Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-12-25

>
! almost certainty, that the Senator'S dis
abilities will be removed, it is TO be hoped
| that the Senate will not insist on acUlng
on this question now. II they do, they
Will be accused Of taking snap judgment.
Mr. Hayes said he thought this matter
had been postpSned long enough, and if
the Senator has seen these letters alluded
TO- ne thought 1t proper that the Senate
shOuld be allowed to know their contents
also. He had understood that there were
letters here from those g, ntlemen, stating
hat it would be impossible to get the dis
abilities of that Senator removed, unless
the memorial was signed by the Republi-
can Executive Committee.
Mr.. Robbins read the letters alluded to
by Mr.. Sweet. and there was no sllusion to
the Republican Executive Committee, but
the substance was about what Mr. S. had
stated
Mr.. Hayes said that the facts did not ap-
pear in these letters that he alluded to,
but, whether they did or not, it was a mat
ter OF no consequence. This matter had
been postponed time and again. The Sen
ator had applied before to Congress to get
his disabilities removed and did not sue
ceed, and he would not succeed this time
He hoped the motion to postpone would
be voted down.
Mr. Blythe said that he had taken a
solemn oath to support the Constitution of
the United States. It was evident to his
mind that the Senator was banned, and
that was the only question for Senators to
consider. He sympathized with the Sena-
tor as much as any one could, but he felt
bound to vote against postponing this
question any longer.
Mr.. Graham said that he had given this
subiont his ol0sa op1 xuoo
vinced that the Senator was not banned,
and If the Senate determined to push this
question to vote. he desired to be heard
at length and if he could not convince
the Senate that he was not banned, he
would at least leave them with many doubts
on the subject. He had prepared mi
nority report, which he would offer at the
proper time.
The discussion consumed some time
Messrs. Osborne and Robbins urging post
ponement, and Mr. Cook and A. H. Gallo
way, colored, in opposition.
Mr.. ForkDer offered the following amend
ment to the motion of Mr.. Jones: Pro-
vided that no vote of the Senator shall be
counted until the subject has been decided
by the Senate which was rejected.
The question recurring on the original
motion to postpone to the 9th of January,
Cne ayes ana nays were caleO ana the mo-
tion was lost
ATrs~Messrs. Barnes, Beem.n, Brog1en,
Eaves Graham, Harrington, Lindsay, LoDg,
Love, Mason, MeIchor, Osborne, Robbins, Scot,
Sweet Welker and Wllson-17.
NAYS -Messrs. Barrow, Beamv, Burns,
Blythe, Colgrove, Cook, Davis, Etheridge Epps,
colored, Forkner, Galloway colored. Hayes, Hy-
man, colored, Moore, OF Ca1teret, Moore, of Yam
cey, Smith and Nynne-I7
The President Uoed in the negatiUe.
Mr.. Sweet moved to postpone until the
10Th Saturday next which was lost
AYEs-Mes rs Barrow, Barnes, Beeman, Esves,
Graham. harrington, Lindsay, Long, Love,
Scott, sweet, Walker and Wilson-l8
N,Ys-Messrs Bellamy, Brogden, Burns,
Blythe, ColgrOve, Cook Davis, Etheridge, Epps,
colored, Forkner, Galloway, colored Leg<, Moore,
of arteret, Moore, of Yancey, stephens and
Wynne-18.
The President co,ed in the negatiue
Mr.. Osborne moved to postpone until
tomorrow, at II o'clock, which prevailed
AYEs-"eesrs. Barrow. Barnes, Beeman Eaves,
Graham Harringt n. Lyman, colore l. La sister,
Lindsay, &, Love, Mason Melcnor, Osborne,
Respass, Robbins, ecott. Sweet, Welker and
Wi'son-20
NAYs-Messrs Beamv, Broeden, Burns,
Blythe, Colg owe, Cook. Etheridge, Epps, colored,
Forkner, G +lloway, colored, Hayes, Legg. Moore.
Of Cartertt, Moore, Of Yancey, >tephens aud
Wynne 10.
Mr.. Graham, from the Com mittee on
following report, to wit
-Four of the committee have presented
| report alleging that Mr.. Purdie held the
office of Magistrate before and during the
war, was a member of the Legislature in
| 1858-'50, and, as such, took an oath to
support the Constitution of the United
States never served in the army during
| the rebellion ; never invested dollar in
| Confederate bonds was a private In the
Home Guards but never served unless
compelled to DO so. That portion of the
committee believe him to be banned by
the Howard Amendment, and, therefore,
not entitled to his seat. Not being aware
Of any evidence before the committee O
the above facts, but taking them to bf
true, these questions are presented to the
Senate
1st. Has Mr.. Purdie engaged in insur
rection or rebellion against the United
States or given aid and comfort to the
enemies thereof?
3D. Has the Senate right to expel him
having once investigated his case, anC
sitting as Judge upon his qualification!
decided that he was not banned
The word "eDgage means to promise
to pledge oneself-to embark-tO enter
upon-to enlist An insurrection is the
rising up against the authority of the gov
ernment with an intent 70 overthrow it,
violent resistance to lawful authority.
According to the opinion OF Attorney
General Stanbery, an act to fix upon E
person the offence of engaging in rebellion
must be an overt and voluntary act, done
with the intent of aiding and furtherins
the common unlawful purpose. A person
forced into the rebel service by conscrip
ton, or under a paramount authority
which he could not safely disobey, ant
who would not have entered such service
if left to the free exercise of his own will
cannot be held to be Disqualified
Again: But officers who, during th
rebellion. discharged official duties no
incident to war, but only such duties a
belonged to state of peace and wer'
necessary to the preservation of order an
the administration of law, are not to b
considered as thereby engaging in rebel
lion or as disqualified"
Again: The words "giving aid and com
fort to the enemies CT the United States
are tho same used III the constitutions
definition of treason, aud the enemle
there meant must be taken to be toreIgl
enemies.
Can We soy that the acts o. .ur Purdi
amount to an actual participation An
IL = -