New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-01-14

January 6-The House meets, quorum
present and adjOurns. 3D..
The Senate meets, no quorum. ana ao'
.jOurns. ...:
This day, the sixth January. the petl!lon
of Injunction is filed in this case. verlneo ny
the affidavit of the Governor of the state:
1t can not be questioned that the House VI
Representatives and the Senate met at the
Capitol OF the State, in the building known
as the Mechanics Institute. in tins CITY, on
January |. 1871. Now, article thlrty-eiSht
constitution reads:
"Neither House shall adjourn for more
| than three days, nor to any other place
| than that in which it may be sitting during
| the sessions OF the General Assembly. With
| out the consent of the other.
We find nothing in the journal OF the Sen
| ate to indicate such consent. We can not
presume that the House of Representatives
| would do an unconstitutional act. On the
contrary. We find House of Representa-
| tives with IA quorum every day. sitting IN
| the place-the only place-where House
| of Representatives can sit, unless with the
concurrence of the Senate it adjonrns else
where We find its journal regularin form,
daily authenticated by the Chief Clerk
elected by the House Of Representatives IN
| in the official Journal, as the law requires,
This court will take judicial knowledge OF
what is necessary to constitute quorum.
| 1t finds in the official journal the evidence
| that there was a quorum.
| What members were properly admitted
and what improperly expelled. this court
can not inquire; Tor OF that matter the
| House of Representatives alone is judge.
Each house." says Mr.. Justice Cooley, in
his admirable treatise ION constitutional
limitations. p. 1873, 'has also the power to
punish members for disorderly behavior
and other contelnpts of its authority, and
also to eXpel a member for any cause
which seems to the body to render it unfit
that he continne to occupy one OF its
seats.
This power is sometimes conferred by
the constitution, but it exists whether ex-
pressly conferred or not. 1t Is "a neces
| sary and incidental power to enable the
House to perform its high functions, and is
| necessary for the safety of the State. 1t is
| a power of protection. A member may be
physically mentally or morally wholly unfit,
he NAV be affected with contagious disease,
or insane, or noisy. violent and disorderly,
or in the habit of using prOfane, obscene
and abusive language" And. "independ-
emily of parliamentary customs and usages,
our legislative houses have the power to
protect themselves by the punishment and
expulsion of a member. and the courts can
not inquire into the justice OF the decision
or look into the proceedings to see whether
opportunity for defense was furnished or
not" Hiss 4 Bartlett, 3 Gray 46S: Ander-
son VS.. Dunn, 6 Wheat. 2O4.
And where" says the same authority, p.
AL by the constitution, twO-thirds or
three-fourths vote is made essential to the
passage OF any particular class OF b!lis. Two
| thirds or three tOurthS OF quorum Will be
understood, except it is expressly declared
that this proportion of all the members or OF
all those elected shall be requisite" South
worth VS.. Palmyra and Jacksonburg Rail
road Company, Michigan. 2S7; State VS.
Mcbride, 4 Missouri, BOB.
In this connection the court must take ju-
dicial mott of the following prOclamations
by the chief executive of the State. viz: the
one converting the Legislature of January A.
the one OF same date addressed to the people
and the one of the fifth instant addressed
also, to the people.
Proclamation.
EXPLANATION TO THE PEOPLE.
STATE or LOUISIANA, }
Executive Department,
New Orleans, January >. 1872.
: To the People of TIE state of Louisiana:
The occasion has arisen when deem it my duty
to inform YOU OF the condition of the public peace
On the tliird instant "A motion was made i'll the
House of Representatives. to declare the Office o
Speaker vacant. when the then Speaker. IN Il mos
arbitrary manner refused to put the motion to tn,
House, whereupon an appeal vas made, winch h'
also refused to put, when member, not wth0r
precedent, put the question, ana IL was carried
with great unanimity. But Speaker George W
Carter violation of right and law. refused to give
place his successor surrounded himself with al
!, armed band of men who hat been concealed in hi
private room and intimidated the House into sub
mission to his will. He, however. seeing that tn,
House was firm in its determination 10 change it
presiding otti GER promised the members leading til,
opposition him to resign on the following day j
the House would then adjourn which it die
few minutes before u NJ the time of assem-
bling of the Legislature, Deputy Unite,
States marshals entered the Capitol arrested til,
Governor, observation-disclosures. several members o
the Senate and some twenty members OF the House
court of a United States commissioner. Oh the falls
and frivoo charge that said officers and member
: were conspiring against the laws OF the Unite,
States and the Stat. OF Louisiana. These arrest
were made the affidavit OF four partisans of thu
said Speaker. While the arrested members Will
! the Governor and Lieutenant Governor, were alb
sent at the Cuotomhouse, a part OF the remann,
members, Under the lead of the Speaker, and with
oft HAVING a uro,um present proceeded to dee lar
the seats of several absent members vacant. AM
filled them. III part, by part,ans OF said Speaker
During these proceedings several members VIII
| desired retire from the House forcibly de
tanned on the arbitrary order of the Said gorge W
Carter and spite of nts of order raised by
: OF the members, to the effect that no quorum wa
, | present
at once took measures to meet the emergency. AM
issued his proclamation at 100 p NJ, converting III
| General Assembly in extra session at 40 P NJ TO
| the purpose of considering the extraordinary eli
, eumstauces of the occasion. The Senate met with
| ont "A quorum and adjourned. The House havin
: | ftty-tve members-three more than a quorum
| present at proceeded to denounce he extra
J | ordinary and revolutionary proceedings of tn
conspirators declared the office OF Speaker vacant
and elected another member to fill his place. TIL
ex-Speaker, u. W. Carter, was then expelled frOI
the House twothirds of the members concurrins
The House passed resolution calling on tn
> Governor, with written request signed by fifty
five members demanding that immediate steps b
taken for the protection of the members PERSONAL
and in their legi satlve capacity;
On the NTH instant, George w. Carter addreSSe
= the Governor a communication informing hir
: | that he, i'll conjunction with a number of men
n | brrs of the House who recognized him as Speaker
had determined to assemble at some place no
stated, and there TO assume the functions
. powers and privileges of the House of Represent
! atlves.
J. Notwithstanding this revolutionary movement
| the House of Representatives met at the usus
time and place, and had present fifty nine men
: bers. seven more than quorum, and proceeded I
i | transact business
a During their deliberations two deputy Unite
United States marshals entered the Capitol an
attempted to again arrest the Governor, LituteI
e ant Governor and members OF the Assembly. whic
a was refused and declined by the Governor an
| members.
No sooner did member leave the Capitol tina
he was arrested by pretended sergeahts at ann
= and carried off to room above cOeehOuse an
l. there forced to remain. There said to hay
been sevral OF these arrests, making it necessar
. for the remaining members to remain in the Cal
itol during the night. Since the first day of til
: session number OF Senators have absented then
:. selves from the Capitol and have succeeded
:, breaking IA quorum and in preventing the transa
ton OF business i'll the Senate. 1t is reported an
l. believed that such absent members lave take
G refuge on board the United States revenue cutie
l. Wilderness, and have successfully defied t.
a tnorty of the Senate to bring them before its la
t in accordance with the constitution.
L The above is 4 plain and truthful statement
h the facts and are communicated to the people tc
their ntol nation.
y The condition of affairs presents crisis requi
ing all OF the wisdom and patriotism OF the Poop
l. to meet IT.
e A revolutionary body styling itself the House
# Representatives. of the General Assembly of I'll
Il Ne