New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-07-24
NEW ORLEANS FRIDAY MORNING, JULY "A, 1865

for the public good If they can see that il
works to the disadvantage of any class of
men, let them vote against it; but if they
conscientiously believe that it will tend to
elevate men, and to correct the evils it
proposes to prevent, let them vote for it,
Notwithstanding the unfavorable report of
the Judiciary Committee.
Mr.. Ray asked when the committee re.
ported unfsvorably upon bill what was
the proper motion.
Mr.. Bacon replied: A motion to agree or
dlsagree. he supposed the Senator from
Baton Rouge would move 10 disagree.
Mr.. Ray: l have few remarks to make,
Mr.. President, in answer to the Senator
from Baton Rouge. He intimated in the
outset of his remarks that the committee
had acted hastily. | will say that the bill
was duly considered by the committee after
having 1t In their possession one day, and 1
believe their action in the matter was cor.
rect under the constitution itself. think
that bill is in violation of articles ninety.
eight and ninety.nine of the constitution.
Article ninety-eight provides that every
male person of the age of twenty-one years
or upward, born or naturalized il the
United States, and subject to the juris-
diction thereof, and q resident of this State
one year next preceding an election, and
the last ten days within the parish in
which he offers to vote, shall be
deemed an elector by this csnstitu-
ton.
This is not one of the offenses that dis.
franchises an elector under the constitu-
tion and think that the Legislature can
not extend that Acknowledgement beyond
what the constitution itself has done.
In accordance with the plain words of the
article it strikes me that a bill of this kind
would extend disfranchsement beyond any
thing that is permitted in the constitution.
The Legislature is not competent to do it,
Therefore, whether there are merits in the
bill or not was not the question for the com.
stitutional
But, Mr. President, in regard to the
principle, l think that if we extend these
acknowledgements beyond what the consti-
tuition has done (making petty larcenies so
punishable) there is no telling where it may
stop. 1t may be extended TO all crimes,
whether they are crimes per Sc or not. 1t
is thing that might be used for political
and various other purposes.
Therefore it seems to me that the trainers
of the constitution were wise in adopting
this article, and thus preventing legislation
such as is proposed.
Mr.. Bacon: Mr.. President, l coincide in
the report OF the Judiciary Committee, but
for entirely different reasons from those
given by the honorable chairman of that
committee.
Article ninetynine says "The following
persons shall be prohibited from voting and
from holding any office: ALI persons who
shall have been convicted of treason, per-
Jury, forgery, bribery or crime punishable
in the penitentiary, and persons under inter
diction.
Well, sir, if understand the law of this
State larceny is punishable by imprison-
ment in the penitentiary. The class of per
sons whom the Senator from Baton Rouge
would have disfranchised for two wears or
five years are already disfranchised by this
article for life. Therefore he was about to
Introduce much more merciful provision
than that of the constitution. It is true
that judges sometimes sentence an offender
guilty of the crime of larceny to an impris.
onment in the parish jail but it is punisha-
BILE by more or less confinement in the peni-
tentiary if he sees fit to do it. Thus the
Senator from Baton Rouge has more than
he asks for. / agree with the committee in
reporting unfavorably upon this bill.
Mr.. Lynch moved that the further consid.
GRAFTON of the bill be indefinitely postponed.
Adopted,
Mr.. O'Hara asked for suspension of the
rules to introduce a petition of McFarlan,
Straight Co., asking that an illegal tax
assessed on them be refunded
The rules were suspended, and the petition
received.
On motion of Mr.. Jewell, of Orleans, it
was referred to the Committee on Claims.
The special order of the day was then
taken up.
SPECIAL ORDER OF THE DAY-ELECTIoN CASE.
The Secretary proceeded to read the ma.
iority report of the Committee on Elections
in the case of P. B. S. Pinchback versus E.
l.. Jewell.
On motion of Mr.. Braughn the reading of
the report was dispensed with.
Mr.. Campbell moved that the majority re.
port be adopted.
Debate ensued.
The Chief Clerk of the House of Repre-
sentatiYes appeared with message from the
House, asking concurrence in House bill
No. 81, an act to empower the State Super.
intendent Of Public Education to hire suit.
able building for his office, and to appoint
one Assistant Superintendent and one Sec
retary.
Also, announcing the concurrence of the
House in Senate bill No. IA, by John Ray,
of Ouachita-an act relative to the First and
Second District Courts of the parish and city
of Orleans.
Also, that the House had conourred in the
Senate joint resolution requesting the War.
rant Clerk otthe late constitutional conven.
tion to furnish the General Assembly with
statement separately of warrants issued
by him, to whom, etc.
Also, that the House had concurred in the
Joint resolutiOni providing for the appoint
ment of joint committee to examine into
the accounts, etc, of the offices of the Aud
itor OF Public Accounts, and the Treasurer
of the State.
Also, that the House had concurred in
the Senate bill No. Is, an act in relation to
the trial OF contested election cases.
Pending the debate in the contested cleo
tion case of Pinchback VS.. Jewell, Mr..
0'Hara read evidence from pamphlet sup.
Elementary to the report.
Mr.. Ogden objected to receiving it as evi
dence.
The Chair submitted the question to the
Senate.
The Senate decided not to entertain the
evidence on division-yeas IL, nays 10.
Mr.. Lynch moved to recommit the report
to the committee.
Mr.. Campbell moved that 1t be with GER
tain instructions.
Mr.. Lynch accepted the amedment.
Mr.. 0'Hara moved to lay the motion to
recommit on the table,
Seconded by Mr.. Jewell.
On motion of Mr.. Smith the yeas and
nays were ordered on the motion to lay on
the table, resulting:
Yeas: Anderson, Bacon, Beares, Black
man, Braughn, Darrall, Day, Eagan, Foute,
FRANCOIS, Futch, F. L. Jewell, Ogden,
0'Hars, Thompson, Todd, Wilcox-I7.
Nays: Campbell, Coupland, jerks, Kelso,
ter, Pollard, Ray, Smith, White, whitney,
Williams, Wittgenstein-l6.
Debate was then resumed.
Mr. Braughn moved to adjourn.
The motion was adopted, and the Senate
adjourned.
HOUSE OF REPRESENTATIVES,.
Twenty-SecOnd Day's Session.
THuRsDAY Julv % 1883