New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1856-02-04
NUMBER 25l.
TO THE PEOPLE.
0F NEW 0RLEABsAND gTATEOP rfy1r7sYewa

10 THE PEOPLE, ~ =.
oF NEW WoRLEATsAN STATE or IoU1sYaNA : :
= r-s--s5 s
The undersigned, having been rutlessly and tayr 8
lessly elected from their seats in the Senate Of Io4
sana, to which shey were elected by majority Of !
the suragans Of New Orleans deem it their duty 10 III
lay before their constituents the facts Of this extra
ordinary disregard of law, justice and popular soye-
reignty They do with chagrin and modification
not their account but account Of the good
and dignity Of the State, and the respect and
yeneration which have heretofore attached to the
name and office of Senator. The darkest pages
of judicial and legislative partisaship, paraiity and
injustice do not present parallel to the conduct Of
the Senate Of Louisiana in theirmode of disposing Of
the grave question: which of two classes Of claimants
entitled to represent the people in that body,
who have been duly and lawfully elected by the
people. If, in the ordinary contests Of life, involving
the smallest considerations and the most insignificant
rights, there can be honest trial Judgment with
out hearing both sides-Hithout receiving testimony |
from both sides, and allowing the fullest liberty Of
examination and cross-exa1nnation surely in a con-
troTersy involving the sacred rights Of popular repre-
aentation, the right of selfgovernment, these wise
and Just rules Of all fair and honest tribunals should
always faithfully be observed. We lament to say that
small majority, majority obtained in part by exclu
aing the representation from New Orleans in the |
senate Of Louisiana, have inflicted upon the reputa
ton OF that body the stigma which must ever adhere
20 the tribunal that disregards the plain rules Of right
justice and equity A broader huresaue can scarcely
be imagined than that which is presented by q body
arrogatng to itself the title Of Democratic and eyer
cisng the powers and pursuing the modes of proce-
dure Of a Star Chamber Inquisition 5&z s5555S
/ After the return of the undersigned as Senators
elect from New Orleans, several Intellectual attempts
| were made by their opponents to have testimony
taken before the District Courts of New Orleans to
sustain their preentions and enable them to set aside
the declared will Of the people. We resisted these
attempts, because we considered them Illegal uaau-
thorzed and in derogaon of the rights of the body
to which we had been elected. t
. The constitution of Louisiana provides t.
Each House Of the General Assembly shall judge Of the
directed by law
A law was passed in 1874 providing for the taking
of deposons before District Judges Of testimony to
be used in contested elections for Senators and Repre-
sentatives. It under this law the parties contest
ing the seats Of the undersigned pretended conduct
their Investigation. But this law it was clearly shown
was repealed by the general election law Of 1856
: which, in section 40, provides that
all contested elections for members Of the General Assem-
bly, each Hons shall have the power to determine which Of ths
parties is entitled to the seat and to award accorlnsy
0 The concluding section of this Act Of 1855, is as
h follows:
Be it enacted that all contrary provisions
y and all other laws the sutectmAte repealed
- AS Senators elect, as law-abiding citizens VIZ
: deemed it our duty to sustain the privileges Of the
body to which we were elected, and which, by the
constitution and laws, had exclusive cognizance o.
the election returns and qualifications of its members
and to resist the attempt to transfer the investigation
u to another tribunal in violation of law. Our oppo-
:, nents commenced their proceedings before Judge
Kennedy; we filed our exception, taking the ground
that the law of 1914 was repealed. The Court sus
tanned exception and decided that the law of 1914
was repealed by the law Of 1856 Recourse was ther
had to Judge Cotton. The case was fully argued be
IS fore that Court also, and similar decision pro
e nounced. Judge Augustin likewise pronounced sin
liar decision in the case of suzeneau vs.. Morgan cor
testing the aters seat in the House Of Represents
ut tives When finally it was found that Judge Rey
nolds would take testimony which the other Judge
III had pronounced unwarrpnted by law, we regarde
le it our duty to abstain from all connection with
it It was on this testimony thus illegally taken,
lected by one of the contestants and given chiefly
of witnesses unknown and in case they were needed
ht undiscoverabIe by the most viglant detectons-
le was on such testimony that majority of commi
~ tee of the Senate reported and well drilled mao
the body ratified the decision that the undersgne
to were not entitled to their seats Without scarcely
to argument, enquiry. decent deiberatior
it this majority reversed the decisions of three of or
10 district judges and set aside law, in the enactmer
all of which most of them had participated, in order
IL give effect to an old law which more favorable
st the party designs of that majority. And yet the
it sudious to overlook provision of their favot
law of 1914 which requires thatin cases Of conteste
he elections of members of the General Assembly, th
NJ Judgment thereon shall confirm or vacate the seat
al When they had resolved to receive the illegal test
mony presented by the contestants, the proposltic
was made to uacate or confirm the seats Of the n
dersigned in conformity with the law of 1914.
was rejected by the majority that had declare
the law of 1914 to be still in force. Such conrad
tions expose the purely partisan spirit and utter
tempt for law which characterized the conduct of Il
" majority throughout this controversy. They usrp
the rights of the people, and proceeded to elect tt
on Senators from New Orleans.
III We should have proved unworthy of the trust CO
ey ded to if we had tamely acquesced in such hig
handed and unjust proceedings We claimed the pl
lts lection of the law, asked for committee to send
persons and papers, and asserted the right of t
III Senate to inquire into and determine the contest
~, ter a full and fair investigation.
x, The following resolutions offered in the Sc
ID. ate and were voted down by the Democratic mali
ity We also insert the report of the minority of
Or committee:
w, No. by Mr.. LAvERGNE: -.=
Whereas The committee appointed to consider the petition
va St. Paul. al against Messrs Burke ct al have
testimony before them than that of
and taken without authority Of law, whereas
The Informed members OF said commit
n, TINT they have testimony produce
u their election and esous opportunity
said testimony therefore, ..,..- 7-....=
l.. Resotge That said committee be authorized to send for
TO and papers, with the view of akng testimony in the
or ter set forth in said petition.
ei- No. 2-HY MIR. 1ArERGNE: tn' 5 ~
RcsoIrcd That - Justice Of the Pence of the city of n
Greans be appointed Commissioner take testimony in
n6 the contested election of Messrs St. Paul and
INC Burke and others.
LIS No. 3s-lSY Mr. GARDERE: W
he Rssoued seats of Messrs Burke Bur
Michel Senators elect from New Orleans
san and that the Governor bc his
led nation ordering election for three Senators for the city
" New Orleans to fill the vacancies thus occasloned.
in No. 4-BY Mr. kENHER:
,sn Resse Tha the special COMMITTEES to who5a refer
YOU the contested election OF the Senators from New Orleans
We they hereby Instructed to add the number Of etu
ed by the several Commissioners Of the city of New Ocnn
lct each the candidates the State