Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-12-18


House, having passed that body in accord.
ance with the Constitution, and signed by
the Speaker thereof, they have passed be-
yond the control of the Senate; and if you
decide that you cannot sign them because
they are unconstitutional, de fdcto, they
are dead. Sir, this is no factious oppCsi-
ton. L claim to be possessed of as high
| moral sentiments and character as any Sen
atOr on this floor. know that what I say
may renew and prolong discussion al
ready painful to the public mind, but the
lawabiding people of North Carolina, when
| the moment of excitement is over, will not
excuse me, or any of us, If, In this seeming
attempt TO vindicate their rights, we vlo-
late our own oaths. Let the paths of truth
| and justice-the broad ways of liberty and
| law laid down in the Constitution Of this
State, and approved by 20, 600 majority of
her people-be ever preserved with unfal-
tering step and unfinching courage, and
though, in SO doing, we may meet with
scoffers and revilers, or with Thersites
clamOring In the camp, yet, in the end,
the applause of satisfied people will be
our richest reward.
Mr.. Sweet arose to reply.
A. Il. Galloway, colored, objected
On motion of Mr. Shoffner, Mr.. Sweet
was allowed to proceed-A. Fl. Galloway,
colored, alone, voting in the negative.
Mr.. Hayes said he would like to ask the
President, before the Senator began bis
remarks, if he would sign the resolutions,
without submitting them again to the vote
of the Senate.
The President declined to answer the
question.
Mr. Sweet arose and said Mr.. Presi-
dent, although have survived nearly one
half the allotted years of man, yet there
never was time in my life when the exer-
else of the Christian virtue of fOrbearance
demanded SO much effort from me as with
IN the last few days. The strange specta-
Gle is presented to the Senate, on this oc-
| cdsion, of one Senator, as youthful and i'll
experienced as myself, reading to our pre-
| siding officer carefully prepared interpre-
alton of his duties, and doing SO, too,
with ali the gravity OF Roman Senator
[ cannot withhold an expression OF my al
miTation o. our presiding officer for de-
clining to reply 10 the Senator from Robe.
son, as to whether he Intended to ratlfy
these resolutions.
The President Of this body is sworn to
discharge his duty as he understands 1t,
and not as the Senator from R0beson un-
derstands it.
If ever, in moment of forgetfulness or
imprudence, | should presume to trespass
upon the right of the President to interpret
for himself his duty, I trust he will admin
lister to me the rebuke as [ would we'll de-
serve.
Now as to the merit of the objection
made by the Senator to the ratification OF
these resolutions. There is only one way
IN which any expression of opinion by a
Legislative body-whether it be by resolu-
ton or by formal act-can be authentl-
Gated, and that is by the signature of the
presiding officers of the two Houses. The
provision in our Constitution requiring all
bills and resolutions of legislative nature
to be read three times in each House, be-
fore they pass into laws, and that they
shall be signed by the presiding officers OF
both Houses, is sulplusage, SO far as relates
to the signatures of the presiding officers,
for such signatures are required by the law
of common sense II these resolutions are
of a legislative nature it is because they
seek to enlarge the legal definition of per
jury, and if such enlargement is defeated
by the failure to read these resolutions
three times in the Senate, any one can avail
himself of this defect in a trial upon an
indictment for perjury under these resoIu-
tions. These resolutions so far as they au-
thorize an investigation, confer Just as ample
power upon the committee as If they had
passed three readings.
submit Mr. President, my sincere be-
lief that the purpose of this last demon
stration OF antagonism to these resolutions
is the same as the preceding manifestations
of hostility, to wit prOcrdStindtiOn. 1t
may be possible to defeat me here, but, if
you do SO, there is another forum to which
I shall go and another jury to whom the
evidence shall be submitted, and that jury
is composed of all who live within the
broad limits of North Carolina. Gentle
men oppose these resolutions on the
ground of unconstitutionality; they say the
Constitution requires that they should
have been read three times in the Senate.
l will make this proposition to them Ii
they will promise that if these reso-
lutiOns are to be read the second and third
times in the Senate, they will vote for them
and offer no opposition to their pas
sage, L will consent to their being read
again but it matters not whether they are
read or not, the investigation will go on
the probe shall go down into the depths of
the wounds, and they shall be shown up to
honest men everywhere IN all their de-
fOrmity.
The President stated thathe had listened
with pleasure to Senators on both sides OF
the question The resolutions had passed
the House and hal been signed by the
Speaker of that body, and he signifed his
intention to ratify them which he did.
On motion, the Senate adjourned until
tomorrow at IL o'clock.
HOUSE OF REPRESENTATIVES,.