New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-01-21
DEBATES OF THE SENATE
AN EXCITING DISCUSSION
SENATOR HUNSAkER'S REMARKS

We publish this morning full report o
the debates yesterday in the State Senate
on most exciting and interesting topics
| The readers of the REPUBLICAN will b.
amply repaid for following these debates
from the beginning to the close, as the ses
sion yesterday was one of the most exciting
that ever occurred
ELECTION OF LIEUTENANT GOVERNOR.
Mr. Harris offered a resolution ratifyine
the action of the Senate in extra session
moved its adoption, and called for the pre-
vious question.
Mr.. Blackman made the point of order
that, as the Senate was proceeding without
any rules for its guidance. the previous
question could not be called. Previous to
the organization of the Senate of Louisiana
the previous question was unknown III any
Senate in the Union. There was nothing in
the rules Of the United States Senate nor
in Cushing's Manual which would justify
such q call.
The President said he preferred to remit
the question raised by the point of order to
the Senate for its decision.
Mr.. Ray inquired whether the resolution
offered by Senator Harris could be acted
upon without lying over.
The Chair decided it could, as there was
trary. The President also said that, al
though there was no rule authorizing the
calling OF the previous question, the Senate
had set the precedent for it. He preferred.
however, to submit the question to the
Senate for its decision.
Mr.. Ray inquired whether the question
was debatable.
The Chair thought not, as it was inciden-
tai to the call tor the previous question,
which was not debatable.
The Senate. by q vote OF sixteen to seven
teen, decided the call for the previous 4ues-
ton out of order.
Mr.. Blackman offered, as substitute to
the resolution of Senator Harris, preamble
and resolution, signed by sixteen Senators,
declaring the election OF Lieutenant Gov
ernOr Pinchback illegal and null, and NOV
ing that the Senate proceed to ill the va
cancy created by the death of Mr.. Dunn.
He said: Mr.. President, it is the opinion Of
the sixteen Senators who have signed this
paper that the election held during the
extra session of the Senate was uncOnstitu
tional, null and void. because the Governor
Of the State had no authority to call the
Senate together in extra session without, at
the same time, calling the House of Repre-
sentatives together. We distinctly and
emphatically say that We do not consider
ourselves bound by the action of the Senate
on that occasion, but at the same time We
desire it to be well understood that we
have not assumed this position on account
of any personal considerations, for GER
tainly none would enter into a contest of
this xii d. As representatives Of the sover-
eign people, sworn to uphold the constitu-
ton and laws, We cannot recognize any act
which, in our opinion would tend to sub
vert the constitutional government of the
State and destroy our republican institu-
tiOns. If the Senate wishes to elect a pre-
siding officer while the General Assembly is
in regular session, its action would be legal
and biding upon all of Us but we do not
wish that such a precedent as this should
be established. justifying the executive in
calling an extra session of the Senate in VIC
latiOn OF the constitution That is all we
are labOring for. We are not partisans for,
indeed, party distinctions have lately only
an imaginary existence but we are simply
trying to preserve to the people what We
believe to Ee their constitutional rights. as
we consider it our duty to do as their
chosen representatives. l now move that
the substitute have offered be adopted in
place of the original resolution.
Mr.. RAY desire to say few words
upon this subject, in order that my views in
reference to it may go before the people. l
understand the question to be whether or
not the Governor of the State has legal
and constitutional right to call the Senate
together in extra session at any time. sepa-
rate from the House of Representatives.
We do not raise this question on account Of
any personal objection to the gentleman
who now occupies the chair. nor for any
personal reason whatever. Our action is
based entirely upon our views of the con-
stitutional question involved. We do not
wish. by our votes, to sanction the execu-
tive of the State in what we consider fla
grant violation of the constitution, in un
necessarily calling the Senate together
separate from the other branch of the Gen
eral Assembly. After careful examina-
ton of the constitution and of the laws
bearing on the subject, l have arrived
at the conclusion that, far from there
being ANYTHING in them favoring the action
of his excellency in this particular, they are
in direct opposition to it. But, admitting for
the sake OF argument, that the Governor
had that right, say that at the time the
extra session of the Senate was called, there
was no extraordinary necessity for it, and,
therefore. he violated the spirit if not the
letter of the constitution. There was no
contingency that was not exceedingly re-
mote which necessitated the call for an
extra session of the Senate. The Legisla-
lure may be called together by the Gov
ernOr upon extraordinary occasions, when
was not done but we insist that the public
interests would not and could not have
suffered if the Governor had failed to do
what he has done. From the sixth OF De-
cember to the first of January was very
short time. and no contingency could have
arisen in that interval which would have
necessitated the call for the extra session OF
the Senate. The death of the Governor
would perhaps, have been an extraordinary
h,,% hat <1o
islature has provided that the Speaker Ot
the House of Representatives shall fill the
vacancy caused by the assumption by the
Lieutenant Governor of the duties and tunc-
tons of the Governor until the next meet
ing of the General Assembly, at which time
the Senate should elect presiding officer to
act eX otficiO, as Lieutenant Governor. This
law will be found in the Revised Statutes OF
lo6S repeat, in conclusion, that we are
not urging this objection in order to defeat
the gentleman now presiding over the Sen
upon record our solemn protest against this
violation OF the constitution by the execu-
tive of the State.
Mr.. Hunsaker-I am not surprised that
the gentleman from Claiborne (Mr. Black
NAM should raise this question at this time,
because when the Senate met in extra session
he expressed his doubts as to the legality of
the action of his excellency, and expected
him to be consistent in that opinion But
such was not the case with the gentleman
from Ouachita (Mr. Ray. If | recollect
right, the very resolution under which the
Senate proceeded to the election of pre-
siding officer was introduced by Mr.. Ray
himself It | had any doubt before as
to the right of the Senate to go into that
election. it was dispelled then, because /
was aware that the Senator knew something g
of constitutional law, and had stood at the
head of the Judiciary Committee ever since
the first organization of the Senate under the
nresent constitution did not hear n sin ole