The south-western. [volume] (Shreveport, La.) 1852-1870, 1868-07-08
Proceedings Of the Dunn-eolored Legislature.

ffOc6eQ1USSCi tlS 0unA-eO4oAS a AAS5 A'AeSeAA -
This body of men, publicly assuming to represent the
people Of Louisiana have so far only rendered
odious to entire people by the illegal manner OF
their organisation. The following protest from Sena
tor Jewell of Orleans which, after short debate, was
spread upon the journal, sufficiently sets forth the
facts
To the President and Members of the Senate:
The undersigned, daily elected Senator OF the State
of Louisiana asks leave to have spread upon the jour
nal of the Senate the following protest against the ru
ing of the President of the Senate whereby he was un
lawfully deprived of the right OF participating IN the
organisation Of the Senate:
On the first day of the session the Lieut. Governor,
BY military appointment and acting President of the
Senate, was served with the following military Or
ders by Lieut. Col Gentry Secretary of Civil Affairs,
| for the information and guidance of the Senate.
Here follow the military orders referred to, which
were published at the time in the Times
| NOTWITHSTANDING the foregoing, the President of the
Senate the Hon. o. j. Dunn, refused to be governed
by the suggestions therein contained, and decided to
require the test oath from Senators elect before per
hitting them to qualify and participate in the delber
atons of the Senate. From this ruling an appeal tc
the Senate peremptorily refused, contrary to all
| parliamentary rules and law, and in defiance OF the
Senate The effect of the decision was to exclude from
the Senate of the thirtysix Senator'S and to
debar them entirely from all participation IN the pro-
| ceedings Of that body.
The undersigned therefore solemny protests against
this proceeding for the following reasons:
/. That if the government now existing be pro-
visona one decided by the President of the Senate
it is in all respects subject the control of the military
authorities, and the Hon. 0. j. Dunn military ap.
pointee must necessarily be governed by the orders
and instructions emanatng from military headquarters
and in ignoring the foregoing orders from Gen. Buch
anan prescribing the constitutional OATH the President
| H., bic tbnritv to he
utter deprivation of the rights of the undersigned.
| g. That fthe government be of permanent character
and possessing all the attributes of civil government
then the constitutional provisions must govern and the
only oath that could have been required OF the Senators
elect is that prescribed by the constitution.
3. By exacting the test oath nineteen Republican
Senators were put in possession of the Senate who
| then proceeded to organise and to appoint Commit
tee Elections, with power to pass upon the creden-
tials of Democratic members, in violation of military
order No. 121 and article l59 of the constitution,
which prohibits any legislation until the adoption OF
| the Constitutional amendment
4. That in appointing the temporary officers of the
Senate the President assumed exercise authority
authorised by law and in direct violation of Art
Sc of the Constitution WHICH limits his powers to a
vote only when the Senate is equally divided.
S. That by refusing to recognise the rgh of the
designed to participate, the presiding officer permit
ted the adoption of committee report pnseating one
OF the Senators elect and giving his place to contes
tant upon purely pare evidence, by majority vote
of the Senate, Notwithstanding the fact called to
the attention of the President by of the Senators
For these reasons the undersigned asks permission
spread this protest against the illegal proceedings of
the Senate and its presiding officer upon the Journal
E. L. JEWELL, Senator from Orleans
Similar action had in the House In both
houses the requirement of the test oath reconsd
cred. The following report to the House explains the
reasons of this action
"To the Honorable the Speaker and Members of the
House of Representatives:
'Your committee, to whom referred the COM
munication of Gen. Buchanan, Commanding Fifth Mill
tary District, beg leave to submit the following report
s'This committee find it difficult to harmonise the
position assumed by Gen. Buchanan with any conceiv-
able theory to the character of that body If as is
claimed, we only provisional assembly, then
clearly it is the duty of the military commander of
this district to exact the test oath prescribed in the
act OF Congress approved July 2 1862.
"Any other course on the part of the commanding
officer of this district is direct violation of this law
If, on the other hand this body is State assembly,
convened under and by the constitution of the State,
then Gen. Buchanan has authority whatever to in
tertere with the action of the House.
SIN neither view of the his be usti-
fed. But your committee have concluded, after due
consideration and in view of the fact that the General
OF the Army has expressed an opinion that members
of Legislature only required to take the oath pre-
the officer in command of the army of the United
States in this District has proper to order that
oath be required to recommend that the rule of the
temporary Speaker refusing members to qualify
cording to the reconstruction laws of Congress- be so
far modified to permit any person declared elected
who is not disqualified from holding Office by the pro-
posed amendment to the constitution of the United
States known Article IA, to qualify by taking the
oath prescribed in the new constitution"
Signed by "W. l.. Mcmillan, NJ Car: and D. Burrell.'
In the Senate, Senator from Caddo was admit
ted, though his seat is to be contested by c. c. An
tome. But the House, notwithstanding the request
of its committee, and its adoption decided to exclude
all Democrats, whose seats contested and with
bold, shameless and defiant contempt of every
principle of law, they have admitted to seats the de-
feated candidates from Caddo selected one of their
number, nonresident, C. w. Lowell their speaker.
The following appears as part of their record
Mr.. Morey, of Ouachita, moved to admit to their
seats all those who were declared elected bv Gen.
Buchanan.
This motion raised a storm of indignation in the
Radical camp.
Mr.. Morey said it was matter of courtesy to pass
this resolution.
Mr.. Pope Noble, of New Orleans, cited the law up
this subject and commended that it was matter of
right and justice to admit every member declared
elected to his seat. If it were shown that fraud and
intimidation used at the balot-box he would be
the first man to vote for rejection; but unless this
shown the respective members had right to de-
mand their seats. The resolution was reject d.
The House. on the motion Of McMillen determined
that all the Democratic members whose seats were
contested by Radicals should be kept out in the cold
until the election committee had reported upon their
eligibility. On the proposition of the same omnipo-
tent gentleman it further resolved that the roll
should be called and that all Democratic members
whose seats not contested by Radicals and who
were not disqualified by the constitutional amendment
by the DISTINGUISHING clauses of the constitution of
1868, should be sworn in.
These terrible articles were first read for the gen
eral warning and instruction.
The roll being called, only three Democratic mem.
bers out of foryfve declared by the Military Com
mander to have been elected were enabled to come
forward and take the oath prescribed by the constitu
ton. The remaining forty-two had either been I'M
seated without law evidence their seats were de-
clared contested" The fortunate three were Messrs
W. Ii. Pierce of Livingston, c. R. May and W. Pope
Noble of New Orleans.
These proceedings were not unattended with evil
dences of popular indignation and excitement in the
city, rendering necessary the attendance of the troops
Our contemporary, the New Orleans Times, of the I'd
inst, gives the following account:
At a late hour ON Tuesday night rumor was rife
on the streets, that Wednesday morning body of
white men, whose numbers were variously estimated