New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-09-23
THE LEGIsLATURE
Toosr1nuBp FnOn rIEsr rAeR.l

ment were part of the law of the land fol
| this State, and only ceased to be SO when
we re entered the Union; 30 that at the time
| OF this election we were acting under the
| provisions of the fourteenth amendment tc
the Constitution, not as g part of the Con.
stitution, but as part of the laws govern
ing US here as a provisional government
4 At the close of the election we were acting
| under this State Constitution, because il
was then ratified by the vote of the people
at the ballot box; and Mr.. White not being
then qualified voter, was not eligible to
| Office.
10 regard to Mr.. Bacon's statement in re
gard to the manual of Mr.. Cnshing: When
ever the disability is so notorious as to be
| generally knnwn the votes cast for the per-
son ineligible are only to avoid justice.
| Previous to the war here vote for d slave
or other ineligible person was held void,
and the person having the next highes,
number of votes is under the law the duly
elected person. Suppose in any district the
disloyal people should return to this Senate
some VIGOROUSLY disqualified person and
| we should send him back to them and they
should again and again return a VIGOROUSLY
| disqualified person, the consequence would
| be that the loyal people there could meyer
be represented in this Senate.
| Mr.. Blackman: will state, sir, in Justice
to Mr.. White that the gentleman who has
last spoken on this question is travelling out
OF the record entirely, and it was something
which neither himself nor Mr.. PoindeXter
had any right to do because 1t was admit
ted by counsel that he was not con.
testing his seat on the ground that he was
ineligible under the Constitution of the
| state but under the foui teenth amendment
The evidence that he had aided in recon
struction was put in before the committee
merely to clear his skirts, but that evidence
was there ruled out, and does not come be-
fore us at all. Hence gentlemen are tray
cling out of the record i'll adyerting to it.
Now, Mr.. President the gentleman has
| asked the question direct of counsel, and of
Mr.. White himself upon the floor, whether
he was the identical man that Representa-
the parish of Caddo in the Confederate
Legislature. 1t is question they had no
right to ask, as Mr.. White stands here upon
legal grounds, denying any and every allie
cation, and the burden upon the party con.
testing his scat to bring such proof as will
convince the Senate. II he fails in this
he fails in his contest, and Mr. White
will be entitled to hold his seat. He
is not to be deprived of it upon mere
inference But admitting that he was a
member of the Legislative, if they can
show one single solitary act OF his while in
that Legislature, aiding or assisting the
cause of the Confederate States, they can
see and show more from the record than
Ndus NIL Dull Lulu WIS sisCLeu. ana so WAS
the Hon. 7. J. Semmes, but the record does
not show that Mr.. Reuben White cast his
vote for these parties when they were elect.
ed. And do hold, Mr.. President, that it is
absolutely necessary for the contestant to
establish by competent evidence that MIR.
White did ALLURE his allegiance to the State
of Louisiana as it was in 1850 and 1861 and
TO the Government of the United States.
Until he has done this hold that it is proper
for MIR. White to say that ne was there,
elected by Union men as they are termed i'm
these days-men opposed to secession, and
that he held his seat III that body as such:
and hold that there is no evidence that
Mr.. White ever did ALLURE his allie
glance to the United States or to [ q
STATE Of Louisiana. It will not be in ac-
cordance with law or justice to decide him
to be Ineligible upon any inference or guess.
work, IL can properly be done only upon
legitimate evicenee introduced and gov
erned by the rules oflaW.
Again, the highest judicial authority
known to the United States-the Supreme
Court of the United States-has decided
that it must be actual aid aud eomfortto the
enemy engaged in the field. Does the
record establish the fact? Does it indicate
solitary fact showing that the Hon, Mr.
White did give such aid and comfort to the
government of the Confederate States. |
mold that unless you establish this fact be-
JbhN a dOubAs Nj. w lllE II perfectly ei1p1-
Die, and the contestant has completely
failed TO make ont his case. What is aiding
the r. bellion Was voting for the Hon Mr..
BehJamin-eVen admitting that fact, which
they have wholly failed to shown the
name Of justice, can that be construed into
aiding the enemy in the field? Tnasmuch
as there have been gentlemen who have
peen able to take the iron-clad oath who
nave given actual aid and comfort to the
enemy, and yet, by the grace of God and
the Congress OF the United States, they have
been admitted to seats in Congress. How.
then, can man be called ineligible who
had no office in secession-who simply dis
charged those high duties which devolyed
upon him as member of the Legisl 4ture,
and who never abjured his allegiance to the
Government Of the United States under the
Constitution of the State aud of the United
States-who never gave a single, solitary
lota or scintilla of aid to the rebellion. be
declared ineligible! Such q man is
not ineligible. 1t requires, under the
amendment, in order to rem.
der man ineligible, that he should have
actually given aid and comfort and assist
ance to the government OF the Confederate
States, and the evidence does not disclose
the fact that he did. | ask you how can
you come to the conclusion that this man is
lneligible9
M.Coupland: win the gentleman allow
me 70 ask question? If a man held his |
seat IN the Legislature aud assisted in or. |
ganiziug secession, and in organizing and
voting supplies to an army for the purpose
d perfectlng that secession and DESTROYING
The Government of the United States. is he |
not ineligiblef : -
Mr.. Blsekman: Can you show that Mr.. |
White was ever in favor Of the State seced- |
ng! The simple fact that he was then In |
he Legislature is not the slightest evidence |
'gainst him. 1t only furnishes a simple
resumption, and one that should not be
Entertained by just men. II is only an in
erenee that would not be taken or enter
aimed for moment in any court of Justice |
I Is a presumption that l ignore as not
ounded upon evidence. viii the gentle.
men snow me anything in the evidence
'roVing that Mr., White was member of the
ecession convention, or that he ever gave any
i'd or assistance to the enemies ofthe United |
latest Until this ID done. will hold that
lr. White is entitled to his seat, and If YOU
rive him from the halls Of the Senate YOU
'ill drive man from the Senate Chamber
Tho as justly occupies his seat as any man
This is a case, Mr.. President. where mas.
or and party feelings shonld be laid aside.
they are not, and this Senate therefore
eprives this man of his seat upon the eyi
enc9 produced,ait action will be held uD
efore the world, and the world will con-
smn IL 40 unjust. ! hold that until this
'ntestant can prove by clear and impartial
ad legal testimony that the Hon. Mr.. White
ID give aid and comfort to the rebellion and
construed by the highest Judicial author
7 Of this government-I say until they !
oes this, If yOu drive him from the Senate |
lamber you viii do an irreparsbIe wrong /
the people Of Louisiana.
Now, Mr.. President l viii state, as |
ave done already, there are gentlemen
'esent here who have visited Wash.
gton City and talked with the distinguish