Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-07-10

| AhChoDA4, ouiy 4, 1000.
The House was called to order at 4
o'clock.
! Nj. Seymour wished to know if the Joint
resolution had been sent to the Senate
The Chair replied that it had and, as
that body was just being assembled, he sup
posed that it would be heard from in a few
minutes. After the lapse OF some time,
! Mr.. Sinclair moved that the House ad-
Journ until tomorrow at 10 o'clock. Car
| ried.
SENATE.
FRIDAY, July Sd, 1868
! The Senate being called to order at Il
| o'clock, prayer was made by Rev. Mr..
Jones, of South Carolina.
The journal Of yesterday was read and
approved.
Mr.. Wynne desired to record his name
III the affirmative, on the resolutions rati-
flying the Howard amendment and the
record was made
MIR. Robbins presented the credentials
of the Senator from Necklenburg, Hon. j.
W. Osborne
The President Of the Senate invited Mr..
Osborne forward and asked if he was la
boring under any disability under the laws
of Congress, &c.
| Mr.. Osborne briefly replied, that if the
passage OF the Howard amendment by the
General Assembly admitted the State to
all her rights and powers in the Union,
and If the new Constitution of the State
were now in full force, he considered be
was not banned, until the Howard amend
ment became part of the Constitution of
the United States.
Mr.. Robbins arose and insisted that the
Senator from Mecklenburg should be al
lowed to qualify as q Senator. under the
Constitution Of the State, under which he
was elected. If North Carolina is nov a
State IN the Union and her Constitution is
in force, no man is banned by the Recon-
structlUn Acts Of Congress-, since they
ceased to lie operative the very moment
North Carolina was admitted to all her
rights. Congress did not claim the power
10 SAY WHO and who should not hold Office
IL the 6tate-s III harmony with the Union.
That, Mi. Z, considered, Was now the pO-
sltlOn OF North Carolina. If Congress had
the power to say who should hold office IN
Il State Oi this Union, where was the ne
csSsity for the Howard Amendment ut all ?
.he Howard Amendment was not yet
Fart Of the Constitution OF the United
States, and, therefore, no man at present
N North Carolina is under political Gi>a-
DlIitleS arising under the reconstruction
actS.
The President Of tie Senate ruled that
the Senator from Mecklenburg could not
be sworn a. present, and read the 3D. sec
ton Of the Howard Amendment. He
stated that the passage OF the ratifying
resolutions Of the Howard Amendment, by
the General Assembly, made il law bind
ing upon North CarOliua, whether it had
become IA part Of the Constitution Of the
United States or not, and that he could not
admit the Senator to be sworn.
Mr.. Robbins appealed from the decision
Of the Chair, and the CHAIR was sustained
by a strictly party vote.
On motion OF Mr.. Colgrove, the Gre
dentials Of the Senator from Mecklenburg
were referred to the Committee of Inves-
tlgation.
The Senate agreed, on motion of MI
Welker, (the House cOucurring) to hear
the address Of Governor Holden on to-mOr-
row.
A. H. Galloway (negro) moved joint
resolution, requesting the military au-
thorIties to forward TO the General Assem-
bly, all papers, &C., III reference to the al
legged frauds in the election in Caswell
county. Carried.
Mr.. Robbins introduced the following
resolutions
WHEREAS, IRE Federal Union is composed of
co-equa! s ates, each bound By the same obiiga-
tons ard possessed eff the same rights under the
Constitution, and any attempt to Introduce in
equality Of rights among the several States tends
to subVert the Constitution and to destroy the
Union and
WHEREAS, The control of the elective franchise,
within its own borders, is justly deemed to be
one OF the most vital and essential rights OF each
State. Therefore,
Reso'red, That the S5&to OF North Carolina
hereby sOlemuiy declares that the fundamental
condition viii n Is included in the recent act of
Congress, providing for the READINESS of this
state 10 ToprGs 8 IJ&tlOn, anu which seeks to I'M
pose lestrictions upon the future action of North
Carolina on the subject Of suffrage, shall forever
be he'd as without legal force and effect as to this
State.
Il. so!oeG, That in making this solemn declara-
ton North Carolina is aCtuated BIZ no purpose to
cast obs ruCsiOns in the way OF harmonious set
tlcment OF the difficulties now disturbing our
country, but solely 10 avoid givir g. Ky silent
qGiescenCe, her apparent sanction 10 the estab-
lishment OF precedent, fraught with Danger to
the rights all the NJ ties. aid the perpetuity of
American Constitutional government.
Lies over.
Mr. Blythe moved that his Excellency,
the Governor, be requested to furnish each
member of this body copy OF the Constl-
tuition, the proceedings OF the late Constl-
tutional Convention and all military or
ders, &c. Lies over
MIR. Welker moved that 200 copies of the
abstract Of the returns of the late elections
prepared Dy OSu. SiuUJ3 no piIuISu 4OL
the use of the Senate. Lies over.
Mr.. Moore, Of Carteret, moved that the
Committee on the certificates
of Senators be empowered to send for per-
sons and papers and to administer oaths,
&C. Carried.
Mr.. Robbins moved that the clergy of
the city be requested to open the sessions
with prayer. Agreed to.
Mr.. Barrow called up his resolution pro-
posing to 60 into the election of .. s. SEN
ators on Monday next. After some dis
cussion the resolution WAS rejected.
Mr.. Robbins resolution, authorizing
every Senator elect, presenting proper Gre
dentials, to take their seats, was called up
and discussed, and, on motion of Mr.. We'll
ker, it was laid on the table until the Com
mittee on credentials reported.
On motion, the Senate adjourned unit,
to morrow at 104 o'clock
HOUSE OF REPRESENTATIVES,.
FRIDAY, July 3, 1868.
The House was called to order at 10
o'clock. .-.s. ..
Prayer by the Rev. MIR. Franklin, of the
House.
Mr.. Abbott presented a bill, providing