New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-09-04

70 dodge any question that may come be-
tore 1t. think, however, that under Par
lamentary rules we can not act upon THIS
question. Now, I know very well that
can break the quorum, but do not desire
| to do it. It is very true that on Saturday
last there was sprung upon us question
which l did not think would be considered
until the coming week. ] was tired, and
was very glad to get out of here, and
went.
MI. Campbell: Will the honorable Senator
from the Second District allow me to ask a
question?
Mr.. Foute: Certainly.
Mr., Campbell: ask the Senator to give
his opinion upon that clause which says
that smaller number shall have full
power to compel the attendance of absent
members"
Mr.. Foute: do rot desire, Mr.. President,
| 70 enter into any debate upon this subject.
| think and believe that certain PROPOSE
tons, certain resolutions, which have been
offered here, ought to have been acceded to.
| Not that the result would have been differ
/ ent at all from what it has been to-day.
do not desire to enter into an analysis OF
laws, or constitutions, or articles of consti.
| tutlons. 1t is purely question OF fairness
and justice. You have four or five mem
bers absent and what we call the Demo.
cratic party have four or five members
absent. Next Thursday OF next Monday all
OF these are expected to be present.
| The trial can not then be more unfair
than 1t would be to-day, and it certainly
| could be tairer than it would be to-day.
They say the Democratic members have
left the Senate. am here. l ask nothing
| IN behalf of the people I represent more
| than fair judgment upon this case. Now
| | only wish you, gentlemen and Mr.. Presi.
dent, to give these people chance to dig
nifty and illustrate the position which Mr..
Jewell claims, and which Mr.. Pinchback
claims, and try it fairly. As 1 said be.
fore am not afraid of it. Let it come
up, fairly, squarely,. promptly and
with deliberate consideration and strict
| regard for the rights Of every man. and l
am not afraid of the result. I can not help
legislation when l know there is no quorum
here. can not help legislation if I can
avoid it, when know that injustice is be-
ing done or contemplated to be done.
Why not postpone this thing If you have
made up your minds gentlemen, to unseat
this man and seat the other man, do it con.
additionally, do it with decorum and honor.
Nobody then can complain. That is all
have to say, sir.
The Sergeant.at-Arms reported that he
had found three members-Mr. Braughn,
MIR. Thompson, and Mr.. Bacon. They
stated they were talking the matter over,
and they would probably be here in a few
minutes. They denied my right to go into
private house-that of Judge Braughn.
Mr.. Campbell: 1 call, sir, for my motion.
The President: l will state to the Senate
that they have law sufficient to carry them
out if they put the law into execution. If
it is necessary that we have quorum, and
members are in the city, if we do not have
quorum the fault is that of the Senate in
not putting the law into execution.
Mr.. Campbell call for my motion that
the doors of the Senate be closed.
In n1TIff ion MAJ ndn Il
Mr.. O'Hara: ask for a call Of the House.
The President: The Doorkeeper will close
the doors and permit none to leave unless BY
permission of the Senate.
Mr.. Foute Mr.. President l beg the
Senate not to urge these severe measures.
IT the folly Of members will lead them
astray let them 60 for while. The resolu.
ton to prevent their leaving was adopted
without quorum.
The President: 1t was adopted in accord
ance with the Constitution, which provides
that less than quorum shall have full
power to compel the attendance of absent
members. Look at the constitution.
Senator Foute | am really sorry that the
State of Louisiana has to resort to such a
plan to get quorum.
Mr.. Packard move that the Senator
have a copy of the constitution to read.
Laughter)
The absent Senators having come in, the
roll was called, and quorum found present.
Mr.. Ogden moved to go into secret session.
but withdrew for Mr.. Ray.
Mr. Ray; Mr.. President, under the cir
cumstances of the case | renew the motion
Of Mr.. Braughn to postpone the case until
Thursday next.
The President: The chair is of the opinion
that it is necessary to have reconsidera.
ton to do that.
Mr.. Ray: In order then not to make it ne.
cessary to have a. reconsideration, I will |
move that 1t be postponed until one O'Clock |
on Thursday.
Mr.. Whitney; The previous question was
ordered before the quorum was broken. |
think that should be the order now.
hlr. Lewis: The proper question, sir before |
this House is on the adoption of the majority |
report of the Committee on Elections, upon |
which the previous question was called. |
When that previous question was called the |
Democratic members broke the quorum.
left the House, and left it exactly in that |
position. Now, sir, / contend that there
was no amendment. No motion is in order
until that previous question is put.
The President: There was also motion
made to adjourn, and we call the yeas aud
nays on adjournment before thequorum was
broken.
Mr.. Lewis: But contend where the pre-
Vious question is called that question stands |
until there is a quorum.
j
under an error. If the previous question
iad been ordered it would have stood. But |
there was no vote taken upon it at all. 1t |
was called for and seconded, but had not |
been ordered, Consequently it does not |
stand under that head.
Mr.. Lewis; Unless the Democratic mem. |
bers OF this house promise me upon their |
honor that they will not attempt to break a |
quorum on Thursday or Friday, / shall call |
for the previous question on the motion to |
adopt the majority report. But If they will
say that they will be present and stand their
ground, l shall vote for the reinforcement
they desire. But do not propose TO volun.
tarfly give them an opportunity Of postpon.
ing from day to day and filibustering In the
they have been doing. l do not |
propose TO do any such thing. 4
Dir. Bacon: | will simply say that we |
came back just now not under any call from |
the Sergeantat- or any fear of being |
taken by him, but with the desire of taking |
our seat and letting the Senate do as it |
pleased. We came back to resume our seats
as Senators under no compulsion and under
no expectation Of being compelled to come. /
Mr.. Campbell, Mr. President, The SEM
ator from De Soto yielded the floor on the
condition that should renew the motion
he wished to make. l rise, sir to state L
that having consulted with quite q number 4
OF Senators, who have agreed with myself
that we have had this report some DAYS
before us, and believe all Senators really
Interested have had ample time to investi- |
gate the subject fully. And believing that
delay viii be more prejudicial to de fn-
terests. not only OF the contestants but
o. me people whom ! represent and to the i
business OF the Senate. in leaving a vexed !
question undecided, than the Immediate
decision Q. 4 can be, ] am opposed to the /
delay, and am In favor Of decidino this |
faen an that va snst, nsf, -, ..ls4. ~ ! ~