New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-01-25
DEBATES or THE SENATE.
MONDAY, January q, 1870

The President having appointed IS a
special committee on the election bill
Messrs. Packard, Pinchback, Ray, Futch
and Egau--
Mr.. Packard: As the chairman Of the
committee to whom this election bill is re-
| ferred, would ask the unanimous consent
| of the Senate that when it is reported back
| by the committee it shall resume its place
| upon the calendar as unfinished business.
My object in offering the resolution to have il
referred on Saturday was not to delay action
upon it, or have 1t lose its place upon the
calendar, but that it might be amended in
/ some respects.
By unsnimOus consent the Senate so
ordered.
Mr.. Packard sent to the desk OF the Sem
| ate the following resolution:
"Resolued, That the minority reports
made by certain memb rs of the Judiciary
Committee be printed ia the journal Of the
Senator
Mr. Packard: also send to the desk OF
the Secretary a newspaper article which ex.
plains my motive in Offering the resolution
The article was read, as follows:
| WHEN WILL THIS GENERAL ASSEMBLY END
1--WE do not mean the session, but the
body which was elected On tho seventeenth
and eighteenth of April, 1863. One-half of
Of the Senators and all the Representatives
/ are to go out OF political existence when this
body ceases to be, and their successors are
thereafter to be elected. But when will this
happen?
Mr.. @. c. Packard, brother of Mr.. s. b.
Packard, United States Marshal, and lately,
If not now, the managing man OF the Re-
| publican party. has taken occasion, In re-
| porting as q member of the Judiciary Com
mittee on the election bill, to examine into
| this question, and he comes to the very
| startling conclusion that this Legislature
will constitutiOnally exist until such time
as a session can be had after the United
| States census shall be taken in 1870, and its
result announced.
"As it is unlikely that the census will be
completed, 20 as to be operative rs basis
Of an appOrtionment 10 be made in 1870
| Mr.. Packard concludes that this present
| Legislature must meet again next year at
least, and that its existence will be prOlong.
ed until it shall have made the apportion-
ment.
"The argument made is quite ingenious,
and IS 1t would evidently give the present
| Legislature another year OF life, and its
members the moderate constitutional and
| legal, and the excessive illegal and uniaw-
fui, not to say unconstitutional, profits
which the rings are almost confessed to
Make II is likely to be received with much
/ favor. But it is speciOus and not substantial
in Its reasoning and conclusions, and the
II
his General action, has probably been de.
ceiyed by the arguments which others have
addressed to him.
"He bases his conclusions upon the die
tum of article twenty Of the constitution
that representation shall be equal and
uniform; that after the nrst General As
sembly elected under this constitution, il
shall be ascertained and regulated by the
total population, each parish Ia the State
being entitled to at least one representa-
ttve;' and that until the State census oil
1875, the spportionment Of the State shall
be made on the basis Of the census Of the
United States for the year ls70'
"He assumes that an app0rtionment Is
necessary, and provision requisite for each
of the newly created parishes, before
another election can take place, which may
be true; but that such superintendent must
be made on the basis Of the census Of 1870
aud that although article sixteen distinctly
and positively declares, without n word Of
reservation there or elsewhere, that the
members Of the House Of Representatives
shall continue In Office for two years rom
the day Of the closing Of the general cleo.
tions,' that this provision does not apply to
the present General Assembly, for he As
sumea that this General Assembly Is 10 be
PROVISIONAL OF extra constitutional, and
endoNa Il with perennial existence, unless
L makes an superintendent under the census
Of 1870.
" Now, no exception in favor OF this
General Assembly IL INSIDE In article sixteen,
Which cuts Of The representative lie Of tne
members Of the House two years after The
Close Of The election. TaiS e positive ahc
fixed: and lhough the nexi General Assembly,
ought % BE- appottioned upon abs Basis d
total popaation. aud e1ch parish AaVe s
APPROXIMATION, aud though thla Total popa
lalion basis could but Do ascartained ),
having csnsus taken g slime tor il, yet !