New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-09-23

sook 1t. Il has only been inferred from the
iactIwhich Is also inferred or assumed
sLht ne wns D, member of the Legislature.
NOW, SIR, that he'took this oath was d preli-
n1inAry iact necessary TO be proved. ItIYou
cnarge man with perjury before court of
crlmlnal JURISDICTION, what must you prove?
1ou must not only prove that the Language
used by him was false, but You must prove
that he swore to It. The fact OF his having
taken the oath Is q necessary ureiiminarV
step to make out q case at all. You have
no right to find that he was ineligible on
that ground until it is proved that he took
that oath. You have no right to presume it
en- customssffE fgnatsssgpapp
So with regard to the question of his in.-
eligibility on the ground of bis having given
AID or comfort to the rebellion. I presume
1 may give an opinion upon this subject
without quoting from Law books. And
tell you, Mr.. President and Senators, that
it is necessary that it should be proved that
he gave actual aid and comfort to the enc
mics of the United States in the field before
you are authorized to declare him ineligible
upon that ground A mere expression Of
opinion would not have been aiding and
comforting, or engaging In insurrection and
rebellion. There must be some act--not a
mere expression of opinion. There must
have been something lonesome act by the
party to aid the enemies Of the Government;
and the decisions OF the Supreme Court have
gone so far as to say that it must be enemies
in the field. There is net in the slightest
degree any testimony to this effect in this
case against Mr.. White. I have made these
| few remarks without premeditation,
Mr.. President, and 1 did not even
think l would say anything upon the
subject. But as it occurred TO me
that there was lack of proof which is ab-
solutely fatal-a lack of proof which would
! render 1t impossible for Jury in any ordi-
nary case to convict thought 1t my duty to
make these suggestions. 1t is very clear
| that at the time Mr.. White was chosen
there was not the slightest ground for sup
posing him TO be Ineligible, because the
fourteenth amendment had not become
| portion of the Constitution of the United
States, lp 'ta a5G
Well, sir, gentlemen may say he is ineli-
gible now. II he was eligible when elected
he is entitled to his seat, and it lie ridiculous
to argue the contrary. And, sir, as it Is
only claimed that he is ineligible under the
fourteenth amendment, which did not exist
as part of the law of the land at the time
of the election, it is a virtual confession
that he was eligible ut that time. And if
he was, he must be allowed to retain his
seat upon every rule and principle of law
that has been established to govern such
cases. iaH sli5
Mr. Poindexter: When Mr.. White took
that oath, as he most undoubtedly did, from
| Vic AdCJ Iuhl we KNOW well ClaJ. WleH I00
| election was held in the parish of Caddo, in
the State of Louisiana, he was not qualified
to vote, because he was not registered
voter. And the very moment, Mr.. Presi-
dent, that he took the oath under that Con-
stitution he took an oath that eonficted
with the very duties that he had here to per-
form before this Senate as a Senator. Be-
cause this Constitution, in the eighteenth
section OF It, says that every man that Is not
quahhed voter is Ineligible to a seat in the
House OF Representatives or In the Senate.
Ihe gentleman knew very well when he
took that oath that he was not q registered
voter. We base our decision upon this. We
have certificate with us of the registration
OF Caddo parish, and upon that Mr. Reuben
,White's name can not be found. Thenssir,
ne IS here in direct violation of the Oonsti-
tutlon Which ne ras taken an oath to sup
port. / does not only go to prove that, Mr..
President, but it goes to prove further. II
goes TO prove that these gentlemen who are
IN thls Senate, or portion of them. have
not got the knowledge, or the good prRcti-
cal sense, to know whether man Is elf
gible or not. If Mr.. Reuben White tooksthe
registration oath he did not takeit al the
time when everybody else was taking il in
Caddo parish. Fer this reason he Is iueligi-
Die and he must see it every time he looks
at the eighteenth section of the Constitu-
ton, which he holds his seat in violation
of and If it had been me / would have
resigned my seat before it come to this hour
in the day. Now, yoh know, Mr.. President.
and every other man here, that a man who
IL not registered voter has no right to hold
| an Office in the State of Louisiana. he
has, every woman, boy and child, and JEFF.
Davis himself, has right to come here and
vote. don't see any other ground which
the gentleman can take. In direct violation
| OF this Constitution he has been holding his
seat ever since he has been here. ) sSs
Mr. Campbell; Mr.. President I sinply
rise TO make an inquiry of the Senator who
seems 10 be representing the gentleman
whose seat Is contested. 1t is this find
| Ill the report OF the committee no answer
recorded by Senator White and no denial Of
the facts alleged. wish to ask this cues.
non. II can be answered by the gentleman
| or 0y the Senator himself whose seat Ia com
tested. Is it denied that Mr.. White was a
member OF the Senate in 1860 and after
ward. and that he was the Mr. White whose
seat is now contested? SO
MIR. Blackman: Mr.. President, will state
that at the time the case was before the
committee did not put in an answer, be-
cause did not think of it, and whether 1
dld or not, Mr.. White simply stood there
upon legal evidence, denying every thing not
proved against him. IN SIAN -ynET
Mr.: Campbell: Very well; will ask now
whether Wils 1t is denied that it is the Mr..
Mhlte who appears upon these records.
Mr. Blackman: We are not here as wit
nesses, sir. ra.g 4 .g-,4-i. - -
Mr.. Campbell: That is all | desired to
know: MIR. Whites term rs member Of the
Legislature of 1869 commenced either on
the hrst or third Monday of January 1860
and ended on the third Monday of January.
1867. l understood the Senator to argue
that the election of Senators occurred some
Two months after his term expired. IL COM
meneed ind January, 1860 and ended in jan
ary, 1862. aql 80 8sa
The answer given to my question, how
ever, has satisfied me upon one point, and
presume it satisfied every Senator here.
NOW, the fact being assumed and not de-
nled that Mr. White Was a member of this
Senate, wish to ask further why it is that
Senator White offered. through his counsel
before the committee, TO produce evidence
that he had assisted in the work of recon
structiopS If Senator White had done
nothing to make IL necessary to offer that
evidence, why was it offered If he had
done something to make it necessary To
offer that evidence, 1t was the thiuQs man
toned in article ninety-nine of the Consti-
tuition. 1t is only necessary for man who
has assisted In secession or rebellion Ia n.
terWard try to establish the fact that he
has subsequently assis ted in Reconsideration.
Mr.. Blackman: II would not have been
necessary. Mr. President, under ordinary
circumstances, but owing TO the manner in
Wmch the investigation was Conducted
not strictly In accordance with the rules of
law and evidence on ordinary occa.
srons, IL became necessary 10 show
oy that affidavit, which Is not In evidence,
before the Senate as 1t does not appear in
me report. 1t became necessary 10 use that
Afiidavit before the committee to clear Mr.
Whites skirts entirely Of ineligibility.
H. n. -. -. -