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About Weekly constitutionalist. (Augusta, Ga.) 185?-1877 | View Entire Issue (July 22, 1868)
Mr. Candler offered a resolution appointing a committee of seven, whose duty it should be to take into consideration the eligibility of members embraced in the message oi the Gov ernor and report an an early day. Mr. Harris moved to take up the message of the Governor, which, being agreed to, the same was referred to a special committee. Mr. Burns rose to inquire if the Senate in tended to abide by its rules, and made a motion that the Senate abide by them. No action. The motion of Mr. Harris was decided by the Chair to virtually exclude the resolutions of Mr. Candler; and on this decision Mr. Candler rose and urged that the President should not be au thorized to dictate to Senators otherwise than what the rules prescribe. He understood what was the object of these resolutions. The honor able gentleman. Mr. Harris, should not sit here in judgment upon his own case. I speak from facts. The Senator is ineligible, and I charge that the mover of this resolution wishes to be the chairman. Mr. Harris—l would not serve. Mr. Candler—l am glad of it, but he wished no one as a substitute for the place sought for name anv Sen’>tor near me who is guilty of holding his seat unlawfuly. I am prepared to vote to turn him out, but I demand that my vote shall apply equally to you. We come here to restore the relations existing between us and the General Government. 1 have heard, from rumors on the streets, that you are wait ing and waiting for your relief from Washing ton. Have Georgians sunk so low, so degrad ed, so steeped in tilth, as would seek aid from those who are outside of your midst ? What is your objection, Senators ? Do you not want inquiry made as to your eligibility ? My reso lution covers the ground, and I appeal to those who know me if my intentions are not honest. I trust we will meet the suggestion made by the military, by your Governor, and appoint a committee'this veiy hour. Let us hasten matters now and go to work for the good of the country. Mr. Hungerford (Rep.) agreed with the Sena tor that justice should be done, and 1 judge lie alluded to myself in his remarks. Mr. Candler—l never thought of you. Mr. Hungerford continued as to the justice and equity by which we should be governed. I wish to go by the laws, as before stated, which govern the land. I hope that all Sena tors here will throw away all party spirit and deal justly, by which means we can accomplish good results. He cared not which party a man belonged to; if he is honest and has his coun try’s interest at stake he should have his dis abilities removed. Mr. Candler—You are right. Mr. Hungerford—Let us go to work and ac complish good results, irrespective of party. Mr. Winn (Dem.) rose and differed with the President in deciding that one resolution w\as similar in nature to another, and could there fore not be entertained, but it was for the Senate. He said that the Hon. Senator (Mr. Huugerfoid) had admitted that the military order was an unfair one, and the Radical side of the— The Chair here called the gentleman to order, because he bad no right to class a military order as unfair. Mr. Harris (Rep.) rose to a point of order, whether two resolutions of the same subject matter could be referred to two different com mittees. Mr. Candler said that a motion was made and carried simply to refer the message to the special committee, while bis resolution directs the committee to do exactlv as the military directs. 1 ne Chair decided that the resolution reported by Mr. Candler was in order, and the Senate would coniine itself to the same. Mr. Adkins rose to address the Senate, when Mr Holcombe made a point of order that Mr. Winn had the floor, which the Chair decided the point was well taken. Mr. Higbee (Rep.) moved to lav the resolu tion on the table. On deciding the question, a division resulted in yeas 21; nays 21. The Speakea said that he would decide in the affirmative, whereupon the yeas and nays were called for, and resulted in yeas 21: nays 22. Mr. Nunnally said that he hoped that no feel ing in this matter would manifest itself, and hoped that the. resolution would be adopted. 1 He tailed for the previous question, which was not sustained. Mr. Spear Rep.) moved that the resolution be referred to the committee contemplated by the Senator from the 27th. Mr. Candler rose to a point of order, which the Ct :r decided not well taken. Mr. Harris (Rep.) reported a resolution that the committee appointed on the Governor’s M ss ge b ive the] to '• *s gate II mat ters pertaining to eligibility of Senators, and to send for persons and papers—reporting at an e rly lay. The committee appointed are Messrs. Har ris, Welch, Higbee. Nesbit, Hicksand Atkins. Mr. Harris begged that Lis name as chair man be substituted by another, which being granted, the Ch ir appointed Mr. Smith, of the 7tb. in his stead. * • Mr. Candler again rose, and made an able effort iu support of his original resolution. He took occasion to thank some men who, though opposed to him in party, yet walk so boldly in defense of justice and right. This thing should be Investigated, and the result known as to the authors of the consequences which may ensue. Let Senators come up in substance to the issue, and the people, from the mountains to the sea board, will demand of you what you have done. - Bradley (colored) said if he had the finishing of these things, he never would put the test.— Who are they to purge us ? Is it composed of men who ore not purged themselves ? Should it be a recruiting officer of the rebellion ? “ Old men for counsel, young men for war.” Can the Senator (Mr. Candler) stand the test? And before this committee should decide on our case, we demand that they should be purged first at the desk. Mr. Holcombe said he should abide by the golden rule, “do unto others as you would have them do unto you.” His effort in support of the resolution of Mr. Candler was an able One, and from its tenor wejudge be wished to take no advantage of any of the Republican Senators, and he closed by stating that, if the result of these investigations should be in fa vor of his party, he should never let such an advantage actuate him in doing justice. Mr. Brock offered a substitute for the whole, in substance, that a committee of ten be ap pointed to inquire as to the eligibility of mem bers, and no one shall serve on the same who took an oath previous to the war to support the Constitution of the United States, and after wards engaged in aiding or abetting said rebel lion. Campbell (col.)said if the Senate would make the number nine, instead often, he would sup- . port it. Bradley (col.) roje to his point of order, that ' no substitute to a substitute could be enter tained, according to Cushing’s Manual. The Chair decided that the point was not well taken. Mr. Brock withdrew his amendment. Mr. Spear moved the previous question, which was sustained, and the main question ordered to be put, which was the resolution offered by Mr. Harris—upon which the yeas and nays were called, and are, yeas 24, nays 19. Mr. Winn asked leave to be relieved from serving on the committee on the case of Brad ley. Granted. Bradley (negro) requested to have a copy of charges preferred against him,. Referred to the special committee on his case. A memorial was receivedffrom Mr. Landrum, contesting the seat of Mr. Richardson. Refer red to the Committee on Privileges and Elec tions. Mr. Welborn reported a resolution ih refer ence to furnishing the Senate with certain docu ments. The Senate adjourned until ten o’clock Mon day morning. Atlanta, July 11, 1868. SENATE. There was no session of the Senate to-day. HOUSE OF REPRESENTATIVES. The House met pursuant to adjournment speaker McWhorter in the Chair. Prayer by Rev. Wm. M. Crumley. Roll called, and while the minutes of the previous day were being read, (as the Clerk reached the resolution of ! Mr. O’Neal, as adopted yesterday)— Mr. Phillips, of Echols, arose and gave I notice that he should move for a reconsidera- I tion of that resolution, which motion was jseconded by Mr. Scott, of Floyd, who supported the iho i tion in a speech of about two hours. i Mr. Anderson, of Cobb, followed Mr. Scott in remarks of ten minutes duration favoring the motion of reconsideration. Mr. Bryant, of Richmond, followed in op position to the motion until the hour of ad journment arrived, when the Speaker’s ham mer fell, and the House was declared adjourn ed until Monday morning, at 10 o’clock. Atlanta, July 13. SENATE. The Senate met pursuant to ad journment, and was opened with prayer. In order to give the committee on the eligi bility of members further time, on motion of Mr. Spear, the Senate adjourned until Wednes day morning, at 10 o'clock. HOUSE. The House met pursuant to adjournment. Prayer by Rev. Mr. Spilman. The unfinished business of Saturday was re sumed, when Mr. Bryant took the floor. He wished to speak to the remark that this ques tion was sprung upon the General Assembly, and that we were elected prior to the passage of the omnibus bill. He said we were a Provisional Government, we can’t pass any valid legisla tion till we shall have satisfied General Meade and ourselves there are not any members on this floor who cannot take the oath required by 3d section 14th article. We are told by the gentleman that the chivalry of the North would come down and assist us. We know how they came in 1860; they made a great noise—they or ganized, they met and drilled, and when the last call was made, they called on him (Bryant) to aid them in getting up substitutes. That is the way they came then—they came with Union and victory emblazoned on their banners. They come now with Grant and victory emblazoned on their banners. No man who knows the real chivalry of the North, that they are going to place such a man as Seymour in the Presidential chair. The time was when good men of all parties would stand together, to put down bad men. Parties are so evenly balanced that none but good men can be put in the lead. No good measures can be advanced by bad men. I hope we will go on with this good work till it is completed. The dark cloud has been for years past, but it is clearing off and the silver lining can be seen. The charge, that the Governor of this State is a particeps criminis to fraud, I trust that this will be disclaimed by the other side of this House. He is a generous, good man. Let us allow our Governor to develop his policy.— j Let us trust him till he deceives us. The gen ; tieman says he will be put out by bayonets— . will go to the barracks. 1 can’t believe bis I party will go with him. If he is willing, and insists, we will rally the Union men from the : mountains to the seaboards, under the great man whom the State has often honored ; we will rally the black men, and at the ballot-box will bury the gentleman on the other side, with ' all his adherents, in the chasm such as he said ' was filled by certain men at Rome. Mr. O’Neal, of Lowndes. He valued his own ■ political opinions, but he did not think the ■ people oi Georgia were willing to pay such a price for them as the length of this discussion i indicated. i Why this motion to reconsider ? Gentlemen • say it is to facilitate. Now, gentlemen, don’t deal ! in theories, don’t deal in politics, don’t deal in i chasm, but come and show how you intend to I shorten this matter. I had intended to follow ; the gentleman in this tortuous windings, but j having been notified that the rules would be ■ enforced, I am glad lam not forced to the Herculenian task. He said if the Commanding General and Gov. Bullock intended to use coercion, it was coercion of the law. Strange that the gentleman from Floyd should say that he and bis people should be bound to take any oath but the one prescribed by a constitution which he and his people said was made by an unconstitutional body, and was no constitution. The gentleman blowshot and blows cold. Gen. Meade means something; he means the acts of Congress are constitutional, and he means to see them executed. He read from the supplemental bill, and ar gued that a member of the Legislature was an officer. The gentleman says Congress h is no right to impose conditions as to eligibility of members of the Legislature. He denied this position, and said the new constitution itself authorizes Congress to make any changes, and also to st: pul.de terms, cce. As to the removal of dis abilities of members on this side of the House —he was not Congress—if Congress should think proper to pardon A and not B, it was no business of his. I suppose he meant to -ay: Fellow-citizens, here am I, the pear! of great price, and am about to cast myself into the chasm. Well, if he should do so, I pre sume the country would go on, &c. Mr. O’Neal closed by calling the previous question. Mr. Shumate asked him to withdraw for a ; moment, when he pledged the Democratic party to a conciliatory course. . Mr. Harper, of Terrell, said he desired to direct the attention ol the House to the ques ■ tion before the House. He was opposed to bringing so much polities into this House. He wanted to bear no war speeches, now the war was over. His purpose in this House was to do the best be could for his country. The gentleman from Richmond said this side of the House was led by a man who Lad once de sircyed she Government—would like to know his authority—was it a white man or a nigger? The gentleman is very brave—he wants peace, - but pronoses to marshal the blacks and give war. Now he wanted no war; but if the other side wanted war, give notice and we will meet them here any night and give them the best fight we can. He presumed all men to be honest till proven otherwise. The gentleman had read a power of attorney in the Constitution to authorize Congress to change the Constitution. He had not given any such power himself. While he knew some of the members on the other side, and knew them to be honest and eligible, yet he feared there were some who mioht be put on the committee who would con sider a “carpet-bag ” ample evidence of eligi biiity. He was willing that both sides should be sworn in terms of the third section and four teenth article of the constitutional amendment. It would facilitate the investigation. He did not wish to but his head against military or ders. Gen. Meade had given the order, and he believed he would carry it out. if there is any fraud in this transaction, bis plan would answer the purpose. If this is a party measure, of course his plan does not suit. Mr. Phillips claimed the floor, but it was awarded to .Mr. Shumate, who, after a few re marks, renewed the call for the previous ques tion, because he had so promised O’Neal, if he would consent to withdraw the call for a few minutes. The call was sustained, and the vote taken by yeas and uays, and resulted in yeas 79, nay The Speaker announced the committee, viz: O’Neal, of Lowndes, Shumate, Harper of Ter rel), Bryant, and Lee—three Republicans and two Democrats. Messrs. Williams, of Morgan, and Lane, of Brooks, both handed in resolutions adopting the 14th article, but they were not read, as there was at the time a motion pending to ad journ. The House refused to take up and consider a motion to print 300 copies of Governor Bul lock’s message and accompanying documents. The House also refused to consider a resolu tion from Mr. Hill, of Meriwether, limiting speeches to 30 minutes. The House adjourned to 10 o’clock Thursday morning. Wednesday, July 15, 1868. SENATE. The Senate met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Smith, of the Senate. Mr. Higbee, from the committee on eligibil ity, offered a resolution in reference to the offi cers of the Senate, which was agreed to. Mr. Candler reported a resolution requesting the Provisional Governor to transmit to the Senate all documents in his possession in refer ence to members holding their seats under the fourteenth amendment at once. Mr. Higbee moved to amend by striking out the words “at once.” Mr Candler objected on the grounds of de lay, and urged that the committee report at once. It was due to the Senators who were Tinder charges that this investigation be gone through without delay. Mr. Higbee urged his amendment ; besides, the committee had power to send for persons and papers, and no doubt could do so. Mr. Candler stated that the committee had virtually left this to the Senate, aud he feared that they did not wish to take the responsi bility. Mr. Campbell (colored) opposed the resolu tion on account of its not being becoming to such a dignified body. He hoped the Senate would be consistent at least. Mr, Adkins favored the amendment on the grounds taken by Mr. Higbee. Mr. Smith, chairman of the committee, de sired the documents, and wanted the commit tee Jo report at as early a day as possible. He desired a resolution of such a nature, and he simply wished the Governor to know that we wished these documents at an early day. He thought, with all due respect to the Senate, that these documents should be forthcoming. Mr. Higbee called for the previous question, which was sustained. The amendment of Mr. Higbee was lost. The resolution of Mr. Candler was agreed to. A motion having been made to adjourn until Friday, Mr. Holcomb moved to amend by inserting “ this day week” instead of “ Friday.” The amendment was lost. The yeas and nays were called on the origi nal motion, and were—yeas, 22; uays, 20. Bo the Senate adjourned. ■ Thursday, July 16,1868. HOUSE. The House mot at 11 o’clock, and was opened with prayer by Rev. Mr. Spillman. Mr. O’Neal reported that the Committee on Eligibility would be ready to report on to-mor row, and that the report would be such that he thought the House could act upon it in a short time. He had high hopes that the report would be unanimous. He therefore moved that the House adjourn until 10 o’clock to-morrow morning, which was agreed to. Friday, July 17,1868. HOUSE. House met—prayer by Rev. Mr. Spillman. Mr. O’Neal presented a majority report, which reads as follows : Mr. Speaker: The undersigned,majority of the committee to whom was referred the in vestigation of the eligibility of members of this House, beg leave to report that they have examined, under oath, all the members except ——, and of those examined they find two in eligible, viz: W. T. McCullough, of Jones county, and J. M. Nunn, of Glasscock county, and recommend that they be so pronounced by this House, that their seats may be vacated, to be occupied by whomsoever may be legally en titled thereto. Our reasons for this report are to be found in their affidavits and the law. In a large majority of cases, the members having, by their oaths, rendered themselves clearly eligible, it was not thought necessary to reduce their answers to writing, whilst, in a number of eases in which the committee had doubts, it was thought advisable—all of which will fully appear by the affidavits herewith pre sented. And we further recommend that the final action of this House, together w ith all the reports, as well as the affidavits, be transmitted without delay to bis Excellency, the Governor, that he may communicate the same to the Gen eral commanding. In reference to such members as have not been before the committee; we can only say that we will report thereon as soon as possible. (Signed) John W. O’Neal, J. E. Bryant, Augustus 11. Lee. « Mr. Shumate offered a minority report, which is as follows : Mr. Speaker : Barring any' discussion and I any expression of opinion as to the constitu tionality of the Congressional reconstruction scheme, or as to the propriety of applying the tests prescribed in the .3:1 section of Hie pro posed constitutional .amendment, known as ar ticle 14, to officers and members of the Legis lature of any State, before said amendment has become a part of the organic law of the land, the.undersigned, a minority of the committee raised by the House under a resolution adopted on the 13th instant, respectfully submit the following: Ist. That, in our opinion, members of State Legislatures are not offices, iu the meaning of that''rm as- it occurs in the Constitution of the Unite 1 St ites and the pronosed amend ment, and in the reconstruction acts, and that the tests of elijbilii.y to office prescribed in said amendment cannot proper!}’ be applied to members of this House; tut as the General commanding this military district entertains a different view of the law, and has directed us to act upon his view, we desire merely to raise the point above made, and do no not purpose to discuss it in this report. 2d. Inasmuch as the right to vote under the said reconstruction lawsis more restricted than the right to hold office under said proposed amendment, and as all persons entitled to vote under said laws are also entitled to hold office under said proposed amendment; and inas much as boards of registration were appoint ed by order of said laws, whose province it was to admit parties to registration as voters, upon their own oaths, scrutinized in the light of surrounding circumstances, and of such additional testimony as might be adduced in doubtful cases, and as those boards perfected their tests of registered voters under the direc tion and control of the General commanding the district ; and as those tests thus perfected have been returned to the General commanding, and after having been closely silted previous to the last two elections held in the State, have been acquiesced in by the General Commanding as correct. It follows that as to ali registered voters, and we believe there are no others claiming seats in the House, their right to vote and to hold office has been determined affirma tively, and that too by the authority authorized by law to determine these questions. These questions, then, having been determined by the board of registration, who went into the in vestigation in the communities where the appli cants for registration resided, and where all the facts were ascertainable, we are of opinion that the decisions arrived at by said board are greatly more reliable, and much less likely to do injustice to par ties than any decision this' House, witii its limited means of information, can reach ; and that the decisions of those boards ought to be accepted as conclusive, ought not to set-aside without proof most irrefragable and convinc ing, especially when it is remembered that whenever a decision of a board of registration is overruled by this House, perjury may be im puted to the party declared ineligible. More over, it is fair to presume that it was the con clusion of those charged with the responsibili ty of executing the laws aforesaid, that the members of the House to whom, on the 14th instant, was administered the oath prescribed by law to be taken by members of the Legisla ture, were eligible to their seats, and that the solemn and imposing ceremony of organizing the House, under the eye of the General com manding, was not a meaningless ceremony, but was a solemn adjudication of the eligibility of each member who appeared at the bar of the House and took upon himself the obligation prescribed. This body is required to apply to its several members the tests prescribed' by the said proposed constitutional amentment. In so doing, we do not see how we can safely go behind the decisions already rendered, and if, in the faithful observance of said require ment, the House shall affirm in every instance the decisions of said Board of Registration and assent to the adjudication implied in the organ ization of the House, thereby retaining the chosen representatives of the people, we should regard it as an exceedingly fortunate circum stance, and cannot hesitate to believe that it will be accepted by the General commanding as a final disposition of the matter. 3d. Every member of the House whose eligi bility is questioned, should be presumed to have fulfilled, and to fill all the requirements of the law and to be eligible to his seat until the contrary clearly appears, and as resort has been had to the conscience of each member to ascer tain the facts in his particular case, full cre dence should be given to all he says, until his testimony shall have been clearly rebutted, not only as to the acts to which be testifies, but also as to his intent in doing said act ; for there must be a concurrence of act and intent to work disqualification under the law. Further-< more, the state of facts which will disqualify a member from holding his seat on this floor might also convict him of treason against the United States. This language, which occurs in the proposed constitutional amendment, “ en gaging in insurrection or rebellion against the United States, and giving aid and comfort to the enemies of the United States,” is substan tially the same as that which defines treason in the Constitution itself; and hence by familiar rule ol construction, it means treason. We should be exceedingly cautious in finding a state of facts which would fix upon any citi zen the hichcst crime known to the law, so far as our finding of the facts can fix it. 3d. The General commanding has not chosen to apply in any arbitrary manner the tests pro posed ; he has chosen to decide, or even give an opinion upon the points of law involved, but has, with a respect for the House which we cannot fail to appreciate and reciprocate, re ferred the whole matter to this House, declar ing it not to be bis purpose to dictate how or when it shall apply tests to its several mem bers. The House being untrammelled in this work, is to ascertain the facts and apply the law in each particular case. We are constituted judges of both the law and the facts. The questions iu every case to be decided by the House are these: Ist. Did the party, prior to the late war, as a member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, take an oath to support the Con stitution of the United States ? 2d. Did he, after taking said oath, engage in insurrection or rebellion, or give aid and com fort to tl* enemies of the United States ? All the members and officers (including the clerk) of the House who have been before the committee, except those hereinafter named, are elearly eligible according to these tests, in the unanimous opinion of the committee, and we recommend that all who have been before the committee, except those hereinafter named, be regarded eligible without any action being had upon their cases. In the following cases your committee could not agree, having differed as to what constituted engaging in rebellion, and giving aid and comfort to the enemies of the United States. We have sifted the con science of the several parties for the facts, and have taken as our guide upon the law, the ex-, position of the identical law under considera tion, given by the highest low officer of the Government, Attorney General Stanbery. We have selected this exposition because it ema nates from a legal mind, entitled to the highest respect, and a man whose official duty it was to expound said law. Moreover, the Congress of the United States having legislated upon the matter since said opinion was published, and not having seen fit to overrule it, in the par ticulars upon which we rely, has in effect ad mitted its correctness. This opinion is sustained by all the elemen tary law writers, aud adjudicated causes to which we have referred, aud we are of opinion that no reliable law writer can be found who entertains a different opinion ol the meaning of the phrases engaging in rebellion, and giv ing aid and comfort to an enemy. We may add that the majority have proposed no other exposition of the laws for our consid eration, emanating from any source higher than themselves. With all due deference to their opinion, we prefer to recommend the House to be governed by the opinion of a great and pure lawyer and statesman, sustained by the ablest law writer of the age, than to follow their own crude and imperfect conceptions of an intricate and very important law, or even to be guided by the legal opinions of a majority of your committee. We quote the sections of said opinion, mate rial to a correct understanding of the law of cases’hereinafter appearing, to wit: (See Stan bery’s exposition of the reconstruction acts, sec tion 16.) Measured by tins standard, no one of the cases comes up to the idea of having given aid and comfort to the enemies of the United States. The facts of the case of Wm. T. Mc- Cullough, of Jones; J. M. Nunn, of Glass cock, and John Long, of Carroll, are as fol lows : (Here the affidavits were read.) In the case of John Long we are glad to statQjhat Mr. A. H. Lee concurs in our opin ion. As the facts in the cases of the two gen tlemen first mentioned are dissimilar,' of course we should sever the cases, and every member of the House exeept the one whose case is under consideration and those who may have been declared ineligible, are entitled to vote. We. recommend that the following resolu tions be adopted in the order in which they oc cur : Resolved, That John Long, of the county of Carroll, be declared eligible to a seat on this floor. Resolved, That Wm. T. McCullough, of the county of Jones, be eligible to a seat on this floor. Resolved, That J. M. Nunn, of the county of Carroll, be eligible to a seat on this floor. J. E. Shumate, F. AL Harper. Mr. Bryant presented another minority re port, which reads as follows : Mr. Speaker: The undersigned, a minority’ of the committee to whom was referred the in vestigation of the eligibility of members of this House, beg leave to report: That they find John Long, of Carroll county ineligible; and they submit the following rea sons for their opinion, to wit : Mr Long prior to the late war, held the offices of Justice of the Inferior Court and Clerk of the Superior Court, and took an oath to support the Consti tion of the united States. During the rebel lion he held the office of County Treasurer. The important question to be settled is, Did Mr. Long give aid and comfort to the enemies of the United States by holding the office of did Unly Treasnrer ? Ibc uud ersigned think be Bouvier gives the following definition of “aid and comfort.” These words import, “ help support, assistance, countenance, encourage’ ment.” The word “ aid ”is explained by Lord Cooke as comprehending all persons “ coun seling, abetting, plotting, assenting, ing, and encouraging to do the act.” Mr. Long, by holding the office of Treasurer most certainly did help, assist, support, and coun enance a government which was set up in opposition to the Government of the United States, and by assisting that Government he most certainly did aid the rebellion, for these governments were as necessary to the rebellion as the armies which they organized, and espe cially as it was not necessary for him to hold' said offices to keep him out of the armv. He therefore, held it of his own volition, and in =o doing made himself a component part of the government in rebellion to the United States. J. E. Bryant, J. W. O’Neal. Mr. Caldwell offered a substitute for all the reports. After a preamble stating the facts as to 'he cause of investigation, and the whereases as to the progress of the same, he closes with this resolution : Resolved, That the report of said committee be, and the same is hereby, referred to his Ex cellency, the Provisional Governor, with all the evidence and documents thereto. Withdrawn. Mr. Crawford moved to postpone the matter and make it the special order for to-morrow’ and that Mr. Long, of Carroll, be put on trial first. Mr. Crawford proposed to amend his resolu tion so that it may read : The House will pro ceed at once to the trial of John Lon<>- whois Sffiilit?.° ne ° f thG minorit - v reports with The Speaker decided that the minority re port, charging no one with ineligibility,was first in order. Mr Bryant addressed the House at some length in opposition to the minority report and in lavor of the majority report r He was replied to by Mr. Shumate in an ar gument of one hour and a half, and was rapped down. 1 ‘ The hour of adjournment having arrived he concluded. So the House adjourned till 10 o’clock, a. m., to-morrow, when Mr. Shumate has the floor. e SENATE. The Senate met pursuant to adjournment and was opened by prayer. A communication was received from the Provisional Governor, which was taken up and read, the same having reference to the resolu- tion passed Wednesday, calling upon him for documents and papers on eligibility. Mr. Candler moved that the message and ac companying documents be laid on the table, which was agreed to. Mr. Smith, chairman of Committee on Eligi bility, made a report. The committee in their report find none in eligible. Mr. Higbee moved that it be re-committed, inasmuch as the documents transmitted by the Governor should be before them. Mr. Smith, Chairman, said that the report was a fair and impartial one, and that they had done all that was required by the resolution, and had looked into the eligibility of Senators, had deplored the confusion of the past few days, and wished to go to work and do the business before them like honest men, and stop all wrangling. Let us do what our honors find to do, and then do it with all of our might. He was willing to do all he could, but this matter had gone far enough, and lie wished that Sena tors would act now, and relieve the committee from all further action; he, therefore, opposed the motion to re commit. Mr. Smith spoke at length, and his main object seemed to be to try and get the Senate to act at once and adopt the report oi the committee, whom he was gratified to know came to the conclusion so harmoni ously. Mr. Higbee, one of the committee, said that, the only time that the Governor could send in the documents was to-day, and that the action of the committe was premature. As to the honesty of the report, he did not doubt it; but he thought that the documents should have been brought before the committee, as they were called for that purpose. Mr. Campbell (colored) did not desire, if there was an apple of discord wrapped up in those papers, he did not wish it to be brought before this body. He thought if these papers were necessary, how could the committee have arrived at a fair and just conclusion ? This being the first session since the resolution passed requiring the papers, how could the Governor have transmitted them ? As we are assembled for the purpose of restoring the State to her original position, we should not, just in the beginning, create scars and wounds of the body politic. Some thought that the way to heal wounds was to do so with all the corruption in it. His idea was that the most feasible plan was to first get rid of the corrup tion and then apply the healing salve. If these papers are withheld from the committee, and they might possibly change the result, then the committee had not made a report which the case demanded. He was willing they should remain even four or five days as a committee, provided it would be the means of bringing about a just result. There is even now a differ ence of opinion among the committee, and how do we know but that the dissension might be healed by the light thrown by the papers called for and sent to them ? He hoped that the re port would be re-committed. Mr. Candler said he regreited very much that there was a desire to discuss this matter. Every word said by the chairman met with a i hearty response in his heart. The message had never been before this committee, and the doc uments simply consisted of protests of certain I parties in reference to election returns, &c. All i were before the committee, and 200 pages of written evidence was taken in one of the cases, and only a few pages had any reference to the eligibility of members here, as prescribed by the 14th amendment. All the witnesses were present. Both sides were represented. No good can result from further delay, and it would produce, possibly, an angry discussion ; and when it does open, there will be just as ’many bard licks on the one side as the other.— He therefore hoped that the report would be adopted, and any further delay would retard the very object which many say they want —re- ■ construction. He would say, and the commit tee would agree with him, that, with but few exceptions, all the witnesses sworn added but little to the evidence sworn to by the members | themselves. Mr. Higbee desired to state that the Senate I could not ignore those papers, and some of them were from the Genera] commanding, and it angry words arose, it would be from the Senator from the 34tli himself. He concluded : by calling the previous question, which was I not sustained. Mr. Atkins said we should treat the Governor with all due courtesy still, as the committee had investigated the matter. Mr. Burns calle.! the attention of Senators to what Governor Bullock said on the day of or- gan’zation, that those who’ could take the oath prescribed under the 14th amendment, and every member came forward and subscribed to it, anil any one found guilty could be treated am’ tried as the laws of the State directed. He hoped that every member here would reflect what would be the consequences if this were made a strict party issue. He came here pre pared to co-operate with every honest man who would unite with him in carrying out the wishes of his constituents, and legislate for the good of the country. We have been here fif teen days, and what have we done ? Nothing. If this constitutional amendment has to be adopted, let it be done. If not, let us go home and stop the expenses being incurred. If ihe worst comes to the worst, he was in for the fight, a war to the knife: he meant political war ; and, by-the by, he was not a bad hand at the other. {One or two cries of order, scarcely audible.] Mr. Burns desired that we shdu'd co-operate, and discharge the duties incumbent upon us. Mr. Brock spoke in favor of having the whole matter thoroughly investigated, and the Senate purged. He thought that it would be best to re-commit the report, as it would tend to promote the harmony of both parties. He apprehended no war himself. Mr. to an explanation. He start ed out, prefacing his previous remarks with a desire to act with harmony ; but he would re peat it, that if gentlemen would not so act, he was in for the political fight ; aud he had even talked to Senators on the subject of harmony, some, however, will never agree to desist, but would prosecute to the last extremity. Mr. Hinton spoke at some length in favor of the adoption of the report. He could see no reason why this delay, provided the committee had done its duty, and there was no necessity of forcing medicine upon a healthy individual. The committee was an honest one he thought, and, in a spirit of Christian kindness, he begged that the report be adopted, and let our voices be heard as Senators discharging the duty due the country. Mr. Smith (chairman}' spoke at length in support of the report. The effort was an able one and had a marked effect upon the Senate. Mr. Adkins said “of the two evils choose the least.” He came here with a minority re port as one of the committee, and in view of the respect due the Governor, he would now vote tor re-committal. He did not think it would take long to run over the documents. As it was near the hour of adjournment, he called for the previous question, which was sustained. liie main question being 6n re-committal, the yeas and nays were required, and were—yeas, 13; nays, 32. A minority report was read from Mr. Ad kins, also Mr. Higbee, which last includes about one-fourth of the Senate. Mr. Speer moved the adoption of the majori ty report. Mr. Higbee moved the adoption of the re port of the minority submitted by himself, ac companied by a motion to adjourn, which lat ter was lost. Among the names of Senators mentioned by Mr. Higbee’s report are Messrs. Richardson, McWhorter, McCutchen, J. Griffin, Jas. Moore, Harris, Graham, and officer Mills, Journalizing Clerk, also E. Thorn, Doorkeeper. Mr. Higoee supported the report by remarks giving the reasons which actuated him, reading each name distinctly, and the charges against them. Mr. Candler replied at length, and defended each member mentioned against the charges. Among them Mr. McCutchen, who was a county’ surveyor, and held the same in 1861, resigning in 1862. Mr. Candler said that the testimony was conclusive as to the intense love that the gentleman had for the Union, and at one time the flag of the Union had to be raised over him for his protection. This is as fair a sample as any reported by the minority. Mr. Smith stated that all the members men tioned by the report had been relieved by Con gress, save two—Messrs. Graham and Collier— and no matter what we may do, we cannot alter it. Mr. Adkins moved that the evidence be read in the cases of members who were mentioned in the minority report, which was lost. The previous question was called for and sustained, which wag the ronnrt . as a substitute for that of the • C m,,,orit y The substitute was lost ma J orit y- A motion to adjourn was disagreed to that a committee’be^pp’o’med’jo s f l ’ b9Unce Governor that the Senate i>, i IDfor m the E or thc majort,,. Senate, together with the evidence ° f t & e ted to the Governor, and that wove nnw nßtllll ‘ erly organized and reaav ProP munications that he might wish to ma™/ C ° m ' Mr. Winn thought that this was nn . way to have us brought in andTevicwert t d r CCt General Meade. Shall we sav tn u Gfore review all the facts in the case of S J It is the duty of subordinates to hear 1» order ro Mltk tlle queMl(>n tailed. PreVi ° U 8 question was ca ßed for and sus- The substitute was then agreed to ‘’-“’"O’ The Electoral Bill. The following is the joint resolution of Congress regarding the electoral vote of the Southern States: Resolved, That none of the States whose in habitants were lately in rebellion shall be enti tled to representation in the electoral colleire tor the choice of President and Vice-President vr tllc U nlte( l States; nor shall any electoral ° tes be received or counted from any of such 8 ates unless, at the time prescribed by law for the choice of electors, the people of such State IhYiVh' nt to .^ e ac . ts 01 Congress in that behalf shall have, since the 4th day of March, 1867 adopted a constitution of State government under which a State government shall have been organized and shall be in operation ; nor unless such election of electors shall have been held under the authority of such constitution and government, and such State shall have also become entitled to representation in Co nor ess the acts of Congress in that Imbalf: Protided, that nothing herein contained shall be construed to apply to any State that was represented in Congress on the 4th of M irch, The Washington correspondent -of the Baltimore Sun, in his letter of the 13th I inst., says: The bill or joint resolution in relation to the electoral votes of the Southern States has final ly passed both Houses, and was immediately enrolled ana presented to the President last D ’.-rJ he Senate, at the earnest solicitation of Mr. Trumbull and Mr. Sherman, excluded h’om the provisions of the bill Arkansas and r lorida, whose Representatives are now sittins in both houses, but the House of Representa tives was afraid to trust these two States, and in effect put them back in the bill by striking out the clause “and which States are not now represented in Congress.” The insertion of the proviso “ that nothing herein contained shall be construed to apply to any State which was represented in Congress on the 4th of Marell, 1867. The Senate, late yesterday after noon, sanctioned the action of the House, but by a small majority. The reason given for the passage of this new Radical scheme was that the Johnson (so-called) governments might attempt to bold elections for electors of President and Vice-President, aud to prevent any misapprehension or confu sion it was necessary to proclaim beforehand that no election would be regarded as valid un less it occurred under the Congressional gov ernments. This excuse has not even the merit of plausibility. There is not a trace of the governments set up by the President left in either North Carolina, Arkansas or Florida, nor in three months from now will there be in any of the other States of the South. The only object of this bill is to secure the entire South ern electoral vote for Grant. By another bill passed yesterday the Freed mens Bureau is continued in all "these States until the first of January next. The. present Radical Commissioner, General Howard, is placed beyond the President’s power ofremoval, and in case he should die, then his Adjutant General, Whittlesey, who is as “ sound” as he “on the goose,” is to succeed him. Ail this is, of course, elearly outside the Constitution, but what does that, matter? General Howard is > expected to vote the negroes “ early and often.” The Radicals think that there is no doubt that I the Bureau will do the work effectually, but : there is a probability of failure, and hen.ee, to guard against all accidents, this electoral bill has been engineered through. If by hook or crook the electoral votes of the ten States are ostensibly thrown for the Radical ticket, well and good ; but if there should hap pen to be a fair expression of public sentiment, and any one or more of the .States should go for the Democrats then its or their vote will be thrown out. Some of the members wanted also to include Tennessee iri the bill, but they were soon satisfied by the members from that State that, under Brownlow’s manipulations, there was no earthly probability of anything going wrong in his principality. The constitutional time allowed the President to return this bill will not expire until the 23d, two Sundays intervening, aud Congress will not adjqurn until he returns it. Some oi the President’s friends think he will not keep the bill any longer than is necessary to prepare bis veto, as he has no desire to put any obstacle in the way of an early adjournment, if we were not satisfied by past experience how individual . opinion bends to party discipline, there might be some hope that Mr. Trumbull and other Senators, who opposed this bill, would sustain a veto. Ths National Executive Committee. The following is a full and corrected list of the National Democratic Executive Commit- Alabama John Forsyth, Mobile. Arkansas John M. Harrell, Little Kock. CaliforniaJno. Bigler, Sacramento City. Connecticut Wm. M. Converse, Franklin. Delaware James Ponder, Milton. Florida Charles E. Dyke, Tallahassee. Georgia A. H. Colquit, Albany. Illinois Wilbur F Story, Chicago. Indiana Win E. Niblack, Vincennes. lowa Daniel Finch, Des Moines. Kansas ... I. E. Eaton, Leavenworth City Kentucky.’.'T. C. McCreary, Owensboro. Louisiana James McClosky, N. Orleans. Maine Sylvanus R. Lyman, Portland. MarylandOden Bowie, Prince George’s. Massachusetts.. .Frederick O. Prince, Boston. Michigan William A. Moore, Detroit. Minnesota Charles W. Nash, St. Faul. Mississippi Charles E. Hooker, Jackson. Mi=souri Charles A. Mantz, St. Louis. NebraskaG. L. Miller* Omaha. . NevadaJ- W. McCorkle, Virginia City New Hampshire. Harry Bingham, Littleton. New Jersey John McGregor, Newark. New YorkA. Belmont, New York City. North Carolina. .Thomas Bragg, Raleigh. OhioJno. G. Thompson, Columbus Oregon.'.. .J. C. Hawthorne, Portland. Pennsylvania.. ..Isaac Heister, Lancastei. Rhode Island.. .Gideon Bradford Providence. South Carolina..C. H. Simonton, Charleston. Tennessee John W. Leftwich, Memphis. Texas John Hancock, Austin. Vermont'.’.’.’ ...H. B. Smith, Milton. Virginia.... .... John Goode, Norlolk. West Virginia.. .John Hall, Point Pleasant. Wisconsin Fred. W. Horn, Cedarburg. To Raise Watermelons Without Seed. —The following plan has been successfully adopted by a planter in Caddo parish, La.. After the vine is about two feet long, cover the vine at a point intermediate between the root. After it has taken root where it is covered, divide the vine between the old and new root, and the result will be that the melons will be seedless, without impairing their quality. Ismael Pacha, the Viceroy of Egypt, has mar ried the daughter of Abdul Medjid, the Turkish Minister.
