Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-01-29

! There cannot be the least show If doubt
as to his being 2 lildic!a! llicer. and comes
under the construction Of the 14th article
The report OF the committee says that Mr..
Purdie was Magistrate during the war,
and was a member of the Legislature be
fore the war. A member of the Legisla,
ture certainly comes under the construc-
! ton Of the 14th article. This is a Ques.
ton Of fact, and cannot be gainsayed by
any. one. The question admits of no doubt
that man, member of the Legislature
before the war, and who held Office during
the war, comes under the construction oil
the 14th article of the Constitution. And
as to vacating the seat of a Senator, the
seats of members of Parliament have been
vacated, as we'll as divers persons holdina Q
high positions in the government of the
United States. VIM. Blount, gentleman
prominently connected with the early
history of North Carolina, was i'm.
peached and expelled from the Sen
ate of the United States The
celebrated John Wilkes was expelled
from the House of Commons, and re-elec.
ted, owing to his great personal popularity
third and fourth time, and yet he was
not allowed to take his seat, and his oppo.
nent, who only received small vote, was
declared elected. He regretted that this
case had to be met, but as it was part ot
the duty imposed upon the Senate it should
be met according to their understanding,
end in accordance with the constitution OF
the United States. The case was too plain
to even admit of argument on the other
side. He regretted that it was so he had
great personal regard for the Senator, but
could not let his personal feelings control
his action in this case.
Mr.. Graham said he believed that the
minds Of Senators were already made up
in reference to this subject, and did not
know that anything he might say would
change them. The Senate, after having
once decided this question after thorough
examination into all the facts, decided to
go into another investigation. What was
the causes or motives which prompted it
he did not know. He felt it to be his DUTY,
as q Senator, to give his reasons why he
thought the Senator not banned
"Four of the committee have presented
a report alleging that Mr.. Purdie held the
office of Magistrate before and during the
war, was member of the Legislature in
1S5S-59, and, as such, took an oath to sup
port tn Constitution of the United States :;
never served in the army during the rebel
lion never invested dollar in Confeder-
ate 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 of the above facts,
but taking them to be 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 ?
Cd. Has the Senate right to expel him,
having once investigated his case, ana sit
ting as Judge upon his qualifications de-
clded that he was not banned?
The word ''eDgage" means to promise
to pledge oneself-to embark-to enter up
Onto enlist. An insurrection is the ris-
ing up against the authority of the govern
ment; rebellion is resistance against the
authority of the government with an in
tent to overthrow ia violent resistance
to lawful authority.
According to the opinion of Attorney
General Stanbery, ''an act to fix upon
person the offense of engaging in rebellion,
must be an overt and voluntary act. done
with the intent of aiding and futhering
the common unlawful purpose. A person
forced into the Rebel service by conscrip-
ton, or under o paramount authority,
which he could not safely disobey, and who
would not have entered such service, if
left to the free exercise of his own will can
not be held to be Disqualified
Again: "But officers who, during the re-
bellion, discharged official duties not Incl
dent to the war, but only such duties as
belonged to state of peace, and were
necessary to the preservation of order and
the administration of law, are not to be
considered as thereby engaging in rebellion
or as disqualified"
Again The words ''giving aid and COM
fort to the enemies of the United States p"
are the same used in the constitutional
definition of treason, and the enemies
there meant must be taken to be foreign
enemies.
Can we say that the acts of Mr.. Purdie
amount to an actual PARTICIPATION ? And
if we have q reasonable doubt must not
that doubt be resolved against the opera
ton of the law and in favor of Mr. Purdie?
Is not this the settled rule of construction
in regard to penal and disabling statutes :?
In the opinion of Judge Underwood, in the
case of Caesar Griffin, he says : ''It may be
observed that no one is even temporarily
excluded who had not actiuely engaged in
the war against the United States. but in
addition to this, he must have held an Of
uC0 Nu1Cu ulLu ItdUluS
and representative man, and which re-
quired him to take special oath to sup
port the Constitution of the United States. !"
Under the Reconstruction Acts the party
who desired to vote had to take an oath
and clear himself of all disability. Under
the Howard Amendment Congress is re-
quired to enforce by appropriate legisla-
ton this article. But admitting that the
Senate has the right to judge>of the quail
fcation of its members, has not that right
been exercised by the Senate and was not
its decision final? In my opinion all ex-
clusion in this case is equivalent to expul~
sion without case.
Admitting that he was member Of the
Legislature in 1853 SO, and for the sake of
argument that it is judicial Office. Did
he engage in rebellion alter once deciding
that he is not banned ? Have you the
right to try him again and reverse your de-
cision ? IL yoa do, you say sitting upon
your solemn O. his that you have commit
ted great wrong. Again, We have no
right to make ourselves the arbitrators in
this matter. Until Congress makes the
law giving US the power, will the govern
ment of the United States allow orth Car
olina to punish treason. Some say the
amendment is not punishment. He held
that it was and it was the opinion of
Judge Chase, and when we attempt to pun
s1y@