained these
, were facte; and they ought to go to a commit-
. lee. . At UH nrecinet 79 Vote were counted
in Ihe boi, and the name of onlv 78 votm
- ' were registered on the poll book eliowing
the omission of one name by the elerttj but
the poll-keeper, beliereine the 70 vniee had
been bonajide cast, gave their certificate for
mat number, of which Barnard received 62
and Shaw 17. Mr, Cherry, the Inspector,
Without authority from the Iw , poll-keeper.
"u ma pen mrougti tne g in lha number gi
cn to Harnard, and reduced it to a 1. Doe
. not the Senate desire to invettigaie thi mat
ter I Uuchl titer not to ilo it f- Tli.t ..n,f.
ieale resioretl to it original pnritr, would pro-
IV V"' "bib"ff niade known to Uie
. Sheriff of Camden, he proposed to the Coro
ner to proceed to ballot a the statute directs.
wmcn ue declined. .Would not the "Senate,
-r" --waining tftese racta, pmnnnnee it a
in if- But the were only aoma of the facts
m which a committee would elucidate. There
were other material in the eaae. It would
- . rrrtained that i one precinct Currituck
Sheriff were two vote given for 8haw in aud
counted in ihe Governor1 box. which were two
ote mora than die list of voter showed hid
been given. One vote waa put in. that box,
and th mistake discovered at tha time, and
it wa agreed In. count it, Well, let that be
counted ; but ihe Senate ahould have theae
fact before them 5 aud they could not get
them in evidence, eieept through a commit
tee; and how could any Senator refuse a com
mittee in auch a case T .
Mr. Jones next proceeded to remark on the
resolution of the Senator from' Lincoln, (Mr.
Hoke.) That resolution declared, from the
evidence, that Dr. Shaw waa duly elected..
What, he asked, was thi evidence t Why,
imply the Corner' cerlifirite, without the
seal required by law, and founded upon a vi
olated poll. Wa that auch evidence a should
aatisfy the Senate I Rut the Sheriff certifi
es to John Barnard' election, under seal.
Why doe he to certify T Because he de
manded of the Coroner of Currituck to show
the returns, which he refused, except from
the polls compared, that Barnard wa elected.
Thi refusal, he contended, wa illegal, and
read from the Senate to show that the
Sheriffs or other returning office shall'
meet to compare polli ; that a certifi
cate ahall be affiled to the poll ; and that
the poll so certified (hall be examined and
compared by the Sheriff's of the dittrict.
Section 0th, said Mr. Jones, requires that in
districts Composed of more Counties than
one, the poll-books of each county shall be
made nut, and accompanied by the certificates
of Ihe inspectors, shall be produced before the
district Sherius, that they, int judgei, may
then determine who of the candidates are e
lecled. The Sheriff of Camden, under oath.
certifies that he demanded these books, and
was refused. Now could the Senile he pre
pared to say thatShj w was entitled to his aeat.
when this was relused I 1 he isherin ol l am
den did exhibit his books, and eertifiea to Mr'
Barnard' election. Doe Mr Shaw present
as good a title to the seat aa Mr. Barnard ?
But he admitted .villi the evidence now be
fore the Senate, they could not be prepared
to say whictf wa entitled wa aeat. '
The Senate had been in the habit of :dmit
ting applicants to a aeat with a certificate ;
but it waa when there was no controversy
In ibis case there wa controversy. It was
without precedent on that floor ; and he had
hoped, on account of its novelty, and for fear
ol injustice, without investigation, il would be
referred to a committee to ascertain and re'
port tha facta." Dr. Shaw, It eaid, eiuihiwd
the certificate only of the Coroner, the Sheriff
being dead ; but thi wa without seal
and the Sheriff; withaul seal, would
be illegal. Would the Senate undertake to
ride over ihe law f He then appealed to
the Senate, if in a case of uch difficulty, they
would not reler it to a eommitiee, to report
upon it, and sav which ahall be entitled to
eat or if the gentlemen
ihe friends of Dr. Shaw
and Hoke, laid it was not pretended by him
thai there wa evidence btfore Ihe Scnatt
that there were illegal rote, or that the Sher
iff wa dead or living on th day of election;
but he aaked if lha Senate were willing to
decide on this question without investigation'
If renllemen on the other side were determine
ed to act upou Ihe bare face of the certificate
(which he acknowledged was the only legal
evidence,) without relerring il to a committee,
il would be evidence lhat they are unwilling
to bring the facta to light. Admitting that
both certificates are of equal weight, (whicll
he did not admit,) then the Senate ahould in
vestigate. It waa coutended'lhat the Sheriff
had not a right to demand the book, when
an alteration had been made In a certificate by
an unauthorized person. II asked if this
alletion had been made if it ought not to
investigated T If the record dues not apeak
the truth injudicial proceedings, lie aaked il
il was not the practice Ui order tliein
to be emended f If the record of the
proceeding of thi body to-morrow should be
found not to speak the tiuth, would they not
be ordered to be amended ! So it was their
duty to make all theit records apeak the truili.
I heuentleman Irom Kulnerlonl (.vlr. Ity-
num) had ealled the attention of Uie Senate
to the fact, that the books show that at une
precinct there was one more vole given than
was recorded ; and thai an unauthorized id
le ration wa made in ihe vols after the poll
had been certified. Should this be passed
over m silence I lie remauideu .Mr. lloke
lhat the law required the names to be recor
ded and certified to, which constituted the polls
Cherry altered the eerlifieate, he did it with
out their knowledge or consent and further
say, that they are convinced in their own
mimJs lhat Mr. Barnard ia entitled to the 63
votef which wa first act forth in the eertifi
eat jdrawn up by Mr. Cherry and signed by
jhe'iri the erening th poll were closed.
Sworn to before a justice of the Peace
The Senate then, on motion, adjourned un
til to-uiorrow morning 10 o'clock.
HOUSE OF COMMONS.
; TvrsAr, Oct. 5ih, 185. !
The Speaker took his aeat at 10 o'clock,
and called the houte to order. The Jour
nals of Monday were read and approved.
On motion of Mr. SnruiU, Messrs, J, I..
Jones of Tyrrell, and J. B. Bvnnni and U.
p. Lock hart, of Northampton, were qualified
anil took their seats.
The Speaker then announced lhat the busi
ness in order was the motion of Mr. Avery
of Burke, to lay upon the table Ihe Resolu
tion of Mr. Caldwell, of Guilford, to have
baize curtains placed at the upper windows of
the Commoos hall.
Mr. Avery withdrew hi motion ; and the
question recurring on ita adoption,
Mr. Wilder, of Wake, said he was oppos
ed to tho resolution, unless it was understood
to be a temporary arrangement. He desired
something more suitable than baize and more
durable.
Mr. Caldwell hoped it would only be a
temporary arrangement, but .eircuinslancee
would admit ol delay. Th Houac at the last
session had adopted a resolution to hae both
. JL.I ni IT , ,, SI"1
" , ' , '. , " halls suitably lurunhed, mid the Senate re-
II n a.tereu reiurn i.au ore,, .ancuo.ieo ,( conem Hc fearc() , proJloj,i(,n fl
me oioiie , .. .. uouj ... .... i . , now wouu lnect with a simil
correct lit He asked gentlemen, il they were
unwilling these facts should begone into !
If so, he had nothing more to say
Mr. Caldwell rejoined, contending that the
Sheriffs wereonly ministerial officers; and all
they could do wa to count the vote and
pFtwiaiHi who wa eleeied. . What I Sheriffs
purge ihs polls I No, they gin only count,
add. Up, and certify to Ihe result, lie con
tended, also, lhat the want of the seal did not
invalidate Ihe certificate ; and a member
might be admitted to a seat even without a
certificate. If the Governor refused to give a
certificate to a member of Congress, it could
not prevent him from hiking his seat,
. JI r. Lillingioii followed, ... He did. not know
that he could throw any light on the suhjrCi ;
and would not lay any tiling but for a remark
of the Henalor from Lincoln, that nothing
could be gained by referring Ihn matter to a
committee. If he meant to lay that Senator
were now a well prepared to act aa they
would b after more liglil sncli a might he
thrown on the subject hv lb Senator from
on ill oiher "iile, Pasquotank and Perquimone, or the Henalor
chose, they ciMild ! Jr,n Mecklenburg he denied the position.
aehlit back to T ihe" people" to decide? He"tTIe Senate Twa not "pnfared to da i justice"
would pledge the acquieaence of the friend of
Mr. Barnard. Pio notice or intention to con
test having been given by either party, if the
reaoluiion of theSenatorl'rom Lincoln waa a
dopted,theMirU invesiigation would lie sliui,
to the claimants and their com ituenu. If
justice be the object, then investigation by a
and then" wouliTfie So opportunity to contest
the seat. It would be fair to both sides to
give it to a eommitiee.
Afier Mr. Jones had taken hi seat, the
Speaker announced a message from the com
mons, transmitting a message from the Govei-
nor, willi a proposition that the message of
the governor be printed, five copies for cash
number. The menage was read, ("staling
the reasons for the caH of the extra Session)
and the proposition of the House agreed
to.
The question then recurring on the resolu
lion of M r. Jones,
Mr. Caldwell railed for the reading of the
paper connected with the matter; which wa
ordered.
Mr. Bynum called the allenUon of the Sen
ate to the affidavit of poll-keepers at Canal
Bridge precinct, Mating lhat the list of voters
showed one vote less than was counted from
the box, and that their eertificatehad been al
lered without their authority.
Mr. Caldwell (poke at some length. lit
commented upon the facta atated by the Sen
ator from Perquimans, (Mr. Jones,) said they
were not stated in the certificate, were ex
narfevidence, and not to be received. The
Coroner s certificate was evidence of the
death of lha Sheriff Could il be shown that
he wa not dead? Thai certificate was the only
videnee on which Ihe Senate eould act.
here was nothing here to show that there
were illegal votes. The Senator, from Per
quimans had contended thai this wis a ease
of contested election ; and lie had ahowu lhat
there' wis no notice given. Could - il be got
ten before a tommiuee without this notice t
But'he presumed every Senator was cap
bie of deciding a a eommiltee. All that they
asked wss the certificate t and the Sheriff of
Camden, by his own eerlifieate, showed that
the poll-books wa compared. A'oic il wa
rumored abroad that there wa foul play in
the election, and reported fact had been col
lected and brought up here. " Shall they be
put in the scale against the certificates I and
shall we resort In simh special pleading, in re
gard to these eerti (Scales, as lhal employed on
tile other side ot ine House l ne snerin
of Camden had very cautiously drawn his
certificate. He took counsel no doubt. He
stated facia said the book were not produe
ed : but did h say I hen and then I I hi
certificate, however, he contended, amounted
to nothing l that of the Coroner of Curri
tuck was th proper evidence and it appear
ed from thai, lhal IH Hhaw wis entitled to
his seat . .. . " - - - ;
Mr. Bvnum ealled for Ihe readihg of the
signature' of the returning officer from Curri
tuck t and asked il- il was under seal to
which th Clerk responded, no., , K
Mr. Hoke Hid they jinod Ihete to revise
the act of ihe sheriffs. That wa all they
could do. The only power they had wa to
overlook their cl. and that was a lar a
lliey could go. There wa a certificate whicb
state lhat Dr 8haw wa elected by one vote;
they could not go behind that a committee
eould not. go rarther. -The only thing
Ihev eould do would be probably a delay Ihe
matter one or two month. In regard to what
had been said relative to comparing the poll.
he eonii.nded that the acts of aawmbly simply
require tha Shoriff to compare the ote,
when they meet. The Sheriff of Camden
had no right to demand" the poll bdhki. ""All
lhal every Drain man can desire i to ret at
the justice of the rase : and the eerlifieate of
the Vomner enshied them to do litis. - l ow
ing eould be gained by i prolongation 'of fte
raatler. ' '
Mr. Jones, in retdv to Messrs. Oaldwell
committee is necessary. But if the gentleman , ,iue, to ukeinto eonsideratioq ihe
""" - -.....-, , auhj,.(H ol fumishing each House to as to pro
ton one without regard. to foci, thai this is ;.!. r. h. .n.,.r,.ri u,.d e.,, nienne .,f ih.
lorrgone conclusion, men let me penpie ot
a similar
any time,
in having
' this purpose now,
fate. He was ready However al
heartily t cn-operaie with 'others
the' I louse furnished in a becoming style.
On motion of Mr. Cherry, of Bertie, the
resolution was amended to as to specify lhat
the baize curtain were only intended for the
tcifipor.iry use of Ihe trouse' whereupon
the rulea were su penueu, and It . passed its
three readings.
On motion .of Mr. Cherry, a Meage was
sent to Senate to inlorm that body that the
House was organized snd ready to proceed
with businefS.
Mr. John 11. Wheeler introduced a resolu
tion to adopt ibe rules of order of the hist
Session for the tempfirary" government of the
House, and lo appoint a eommitiee of five
to report rule for ihe permaneut government
of Ihe House, also oni lo send a mean-age to
the Senate proposing to raise a aelect commit
tee to prep i re rules to govern the intercourse
of th-! two bodies ; both of which were tdojit
ed. Mesr. Wheeler, Puryear, Cherry, Dobbin
and trench, were appointed the committee to
propace oilesof .ordcr...;
Mr. b. 1'. Hill, ol uasweii, introduced a
Resolution to send aanessage to the Senate pro
posing to raise joint com mi lice select ol two
North Carolinaknow it: the sooner the bet
ter. He hoped, however, it would not be
itiaile a party contest. Il wus a mailer of
great importance, involving the purity of the
elective franchise and Ihe rights ol the peo
ple. He wa tmck wuh the ingenuity ol
the Senator from Mecklenburg (Mr. Caldwell.)
lie l.mk the ground that we eould not go be
yond the record, and contended that these corli
cates were the record. Mr. Lillington contend
edt hat there was no judicial officer in the State
who would not pronounce the certificates ut
terly deficient. He asked the gentleman from
Mecklenburg if the U does not require the
seal I fins waa omilted. . 1 he Henalor from
Lincoln, (Mr. Hoke) had said, all the S her
ns had lo do, was, to compare the poll, die
How could they do thi without Ihe poll
hooks T the Senatni from Perqmman (Mr.
Jones) had atated fact lhal ought to be in
vestigated. 1 here was one fact tn the cer
tificate which needed investigation of itself
tint there wa one vole mote given at one
precinct than was registered. tie appealed
to Ihe Senate lo divest themselves of all im
proper feelings, far a poor human nature
would allow, and grant an impartial invesu-
gallon, which will give satisfaction lo all par
ties. 1 his il a purely judicial question, and
should be so treated. If this was not grant
ed, then he would say, but not in the language
of menace, lhat th only resort lhat will he
left, will be an appeal to the great body of the
people.
Mr. Hoke said Mr. Lillington had laken
occasion to manufacture some indignation up
on a remark of hie. that nothing r.ou'd be
gained by a eommiltee. All he meant by
that was thai after all, a committee Could on
lv act upon the certificates. The Senator from
Kowan snd Davie -seemed to nave mad up
his mind in favor of Mr. Barnard. He could
not ses what an investigation eould do. In
regard to the one vote Dr. Sheer might have
been cheated out of it, or Mr. Barnard. . We
eould not ascertain which. The Senate must
decide upon th eerlifieate , the ease must
be decided by the record, and they were the
only judges,
Air. Lillington said th senator Irom Lin
coln wa mistaken in supposing he had made
up hi mind : and proceeded to remark that
the Senala from Mecklenburg wa unlortu
nate in alluding lo member of Congress hav
ing the right to take their seat without the
certificate of the Governor, and cited a ease
or two (bowing the cun'mry. . , ,
Mr. J one oflered paper for the inlorma-
lion of the Senate. . . ' " , , ;
Mr. Hoke objected to il being read. -The
quealion on the reading wa decided
in the affirmative. - The laid paper wa then
read. It wu th certificate of Henry Cham
berlain, 4c, ' - :'''' t ',;:" ! :
rCerliliicate o( Henry Chamberlain and
Eluali Barnham, poll-keeper at Canal-
Bridge, Uamden earuiying .mat iney arpi
..... kii. tit.,' u rk..,tf i imiiim.
tor and did equal justice to both candidates ;
lhat when he counted out the vole, he count
ed out 79 from the box which, gave Dr. Shaw
17. and Mr. Barnard 64 f but they had record
ed on tlie poll books only 78 vole, making
a difference of one more in tne box man re
corded in the polls thai shey believe the,
mistake wa caused by Uie crowd oi people
looking vr the poll during- toe day , mat
ihey mud have omitted to record one of the
roteri; lhat the certified to tne eemnrai,
which contained ihe A3 .Sole for Mr. Bar
ffxTd;! th ITMoy "lrv Sha w-2 did
hecauee they believed Mr. Cherry e ecrtill
cate was eoireetf ihey also alala lhat if Mr,
member rhoreof t-wliwj -was aduplad. ,
A meisage wa received from the Senate,
informing the House of ita organization and
readme to proceed with husiites.
. , . . r , . .v v m. ...... r t.- l
on iiioouii u. 41,. ... .v. iMa.i.u 1.1 e i.iiK-
in, it wa Kesoiveti mai a message ne seni
I Ihe Senate, proposing to raise a joint com
mittee of two. on the part of eseh House, to
wait on the Governor and inform him of
their readiness to receive an) communication
from him.
Messrs. W. K. Martin and S. F, Philips
were appointed the eommitiee on the part of
the House lor tins purpose.
A message was reeived from the Senate,
transmitting a communication from Ihe Secre
tary of State, informing the LegiaUiure
lhat Sealon Gales, Esq. had taken the con
tract for the printing of the two Homes.
Also a message concurring in the proposition
lo appoint a committee lo wait upon the Gov-e.-nor.
.
Mr. Wheeler moved that a message he sent
to the Senate proposing to go into the election
of an Engrossing Clerk to-morrow at 13
o'clock. ,
A fier a brief discussion in which Messrs
Wilder, Miller, Avery snd Puryear particiua
led.-on motion of Mr. "Avery the resolution
wa laid upon the table.
A message was received Irom bis r xcellen
cy, Hand 8. Itcicli stating ine onjecis lor
which the Legislature was called together at
thi tune, and making suggestions in reference
to the propriety of repealing ihe law fixing
the time for Ihe commencement ol the regu
lar Session, snd of going into the business
of the tegular Session. The message will
be found in mother eolumn.J
Th Meuage of the Governor having been
read, on motion of M r. Dobbin, a message
wa sent to the Senate, transmitting the com-
oiunicaiion of the Governor, with a proposi
tion to print fiv topic of the message wuh
the accompanying documents, for the use of
each member.
Mr. Dobbin slated that he auppnaed lhat il
would not b possible to refer the subjects
preaented in Ihe Governor' Message until it
wa printed, and as (here 'did uot rem to be
any other business to be taken up. he would
move that the House adjourn until to-morrow
morning 10 o clocks' which was agreed to,
So the House adjourned,
-if :,: SENATE. - , '
i' s . , i Wednesday, OcU 6, 1852,
Meiisges wer received from th House ol
Common, sod concurred inrproposing to raise
the following mini select commuters :
- commutes of two on the part' of each
House to ftke into consideration the lurnish
ing eacn House in a manner suitable to the
somfofi and convenience of th members.
Messrs. Bunting and Lillington were appointed
the committee on the part of the Senate.
The House committee are Messr. S. 1. Hill
and Cherv. ' . ' ' .
A committee pi lire on me part 01 tne 1 louse
and three on the part of the Ssnate, to pro-
pare Joint Kules of Urder lor lue goveni.iient
of the two nouses. Messrs. uower, 1 11 "in
son and Brogden were appointed the Senate
branch of thi committee. Messrs. vv noeier.
rV alters, Avery, Wynne and Adam form said
committee on the part ol the common.
A committee of five on the part of Ihe Sen-
af and nine 00 the part of ihe Cominoua,
bike into consideration that part of the govern-
Legislature. ' Messrs. Caldwell, T. F.Jones,
Hargrsve, Drake and Albritton were appoint
ed on said committee on th part of the Sen
ate. ' The House Committee are Messr.
Leach, Carmichael, Love, Black,'' Strange,
Amis, WilderAlbcrttion snd Stubbs. ?
A committee on so much of ihe Governor's
menage a relates to Ihe Electoral Districts
Messrs.' Hoke, Kelly, Thomas, Boyd and
Woodfin, were appointed ihe Senate's branch
of aid eommitiee. House Committee. Messrs.
Dobbin, Fagg, Dohson, Lander,- Wiley, J.
Turner Cherry, Dortch, and W. II. Sanders.
The message of the House, proposing.lo
go into au election for Engrossing Cljrk, was
laid on the table. , ;:
Mr. Watson introduced aresolulioii, providing
lhal when Ihe Senate is adjourned, it shall be
to 10 o'clock, until otherwise ordered) which,
on motion of Mr. Bynum, was laid upon the
table. . 1 , ;" '
CONTESTED KLECTION.
The unfinished bnsineae of yesterday , was
taken up for ronsiduratioa the queation
pending being the resolution of Mr. Jones,
providing for an investigation by a eommiltee.
offered aa an amendment tn the resolution of
Mr. Ho e, dccl.inng Mr. Shaw emitted In hia
seat as 8ciiai.tr from Camden and Currituck.
Mr. joncs asked leave to present a paper
giving information to ihe Senate touching the
subject mailer under consideration.
Mr. Hoke objected to the reception, and
raised a point of order.
Tha Speaker decided that it wasa case
mat did not come uuuer wnat was ircinm-aiij
a rule of ordrr. Il proposed to give inform
lion to Ihe Senate, and it wa with them 10 de
cide whether il should be received or not.
Thequeiion was then taken on t ie recep
tion, and earned; and the said paper was
read.
. It was the affidavit of Archibald Cherry,
the Inspector of the polls-al Canal Bridge pre
eiucl in Camden county, leetifying lo the facts
stated in the certificate of the poll-holder al
snii! precinct, mid slating that he did take the
rCspnnsibiiivy, without authority from the poll
holders, after (heir certificate had been made
out and signed, lo make an alteration in the
statement of the polls, by changing the figure
two into ont. .
Mr. Caldwell moved thai il be laid upon
the table. '
The president. The paper will, a 1 mat
lr ofenuesfs go to th table williuuL tnaiiim.
, Mr, Bynum then proceeded to iddreaa tne
Chair upor. the subject before the Senate, hav
ing obtained ihe floor for lhat purpose previous
to the adjournment yesterday. ,
The proposition now before the Senate,
said Mr 11., is two fold or rather there are
twwi diiiinet prnpoaWon. The proposition on
the pari of the friends of Mr Barnard, is thai
the whole matter be referred to a eommiltee lo
investigate and report the facta to the Senate, in
orderi hat wefnay cliijmnthIUlijec
the lights thatraiibe afforded. The propoaition
on the pari of tli friend of Mr. ShaW, a
embodied in the resolution introduced by the
Senator from Lincoln, i thai Irom the certifi
cates preaented here on the part of Mr.
Shaw, he is entitled to hi seal. These ar
avows difriiiffrprofositlrmr which are before-
Ui senate. , ... - t
Now, sir, I propose to show to th Senate
thai there is no evidence before them, acting in
the capacity they do, acting, I say, in the ca
pacity of judge in this matter, Which wiN juati-
i " : J-!:-: . .U.
iy mem in pronouncing a uccisiob ne wi wow
entitled to the seal senator eirci iron
the 2ml district. And, sir, if any ona will
take th pain tn examine the act of the " As
sembly which has telereuce to tins point, n
can have no doubl whatever in regard to it.
Sir, there are two sorts of Senatorial Dis
tricts in Ihe State. There are Senatorial Dis
tricts consisting of one county each. 'And
there are Senatorial District consisting ot
more than one county and the law is clear
anil specific in proscribing whst - course shall
bo pursued in those con titles where more than
one county compose Senatorial District.--
Mr. Bynum here read Irom tn Biaiuics.j
Here, he eonlinued, ! a law which expressly
provides that the Sheriff or other reluming
officer of the several eouutie composing the
Senatorial District shall assemble and examine
nd eomnarerlhe votes given lit th diflerenl
counties ; and lhat they hn men give a eer
lifieate under their hand and seal. Now, I
contend lhat no mail can come here and pro
perly claim a seat a a Senator, unless he
produces evidence of the ftct thai both Sher
iffs assembled and distinctly conferred logeth-
I. - - ..I ,.ni..l 'I'k. mM ,n w i,tn.
ui mm .u niiu u- .iv., ...... .. .. . 1 ..........
that ihey ahall meet together, slid lftC"Ttiey
ahall both examine Uie polls and compare
lliein. .
The Senator from Lincoln, yesterday, made
a remark 40 which 1 dra're lo call the special
attention of the Senate. I think he laid down
exactly the true doctrine. ' I think this poai.
lion ia exactly tnai wmcn ougnt 10 govern
Ihe Senate in their action in tin rase. 1 ne
position is this :. thai when there is an infor
mality existing in Ih certificates, or what are
assumed 10 be certificate, which are exhibited
her, we Senator ought to do, what II wa
the duty of the Sheriff to have dime, at Ihe
lime prescribed hy law, anu wnat iney imiui
led lo do. That i exactly the true position.
But I wish ihe Senate tn bear in mind lhat if
w srs to do what th Sheriffs neglected and
failed to do, we must have before us the same
state of fact that th Sheriff had and lhat
is all that i prmrd on this side of the
House. All that w claim, all that we de
sire, is simply lhat this matter ahall be placed
in inch" a position that we, Senators, can
know the true facts which exist, '
Now, sir, looking at lh act, of the . assem
bly, it must Im clear to every man here-firo.
em, lhat neither of the gen'lBir.en who claim
lb seal in tins case has such evidence s tne
law require, that he i eleeied. The evidence
which is prescribed Oy Ihe Matin is not pro
duced bv either. The evidence which i re-
ouired bv the set of the Assembly is that tbey
shall produe certificates tiudur th haudr and
seals of llie Sheriffs or oilier reluming officer!
of th eoutilie of wlilea the Senatorial Dis
trict l composed, that Ihey are duly ducted.
Neither of the gentlemen in thi case has pro
duced or' offcied to produce any thing of the
kind. It is aaid that wa must he governed
by Ih testimony w have I thai we mut not
so bevond ihe' record. Well, what i the re
cord; I there any ihingin the law which make
thefpaper that have been offered id this case a
record; Is thcr any thing ill law Which u
thorixe the Senate to receive die statement
coHiaintd in these paper as evidence f la
vidua) who choose local! himself a returning
OfflctrX , t ; y . "
Mr. Bynum commented at eorsiderible
length on th character of the certificate pro
duced on the part of Mr. Shaw, pointing out
it want ol legality, and intimating that there
seemed a deliberate design on the part nf the
person certifying to omit the legal requisites
because he feired the penalties whicll the law
impose for Ihe making of a false return.' -'
And, continued Mr. 11. , we, a Senator, a
persons, Who are acting in thi matter in the
capacity of Judges, are railed upon no belter
vt 'ence lhan a paper,' which appear under
such suspicious circumstances a paper which
has not one solitary requisite which the law
requires, to vote that Mr. Shaw is entitled to
the seat. Sir,l think it is requiring innaj than
was ever required of a deliberative body be
fore, j '. ,, : .r;
So far a thi matter is concerned, I am per
fectly willing to vote upon it, when the facta
are brought properly before the SSenate, but
uot Until then. II Dr. Shaw has been, as is
ascertained by the Senator front MeekhmbMrg
nd the Senator from Lincoln, unquestionably
elected, if he ha received1 a majority of the
vote of Ihe District, which h come hero to
represent, why relnse the investigation t In
question nf this kind, the ohjori of ihe Sen
ate aught to be Jo ascertain what the fact are
before they proceed to act, and hcertainly
think it woqld be a matter of deep- reproach
to the senate of North Carolina, ahould they
refuse to investigate the facta, and by a tech
nical act, adopt a certain course of proceeding
for the express purpose ol preventing me elic
iting of the truth. '. :" '-
Mr. Bynum continued, aiid in llie course ol
his remarks noticed many otherpoints. lie
adrerte lo the fact that there was a diserepan
cy between the ntimher of votes recorded and
the number of ballots when counted. lie
contended that they had no evidence before
diem upon which "they were authorised 10 act
Forone he declared that nothing should induce
him to vote that either nf ihe claimants wa
Willed to tyeiC'AirjfiarrnP desired was,
that the muter should be reported Upon hy a
Committee, so that the Senate might act uri
dcrstantliiigly. He did not drain that il should
he made a party matter. He was influenced
in the the course which he pursued by no de
sire lo promote the interests of his party, lie
was acting simply as a Senator of North Car
olina, and in that capacity wa ..rfanired to
judge of the qualifications of persons who
claimed to be entitled lo seat in that body.
I hi he wa unable to do unless he were
furnished wiitt fact upon which -to form his
judgment. , , :5,.; . ; .
.Mr. Caldwell desired, before Hhe question
would be put, to offer a few remarks. ;' He
undersh o t now be said lhal this question wal
reduced to one point, which was that there wss
no prima facie evidence that " MfV SIliW wa
en titled to his seal.becauafl the eertifirnie was
not under Ihe hand and awil of the Sheriff.
That wa the position and tha only one taken
by the Senator from Kutherford. 1
Mr. Bynum 'said If Ih gentleman would
allow him 10 set him right, that wa but one
of the ohiiiciiiHts which he had urged. He
j contended elsu thai ihe certifies te should be
it ned hy the Sheriff of each County 1 that it
should be their joint art. . . f'--rr
Itlr. Ualdwell. I understand Ihe Senator.
tion here made is to give Dr. Shaw t seat a
Senator front Camden and Curti.ek, and it is
alleged on the 'part of the Senator from Mcclf-
lrnburg thai he has a cert.ftratein due form of
law.' Now, Sir. before he can rail 011 us 10
vole to give him the seat, 1 think it is, af lett.
incumbent upon the Senator to produce,!
soma law which will authorize us to regard
ss a certificate, that which be la pleased lo
call sucli.iuU.wliicb 1 hold to be no certificate
at all. The Senator has read from tli Revis
ed Statutes, but that w'lich lis has rrat does
not touch the point lhat I tin contending lor.
The Senator, I repeat it, cannot how in any
portion nf llie Revised Stntiiles, anything au
thorising the Sheriff 10 give a eerlifieate other
wise than under his hand and seal. ' And,
sir, 1 should like lit know if any iking can be "
lound in llie law of Vis State, authorising a
man lo Come here and claim a aeat, upon :
talement made by one Sheriff, or th Sheriff
of but one Counly, while the Senatorial Dis
trict connist of more lhan one County., , The
Sanator say a have prima facie evideuce
thai this gentlemen is entitled to a 'rat. . I call '
on him to show any thing in th law of tin
thi Slate winch will authorise this Senate to
regard man as entitled to a teat, upon even
a certificate drawn up in official form, by the
Sheriff of. bnt one comity out of the two of
whicll the faenntorNl District is composed.
In the western portion of Ihe State there are
some Senatorial Districts composed ol three
mi mH.in which relates Ui lhs reorilin
(or the cession, III law fixing lh lime for there any thing 111 Ihe luw wliicn .authorise
,1.. !, i;nril Assembly, and the Scnale tu act upon lhal which w nothing
proceeding to the ordinary business of Ihe I uiore than the impl declaration of au iudi-
Hi position i, thai the eerlifieate wa not in
accordance with tha act of the , Assembly,
and thai one requisite is thai it shall he under
die hand snd aeal ot tint Sheriff or returning
officer. But the Senator has not read the
whole law, if he had he would not have rest
ed his oase upon Ibis roinl. I understand
thai il ia not necessary thai the Sheriff should
put hi seal to th cert 1 fiesta because it ia no
evidence at all ol Ihe qualification ol Ih mem
ber; lor if he does not even ; give eerlifieate
it cannot prejudice or affect the right of Ihe
member to hi seat Sir, Uie whole argument
of the Senator from ltullietford goes upon Ihe
supposition that we are - vacating ihe seal of
Dr. Shawi lhat be ha been , admitted to his
eat and lhat we htve enirrsj into in argu
ment with a view lo the vacating of lhat seal.
Sir, that is not llie question lhat t before the
Senate. -, The simple question is, is he enti
tled to a seat here, upon the face of the cer
tificate? le there prima facie evidence th.il
he is entitled lo a seat? . It ts not whether
his seal shsll be vacated by illegal vote or
mil; lhat i a mailer for enquiry after he ha
laken his seal, ilranpol he entered upon now.
But II show that a eertilicat is not required,
I beg leave to read ihe c.t ,
Mr. Caldwell read a portion of Ihe Malute,
j-stid proceeded to srgu that the possession
nf a certificate was not indispensable on Ihe
.part of a candidate for a seat in that body.
He admitted that H was incumbent upon Ihe
Sheriff to mats a return showing who had
been chosen, hut denied that- it was essential
that his aeal should be affixed lo a eerlifieate
ol meroberahip refi ired In the fart lhal
a large number of lha member 1 of lhal body
had been admitted to seat therein without
the requirement insisted upon by the Senator
Irom K itherford. . He had taken the liberty
of ex am in ing ihe certificate of ihirty-sevrn
gentlemen who were meinhe&i ol that hotly.
and they were ail lu in same category, des
titute of the lalisinanie ec.il. . lie supposed
the Senator frmn) Rutherford would scarcely
contend (lhal all these gentlemen would have
In beexeltidea. According to the rsenator
doctrine, however, ; there were thirty-seven
gentlemen in 1N1 house who were not entitled
10 su more a. an. , - .- -r t ,
he Scnslor from Rutherford, continued
MrvtTaldwcir,. assert thai Ihe Sheriff failed
to'do what they oiiiAt to hsve donet aud in-
1st that it is llie province of the Semie lo do
hat Ihey .omitted.- . W ell, Sir, doo 11 inn
appear upon lh fac of llie , ce.lific.ate that
Da. Shaw had a majority ol "im vote! I hen
what is the obvious duty of the Seunlef ' Why
Sir, to admit him lo a seat." I do think, Sir,
in view of the eerlifieate in lliis esse and of the
course pursued in all similar cases lhat then-
is here a strong prima faeiej evidence a any
person can desire, and it ought to be eufficieni,
it appear in flic, to satisfy every member it
thi body that Dr. Shsw is eniitiru to oe ad-
mined 10 seal; and if it can be hnwn thai
there has been illegal voting or any fraud con
nected' wilh the return, then. Sir, lb case i
aubiecl to another remedy, tho eoiitetaiitcoiii-
, ' -., . -...1 .1.;.. .1-.,'.
plying won 100 act k".'k .. -notice
of Intention to contest Uie reluru on that
ground.'' :"'; ,'".' '',."-
Mr, Ctildwsll proceetled to nolii-e in detail
va'riou fffiinta conuecled wilh the election
and return.'" Having.eourliulcd. !
Mr, Bynutn again rose, lie said: The course
that is pnrsneiliiy the Scn:ilof from McikVn'
burg 1 certainly a strange one. 1 ne propou-
or four counties, and wilh as much pro-
priety migut a uvxil coma uown ten aou cuiiw
10 b entitled to a eal in the Senate from tho '
I county of Haywood, and Contest the seat of
the Senator Irom Ihe Senatorial Utslncl, Ol
which the county of Haywood ia bnt com
ponent paru Bui, Sir, it is not pretended
thst llio certificate is i.i i!w proper form; and
what is the resolution of the Senator from
Lincoln? It is, that we. a Sei'iurs, are to
declare, upon such a certificate as lhat, that Dr.
Shswie. entitled ta a seal. W hat i U lhat we on
this side of the House require? Simply that
the matter shall be referred for investigation, -imd
the fact reported. Wer allege that there)
i not proper evidenca, and. that th matter '
must brought before lh Senate upon prop
er leatiinonv, before we can be calhtl upon
to act. That is all lhat is asked, Tut these
gentlemen say there is not the sl itesl doubt
Wnatever mai hit, cnaw i em. no ma eeai,
aud refuse an iiirestigaliod. A . .1 I must bo
itermilled lo reiterate the eon !usion thai I
came to yeslerday fnun the remarks ihsde bf
the Senator and I think he hat sulhcienlly
evinced hi delenniuaiion 10 tl iy that tli
object of introducing ibis reseluup i aud calk
ing upon Senators to art upon it, is to vote i
Dr. ShaW. as they have the numerical power
to d, for the .pres porse of precW.nJ .
an invcsligalion into the fact. ;
tientlcm.'a talk ab tut ex-pane lesumony.
What testimony r there on th part of Dr.
SliavSi that If noT'i-pfusTrVhat do he
bring forward for the purpose of satisfying
Ilm Senate lhat he he la entitled to a seat but
pretended eerlifieate, a certificate, 1 lay, 10
which Ihey dar not give the requisite, legal
form and sanctum. Jlonry M.Sliaw an 1 hi,
certifier. knew perfectly well. Sir, thai nmh;n
ought to-be regare.d.jif nyidf ut- here un a
under the hand and seal uf ihe Sheriffs, ami
I y further lhat this pretended eertifieat has
been prepared expressly with the view lo
void the pains and penalties tuincted ny tne
law for making I false return. W on thi
side of the House do not contend lhal Ihe ,
eerlilicnlr, of Mr. Barnard nitidi s him to a
eat, allhotiglit II possesses a requisite whir II
the other does not. But I should like to know
if Henry M. Shaw and hi friend were not
aware that where a Senatorial District i com
piled of more munlies than one the cirti:!
rate must h under the hands and seal of the
Sheriffs of the respective counties. Anil before
I am ealled to act as s judge in im matter
I should like to htve (omeexplanalinn of iHiaJ
upiciouevidoncr evidence which IcontcuJ
we ougbl not 10 look al al all, nut which, to aajr
Ihe least of it. cumes her under very uspi-
emu circumstance. .. . - ' .
The Senilor from Mecklenburg y thai
th certificate given hy the Sheriff of Cam- -
den must be looked at with suspicion, because
it is dated the 2Mi of August, just before Uie
lime for the mealing ni lh legislature. I
should like to be informed by ihe Senator
when the eerlifieate wa prepared for hi
friend Dr. Shsw? It has ho dale al all '
Now, Sir, might we not, with a grcit deal of
propriety, retort a remark made by II Sena
tor from Mecklenburg: might we not ajy that
having examined into the facta and tsccri.tin
ed that Mr, Barnard had been duly eluded,
and being awur dial there was 1 very im
portant question pending before this Legisla
ture, making il matter of consequence that
their force should, if possible, be augmented.
there would be. a strong inducement for them
to bring their man up here, with a certificate
destitute n those formalities whicll Ihe law
requires in order lo avoid the responsibility,
certificate manufactured when! th paper
ilnelf doe not show when. Can w not wuh
propriety, retort the charge that inasmuch
aslhev have ihe majority here, their de
termination is, to preclude investigation, to
prevent an examination into the facts, and by
a technical proceeding,' vote in Henry M.
Shaw, snd suy to Mr. Barnard, you have not
given the thirty day's notice of contest, and
you si. all not have an opportunity to prove
that pur glorious Irieml llenry m. onaw is
not entitled lo the seat. Now, Sir. the gen
tleman mini not find fault wilh mo for indulg
ing in this hypothesis. lie himself was llie
first to iniim'aie thiit ii aa'party act on
... . . , 1. .
our aide. ' l.til now eian.is uie cac , 1, v
have m alii lesied a disposition logo into an in
vestigation of die facts of ihe case. We have
hown no lipiti 'il lo shirk any tnu-stig.
Hon. . Hlialu tne proposition luaue oy too
gentleman from ? His prop wilion is.
to rnlur It oa'-k 10 uie peopio, ami uji hicih
decidii the question who h:jllTi rcnt them
in this body.- Hut that diH uotsuil the pnr
pose of the gentleman on Ihn ntlicr side. Oh!
no. : That will not do, TIhj reople, ihe so.
tcrs of the District : Would b unsafe men to
decide ibis question,' 1 Wt, th Senators here,
tt ilhout any icxaniiiialion at all t it" the fact,
are lh parties lo decide ibis quet m, lather
than the people who nre particularly r i.cere
ed in it. -Sir, if 1 know myself, in ret. r, ticc
10 this maltcr, 1 010 wholly and entirely in
fluenced hv e'drsirc lo vole und.rntaiidiiigly.
1 have no liesirt! lh " Ihi shall be made a par
ly question. -'1'be only desire I ha.e. is.
lhal the mailer "ball be placed beti.re the
Senate in such a w ay that each Senau-r ehall
1,0 able 10 decide for himself as to whi.'hof
theao aB..tdi!iI.II.)(ie.'t!,V V'1, .
if Uie friends of Mr. Shaw think he I so
-Ml