New Orleans Republican., 1868-08-26
WHOLE NUMBER 429.

G--1 "AStncA VI uOt we pass his Dill III INT
senate under the rules, the House will be
unable to take up that bill because the mat
Yer mas been once disposed of by the House,
ana Will refuse to entertain a bill of this
k1nd, and especially as this bill is introduced
here since the action of the House.
| am not prepared to say any thing about
the claims of the gentleman. whatever.
But l simply submit that it would be ont
| Of order TO introduce the bill when the off,
ctal journal Of the House shows that the
matter has been disposed of there.
Mr.. Lewis: The House simply acted
upon resolution on this subject. This is
az act. They adopted the msiority report
adverse to this claim, but it was not in the
form of an act.
Mr.. Jewell, of Orleans: 1t was Joint re-
solution referred to committee.
The majority report was adopted by the
House adverse to the resolution.
The bill was read and lies over.
Senate bill No. 81, an act for the relief of
J. Edmonston, appropriating SLIGO TO pay
his claim, being under consideration
Mr. Ray; What is the necessity of the
bill?
MIR. Day read the certificate of the Audi.
tor certifying that the amount is due, and
would be paid as soon as an appropriation
is made by the Legislature.
Mr.. Bacon ], as member of the COM
mlttee to which this matter was referred
did not agree in that report, and l will state,
moreover, that the report was obtained with
very great difficulty bya majority of that
committee. desire to present my obiec
tions to the bill.
The Legislature assembled in 1865 passed
law which was prevented from execu.
tion, and which was not executed
in consequence of Federal military orders.
They had some idea of starting militia
force Gas we might DO now think without
any military supervision to prevent us) to
have a loyal army Of their own, But the
military authorities then peryading the
State would not permit it before there was
as very fine chance for the then de fac1o
governor, Mr.. Wells, to make little money
out Of it, and he commissioned this Mr.
EdmOnston to organize militia. He had
this whole town in turmoil and trouble and
! the newspapers filled with advertisements
calling upon the people to come forward
| aud enroll, and it was a great source of an.
noyance to the people. Edmouston had
simply commission from j. Madison Wells
as Colonel of d regiment for the city Of New
Orleans.
He had every man of the militia age en-
| rolled, but OF course it all amounted to
nothing, And it is this expense we are
| called upon to pay.
| Now, sir, if this business was profitable
| to Mr.. Wells, 1 think he ought to paw the
| expense. II the Government of '64 and the
Legislature assembled under it would not
| pay Mr. Edmonson for his services to Mr..
Wells ! don't think we have any business
to do it.. He gave the people of New Or
leans great deal Of annoyance, aud did No
good whatever. He had his office and some
| expenses, no doubt, and now he wants to
draw his pay. But he should have been in
better business than that in which he was
engaged.
| You, sir, recollect very well the annoy
| ances to which we were subjected in this
city at that time by this utterly unnecessary
and useless appointment Of man who had
nothing to do, and who was employed by
Mr.. Wells to do something to fill his ex-
chequer.
/ am not willing now when the Legisla-
lures of 'G4, 'G5, '66, and '67, which has as
sembled under that Constitution and ought
to haze paid up their own expenses, l an
not willing now to step forward and pay
this amount of money.
Mr.. Smith: think the remarks of Senator
Bacon on the subject are very sensible and
forcible, and l for one quite agree with him
think it would be altogether out of place
for US now to make this appropriation from
which the people have derived no benef
Whatever.
For one shall therefore oppose the bill
Mr.. 0'Hara: made the report aud will
| tuutdNHE W justify ulJstll Ill uluhlUH IL
The act of 1855 declares that the enroll
ing officer Of the militia shall be paid fol
his services. That law now exists, and
there is large amount of papers which sci
forth the evidence of this claim. There il
the Auditors account, the former Auditors
account, and the present one, evidencing
that this claim is just. These things being
before the committee, and the law upon thu
subject they had nothing else to do but K
report favorably.
don't know whether the militia did o
did not do anything. But do know tina
the law is there guaranteeing to pay tn
militia officers.
Mr.. Ray: l know nothing about the fact
in this case further than they appear in tn
papers, and rise to say that l dissent iron
the views advanced by Mr.. Bacon.
He desires not to pay this claim becaus
it was contracted in 1864 during Gov
ernor Welles' time, and under tn
Constitution of 1861. Now the correct doc
trine is that the employees of q govern
ment de faeto are just as much entitled Il
their pay from q succeeding government d
, any others, and the succeeding government
| is under Just the same obligation to pa
such debt as to pay debts contracted b.
itself. Government is thing which ha
, its existence sometimes in one form ani
sometimes IN another. A debt contracted
by government, when de facto, is az jus
a debt now as it whas when contracted.
The government then managed all th'
affairs of the State.
On these grounds, dissent entirely from
the sentiments entertained by the Senate
from Orleans.
If the debt was contracted by virtue 0
, | authority that held control of the State a
that time, whether it resulted really to tn
: | benefit of the State or not, il 1t was COZ
!. trncted in good faith, it ought TO be paid.
The fact of the government being pre-
visional, or even an illegal government,
you will, makes no difference. Under tn
laws of nations and upon principles of ju
!. tice and equity, the claim ought to be -pait
. 1t seems the account was properly audited
Therefore the debt must have been contrac
! ed in pursuance of some law. l suppo.
there was some law in existence at thi
, time under which the services were pc
formed by Mr.. Edmonston, but there was l
e | appropriation made for the purpose OF pa
. | ing that claim. The Auditor felt himse
justified in auditing the account, but the.
was no fund to which he could charge
The object ofthis bill is to appropriate Il
amount for that purpose.
think, Mr.. President, it is hardly nece
sary to inquire into the virtue of the clail
1 or the moral grounds for and against payii
= it. The fact that it has been duty sud
j ed is sufficient evidence of its oorrectue
aud justness.
q It is said that it ought not 60 be paid, f
the reason that Governor Wells, who vi
then acting as Governor, ought rot 70 nay
It organized the militia, knowing they won
t have no efficiency. But the law having al
It thOrized him - organize it, he was Justine
e in doing it, Now, | don't pretend 70 81
>, anything about tho business OF the claii
, originally; but the claim rs 1t appears ppC
d its face before Us is proper anu correct
?, pursuance OF law.
], suppose Mr.. Edmonston performed Il
l 4 ~ him in pnNnr1anPa uaii