The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-10-18
NINETY-FIFTH DAY.
Senate.

The roll was called, present the following mem
bers:
Anderson, Antoine, Bacon, Beares. Brsughn
Campbell, CoupIand, Day, Francois. Futch, jerks
Packard, Pinchback, Poin1exter, Pollard, Ray
genstein %.
Prayer by the chaplain, Rev. Mr.. Turner.
On motion of Mr.. Ray, the reading Of the min
utes was dispensed with.
SPECIAL ORDER OF THE DAY.
House bill No. 8, an act relative to notaries pub
lie, was taken up where left on q previous day
after its adoption as q whole, and read by its
title.
Mr.. Campbell move that the bill be consider.
ed epgrossed.
Mr.. Bacon move that the bill be postponed
until the next regular session.
Mr.. CAMPBELL move to lag the motion on the
table.
The yeas and nays were ordered. resulting:
Yeas-Antoine, Campbell, Coupland, Francois
Kelso. Lewis Monetie, Packard, Pondexter Pol.
lard, Whitney, Wilcox-l2.
Jewell, Lynch, Pinchback, Ray, Thompson, and
Wittgensfein-ll.
The motion to postpone was laid on the table,
The motion that the bill be considered engross.
ed was lost by rising vote OF yeas, ii maya.
. STANDING COMMITTEES.
Mr.. Ray, from the judiciary committee, made
the following report:
Inc cOmmlttt6 on JUDICIARY nave mad under
advisement the question submitted to them by
resolution of the Senate, as to when the present
session OF the General Assembly would come 10
close by constitutional limitation.
The first question that arises in this inquiry is
when did the present session commence.
According to the provisions of articles Isl and
l59 Of the Constitution, the General Assembly il
required to hold its FIRST session the third Mon.
day after the official PRONUNCIATION made by the
chairman of the committee Of seven, appointed
by the convention, of the result of the election.
The 22d June last was the third Monday after
the PRONUNCIATION of the result Of the election,
and the members Of the General Assembly were
notified to convene in the city OF New Orleans
on the 22d day Of June, and most of the mem.
bers were present in New Orleans on that day,
ready to enter on the discharge of their duties,
but were prevented from doing so on account of
military order issued by the military commander
of this district.
Under the provisions of an act Of Congress
passed about that time, the governor was author
lied TO convene the General Assembly by procla.
nation, and in pursuance to this law the governor
issued his proclamation converting the General
Assembly on the 10th June, on which day the
members Of the General Assembly convened and
commenced their Organization, and have been in
session ever since.
Ii is clear, the session of the General Assembly
is TO be counted from the Of those dates either
the 22d or 18th June. Under the provisions of the
Constitution they should have convened on the
ed June. Atleast if they did not organize on that
within the one hundred and twenty days, il ap-
pears TO us the one hundred and twenty DAYS
should be counted from the day the General As.
sembly should have convened. Butinasmuch as by
the act OF Congress, the State under military
or provisional government until the organization
of the State government under the Constitution
and that organization was not effected until the
18th June, which was the earliest day it was pos
sble TO convene without resistance to military or.
ders. We therefore come to the conclusion that
the present session Of the General Assembly CON-
menced its session legally on the 10Th Jane aud
that the 100 days it is authorized by the seth arti
Gle OF the Constitution to sit are TO be counted
from that day.
The seth article of the Consultation amongst
other things provides that no session (of the
General Assembly, shall extend beyond the period
of sixty days, to date from Its commencement;
and any legislative action had after the expiration
OF said period Of sixty days shall be null and void
but the first General Assembly that shall convene
after the adoption Of this Constitution may cont.
nue. in session for one hundred and twenty days"
II will be observed that the first clause OF the
above quotation speaks of q period of sixty days
TO date from its commencement" The interpreta-
ton Of similar provisions Of previous Coosttu-
tons was that the sixty days were to be counted
from the date Of the commencement of the SEES
sion. counting Sundays and holidays, as well as
the day. Of actual session.
The latter part of the above quotation author
izng the present session to " continue one hum
dred and twenty days." seems to US as applying to
the period Of one hundred aud twenty days from
the commencement of the session, counting San
days and holidays, az well as days of actual ses-
sion. -, ~A
There arises another question which 1t may be
as well to discuss, that is, the General Assem-.
bly, take recess under the provisions of the
Constitution! That is when they have set thirty
days can they take q recess for say seventy DAYS
and then meet and fill out the period they might
have set in the first instance, We do not find
any warrant in the Constitution TO Justify taking
recess. The article thirty-eght OF the Constitu-
ton prohibits either house from sdjourning for
more than three days without the consent Of the
other house IL seems to Us that the General
Assembly has no constitutional right to take O.
recess during the period they may sit to 20 be.
yond that period.
The committee recommend the following joint
resolutions:
A JOINT RESOLUTION RELATIVE TO THE ADJOURN.
MINT OF TIE GENERAL ASSEMBLY.
SECTION |. BE IL resotued by the Senate and
House OF Representatives of the State of LOttisi.
ana aa General Assembly concerned. That the
session OF the present General Assembly is to be
counted as commencing on the 29th day Of June
1865, and tnat by constitutional limitation it
will expire on the 18th day Of October, 1868. and
that IL is not competent for the General Assembly
20 take a recess that will enable them TO sit after
the period OF one hundred aud twenty days, count
ing from the 18th day of June.
SEC 2 BE Il further resolued. ETC.. That the
General Assembly do close its present session on
Monday, the 10Th day Of October, A. D. 1868.
Ali of which is respectfully submitted.
JOHN RAY,
Chairman Judiciary Committee.
Mr.. RAY move that the rules be suspended in
order that the report be received.
Rules suspended and the report received.
Mr.. Ray-I ask for a suspe nsion of the roles to
put the annexed joint resolution on its frst read
ing.
Rules suspended and the resolution read.
Mr.. Ray ask for q suspension of the rules to
put the resolution on its second reading.
-. MIR. WittRenstein-l move to take up the reso.
luton section by section.
Adopted
The fret section was read.
MIR. Wittsenstein i move that the LIST section be
30 amended that the Senate adjourn on the 24th
instead of the 20th.
Mr.. Ray call for the yeas and nays
The yeas and nays were ordered:
: Yeas-Antoine, Campbell. COPELAND, Francois,
Monetie, Pinchback, Poindexier, Smith, Wittgeu.
st,in-9.
Nays Anderson. Bacon, Day, Foute, Futch,
jerks, Jewell. Kelso. Lynch Packard, Pollard,
Bay, Todd, Whitney, Wicox-l5.
The amendment was lost
:. MI. inehbsck-I move to amend by providing
that the Senate adjourn on the 26th inst
table. W WV