The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-04

" To the President snd Members Of the Senate;
"The undersigned, duly elected senator Of the
State of Louisiana asks leave to have spread upon
the journal of the Senate the following protest
against the ruling of the president OF the Senate
whereby be was unlswfuy deprived OF the right
OF participating 10 the organization OF the senate
''0n the first day Of the session the lieutenant
governor by military appointment, and the acting
president Of the Senate, was served with the iol-
lowing military orders by Lieut.. Col. Gentry sec,
rotary 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 CRESCENT
Notwithstanding the foregoing, the president
of the Senate. the bon. o. J. Dunn, refused TO be
governed by the suggestions therein contained
and decided to require the test oath from senators
elect before permitting them to qualify and par
tcipate Ia the deliberations OF the Senate. From
this ruling an appeal to the Senate was perempto-
rily refused contrary to all parliamentary rules
ard law, and in defiance Of the Senate. Tue
effect Of the decision was to exclude from the
Senate seventeen OF the thirty six senators, and TO
debsr them entirely from all participation in the
proceedings Of that body.
The undersigned, therefore, solemnly pro-
tests against this proceeding for the following
reasons:
81. That if the government now existing be
provisional one. as decided by the president of
the Senate il is in all respects subject to the con-
troll Of the military authorities, and the Hon. o.
j. Dunn, a military appOintee, must necessarily
be governed by the orders and instructions ema-
rating from military headquarters; aud in iguor
ing the foregoing orders from General Buchanan,
prescribing the constitutional oath, the president
of the Senate has traDsgressed his authority, to
the utter deprivation of the rights of the under
signed
40. That if the government be of perma.
nent character, and possessing all the attributes
of a civil government then the constitutional pro-
visions must govern, and the only oath that could
have been required OF the senators elect Is that
prescribed by the Constitution.
"3. That by exscting the test oath nineteen
Republican senators were put in possession of the
Senate, who then proceeded to organize and to
appoint committee on elections with power 10
pass upon the credentials of Democratic mem
bers, in violation of military order No. III and
article 1859 Of the Constitution, which prohibit
any legislation until The adoption of the cOnstitu.
tionsl amendment.
4" 4. That in appointing the temporary officers
of the Senate, the president assumed to exercise
an authority not warranted by law, and in direct
violation OF article SIS of the Constitution, which
limits his powers TO vote only when the Senate
is equally divided.
). That by refusing to recognize the right OF
the undersigned to participate, the presiding OH.
Ger permitted the adoption of committee report
unseatiDg one of the senators elect, and giving
his place TO contestant upon purely eXpartl
evidence. by a minority vote of the Senate, not
withstandng the fact was called to the attention
of the president by one Of the Democratic sens-
tors.
For these reasons the undersigned asks per.
mission to spread this protest against the illegal
proceedings of the Senate and its presiding officer
upon the journal.
tSigneD "E L JEWELL. Senator from Orleans"
Mr.. Harris objected. Mr.. 0'Hsrs moved to lay
on the table.
Mr.. Ogden arose and eloquenty defended the
Democratic side of the house, and claimed for
them what the Republican partys platform
claimed for all men-equality OF rights, end de-
msnded that the Senate allow the protest upon
the minutes.
Mr.. E. L. Jewell-Did understand that some
objection has been made TO enter this protest?
Mr.. O'Hsra-I object, SIR.
Mr.. jewell believe there is sufficient magma.
nimty and sense Of justice in this Senate TO allow
the protest to be entered. The protest was
couched in language that co1d not be objected
to.
Mr.. Lynch asked that the protest be read again.
Mr.. Dunn wished to correct the statement In
the protest that there was not quorum present
when the report on elections and returns was
adopted; he could not allow that to pass without
mentioning it.
Mr.. jewell wished TO refer to the journal.
Mr. O'Hars was ready to admit truthful pro
test, but objected to this one.
Mr. Rey Gid not concur with everything that
was embodied in the protest but thought that the
language was respectful and that the
protest ought to be spread upon the journal.
The protest was ordered to be spread on the
journal by a vote of 80 to 4.
When the name of Mr.. Poindexter, colored,
from Assumption, was called, he gave as his rea-
son for voting mo-" that Mr.. Jewell had SAID
nothing in his protest about the Sicilians who
were outside.
Mr.. Csmpbells police board resolution then
underwent a second reading.
Mr.. Campbell moved to take from the table"
the vote tabling tie motion to elect warrant
clerk.
Mr.. 0'Hsrs moved to adjourn, but Withdrew
bis molten.
The vote on the adoption of the resolution
about being taken, motion to adjourn was de-
clared out of order.
Mr.. Jewell moved the election of a warrant
clerk.
Mr.. Campbell moved to lay on the table. Lost.
Mr.. Campbell moved TO postpone until Monday.
Carried.
Br. Blackman moved to adjourn to IL o'clock
on Monday. Carried.