Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-11-27
err until the 10th, Of Decembo,

ter until the 10th, of Decembor -
thought the Senate had already d. %"
that Mr.. Avery was ineligible. He 80
favor OF reconsideration, to dispose of ~ Ia
case at once He was opposed to woi.; sne
until Congress could remove his dis1L;B
ties. Let him go home to bis constitr,,ii'
and they can refer him to Congross Is
Congress removes his disabilities. tbno
can come back to us. s a-. Ne
Mr.. Moore, of Carteret, called tho mo.
Gus question. ......... r'V'l'
The ayes and nays were called and -
Senate agreed to reconsider by the foIIo VIC
ing vote, viz: -.. '"'
AYEs.--Messrs. Barrow, BelIamy, Broo,.
Burns, Blythe, Colgrove, Cook. Davis, FsrCn,
Etheridge, Epps, (colored.) Forker Ha1eaH STT,s,
man, (colored.J Jones, of Wake, Las Ha!es Hy.
Moore, of Carteret, Moore, of Yancy, RicbsrLJolg
Shotfsr, Smith, Stevens, Welder, White o.,
WyLne-26. .. sAa
NAYs.-Messrs. BeasIey, Daman, Graham, r..
say, Love, Melchor, Mclaughlin, Purdie g Tia,'
Respass, Robbins, Winstead and Wilson-i2' ''''
The question recurring on the origin,
resolution to vacate the seat, o1''
Mr.. Hayes said that ii the Senate b.s
decided, on yesterday, that the Sena, au
was not entitled to his seat, and bo b' o5
not gotten his disabilities removed. he VA
clearly not entitled to it now. As 70 fbs
talk about the party being magnanimor.
and liberal, they do not deserve any TLa~
ality, as they have never shown any.
Mr.. Graham said that Judge Pears,
had given it as his decision, in ChonLsr.'"
that the Howard amendment did not ~,
ply to county officers, and it was also tbo
decision of Judge Brooks, Buxton anT
Russell If, in the face of these opinion
You decide that itdoes he asked for % Iiber,
atty but for simple justice, and he askod
all Senators to vote upon this Gppstion
simply as matter of law. 1t was cIaor
that it was not taking an oath or holdinr
an office that banned man, 6m both T.
county Solicitor an officer of the State
He is not commissioned officer. no l.
neither Judicial or an Executive office
but, like Sheriffs, he is a ministerial off
and that is the point decided bv Judgo
Pearson.
Are you now satisfied that Mai. Avery Wa
either an Executive or Judicial officer, ana
are you satisfied that lie took al oath Hn
was satisfied, from the experience he had
in law, and acting under solemn oath
that Mr.. Avery was not banned 10y the
Howard Amendment. You hold thai he
was Judicial officer, and deny it, with
Judge Brooks decision to sustain me. /.
there is any doubt about these decisions
why such haste ? Why not wait until De.
cision can lie had by the Supreme Cous or
certified copy from Judge Brooks
Mr.. Moore, Of Carteret, called the pre-.
vious question.
Mr.. Rich asked him to Withdraw It, il
order to allow BIN to move Il recommit
mont to the committee, but the motion
was insisted on and carried.
The yeas and nays were called and III.
resolution passed as follows
AYES -Messrs Barrow, Belamy, Brogden, Burn
Blythe, Colgrove, Cook, Davis. Eaves, Eth ridg,
Epps, coored, Forkner, Galloway, colored, Hsyes,
Hyman colored, Lassiter, Long, Martindac
Moore, of Carteret, Smith, SterLeus Welkc.
White and Wynne-24.
NAYs-Messrs Beasley BeemGn, Grammar. Jou,-
Of Wake, Lindsay, Love, Melchor, Moore, Of Yar-
cey, Mclaughlin, Purdie, Rich, Richardson Res
pass, Robbins, Winstead and Wilson-l6.
A. Fl. Galloway's, colored, explanation
of his vote in the affirmative was that MI
Avery, in the campaign, had held his ttial
loway's) name up to scorn, and told his
people to scratch the name Of the dq7aa
Niger off the ticket Therefore, he would
vote against admitting him.
On motion, the Senate adjourned unit
tomorrow, II o'clock.