The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-08-13

Mr. Bacon gave notice that at future day he
would introduce bill prohibiting the venting Of
THs ORDER or TIE DAY.
The contested seats of Messrs. Foute, Braughn
| and Ogden, by Messrs. Nader, Wilson and Noses
| then came up under the order OF the day.
Mr.. Smith moved that the majority report b.
adopted.
Mr.. O'Hsrs seconded the motion.
Mr.. Z. l.. Jewell rose to q question OF order rel.
ative to the adoption of the argument in this case.
The contestants being allow wed to address the Sen.
ate in behalf Of themselves, Mr.. Je vel wished to
know If any Of the contestants were present for
| the purpose.
The president was Of opinion that the sitting
members should first address the Senate.
Mr.. Jewell differed with the president In this
matter, the sitting members being in the position
| of defendants.
The chair sisted as q reason for his opinion that
as q motion was made to adopt the majority re-
port, the sitting members should give their reasons
why the report should not be adopted.
Messrs. Braughn and Ogden took the same
| ground as Mr.. Jewell. The majority report was
not the argument Of the contestants, but report
| of the committee. The sitting members were In
| the position as defendants in this case.
Mr.. Blackman moved to take up each case sep
| arately, and that the case of Judge Braughn be
taken up irst as they could not be acted upon to-
gether by the adoption of the majority report.
Mr. 0'Hars seconded the motion.
Mr.. Backman moved to divide the first motion
by moving that each case be taken up separately.
Mr.. Campbell maintained that the facts in each
case were the same.
The president said senators had the maj jority and
minority reports before them, and they must judge
from them.
Mr.. Campbell referred to the impossibility Of
| allowing the gentlemen occupying the contested
seats to vote. (Ihe president admitted the fact)
Mr.. Bacon considered the facts Of each case
different. The reports took up each case sep
araiey and the point to take up each case sep.
aratey now was well taken, proper and just.
Mr.. COupland maintained that the case of Mr..
Brsughn and that Of Mr.. Foute were separate and
distinct.
Mr.. Ray said that as the question would proba.
bly, arise whether in the trial Of one senator the
other two could vote, he thought they were in
teTesed in the question, but not in the case, and
that fact did not disquslify them. ..
Mr. Campbell, on point of order, maintained
that no senator, whose seat was contested, could
vote upon this question, because all those stood
| accused Of being Ineligible.
The chair would reserve his decision until after
| the arguments on the first case.
Mr. Campbell, on point Of order, insisted upon
| an immediate decision.
The chair said the point was not well taken.
Mr.. Campbell appealed from the decision, and
called for the yeas and nays.
The chair was sustaned-yeas 28, nays6.
The question was then divided.
Mr.. 0'Hars moved TO take up the case Of Mr..
| Foute.
Mr. Blackman moved to amend by taking up
Mr. Campbell moved to lay the amendment on
| the table.
Mr.. O'Hara called for the yeas and nays.
Mr. Anderson's name was called. "A.
Mr.. 0'Hsra arose 20 a point of order. No
| Der could vote who was absent when the question
| was put.
The chair said that the question was just then
| being put.
The motion to lay on the table was lost by IL
yeas to 20 nays.
Mr. BIackmsn's IS motion to take up Mr. Braughn's
| case was then carried by 20 yeas to III nays.
Mr. Campbell said he would offer resolution
tested from voting.
Mr.. Blackman said that Mr.. Campbell had voted
| in the case of Campbell VS.. Sambols.
Mr.. Campbell said that the case was not par.
Mr.. Campbel's resoIuuUu P,v,Iues mat sena.
tors Ogden and Fou!e shall not vote in the case Of
| Mr.. Brsughn.
Mr.. O'Hara called for the yeas aud nays, and
| withdrew his call. to make some remarks.
Mr.. Ogden moved the previous question.
The main question was ordered.
Mr.. Campbels resolution was lost-yeas ii,
| nays 10.
On motion OF Mr.. Ogden the case Of Mr.. Braughn
was taken up.
MIR. e. l.. Jewell moved as substitute to take up
| the majority report by adopting Senator Coup.
lands minority report, and the majority report OF
| Senators Futeh and Thompson.
/ Mr.. Coupland moved the main question be put.
| Mr.. Packard called for the yeas and nays.
/
| 23 nays. .l..
Mr.. E. L. Jewell withdrew his motion to order
| the previous question.
tor Braughn's seat be heard. Adopted.
Mr.. Campbell wished TO know who was the con-
| testant of Mr.. Braughn's seat.
Mr.. Braughn thought that according TO the Gus.
toms of Dominsting conventions Mr.. Moses was
the contestant, he being selected from the Third
Ward.
II was decided that all those of the contestants
should be allowed to speak. ffr ..
David Wilson opened the case. He argued tha
Judge Braughn had been good citizen since the
war, and had not opposed the law; but had h'
| recantedf Had he recanted from the house topi
and balconies steps of the City Hall or lafayette
Square The only question for senators TO decide
was, how had Judge Braughn recanted. r
| MIR. G. Witigenstein moved that all three con
testants be allowed to speak. Adopted.
Solomon r. Moses spoke next He thanked
| this honorable body for permitting him TO vindi
cate his eligibility on this floor against the con
stitutioDaliiy Of the gentleman be represents
| He referred senators TO article 48 of the g bon'
| aud banjo and black and tan " Constitution. III
| did not want senators TO vote for him because h
was a negro or Republican. II they did yot'
for him a negro he would not have 1t. II thel
voted for him as q Republican, they only showe'
courtesy toward him. Moses then read the article
which, in his opinion, required everybody 70 vot
for the Constitution and Governor Wsrmoth i
order to be able to qualify. 1t was not to b
| IL
sons amnesty proclamation paramount to th'
laws Of Congress? The votes cast for him wer
legal votes. If niger had been found ten year
ago sitting next to you in the Senate, you voul
have made him get out quicker than you coul
make ais head swim. All that he asked was .tha
the Senate should give Niger justice. Hs thanke
the Senate. r.
Mr.. Nader followed. All that he could So
was covered by the report. He cslledthe after
ton OF the Senate to the refusal OF The commi
; tee to take certain testimony, and retired.
Mr.. Poindex xter thought that the question bsfol
TIE Senate was the eligibility of senators who's
osats were contested. The next questica wi
! | zhether they shor,d take their seats. l-
Mr.. Wilcox in the chair.
Mr.. Couplspd made a few remarks in explain
ton of his Minority report IN favor OF M
Braughn. .lr aar.Ha
Mr. Campbell said he was not prepared
speak upon tia subject, bus would reserve
, right to speak st sOme futurs time.
Mr.. Braughp remarked thst 1t was tse least thii
that should bs accorded to Kim to make the closi
remarks. i
Mr.. Campbell said he would avail himself
the rules oi the House. s---
Mr.. Brsaghn waived sA arguments 10 his fayt
Mr.. Bearss moved TIA previous question.
Mr.. O'HarA wished to speak, and called I
MI