New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-09-23
NEW ORLEANS WEDNESDAY EVENING SEPTEMBER 23 1868


ing Of the Legislature by such Senators as
may be elected, and the members of the
other branch from among the persons voted
for and not elected as Senators, all votes
given on such occasions for any other than
the candidates designated by law though
other wiseieligible, aie thrown away. ~
In England where a plurality only, is
necessary to an election, and whsre the
votes are given orally, it is also held that
If the electors have notice of the disqualif-
cation OF candidate, every vote given for
him afterwards, will be thrown nway. and
considered as not having been given at all.
The effect Of this rule is, that not only will
the election of a disqualified person be held
void; but If such election takes place after
notice of the disqualification is gfven to the
electors, the candidate having the next
highest number of votes will be elected.
This doctrine, however hard it may seem,
is founded in the familiar principle that
every man is bound TO know the law with
reference to any act which he undertakes
TO do; and, consequently, that when an
elector IS apprised OF the fact of disauaii--
fcstion if candidate, and Notwithstanding
gives his vote for him, the elector takes
upon himself the risk tot losing his Wote
it his construction of the law turns out 10 be
wrong.
In this country, it is equally true, that
the election of disqualified person is alb.
solutely void; and in those States where a
plurality elects, and where the votes are
given orally, as in England, votes given for
| a candidate after notice of his disQualifca-
tion are thrown away, and the candidate
having the next highest number of votes is
elected.
In reference to elections by ballot. in
which secrecy is the distinguishing feature,
and in which, consequently, neither the re-
turning officers, nor the electors themselves,
are supposed to know Tor whom the votes
are given until the result is declared, il
seems not unreasonable to consider the
votes for ineligible candidates to be thrown
J away in all cases, and the opposing can
didate elected, where the electors know, Oh
must be presumed to know, the disability
and in all cases where there is no such
actual Or presumed knowledge to hold the
whole proceeding merely void.
This, then, is the evidence of DISTINGUISHED
lawyere and members of the bar in the town
OF Shreveport. Judge Land stated that he
was clearly eligible to any Office to which
the people of the State might see fit to elect
him. Now, sir, this question OF eligibility
was not raised by the contestant at the time Of
. the election. lG was the duty of this con.
| testant TO raise this point then, and to make
, known the ineligikility of his opponent
1 But such was not the case.
Then, sir, If Senators believe the evidence
{ before them sufficiently to bring their minds
to decision that Mr.. White is ineligible
under article fourteen of the Constitution,
which believe they cannot do, for if they
are guided by the rules OF evidence and
r those principles of law which guide courts
of justice, they will declare that he is eligi
BILE to his seat and will retain him in it; but
if, on the contrary, they decide him 10 be
(, ineligible, it will be but justice and fairness
q to the people who he represents that the
election should be declared void and the
people shoudIbe authorized TO held anot ael
f ele stiOn This is the only legal or Just
g course that can be adepttd under the cir
| a1fo M I NlN..fA AIl,I a
not only oear out sucn course, but be
{, lieve that it makes il imperative.
l shall ask the Senate to divide the dues
# ton; first, as to whether Mr.. White is inei
- gible under the evidence and the law, anC
second, whether Mr.. Antoine shall be per
, mitted to pursue the contest.
Mr.. Braughn: l second the motion to
divide.
Mr.. O'Hara: Mr.. President, I simply rise
to call the attention of the Senate TO one
= fact which seems to have escaped the
q memory of the honorable conference.-the
has addressed the Senate. The Journal of
the Senate OF 1861 was produced. and if this
Is granted here as evidence, Mr.. Reuben
= White is clearly ineligible; and | do not
know, sir, that l can say anything better
than it is said here in the brief of counsel
for the contestant, General Sheldon. He
says:
''In the matter of the contest for the
Senatorial seat from the parish of Caddo,
the contestant makes the following points:
> The sitting Senator, Mr.. White, admits that
he was member of the Legislature of 1860.
Then he must have taken an oath to supDort
the Constitution of the United States. for he
was chosen under the State Constitution ol
1852. Article 80 of that Constitution re-
qulres all officers to take an oath to support
tue Constitution of the United States,
Therefore, the first condition of disfranchise
ment under the fourteenth article of the
| at fs1Ff t. L III =
p, for he held legislative Office in this State,
, and 1t being presumed that he complied
with the requirements of law must have
taken an oath to support the Constitution o.
the United States"
"The second condition remains to be in
quired into. DID he subsequently aid the
: rebellion
I "Being member of the Legislature in
1860, he must have been elected on the first
Monday of November, 1853, and for a period
OF two years, commencing the third Monday
4 Of January, 1860, and ending the third Mon
day of January, 1862,
See articles 5, l47 and l53 of the Con-
) stitution of 1852.
4 Senate journal introduced in evidence
/ shows Mr. White, and one only, to have
been member of the Legislature after the
secession OF the State, and that he partici.
pated in The election of Senators to the Con-
, tederate Congress. This was clearly aiding
the rebellion in most decided and efficient
way, for it was giving to that so called gov
ernment one OF the most necessary and
efficient branches-a legislative depart
ment.
"It is possible that the sitting Senator
may quibble and say that the Mr.. White
, who nominated B. L. Hodge, of Caddo, for
Confederate Senator is not the White who is
now contending for his Senatorial seat from
Caddo. he was member in 1860 and must
nave been chosen in 1859, and his term did
not expire until January, 1862. 1t is at least
q presumption that the two supposed Whites
are one and the same man. This is testi.
mony enough to hang man charged with
murder unless he could prove an dlibii in de.
| fense. 1t is certainly prinld fdcie case
one which Mr.. White could easily disproye
if he was not in fact the member who voted
for Confederate Senator. There can be no
doubt about the fact that Mr.. White glided
in the legislative current from the flag of
the United States to that of the Confederacy
win the entlre legislative body to which he
This is the law which governs in all con.
tested election cases. II is the principle
which governs the English Parliament, and
every state in this nation. If the party is
Ineligible, and the electors who cast their
votes for him knowing him to be ineligible,
they have not been guilty of contempt of
law, but they have simply voted for their
choice, and If he is afterward declared in
eligible, the election must be declared void |
Now, as to the fact whether Mr.. White was
| known to be ineligible by the electors of his
parish, what, sir is the evidence of Judge |
ability II is as follows:
''Shortly after the late election of the sew. |
enteenth and eighteenth of April last / |
learned from Hon, I. T. Land that ha with i