New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-01-21
Htw 0rleans Republiean.
OFFICIAL JOURNAL or THE UNITED STATES
OFFICIAL JOURNAL OF NEW ORLEANS
DEBATES OF THE SENATE.
THURSDAY, January 10, 1871.
(CONTINCED.l

can not 20 back and say that the census
was improperly taken: that it was unfair.
and that it was unjust. This census was
required to be taken by an act OF Congress.
The returns thereof must have been certi-
fed to bv the officers that took it; and it is
the only basis upon which we can now pro-
ceed to make an apportiOnment of the State.
If, unfortunately, it has done An injury to
certain sections of the State; if fair census
returns have not been made, it Is your mis-
fortune; but if. on the contrary. the census
has lone Justice to other sections OF the
State, don't try to take away from those
sections their proper representations. sim
ply because yOu rave been injured in this
matter. Now, l say that the only just and
equitable basis in making an apportionmcnt
of the State of Louisiana is the one pro-
vided for by the constitution Of the State
that is, the basis formed by the census OF
1870.
1t is presumed that the officers ot the law
did their duty; it is presumed that good
and competent officers were appointed by
the United States Marshal to perform this
important duty, and that they have dis
charged it honorabiv and faithfully under
the law. Ii they have not done so in some
sections of the State, it Is their fault: but
where they nave discharged their duty
faithfully. pOu gentlemen of the Senate
have no right to deprive those favored sec
tiOns of fair and jus: representation under
that census.
Isay that if you pass this substitute you
certainly violate the constitution, because
you deprive certain portions of the State of
the right to increased representation under
those census returns. If there has been in
Justice don to any section of the State; if
this bill reported by the committee operates
unjustly toward any parish OF the State, let
it be amended; but the only basis upon which
We can now proceed is the basis established
BY the constitution. and that basis is founded
upon the census returns of 1870. The very
moment we go outside Of that we have
nothing for our guidance. For these rea-
sons l renew my motion TO lay this substi-
tute on the table, and hope that the original
shape, in order that if it acts u~njustly to-
ward any parish III the State we may
amend if.
Mr.. Lynch: The Senator says that this APP
pOrtiOnmcnt ought to have been made in
accordance with the populations; | agree
with him as tar as that Is concerned, but
when he says that the census which has Just
been handed down to lis here is Il correct
statement OF the population of this State, l
say it is not 80, so far as that portion of the
State from whence l come is concerned.
lean state, from my own personal observ-
alton, that in One-half of one of the par
ishes that ! represent the census was not
taken at all. The parish of Madison is di-
vided into two parts by a railroad. That
part of the parish south of the railroad, en-
bracing three-fOurths Of the population of
the parish, was not visited by the census ia
kers at all. The officer appointed to take that
portion Of the parish left his country for
his conntry's good perhaps. know, any
how, that no census wastaken at all in two-
thirds of that parish. 1t is returned as
having Il population of 1892. when it has
a registered vote of 220o. know that there
ought to be $500 registered voters. because
a great portion of the voters did not register
at all. Now. sir, that parish has at least
sixteen thousand inhabitants. and yet we
are told that it has only eight thousand; and
we are asked to accept that return as the
fair basis OF representation.
1t would be "Our misfortune" as the gen
tleman says, if We had not the power to
protect ourselves. | hope that the sense of
justice will prompt the members of this Sen
ate and OF this General Assembly to listen
to the facts of the case, and be guided &C
.cordingly. l find no fault with the officers
at all, wherever they have tried to do their
duty; but where they nave neglected their
duty entirely. then we have nothing TO
guide us. Ii the alternative is before us of
adopting either the original bill or the sub
%stitute, | shall most heartily support the
latter. The amendment proposed by the
bJCA"tOl HULL lAS l. I'LL -
"a correct one-to taxi it up item by item.
and where injustice has been done, to amend
it; but | think that the substitute will not
be as unjust in its effects as the original bill.
Therefore. | favor the amendment of the
Senator from the Second District. and hope
that it will be carried.
Mr.. Blackman | shall read again the ar
tlcle of the constitution | have quoted,
which it strikes me that We are bound to
An r,,rJnI s- nv nln11,.- %l~~ -o41
the article referred to- Now, l say that we
have no option in this matter; that the con-
stitution speaks imperatlyely; that if we
ore to be guided by the constitution in this
matter, IT we make an apportiOnment
at all, it must he made in accordance with
the language and direction Of that instru- |
mcnt. state again that if the officers of the
United States have failed to discharge their
duties in this important matter, in not
giving a proper cersus return of certain
parishes, it is not our fault.
1t is true that it is a great misfortune to
That portion of the State; but it is evident
if we take the position which it is pro-
posed We shall take, by the Senator from
Carroll, a demand could simply be made
us Ivy any Senator to increase the rep
resentation OF his district simply upon his
announcement of what he thinks
the population of that district is. The very
AAohINIh iitt We cav IuC tOuSIlLutlOIl,
which is not only directory but mandatory
in this matter. We have no guide. AS l said
before, all a Senator will have to do, under
this new rule, would be to stand up and say
what he thought the population of his parish
was, in order to get its representation in
l propose to be governed in my
action by the constitution. If the officers
who took the census in the gentleman's dis
trict have not discharged their duty it is not
BUR fault. 1f it happens that in my section
Of the country they have discharged their
duty, / shall certainly protest against any
portion OF the representation to which we
are entitled being taken away from us.
The constitution emphatically says that
.uch and such things shall be dore. 1t says
that after the census taken in 1870, by
authority of the United States government
g returned, thatthe Legislature of the State
hall make the apportionment in accordance
With these returns. How will you get over
Can you go back and say that they
nave not discharged their duty that they
nave not made a proper return. M have
to take down the names of the
people OF your respective districts? When
vOu do that you must see what the pOpula-
ion OF your district is, and, not being able
70 do that you must make the population
according to the Gictulm OF each
On the floor. Now it is not
that the Senator from Car
oil should want his district properly
but if he could claim twenty
i've thousand inhabitants. would not each
on the ioor have a right to claim
Orty thousand! If he claims sixteen thou
and inhabitants in his district and claims
representation for those sixteen thousand.
l have the same right to say that l
forty thousand inhabitants on
his floor and claim repre- entatiOn for them.
he only reasonable way to get out of Tho