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Vol. 1,
RALEIGH, N. C, THURSDAY DECEMBER 'H, 1871.
No. 27.
Iiute of Subscription j
Tim-Weekly One year, in advance, 3 00
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The Right of Pclilicn Again.
The Senate proceeding of the 27th,
a faithful report of which will be found
in The Kka, are of unusual interest.
And the peculiar inten-st that attaches
to them is the imiortant principle in
volved in the sacred right of petition.
The Senate, on that day, by a majority
of one, rejected a etition from sundry
citizens of New Hanover county, pre
ferring charges against certain mem-U-rs
of both Houses, and asking for
their expulsion. "Whether the charges
are irue or ;ale, we do not know, and negative on lUonuay. The reasons he
shall not enquire. Whether those who gave were, that upon "a candid inves
got up and presented these jetitioiis ! tigation of the principles of parliamen
actcd wisely and judiciously we shall j tary law applicable to such cases"i he
not undertake to say. It is a. course we ' funis it to be "a well settled principle
would not have advised, and we re- : that no parliamentary body ran receive
gret their personalities. But of one thing j a petition asking it to do that which it
there can be no doubt, they acted clear
ly within their Constitutional rights
and privileges. Nor can the fact that the inquiry and take the action deman
scveral members, of the Houses were ' tied by the petitioners. lie says the
mentioned by name, be construed into
disrespect to the body to which the pe
titions are addressed. - If the charges
made in the petition are false and scan
dalous, it is the dutv of each House to
yindicateitsmembersfromsuchcharges
by its action in the premises. Or if they j
do not wish to take anv action, the pcti- !
tion could easily have been dispo-
mi disposed of !
by laying them on the table, as proposed ;
by Senator Robbing, of Rowan. Such i
ii course would, at least, have been an j
acknowledgement and vindication of !
the right
of petition.
And it is with
especial pleasure that we ; record the
fact that such Democratic Senators as
Cook, Edwards, Linney, I-ovp, Murphy,
Xormrnt, Robbins of Rowan, and
Worth, voted for the rerrjftion o the
petition. J 4
The views taken in thedikmssicn by
Senator ( Jrahani, of Orange,! demand a
brief notice. lie displayed. :;n ignor
ance of Parliamentary lavA-xfnd usages
only equalled by that displayed by him
in reference to the lease of 'the X. C.
Railroad. He assumes that the Houses
are asked to trv the accused members
for crimes, the conviction for which,
i under the Constitution, disqualify them
from sitting as members. This he says,
truly, is the province of the courts, and
is not allowed to the General. 'Assembly
by the Constitution. Rut a Senator of
his experience and reputed intelligence
ought to know, if he does not, that
these petitions proceed norm no such
ground. They proceed upon the
ground that it is the privilege, as well
n the duty, of every legislative assem
bly to purge itself of unworthy mem
bers. This is a privilege'heH to be in
herent in all such bodies from the
earliest days of the English Parliament
to the present time. j
And each House is to jude for itself i ;
what constitutes a member unworthy of
a place uin its lloor. It may expel
members for many offences against pro
priety and decency that do not render
tiiem inelligible under the institution
and the laws. This has often been done,
loth in-England and this j country.
And thesovreign people, whose servant
the Legislature is, have a right to de
mand that that Ixxly shall I kept pure.
They have a right to petition it to
purge itself by the expulsion of all un
worthy members. This, it is presumed,
will not be denied by any well inform
ed man. f
In England John Wilkes was ex
elletl from Parliament fo: the publi
cation of a libel in his own s newspaper.
The libilous publication was entitled
44 An Essay on Woman," and in noway
assailed or reileetcd upon aiiy member
of the I louse of which lie? was a member.
Yet Mr. Wilkes was subsequently a
member of two Parliaments. Wm. En
net, Senator from Onslow county, was
expelled from his seat in our State Sen
ate in J 11, for having forged, as was be
lievwl, his certificate of election. He was
returned by his constituents and allowed
lo -it. Xeither Wilkes nor; linnet was
convicted of any di-qiialifyingcrime,as
the Senator from ( rangu would have the
people believe. That was not held to be
necessary to their expulsion. The
Houses of which they were members
did not necessarily proceed jupon legal
and technical proofs of their guilt. The
moral proof, which carries conviction
to the minds of members, has always
been held to ho sufficient tojjustify ex
pulsion. Wilkes was subsequently in
dictetl and convictetl in the courts ; En
net was not. I
)ne Democratic Senator, Mr. Linney,
of Iredell and Alexander, did himself
immortal honor. He took .the highest
and most tenable grounds. He was
not onjy for nveiving the petition, but
for considering it also. And he man
fully declared his determination to vote
for the expulsion of any member who
may be proved to have belonged to any
secret iolitical organization, whether
Ku Klux or League, i,ice i the passage
of the act forbidding jersons from go
ing disguised, and making it a misde
meanor for persons to beloaig to secret
political societies. We most heartily
endorse this sentiment. We fully agree
witli Mr. Linney that men who live in
constant and habitual violation of the
laws of the land are unfit to legislate
for the law-loving and law-abiding peo
ple of the State. )
The country will learn with surprise
that a Democratic Legislature in the
South, has denied to any portion of its
citizens the simple right of petition.
That party has for some time past pro
claimed itself the especial champion of
the personal rights of the citizen', as
well as the rights of the States. Cfver
such conduct by Republicans, we need
not tell our readers, its presses would
have raised a howl that wouid have
reverberated from the mountains tojthe
Seaboard.
j Since the above was in tyje we notice '
that Senator Ilobbins, of Ilowan, chang-
cd his vote from the affirmative to.the
has no right to do." He says he finds
that the Senate has no right to make
enate has "a right to enquire Into 'the
conduct and deportment of Senators in
so far as pertains to thedischarge of their
duties as Senators," and no further.)
It is to be regretted that Senator Rob-
i bins does not cite authorities for what
he finds to be the " settled principles "
to which he refers.
If it has been "i
set-
tied" that the Sen?
Senate cannot go beyond
mi inquiry into the " conduct and de-
lortinent ozonators in so far as Rper-
tains to the discharge of their duty
Senators," then it has been settled
as
re-
jtently. in the case of Wilkes, given
! above, the Rritish House of Commons
j did go beyond the limits designated by
Senator Robbins. In the case of Wm.
; RIount, expelled from the Senate of jthe
j .United States for an alleged attempjt to
incite certain Indian tribes to insurrec
tion against the Spanish Government,
that body went beyond the limits laid
ilown bv the Senator from Rowan.
AVe give these two cases from memory,
having no time to look into historyj for
further cacs now ; so if any such prin-
ciplehasbeen "settled," it has been since
"'.khe expulsion of Gen. RIount from the
Senate of the United States.
i And it is further to be regretted that
he did not cite the authorities for the
well settled principle that no parha
mentary body can rightfully receive a
petition asking it to that which it jhas
no ritrht loower? to do." We feel
I A. J if
confident, with all due respect, that
the Senator is mistaken. Such a 44 prin
ciple " would strike a deadly blow, not
only at the sacred right of petition, but
'tllO Crren jrinoiloo of froo gfovo
ment itself. There may be grave doubts
in the minds, not only of the common
people, but of able lawyers also, asj to
power of the Legislature, under jthe
constitution, to pass many wise, just
and necessary acts. And if a respectful
petition should be presented for thd re
dress of some obvious grievance, num
erously signed by the best people of the
State, would the Legislature be justi
fied in rejeetingit, because they doubted
their power under the constitution to
grant the prayer of the petitioners?
X'ertainly not, it seems to us. It wcjuld
be the duty of the Legislature to re
ceive and consider . the ' petition. If
they found that they had no power to
'grant the prayer of the petitioners, they
should declare the fact, and inform the
petitioners what course they ought to
take to secure the redress sought. This
would be due from their servants to the
people, who are the masters. The
fact seems plain that the principle
claimed to be settled by the Senator
from Rowan, outrages all the great
principles or iree-government, among
which is the most sacred of all righ :s
the right of petition. The idea seems
to us to be perfectly monstrous and ab
surd. Will the Senator give us thejau
thority upon which he bases his judg
ment? What law, rule or precedent
can he quote to sustain his position that
i44 no parliamentary body can rightfully
receive a petition," c.
A Napoleonic Eruptiox in Pah-
is. A large number of Parisian sm
'pathizers with ex-Emperor Napoleon,
Saturday, made a demonstration inj his
honor. They tra versed the Faubourg
St. Germain, with shouts of 44iiva
Napoleon." No attempt was made by
the nolice to interfere wit the demon
stmt ion.
The Poi'E Will 44 Stick. A spe
cial dismtcli to 77ie yew York Jfqrld
from a London correspondent says:
44 A distinguished cardinal authorizes
Lnie to sav positively that the Pope will
not Tenvo Rome unless lie is compeiica
to tlo so by physical force or personal
A New York journalist who has
in
terviewed George Q. Cannon, the poss
ible successor of Rrigham Young says,
Mr. C. gave it as his opinion that (the
Mormons would submit to a decree of
Congress giving them statehood on con
dition that while past polgamy and its
fruits should be recognized the institu
tion is prohibited in future.
- Matiuciiie and Suicide. Charles
Evets, a German milk peddler, living
two miles North of Meriden, Conn.,
murdeoed his mother Saturday after
noon, by cutting her throat, and after
wards committed suicide by cutting his
throat. Trouble on account of his moth
er's opposition to his marriage is sup
posed to be the cause.
Onward !
The elections which took place on
the 7th of last month, virtually decided
the Presidential contest of 1872. Un
less an overwhelming disaster, such as
we do not expect, should overtake the
Republican party, President Grant or
some other Republican, will be tnum
j phantly elected President in Novem-
ler, J872.
The Democratic party is in the throes
of dissolution. Defeat next year win
be the signal for a general breaking up
of that party. The unsettled condition
of the country at present is such, that
the Republican party has very little to
fpjir from nnv nfiv nnrv that m&v be
""7 ": "
The Democratic party must aisoana
vanish die before another political
party of anv significance or strength,
-in nrrninirwl
xw.
supposing mat tne itepuDiican nom-
inee js elected, with the expiration of
fhfi vrar 1 On Thousand Eis-ht Hundred
n,l Rpvntv-Ri. the, -RpniihHpAn mrtv
r-- r r
win naconiroiieu ana aumimsiereu
me aiiujia .vji liiu nauuu iui
nflViSan Vv 'W4-rv frnm Ci-wrlnj-kT.
Years. If we should be correct in
prophesvinff the dissolution of the
i - .
Democratic party after the next Presi
dential election, a new party organized
upon its ruins, will be in trim for the
Xatidnal contest of 1876. It may be,
that the Republican party will have
something to fear from a new party in
ihat contest. It is impossible to foretell
what issues will arise within the next
six-years; but there are great questions
immediately in the future, which de-
mand the earnest and early attention of
the Republican party. If these ques-
tibns are met upon the threshold and
successfully dealt with, to that extent,
the necessity for a new party will be
done away with. If this be not done;
if the Republican party remains inac
tive, clings to its past record, and en
deavors to live upon tradition, it will
be defeated in 1876, and everafterwards.
The questions which the Republican
party is called upon to deal with now
flnrinfT thf nresent session of Congress.
o x- o
are :
I. General Amnesty should be grant
ed this Winter.
II. The war against corruption,
'fraud, and extravagance, commenced
under such favorable auspices in New
York, must be waged in every State
until this crying evil is thoroughly
eradicated.
! III. The Civil Service must be over
hauled and a new system a radical
reform must be inaugurated.
S IV. The tariff laws must be revised,
to the end that the necessaries of life
may not be taxed ; and that taxes may
j ' , , ..
be retained on snuff, tobacco, liquor,
and other luxuries.
i lv. A ! National system of public
u i 4. t. . , , 51
schools must be established, or the
Federal Government must appropriate
lajias or money to De useu oy me outies,
possible, as the Prussian system.
VI. Our shipping interest must be
revived and made to equal any in the
world, j"
j yil. The laws, regulating the distil
lation of brandy and whiskey, must be
so amended that all men not the rich
alone may distill their fruit and corn,
. ) .
if they see fit to ao SO.
These are the most important ques-
tions "which demand immediate atten
tion at the hands of the Congress. That
the ability to deal successfully with
these questions, resides in the Congress,
we have no doubt. If this session of
Congress, which met last Monday, will
for the purpose of establishing a sys- Mr. juurpny tnougnt tne petition
r uia oot,,, ir should have been read through. We
tem of , public schools as thorough, if . t . officially, what the neti-
take hold of these questions, the entire tion, and preceding one, says 44 No per
sessionwill be well spent, if nothing son shall be put to answer any criminal
. . . . , charge but by .indictment, pre
cise is considered. sentment and impeachment." Andal
j Circumstances which made the Re- so 4 4 No person shall be convicted of any
1 m ' X - a n t-a-K r -I . V 4-m r w 5 Alia 5
puDilcan puny, m suiue inskuiicts, u-
,r,vfn hoh onri AYtrpmf. TTiPnsiirps.
- si! ,1 u..x r--
are pacing away ;-auu, uu-.ui
outrages of the Ku Klux in the fcoutn-
ern States, we might confidently ex-
nectthe oassaire of an act of General
Amnesty thw winter. The believed
necessity for, and the suspension of the
writ of habeas corpus, may deter the
Congress from relieving everybody.
If such should be the case, Democrats
ic fx. i r tt....... mai nature, got up Dy a partizan poiit
may blame themselves for it. However, ical meeting against one of our mem-
we think", taking all things into consid- bers, whom we are to presume guilty
eration, that the time for General Am-
nesty has arrived. The Republican
party of this State is pledged to it. Be-
lieving that it was a mistaken policy
to disfranchise in the first place, that
no good has resulted from it, that it
will do no good in the future, we take
occasion to ask the Congress to pass a
General Amnesty act, this winter.
The. nthW six mWinn arp so neces-
, The other six questions are so neces-
sary to the prosperity of the country,
that the attention of the reader will be
directed to thehi without further com-
in onf h-r ,So
ment d us,
To conclude, if the seven questions
we have marked out for the considera-
tion of the Congress, should receive the
xx xt f u- . i k ii .,1, iron ruie, who oeuaujr? are nyiug iu
attention .which is due them, the talk establish in the Senate, should bTad
of, and necessity for, a new party, will hered to, how can any Senator ever in-
vanish with the solution of those ques-
tiOnS. j. - -
l d9 I
We may refer to this subject again.
1:
Why must a line drawn by a pen
always be on a slope? Because it's
always an lnK-nne.
PROCEEDINGS
OF THE
North Carolina Legislature.
SENATE.
SEVENTH DAY.
i Monday, Nov. 27, 1871
The Senate met at 10 o'clock.
President in the Chair.
Prayer by Rev. Dr. Mason, of this
citv. I
The Journal of Saturday was read and
aDDrovecL
Messrs. Allen and McCotter were in
their seats for the first time this session
Leave of absence was" granted Messrs
Lehman and King tVflttenI Craven
COUrt.
Merrimon to attend his court
Leave of absence was eranted Mr.
Flemming to attend Buncombe court.
Mr. Price presented a petition from
IUB VlUXtaia Ul PiBW Xlttuuvci, via. mS
t)af 4Iin Honam A ccam r I t xi 1 1 fnvoe.
tiffate charees made aeainst certain of-
ficers and members of this General As-
sembly
Ane UierK proceeueu w reau mu pe-
fSfi Tv-Vicm Afr T?rbhlna nf Ilavirtsnn.
obiected to the further ! reading of the
I 111 TT. U XI XXI ...
retition. ne suu loatint; ueimuu wiu
disrespectful to members of the Senate.
I wm m r 1 .I 1 1 A. X A X
A iP18 t1 ns a "Sni KiV6
itself from these disrespectful petitions.
Mr. Graham, of Orange, said that the
Senate had a right to protect its mem
bers from libel. It is well known that
during the sessions of the Legislature of
1868-,69 ana '70, there was a member
of the House of Representatives in his
seat everv session, that an indictment
for murder against him was pending
during that time. Hewas not mo
lested, ana has since oeen promotea to
a seat in iJongress.
Mr. McClammy said that he had
heard nothing of the meeting which
passed the resolutions and from whom
P"""" :"U"S" . r
Wilmington on the day on which the
meeting was held.
Mr. Price said that he did not under
stand why the reading of the petition
was objected to. The people have the
right of petition granted to them in the
Constitution, ana this ooay has no
risrht to refuse to receive this petition.
No member of the General Assembly
will pretend to deny the existence of
the Ku-Klux Klan in this State. We
have lately seen a letter written to
Judcre Bond sierned by leading conser-
o ., " J5-sxxt UX 1U,
Klan does exist. If this petition is re
jected, the dominant majority will place
themselves on records as voting against
allowing the people to petition to the
General Assembly for a redress of griev
ances. This, ana tne xiau oi tne otn-
er House, have been made to resound
with speeches defending this great right
of petition.
Mr. opeeu -TT-aa jri lavor or rejfit.iner
the petition. The Senate was not bound
to resoect petitions of this kind. It is
the duty of the citizens of New Han
over to carry these cases before the
United States Court, if they have any
evidence of the facts said to beset forth
in the petition. The petition should
be returned to the Senator who present-
ed it, and let him present it to some
party meeting.
Mr. Latham was opposed to receiving
the petition. He was , opposed to the
resolution of Mr. Graham, of Orange,
Thought each Senator should take his
part of the responsibility of presenting
pennons oi uiia jtiuu.
tion contains. No matter what the pe-
Hiz-vi-i nnnfoi'ns rrrViof Ytor -filth filling nr
scum, it should have been read. Then
we could deal with it as wouia seem
right and just. If it; contains matter
disrespectful to this body, it will recoil
upon its endorsers and introducers. It
should be be read, then we can act up
on it.
Mr. Graham, of Orange, said this pe-
I XX! 1 XI CI X Xrt X,. nnn.'n
uuou asJia uie ovuaw w n,y wium
CDPLUf "A
tion, art. 6, sec. 5, disqualifies for office
all persons convicted of infamous
crime." isut u that aione is tne cnarge,
are we not bound by section 13 of the
Bill of Kierhts to remit the case to the
courts, and presume that the person is
innocent until found guilty. This sec-
triuie, uui mo uuamuiuua vciuiui
of a jury of erood and lawful men in
open court." When believing in the
widest right of petition, I cannot con
wnen a charge for crime 4s made
the sole ground in a petition for us to
investigate ana. expel a memoer, to
usurp that wmcn is not aiiowea unaer
.V . . . 4 . . . "i
the Constitution. The courts are open
for any charge of this sort, and to them
the parties must appeal. I am not wil
ling to receive the petition, as it asks
us to listen to serious charges of a crim
inal nature, got up by a partizan polit
without allowing to him the rights giv-
en to every criminal in the Constitu-
price wag after the peti-
tion had been read, to assume all re-
sponsibility connected with the presen-
tation of the petition, but he demanded
JStoffil
Mn differed with Mr. Graham,
of Orange. He thought the petition
should be read. The Senator present-
mion had complied with the
of he senate. Every Democratic
paper in the State has taken the posi-
tion that men who have been engaged
in crime, should be denounced and cen-
gured publie meetings, and if they,
those men Who are thus censured and
denounced, are of the right grit, they
wm demand an investigation. If the
troduce a resolution looking to an m-
VOUIBUUU Ui UlCHiW.S xuip-
tiaocH rr. all oaoror t-vi i 1 1 fux I cvrariDi
rhlZ kT, iTnr mlfiVandf
shall vote to expel any member who
may be proved to have belonged to any
of tne organizations mentioned, since
the act forbidding persons from going
in disguise, and an act making it a mis
demeanor for persons to belong to se
cret political societies, were passed. Is
a matter of this nature one which has
threatened to subvert the liberties of
the people one which has caused the
interfe.-ence ofthe Federal Government,
to be rejected upon a mere technicality ?
I think it is the policy of the Demo
cratic party to denounce these crimes.
It takes very little to make the people
believe that we are apologizing for the
outrages which have been committed
by the Ku Klux. I belong to the Dem
ocratic party, and I take the position
that the petition should be read, as a
Democratic Senator.
Mr. Flemming thought the petition
should not be read.
Mr. Jones looked upon the petition as
-effecting the digity of the Senate more
than a matter personal to himself. He
asked his friends to allow the petition
to be read.
Mr. Robbins, of Rowan, thought too
much fuss had been made over a tri
fling matter. That Jhe petition should
have been read and laid on the table
long ago. That he had no doubt that
that action would be taken after the
petition had been read.
The question was taken upon the re
ception of the petition, and the Senate
refused to, receive the petition by the
following Vote:
Yeas Messrs. Albright, Cook, Ed
wards, Eppes, Flythe, Hyman, King,
Lehman, Linney, Love, McCotter,
Murphy, Norment, Olds, Price, Rob
bins of Rowan, and Worth 18.
Nays Messrs. Allen, Battle, Beas
ley, Brown, Council, Currie, Dargan,
Flemming, Graham of Alamance, Gra
ham of Orange, Latham, Matmey,
McClammy, Merrimon, Morehead,
Robbins of Davidson, Skinner, Speed
and Waddell 19.
Mr. Merrimon voted against receiv
ing the petition because he thought the
statement of the Senator who presented
the petition, was evidence that the pe
tition is disrespectful to the Senate and
especially to one member, and that it
would be laid on the table after having
been read.
Mr. Jones said, Mr. President, I rise
to a question :of personal privilege.
For sometime past, a set of malignant
miscreants, have been assailing my
name through the medium of resolu
tions of county meetings, skulking and
sheltering themselves from responsi
bility behind the actionof a class of
political associates who are as ignorant
as they are irresponsible. And who,
Mr. President, are these men? I have
authority for saying, that these resolu
tions were prepared in Washington
City, and sent to this city for distribu
tion through the different counties.
They are almost identical in language,
and bear upon their face unmistakable
evidence of having emanated from ; a
common source. They are worthy of
the source from which they emanated,
conceived as they are in cowardice
and maliemity, framod. in ialse-
hobd.
They charge me, Mr. President, with
complicity in the commission of crime,
and I here say that I would not stoop
even for a moment to notice them, did
I not think the dignity of this body re
quired it. I say that I would not no-
i ii i r t xi - ,1
lice lucse ciiargtts, xur x ciuuijv uuu,
that in the opinion of every good man
in this State, every man whose gooa
opinion l value, or whose opinion ; is
worth valuing, my character unsup
ported by a single scintilla of proof,
would outweigh even the sworn oaths
and death bed declarations of a hun
dred thousand such creatures as the
base instigators of these resolutions
men no, not men but base counter
feits of men, devoid of every instinct of
gentility or even of manhood, malig
nant enough to frame and to circulate
a calumny, but too cowardly to face
the responsibility of the act steeped
in infamy and leprous with crime
themselves, they set themselves up as
guardians of the purity and of the mor
ality of this General Assembly just as
fit for the work, Mr. President, as Ju
das Iscariot would be for the Presiden
cy of a National Bank, or Littlefield of
a Railroad. From the declaration of
such men I have nothing to fear. They
do not provoke me even to anger. I
know they have the inclination to in-
W 11 . A J1 1 1I 11
jure me, ana mat tney nave an tne
machinery ana power oi tne x eaerai
government to back them in their de
signs, and, with full consciousness of
this, I here defy them to the proof of a
single syllable the charges, though
they come with a whole legion of their
perjured witnesses. I stand ready to
meet them ail. l say again, ana in
conclusion that, whosoever charges,
directly or indirectly, or even intimates
that I ever raised my arm or my voice
otherwise than so protect and defend
the soil, integrity, the peace and good
order, or the laws of North Carolina,
is a cowardly calumniator, a base,
sneaking black-hearted villian. Thus
much for this pack of curs. At the
proper time, if I have any influence with
this body,they shall be required to make
good, before a Committee of the Sen
ate, the charges they have preferred.
desire investigation ana shall aemana
it of the Senate.
Mr. Love, from the Committee on
Propositions and Grievance, reported
a bill to fix the mileage and per diem
of officers and members of the General
Assembly, and recommended that it do
not pass.
A messaere was received from the
House of Representatives, transmitting
the report of the State Librarian with
a proposition to print three copies for
the use of each member of the General
Assembly. Concurred in.
A message was received from the
House of Representatives, transmitting
the following bills and resolutions,
which were referred :
A bill to amend an act to incorporate
the Flat Swamp, Locks' Creek, and
Evans Creek Canal Compay.
A resolution concerning the moneys
received by the State Treasurer under
the Revenue act of 1871.
A bill to amend an act to change
the time of holding the Superior Court
of New Hanover county.
Mr. Graham, of Alamance, introdu- j
ted a bill to allow the transfer of cer-
tain causes pending in the late Courts of j
Equity. Referred.
Mr. Edwards introduced a bill in "re
gard to costs in contested wills." Re
ferred, j
Mr. Edwards introduced a bill "con- j
ceaning joint contracts." Referred, i
Mr. Crowell introduced a bill to allow
the Commissioners of Lincoln county to
issue bonds. Referred.
Mr. Worth presented a memorial
from the Swift Island Manufacturing
Company. Referred.
Mr. Love introduced a bill to provide
for the collection of arrears of taxes in
the county of Jackson. Referred.
Mr. Battle introduced a resolution
authorizing the Governor to offer a re
ward for the arrest of Luke Johnson.
Lies over. I
A bill to amend the charter of the
Raleigh & i Gaston Railroad Company,
passed third reading by the following
vote: ' .
Yeas. Messrs. Albright, Allen, Bat
tle Beasley, Brogden, Brown,', Cook,
Council, ' Currie, j Dargan, Edwards,
Epps. Flemming, I Flythe. Graham of
Alamance, Graham of Orange, Hyman,
Jones, King, Latham, Lehman, Lin
ney, Love, Mauney, McClammy, Mc
Cotter, Merrimon,! Morehead, Murphy,
Norment, Price, Robbins of Davidson,
Robbins of Rowan, Skinner, Speed,
Waddell, Worth. 37.
Nays. None, j
Mr. Price gave notice of a bill to in
corporate a lodge of L O. O. F. at an
early day.-1 i
A bill to incorporate the excelsior
Fire, Bucket and Axe Company, pass
ed third reading. I
Mr. Speed introduced a resolution in
favor of John L. Woods, Sheriff of Pas
quotank county. Lies over.
A bill to I change the time of holding
the Superior Courts of Alamance coun
ty, passed third reading.
A bill to amend the charter of the
city of Newberne and of the Newberne
Academy, passed third reading.
A bill concerning the jurisdiction of
the Superior Courts, passed third read
ing. - . j : !
A bill concerning the probate of deeds
and the privy examination of married
women beyond the limits of the State,
passed third reading.
Mr. Robbins, of j Rowan, introduced
a resolution, stating that it is published
in the public prints that citizens of this
State have been arrested within the
limit of this State, carried out of the
State and imprisoned without a hear
ing ; that the Governor be requested to
furnish the Senate any information on
this subject, and also, whether he has
taken any steps to put a stop to such
unlawful arrests. Adopted.
A bill to amend the law of evidence,
passed third reading;
This bill repeals an act of 1868-'69,
which forbids co-defendants to testify
for each other. Rep.
Pending any action on the bill, the
Senate adjourned until 10 o'clock, to
morrow. .! M
SENATE.
EIGHTH DAT.
Tuesday, Nov. 28, 1871.
Senate met at 10 o'clock.
President in h.o Chair.
Prayer by the Rev. Dr. Atkinson, of this
city i
The Journal of yesterday was read and
approved. I I
Messrs. Troy and Barnett were in their
seats for the first time this session.
Mr. Edwards asked leave to change his
vote upon the question of receiving the pe
tition presented on yesterday by Mr. Price.
Upon reflection, he thought he had voted
wrong. Granted. !
Mr. Robbins, of Rowan, made the same
request. The Senate had no right to inquire
into crime i committed by any member of
this body, unless that crime should De con
nected with his official duty as a member of
the .Legislature. If any member should De
indicted for an infamous offence, he should
remain a member ofthe House to which he
belonged, until he was tried by a jury of
his countrymen. lie should .not be pre
judged by us. Granted. '
Mr. Murphy made the same request. He
thought the Senate did right on yesterday
in not receiving the petition. It was a pre
cedent that should not be established of al
lowing these partizan petitions to be pre
sented to the Legislature, to take up our
time. I desired to hear the petition read,
that I might know officially what the peti
tion contained, then I would have made
some remarks upon the character of the
petition. When it i comes to the test, we
must vote according to the law governing
the case, and according to well settled par
liamentary law. The Senate acted in accord
ance with the law of the land, and accord
ing to parliamentary law. Granted.
Mr. Norment said that he voted to receive
the petition because he did not know what
the petition contained. After it had been
read, he would have gone as far as any
Senator to protect the dignity of the Senate.
Granted. I
Mr. Lehman did not think the law of the.
land or parliamentary law, justified the ac
tion of the Senate on yesterday. His re
marks will appear hereafter. Rep.J
Mr. Worth said that he desired to say
something on this subject. It is well known
that I know nothing of parliamentary law
and parliamentary tactics. I voted on yester
day to receive the petition because I wanted
all this Ku Klux matter to come out here.
I wanted every member who desired to pre
sent petitions of this kind to have the op-
Eortunity of doingl so. The Republicans
ase all their hopes of future success upon
this Ku Klux matter. You can see the evi
dences of this fact in Capitol Square and in
the Federal Court. I
Mr. King said that he did not intend to
speak upon the petition and resolutions now
before the Senate, in regard to the anti
Ku Klux meetings, held in the various
portions of the State, until reference was had
to myself, and the proceedings of a public
meeting, held in Jenoir counry, one oi tne
counties that I have the honor to represent,
by the Senator from Randolph. I would
inform the Senator that the resolutions
passed in Lenoir county were general in
their character, and did not mention the
name of any officer or member of the Gen
eral Assembly or .North Carolina, Dutaia
denounce the organization of this treason
able and murderous ku klux klan, who
were going forth in many portions of North
Carolina wearing hideous disguises, mur
dering and scourging the good citizens of
the State. I repeat. Mr. President, that no
allusion was made by name to any member
or officer of the General Assembly of North
Carolina in the resolutions passed by the
meeting held in Lenoir county, at Kinston,
as reference: had to these resolutions will
fully appear. I cannot see how any objec
tion to these resolutions, unless upon the
principle of the case of the man in church.
when ijorenzo vow siatea mat an axe naa
been stolen, and that he bad no doubt the
man that stole the axe was in church. When
Dow drew back his arm, with a stone in
hand, stating he was going to hit the man
that stole the axe. when a man dodged.
Mr. President, I will state for the informa
tion ofthe Senator: irom Randolph, that I
made but few remarks at the meeting in
Kinston. Lenoir Co., having given way for
speakers invited from other counties. I did
personally congratulate the people upon the
fact that the bottom had dropped out of the
so-called Conservative-Democratic party
not onlv in North Carolina, but throughout
the United States for which all law-abiding
and law-loving citizens should rejoice ; buC
sir. I now afce occasion, and shall at all
times take occasion, to denounce this trea.s-
onable and murderous orK'.mizjition.of .Kit
Klux (gentlemen, as some would call them
that go about ol nights, wearing most hv ,
ous disguises, to whip, murder, and scourp ,
and cf ierwise ill treat the citizens of Nort.'
Carolina. Why, sir, I supioso that iTtl
address of the Committee of the Ho-cqll'
Conservative-Demoarati.c party Uj to be
believed, that thev are opposed to these
outrages committed by disguised murderers
and, assassins, but however they may be,
I think that I am justified in saving that
there are some Conservatives or Democrats'
in my count v, and in my district, that are
opposed to this unlawful and murderous
organization, and tliat.ujiii.vo of the reno-
i
lutions ikisshU in Licnoir eounty.
Mr. MeCl.iimny presented a petition from
eitizeiw of New Hanover praying that the
tax on theatrical porformaneeH be reduced:
Referred. V ; t . : i
Mr. Love presented u H-titioti from citi
zens of Cherokee praying that a law bo
passed prohibiting the killing of deer from
the 15th day of September to the 15h' day
of January in each year.
Mr. Graham, of Orange, from the Ifinanro
Committee reported' IIor.se resolution con
cerning moneys received' by the j Public
Treasurer under tho Revenue act Of 1871.
Calendar. f '
Mr. Graham, of Orange, from tho Judi
ciary Committee reported a bill to, deiir.o
arson, the Committee are ofthe opinion that
the Legislatui-o has no power to prescribe
the punishment of death for any of the, of
fences named in the bill, except arson as tie
fined at common law. Calendar. '
Mr. Graham, of Orange, from th4 Judi
ciary Committee reported unfavorable on a
bill to allow the transfer of certain jcauseH
pending in tho late Courts of Equity, Cal
endar. ' .'
Mr. Graham, of Orange, from the Judi
ciary Committee reported favorably on a
bill concerning costs in case of contested
wills. Calendar. f v
Mr. Linnney presented a report from tho
Judiciary Committee, recommending tho
passage of a bill concerning joint contracts.
Calendar. I '
Mr. Lehman presented a report from tho
Judiciary Committee, recommending the
passage of a bill to amend an act to ereatei
Laborers' Lien Law. Calendar. j
Mr. Graham, of Alamance, from Commit
tee on Engrossed Dills, reported us correct
ly engrossed Senate bill to require the Com
mission appointed to settle the all'airtt ofthe
Western Division of tho V. N. C. l&iilroad
Company, to make reports to tho GoVornor.
Also a bill to allow the Commissioners of
Bertie to issue bonds.
Mr. Love, from tho Committee oil Prop
ositions and Grievances, reported aimbsti--tute
for Senate bill to provide for tho col
lection of taxes for tho years 1870, aild 1871.
Calendar. . i . i
Mr. Allen, from the Judiciary Committee,
recommended the passage of a bill tmamend
an act to change the time of holding tho
courts of New Hanover county. Calendar.
Mr. Edwards, from the -Judiciary Coin--mittee,
recommended tho passage of a bill
to amend Title 19, Chap. '2, Sec. 4-1),' of the
Code! of Civil Procedure: Calendar
Mr1. Flemming introduced a bill to l rc
storejthe credit ofthe State by reducing the
State debt." Referred.
Mr. McCotter introduced a bill . t) " em
power G. B. McCotter to collect arrears. of
taxes due him for the yeac 1870." Referred.
Mr. Norment introduced a bill to revent
the sale of intoxicating liquors with n three
miles of Ashe Pole Baptist church, in Kobe
son county. Referrect. , .
Mr. Speed introduced a resolution In favor'
of Wm. E. Anderson, of Kaloigh. Referred.
Mr. Flemming introduced n resolution
that the Senate proceed to tho election of U,
S. Senators at 12 m. to-day. He said that ho
had delayed a rosolution'of the. kind to tho
last moment. The State of North Carolina
is not represented in.thoupper Houseof the
American Congress.
The President announced, that tlwe hour
for the special order had arrived. ' !
Mr. Flemming moved that tho special. or
der be postponed until the resolution intro
duced by him, be acted on. Ix)st. j
A bill to allow a mortgage deposit on per
sonal security in lieu of a money deposit,
was taken up. : i j
An ! amendment offered by Mr. -Linney
was adopted. i ! J. . j
The bill passed its second reading.!
MrJ Flemmiiig resumed the lloor and ad
vocated the passage of his resolution.! - He
said that men are in this city now- arrested .
for ku kluxing, who are as innocent as any
man in the State. Wo should havo I a rep
resentative in tho U. S. Senate. Shall it bo
said in that body, that ku klux outrages are
raging, and have no man there j to make a
counter statement ? Marshals aro continu
ally going about with blank warrants sign- ,
ed by a U.S. Commissioner. Men j are ar
rested by these marshals, not becauiso they
have violated the law, but because, they,
the marshals, have some npite against them.
When the arrest has been made.
a species
of black mailing is resorted to ; lortyor
fifty dollars is demanded by these marshals, .
betoro they will release tho men arrested
and make return of tho warrant. To.
remedy this great wrong, is why I dc siro to
elect another Senator one who jwill be al- :
lowed to take his seat and ono who will
truly Tepresent North Carolina.
. Mr; Jones thought the Senate had" no,
right to elect another Senator. Gov,' Vanco
has been Commissioned by the Governor.
He has not return6d hi credentials. The
Senate will stultify itself by electing another '
Senator. : j - . M i
Mri Graham, of Orango, said that the leg
islature had no right to go into this election.
There is no vacancy at present. The ad
mission of Gov. Vanco in tho U. K. Senate,
would not help those who have been arrest
ed under the Ku Klux bill. 1 have no sym
pathy with any man who has committed :'
any of those outrages, i Any man who has
violated the Ku Klux bill, is entitled to no
sympathy from any one, especially the Con
servative party, i Men who havo been ar-.
rested and hauled around, tho country who
are innocent, do deserve sympathy. Men .
who have been' tried by packed juries, de
serve sympathy. But theie men who have
committed outrages since tho passage of tho
Ku Klux bill, receive no sympathy lroni me.
A man who was tried and convicted by ii
jury, alleged to have been packed,' would
receive- sympathy. 'A guilty man should
not receive sympathy from any ono; but
where there is a question of tho legality ua
to the j ury. and it is alleged that that j u ryj
was packed, there will be sympathy lor the;
guilty. The idea of packing juries J ha re
coiled upon thoso attempted such au out
rage. The Republican party of North Car
olina would rather every man who.! under
indictment for Ka Kluxing, should go scot
free, than to try and convict these jnen, a
was done at the last term ofthe U. 8. Court,
which assembled in this city. It i proba
ble that there will bo no further prosecution
ofthe Ku Klux cases. It would have been
a great deal better for the prosecutors, und
tho result of tho trials would have, had a
much better effect, if thcro had - been. m
question as to tho legality of the juries by
whom parties were tried and convicted.
Mr. Brogden could not see wliy the Con
gress had been attacked. Tho Ku Klux bill '
was passed in the interest of humanity.' Thy
outrages which have been committed by tho
Ku Klux Klan throughout every Southern
State, made it necessary, to protect the lives
and the property of the people t those -States.
The U. S. Court has been attacked.
Juries, which convicted soaio of these of
fenders, are denounced a having been
Sacked. I presume tho juries were regu
irly summoned, regularly drawn, and tho
usual number of challenges allowed.. r
man will pretend to deny that any Aon- J
est jury would have been compelled to have
found a verdict of guilty, according tto.th
testimony which was adduced. , The Legia-,' 5
lature has exhausted its powers with regard
to the election of U. S. Senator.. Gov. Vance
liolds the commission of the State ; we . can
Continued on fourth page.
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