New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-07-15

tiff, unleso 1t be proved that the people O
the Twenty. First Senatorial District, voted
knowingly and in violation of law, other
wise, 1t must be returned to the people fol
decision; second, that the evidence O
fraud adduced was erpdrte, and illegal. a.
notice was not given by the plaintiff to the
defendant as required by law.
The motion of Mr.. Jewell to make the
subject the special order of the day fol
Thursday was adopted upon a division
Yeas is, nays IL.
Mr.. White said he had presented evidence
to the committee which had been refused.
Mr.. Smith, on behalf of the committee
said that no evidence presented by Mr.
White had been refused until after the re
port was closed.
Mr.. Day moved that the evidence of Mr.
White be printed with the report and
evidence of the committee.
Mr.. Braughn said the evidence of Mr.
White should go before the Senate. 1 be.
lieve, sir, from the intercourse l have had
with the members of this House, that every
one is desirous to see that Justice is done
and that every man who is legally entitled
to his seat shall retain or obtain it. In con
sideration of that fact think the whole
matter should be reCommitted to the com
mittee that the evidence of Mr.. White NAV
be received, and then if any doubt exists in
the minds of the Senate that the whole
proceedings be published. For that pur-
pose move the reconsideration of the res
olution to make it the special order fol
Thursday.
Mr.. Bacon was opposed to a reconsidera
tiOn for the purpose of referring the matter
again to the committee as they would prob
ably reafirm their report.
Mr.. 0'Hara said on Mr.. Whites second
appearance before the Committee on Elec
tions after 1t was reappointed, he had ad
mitted his ineligibility, which precluded the
necessity of examining the evidence Ol
fraud. remarkable feature of the case
was that one of the gentlemen who signed
the minority report upon the nexc day
changed his mind. He wanted to know
what had wrought this change. Was il
outside pressure
The President called the Senator to order
1t was not in accordance with the dignity ol
the Senate to refer to outside influence.
Mr.. White rose to q question of privilege.
He never admitted he was ineligible. He
told the committee they must Judge of that,
and offered other evidence. He had merely
said he would much rather be down home
planting corn than sitting in this Senate.
Mr.. Blackman moved that the matter be
referred to the Judiciary Committee.
Mr.. Lynch-Mr. President, hope the mo
tion to reconsider for the purpose of recon-
mitting will prevail, that the testimony
offered by Mr.. White may be received by
the committee, and all the evidence in the
case be printed.
Mr.. Thompson said it was very true he
had signed the first report made, but after
mature deliberation and an examination oi
the law he found it was an error
In the case of Ar. Jewell the same kind Of
evidence had been rejected by the commit
tee, besides which Mr.. White did not have
the legal delay that was due. The commit
tee acted improperly and hurriedIy in the
matter.
The motion to reconsider was adopted.
Mr. Jewell moved that the report be taken
up Immediately.
Adopted.
The following communication was re
ceivedfrom the Governor, which the Presi-
dent Oft the Senate directed to be read:
-..-.. EXECUTIVE pEPARTMEST. !
New Orleans, July a. 1868
Ts the President and Members of the Senate:
transmit herewith for the information q
the Senate a copy of Special Orders No
l54 from headquarters of the Fifth Military
District declaring that military law nc
longer exists in the State. The civil law i:
supreme. .....-..-z...y
, Governor of Louisiana.
(The special order is the same as publish
ed in yesterdays papers.)
Mr.. Bacon moved that the message of tht
Governor and the order of General Buchan
an be spread upon the minutes.
Adopted.
The President informed the Senate that h,
had received the resignation Of Senate
Harris, and had informed the Governor 0
the fact. .......
On motion of Mr.. Lynch, the doors wer,
closed, and the Senate went into executive
session.
The executive session having been raised
Mr.. 0'Hara moved that the reports of thu
Committee on Elections, with of the evi
dence be referred to that committee, anC
that both parties have the privilege of pro.
dncing such evidence documentary and 9th
erwise as may be in their possession.
Mr.. Jewell, of Orleans, objected to the
word documentary, y because sedeeumentary
evidence had been taken weeks beforehand
without allowing Mr.. White the privilege o
examining the witnesses, and of introducing
rebdttiBg testimony.
Mr.. Bacon said the reference of document
ary evidence did not make it obligatory
upon the committee to receive 1t, and Il
they improperly decide it to be good testi
mony when 1t is not 1T comes back before us
Mr.. Blackman seconded the motion of Mr.
0'Hara. II the testimony is taken in aC
cordance with the laws of Louisiana, with
out our directing how IL shall be taken, d,
nOb DtNbuAlc Nudb Will NIOldIt
their sense OF duty by receiving testimony
which the law absolutely prohibits.
Mr.. Campbell called attention to the word
of the minority report, and said the whole
matter to be settled was the eligibility o
ineligility of Mr.. White. and the instruC
tions of the committee should have been t
report upon that question alone withou
reference to frauds. Mr.. Campbell wa
about to read from the Manual of Gushing
when
The President said he thought the argu
ment should be confined to the question O
reeommitment.
Mr.. Campbell said he understood tn
question, and argued that a recommitmen
was unnecessary, as the Senate was perfectl
competent to decide at once the question q
eligibility, which was the vital point in tn,
case. He then read from Cushing's Manual
showing that the votes given for an ineligibl
person are null and void, and go for no persol
IN law. five decide that person is found +
be ineligible, it does not seat the contestant
The result is, 1t goes back to his eonstitu
ency, and If they prove obstinate they hav
oRly to put another party in the field who
ineligible and have him again unseated, an
so on without limit. The law is plain tina
where ineligibility is obvious and known t
all of the voters, their votes are given 70
no purpose, Therefore,, hope the Senat
will take up the evidence and decide tn
matter at once. Delay is unjust to ourselves
to the parties. and their constituents.
Mr.. Packard offered an amendment tha
the committee be instructed to refer to tn
Attorney General of the State for decision
upon any questions of law that may arise
The amendment was accepted, and tn
motion to recommit was adopted. So
On motion of Mr.. 0lHara the Senate ad
journed.
HOUSE OF AsEE Is kEsENTATIVEs
Fourteenth DaS's session.
TUESDAY, July IA, 1868.