New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-01-27
DEBATES IN THE SENATE.
MONDAY, January %. 1872.
TIM oYTIrATInE

THE SITUATION.
Mr.. Blackman in Offering the following
resolutions:
Resolred, That in the interests of peace
and order, and to settle any difficulty that
NAV exist as to legality OF the House OF
REPRESENTATIVES, we respectfully request
both houses, in order to settle their differ
ences, that they assemble in the hall OF the
House of Representatives, with all the
members that were entitled to seats on the
fourth day of the session, and, after calling
the roll, proceed to an organization. That
all forces in and around the State House be
removed, and all sergeants- alarms be dis
banded except the regular Sergeantat-Arms
and his assistants.
Said he thought the passage OF such a
resolution was eminently proper and neces-
sary at this time in view OF tine present ex-
cited state of the public mind. He intro
duced it in the interest of peace and order,
and hoped the Senate would suspend the
rules to pass it Immediately.
Mr.. Harris objected to the resolution. He
thought the Senate had nothing to do with
the organization of the House of Represen-
tatives
Mr.. Hunsaker moved the reference OF the
resolution to the Judiciary Committee when
appointed. The rules were not suspended.
Mr.. jerks called up the following resolu-
ton, introduced by Mr.. Hunsaker, on the
twentieth instant, and moved its adoption:
ResOlred, That committee of three be
appointed to inform the Governor and the
House that the Senate is organized and
ready to proceed to business.
Mr.. Blackman-I would like to inquire
what House of Representatives this com
mittee, when appointed, is going to recog-
nize. We have at the present time a very
anomalous condition of affairs in the State
OF Louisiana. l Dc not intend, on this Oc-
casiou, to indulge in any elimination or re-
elimination in reference to the occurrences
of the last three weeks, but l propose,
as a Senator, sworn to support the
constitution of the State, and DESTROYS of
legislatng in the interest of the people Of
Louisiana, to inquire into the question as to
which is the legal House of Representatives,
in order that the measures of reform we may
pass may be recognized as legal and valid
by the courts of the State. 1t becomes nee
essary, in the discussion of this question.
to 60 back and give detailed history Of
the action of the House of Representatives
for the last two weeks, and will attempt
to do SO dispassionately and fairly, and
with as little feeling as it is possible for me
to entertain under the circumstances. The
House of Representatives met on Monday.
the first day of the session, and was called
to order by It's regular Speaker. On the
second day it proceeded to the transaction
of its regular business, and continued to do
so up to the fourth day, all the time recog-
nizing Mr.. George w. Carter as the legal
Speaker. That body was recognized by the
Governor and the other legally constituted
authorities of the State as the legal House
of Representatives. l will state, in
o.; fhof If has hopp
intimated that conspiracy had been set
on foot for the purpose of depriving certain
members of the House of Representatives
of their seats, and destroying that body, in
order that an organization might be effect
ed which would be unfavorable to the Gov
ernor and his party. So far as that is con-
cerned, know nothing of it, nor do care
to notice it in the discussion OF this ques-
ton. Admitting that there were judicial
prOce edings had against certain members,
is not every man in the country bound to
submit to those judicial proceedings unless
he puts himself up in defiance OF law and
order! If the United States authorities saw
tit to issue writs of arrest. based on certain
written affidavits, we, as members OF the
Legislature, and the Governor, as the chief
executive of the State, had no right nor au-
thority to disobey those writs. The legisla-
tive, the executive and the judicial depart
ments of the State government are
three separate and distinct branches,
all independent of each other, all ac-
cepting, or protesting to accept,
the constitution and the laws enacted there
under as their guide; and yet the Governor
of the State, in violation of the plain. pal
pable letter Of the constitution, III violation
of all the laws enacted by the General AS
sembly in accordance with that instrument,
called an extra session Of the Legislature
when that body was already in regular
session. Granted that there was no quorum
in the Senate, still you assembled here and
adjourned from day to day. The House OF
Representatives, as legally organized body,
was in session, and had adjourned on the
same day to meet on the next day at twelve
o clock That the Legislature was legally
and properly in session there Is not the
slightest doubt, and the Governor, in call
ing an extra session; without giving the no.
tice required by law, and in violation of the
plain mandate of the constitution, commit
ted an act of usurpation and revolution.
That act being in its very inception IN VIOLA
ton of law, as a natural consequence every
thing growing out of it partakes OF Its llle-
gallity and nnllity. Hence all the laws en-
acted by the House of Representatives under
that extraordinary proclamation are illegal
and unconstitutional, and must be declared
null and void This is a proposition which no
rational man would attempt to question.
If the Governor had a right to call. these
gentlemen together. and recognize them as
the House of Representatives. when the
General Assembly was in session, he had
Just as much right to call in the rabble from
the streets. and style them the House Of
Representatives. | claim that the execu-
tive had no right to subvert one branch of
the legislative department of the State
government, and erect upon its ruins mill
tary dictation sustained by his mercenaries.
/ hold that there are certain rights vested
in the legislative department OF the govern
ment by the constitution which the execu-
tive nor the judicial department of the
State can interfere with. We are separate
and distinct from each other. and neither
has right to infringe upon the preroga-
tives of the others. 1t is not left to the
executive of the State to decide which is
has no legal right to decide that when the
Legislature is in regular session there has
arrived in the state of affairs necessity
for calling an extra session OF that body, for
the purpose of ousting the legal House OF
REPRESENTATIVES. and organizing one OF his
own. Now. Mr.. President, if the
action of the executive, i'll the first
place, in calling the extra session,
under this extraordinary proclamation,
was illegal las it is admitted to be by every
man who pretends to be jurist) any action
taken by that House of Representatives
must also be illegal, and we, as an organ
lied body, cannot recognize that body as it
stands today. 1t was for the purpose OF
having these differences adjusted that in
PRODUCED that resolution this morning 1t
was in the interest of the good people OF the
State and in behalf of peace and order that
desired both factions of the House OF KEEP
resentatyes TO meet together without In
timidation on either side, assume the same
position which they occupied on the fourth
dav of the session. and organize legal body
which would be recognized as such by the
Senate and the courts of the State. There
seems to be disposition on the par: of a