Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-02-05
of order by general consent he was the:
permitted to proceed in order.

WHICH the u0EAte Aau previously ass nmGd,
and would confine himself to the resolution
affecting the Senator from Rowan. OF
course, MI. President, [ approach the dis
cussion of this resolution with great pain
The Senator from Rowan has been my in
innate personal and political friend, and
his public and private bearing has ever at
tracted my highest confidence. But, Mr.
President, these considerations must not
blind our judgments as to the conduct of
any public servant. II can never be ad-
mitted that g. member of the General AS
sembly can receive any compensation be-
yond that allowed by law for anything
which he may do in bis public character
Such d principle in its most innocent
application, will lead to infinite abuses
and the preservation of integrity in legis-
lative bodies will be rendered I'M
possible. All measures are, in one
sense, public. It was to the inter
est of the member from Caswell that he
should be paid his per diem bnt he was to
be paid from the pnblic treasury. The
Senator from Rowan, therefore, committed
grave error. II Was a departure from
prOpnety which he has admitted frankly,
and no enc more fully recognizes the true
principle than he. But, in his defence,
Mr.. President the Senator states that it
was an inadvertance done openly, without
cOncealment, and therefore with no fraud
ulent motive. All the circumstances show
this to have been the true character OF the
transaction. No Senator who has spoken
on this subject seems to doubt it. No one,
at the moment conscious Of fraudulent
purpose, could have committed his reputa-
ton to the Senator from Caswell politi-
cal opponent with whom he had had no
previous acqraintance-and taken no secu-
rity against exposure. For, in this case,
exposure was inevitable, and If there had
been doubt about it, the Senator from
Rowan made it absolutely certain by NOV
ing and earnestly advocating the resolu
tons OF an Investigation.
The Senator from Caswell declares that
he was not con :cious OF any wrong-and
that he knows that the Senator from Rowan
WAS not influenced in his vote by the con-
sideration given. For he had already voted
for the per- diem in favor of two Senators
who were excluded by the 18th amendment
of tho Constitution. His position and
public course OH this subject was we'll IN
derstood. While, therefore, the act was
wrong the motive was not impure. But
some considerations have been passed on
this subject in uncharitable spirit by the
Senator from Henderson. It is on evil
dence that the Senator from Rowan denied
of comment. Some doubt is thrown over
the fact as to whether his denial went to
the question Of moral guilt or to the denial
of the fact. But, taking it in it's worst
aspect, what had the Senator to do but
boldly to deny it, confront and defy his
sole accuser Who does not know that
such line Of conduct would at least have
been completely successful with his friends?
With his high intellect and his brave bear
ing, docs not every one see that bold,
bad man had only to meet the accusation
with scorn and defiance, to have silenced
his accuser. But see, the Senator from
Rowan is n protesting Christian. The
plaudlts of the world might have followed
him, but he would have carried with him
the consciousness of a deep moral wrong.
No worldly expediency aud no triumphant
vindicatioL of himself, would have justi-
fed such course. For Il moment in the
new ana embarrassing situation in which
he was placed, he hesitated. High prin-
ciple was tried by the strongest conceiva-
bic temptations, and it is creditable to his
character that moral and christian prlncl-
pie triumphed. TIL subject was one Of
reflection, of self examination and fervent
prayer, and the temptations OF froWns, OF
mortihcatlon-Of reprOach-Were con-
quered by moral resolution and by the fear
OF God. After all that had been said and
done be went to the committee, made the
statement which has been submitted to the
Senate, and desired that the Senator from
Caswell might be sent for to contradict, Or
to confirm, his statement, as the case might
be, under the circumstances. l think, Mr..
President, that the honor of this Senate,
and the integrity Of the public service gen
orally, will be vindicated by the adoption
- ~ Int 81
or that Of the Senator from Beaufort, as,
in different terms, they express the same
idea, and do not believe that the public
interest demands h;4rsher judgment.
Mr.. Graham said The moral quality of
an action depends upon the intention with
which it was done, and I must confess that
[ was surprised at the remarks Of Senators
that we had nothing to do with the lnten-
tons Of the parties in this matter. 10
constitute crime we always charge that
an act was done with certain intent and
as in an Indictment for murder, being
moved and senuced by the instigation of
the devil, and with malice aforethought,
feloniousIy and wilfully. So also III lar
ceny the act must be done with a felonlous
intent or as We say amino fu1dnd1," viii Oh
for the benefit Of those Senators who so
much dislike the use Of Latin phrases IN
our laws, l. WOUlu 6Apla uOfS IOL Atttu
with " furious mind but with an inten-
ton of appropriating the property to the
takers own use, without knowledge or con-
sent of the owner" An assault has been
defined by Judge CASTOR in State VS.. Da:
Wis IAN Intentional attempt to do corporal
hurt to the person Of another"
The true enquiry then would be, did
Senator Robbins wilfully, knowingly and
corrupty sell his vote or influence to ). W.
Stevens, in favor of the resolution concern
ing the per diem OF the latter while contest
ing the seat of the Hon. Bedford Brown
The evidence shows that Robbins stated
to Stevens that he should vote for the reso-
luton before any mention was made of the
twenty dollars. The opinion of Stevens, as
brought out to-day, that be thought he
was procuring the influence of Senator
Robbins, is not evidence of the guilt of the
latter, as the parties, to the same transac-
tons, very often act from entirely diff
ferent motives. There was no converse
ton during the transaction to this effect,
but the payment of the money seems to
have been entirely gratuitous on the part
of Stevens and accompanied blythe remark
q as you are lawyer do not expect you
to work for me for nothing" to which Rob
bins answered " that is just as you please. .
:, ~ hot fbo