New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-09-21

| actions. Senators Foute, Ogden, Thomp-
son and Day, am informed, are all absent
without leave, and to what extent these
| gentlemen have carried this action on other
occasions you, the Senate, can judge.
trust the Senate will protest against their
absence, and take such steps as may be
necessary TO secure their attendance.
Mr.. Bacon: Mr.. President, | will simply
remark that a gentleman informed me that
Senator Thompson had informed him that
his family is sick, and that he could not
fulfill an engagement with him in another
matter for that reason.
The President: The Senate has rarely re-
fused leave of absence to any Senator.
have myself noticed with astonishment ard
regret the practice of Senators Of absenting
themselves without leave.
Mr.. Pinchback: Mr.. President, J voted
against the resolution postponing action
upon this case for three days, because it has
been before the Senate Committee nearly
three months, and it seems to me that nearly
every Senator must have his mind made up
on it. And after the rebuke which Senator
Braughn has administered to his colleagues
for absenting themselves without leave, |
do not see why we should postpone the case
on their account, although the case might
probably be influenced by their presence.
/ therefore hope it will be taken up and
acted on to-day.
Mr.. Pinchback offered the following reso-
luton:
Resolred, That the Warrant Clerk of the
Senate, OF his representative, be required to
attend the session from twelve O'clock to
two o'clock daily in order that the members
may be enabled to transact their business
with the Warrant Clerk without being com
PEELED to unnecessary loss of time.
Mr.. Pinchback: The object of my resolu-
ton is TO have the Warrant Clerk come here
and discharge his duty or send some one to
do it. He is paid a handsome salary by
each House, and think he should have an
office in this building.
Mr. Whitney; Mr.. President, will inform
the Senator that Mr. Smith has a clerk in
one of the committee rooms. / got a war
rant signed by him this morning.
Mr.. Pinchback: | have been unable to
find the Warrant Clerk in his Office except
during the same hours that the Senate is in
session, and do not want to be absent from
my seat.
Mr.. Wilcox: Twill suggest an amendment,
that he be required to be in his Office, or
have some one here, from ten O'Clock to
twelve.
The amendment was accepted.
Mr.. BlackmGn: Mr.. President, will state
that have known Mr.. Smith il the capacity
of Warrant Clerk for the Legislature in
1865, 1866 and 1867, as well as for the pres
ent Legislature, and that he has always
faithfully and efficiently discharged his du-
ties as such; aud to my certain knowledge
his clerks come to this building aud are
ready to make out the warrants of those
who are entitled thereto.
Mr.. Pinchback: / wish to cast no refec'
ton on Mr.. Smith; | have found him very
courteous when have called on him, but
! think be should have an office here i'll this
| building,
Mr.. Lynch: Mr. Presid n, suggest that
, Mr.. Blackman, or some other Senator wht
knows where the Office is, conduct Senator
/ | Pinchback there. CLaughter,) Without
intending any discourtesy to the Senator,
move to lay the resolution on the table.
The yeas and nays being ordered, the res
olution was laid on the table.
Mr.. Braughn: think q simple suggestion
| to Mr.. Smith to have 3 clerk here from tel
O'Clock until twelve will be sufficient, AM
e that arrangement will obviate the difficulty
I The majority and minority reports in the
case of G. c. Antoine VS.. Reuben White be
l ing under consideration,
n Nj, Smith moved the adoption OF the ma
jority report.
MIR. Blackman: Is not the contestant t
appear and present hi case?
The President: A resolution was passed
u giving contestants in another Case the righ
II to do so; but it has no bearing on lhi
case.
Mr. Blarkmqn: Mr.. President, on tht
eligibility of Mr.. White will state that
" do not believe that any argument l ma
a adduCa on this occasion will change the &c
~ tion of the Senate, and in presenting feV
points. which, believe, will show the ell
gi0ility of the Honorable Reuben White tt
the seat upon this floor, I shall be as brie
AS possible and would ask the members O
b the S nate to consider the question not in
partisan light, not as II question whether
II Democrat shall hold his position upon thi
floor, or be driven from it and kepublica
seated in his stead, but that, with tn
solemn obligations we have taken to sup
port the Constitution of Louisiana and I
, try these election cases in accordance wit
70 law, that the evidence will be rendered an
n the Senate guided in its decisions by spir
of Justice.
10 Now Mr.. President, in the first place tn
only evidence which the contestant has il
troduced to establish the 1nel1gtbllity
Mr.. White, is the Senate journal, or boo
n. purportiDg TO be the journal of the Stat
Senate of the years 1859, go and '6l. Whe
that was attempted to be introduced by tn
y counsel for the contestant before the CON
mittee, Mr.: White objected to its introdu
pa tion as evidence, on the grounds that theI
~ was no testimony that it was the real jou
nal of the Senate for those years.
The book referred to is before us-it
r. not printed journal of the Senate, no
~ thrown to the world by the official printe
u Of the State, which would force US to receiv
it as good evidence. 1t is simply writte
book signed by the Secretary OF the Senate
and this book was received in evidence il
the t-ial of this case by the Committee Oh
Al Election returns. Now, sir, hold that i
any court of justice, not only in the State c
Louisiana, but throughout the civiliZe
of world in a case of such magnitude wher
Q. the party is on trial for nothing more no
is less than treason, such evidence as thi
would be discarded as no evidence at all
N Not single solitary witness has testified
le that it was signed by the Secretary or thu
o. gentleman purporting to be the Secretary
,e of the Senate for the years 1859, 1860 anC
1861; and sir, particularly was it necessary
n under all those high rules of evidence
which guard the rights of individuals now
"a | state, sir that in violation of all thest
rules OF evidence, the Committee on Elec-
tion returns have seen lit Ito receive in tes
a timony book called the journal of the Sen
1t ate of Louisiana, without even establishing
e the fact that it was such book-a simple
c. written book, coming from, God knows
Il where; it may have been written by Other
J. hands than those of the Secretary of the
d Senate, and it is upon thisi inadequate
e evidence that Mr.. White is declared by the
h committee ineligible.
+ Have they shown by any positive and
}. solid evidence that Mr.. White was a
g member of the Legislature of 1860 and 1851
g Assuredly not. Have they shown that if he
g was he took any other oath than that to
II support the Constitution of the United
:, States and of the State of Louisiana? No.
Y Win gentlemen tell me that by simply re-
o tanning his position there as a member Of
IS the Legislature Ito which he is said to have
l. been elected previous to the secession Of
II the Stste) ne thereby gave aid or counte-
n -