New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-01-27

House of Representatives when IN
extra session convened, the Speakers
chair had been declared vacant and MI.
Brewster elected to fill the vacancy. There
desire to call the attention of the Senator
from Claiborne Mr.. Blackman). as well as
the Senate and the people Of Louisiana, to
the simple fact that it Mr.. Carter, on the
third day of January. had recognized, as
was his duty to have done. a motion to de-
clare the Speakers chair vacant, all This
trouble would have been avoided. The
House of Representatives would then by
a majority of votes, have either confirmed
him in his seat or have chosen some otner
man from among their number to preside
over their deliberations. / will remark
here that. in my opinion, the House OF Rep
resentatives have right to change their
presiding officer whenever they please to do
So l think any legislative assembly has
that inherent right. l think this Senate
even has right to change its presiding Ofti-
Ger every hour in the twenty-four If such
should be the wish of ii majority. 1t is a
point that has been conceded by former
Speakers of the House of Representatives
Of this State, as we'll as other States. when
Mr.. Lowell was Speaker Of the House OF
Representatives,, and he became convinced
that the majority were opposed 10 his
continuing in that office, he did not de-
cline to put motion declaring his
seat vacant, but recognizing the right OF
the majority to rule, retired from his
position and allowed the House to elect
successor. If Mr.. Carter, on the third
day of January, had done this, all this
trOable would have been avOided there
would have been no armed Intervention at
the request of the House of Representa-
tives: there would have been no policemen
in this building nor in the streets in this
vicinity; nor would there have been an as
semblage of armed men on Canal street ior
the purpose of making an attack on thus
building and gaining violent admission
thereto every thing would have been set
tied, and the legislation that has been SO
loudly demanded by the people OF the
State would have been enacted before this.
This was the first revolutionary act IN the
House, followed by the other on the fourth
of January, when members of the House Of
Representatives were arrested by United
States marshals, and while thus detained
the political complexion OF the House was
so changed by expulsion of members that
a majority were in favor OF retain
House of Representatives. Now, what is
the House of Representatives.! 1t consists
simply of majority of the chosen Repre-
sentatives of the people assembled in the
place fixed by law. e., in the Capitol of our
State Now, what do we see on the fifth
day of January! We find majority OF the
legally chosen Representatives Of the peo-
pie assembled in the hall Of the House of
at twelve o'clock on that
day, approving the action OF the Governor
in calling the extra session, and recognizing
the action of the House of Representatives
in converting under that proclamation as
valid Thav rocnupizaI
Mr. Brewster, as Speaker and elected him
over again, thereby ratifying and confirm
ing the action of the House of Representa-
tiyes in extra session, in legal, formal and
manner
Mr. Blackman-I would ask the Senator
if they did not meet without quorum, not
including the seven members that had been
unseated9
Mr.. McMillen-I will inform the Senator,
that those seven members had been I'M
seated without quorum being present.
Mr.. Blackman-HOw was it possible for
the House of Representatives to organize
and go into the election for Speaker or any
one else. without quorum! There was
certainly not a quorum If the seven mem
bers who had been unseated were not IN
Guided. Those seven men could no more
form a legal quorum than would seven
other men that you would pick from the
street. Your doctrine is. that a minority
has a right to determine upon the qualitica-
tons of members elect. Just as the Senate
did when it turned out Mr.. Sambola, and
seated Mr.. Campbell in his stead.
Mr. McMillen-The House of Representa-
tives is, by the constitution of the State. the
Judge Of its own members. 1t alone can de-
termine who are members, and the Senate
alone can determine who are members of
yIh.,, no Of r
atives met in extra session. they read the
journal of the regular session OF that day.
and determined for themselves land no other
power on earth could have determined that
question for them that the pretended ac-
ton of the House of Representatives i'll
regular session that day was null and void.
for the reason that there was no quorum
present when those seven members were
unseated, and six men. who were recognized
as partisans of the presiding officer.
were seated in their stead. That Is the way
these seven members came back tG their
places. Now, what are the facts of their
Ii they were legally expelled
they had no right to vote; and vice versa.
The whole question. therefore, depends
upon the legality of their expulsion. When
these gentlemen We're dragged away by
the United States marshal and held in Gus
tody until released on bond, the House of
with tifty-one members
present. voted to expel seven OF the mem
bers who were absent.
Mr. Observation-Disclosures Representa-
tives were present.
Mr. McMillen-I submit that the journal
will show that but tifty-one members were
present, including the Speaker. l can show
the gentleman the sworn certificate or
statement of the Chief Clerk of the House
taf Snttinp forth the fact
that there was not quorum present when
this action was taken by the House of Rep
Furthermore, the journal
shows that there were but fifty-one men,
bers present when it was taken. If that
be true, their action was null and void, be-
cause titty-one members are not a quorum
of the House of Representatives. What
becomes. then, of the statement of the
honorable gentleman from Claiborne MIR.
that the House of Representa-
tives, now sitting in their hall, are
the Outgrowth of revolution and of viO-
lence, and are without authority either in
the constitution or in the laws. 1t falls to
the ground, because in endeavOring to sus
tain his proposition he has simply cited the
action of the House of Representatives
when convened in extra session, and as
serted that the Governor was without au-
thOrity to convene the General Assembly,
forgetting the important fact that no organ
ization OF the General Assembly in regular
session had yet been effected, for want of a
quorum il the Senate. He argues that the
action of the House of Representatives in
extra session must necessarily be void But
the gentleman forgets that after this extra
session had adjourned. at twelve o'clock, on
the fifth day of January, the House of Repre-
met in regular session at their
usual and legal place of meeting, and pro-
ceeded to organize.
Mr.. O'Hara-They met there surrounded
by bayonets.
Mr. McMillen-There were no bayonets
used until a resolution was passed by the
of the people calling upon
the executive for such protection as he
could alfnrl them and mill they had sinnel