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

on
ter been removed since, legally and const;-
tutionally, from the chair he occupied m
the fourth day Of the sessiOn-and that !.
the real question at issue. l cOncede tba
pOint that the House of Representative 90
we'll as the Senate, has a right to CHANCE H.; to
presiding officer every twenty four bonrs =
# chooses to do SO; but it must be done -
q proper and legal manner. As soon az - =
person is elected and recognized as SpeaEe.
of the House of Representatives, he ~
mains in that office until he is legally az
perseded or removed.
The President-As happen to be inte,
ested in the matter, and as the Senator from
Ouacbita (Mr. Ray) appears to be sucb
would like to ask him, as well as the n,
ator from Carroll (Mr. McMillen) how thar
have arrived at the conclusion that the g.
ate can at any time change its presid;n.
officer, when the constitution emphat;cans
states that the Lieutenant Governor sIng
be the President of the Senate. The Sena.s
has the power to elect a presiding officer ~
case of vacancy, who, by virtue of fba.
election, becomes Lieutenant Governo-'
For the sake of courtesy, harmony and
peace have not insisted upon my const;,,,
tional right, and have permitted resoIr
ton to be introduced to provide for H.
eleCUIOu VI SULuC OtuCI l1ldu III ivy HJead. hn<
take this opportunity to inform the Son
ator from Carroll INF. McMillen) and H.
Senator from Ouachita mr. Raw that
will never again while l occupy nv seat
here entertain any motion or resolution "a.
change the presiding officer of the Sepats
unless such vacancy exists as is descrihei
in the cOnstitution-thatis caused by death
resignation or impeachment.
Mr.. McMillen-Allow me to saw that
hope there will never be necessity for am
such action on the part of the Senate.
Mr.. Ray-That question was not unde
discussion. l was not aware l said tha
the Senate had right to change its presid
ing officer at pleasure; but, as the Chair ha
raised the point, l will say emphaticall,
that the Senate has that right vested in i;
Mr.. McMillen-There is no doubt of it.
Mr.. RAY repeat that, in my opinion
the House of Representatives has right {,
change its Speaker every day, but it mus
be done legally, and not in a revOlutionar,
and improper manner. Let us glance a,
the occurrences which have taken place
from the fourth day of the session down to
the present time, in order that We NAV a.
certain whether or not Mr.. Carter has been
legally removed. After the adjournmenten
the fourth day of the session, understand
that proclamation was issued by the Cor.
ernor of the State, calling an extra seah
of the Legislature at four o'clock that after.
noOA. At that hour a portion of the mem.
bers of the House of Representatives Assem-.
extra meeting the House depOsed Mr.. Car I
ter, and elected Mr.. Brewster Speaker Of
the House of Representatives. Now, Mr..
President, admitting, for the sake of argu.
ment, that the call OF the Governor was con.
stitutional; admitting that he had a right
to call the General Assembly together on
only three or four hours notice, was not
Speaker Carter the proper presiding officer
of that body! But who will contend that
the Governor had any right to call that ex-
ira session! That very day the House Of
Representatives had met in regular session
and adjourned to the next day, and there's
no question whatever as l said before, that
it was properly organized, with legal
Speaker and a corps of officers, up to the
time of that adjournment.
Mr. McMillen-What have,yOu done with
the action of Speaker Carter in refusing on
the third day, to entertain motion to re-
move him from his position
Mr.. Blackman-Mr. Carter took the same
view that the President of the Senate seems
to take in reference to himself-that be
could not be re- wed, except by impeach
ment.
Mr.. RAY do not admit that he did re
fuse to put motion to remove him. Their
was, say, regularly organized House Of
Representatives up to the fourth day. Now
under what law or provision of the const
tuition had the Governor any authority to
call that extra session! None. On the
contrary, pronounce his action as in direc
violation of the constitution and the laws
The Legislature was in session; the Hous
,f .avtv- n,
ganized and differed. and had adiournei
over until the following day: and yst.s
that late hour of the day, the GOverne
issues proclamation calling them togethg5
again.
MIR. McMillen-Suppose there was a SCI
sion of the General Assembly, and it al
jOurned at a certain hour to twelve O'coel
the following day. and that in the interris
some great public calamity should tall
place which could not have been foreses
by the Governor before the time of ii
regular adjournment. and which would rel
der it necessary that some immediate me&
ures of relief should be adopted by th
Legislature, how would that body be calle
together before the regular hour of meetin.
except by the proclamation of his exec
lency!
Mr.. RAY believe your premises are aS
surd. No calamity could possibly happe
in that short interval which " ould render
necessary to call an extra session of ths
General Assembly. Such a contingency
C uld not be conceived. The proposition i
an absurdity upon its face, and will moi
admit of any argument.
Mr.. Campbell would ask the gentle.
man whether it is not public calamity for
certain members OF the House of RepreseD-
tatives and Senate TO be arrested under the
false and frivolous charge of being hu
Kluxl
Mr.. RAY do not admit it is calamity,
but think it a great wrong. CONSIDER
the question of Mr.. McMillen answeredb
saying that he does not premise a supPos
able case. In regard to the arrest of thos
members of the Legislature, do not attach
any blame to the United States marsha
but to the parties who made the athdavia
before the commissioner, and procured the
order. When the court issued its order
arrest, and placed it in the hands Of 10
marshal, it was his duty to execute it, s1a
he could not evade it. If an illegal Ores
was obtained, l repeat that the fault Do
with the parties who made the affidavit
Mr.. Hunsaker asked Senator Ray whetDs
he tMr. Ray) thought that any lawydn
the State would have considered the groanu'
alleged a sufficient cause for the issuing
the order of arrest.
Mr.. Ray-It seems there was one laxga
| who thought so. l think the writ shoal
| not have been issued; but having psa
granted, and placed in the hands OF W
United States marshal for execution, ltes
his sworn duty to obey. after he satnss
himself that it emanated from cOmpen'
court. do not propose, however, to ap'
myself to be driven from the line OF az;
ment which l have adopted | say that
action of the Governor in calling an esp
session of the General Assembly at U
time, was unwarranted by any law or y
stitutional provision, and that any pFoes.
ings had under that proclamation are a@
lutely null and void to all intents ana "
poses. ,..-.a
Mr.. Harris-Does not the constitute
| unQQ