New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-12-17
THE STATUS OF SENATOR PINC9BACK.

According to our nelghbOr the l"'es'
, considerable discussion Las arisen IN
regard to the status Of the individual
who is now discharging the duties OF the
: late Lie utenant Governor Dunn. If the
. discussion alluded to by the Times affords
any light upon the subject that IS freely
r discussed, The public are unable to see
it. The Times reflects no light either OF
its own or borrowed. that is calculated to
settle the gratuitous discussions it speaks
of so gravely. The remarks of our
neighbor upon the subject Of the Lieu
tenant Governorship are not at all IN
keeping with the law and the facts govern
ing the case of Senator Pinchback. An ex-
animation of the constitution and laws
will convince any reasonable person that
the Tines is wrong i'll asserting there Is
confusion in their provisions relating to
the election Of Lieutenant Governor in
case Of a vacancy We viii undertake to
show that the confusion comes from those
who freely and carelessly discuss a sub
iect they have not taken the trouble to
understand The Times says no special
provision is made in the constitution for
filling the vacancy in the Lieutenant
Governorship. The tifty-third article of
the constitution says the General Assem-
bly, may provide by law for the case Of
removal. impeachment, death. resi- sna-
ton, disability, or refusal to qualify,
Of both the Governor and Lieutenant
Governor declaring what officer shall
act as Governor: and such officer shall
act accordingly. until the disability be re-
moved, or for the remainder of the term.
The fifty fifth article Of the constitution
saws that whenever the Lieutenant Gov
ernor shall administer The government, on
shall BE- unable to attend as President of the
! Senate the Senators shall elect one of
| their own members as President Of the
Senate for the time being. Now, We con-
tend that the constitution specially pro-
vides for the filling of vacancies in the
Offices of Governor and Lieutenant Gov
ernor by authorizing the General Assem-
bly, to pass laws for that purpose. And
in accordance with the constitution the
General Assembly has provided law
which says, in case of vacancy in the
Office of Governor. the Lieutenant Gov
ernor shall be Governor; in case of
vacancy in the Office of Lieutenant Gov
-, han oIo,,y, Jo,.t 10
shall be Lieutenant Gore7ror. This law
also provides that if the offices of Gov
ernor, Lieutenant Governor and President
of the Senate shall become vacant by
death or otherwise, the Speaker of the
House Of Representatives shall be Gov
ernor; and the Senate. at their first meet
ing, shall elect a President l-io shall be
L;e,tenap' Go,er,.or. This law was passed
in 1865, and has special reference to the
filling Of vacancies in the offices of Gov
ernor and Lieutenant Governor. \ gen
eral law was passed in 1865 which de-
clares that whenever vacancy occurs IN
any Ofice-State, parish or municipal
in this State, now existing, or which may |
hereafter be created, from death, resigna-
ton, or from any other cause whatever,
tie mode Of Filling 'rbicL IS not prori.led for
il. the constitution. all such vacancies shall |
be filled, if they be State or parish offices,
by appointment by the Governor, with
the advice and consent of the Senate,
which appointments shall be for the en-
tire unexpired term of such vacant Office.
The Governor is also authorized and EN-
powered to Issue his proclamation order
ing in all cases not otherwise provided
for by law, elections to be held in the diff
ferent parishes of the State to fill any
and all vacancies that may happen in any
elective Office. Here is the gist of the
and laws upon the sub
ject of filling the vacancy in
the Office of Lieutenant Governor occa-
stoned by the death of Oscar J. Dunn.
them, as charged by the Times. The con-
makes it the duty of the Legis-
lature to pass laws upon the subject, and
the Legislature has performed that duty
in the clearest manner possible, and
under those laws Senator Pinchback has
been elected President of the Senate, not
for the time being, but to fill the unex-
PRED term of Mr.. Dunn, deceased; and
Senator Pinchback becomes
Lieutenant Governor. with none of his
rights as Senator impaired, the Tines to
the contrary notwithstanding. That paper
says, ''having become Lieutenant Gov
.rnor, be ceases to be Senator. We think
t would puzzle our neighbor to find law
n this State that will sustain that a,ser-
ion
The Times also says sit was a grave
omission on the part Of the Senate not to
slect President of the body when Pinch
back passed into the Lieutenant Cover .
lorship." 1t is rather hard to determine
what the Times means in thus charging
grave omission upon the Senate for
eally doing what our neighbor would in :
inuate it has not done. Perhaps the I
Times meant to say the Senate committed )
grave omission i'll not electing a Presi- t
lent pro tenn. of the Senate. If so, the |
Times is wrong again. The Senate ac-
'ording to the constitution, can only elect
President pro TEN. when the Lieutenant