New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-09-04


New Orleans.
Rules suspended, and the bill read and re-
ferred to a special committee composed of
the city delegation.
Tie President announced Messrs. Ray and
BlaokmaD, on the part of the Senate, on the
joint committee to revise the statutes of the
State generally.
The Senate then went into executive ses-
sion, and adjourned thereafter without trans.
acting business.
In the Senate on Monday, August 81, Mr..
oHara offered the following resolution
Resolved, That in view of the vacancy oc.
| curing IN the Senate in consequence of the
election of Mr.. Harris TO the Senate Of the
United States, eighteen members shall here.
after constitute quorum of the Senate.
Mr.. Blackman Mr.. President, a resolu-
ton of that kind, sir, hope, will not be en-
tertained by the Senate. At time like this,
when the seat of an honorable Senator is
contested, and many Of his friends are ab-
| sent from the Senate; when we find our
selves almost forced without fair and i'm
partial Investigation into these cases. At
time when we should adhere strictly to the
constitution, and not violate it, gentlemen
would have Senators vote for a resolution
which is palpably unconstitutional. quo
rum is a mere majority of the members of
the Senate. The constitution tells US that
the Senate is composed of thirty-six mem.
| bers, whether absent or present. Whether
| there are vacancies or designations, the
Senate is composed of thirty.siX, and a ma
jority of that number constitutes a quorum
of the Senate.
Now, Mr., President, there is right way
and wrong way Of doing things, and DO
hope that Senators will be governed by the
plain letter Of the constitution. And if they
openly violate it their action can only be
considered nullity and usurpation OF
power.
to speak upon this resolution as political
resolution, nor 10 oppose it upon political
grounds. 1t is certainly question of con
stitutional law-that and nothing else: and
it is also a question which it is your prov
ince as an officer under the constitution to
decide. The constitution says the Senate
shall be composed of thirty-six members, a
majority OF which shall constitute a quorum.
A majority Of what? majority of thirty
six. Suppose, sir, there should be a resigna.
tion of eighteen members, would the residue
eighteen be a quorum? Would you so de-
cide2 You would not. Although every man
in Office might be here, and yet you could
not fail to decide in your chair that these
eighteen Senators could not proceed with
business. 1t is precisely the same thing
when one Senator has resigned. There il
not a Legislative quorum if there be les'
y than nineteen present. 1t required ffty.ont
! members of the House when it was frs
organized to constitute a quorum. Now
> sir, it requires q majority of those who are
i elected, or those who should have beer
. | elected although there are q great many
! seats vacant. l think it is too clear case
for dOubtupon the supposition that eighteeI
Senators resigned that you could not permit
A. pir oiroFrG ufFNr
to 20 on and transact business, and that yol
would not be willing to sign the laws the.
u might pass. And II such would be you
decision in that case, you must certalnl
q decide so in this case.
move to refer the resolution to the Con
mittee on Judiciary.
= Mr.. O'Hara: l move to lay that motion o.
?, the table.
,, The President: The chair will refer senf
tors to Article 80 Of the constitution whic
says, mot less than majority OF eac
d House of the General Assembly shall forI
]. a quorum to transact business; but a smallt
number may adjourn from day to day, an
- shall have full power to compel the attend
&c apce OF absent members Such being th
case the chair is compelled to rule IN
Z. resolution out of order.
- Mr. Lewis: I move that the doors
10 closed, and that the members OF the Senat
be not allowed TO leave the Senate chambe
-
,o compel the attendance of absent member
we can compel the attendance of those "
have.
Of Mr.. Ray; Mr.. President, hope the Sci
st ators will not press that motion. Th
power of the Senate to pass such g rule
that is too doubtful TO be acted upon. TIL
fact is, don't think that that rule has bee
e. adopted in any of the higher legislatiy
branches of the cOuntry-in either bTanC
-, Of Congress, and ] have been unab
n to fnd anything in the coustitutio
Or to authorize IT,, In my judgment It will
ic bad policy TO adopt such a rule.
The President: The Chair will have
inform Mr.. Lewis that his motion is not
lie order at present. 1t would only be in ordC
Z under 3 suspension of the rules.
Mr.. Lewis: do not suppose ! could g
a suspension of the rules, and so will hay
rs to withdraw.
IN Mr.. Campbell: Am to understand IL
Chair that no motions are in order.
The President: The order of the day HI
been called. The time for motions h
le passed, except motions with reference.
&c Mr.. Campbell; | understand that motion
10 to compel absent members to attend a
as alwCys in order. Does the Chair deciC
otherwise
10 The President: The Chair has not ruled
~ out of order, but that it requires g suspe
y sion ofthe rules. The Chair would like
have the members remain here, but he fnC
nothing in the constitution to justify hil
-. in entertaining a motion to compel them
% do so. There is an article in the constittl
4, ton to r.1uir9 the attendance Of absel
le members.
Mr.. Lewis: That is even when there is nj
IA quorum. Now, sir, am | to understaI
that may net at any time make motto
that the Sergeant alarms be instructed
of compel any absent members to come he
no whether there is quorum or not? Men
r7 bers being absent may endanger the passas
III of important laws.
The President: The Senate will decide Q
ol. that question. The Chair is not prepare
d. to do so. / have stated the law.
Mr.. O'Hara: Mr.. President, ] will call Il
attention Of the Chair to rule twenty-five, i.
q" mo member shall vote on any question
ne the result of which he is Immediately inte
ested, or in any case where he was not pre-
ent when the question was put. Upon
division and count of the House on an
4. question, no member without the bar sha
w be counted.p
y The President: That has no bearing 0
this question at all If the gentleman wi
e. show that 1t has, am willing 10 be go'
lg erned by it. | am willing to be goyernt
by majority Of the Senators present.
Mr.. Smith: | move the rules be 50
e. pended to allow Senator Lewis to make b
ir motion.
The motion was lost.
II Mr.. Rraughn: Mr.. President, move th
q, the report OF the committee in the case
n, Pinchback vs.. Jewell, be postponed ar
4 made the special order of the day for We
nesday; and in making this motion VI
J., say that if adopted, think the breach tn
le has been made for several days past will
healed. Mr.. Jewell asks that it be pos
by poned simply in order that several Senate