New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-12-07
NEW ORLEANS REPUBLICAN, THURSDAY, DECEMBER T. 1871

Lieutenant Governor, for the reason that
the chief executive had no authority under
the constitution to call an extra session OF
the Senate for that purpose. The only au-
thOrity, Mr.. President, Of that character il
contained in article sixty-four OF the con-
stitutiOn, which reads as follows:
PARTICLE q. lie may, on extraordinary
occasions. convene the General Assembly
at the seat Of government, or at different
place if that should have become danger
GUS from an enemy or from epidemic: and
in case Of disagreement between the two
| houses as to the time of adjournment he
may adjourn them To such time as lie may
| think proper, not exceeding four months.
There is nothing whatever in the consti-
tuition of the State which authorizes his eX-
cellencv, either upon ordinary or extraor-
! binary occasions, to convene one branch OF
the General Assembly without converting
| the other House at the saline time. The
action OF the Governor. in this instance. is
| unconstitutional. because the Senate forms
bat an integral part OF the General Assem-
| bly,, and has no right or authority. under
the law, 10 transact any business. or per
form any daty, even though i: may
come specially under its Jurisdiction.
Any election that We may hold for Lieuten-
ant Governor, OF any action that we may
| take upon anything to-day, will be null and
void, simply because the Senate has no
right to act of itself. The law provides how
all vacancies shall be filed during the re-
cess of the Senate. Ii a vacancy occurs in
any Office during that time, the law says
that the Governor Of the State shall appoint
person to till the vacancy, which person
shall remain in office until the next session
of the General assembly thereafter. The
Governor. who has seen proper. at this poll
teal juncture. TO take upon himself this
grave responsibility. shields himself be
hind the provisions OF an unconsti-
tutional act. /, as Senator, sworn
to support TIE constitution and accept it as
my guide. can not give my acquiescence to
this unconstitutional and revolutionary
action on the part of his excellency. ! re
peat that il the Senate goes into an election
for president today, its action Will be null
and void. ard not binding upon the General
Assembly OF the State when it shall assem-
bic III January next. The Legislature will
have right TO disregard and set aside any
such election. As TO the question of the
confirmation Of nominees. which is one Of
the pre!eXts under which the Senate
has been called together, The law
provides that person APPOINTED
during the recess OF the Senate,
shall remain in office until the mex, meeting
of the General Assembly, when he shall be
confirmed or re ected. There was 10 neces-
sity. therefore, for calling together the Sen
ate for that purpose. As to measures of re-
form, what right has the Senate. an integral
part of the Legislature. to institute meas
ures Of reform, What right have we to in
troduce bills and pass them. or make them
binding either upon ourselves or upon The
people We have no right az all To do so.
That was simply a preteXt ON the part of his
exctllency in calling the Senate together
in order to accomplish some object, which
perhaps. the ma jUrity of the Senate thought
they could hot accomplish VIXEN the Gen
eral Assembly is IN session. Whatever
action we take today, l. as Senator. do
not propose TO be bound by it: and when
the Legislature assemblies in January. If the
House OF Representatives sees proper to
take this matter III hand. and declare that
the officer elected Today was not constitu-
tionally elected. will do everything in my
power to assist them
Mr.. 1norahaI : ! fully coincide with the
remarks of the Senator from Claiborne
Mr. Blackmarl. Article sixtv-1our OF the
constitution gives tie executive the power
10 convene the Legislature in extra session
upon extraordinary occasions: but there is
no extraordinary occasion that demands an
extra session o. the SeIa.s at the present
THE.
The t.iy ridden people of Louisiana will
point the ln.er OF scorn and contempt at
the Governor for having unnecessarily put
them to the expense OF twenty-five or thirty
Thousand collars III convenlng this body.
As far as ! am concerned, | shall not cast
my vote tor any appropriation To pay the
mileage and per diem OF Senators for this
extra session. Article tfty-eich. OF The
constitution says.
The Governor shall have power 70 grant
reprieves for a. o,tenSeS against the State.
and. except IL cases of Impeachment. shall. |
with the consent OF the Senate. have power
I" grant par,.ons. remit fines and torietures
after conviction liz cases III treason he
may grant repr:evts Nnti the end of the |
next session OF the General Assembly. in
which the power of pardonnr shall bc
vested. In cases when the punishment is |
not imprisonment at hard labor the party
upon being ltprieved by the Governor |
shall be released ii in actual cGstoGy until |
final action by the Senate
In the proclamation converting the Sen !
ate. his eXcellency asks us 70 take up con
tIrlnatlons 81 pardons. We can Eot do SO
until the whole General Assembly meets in |
regular session. Ii we 20 into an election |
for Lieutenant Governor to-day. il can not
bind the House OF Representatives. nor the
people OF Tie State. nor can the man we
elect legally exercise the rights and pre-
negatives attached to that Office. He would
he mere myth-something with a name,
but without existence: Il nIere shadow.
without the substance. You may clotle
him with tie powers OF Lieutenant
Governor: you may elect him President of
the Senate: bat the Supreme Cour, OF the
State. ii the question is brought before
il. will decide tina: he is not legal |
officer. 1t is trne that the General As
sembly passed a law in 1870. giving lis ex-
cellency power to call special sessions OF
the General Assembly; hut nowhere in
that law is the power granted 10 him to
convene one house without converting the
other. | have carefully examined the CON
and statute laws of the State
have consulted the best legal talent in the
city; have looked for precedents, and
have ascertained that there Is nothing upon
which the Governor could base his right to
convene the Senate to-day
Mr.. McMillen: feel very sad when |
hear that We are going TO do anything IN
and | desire 10 mingle nv
tears with those OF the honorable Senators
who have spoken SO eloquently on this sub
iect but its the distinguished chairman of
the standing committee on judiciary OF the |
Senate Mr.. Ray has submitted the resolu-
ton which is now before us, presume that
it must be legally correct. For that reason
am in favor Of the resolution, and now
move its adoption, and call for the previous
question.
The previous question was ordered and
the resolution adopted.
Mr.. McMllen: In behalf of the Repub-
lean members of the Senate. nominate
Hon. Z. b. 5. Pinchbach for President of
the Senate.
Mr.. Ingraham: In behalf Of the Repub-
ican party OF Louisiana, nominate Hon.
L. V. COPELAND.
Nominations closed.
On a call Of the roll. the following Sen