New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-01-06

| by the Senate and House OF Representatives.
Jointly or separately, the vote shall he given
| ficn rOcc.
Therefore, the gentleman says the rcsolu-
ton passed day before yesterday is in direct
| violation of tie constitution, and can not
| be entertained. This article OF the constr
tuition applies only to certain State officers
| elected by the Senate and House OF Repre-
scntatives. either jointly or separately.
Now. ] say that the election of a colnlHittee
is not the election Of officers OF the State OF
Louisiana. This article of the constitution
governs the election of State officers only.
as. for instance. the election of a United
States Senator or any other officer who is
chosen according TO law, by the Legislature
OF the State. This ia NOT Il case where the
Legislature or the Senate elects State
officer: but it is simply creating officers to
do q certain work for the Senate
alone As said before. the con-
stitutiOnal provision referred to by my
friend from Ouachita has no other applica-
ton to this case tlIan have the ten com,
Mandments or the Koran OF MahOInet: and
l think that il the learned Senator from
Ouachita would give an honest expression
of his legal opinion. lie will agree with me
entirely. can not. therefore, see any OBJ
lection to this resolution. We can proceed
to elect a committee by ballot or by voice
as we think proper; it is matter OF choice
purely and simply. The constitution OF
the State has nothing to do with it, and yOu
can not construe it into any other meaning
l. therefore, hope that the Senate will not
sustain the President in his decision.
Mr. Ray: In reply to IA remark made by
the Senator from Carroll, that the Chair did
not give any reason for its decision. Will
say that the Chair dill i've Il reason. That
reason was that the Senate had on the first
day of the session adopted rule to govern
this particular case, and that so long as that
rule stayed upon the record no other one
could be adopted. unless the first one was
set aside in n proper and parliamentary
manner. Now, il that is not giving reason.
and a pretty good reason, too. l do not
know what a reason is. Certainly there is
no palmer proposition that could he pre-
sented to the human mind than that. This
Senate adopted a law for a particular pur-
pose on the tirst day of the session. and now
the Senator from the Second District. aided
by the Senator from Carroll. turns around
and says that they disregard that law.
Now, say that this is out Of order by all
parliamentary law, and can not be toler-
ated here.
l would remark. further. that there is q
cat il the meal sack somewhere. Why is it
that they do not go into an election under
this first resolution that was adopted!
Why are they trying to get around it!
Why do they not abide by the law made ut
the first meeting of the Senate! Because
they know full well it is unconstitutional
TOR at least some of them do; the Senator
from Carroll gives a contrary opinion), and,
therefore, they know that they have to
move for ii reconsideration. Why they do
not make a motion for that reconsideration.
and approach tie matter in the regular way,
l can rot comprehend. They must expect
to obtain some advantage by some sort of
shifting around, or some sort OF sharp prac-
tice. which ] can not at present understand.
Now, say, come up to this matter boldly:
We have made law; let lis go into an cleo
ton under that law. Ii it is unconstitu-
t,onal, let the senate SO decide. Why not
have reconsideration OF the question: and
thereby take the necessary and parliament
airy steps TO get rid of it. Why try TO get
around it in this circutous way, Why,
everything about the matter proves that
there is some chicancry i'll it.
Now | desire TO say few words in
reference to the urconstitutionality of that
resolution. The Senator from Carroll says
that article l07 Of the constitution has 10
reference to this matter-tliat it has refer
ence to the election OF State officers only.
Now, the Senator did not read that article
rightly, or he would have seen that the
word :" officer is not contained in it. but
that the most latltudinarlan expression is
contained in it. Now if we elect Il commit
tee. is that not an election. The article
SAYS: I'm al elections by the Senate and
House of Representatives. the vote shall be
given rire roce." Is there anything said
about officers il that! 1t says lin al
elections" Does that refer solely to the
election of a United States Senator or
it not refer 10 every vote that
is required to he given in an election!
Does not this resolution say the committee
shall be elected IL there any exception
made in this constitutional article. whether
it be a committee that is elected. Or Sec
Rotary Of the Senate. or any ether officer
do not comprehend the full import of the
English language if this article does not
mean what | have said. We are bound to
have our election r;rd rocc. l give that as
my individual opinion only, and the Senate
will decide whether am or am not right.
] close by reiterating that the President of
the Senate has gwen a reason. and "a very
strong reason 700. why this motion was
ruled out; end that reason was that the
Senate had already adopted resolution on
that subject.
Mr. Campbell: From my acquaintance
with the gentleman from Ouachita. l have
noticed that his main characteristic is a
to east an imputatiOn upon any
L
allow that all the courage, intelligence and
virtue Of the Senate are on the side Of the
Senator from Duachita: but l wish to say
that there is nothing in the world to Justify
the insinuatiun that We have any secret mo-
tive, or any other object or thought. what
ever. other than that the Senate considers
itself able to elect its own committees.
Now, wish to ask the Senator one cues
ton: Supbose this resolution had not in
h.,ll
resolved that the Senate should elect II com
mittee of five for such and such Il purpose
would it not be perfectly proper to proceed
to that election? He has admitted that the
Of that resolution is not in
question, ana that a motion to proceed TO
an election under that resolution is inst as
much out OF order as If ii was uncOustitu
tional.
Mr.. Ingraham: On Monday, shortly after
the organization Of the Senate, motion
was made by the Senator from Ouachita
that the rules which governed the Senate
in 1870 should be adopted. A substitute |
was offered to that motion by the Senator
from tho Second District, that the Senate
should proceed to elect a committee on
rules by ballot. That substitute was
adopted, and shortly afterward the Senate |
adjourned. Yesterday a motion was made |
to proceed 10 an election for that com |
nittec, Notwithstanding the fact that the |
Senate had, the day before, voted TO elect |
by ballot hold that this motion TO pro-
,eed to an election to-day is out of order, |
and that the only motion that can be made !
IS to proceed to an election in accordance |
with resolution passed on Monday. The |
gentleman from Carroll says that it is |
IN expression OF the will of the |
Senate as to the mode of electing
standing committees. have only to say |
hat the Chair has twice decided the mo-