New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-07-02

Judge in this case. am not able TO vote for
the report of the committee in the form in
which it is presented. haves the highest
respect for the President, and for his judg-
ment, and the proposition | wish to make Is
not with view of eensuring in any way his
action. l wish to avoid that question alto
gether. But due sense of the obligation
resting upon me as a Senator, under
present circums auces, compels me to
move that the first proposition contained
in the report, and the word how
ever in the, second be stricken out,
We can thus act independently on the sec
ond proposition, and avoid an expression OF
opinion as to whether the Chair was right
or wrong in his decision / wish TO see
this Senate properly organized, and every
man who was duly elected in his seat, that
contestants may come in with their evi-
dence in proper form. BY adopting the
second proposition only we shall place our
selves in a position where we. can go on
without further trouble.
Mr.. Ray-In addition to the reasons assigned
by the Senator from Carroll, for striking
out the first portion of the report, will as
sign the reason that there is no necessity
whatever for the Senate to express any
opinion in regard to the decision OF the
Chair, and as TO what has been done Every
Senator who has thus far qualified and
taken his seat has taken both Vaths, and an
expression of opinion as to the correctness
of the Chair is immaterial so far as they are
concerned. The latter part Of the report
covers all that is desirable. We all under
stand why the latter part is offered There
seems to be difference of opinion from
high sources, but the general opinion
appears to be that the test oath is not nee
essary or proper. So far, however, as those
vino have already taken their seats are con
cerned it makes no difference. Therefore
l think it is unnecessary for the Senate to
express an opinion upon the decision OF
the Chair. / second the motion of the Sen.
ator from Carroll that the first part of the
report be stricken out.
Mr.. O'Hara asked that the report be read,
which request having been complied with
he said:
Mr.. PREsIDENT-The other day every
member of the Senate was boldly acting
under your decision. Every gentleman who
took the test oath by that aet,rec0gnized
the validity of your decision. | took that oath
among Others, and say if | was right then
am right now in uphOlding that decision,
Considering that the State OF Louisiana was
not in the Union, and that il
was to q certain extent under
military power / was in favor of exacting
| the test oath. But in consideration of the
| views of General Grant and others upon the
subject, am now in favor of adopting thii
report, and also of sustaining the position
| taken by the Chair. Had he decided any
| other way he would not have done his duty
as President of the Senate under the cir
cumstances. therefore hope the motor
| of the Senator from Carroll will be with
drawn, aRd that the report will be adopted
Mr.. Lynch would not impuga thu
motives of any gentleman for his action
but l claim that l acted conscientiOusly
The question of your right, sir, to prescrib
that oath was not then before us, YOl
required it. and took it because could d.
so conscientiously. But that is not now thu
question. | do not wish to enter into
discussion as to whether we are acting unde
military or civil authority. l believe tina
the first proposition of the report is uncalleC
for, and that its logic Is not good. l there
fore decline to withdraw my motion.
Mr.. Smith-I move that the motion of tn
Senator from Carroll be laid on the table
My reasons are that by my action in takinl
the oath / sustained the decision of tn
President, and | am not prepared to sa
that was wrong.
Mr.. Darrall seconded the motion.
The President-The report of the CON
mittee has been read. The Senator frOI
Carroll moves to strike out the first section
which motion was duly seconded. Th
Senator from Jefferson now moves to la
the motion of the Senator from Carroll upo
the table, and his motion has been Sc,
oRded.
Mr. Lynch called for the yeas and nay
and his motion was seconded by Mr.. Ray.
The roll was called with the followin
result:
Yeas: Campbell, Coupland, Darrall, Fral
eois, Harris, Kelso, Lewis, MOnette, o 0Hari
Packard, Poindexter, Pollard, Smith, Viii
ney, Wilcox and Wittgenstein-lG.
Nays: Beares, jerks, Lynch, and Ray
Mr.. Lynch asked that in accordance wit
parliamentary rules the vote be take
separately on each proposition.
The President suggested the propriety
receiving the report before taking the vo
on the separate propositions.
Mr.. Lewis moved that the report be r
ceived, which motion was seconded an
carried.
Mr.. Lewis moved that the report
adopted. e
Mr.. Lynch moved that the vote be take
on the propositions separately, as a rigl
, which all parliamentary usages gave, whic
motion was seconded by Mr.. Ray.
The first proposition of the report wa
then read.
Mr.. Campbell moved that it be adopted.
Mr.. Ray-In some remarks day or tv
ago expressed the opinion as to the lega
ty of the decision of the Chair that it W
, erroneous, and see nothing since toindu'
J me to change it. My opinion then was tn
! the constitutional oath only should be I
auired; and being of that opinion still,
shall be compelled to vote against this pa
= ofthe report.
The question being called for, the fiji
4 part of the report was adopted.
Mr.. Lewis moved that the second part
. the report be adopted. The motion W
/ seconded. ..
: Mr.. RAY wish to explain my vote
! relation to this part also. | shall vote
! favor of it, although do not think that t
military officers Of the government ha
!. any right since the passage of what is cal
! the omnibus bill TO give an opinion wi
: regard to the proceedings of this Legis
= lure. vote for it because believe &
y constitutional oath is the proper one to 8
/ minister 70 members.
The motton being put, was adopted by
unanimous vote.
The President called for the report Of t
'e Committee on Rules and Orders.
Mr.. Ray, as chairman Of that commit,
h submitted the following report:
The committee TO whom was referred I
le resolution to adopt the standing rules a.
I. orders of the Senate of 1860 as the Ful
n and orders of proceedings of this Sena'
" respectfully report by resolution as follow
II ResolUed, That the rules aud regulatio
Is Of the Louisiana State Senate, adopted
It its special session in 1864, except I
Ie changes made in the copy presented wi
S, and as part of this resolution, be adopt