New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-01-06
ale,, Orleans &epnblita'1.
OFFICIAL JOURNAL OF THE UNITED STATES
OFFICIAL JOURNAL OF NEW ORLEANS
DEBATES OF THE SENATE.
WEDNESDAY. January 4. 1871.

should proceed TO the election OF all Official
Reporter
Mr.. Lynch said that before this question
was put he would ask whether " was de-
cidet tina; an Official Reporter was neccs-
sary, 1t seemed to him, he said. that the
Secretary. Assistant Secretary and Minute
Clerk were all the officers that We're neces-
. sory for The transaction OF the Ordi-
nary business of the Senate. lie SAD
that the Senate had had a very able re-
porter for the past two years: but Whit
had he accomplished He had been pad at
the rate of some eighteen or twenty dollars
a day to report the speeches of members OF
the Senate. He considered that the people
of the State were not able to pay 70 nave
the speeches OF Senators reported. The
office of Official Reporter WAS unknown 10
the law: and hc thought that Senators nad
better pause before they created an ONCE
involving such heavy expense. He, there
fore, moved to lay the motion TO eject an
Official Reporter on the table
The Senate refused to lay the motion on
the table.
On the motion Of Mr.. Campbell that the
Senate should 20 into the election oi
standing committee OF five, to report rnies
for the government of the Senate
Mr.. Ray said: There have been no rules
adopted by the Senate for its government.
other than the resolution passed on last
MOpuay. which TesltS is IOllCNss
ResoIrei, That the Senate elect a com
mittee OF five. by ballot. to report rules for
the government of their body for the pres
en-. session.
That resolution had reference TO the same
subject that is row preached: and it is the
one that must now govern the Senate, unless
repealed by proper action OF THAT body. 1,
therefore, hold that the resolution now in
,roduced is out of order 1t is true that it
is q little differently worded from the one that
was passed Monday; but, nevertheless, the
object is doubtless the same The very same
point that now raise is the same that was
raised and decided yesterday. And it was
then very properly stated. by the Senator
from Claiborne, that the only way 10 get out
OF the difficulty was to reconsider the resO-
iutiOn passed Monday. 1t can not be got
around any other way. No other motion or
subterfuge can be tolerated, according to par
liameneary usage.
The Chair ruled the motion out of order.
Mr.. Campbell: ] wish to ask the Senator
q question: Whether understood him to
state yesterday that the resolution adopted
by the Senate day before yesterday was
unconstitutional!
Mr.. Ray: gave my opinion on that sub
ta65 yesterday, and that opinion was that
the resolution was unconstitutional.
Mr.. Campbell: Then, if that resolution is
unconstitutional, is it not null and void
will meet the Senator on his own ground,
and admit that it is unconstitutional; but if
it is SO, it is null, void. and Of no effect.
Anotherpoint submit, is that the resolution
1 have introduced to-day, is of different
character from the one passed on last Mon
day. therefore appeal from the decision
Of the Chair, and on that appeal, shall
vote against sustaining the Chair.
Mr.. Ray: / stated yesterday that IL my
opinion it was an unconstitutional rcsolil-
ton; but that was my individual opinion.
and not the opinion OF the Senate. The
Senate must act upon that subject before it
can be regarded as unconstitutional. That
resolution has been adopted by the Senate
as q rule by that body, and. until the Senate
recOnsiders that. it is binding, and must be
enforccd-,iust as an unconstitutional act of
the Legislature is binding upon the people
until the courts declare it otherwise.
The President: The Chair will have to
adhere to it's decision Of yesterday in ruling
that resolution out of order. l ruled as /
did Yesterday because considered that the
Senate had passed that resolution the pre-
vious day and was bound by it. Now, if
the maker Of that resolution has discovered
that he has made an error and that he has
violated the constitution, it is no fault of
mine. l can not stultity myself to-day by
entertaining this resolution. l took the po-
was adopted on Monday was unconstitu-
tional it should not remain on our minutes;
that it should be recOnsidered and put in
proper form. | can not, III doing my duty
suffer it to be covered over in the way that
is proposed; - ..
presents itself now is the one that presented
itself yesterday. 1t seems to me that this
difficulty might be obviatcd; that it could
be settled by parliamentary rules. That
resolution has been passed, and the Senate
is bound by it until it is reconsidered.
Taking the view Of parliamentary law that
do, shall be forced to sustain the Chair
in it's decision.
Mr.. COPELAND: That resolution was
passed by a majority of the Senate on the
first day of its meeting, and it appeared
upon the minutes the next day. Those
minutes were adopted by the Senate and
of the official journal. 1t is therefore bind
ing on the Senate until it is repealed by its
own action.
Mr.. McMillen: A good deal is being said
to-day, and a good deal was said Yesterday
when this subject matter was brought up,
about the unconstitutionality of the resolu-
ton which was adopted day before ycster-
day by the Senate. Much is also being said,
Mr.. President, Of the conflict which exists
j
fered by the Senator from the Second Dis
trict and the resolution which | have Just
referred to. I would ask, Mr.. President.
that that resolution passed Monday he read
by the Secretary.
The Secretary read the resolution.
Mr.. McMillen: That resolution passed
this body on the second day Of January.
the first day of the session Of the
Senate. 1t Is an expression OF pre-
Inv Ip ha
mode OF electing :. committee to report rules |
for the government of this body. The mo-
ton that has been made here to-day By the |
Senator from the Second District is "a mo- |
ton to proceed ut this time to elect that |
committee. The first resolution simply |
fixes the mode or the manner i'll which this |
committee shall be elected and the mo- |
ton made to-day is that we proceed |
now to elect that committee. Should this |
motion made to-day prevail. it will simply |
be carrying ont or operating upon the reso- !
luton passed Monday. The President of |
the Senate has already disclaimed any in |
tention to base his decision on the unconsti- |
of that first resolution. With /
out assigning any reason whatever, without |
producing any parliamentary rule to govern |
his decision, without being able TO tell us |
why he does 80, he, in an arbitrary manner, |
decides that the motion of the Senator is |
out OF order. A motion to proceed to the |
election OF committee to report standing |
rules for the Senate is ont of orderi And l
why! Does the honorable President Of the |
Senate deign to inform the Senators why it |
is out Of Orders Does he choose to give one |
single parliamentary rule to sustain him |
self in his understandable position |
Does he give single reason which would /
Justify any Senator in voting to sustain him |
in the strange position he has taken. Why |