New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-06-30
IN SENATE.

At twelve o'clock the Senate was called to
order by the President ex oficio, Lieutenant
Governor o. J. Dunn.
Prayer was offered by Rev. W. NJ. Henry.
The President appointed Captain Merritt
secretary pro tenn, and William Mumtord
sergeantatarms pro tem., and Mr.. Mon
roe doorkeeper. eG
The secretary then read the proclamation
of the Governor convening the Legislature,
and special orders l49, from headquarters
Fifth Military District, appointing H. @.
Warmoth Governor, vice Baker removed
and o. j. Dunn Lieutenant Governor, vice
Voorhies, removed. The secretary also read
the telegram signed by Major Keeler OF
eighteenth ofJune,
The roll was then called, when all the
members elect answered to their Names
with the exception of Messrs. Futch and
Williams.
The president stated that as he was not
advised whether all the members present
could qualify under article ninety-pine of
the constitution (Which was read by the
secretary he deemed 1t his duty to require
the test oath to be taken. If any we're
thereby wronged they would obtain redress
at the hands Of the Senate when fully or
ganized. He based his action on article
ninety.nine Of the constitution. =
Mr.. Blackman appealed from the decision
of the chair. He held that we we're acting
entirely inside the constitution framed by
the Convention. The president of the Sen
ate was but an officer created by that con-
stitution. He then read article 100 of the
constitution, which embodies the oath re
quired of members of the Legislature.
The enforcement of any other oath was a
violation of the constitution; besides, the
question had already been settled by Cen
eral Grant In dispatch to General Meade,
ordering him not to allow the enforcement
Of any test oath other than that prescribed
by the constitution of State. He claimed
the right to appeal to the Senate from the
decision of the President and relied upon
its justice and patriotism to sustain him.
Mr.. Bacon seconded the motion OF Mr..
Bla ,kman. ", s-r...,5.,. ...4.,
Mr.. Sambola thought the motion unneees'
sary, If Senators took any oath whatever
it must be that prescribed by the constitu-
ton.
The President said the gentlemen seemed
to forget they had taken no oath whatever.
The President was thus far the only quail
fed member of the Senate. It was neces
Sary they should be sworn in before they
could appeal from the decision of the chair.
The gentleman who had addressed the
Senate at length (Mr. Blackman) had failed
to notice the article preceding the one read
by him, which contained several exceptions,
The oath taken must be in accordance with
these.
Mr.. Blackman said that the position Of
the President was incident to his office as
Lieutenant Governor, aud the oath required
Of him as such under military appoint.
ment differed from that which should be
required Of Senators, No members who
have made what is known as the ''recanta.
ton oathn can be justly excluded. The
avowed object of the war had been, on the
part of the opposite side, the advancement
Of liberal principles; and now that il was
over there should be libsrality displayed on
all sides. Senators should not ALLOW them.
selves to be gangrened by petty jealousiss.s
but should act according to their con.
sciences, and under tue constitution.
Mr.. Jewell, Of Orleans, said there was but
one point to be decided whether the Presi,
dent had a right to prescribe any oath. He
had moi, He was not an officer elect,
ed BY the people, but by military
appointment. He had no right to
prescribe rules for the government
ef this body. Their rules were distinctly
laid down IN tAe constitution, whereas the
President was responsible TO the reeonstrue.
tion acts because created by authority dele.
gated ~ those acts. sss5 ~,
If We are golpg 70 take the test oath we
are not Legislature acting under the terms
and pro7lsions q the iconstitution. The