The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-08-04
STATE LEGISLATURE.
THrRrY-FIRST DAY.

MONDAY, Aug s, 1868.
The Senate met at noon. Lieut.. Gov. Duln
presiding.
Twenty-one members present.
Prayer By the Rev. Father Jeremiah Moynihan.
On motion Of Mr.. Ray, the reading OF the min
utes dispensed with, after correction Dy
Mr.. Bacon.
REPORTS OF STANDING COMMITTEES.
Mr.. Ray, from The Judiciary committee, reported
progress.
MIR. Couplsnd, from the committee on CON-
merce, etc., reported favorsby on bill relative
to masters and wardens of the port.
Mr.. Lynch, from the committee on finance, re-
ported unfavorsbly upon Senate bill No. %.
Mr.. Campbell, from the committee on corpora.
tons, reported q substitute for she lottery BILL and
moved q suspension of the rules for first read.
ing.
The rules were not suspended.
MOTIONS.
Mr. Whitney asked that a memorial from citi-
zens of Tensss parish, relative TO the levees, be
read.
On motion, the memorial was referred to the
committee on public lands and levees. Adopted.
Message from the governor.
RESOLUTIONS.
By Mr.. Campbell
"WHEREAs, IL is reported in the Courier du
Teche that Judge Gates, late judge OF the Third
Judicial District has refused to vacste his Office
TO bis successor, alleging as the reason for such
refusal that the reconstruction acts unconsti-
tutioual and void that he will not recognize any
officials elected by negro votes; therefore.
" BE resolved That the governor be and he
is hereby requested TO investigate the truth OF
this statement and report the facts to the Senate"
In connection with the above resolution Mr..
Campbell had read the following from the Courier
du Tecbe of the 25th July
- The District CO1Tt-Judge Gates opened
court last Monday, the 10th of July, the regular
day appointed by law for the holding OF court IN
this parish. Judge Gates is one of those who are
notresdy TO submit without some sort OF protest
to the degrading rule of renegades, white ne.
eroes and negroes. He is the regularly appointed
Judge of the Third Judicia District under the
| white Consultation of the State.
" He does not recognize Train as the Jndge OF
| the district He considers the reconstruction acts
| to be unconstitutional, revolutionary and void.
| Under the Constitution OF the United States ne
Croes cannot oceupy Office. and therefore Train,
although seemingly elected TO the judgeship of
this district is nct entitled to take his' seat as
such, having been elected by none but negro
| votes. ,
| Qrard Jury and charged them as to their duties
| under the law. IL was his duty TO do so until q
legal successor had been appointed or elected and
| qualified according TO the red laws OF the coun-
| nv not according to the Infamous and imaginary
| government which some people are but too ready
| to recognize and obey as de tdcto government
| The Confederate States government, which was
once created and established by the almost unani-
nous votes and wishes of the white people OF these
| States was not recognized as de tdcto govern
ment. Are we so degraded or patient in bending
our Decks under negro rule that we VIII Sceept
the authority of officers elected by negroes only,
without ever taking the trouble of putting that
authority in question: No, never. On ttat ac-
count we approve Judge Gatess manly action It
| ia that of white man who understands the duties
he owes TO bis country and to his race. To act
otherwise is to deserve TO be ranked smong ne.
groes and the despicable Set of renegsdes lvoited
upon Us by the Radical psrty-that party OF
towards, traitors robbers, thieves, murderers and
villains, copartners to Beast Butler in shameless
ness mfamy and crime"
Mr.. Campbell-I introduced that resolution, sir,
in srder that the Senate may be informed, as
speedily ss practicable, of the facts in the case,
and that the man who holds high station as that
Of Judge in any portion OF this state, who IS
gully of revolution, sedition and treason n tnls
manner, may be dest with speedily ana severely
according to law. l also do it that Judge Gates,
or ex Judge Gates, and the people who live IN his
district may be informed that they are behind the
spe-thet their cObfreres and brothers OF the
Democratic party in New Orleans and the more
civiIized norton of Louisiana have caught up
with the spirit of the age, and are now recognlz
ing fully and heartily the rights OF the negro 70
} vote calling upon him for subscriptions to aid
J the Democratic psrty-that their Democratic
friends are patronizing them in cofeehOuses and
| club meetines-that the other evening, on, Cana
3 street. the Hon. Mr.. Rollins addressed meeting
D | of citizens in favor OF the Democratic party
3 Now, | suppose, if Judge Gates were informed Of
The present advance in the sentiment Of hs party
( | be won back down. IL he does not, l propose
I that We take steps to show him that the STATE
government of Louisiana will not co1ntsnanc'
!. such revolutionary acts.
Mr. Jewell of Orlesns-Mr. Presde1t-Thi:
! resolution seems to me entirely out OF pace L
e would place this body in the position OF assuming
the duties which properly belong to the judiciary
IL the State Senate is TO investigate every cast
:. which may arise of officers who refuse TO SUI
/ render their office, but who intend to test tn
i, right Of the party claiming the ofice upon som
= legal grOund-I say, If the Senate is to assunl
e control of these cases it will occupy as from thl
d time until the middle Of next year. The case
point is one which clearly belongs tc the judcisr
Il 10 decide. IL Judge Gates for any reasa
q sees proper to refuse to surrender his o
3 fee TO the claimant, the claimant has his leg
o remedy prescribed by lawf and the course wnlc
q the senator desires US to pursue: OF ealing upo
ia the governor 20 investigate aud make a repo
ID to the Senate, is without precedent. And suppos
"a such an investigation to be had and report to
al made in accordance with the facts 40 stated In u
4, resolution, what can be done! Are we gong
m assume the prerogatiyes OF the judiciary a
g. we going 10 bring up the judge and put him {
Dr trial and pass sentence on himc Inc gentm'
en | has also threatened punishment. Have We al
I'd | right TO infct punishment upon parties outside
st this body unless they violate rules which gOye
n. | This bodyg And, sir, the gentlemen also pr
,ir poses to instruct ami enlighten Judge Gates al
nv ! the people Of that section. know Judge Cat
very well. know him TO be gentleman OF
he telhgence and character, and when he wishes
er formation am very sure he viii not apply &c
tn Campbell for it.
w. MI Lynch-Mr. President, believe there IS
3. law now in existence to meet such case as th
.c The object of the resolution, as understand IT,
10 obtain information on which TO predicate leg
2 lation to meet such cases in future. With such
mt object in view shall vote for the resolution.
,ct Nr Bacon-Mr President, think the sens
from Carroll wiil find there Is law to meet SO
ity cases. Il is true that the Judge elect could
lie yery well pursue his action in the court IN VI
As Judge Gates is himself presiding, but he can p
ol. ceec upon a writ Of quo soGTTdnto IN the Adlt
the ing district or even before the Supreme 90
III elf, which is now full.
Mr. Foute moved to refer the resolutioa to
committee on Judiciary.
Nr. Csmpbell-Mr. President on that motor
!. refer wish 70 say one word. This "a an ac
the often taken in legislative bodies WHARF inior
ot lion is received of violent iniractions OF law
-. the rights OF persons and where laws may be ne
7'S, sary to mest the particular cases. 1t Is not
red Ter to refer TO ihe judiciary. It is qles
,ely whether the facts are ss stated. MY mouy
ara wishing it investigated is this-t Is importan
- the people Of this State TO know whether u
len, are persons occupying high positions indnlgin