The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1868-07-15

tee of five instead OF seven, and that the
commissioners lie instructed to report by
bill or otherwise, measures for the encourage
ment of immigration into the State. The
resolution as amended was adopted.
Leaves of absence was granted Messrs
Jones and Wynne until monday next.
Mr.. Sweet moved to adjourn until 10b
o'clock tomorrow.
Mr.. Robbins moved to amend by making
it II o'clock.
The motion of Mr.. Robbins and Mr.. Sweet
were both lost
Mr.. Mclaughlin asked leave to record his
vote on the Constitutional amendment.
The Chair ruled that the Senator not be-
ing qualified member of this body at the
time of the passage of the Constitutional
amendment, he could not be allowed to re-
cord his vote
Mr.. Wynne appealed from the decision of
the Chair. The Senate sustained the Chair.
The Senate on motion adjOorned.
HOUSE OF REPRESENTATIVES..
FRIDAY. July 10, 1868.
The Speaker called the House to order at
10t o'clock.
Prayer by Rev. Mr.. Hudson.
Mr.. Abbott submitted a majority report of
the committee on disabilities, in which was
incorporated the following resolutions:
Resolved, That no person whose disabili-
ties have not been removed, is entitled to
seat on the floor of the House.
Mr.. Durham offered minority report by
way Of substitute, providing that all per-
sons holding certificates of election signed
by Gen. Candy, shall be allowed to qualify
on the presenting of such certificates.
The substitute was favored by Messrs.
Durham and Argo, and opposed by Messrs.
Seymour, Sinclair, Pou, Abbott, Estes, and
Stilley.
The discussion was mainly upon the le-
gality of the Howard amendment. Messrs.
Durham and Argo insisted that the amend
ment had not been ratified by three-fourths of
the States, and therefore was not law of
the land, and consequently was of no force
in this State. If North Carolina was in the
Union, she was II cocqual state, and Con-
gress had no more right to impose the con-
ditions prescribed in the 14th Article social
ed, upon legislator of North Carolina than
upon one of New York of Pennsylvania.
Mr. Seymour said the Howard amendment
had been a part of the constitution since
March, 1867, when Nebraska ratified that
amendment it became a law. The acts
of secession by the Southern States were
null and void, but nevertheless had
destroyed the full relations of those States to
the Federal Union. Conditions had been
imposed by the Congress precedent to the
States regaining that full relation, and also
for the State after that happy event. These
conditions, contained in the Howard amend
ment, had been the settled policy for four
years, and we are bound, in good faith, to
support them.
Mr.. Sinclair said that the Howard amend
ment was a statute law, if it was not the
organic law. The ratification of that Ar
tice was sine qua non to our getting into
| the Union. We knew that when we were
voting for the Constitution. We owe para
mount allegiance to the central and parent
government. which IS the sovereign power of
the land. The Republicans had never adj
mitted as party that the State was out of
the Union. Such thing was impossible
unless the government had gone to pieces.
If we adopt the substitute, we shall have to
reconsider our action ratifying the Howard
amendment few Gays SINCE He wanted
all relieved, but he wished to see such relief
granted according to law.
Mr.. Abbott said the Howard amendment
was operative for three reasons, viz; 1st.
That it was part of the constitution of the
United States; I'd. Because it had been rat
fled by this Legislature; Sd. Because its
ratification was precedent to the States
lately in rebellion regaining admission in
the Union.
Mr.. Pou considered the Howard Amend
ment part of the Constitution Three
| fourths of the live states had ratified it.
The Seeding States had waged war tor the
| purpose of establishing government hostile
to that of the United States. Their relation
| to the government had, therefore, been de-
| stroyed in political sense, and they became
| as dead States deprived of their full rights
| in the Union. Congress had adopted the
| reconstruction acts with extreme caution,
and we had sworn to support the laws of
| the United States, and we are bound to ex-
clude those banned by the Howard Amend
| ment.
Mr.. Silly said the question was not pc
litical one. The Legislature had ratified
the Howard amendment, and whether it was
a part of the Constitution or not, it was
binding upon North Carolina. A departure
| from its provisions would not be to act in
| good faith. The ratification of the 18th ar
| ticle was in accordance with the require
ments of Congress- and it therefore was bind
| ing upon the Legislature. He should vote
| against the substitute.
Mr.. Short deprecated hasty action, and
| hoped the consideration of the subject would
be postponed. Hewas not prepared to vote,
and wanted time for reflection
| The question being on the adoption of
the substitute, Mr.. Durham called for the
yeas and nays, which being ordered, the
substitute was lost by the following vote:
AYEs-Messrs. Argo, Armstrong, Clayton of
Transy lvania, Davis. Durham, Ellis, Far
| row. Ferehee, Calling, Gibson, Green,
/ Hodnett, Hicks, High, Humphries, Haw-
kins, Ingram, Kelly of Davie, Moore, Mathe-
son, Robinson, Smith of Allegheny, Shaver,
Thompson, Whitley and Williamson.
NAYs-Messrs. Abbott, Ames, Ashworth,
Blair, Barnes, Banner. Carson, Clayton Of
Chowan, Cawthorn, Ellington, Estes, Foster
| Franklin, Forkner, Gilbert, Graham, Hutch
| lngs, Hoffman, Horner, Hodgin, Hayes, Hin
! nant, Hendricks, Justice of Rutherford,
Kinney, Kelly of Moore, Leary, Mayo, Nor
rlll, Norris, McCanless, Peck, Pou, Price,
Parker, Proctor, Pearson, Robbins, Ragland,
Renfrow, Reynolds, Rea. Rhodes, Stilley,
Simmons, Seymour, Stevens, Sweet, Sinclair,
Short, Sicgrist, Vestal, Vest, Williamson,
Wilkie, Wis~ali, White and Waldrop-5S.
MIR. Sinclair explained his vote. While
he would like to sec every one of the banned
people relieved, yet he could not consent to
the minority report, as it carried with it a
principle to which he could not subscribe.