New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-08-16

r. v. COPELAND.
| Attest:
]. b. RIcH4RDsox,
l HENRY l.. JONES, aH
| Secretaries.
| senate ooaearrrrsx ON EIRcz1oNs,
HeH Orleans August 8, Iss8. !
In the case of George W. Nader vs.. n, A.
| Foute, the Undersigned member of the
committee. submits the following report;
That we find Mr.. Foute eligible under the
| laws to take his seat. -s.--.-----
II otherwise. Mr.. Nader can not take ad-
vantage OF his inellgibiiity rs the same laws
would apply vita equal force to himself, for
It Is In evidence that Mr.. Nader took an oath
to support the Constitution of the United
States. and WAS afterward an officer in the
Confederate army, Consequently he can
not question the eligibi Ivy or ineligibility
Of Mr. Foute. as the law tor6ids him invok-
| ing Its aid when he Is subject to the same
legal opposition. l. e., he can not take ad-
vantage of his own wrong.
II is 10 evidence shat Mr. Foute aided re-
| ninth article OF the constitution of Louisi-
| sua. The recsntation is not necessary in
the premises.
Section three of article fourteen of the
constitution can not apply 70 mis- case, be-
cause he mover held 8 Judicial or an execu'
tive office prior TO January, 1861. an
But should the Senate differ with the
undersigned in the position assumed that
he did not hold Judicial OF an executive
office PRIOR TO January, 1861, then the recon-
struction acts or the ompibus bill CAP not at
feet his position without having retroactive
effect, which is the same as AN -ex post factO
Law when is forbidden by the organic law
Of the land, and which law bears upon 1t
the approval Of the accumulated ages Of
wisdom.
In the case Of the contested seat of r. N.
Ogden your committee submit that he is per
iectly eligible for the same reasons assigned
in the case of Judge Foute.
Judge BrAughn is registered voter, and
| it is in evidence that he openly advocateo
reconstruction, aud is perfectly eligible,
under the laws, to retain his seat.
Therefore, the pretensiOns of the contest
ants, George W. Nader. solomon Moses,
| aud David Wilson being unfOuuded In law
! and evidence, the undersigned committee
recommend that their claims he rejected,
and that N. A. Fnute, r. N. Ogden, and
George Il. Braughu &c declared entitled to
| their seats.
Respectfully submitted.
WILLIAM L. THOMPSON.
J. B RIoRAR0aoS,
| HENRY l.. JoHas, Secretaries.
| A Communication froG the Secretary Of
the Governor, in which he advises the Sen
a g that the Governor had approved and
signed an act to regulate proceedings in
reference to persons claiming the benefits
of article Hinety-nine of the constitution,
WGs read.
A communication from the Governor,
transmitting to the Senate the annual re-
port of the Levee Commissioners, was also
read.
Mr.. Bay offered the following resolution {:
Resotued That the petition In the cases
of George w Nader, David Wilson, and
Solomon R. Moses, VS.. NJ. A. Foute, G. H.
Braughn aud E, N. Ogden, be aud they are
hereby Withdrawn from the Committee on
Election and ReturDs, and are dismissed by
the Senate; aud the CoutestAnts in said ca5ed
be allowed the per diem allowed to mem
bers of thetSsnate, from the FIRST day of the
session to the present time; that they be
allowed to draw the same on their own war
rant, couutersgued by the chairman Of the
Committee on Contingent Expenses for the
| Senate.
The resolution lies over under the rules.
New ORLEANS August IL, 1865.
To the Ho loEabse Prssidsnt and MembeEs of the
Grntlemen-The following members Of
the House have been appointed n Committet
of Conference to concur with the Senate IL
: House bill 50
omaittee-Messrs. RcMiilen, of Carroll
Noble, of Orleans, and Holland, Of Tensss.
!. CHARLES W. LOWELL, Speaker.
Attest; '--
VIZ. YIasBs, Chief Clerk,
, On motion of Mr.. Blsckman the senst'
CHARLES H. MERR TT,
Secretary of the Senate.