New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-07-02
SENATE.
WEDNESDAY,, July /, 1865.

hEDNhsDA1i JulJ l. loOo'
At ten minutes past twelve the Senate
was called to order by the President.
The roll being called, the following mem.
bers answered to their names:
D. Beares, II. ]. Campbell 7. V. Coup
land, G. B. Darrall A. B. FRANCOIS, j.. S.
Harris l.. B. jerks, G. Y. Kelso, j. B.
Lewis, ]. Lynch, j. J. Monette, P. O'Hara,
G. @. Packard, r. Poindexter, G. Pollard,
J. Ray, NJ. F. Smith, A. r. Whitney, G. viii
cox, J. Wittgensteir,
Prayer was offered by Rev. Mr.. Fisk.
The minutes of the previous days pro.
ceedings were read.
Mr.. Wilcox desired to have the minutes
corrected in so far as his vote was concerned
upon the motion of Mr.. OHara to lay upon
the table the motion of Mr.. Ray that the
Senate listen to the remarks of Mr.. Black
man. He had voted nay, and not yea, as
reported. He thought that inasmuch as the
gentleman had been declared duly elected
by the military authorities there would have
been no improperly in hearing his re-
marks-that common courtesy demanded
we should grant him that privilege.
There being no objection the minutes were
so amended.
The President called upon the chairman
of the committee to whom was referred the
communication of the General Command
ing the Fifth Military District in reference
to the oath of office to be administered to
members of the General Assembly.
Mr.. wittgenstein, chairman of said COM
mittee, presented the following report,
which was read by the Secretary:
COMMITTEE RooM,
New Orleans July l. 1868,
To the President and Members Of the Senate;
GENT1EMEN-You committee to whom
was referred the Communication from the
Commanding General of the Fifth Military
District in reference to the oath of office
to be administered to members of the Gen
eral Assembly, beg leave to report that they
have given the subject careful considera
ton, and are unanimously of the opinion
that the action of the President Of this
honorable body requiring members to take
the oath OF office prescribed by Congress
commonly known as the ''test oath, . Is well
| founded in law aud should be fully sustain
\ ed BY the Senate. A due respect how
ever, to the wishes Of the Genera
commandin4 the armies of the United
States, induces your committed to recon-
mend the discontinuance Of the a les
/ NANutft anu Nllht AAGlCGiNIA A4bulhSla Dt
allowed to qualify in accordance with tht
constitution of the State of Louisiana, anC
| the proposed amendment to the COnstltu
tion of the United States known as tn
fourteenth article.
JOSEPH WITTGENsTEIN,
Chairman of Committee.
Mr.. Campbell moved that the report b
adopted.
Mr.. Packard seconded the motion, whicl
was carried.
Mr.. Campbell-I ask the indulgence Of tn
Senate in one remark regarding the consid
erations which influence the committee il
making this report. We were unanimoUsl
i Of the opinion, sir, that there was no othe
course left for the presiding officer Of thi
body in the position he then filed than tina
taken by him; and that under tn
present laws of the United States
under which we are acting, and in tn,
present incomplete and inohoate condition
OF the State government which is now oil
ganiZing, he would have heeu clearly in thu
wrong had he taken the respOnsibility 0
deciding that the oath required under thi
acts Of Congress of all persons who hai
held ofiiee in the then rebel States
should not bep required, during tn
time in which he was the sole Oihcer G
this body. As q quorum has now beei
organized, the committee refer the Who'll
matter to the Judgment Of the Senate.
IL q spirit Of magnanimity and fairness-
aud ofjustice, If you please--in spirit 0
due concession to the feelings Of Reput
lieals. even, upon this door and throughou
the State, we now wish to see all disabihtie
that we're necessary at one time removed a
far as possible, and recommend the discoI
tinuAnco of the use Of the test oath for Ii
qualifications Of members.
Mg. Lynch HegrOt, sir, that acting as
am under the solsmnity Of an oath g