New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1856-02-01
FRIDAY MORNING, FERRUARY j, {s56.
.qNsn Orlealrs 1ailg Crescent.

Nsb Odeans 1ailu Crestert.
8g52.s.. The ster sGtamber. Vi ,~.&
t.5 FtFromthe Baton Rouge Gazette, JAN %. ~ .r
The proceedings in the Senate Chamber on the 18th
inst, regarding the election of Senators from the
city. recalled forcibly to our ind that infamous in
quisltorial Court termed the Star Chamber. The
minority, OF the special committee raised in the
senate to examine into the claims Of Messrs. st.
Paul, Hya1ns and Withers, were denied the right Of
taking any testimony whatever to sustain Messrs.
Burke mitchell and Bnrhc in their seats in the Senate.
Ihe minority Of that committee were thus totally dis
armed. me majority then proceeded to examine into
testimony taken wholly &c paTfe and upon that,
grounded voluminous report. We shall not question
but that the report was in conformity with the evi
dence they had before them. How could it be other
wise! ltWas uncontladlcted, and Messrs. Burke and
his coSenators from New Orleans were ct,t off bv a
shameful act Of the Senate from introducing evidence
that would, not only rebut but totally destroy It. But
that reckless and laW-tramplng body, either fearing
or having knowledge of this fact and dreading that
the operation of such testimony would disable them
from whipping in the contentious among them with
boldness almost unparalleled threw up barricades
between the law and their own predetermined action,
and at once commenced the revolution. For disguise
it as they may attempt it is nothing more nor less
than revolution. revolution that must prove des
trnctive to all constitutional and legal restraints, and
plant in their stead the arbitrary will Of the Legs-
lature
Although Legislative bodies are constituted to
frame laws, yet they are not themselves above all
law. They are assembled to frame, amend and re-
peal but as long as law subsists they are much
under its restraints as to prohibitions and mandates
as the huInblest citizen in the State. No one In
his senses would for moment CONTEND that the Leg
isature can disregard all or any law In order that
this argument should be- understood more fully it is
proper for to remark that it must be remembered
that that not discussing the merits of the
are, not entitled to their seats but the object
is to pass in review the reason and grounds assigned
for refusing to allow the conestees to produce testi
mony in their behalf. Now the contestants may Or
may not be entitled to their seats but this question
we are not presently considering. The Senate have
refused to consider the merits of that question, and
at one vault have reached their predetermined pur-
pose. slsfY {4 js- .,.ts-. 7i.I
The Senate pretend that they are acting under the
act? After stating that the person intending to con
test shall within thirty days of the election, give
written notice of such fact-and further, give ten
days notice of the time and place of taking depos
tions, etc., it proceeds and prescribes by whom
these dispositions may be taken, and to whom trans
mitted ETC., and then tolloWs-(NNe quote from the
Louisiana Digest y ~ lla 5 a5s
cart. 979. The person or persons contesting an
election shall present petition signed by at least ten
qualified electors of the within three days after
the next meeting of the Legislature within ten days
Of the time when such dispositions were taken, allow
ing also day for every twenty miles distance from
the place of holding such elections to the seat of gov
ernment praying the House to examine the facts anG
decide thereon, and the Judgment rendered Thereon
shall either confirm or yacate the seat"
Now it strikes us that under this clear provision o
the act Of 1914, the Legislature could not proceed be
| yond confirming Or Vacating the seat The last ses
sion Of the Legislature evidently thought so Whe1
they sent Messrs Fauk and Hall back to their con
stituent electors to decide the question Perhaps th
very case has made the Democratic party little war;
oh hon1- 10
for in this case they received signal rebuke, Nj
Faulk was again returned by an overwhelming ma
jorty
The Senate in the case of Burke and others, on til,
25th inst, evidently thought likewise. To sustain
themselves in regard to the depositions they must
and do, invoke the law of 1914 in deciding that Mr.
Paul and others We're entitled to the vacant seat
they must invoke the law Of 1856; they can inTok
| no other. g ~ -.=7s.5,,.s- .sstsf75,b 3
Then from this circumstance is it not evident tha
they must have examined both laws. Then how is
that this little last section of the law of 1855 escape
their attention. ig@
contrary to the provisions of this act and all otht
laws on the same subject matter, are repealed.H
How then cant the law of 1914 still subsst? Are the
two laws not upon the same subject matter? Then
the law of 1914 be repealed, which any schoOlbC
would decide, of what worth are these er parte dep
sitions.
1t is clear, under this view of the case, that the la
of 1855 must govern it, as the only law existing q
our SLtIute DOCKS upon SuD]eCC OF eeCClOlS Inc
how was evidence to be taken in the case? Let tt
law of 1855 reply:
"Sec. 4O:Be further enacted etc. That in all col
tested elections for members of the General Assembly
each house shall have the power to determine whic
of the parties is entitled to the seat and to aw I'd
accordingly"
Under the law of 1855 how are either house i" to dt
termine which Of the parties is entitled to the sea
and to award it accordingly!'' Are they to procee
without evidence? If not, how is it to be procured
In no other mode can it be done save by bringing t
witnesses before the two Houses, Or their appointe
committees. 5- u-
The evidence adduced in order to entitle Mr.. S
Paul and others to the seats, was not so taken br
on the contrary, was taken in conformity with th
provisions of the act Of 1914. That act having bee
repealed, not by implication but in express terms, h
evidence was of no value and totally inadmissible
This outrage of depriving one party OF all right
any testimony, and introducing themselves illeg;
testimony was quickly followed up by another
The majority of the Committee came into the Sci
ate with a very lengthy report After reading th
Report, the minority requested few hours to exam
inc it, in order that they might be prepared th
more fully to draw up Minority Report. TIL
poor boon was denied them. They appealed
the courtesy of gentlemen in default Of Justice
Mr.. Simms, with Il boldness rarely equaled, mac
this astounding declaration, that it was not ma
ter of courtesy, but political But the end is n
yet They proceeded under this illegal testimony
oust the sitting members, and declared Mr. ST. Pa
and others entitled to their SEATS In n few days
will make some Developments quite as interesting
the above. EI. Ta.-,.
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