Newspapers / Carolina Watchman (Salisbury, N.C.) / Jan. 11, 1845, edition 1 / Page 1
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1 4 ! s Hi t V i i. 4- -V t-tfOBEfGJT -NEWS.. . ':, i ft 11 ' t , it IRELAND. Mr. 0'Connpli has! again taken the field in support 'oflflepcal. He attended the relar wcekl meetings of th Repeal As sociation aiBublin,r and made addresses t0 encourage his, friends to persevere. in f the one great paramount object. .'Lib-. eral contributions : were acknowledged from varioaf phrts of America, The Rev. ir. Mdrhittjp, Awn Philadelphia, was pre sent at:one: of the meetings, . for the pur posefof raisng money for rebuilding the charches destroyed in that city during the yi0is, Mr. Opohhell bitterly assailed the brutal and ,harbarous mob that got the au thorities tbltjisarm the Roman Catholics, jnd then attacked them." Mr. Moriarty, on rising to kd))fcssthe meetings was re ceired vitli fond cheering, and he proceed ed to speak iatljspmej length upon the sub ject of his Ipjssjon. Mr. O Connell had al so spoken atjlmerick and other places. His appearance j i n public after his sojou rn at Derrynab, pas welcomed every where with the utmost enthusiasm. At the Dulr lis Municipal InfectionRepealers were re turned m alj tfje contested vyaras,ind in all the uncontested 1 wards except , two. Jfr. 0'Corinllvas re-elected Alderman of the Four Courts' ward. ' The late . crop of .. -"' ' ? f ' fir- fc-.' ' -.'r' v. 11'..'. 1 potatoes in jpeiana p lounu io excecu me produce o (J 4nyiyea oh record. Tf Tne PaH djates are to the 1st instant Two Chambers ate con voked for the 20th. The ! Revwi llej Dewt Mondes ; announces ihati the mrjettt"sections of the Opposi- uon lnienu to lane a more uniieu auu iiiou erate Scodrse next session, and to - avow themselves jisj fnucb as "M;Guizbt an1; fa vor, of th&c&tenle cbrdiale with England ; a purpose! whiich the Revue considers to to reateh the M ihiste r with 'a muc h more ioruiiuaoie pamagonism man 'nenas 'yet encounteifHTfceionaf concludes an article on the jforeign comme rce of France io the foil owing terms : i r; u Our warehoused are overloaded v with t produce, a,nil our 'manufacturers have ar rived at tEu. lihtthat -th'ey cannot find a market r!heimanufactures In4 a word, regarded fin e very oint of vie w and in all bearings, the de'ficiehcy of our exports cqrnpjjurcd with our imports isthe char6tersiicliigri bf a'sort of decline or at least of maTked; Weakness, in our com tnercial etitenie;jVVe shall take an early oppbrtunityf - t)b f examine the deplorable state of opJcmercial havy.W t ' 1 At a dihrier! given at Marseilles to Mar- Aal Bujreauaiifdn5 Occasion of his return from Algiers, ;ftej took occasion to give the (blicivving siription of the progress made by the colonyJ'Of ; AlgeriaT within the last of Algiers is completed; peace) rei r . - I. 1 where ; Irom the iron- tiers of Tii p Uljto those 4 ofMorocco. every placd haSishurnttted, with the exception of some Ivabf Iq? ijtibes of he provinces of coqgie an.yrigseii. . vine most complete securitylna An immense progress Micll Imnrovement is to be Der ceved. flle ionueofthe colony, which tit lfit jo wire Iqnly fo!ufmillions3mounted to-day tc.v tltV rriillions JThes?V?-re 120 milliojns f Jvhi 1007?" the bur dcn&iof tl mother country ; f The Euro? pcaw Bobulaiiori. which in 1840 was bnlv. 25,000 sosa)oints now to 75,000. , It was believed! some time asro that the ter ritory acBbsible t!o us only extended to T?li 1 tliaf is tb sayi 'a; zone, of .lbrty-five leagues cjlep onlyi .We have now the cer tainty thai the Arab population extends to aaepin q, tvvo pqnareaieagues towarus the; desetfi yj-Jlerth of twb huudred wd fifty lea jUes hat is to say, over a wrface a It rge! as that 'of all: France".-7-Tbe Arah pppulalion "is 5,000,000 of iix habitant;and jierhaps 6,000,000. Th is w the field v)lncli opens before us, and ttMch brings 30,000,000 to the treasury. There ars' immense prospects here' which I shall not se realized. I repeat it, peace nsiahlh'e e.ejwrei Our. enemies,' driven oyt. of our-territory, have taken re ftjgelin Ibiloccd;lland I have ed ;nevvsgvlichIigard certain tltaoaghfi have not yerecei ved it oflicial-j yithatAbdUi-Kaderha dismiss-j cd the wl rjersohs that remained . with liim,!an( that he has retired into the inte rior of the empire. ' - i M , Yjy SPAIN." " ;r.J . Wc havd ticcounts .from .Madrid to the, 55fh ult (met; Earlier dates give the par-i Ccularsjof a pew insurrection in Old Cas tile, at. tJiq head of which Martin Zurbanoj Mjold;iaemla;;chiefv:had placed himself His son iritj brother-in-law had also raised b stanllar mj revolt, but the Jatterrwer sequfehtlyl j captured and executed at IonotAiany towns had risen in fa w of thp constitutional cause, - - Thd demand made bv the British Min er (fr, Bui wer) t hat General O'Connell ,aije4mr Ub'a,' jiad it was said, Iwen cnsi6rabl3 ;Umbrage to the" Span Government. .;. :. 1 : t-i. tjfi. peneral prim lias been sentenced to six ujjprispnment in a ionres.uui ue hllnt ill Mil.".' " A 1 Kl .' 1 . " io De aegrauea oi ins nonors. 'fm m-liClRCASSIA; v jThe jingepoiits which,during thb last P' months, ; have successively, reached vonstant;i nople; from Daghestan authorize! Oeliel hat the disasters of the Russians lH th trinMphs jbf Shamif Bey; ha veldi T? lfs;cafni)aigh Seen to anexteht hith aknof rji. V individual from that rusi arrived from Daghestan; saW i uurinS the spring and summer no less or eight severe- battles have - j , , - i -. - -v .... . . , .. t , tn nv mmeh -'- . : 1 hichitheRussians lost; n immehse riumber" 'of - men ho " tI? 9mthat prirt of the world stateslhat Va,; j-t u! Le Jtussians, netween Killed, "vui jsr i j . : . , - i j v - ;r missinjr amount to .ou.uuu : W.,1S! hoSQ'"of : the' rr. )rinted '.to ri 21600.; ih, .rayDossihlV b ;, truebuthad tlin i??, Nefc mc: o rhodefateotie would TTTT i Editor $ Proprietors. iilj-.? I vv y 4 IV.' M 1:1! nf., halve; ueen feore likely to give credit to the assertion l iOerlain it is; that the forces of Rdssji'iliafbeeQ'eoncentrated f iathe 4 neighporhood of Daghestan. In fact the lines1iof jihl iKddbar are constantly: cross-' Incite jbbtqers'attacking the Russian yiU. Iages,!a&d laring off rich spoils in slaves, horses,' cattle, sieep," and other property. " Mbate JDf THE SJENjVTE OF..r CAROLINA; 05 THE XES0LUTI03 I j yh..prV exvtlihe Senator from OnsJow.J' R: SMACKS OF MR. BOYDEN.T Mr! Speaker!: After what has transnir- ec in ihe, Senate Chamber, upon Jhe pend ing, qijiestiorinl relation to thetseat of the memlier from Cjnslow ; and after wtat has appeared In one ofthepubtfc' joarnalsln ibis Cjity0 odite by ii jperson, who hs been pejrmttedHhd jstill. occupies as a reported a plape ottjthe floprrof;the: Senat,,l 'feel called uponj bya sense of duty to the coun try aod(thej Sejiate, and, aldue regard to my own chidrater a. a citizen and a mem ber of thisjppdy to give a brief exposition :thp humblej part I am. called .upon to Derform id -this matter, tojrether with the princf plesarid! the motives - which have thjus far nfljurjced my conduct, and which thje nql dcjnof this distressing question. jln jthe pjrs't place, then, Mr, Speaker, I desiijiM ifete(what is w;ell known to the Sjnife; J)it may not be to the country, that the positi 1 coupled upon , the commit t4ej,wa libt qf my seeking, but was de volved uribb ihe.I believe, bv the unani. mousj yotifof the Senate, after , the most sincere and earnest request to be discharg ed tromi acting as a member ot your com rrjittce. T ' j ... . .. . -f"-"-- .-.f j It vili b recollected by the Sensite, that after a sttementof the, duties already imppsecls-'6p6n! me as a member . of ; the conunittee son nternal Improvements, and the Select committee upon so much of the Governor JMessage as relates to Asylums, I was aifljrst kindly excused, by a vote of the vvhi til from the discharge of a dutv this Mi !'sKulMvu Luc uivjaii uaiuiuk iuat Quyicoutu aevoive upon one oi its membersJ But, Mr. Speaker, in the very moraehi di exultation, the bitter draijsrht s)' hainiprekented to my Jips, and I was A : f forced ,ralIow it.. however disarreea WW : q vote excusing me, was lmme- aii- i . r . C3 eonsilred, and, by a unanimous hel Senate. I wa? comnelled to act as a mbmper oi the committee, iow,one whosej heart is not steeled to all the kind ly feelings of our nature, can , doubt ;my sm0rlty,lhen 1 declare that 1 most earn estly sed o be discharged from the p;iinfiii!diy imposed up me ty the Senate. jfFio4-: my knowledge of. the principles qfj ldv(jjiniolvd in the inquiry, and from the SyjcS;t ji stitement of the Senator from 0nslbWio hjad requested the investiga tion, I vfe'. lect to fearjthat, though the ShcLtl hiisei rjnight be exculpated, yet, tBje'ioljand. distressing' duty of, crimi r atipg fsqne pther person would, in all I robp-biliiy, devolve on the. committee. ; ,; i Ypiiij ccimmittee, without any aid what ever! frntheSenat6r from Onslow, devo-j t jd . themselves assiduously to the investi gation! jpfj the feubject matter 4 referred to theiinj jjjixjtal Jhey became satisfied,, that without some assistance irom tne erenue- ma -tjajl .asp'd' ..the., investigation your cbmpiiftjeil could neither exculpate , him. rorix:;cn sugntesc suspicion oi criminai- y upon pnynotner person, it is duc jus t ce ton the witnesses summoned . before -Mi conimitttee, to remark, that they were not gumrnoned before the, committee on accqiintj of any suppbsedcohection or participation in the transaction under, the consideration of the committeej but ,with a vpryjfaiht hope, that by a knowledge of the.iand pricing or the Jbpdy otj ihe lorg ed dertificato, or by casual conversation in . tie citj, they, might, be able fo .present (he; committee with some clue to point out thef persoa who wrote the body of the cer- uucjiie, wnicn annearea to do in a iair ana undisguised hand. X Ti.i j 1 4 wo before the committee closed at my .special instance and with the .concurrence : of.: the. ear labors, reuesp,; other menibers of the majority of the com mittee Wp. linnet was informed of the un favrablei cohclusion, to whicli two, at feast, oi ne cpmmiuee, wouia De compell ed jo ijolnje, upless hevould furnish some testimony! to rebut the strohff presumption Of a Raised gainst .him byproducing theiiCertirlcate drawn in his favor, and ta. iTO'Ki": 9ualifyihgand. pptainjnis seat as a. memoer ot the e. nal :f heljvvasj also informed,' that the com- ittecil hvbuld sit'anv length of time' he iglity MreJ and; that , they I "vouId sum da all lluchl witnesses as he ! wished to r At thfe nextsitting.or, the committee. Miitor, prom jQnslow appeared, and redaestfed! thdt Mrs Etheridge should he fesxahiiiiiey.- MnEtheridge vvas Recording iyfexSiheif flofb,ftill has been reported to the Senate; anS th!e Behaior;was askeiTJhe had any rbther witbessjes that W desired to be'ex- amined Deiore the con committee ; he replied that ha lLid no more testimony to oiier,and :0n:mctiO.:oi,onQ.jotne.mino cbrnmittce, the evidence 5vas .closed vith the entire "approbation, as your committee. Th C t " "ij , A TTt-T-i. -wa-' T.T. Tnrt -4 A , believe, of Mr Ennett himself. -Thisl be ing: doneK the tcommittee adjonVried, and at their, next sitting, unanimously rcjsolved that the certificate, was .a forgery, and the majority of .the. committee adopied the other resolutioris, and directed theiri chair man toTd raw upt heir report in accordance with the resolutions: which he .did; and aftef submittirig lt to'thVcomiiittiee, the same, wiin me nccompanjiui; pay u was reported to the Senate, r 5 -Mr.' Speaker I claim for myself tno ex emption from; thef feelings and .passions common to our race. c 1 admit, that in! sup port of those political principles, jAyhich my judgement, after "the , most mature de liberation has approved, ! am aKvarm and zealous advocate. But I hope I may be permitted to say, that after thb severest scrutiny, into the motives and reasons that have governed! me in this.wholp matter, I declarehere in , the t Senate, atid jlefore High Heaven, as the solemn result :'df that examination, that, towards, thfs I Shator from jpnIow, not, one unkind feeling has ever entered my breast; not one I unholy thought of unworthy moti ve ha$ been per mitted, in the slightest degree, to influence my judgement in relation to his case.v I feel conscious,; that towards the Senator from Onslow, I have acted with the same liberality and courtesy ; that I have ex tended to him every favor and indulgence that I could have done, had her been my warmest political or personal friend. I voted that he should be allowed counsel to address the Senate ; that he should'have the privilege of examining any witness he might desire at the bar of the Senate, and that his affidavit as to whatjhis absent witnesses would prove, should be received as the depositions of those witnesses. From the foregoing, brief - history of this investigation, thus far, I believe that all fair minded -men of whatever political party, who are willing , to accord to others that degree of charity which they would ask for themselves ; nay, that men except those Who know no higher motive of ac tion than the advancement of party; or the acquisition of filthy lucrue will hgree,that if Lhave erred at all, it has been on the side of rhercy. j.; j ; The only remaining duty now left for me to perform in this painful and trying in vestigation is. verv briefly, to make a calm and deliberate review of the pfinciples of law laid down in the report cf the com mittee and the chain of reasoning, and the authority byvhich they are j supported, and then with some degree ot minuteness, to call the attention of Senators to, the testimonies reported by the committee to gether "sf ith that delivered orally on yes terday at the bar of the Senate; I In the first placethen, 1 would call the of the main principle of law ;applicable to this case, as laid down by your commit tee, in the third paragraph of the report, in which vdur committee sav. f thev con- ceive it Io be a clear and -well established 1 y - r - : . nile of law, that where an instrument has been forced by some one, a strong presump tion necessarily arises against the party iawhose favor the forgery is made, or who has possession of it, and seeks to derive Denent.unuer ir. mis ruie ui, eviueiive. says the report, adopted by the courts of law upon inais involving iue pcrsuuai character of the citizen and exposing him to the severest corporeal punishment, is applicable to every case wnerem a simi lar Question arises : because itUs dictated hv the rieeessitv of "the case, required for J T J the Public security, and with & sufficient degree jf certainty points to the real of fender." 1! 11 -:,;-'! It will be found. Mr. Speaker, upon an examination of the authorities that your committee have been careful pot to give any additional stringency to this ancient and vell established rule of laws ; but on the contrary, they are in favor of the Se nate's somewhat mitisratins: its ' force. In Slacker, on! Evidence, the rule will be found laid down in the very words of the renort. I But in the case of tHe State a- gainst Britt," 3 vol., Dev. page. 125, Chief J ustice aauiq iy uuwu mc juic iu following pungent language ; Being in possession of the torged . order, drawn in his own favor, were facts constituting complete proof, that either hy himself, or by false conspiracy with others, he forged, or assented to the forgery of fthe instru- ment; that ne.euneraiu me w,ui wuscu it to be jdone-iuntil he showed the actual perpetrator, ana inai. oeuuusc f 1 r J" It is ycry uiucrcub wiu ..ww ft.;t hank note. That is an iinstrumenl current in its nature and use, jand may wrrnmft innocentlSr to one's hands. But it is next to impossible, that the defendant could get5possession of such ainstruiiient as mis, purpori.ui& w w , fiV without having fabneatedp aided.m. the' fabrication of it.; If , the instrument be a forgery, he, who holds Hinder such circumstances, is taken to be; the forger, urrtess he' shevys the contrary J Again, in the! case of. the State vs. Morgan, .2 f Vol: Devi and BatL the Chfef Justice says j " In larceny, for instance, the possession of Stolen goods is evidence, that the posses sor was the thief. It is the usual evidence. It ;s deemed cogent, because no more can be exnertpft : .beinff. the OCSt -inai is au mitted bv the nature oi.me.ca&o.. uc recent possession of stolen property, which his certiticateana ejn, in tne conversa- the' accused fails to giVe: any reasonable; tionat 10 o clock, -wlien he spoke of hay- account oi, is tne coraniou uuu i 6, ?x - r l iT-i - r ' i t - ry evidence of his guilt Cthcrthu ! that he shouid m U,--:'''.- 7'" ' tit 5t" ; . Rctxxs.f , Do HI,5 AX LlBEB.TT I . ; ! ' C?ca'l. Harrison, f V ; conclusion be one oflayv pf bl fact, seems to be hjirdly vorth inquiring ;,for it. is one of comijnon sense, which every sound mind wilt draw; with theTstightesi acquaintance Vvith'mianin3.J Tfie'ktm'SpriDciplc and reason apply," with equalr force, to every actjdone in secret, anjd wkh which, when it becomes! known topthe world, the accu sed iis found to be the first and only person connected Forgery is not; an exception! In Russell Ion Crimes, vol. 2, page1 667, it is said : In the case -jof the King vs. ShiEirard uttering aiofged stock receipt to a person who employed the prisoner to buy stock to jthat-amount, and advanced the 'money; held sufficient! evidence of an intent io defraud that' person ; and it, was further, held, that the oath jf the person to whom the receipt was uttered that he be lieved the prisoner had. no such intent, would not; repel the presumption of an in tention; to defraud.' The cases above re ferred !o clearly establish the principle mentioned in the report of ithe committee, to be the settled law of the land. They shewindeed, that the principle might have been laid down with more seventy, to wit: that the production of the certificate drawn in his own favor, and taking benefit under it by .qualifying and' taking his seat, con stituted complete proof uikil his innocence should be es abashed by proof offered by himself. I will now proceed to rehearse the tes timony! in the cause as farj as the same is material to the discussion jof this case. In the first place, it is clearly proven by sev eral witnesses, and admitted by the Sena- ior irom unsiow nunsen, max laie on Sunday e veiling before j the commence ment of the session of the Legislature on the following day, he was in Raleigh, with out any certificate of his election. Mr. jkdward W. Sanders, the Common er from Onslow, proves, that he arrived in Raleigh late oft Sunday! evening. He ininKSi ne saw Mr. Jnnett tor the nrst time on Monday, the day of the 'commencement of the session of the Legislature: As to the exact time, Mr. Sanders is uncertain whether it was on Sunday or Monday: has had a; conversation with Mr. Ennett since his examination before the commit tee, and is still uncertain whether he first saw Mr. Ennett on Sunday evening or Monday morning. Mr. Ennett asked Mr. Sanders if he had brought him his certifi cate from the ! Sheriff Of Onslow? Mr. Sanders replied, that h had not brought his certificate.' Mr. Ennett then' stated that he had no certificate!. Mr. Sanders replied, that made no difference. Nothing more passed between them. General Marsteller told Mr. Sanders on Monday, that he, as a member, must give Mr. Ennett a certificate. Mr. Sanders bowed, and thereupon some one in the company remarked that Mr. Lnnett had his certificate. I think the person making the! remark was Mr. JI Nixon, of New Hanover. ! . Mr. Sanders states, that upon examin ing: the certificate first presented by the Senator: of Onslow, that he does not know who wrote the body of the certificate, nor does he know in whose hand writing the signature is. Mr. Sanders states he knows of no! person whose hand writing resem bles the bodv of the certificate. Nor has he any knowledge or idea who wrote the certificatestates that he knows nothing at all about! it. Mf. Sanders stated in his testimony, at the par of the House, that after his arri- ! -ri t o jJ : I r vai in ivaieiga on ounuay evening iwiure the commencement of the session, he took out his certificate of election with some letters, and laid it on th0 table, where, as he knew, it remained until just before the House met on Monday.! yI. Busbee proves nothing material. Mil. JACKSON'S EXAMINATION. Do you know the hand writing of the certificate ? and state all you know on the subject. f --.ij- Answer. 1 know nothing of the subject; nor do I know the hand writing. Do not know! of . his having air. Sander's certifi cate Ion Sunday or Monday previous to the meeting of the Legislature. ""I heard on Monday, fori the first time, that he had the certificate,' about 10 o'clock in the morn ing. I On Sunday evening returned from church about 9 o'clock! I room with Mr. Ennett, who was sitting by the fire when I returned ; I heard him say nothi ng about it thatevening, nor until JO o'clock next day ;t he did not then state, how or when he got it. I had a conversation with air. Ijrinett the next morning before 10 o'clock, but not on that subject. When Mr. En nett told me he had no certificate, I told him as his colleague kfiew of his election, Iipresumedfthere would be no difficulty in his taking his seat. - I . never heard - him say any thing of the certificate after I rev turned on Sunday evening from Church, I 'left1 Mr. Ennett's fooi about 6 o'clock oa Sunday evening, ahd returned about nine as I believ'1 . . . f I would ask Senators, if it is not I very remarkable that nr.' Ennett did not 'dis close to Mr.;-Jackson pnhisreturn from Church, the sudden and mysterious ap n'ranffl of the'muchl desired i certificate; during nis.aDsenco miukv jiiuiaiAiiai.; wu vcrsation with him on Monday, riorning, .! -.. . !-;: ! ' ' -:.' I'll! I lJ ' : I he never mentionea inavue iumi reccivcvi NEW i SERIES, tiNUJIBER 37, OP .VOLTTJIE tlT ' mate, pneof his" political - frjends -6ff the manner in.whicbA hejjeceivcd -this ;suspi- 'Cigus Mper J'fm"'-' sit" fcst I "Pbdlmowy-Aing. aoutheSeN tificatei; said , to beforgedor on the subject HafterjSpw T. Ansiyer. . , I ' doT, not know. 1 1 have had nVnycrsationr with, ir Ennettbnthq matter j nor did yknowany thingbf the matterj m any, way whatever, until I heard from 3i r. JEnnett about the amount of the. statement made , to -the Senate, after: the whole imatter iwas ': stirred t ii p. I believe he certificate, though an imitation; not to be Mntiinc.'H'4;i..:s!i . Mr. fPasfeur proves nothing material. except! that the certificate is a, forgery. MR. NIXOly EXAMINED. : When did witness s first learn' that &tr. Ennett had got ? a certificate ? Witness states he heard it firston Mondays ia the torenoon ot the. day; as he believes,tho session commenced, from Mr. Ennett,who stated he nac his certificate since he arrived here. The members were then on their iyny to the House. :' '' ; Does witness know, any thing of the cer tificate first presented by Mr. Ennett, or of the hand writing of said certificate? Answer. Witness says he does not know who is the wrriter of said Certificate, nor does he believe the 'signature to be .that of thej Sheriff s Onslow, though he thinks the body somewhat resembles the writing of Mr.) Averett ; and the signature, though it only slightly resembles Mr.: Averett's hand writing, still witness, thought it was such as Mr. Averett might have written on his knee for -want of the proper conve nience for writing. Did witness hear any one say whose hand writing the certificate was f Witness answers he did not; and if he had, he should have felt it his duty, as a member of the Gener.il Assembly, to have informed the committee immediately on hearing it, knowing that said committee werej in session for the investigation of the matter. Witness objected to the above question as believing it cast an imputa tion upon him, as he considered it his duty to communicate -such information imme diately, if he had heard any such thing; Mr. Nixon, on his first examination be fore ithe committee, 'proves that the certi ficate is a forgery ; that he , heard Mr.En nett say, on Monday in the forenoon, that he had received his certificate since his arrival in Raleigh, wr. Nixon, re-examined at the bar of the House, states, that he has known Mr. Ennett some ten years or more states that he knows his general character, that it is good; never heard aught against it ; is1 a kind, good hearted man. j Mr. Holden proves nothing material. Mr. Etheridge proves the good charac ter of Mr. Ennett, and that the certificate is a forgery. Mr. Washington examined at the bar of the House for Mr. Ennett, states that he is acquainted with the gen eral! character of the defendant; that his character is good ; states that he is a very ignorant man ; alsojroves the forger'. -' Mr. Prentiss examined for Mr. Ennett, states that he does not know the general character oJthe Senator from Onslow, but heard a genflemanjof respectability, and in Vhom Mr. Prentiss had the utmost con fidence, say, that Mr. Ennett's character was good. j ' Mr. Melvin, examined for Mr. Ennet states that he arrived in Raleigh some time before day on Monday the 18th ultimo. After breakfast, at Mr. Yarb rough's, heard Mr. Marsteller say, that he had told Mr. Ennett that he couldtake his seat without his certificate ; it had been done offcn. -Between eight and nine o'clock in the morning, called upon Mr. Ennett, when he made substantially the samestatement as, to khe reception of his certificate as his Iwritten statement offered to the Se natf , as follows : , The Senator from Onslow, William En- neti, swears that Jie expects to. prove by Mrj Marsteller that he had informed hirn Mrj Ennett, on the Sunday next before4he meeting of the Legislature, in the day time, that it was ihis opinion that.the Sq natpr'from Onslow could take his seat in the! Senate, without the Sheriffs certiG- cate, making other-proof of his title to his seat; and also, that he expects to prove by the Sheriff, John A. Averett, that he had promised hirp, Mr. Eunett, to make outi hiSiGertificate of election and send 4t to nim before the organization of the Se nate, also, that Mr. Marable, of Onslow, had promised to procure said ' Certificate, from the Sheriff aforesaid, and end it to him in time before the sitting of the ; Le gislature; and also, by Mrs. Bradley, that Miji. Ennett sentto. her father's, house (Av erett's) for , theCertificate, and the answer brought by the messenger .was, thather fatber; was from! home, but ;would attend to it in time... f, , , - ' 4 , tSrgnedlr. J'c. iAYL .ENNETT. !Mr. Melviri also proved the good cha racter of Mr. Eiinett ; "did ot; know the time of the arriyai of ihe mail from New bern, although he had bcen a member of the Legislature for tHe last sixteen or eigh teen yearsJ 'MrV Ennett afso stated to Mr; .Melvin, that Mr. Marsteller had informed him that he cootd take his seat without his certificate, but Mr. Enhett said he had ra- ther have bis certificate ; that he-had ap- 1' nlie'd tdthe ShcrifT for his certificate;' thaU he was mcV n3 could not give it to him, -but prom: rto send iUo him.- ,t GcrralIarstellerpjoves.that he in form. J X r. Lnkctt that-he.could take hU '.; i scat wth?ut his certificate, it had been of- - ten done. ; Two dther witnesses prove an application for . the - certificate ; that the Sheriff was from .home ; that his, family . promised shat it'should be sent to him, and!' t if jiot he Kvould send it td. Raleigh. Mr. 1,1 Stone being called foMf.'Ennett proved, that oil the; day:Mr; Ennett 'prcsentdd his ' ceftifieatcf,;hd';placed "the4 initials or Lis I l 'name upon' thecertificatp, and that'setcr ' t 'aljothcr lnembes of the Senate, did liktf-v1 3 wise for the purpose loridenti lying lt-- -:: ;g9hcxtm6rg Mr.Ennctt rkt calledjto jxa and eix f 1 pressed hs doubts a? its being genuine: i fJTtqi fogoitfg'tcstimony is all that was pflered orthe-prtrtof the :Senntor from' Ooslowvto.rcbut the complete proof of hlv1 guilt; as tleclaretOiy Chief JusUce ltuliiri, i inrtheicase of the State against Britt. '; hi the rst rjacei it is fo be' remarked, that nearly the whole'of the testimony given by 1 EnhetjtV Svvrr; Witnessed cxainihcd 'atlthb bar of kheBpuseiitsincbmpetentihhd oughtK 16 have! ni! weigh vithSenators !h com irig.tqla felober decision of the case; being ' the. acts and declamtioris of Mr. Ennett hisciseaet. to the time of his being provedjtop)e iri possession of ithe , forged 4 ceHit;Tbe: casV( the'Statcagainst TiJIy :;pd..redell, page 4 14 ;-arid the case c v oC,Wa;iili is. Hatch, i4th Iredell's Law,-" pae 3have clearly settled, that thipri t44 ' i6ts' 'brldeclaratibns of a party iA- ' the absence of the other party can be giv-T eri in mri(ence. in his fa vorr' s t - ISd feripon reyieVrloT all the testimony ofiered bribe Senator 'from Onslow, io' rebut ' Jf the strung presumption of his guilt, arising from hiji possession of:theifirged certificatodravti w injhisj owjnfaybi is that, of good character a-..'7i lohei 1 I agk-SehatoM is that sufficient to rebut v that pretuiiptioti which the Glnef Jusfico terms, , . i i comple t r4oof until the contrary He "shewn. -v ( In; the firt place every, man's character, and " .':( rrtore especially that of a Senitor from a respec- f . : y- ouuty is presumed to bo good untu tho n, contriry hbpears ; that no eTfJcnco c: - : . i if : ; and It will iMsjremcmbe red can be given to rebut this pre- sumption of good character, until thefdefendant r , i j has himself first opened tho door by ofTcring' " testimony lis to his character.''-' This being tho state of tholaw, what would this 'strong pre- 4 sumptloii j)fi guilt amount to, -if proof .of. good ' r ' v4 characterplone he sufficient to rebut It. . x t i flButf t iaid; the Senator ifnot guilty of the U loVgeryliblr theasoni'that he had- no motive ; 4".-.y'-v';; to commit lho offence, having been informed by -,- !J, Kvnral nrAntlempn that ho could take his seat 4- 1 .J.'.t'UL .iA-it(in'. THt" m-m r.- V " lished : tie corpus delicti is indeed' admitted : ; no omrr, person is snown io nave uceiio,nnec j , ted wlith he transaction ; nV other'person could ?i lmve iadany possible interest in'tbo' matter as far as we know'; tho dced has ben donejtho p; ojffenco has been committed ; tno other t human j being could have had "any motive foV the: com- 4 mission of tho crime, save THe" Senator froni Onslow ; he must, therefore from this reasoning! as laif as jwe know,' he guilty of the forgery.- But, this' case, Mr. Speaker, does Vot rest alone upon this strong presumption bf law crmc J rnmnlel itrnnfl until .t!irt rnulrnrv. i rnndrt In ; " appfar. Ar. . . , - ,j - 4 - j There , s other testimony in this case which. cannot lie; which fixes" the., crime of forgery , lipon lthe Senator from Onslow, beyond the hopo ' cf( egcape Tcalf tWspropfto'the attention oC,rj 5.. the Reflate. I asK every Senator, before ho ' ; - pronounces his judgement in jhis'case, to cx-T amine carefully tho written statement of the Se. r natdr,'precnted to 'the' Senate at the tiniche;1; asked fur this invcstigalionj which was . admit- 'i tied by thd Senator before' your connnitfee, to bo . Li 11 fn his own proper hand, writingiT J ,call ; upon! 1 Senators jto examine ' said written' - statement 1 minutely, jespecially the name of John A- Aye t" J reu v ner ii occurs in saiu writing.;; iijen cx- -amino his name as i signed to the forged certifi- cate,: and f you can theadoubt, ;you would stilly j, 1 do so thoisgh one should rise froni the, dead it 4 l s m:.uifetly written, by Jhe fame hand, .with "i i ' the sume en and ink Thee is no other cir-" i i cums aincd which I desire to call tollie attention - of Se natq-s, andthat is, the ' remarkable . simii '1 l u larity between the certificate .of the" Senator T J :'-4 fromi Dnsfow, and that of the Commoner, Mr; -4 1 Edward IV. Sanders., I call the attcnt ion of:' ;. Senators particularly tb the punctuation to tho , i two first short lines at the top of the certificateszT 1 John A. forming the first, and Averett, Sheriff, .f the second line in- tbej "certificates. n.;rl.) l v i" "f. j I have but a iew,mpre remarks to make, Sir., j" J Bpeikeryipefore I sh'ilf have.' 'done with this 1 V painful iijHrestigation.l -I am sorry,' Wlf. Speak- " 1 er, thattlie talented genUemen composing tho J minprityjiof tho committeeHdid not make a- rc-i portl setting forth the. chain' of reasoning !y wbichhilgr arrived to Ithe . conclusion that tho - : Senator was blameless in this transaction". : - T Itj would give me great pleasure now to hoar r : L; those geemen'or'anyof the .Senators 'who' ; ; f 'i maintain the negative of the propositions beforti i the enaW point out the mode of reasoning by i ! which they arrive at -the conclusion of Ihe in ? iJ nocence of Ennett.1' lm still open to con j ftictlon, 'ajnd would "most cheerfully find out the i way to discharge my duty ty ihVcountryahd aci tjoit; tne Senator. 15ut, Mr.3pMikerf I atnlree;.; to ft atetbat 'unless some" such" reason ing is i ; , l -i . pointed but by those who' maintain hT innocence, L.shaU bV co'mpcJled,'; however jfeluctantlyr to pronounce him guilty. " I'will take this occasion . further jtqf; state, that I would-be glad to hear the v; suggestion 6f any Senator, as to the prope r mei sure of punishment to be imposed upon the ,Se. ji ; nator, Ini fcase the Senate should find him to havei ; criminalrjr participated in Imposing a fraudulent and forgd certificate iipont he SenalefVour V cbfhitthftre recommended expulsion, but. ? in ilonseuehce of the good characterstahHshil 5 Jed it thf bar of the Ilouse, together "with his extfemf ignorance;X would cheerfully liffen ttsi-'i "the!sugglsfion : of 'any '.Senator in relation to a ;: moiificatibn of the" punishment. ' : ; re pc at. Mr Speaker, I have, reviewed the f pririeiplep; of law maintained in the report of the committei. .1 have exarainc&the books of au- T- thbrity, aid find that the" principles Jaid. down in 'the rrport are "...fully sustained and that our own courts hare 'given, additional, stringency to ! the TUI0.J.I have briellylexamined the testimo. ny I haro once more scanned my own hearth to" see If there'could possihly.be fmnd lurking I 7 there anV unkind feeling, or unholy passion to . influence;' or bias my Judgment, and de'J clare,' tlut if T know myself I never entertain ed bnfl mkind feeling towards the Senator from Onslow; to.'fnc hois a stranger ;.tho only emoll i1 4 ill - i M ilk - vv; III rp' r f r I j 5
Carolina Watchman (Salisbury, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Jan. 11, 1845, edition 1
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