Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-07-17

of the States. He, therefore. subnit..,
that all members legally elected to seats ~
this floor should take their seats: and VII VI
the Howard Amendment becomes mart ~
the Constitution, that their rights can W.
questioned. .,..-g ,.--,.,.g ,..,.-.-.
So far as the fundamental condition in,
posed by the Omnibus bill is concerneJ
Judge Trumbull, a bright light in the Re-
publican party, declared in the Unitel
States Senate, that was plainly and indie
putably illegal and unconstitutional. Va,
you go beyond them all. They say tbot
,Ohen such law is adopted, certain men
shall be disqualified. You say they shall
be disqualified before the law is adopted
If North Carolina is State now il thu
Union, then she is under the Federal Con.
stitution as it is, and State with rights
co-equal to those of any other. If we arc
not a State, then, in God name, what ara
we Is it, l appeal to you North CaroEin.
ittas, to be established as precedent. that
Congress shall prescribe, for an indefi1ite
number of years, who shall hold Office in
this State
Mr.. Durham then moved to substitpto
the minority report for that of the MAORI.
ty.
Mr.. Seymour next took the floor. His
argument was based on the fact of the l4th
Article being already part of the United
States Constitution. He spoke for some
time, and touched frequently upon the diff
ferent theories advocated as regards the ey.
act relation, for the last three years, exist
ing between the Southern States and the
Government
Mr.. Sinclair said he would yield to M
man, in the desire to relieve his fellow cit
zens, yet he could not concur with Mr.
Durham. Congress had declared that the
States should not be admitted until the 14tb
Article was adopted, and the authority Of
Congress over-shadowed any seeming VIC.
iation of the Constitution, under which We
are now assembled; for when a conflict
arises as to the edicts of Congress, We
owing paramount allegiance to the Federal
Government, must yield to its authority
Mr.. S. concluded by moving the adoption
of the majority report.
Mr.. Pou also opposed the substitute and
took substantially the same ground as Mr.
Seymour as regards the 14th article beng
already part OF the Federal Constltu-
ton.
Mr. Abbott next addressed the House
In his remarks in regard to the merits of
the majority report, he based his argu.
ment upon three points, viz: LIST. The l4th
article is operative, for it is now part of
the Constitution of the United States Cd.
It is binding because both Houses of this
Legislature have adopted it. 3. Because
It's ratification is q condition precedent to
the admission of the States recently in re-
bellion. He argued these points, and on
| concluding, was replied to by
Mr.. Argo. in a speech Astounding in elo-
quence ard sarcasm. He emphatically de-
| MED that the 14th article was part of the
| Constitution of the United States yet
There we're two modes of lealiy amend
ing the Constitution of the General Gov
ernment-neither of them have yet been
complied with-and how can this proposed
amendment be claimed to be operative !?
when it is yet only in the prospective
Only a few days ago resolution passed
the United States Senate, calling on the
Secretary of State to furnish list of those
States which had ratified the proposed
amendment, plainly implying that the re-
quisite majority had not get been obtained,
Mr.. Argo continued for some time, com
pletely ventilating the Quixotical theories
INDUCED in by the " trooly loil" in regard
to the relation existing between the State
and the Government for the last three
years.
Mr.. Stilley supported the majority re.
port.
Mr.. Durham wished to know of Messrs.
Pou, Sinclair and Stilley "if only one
State had ratified the 14th article, how
long. and in what way, would it be bind
ing as part of the United States Consti
tuition; and if it was not part of the Con
stitution, how was it binding ?"
Mr.. Sinclair explained his position.
Mr.. Pou travelled over a good deal OF
ground to get to where he started at first.
Mr.. Durham then asked Mr.. Abbott If
I Congress could expel q State from the
Union ?"
Mr.. Abbott replied that she did not care
to dnSlUer the question:, as it had nothing to
do with the matter under discussion.
Mr.. Durham then wished to know "i if
they should admit the members banned by
the amendment to their seats on this floor
would Congress construe it as an act OF
rebellion ?"
Mr.. Abbott replied shat sc it would show
that they we're actuated by the same spirit
that caused the war in 1861"
Mr.. Durham then said that the Repub-
ican" party had, in fact, inaugurated q
rebellion for they had admitted a gentle.
man in the lower end of this Hall who had
been civil officer all during the war !
Here various points of order were
raised.)
Mr.. Durham said, on taking his seat,
"Take the vote. We expect neither JUS
tice nor fair dealing at your hands. We
merely argued the question to show the
disgraceful inconsistencies and glaring in.
justice that your party are daily guilty of d
The question on the adoption of the
minority report as a substitute for that OF
the majority was put by the Speaker,
when Mr.. Durham called for the yeas and
nays.
The call was sustained, and the roll be.
ing called, resulted in its rejection by
nearly party vote-yeas 26, nays 50.
By Morris (negro) A bill to prevent the
sale of liquor on election days. Referred.
Mr.. Durham offered the following reso.
luton, which lies over
ResoEued. That the action of the Speaker of !his
House, IL excluding the reporter of the Sentinel
from the floor for applying the term negro" to
colored mem oers OF this House, is infringe
ment of the freedom of the press and q usurpa-
ton of authority, unwarranted by law or prece-
dent.
Mr.. Clayton: A bill to incorporate the
town of Brevard, in Pennsylvania county.
On motion of Mr.. c., the rules were sas,
pended and the bill passed its several read,
ings, was ordered to be engrossed. ard seRt
to the Senate.
On motion, Mr.. Blair was granted q
leave of absence.