Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-07-10
SENATE.
RALEIGH, N. c., July l, 1868.

SENATE
RALEIGH, N. c., July 1, 1868.
Pursuant to proclamation of ". W.
Holden, Governor elect of North Carolina,
the Senators elect convened in the Senate
Chamber in this city this day.
The Senate having been called to order,
Hon. r. ?. Dick, Associate Justice of the
Supreme Court, administered the oath pre-
scribed in the new Constitution to the
Lieut.. Gov. elect, Tod r. Caldwell. Esq.
who thereupon assumed the chair as Presi-
dent of the Senate.
The President appointed Mr.. Barrow,
Senator of the 4th District, to act as prin-
cipal Clerk, and Mr.. Sweet of the 10th
District, as Assistant Clerk. pro tenn.
The oath prescribed in the Constitution
was then administered to the following
Senators by Judge Dick, who claimed to
be under no political disability
Messrs. White, Etheridge, Marsindale,
Respass, Barrow. Beasley, Eppes, (negro)
Bellamy, Rich, Sweet, Moore, Colgrove,
Legg, Galloway, (Eegro,) Hayes, Harring
ton, Hail. Cook, Rrogden, Jones. of Wake,
Wynne, Lyman, (negro,) Winstead, Lassi-
ter, Burns, Shoffner, Welker, Davis, Bee
man, Melchor, Robbins, Long, Forkner,
Mason, Eaves, Smith and Blythe.
Certificates of election were presented
by Messrs. Allen, Purdie, Turner. Lind
say, Richardson, Wilson. Jones, of Cald
we'll. Moore and Love, and were laid on
the table because of alleged disabilities.
Several of the Senators submitted obiec-
tons to the ruling. The President declared
the Senate organized and ready for bust
ness.
When the ODD District was called, Mr.
Turner. of Orange, offered his credentials.
The President asked if he was banned
by the Howard amendment ?
Mr.. T. said, that depended upon what
law we were organizing the Senate under.
If We were acting under the Constitution
of North Carolina, neither the Howard
amendment nor any other amendment dis
qualified him. If we are organizing under
the acts of Congress and this was provi-
sional government, then he was required
to take the test oath, and SO were all the
Senators. He wished to know under what
law we were organizing. No one here had
authority to question his right to seat
when he offered Gen. Candy IS certificate of
election. Could the people of Burke, who
had elected the President of the Senate,
say to the people you must send repre-
sentative to the Senate that pleases us or
our representatives, or he must stand
aside
Mr.. Turner's credentials were laid upon
the table. Subsequently Mr.. T. moved
that the Senator from the 18th District be
called and allowed to qualify. He had not
answered to his name when called. The
President subsequently called Mr.. T. to
order, stating that Mr.. T. had no right to
speak, as the Senate was organized and
his credentials not received.
Mr.. t. said he begged pardon, he
thought one member elect had the same
rights as another.
The President explained The Senate
was organized and the Senator could ap-
peal from his decision if he wished.
Mr.. T. said he should be guilty of no
such bad manners to the Chair. He would
not appeal.
Mr.. Turner said he did not understand
the Senate to be organized. When he was
ruled to silence, he kne~ it was net. He
then held up the credentials of MIR. Mel
Choir. Senator from Cabarrus, and said he
had been requested by his friend to move
that he be allowed to qualify, but as it was
out of order for him to speak, he would re-
turn it to the Senator, which he did with
out making tie motion.
An unknown Senator said every Senator
had been offered an opportunity to qualify
if he desired it.
Mr.. T. said the President had denied his
right to participate in the discussion and
organization of the Senate. He knew if he
should ask permission of the body to be
heard, it would not be denied.
The President stated that by consent, Mr..
T. could be heard.
The vote being taken, it was unanimous
for Mr.. L. to proceed.
Mr.. Turner said the vote of the Senate
IL Il l. I'D la
from the decision of the Chair, as invited,
the Chair would not have been sustained.
Mr.. Turner said he did not know the
Senator who sat before him, his name nor
the district that he represented, but from
what had fallen from him he knew he had
some sense of right, justice and propriety;
he therefore asked him to move that all
Senators presenting certificates be allowed
to qualify. He did not understand the &C.
ton of the Senate as that Senator did !; on
the contrary the permission had been re-
fused to certain Senators to qualify. It
was now question of brute force. What
right had the people of Granville, Person
and Burke, through their representatives
to say to the people of Orange, You shall
not be heard on this floor without my per-
when all are elected under the
same law and authority?
AO COuiu W ZIG uCSpOGlSu VI I'LL
itary power, because there was no help for
it but he could not, he would not, submit
in silence to the despotism of civilians pro-
Tossing to act under the constitutions and !
laws He had the same right to forbid the
President taking his seat that he had to
forbid him-and no Senator had or could
offer reason why one Senator should quail
ify and another should not.
The unknown Senator kept quiet and
made no motion, as Mr.. Turner had re-
quested.
A. Il. Galloway, negro, from New Han
over, said, for his part, he could not see no |
reason or authority for one Senator to ques-
ton the certificate of another. The right |
of one Senator to qualify was quite as good |
as another, until the Howard Amendment |
was adopted and it became part of the |
Constitution. No test oath could be re-
CURED now. He was not willing, nor did |
be think he had any authority, to require !
oaths of others, except the oath required
of all.
Mr.. Jones, of Wake, said when he was
elected he had doubted whether he would |
be able to take his seat, but his disabilities !
had been removed, and as this was seri-
ous question, he moved the Senate adjourn