New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-02-06
DEBATES IN THE HOUSE.


In the regular order of business peti-
ton was received from +. Schumacher
which was read, as follows:
To the Honorable Speaker and Members of the
House of Representatives:
The memorial of +. Schumacher, duly
elected member of the House of Representa-
tives from the Third District Of the parish
of Orleans, respectfully represents that he
was expelled from the floor Of the House
during time Of great political excitement
for alleged misconduct: that no opportunity
was afforded him to explain or defend the
course he had taken, which he believed was
susceptible of an entirely different construc-
ton than that placed upon it by your hon
orable body. He therefore prays that he
may be permitted TO appear either before
the House, or proper committee thereof,
there to be heard through himself and wit
nesses, that the House may be enlightened
as to the true state of facts in his case, and
take such further action in his premises as
NAV seem to your honorable body both
Just and equitable.
Respe crfully,
F. SCHUMACHER.
Mr.. Davidson, of Livingston, said, in
reference to this memorial: l think, Mr..
Speaker, that the memorial should be re-
ceived. and that it ought TO be referred to
a committee to hear him. The committee
can then report to the House the result of
the hearing, and the House can then take
action. l think it no more than matter OF
justice than that the gentleman should be
heard in his own defense. hope it will be
referred to the Committee on Privileges.
which has not yet been discharged.
Mr.. Carr. of De Soto-As matter OF
right and Justice, l think the petition
should be sent back to the gentleman. The
resolution expelling him has been adopted
and reconstructed and laid upon the table,
and you can not get behind that we Will
respectfully hear petition when 1t Is sent
in the name of citizen, but TINS pe1ltloh
does not come in that wise, but as mem
Der of this House. Now he is not mem
Der of this House. having been expelled by
a twO-third vote A quorum was present
at the time, and you can not get Dehlnd the
resolution when it has been voted upon by
a majority of the members, and twO-thirds
vote at that. Now he does not ask IN the
name of a citizen, but as member OF this
House. l ask the Clerk to read the
The Clerk read the petition.
Mr.. Carr-Now Mr.. Speaker, / know that
he did sign that affidavit. know that he
did make oath by which the executive OF
the State and a number OF the members OF
this House were arrested. Now, what can
he prove by being heard We know of all
these things, and what is the use Of wasting
the time Of the House. l will never consent
to admit this man, who has so deeply IN
suited the Representatives of this State,
and therefore l move that the petition be
sent back to him.
Mr.. Ellis. of Union, said: Mr.. Speaker,
have few words to say on the amend
ment offered by the gentleman from De
Soto As l understand the amendment, 1t
is to return the memorial presented by Mr..
Schumacher without taking any action upon
it. The gentleman from De Soto says we
can not entertain this memorial, and as
signs as his reason that Mr.. Schumacher is
not a member of this House. l tell the
gentleman he is mistaken. Mr. Schumacher
is a member He has never been legally
expelled.
The constitution emphatcally says that
no member shall be expelled except by
two-thirds vote of the House. Now, sir.
what does a vote of twO-thirds OF the House
mean! Does it mean twOthlrds OF hare
majority, or does it mean two-thirds OF the
whole House, contend it means two
thirds of all the members elected. 1t yon
tell me that this article of the constitution
which requires two-thirds vote of the
House to expel a member does not mean
rwo-thirds of all the members. but refers
merely to those present, tell you that when
the constitution says that majority shall
constitute q quorum. it does not mean a ma
iority of the whole House: it has no refer
the article requiring a two-thirds vote, II
refers merely to those present; and II there
are only ten members present, SIX will make
majority, and can legislate. l do
not see how any sensible man can
contend that this article refers mere
Iy to those present. But. sir, Tor the
sake of argument, admit that 1t does
mean two thirds of bare majority, that
two-thirds of a quorum can expel men,
ber-even admit this to be true-l yet con-
tend that Mr.. Schumacher is a member Of
this House: that in accordance with the de-
yision of the Chair he has never been le-
gally expelled. The Chair has decided.
and the House sustained the decision, that
it takes fifty-four members to constitute
quorum. Now. sir the friends OF this
amendment will certainly not dare to con-
tend that less than a quorum can give le-
gality to any measure; and yet, sir. ac-
cording to their own decision, less than
seauorum voted on the resolution expelling
Mr. Schumacher. In proof of what | say
desire the Clerk to read from the journal
the vote upon the resolution.
The Clerk reads A. yeas. nays b.
Now, sir, forty-seyen and six make nifty
three which is less than a quorum. No
quorum has ever voted upon this resolu-
ton. / see but one chance Tor Mr..
Carr and his friends and that is
to go back upon all they have said
deny that it takes tifty-tOur to make
quorum, and contend that tifty-three is
Quorum, because tifty-three is majority of
the members living: and sir, they dare not
take this position. for by so doing they will
get into trouble, for | will then tell them
that we had a quorum on the fourth of
January. and all we did on that day was
legal: that we unseated seven members
whose seats were contested, and those menu
beers whom we unseated had no longer any
of f1,ayr Inn fed
and allowed to vote ON this resolution, and
instead of having fifty three legal members
present who voted upon the adoption of the
resolution eXpelling Mr.. Schumacher, they
IIad only fOrty-siX. Sir they can not say
that less than fifty -four constitute quorum
without admitting that all they have done
is illegal, and they must admit that less
than a quorum voted upon the resolution
expelling Mr.. Schumacher and others.
Mr.. Kinsella-i am opposed to any refer
ence Of the petition of my colleague, DIR.
Schumacher: but l consider that it is due
nv constituency to receive his petition aud
inImediately admit him to his seat. What
ever might have been the motives OF MI.
Schumacher and those acting with him In
making the affidavit they did, 1t is suffclent
for us to know that he now recants and
throws himself upon the mercy OF the
House. Every principle OF equity, IN my
Judgment, requires this House, IN we" oi
all the circumstances. to readmlt this mem
Der. The fight that produced the amateur
revolution is now over. and the causes OF
che same should be buried with the rast
The dignity of the House has been salts
fed: hence my constituency is re-entltled 10
its Representation on this floor. | am an
unfinching Republican, aud my col
league is a Democrat; but the tenets
of my party do not require in
L. +t,T- no,