New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-10-07
WILLIAM VIGERS,
Chief Clerk House Of Representatives.


Following is the conclusion of the debate
in the Senate on Thursday, september2l a, on
the report of the committee in the case of
c. c. Antoine:
Mr.. Lewis: From the law which the gen
tleman has Just read and the latter clause of
it, which he saws does amply TO this case.
that the people are presumed to know that
the candidate is ineligible, then the votes
cast for such candidate are blank and the
candidate receiving the next highest num-
Der of votes is duly elected. Now, sir, the
idea that the citizens of Caddo, who had
lived there and had known Mr.. White was a
member of the Legislature before the war
and had served in the Legislature for one
year after the war commenced is it to be
presumed that they were ignorant of the
fact that he was ineligible? You NAV lust
as well tell me, sir, that because do not
know the law have the right to go into your
stable and steal your horse and come be.
fore court pleading ignorance of the
law as to tell NE that they could
go to the polls and cast their votes
for man who was ineligible, as every in.
telligent man in the parish where he resides
knew, aud contend that ne has the right to
vote for him in ignorance OF that fact, and
to contend that Mr. Antoine, man who was
eligible and received the highest number of
legal votes, was not elected. The question
has been settled beyond contradiction that
Mr.. White was ineligible, and under the
very law that the Senator from Claiborne
has quoted II was nothing more than a mule
or post they We're voting for, and the
candidate, who was living candidate in
the eyes Of the law, was legally elected.
Now, it is contended that this is er pa,te
evidence. l am not q LAWYER, and do not
propose or expect to become so
when a question of law is debatable. But
IN the first place Mr.. Lowell came before
this committee and was a live witness be.
fore it, and if any party had seen proper to
90 before the committee and cross examine
Mr. Lowell inlbehalf of the citizens of Caddo.
they could have done so. Mr.. Lowell was an
officer then sworn to impartially discharge
his dudes as Registrar and to make a true
and accurate report to his superior and in
so doing, he reported the fact that there
were frauds and illegality about the election
in Caddo parish. This affidavit here is
part ot his report. 1t is not er parte, pre-.
sented by an interested party, coming
out Tor such a purpose. Neither Mr..
Lowell nor the persons who made the
aitidaylts before him knew that Mr.. Antoine
or anybody else was going to contest this
election; but 1t was the duty, his duty as an
honest man end as an officer of the Govern
ment, to report the unlawful and high
handed measures that were taken in the in.
terror Of the State to control the election.
Mr.. Bacon; Mr.. President, desire to say
TO the Senate. in a very few words if the
seat OF Mr.. White was decided to be vacant
mainly upon the ground that the fourteenth
amendment was adopted as part of the
Constitution of the United States,
and that disqualification, applying to
him back to the time Of his election
n consequence of the adoption of
that amendment, it is absolutely certain
that every Senator who voted against Mr..
White upon that ground, having no certain
ty that the people could not. at the time of
his election, have known that he was dis
qualified because it did not accrue till long
after the election took place. Therefore, il
Is certain that when the election took place
on the seventeenth and eighteenth days of
April lie was rot known by those who
voted for him to be disqualified, because
the disqualification had not yet taken place.
1t will, the law says, if they knew they
were voting for disqualified man their
know 1t because the disqualification did not
accrue, and that is as plain
as words can make it. One gen
tleman, it is true, stated that he was
disqualified at the time because he had not
been registered, but simply speak now of
those who give their reasons. In my opin-
ion, disqualifcatiors or qualifications which
arise under our Constitution as to cases
included in this Constitution, no way affect
cases which come under the Constitution of
the United States. The Senator on nv
right, Mr.. Blackman, has very clearly shown
that SO far as the facts and figures are con-
cetned, except as 10 Thompson, the testi
mony which there was no opportunitv
of eros. examining afforded. 1t seems
from the count. that Mr.. Antoine
did not receive a majority of the
votes, or anything like . majority, when
there Is a question as to whether there
was irald or intimidation. We are approach.
ing q general election-an election for
PRESIDENT Of the United States and members !
OF Congress, Every mau, no doubt, that is
q voter in the parish ofCaddo will deposit
MS vote at the coming election, and then /
they can tell who they prefer to ill the seat
OF the Seuator from their parish. case of
this kind occurred in the House of Rep
Eeaentatiges ut the outset. The House
acted IN an entirely different manner from
the Senate in similar matters, but the sober
second thought came to the House, and