were sent on to the President of the United States, and by him submitted to the Senate.

Question. Why were they submitted to the Senate?

Answer. Inasmuch as they impressed upon Congress the importance of having something done to legalize an election.

Question. To legalize one that had already taken place?

Answer. One that might be held.

Question. What action was taken in the Senate upon those proceedings?

Answer. They were laid upon the table, and I believe no further action has been had.

Question. Where was that election to be held of which notice was given at that meeting at Hatteras?

Answer. At all the precincts on the banks. Persons from all the precincts were present at that meeting, and they appointed the day themselves. I attended the meeting, but did not in any manner par ticipate in it. It was gotten up spontaneously by the people.

Question. Notice was given that an election would be held on the 16th of January?

Answer. Yes, sir.

Question. What notice was given of the election held on the 28th of November?

Answer. I do not insist upon the election of the 28th of November in this case at all.

Question. What notice was given of the election held on the 30th of January?

Answer. By an arrangement of the voters at the polls on the 16th of January the election at some of the precincts was postponed until the 30th of January, on account of the weather, and on account of Burnside's expedition being present, and the men being summoned down by him to report themselves as pilots on that day.

Question. Then the notice in the first place was for all the elections to be held on the 16th of January, and afterwards they were postponed by the voters to the 30th of January?

Answer. Yes, sir.

Question. Did the voters get together at these different precincts for the purpose of adjourning the election?

Answer. Some of them did. It was a general understanding among them that the election had better be postponed, inasmuch as upon that day all the pilots were requested to report themselves to General Burnside, so that they were unable to attend the election. They wanted to cast as large a vote as they could, and for that reason they agreed to postpone the election.

Question. What is the law of North Carolina in reference to the adjournment of an election?

Answer. There is no provision in reference to an adjournment. Question. What statute did they act under in making this adjourn ment?

Answer. This was simply an agreement made between the voters, to postpone the voting at the precinct until the 30th of January.

Question. What is there in the statute of North Carolina in regard to such agreements of voters when they get together?

Answer. I do not know that voters are authorized to make any such agreement. It is only contended that the statute was complied with in the manner of voting, and outside of that, I rest the case upon the principles of equity and common sense. I do not claim any legality in reference to anything except the manner of voting.

Question. What do you claim to be legal in reference to the manner of voting?

Answer. That the polls were opened, that poll-lists were kept, and that the voting was conducted, as far as was possible, in accordance with the requirements of law.

Question. What was there in strict conformity to law, except the fact that voting was by ballot?

Answer. The opening of the polls, the keeping poll-lists, the general manner of conducting the election, the closing of the election, and the return of the votes, as far as it was possible.

Question. When were the officers who conducted the election. appointed?

Answer. Some of them several years ago. None of them recently. All of them were bona fide magistrates by commission.

Question. Under the laws of North Carolina, how many judges are required to hold an election?

Answer. Two or more freeholders, either appointed by the electors present at the time of the opening of the polls, or designated by the magistrate.

Question. When the election is closed, how do they count the votes?

Answer. The names of the persons are taken down as they vote, and the votes are compared with the poll list.

Question. Does the law require that a certificate of election shall be made and signed?

Answer. It does.

Question. Where is the certificate in this case?

Answer. One of the certificates was referred to the committee, and it will be found printed on page 5 of Mis. Doc. No. 53.

Question. That is a certificate of the election you referred to as having been held on January 16?

Answer. Yes, sir.

Question. You say that at some of those precincts the election was adjourned; did those who adjourned that election make any record of their action ordering the adjournment?

Answer. No, sir.

Question. Where are the certificates of the elections which were held on January 30?

Answer. Those certificates were placed in the hands of Brigadier General Williams by the persons appointed by the inspectors, or by the inspectors themselves. In this memorial, on page 1 of Mis. Doc. No. 53, the memorialists state that elections were held on certain days; they say that voting was done on January 30.

Question. Which of these men voted on January 30?

Answer. Every one of them.

Question. Did they vote on January 16?

Answer. All of them voted some time or other, I suppose. Question. Can you tell whether they voted on November 28, January 16, or January 30?

Answer. I think they all voted on November 28.

Question. Did you see those men vote on the 16th of January again?

Answer. A portion of them voted on the 16th of January again, and another voted on the 30th of January a second time.

Question. Of the men who signed the memorial contained on the first page of Mis. Doc. No. 53, how do you discriminate between those who voted on the 16th of January and those who voted on the 30th of January?

Answer. By the poll-list, which follows in the same document. On pages six and seven is a list of those who voted on the 16th of January; the others I suppose voted on the 30th.

Question. Is this the original petition from Carteret county? (showthe witness a paper.)

Answer. It is.

Question. The petitioners ratify your election and ask Congress to admit you to a seat?

Answer. Yes, sir.

Question. What election did they propose to ratify?

Answer. The last one.

Question. On what day?

Answer. I suppose by the words "the election" they mean the the voting on the 16th and 30th of January.

Question. Are you a good judge of handwriting?
Answer. Somewhat so, I suppose.

Question. Look on the names on this petition and give us your opinion as to whether they are all written by the same hand.

Answer. I do not think all of them were, but probably most of them were; but it is my positive belief, on which I would stake my life, that not a name of a man is on that petition except by his request. Question. Is it your opinion that most of the names were written by the same hand?

Answer. I do not know; I have never decided that question. Question. Look at the petition and tell us how many of the names you think were written by the same hand.

Answer. I do not know that that is a material matter.

Question. Whether it be a material matter or not, we would like your opinion of the fact as to how many of these names were written by the same hand.

Answer. I know nothing about it, except that I believe it to be a genuine petition.

Question. Look at the petition and give us your opinion on that point, as a judge of handwriting.

Answer. I do not profess to be an expert in that matter.

Question. With such skill as a man of your profession and age will enable you to apply to that subject, will you give us your opinion as to the number of different handwritings in those signatures? Answer. I should think about seven.

Question. Is it your opinion that all the names down to Haywood Willis were written by the same hand?

Answer. I think so.

Question. Is it your opinion that all the names down to William Mason were written by one hand?

Answer. I think so, with the exception of the names of T. W. Willis, E. M. Willis, and Amasa Smith.

Question. Do you think the names of the Masons were all written by the same hand?

Answer. It looks as if they were.

Question. Now, have you any evidence you can give to the committee that a single man's name was put on there at his request? Answer. I have no evidence whatever upon that point. The editor of the Newbern Progress received the petition as genuine.

Question. How many voters are there in the whole congressional district?

Answer. I suppose about 9,000-perhaps more.

Question. How many voters live in the precincts where these expressions of opinion were given?

Answer. Not many more than made the expression of opinion. Question. Why was there not an expression of opinion in other parts of the district?

Answer. There was no opportunity for having any such expression, and it was not thought advisable that there should be any.

Question. For what reason?

Answer. The difficulty is, that very few points are occupied by our troops. There are various places visited occasionally by our gunboats, but not permanently occupied.

Question. In whose possession is the rest of the district, except those parts in which these expressions of opinion were had?

Answer. A large proportion of it cannot be properly considered as in the possession of anybody.

Question. If not in the possession of anybody, is there any difficulty in holding elections there?

Answer. The difficulty is, that men would be punished for holding an election or making any demonstration.

Question. Punished by whom?

Answer. Punished by the rebels.

Question. Are the rebels in possession of the remaining portions of the district?

Answer. I think it may be considered that they are to this extent, that it would not be safe for anybody to express their opinion in places other than where they did.

Question. So you come here with the expression, in your favor, of all the district in which it is safe to make an expression?

Answer. That is my opinion.

Question. In whose handwriting is the body of the petition of the citizens of Carteret county, of which we have been speaking?

Answer. It is in my handwriting. I wrote it at the request of several gentlemen.

Question. To whom did you first deliver it?

Answer. I think I delivered it to the man who first signed the petition-Benjamin D. Willis.

Question. At what time did you deliver it to him?

Answer. I think about the 20th of April last.

Question. Did you see it again until you received it from the hands of the editor of the Newbern Progress?

Answer. No, sir.

Question. On what day did you receive it?

Answer. I think it was on the 14th of May. As I was passing by, the editor of the Progress called to me to come over to his office. Question. Is there anything more you would like to offer to the committee?

Answer. Not at present. I think I have about stated the whole case; but I would like to be heard again to-morrow.

The hearing continued.

JUNE 6, 1862.

Question. Please state to the committee any further matters you desire to present in reference to the grounds of your claim to a seat. Answer. Gentlemen of the committee, I claim that in this case the expression of the loyal voters in the district has been as general and as extensive as possible under the circumstances. I desire it to be remembered that Edenton, Plymouth, Elizabeth City, Winton, and various other places visited by the Burnside expedition, with the whole of Roanoke island, are in the first congressional district, and not in the second. They are no part of the territory of the second congressional district which I claim the right to represent. That will account for the absence of any expression of opinion from those places.

Question. How much of the territory reclaimed by General Burnside is in the second district?

Answer. So far as the reclamation of territory is concerned, I do not consider it at all complete, not sufficiently complete and permanent to justify the people in consideration of the welfare of themselves and their families, and the safety of their lives, liberty, and estate, in making any demonstration whatever of fidelity to the Union. As an honest man, I could ask them to make no demonstration beyond what they did make. According to the statement contained in the memorial signed by 168 of the loyal citizens of the second congressional district of North Carolina, three several elections have been held. Public meetings also have been held besides that, the proceedings of which I presented to the committee yesterday. A petition from the loyal citizens of Carteret county was also got up and also other petitions which I have not seen, but which were in circulation