Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-04-22

the anti'Bowenites. Last night the anti-Torro,
crowd turned out ostensibIy to celebrate the na.
sage OF the 18th amendment but really to st,f,.
terror to the Mayor and his myrmidoms, IT,
, night is bitter and both parties equally s{yono
: being composed mainly OF negroes. rWlr,
black meets black then comes the tug Of wa
several negroes were smashed over thu gconc.
oy their opponents with their lanterns but 10
serious damage was done to their caruf
The ku-Klux Question in the ssn.f.
Radical and Democratic RuIe Cen,
pared.
In the Senate, Monday last, the kn.
Klux in Georgia being under discussion
and Mr.. Howard having contendcd that
owing to the prevalence of lawlc,s.lcsa. Tho
State should be keeps under " loyal rule j.,
for some time to scome, Mr. Thurman
of Ohio, thus replied
Mr.. Abbott-The honorable Senator
| from Ohio denies that there are any IN
Klux.
Mr.. Thurman-No. sir, DO not DENY
any such thing never denied any sacI
thlpg' Your reconstruction acts were cal
cuIated to make Ku-hlux. | do not won
der that they did mako Ku.Klux. Altar
putting eight million people under the
heel OF military men, with power to try
| them by court-martial and military com
mission, and hang them, in plain violation
Of the constitution, and then puttinna srf
of Ignorant field negroes above all tho iu-
telligence Of the white race, and n Inc
those lnstrusnentalities TO send men to Il,
Senate of the United States and to tl.c
House of Representatives OF the United
States, and put them in the place Of Coy
errors and judges, men whose feet were
hardly warm on the soil, I do not wondcr
1T made Ku-KluX. l am not iastifyirc til.
Ku- Klux.
Mr.. Abbott think the Senator mai.
q very good defence of The Ku. Klux.
MIR. Thurman-The Senator may cav 30.
L say that it is quite natural there ehoulE
have been ku ktux. ain making 20 Dc
fence for them. But human nature is Lu-
man nature, and you cannot traiapio out
Inc impulses of the human heart by any
laws you may make, not even by The code
of Draco itself
Sir, you put these States in the hands Of
the 'loyal" men. You had Tennessee in
the hands of the loyal men you lave hal
Louisiana in the hands OF the loyal men :
you have got every one Of these States L.
the hands Of the loyal men, and in add
ton to oil this you have had tho military
to help You. Now why is it that yoa have
not had law and order and peace Why
is it in these States thus governed br
Radicalism there has been this ararcLy
which Is spoken OF? Is it because thsv were
slave States? Let me call the attention e
the Senate to the fact that there vrf..
three other slave States. There yas Del
ware, there was Maryland, and there VIZ,
Kentucky. They have not been recon
structed; they have not been under Tie
rule OF the loyal men, according 10 the
definition Of loyalty on ihis floor; and vet.
in ali this broad land, from tho Atlantic
to the Pacific, from Darieu to the NORTH
pole, there have not been three moro or
DERBY States than Delaware, Maryland and
Kentucky. Under Democratic admins
tration law and order prevail in them: pro
perty, life and liberty are safe. 1t oaglt
to be SO, for the spirit Of Democracy is
the spirit of obedience to cougt:tution and
10 law. 1t Is the very incarnation Of peace,
law and order, and the best thing Won calI
10, Senators Of tho Republican parfy. tile
very best thing that could happen 10 re-
store law, order, peace, prosperity and
happiness to that Southern country would
be for Radlcalism to abdicate there.
and Democracy to be installed ia power.
Who Nay be Members or the General ~.
sembIy.
The 18th amendment Of the Constitution
declares, No person shall be Senator or
in Congress, or Eiecfor oF
office, civil or military, under the United
States, or any State, who having prcvionq-
y taken OATH" &c.
Such persons cannot, il is clear, be T.
Senator or Representative in CONGRESS. O..
Elector of President and Vice President
Dr. hold any Office, civil or military, under
5he United States or under auy State. as
he language Of the amendment hast Il: brt
IS lie forbidden to be q Senator or Pr,!r2-
,pnfatIUo N n
The solution of this question dc,.r,ds
lpon whether such membership of q State
Legislature is an Office under the
state" Judge Reade, in Worth VS.. Bar
lett, page 2Ol Phillips Report, saws II II
lot. His expression is members Of the
are not officers"
1t IS true, on page 203, he says, "Iacr,-
ers of the Legislature are excluded from
lice, although they are not officers, by
he express terms Of the 18th article
The expression obviously should he
Those who were members Of the Lexis.
tture before the war, are excluded from
ffce." But seat in the Lecislature hi
eng an office, they are now barred fror,
lat By the amendment.
The exclusion of Messrs. Brown. of
aswcll, Turner, Of Orange, and Alien. Of
'uplIn, by the present Legislature, at its
amid the excitement OF
le times, Is no precedent by which to
'ttle such question against the plain
9ading of the words, and the clearest
laxims Of Judicial construction.
The inhibition iorbids the person al
'cted from holding seat in the National
legislature. but Is silent as to seat il
le State Legislature-erpressio uaius est
ccLuStO UIteriuS.
Penal and disabling provisions are TO he
)nstrued strictly, and must be extended
further than their literal import. The
Inge, therefore. for the selection OF car
dates, if this reasoning be correct. Is
lder than many have imagined.
Raleigh Sentinel
Coed for CoIfax.
Vice President Colfax deserves well Of