The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-06-30
STATE LEGISLATURE.



MONDAY. June 20, 1865.
This body assembled at meridian yesterday.
Discard Dunn, lieutenant governor took the chair
md called the Senate to order. bIr. Dunn made a
few remarks, aiier taking his seat, ia which be
stated that he did not recognize the secretary and
olher functionaTes Of the last Senate as the off
GERS Of the present body, aud would, therefore,
proceed 70 make temporary appointments ia their
stead. He then named Capt. Merritt rs secretary
Vim, Mumferd (colored) rs sergeant-at arms, and
= Monroe (cOlOred) as 6Oorkee
The new secretary read WarmDth's proclama-
ton and communications from Grant, and, under
the latter, from Gen. Buchanan-all Of which ap.
peared IN the daily papers fortnight ago. The
liz uteBant governor also directed hm to read sey-
eral kilograms lalso pnblishedl from the war de-
psrtment dated June Is. from Major Keeler.
he Senate roll was then called. during which
every senator answered except r. W. Fletch from
the 18th representative district and J. Williams
from the 22d. Thirty-four senators answered 10
their names. I'D q.
The presiding officer then called the attention
of senators 10 the 99th and Tooth articles of the
Constitution recently adopted by q vote Of the
State. regarding those disfrsnchised and the oath
which has to be taken by all state officers. He
was not prepared 10 assume the responsibility Of
debating what should or should not be the man
Der of qualifying senators. He should therefore
refresh the memory Of those present by having
the two articles read by the secretary. He dis
claimed all responsibility in the premises, and
science. His requiring the test oath might be
wrong; but. under the articles Just read, he had
made his resolve, aud was determined TO carry it
out The proceeding must continue as adju1ged
Senator Blackmsn appealed from the decision
- the chair. Tue lieutenant governor was but
the creation of The Constitution Just the Senate
was, and he could not 60 behind or beyond the
oath requredby the State Constitution. Any other
oath was in direct violation Of the Coustirutsa..
Gen. Grant had already decided to that effect In
dispatch 10 Gen. Meade, the commander Of an.
other military district. Mr.. Blackman had no
desire TO 60 into long discussion on the matter
hut SIMPLY exercised MS right Of appeal fIom the
chairman to the Senate. Il ...l
/ Mr.. sambola moved that the senators take the
oath required by the Constitution Of Louisiana.
The president reminded gentlemen that be was
himself the only duly qualified senator on the
floor. He also reminded Mr.. Blsckmsn that in
his remarks he had referred to the l00th but not
to the 99th or preceding article of the Constitu-
ton. ..t ..r
Mr.. Ogden remarked TO the president that the
Senate was in q state Of organization. his posi-.
ton In the Senate was only incidental to his posi-
ton as lieutenant governor. The president had
general. The whole Constitution must be &C.
cepted, or the whole must be rejected. That in
strument provides the oath to be taken. Article
so excludes certain persons, provided they are
unwilling to take the recantation oath. II sena-
tors who may be excluded by the provisions of
99 will take the feesntaiiOn oath, they stand in
the same light as any other persons Mr.. Ogden
trusted that all parties would act in unison that
the members OF whatever party should bury the
past strife; that, for himself he respected Oscar
j. Dunn, president of the Senate, a thousand
times more than any man who Is nsincere 10 his
actions and dishonest in his convictions. Mr. 0g.
den read from the reconstruction act TO show
that the oath in the Constitution Of Louisiana is
the only one required OF any officer appointed or
elected under IL. II tne presidents ruling pre-
vails the present Is not a legislature uuder the
Constitution Of Louisiana.
Mr. Bacon and other senators argued against
the presidents decision but that officer again
reminded them Of the decision he had made that
ne was glad the gentlemen had spoken, for their
arguments had only made his convil ton the
firmer. he declared that either the recantation
act must be filed with the secretary Of state or
the senators must take the test oath.
senator Whose name we could not gather)
rose and claimed that, having assisted srennOasly
in carrying out the reconstruction laws he had an
undisputed right TO bold his seat a. a senator.
Mr.. Kay argued that il the president did not re-
verse his decision the Senate was merely acting as
a provisional one. " But we are not acting iu a
provisional capacity. III we are the test oath Is
the right oath. II we are not, we should take no
oath but The oath prescribed by the State COnst
tuition. No officer civil or military, has any right
70 require anuyher.n
Mr.. O'Hara observed that. as the governor,
is appointed by military authority, aud the lieu
iensnt governor likewise. the oath must oe pre
scrbed by the same authority. Louisiana is not
in the Union. We must look to the reconstruction
act for information aud authority for our action.
Recant2tion should have been made before the
election, or, gentlemen, you are too late for the
feast"
The secretary pro TEN. then read, under the
presidents order, extracts from the reconstruction
act. hr. Jewell, Of Orleans, thought that, as
these extracts were read for his special benefit,
he could now remark upon the weakness OF the
chsr's decision. The C9Bsti'ution has beer voted
Cd and accepted by the people; It Is the Law Of
the Std'e, ard tie only thing left now for the re-
admission OF the State into the UniOn Ia for the
legislature to accept the constitutional amend.
ment. Mr. Jewell therefore protested against the
ruling Of the chair.
Mr.. Lynch suggested thst under the presidents
decision the roll Of the Senate be called and IL a
sufficient number could answer to the require.
meDts of the president, to constitute a Quorum
that quorum could at once proceed to business,
take the matter into their own hands and organize
themselves into dellberative body.
Mr.. Dunn. the presiding officer, remarked at
this time that he acting in the position which
he had been directed by military authority TO
assume. II his rulings were not sustained, ne was
responsible 10 Gen. Buchanan. &. ...
motion to adjourn was withdrawn at the in
stance (not the request) Of the president.
The secretary then read the roll under instruc-
tions from the president, in order that such sena-
tors as were willing 10 take the test oath might
come forward and qualify. As the roll was called,
Mr.. BEARS, from Catahoula and VIM, advanced to
the rostrum, and, after q few most smiling and
complimentary words between the president and
himself, went Oa in hot haste TO qualify. As be
came back in time-the president having waited
tbree-qusrters OF an hour, in order this he might
be the nineteenth member present, necessary To