New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-09-01


would be any better before tSis hodv thar
tne OPINION OF the Attorney General. IN
fact we would be in measure bound by the
decision of the Attorney General. But
can not conceive wherein we would be
bound BY any decision Of the Judiciary
committee, because all their decisions are
brought before the Senate for their action
upon them. Hence / can not see the
urgent necessity of throwing this case be-
fore the Judiciary Committee. II the gen
tieman will allow me to amend his resolu-
ton, would amend IL by giving the Judi
ciary Committee the investigation of all
election cases, with reference not only to
their legal but all other bearings. Iw0uld like
to be relieved from the Committee on Elec.
tions, as IT is not a labor of love, I assure
you. And II the gentleman viii accept my
amendment Ishall be in favor of the reso-
lution-otberwise / shall insist that the
decisions OF the Attorney General are bind.
ing and ne is the proper advisor Of the
committee. Hr sg ~
Mr.. Blackman: / will not accept the
Mr.. Coupland: Then shall insist that the
decisions of the Attorney General are final,
and oppose the resolution. ~
Mr.. Smith: Mr.. President, will state that
these points which have been raised by the
defendants in the case of Reagan VS.. Day
have been referred to the Attorney General
for his action, and in regard to this resotu-
tion, with due respect to the opinion of the
gentleman, / must say that consider 1t an
insult to every member of the Committee
on Elections, 1 call the previous question.
Mr.. Baconi Mr.. President, there seems to
be some feeling in this matter on the part
OF members of the Committe of Elections.
l think these gentlemen ought not to feel
| any sensltlveness upon this subject. / be-
| lieve no one of the members of that COM
mittee except, perhaps, Mr.. Thompson is q
Frtcb anS N 1SS.,..ut,s.. ~ PTtlnaPe t-Lt
not to think it a reflection on them that
questions of law are referred to that COM
mittee which is the body which has been
raised as standing committee for cur
guidance and instruction upon legal
No one, sir, whether he be lawyer or
not should feel himself at all reflected upon
if questions which involve legal decisions
are left to that committee.
The Committee on Elections, sir, is eN.
pected to be engaged in preparing evidence
and not in legal inquiry. They give us the
facts and we decide upon them. Now, there
is question of law which comes up con
nected with their report and It'll proposed
that this question Of Law may be referred
to our law advisers.
Gentlemen have told us that the Senate
! has authorized them to apply to the AttOr.
> ney General for his opinion. We have done
! so. The gentlemen may have or may not
D have the opinion Of the Attorney General.
i If they have, it is only the opinion OF law
! | officer of the State, who has been elected
for the purpose Of prosecuting its claims
before the Supreme Court and certain cases
before the First District Court of this city
$ 1t is novel thing, however, for an Attor-
ney General to give his opinion to the legis-
, lative body OF the State concerning their
! proposed action.
) Mr.. Smith: would like to ask the gen
; teman if Congress calls upon their Commit
4 tee on Judiciary or refers questions from
q other committees to that committee?
!. Mr.. Bacon: Yes, sir, it is a common prac.
! tice. a
. Mr.. Smith; / would like the gentleman to
r point to an instance.
q Mr.. Bacon: It is common thing, as he
I will see by the files of the Globe. Now, as
4 to any discourtesy which may have been in
{. tended to the Committee on Elections in
i. this matter, / answer, we have certainly
. acted with remarkable courtesy to them in
u that we have not referred these questions to
= them conformity with the Judiciary Commit
. tee long ago.
gets that we have constantly been referring
/ bills to the Judiciary Committee and the
Finance Committee conformity, and the Ju-
!. dietary Committee and other committees
. conioiIItly, putting the Judiciary Commit.
4 tee in for the purpose Of having its opinion
:. as to the constitutionality or legality of the
j law proposed. don't think there is any
r impropriety or rudeness in so doing toward
i | other committees. By referring this i'm
n portant question of law to the Committee
on Elections, we have allowed these cases
is to be dragged along SO slowly as to weary
Il the patience of all interested, whereas II we
> had referred them to the Committee on Ju-
y dietary, they would have decided them at
re once, and thus greatly facilitated business.
n As to who is the proper adviser in this
" matter, would state that the very article
Of the constitution quoted by the Senator
Il. from De Soto few minutes ago, As 70 the
!. fact that the members of this body are tht
,p proper judges OF the qualifications Of thei
,e own members, shows that the Attorne'
is- General is not the proper person to decide
lis We are a law unto ourselves. The neares
1e we can get to an authoritative exposition o
be the law is to refer it to the Judiciary Com
mittee. sfi-
ID i think it is more disrespectful to thl
ns Judiciary Committee that when we have n
n important legal question before us WI
te committee, whom we have selectel
ce as our legal advisers upon sucf
n subjects, and that we should with such rud
A. timerity go forward and act upon question
b upon the crude notions Of those who hav
no bestowed no careful attention to these legs
he subjects, and no careful investigation as I
ee what laws are of binding effect In the part
n cular cases before them. III there is an
bt want of respect ehown in this matter, tbs
M want of respect is shown to the Judiciar
d, Committee in being unwilling to receiy
,se their opinion upon these legal subjects wit
ns respectful consideration, and IN beng gunwi
rs ling to act upon and be guided by them.
N. The Committee on Elections is c0mpeten
te, to obtain first q summary Of the eyidenc
II. and second to make statement OF the fact
iy to the Senate. The Committee on the judi
m ciary is the proper one to give us an opinion
m. upon the subject of what is law and what Il
not law, what is binding under the constttu
.ul tion and what is not binding under the con
an stitution. We should enter upon no suol
10 investigations and come to no such conclu
~ sions without first askipg their advice.
- MIR. THOMPSON: Mr.. President, as men
on her Of the committee / rise for the purpos
ssa Of advocating the passage of the resolu
~ tion. There have been questions pre-
~ sented TO that COMMITTEES in respet
5s1s to which they have ignored the pfair
Il EST statutes Of the State. do nc
n consider that under the obligations / haT
! taken as Senator here; that It Is my dut'
Sc TO 60 into an investigation Of the case, ufi
he less it is presented in legal and torma
be manner.
1e IF the contestants do not comply with the
II, law, do not see how we can, under our obj
le cations as Senators, gointo an investgati
be of the case. There must be some efarttnE
D. point, and 1t must be presented 10 q legal
th manner; and, unless SO presented II should
of be rejected. The passage OF the resoution
o. will save the COMMITTEES on Elections much
e time and trouble, and it viii save expense
M to the State; because, If We 90 into an inves
tieation. which Is legal in its character, AL
At the labors We perform in disregard Of law
Fv amount 10 nothing before this body.
gi- therefore hope this resolution may pass