New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-01-25

he should regard the passage Of the resolution
being considered as reflection on that committee
for all its duties would be transferred to the
special committee proposed. He could see no
justifable reason for such reflection. He did not
believe the members Of the committee were SO
welded to their individual opinions that they would
ignore the clearly expressed wishes of the House
on any subject that might be referred to them,
and should therefore regard the resolution as
invidious Should it pass he should ask to be
excused from serving any longer on the committee.
Mr.. Mcconnell did not deem it necessary now to
discuss the convention question, but as chairman
of the Committee on Constitutional Amendments,
gentlemen on all sides of the House would bear
him out in saying that he had declared his purpose
Of abstaining from pressing the convention sub
ject, in view of the present inauspcions condition
of affairs at Washington. He wished to wait until
the special committee of Congress charged with
the consideration of the affairs Of the Southern
States had reported, and their report was acted
upon by Congress before taking any step in the
direction of constitution making. And while the
committee of which he had the honor of being
chairman was thus quietly awaiting the de-
velopment of Congressional action, why was
this resolution sprung upon the Housef It
should be recollected that the committee APP
pointed at the extra session to collect evidence
against the right of Hahn and Cutler to senatorial
seats had just reported to the Senate of this As
sembly, and that subject and the subject of the
Constitution of 1864 were intimately connected.
The committee had obtained proof thato the five
thousand and odd votes cast in New Orleans, but
nine hundred and odd had semblance of legal
right to vote. Yet it was asked to pass resolu-
ton recognizing that Constitution Of 1854 In re-
A~ I
Elam, each was right in part. The Constitution of
1864 was part of the government Of Louisiana, so
long as upheld by the United States, but there was
distinction which every lawyer would under
stand, which was that between " govern
mentn and !" constitution. - Yet by going on
to amend that instrument, it would be made
constitution by indirecton. They would be as
suming power not conferred upon them, for the
people only were competent to make consttu-
tons directly or by delegated authority. But
strongly opposed as he was to the constitution Of
1864, if the House should insist upon adopting it
a basis for amendment, he would not, either as q
member of the committee or q member Of the
House, fritter away time by vainly resisting the
will of the majority, or offering unayailing objec-
tions. He still believed that the wisest course to
pursue was to continue quietly awaiting the turn
of events, and meantime let this constitutional
question remain in allegiance. Mr.. Mcconnell
concluded his remarks by showing the multiplicity
of amendments needed by the Constitution of
1864, and arguing the impractcabillty of accom-
pshing such an extensive modification through
legislative action.
Mr.. Eustis disclaimed any intention of reaecting
upon the committee whose members thought they
saw such purpose in the resolution. On the con-
trary, if they had rightly understood him they
would have perceived that he was paying the
highest compliment to their patriotism and stead
fast adherence to conscientious convictions, in
radical opposition to the Constitution of 1864.
And besides he did not wish to throw upon that
committee the arduous labors that would have,
to be performed under his resolution. They would
have to study and revise every article of the
instrument and consider the numerous judicial and
legal acts, doubts in regard to the validity of
which SO deeply concerned the people He also
had it in view that under his resolution the Chair
would be afforded the opportunity of selecting
from the whole House the members best qualified
for this work. In one sense, it was true the COM
| mittee would be exercising the functions of Con-
| vention, but the ability and wisdom for such a
task was to be had in the House. and after all their
| work had to pass the ordeal of popular exanina
| ton. =
| He would not consume time in discussing all the
arguments urged against the resolution, but he
would direct attention to single point He en-
tered upon his Legislative duties decidedly in favor
of Convention, but when the Assembly positively
assumed the position of a Legislature, he con
ceived that they surrendered all objections to the
validity of the Constitution of 1864. Such being
the case, they should have no more postponements,
no more uncertainty. Could gentlemen say when
| tl,i or1a ap;fo
peared to him that the interests of the State de-
manded an end of them. AS for himself, he had
no amendment to offer, but it was time the door
was opened for those who had. He illustrated and
enforced this proposition by referring to bill in.
troduced yesterday to Iegalize certain judicial and
other legal acts performed during the war, and
arguing that the Legislature was not competent tt
decide what was or what was not illegal in the ad
minstration of law.
He could not see that amending the Constitution
of 1864 tied them for an hour to that instrument
for the very next day after the restoration of the
State to her original rights, Convention could bt
called. He concluded with an argument agans
the expediency or wisdom of awaiting the actor
of Congress, and, meantime, leaving the people il
the many uncertainties, even in their most delicate
relations resulting from conflicts of authority
\ during the war. 80 s...
Mr.. Jonas renewed his motion TO lay the resolu
ton on the table, and the motion was lost-yeas
80; nays, 47--as follows:
l. Yeas-Austin, Blackman, Collins, Davenport
Deblanc, Delamore, De Labarre. Durable, Eager
Fenner, Freret, Fishburn, Fulda Gottsehalk
Halsny, Head, Hudspeth, Jonas, Kelly
Kidd, Labranche, McEnery, Mcconnell McGlos
key, Montgomery, Murray, Peterson, Phillips JAS
Phillips Alf., Powell, Regenberg, Robinson, Sam
bola, Smith, Theriot, Thieneman, Tucker and
Voorhies-3S.
Nays-Alverson Bailey, Barry, Bensel Brown
: Couvillon, Deporter, Decker, Drew, nugas
Eas,in, Elan, Edridge, Eustis Ewing, Edwards
Gates, Gaisser, CAN'T, Hatch, Hays, Higgins, Kent
Kile, Lagroue, Leblanc, Meredith, Mckevey, Nc
Donald, McGee, Moreland Ormond, Pujo, Prud
homme. Richards, Roman Rogers, Ryan, Scanlau
Stille Solomon, Tete, Walker, Wilmington, Wilt
Waggaman and Weeks-47.
Mr.. Jonas then offered the following as substi
tute .- .. l.-
Resolued, That all proposed amendments to thu
Constitution of 1864 be referred to the House Com
mittee on Amendments to the Constitution.
Mr.. Elan raised point Of order that the substi
tute as putting before the House the very question
which had just been decided, whether the Hous
would refer certain matters to a standing commit
tee or to special committee could not be enter
tanned.
The Speaker decided that the objection was cor
I dad 8, orn