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

Mr.. Ray-As l stated before, have no
rorsonaI knowledge of the facts, but that
Vas the impression l received from the
statements which have been made to me-
The main fact have stated is not ques-
tioned-that Mr.. Brewster assumed the
chair at the regular session At u"o Inv 9
o'clock, called the House to order, anu has
from that day to this continued to act as
Sneaker of the House of Representatives,.
The regular and legal Speaker mas not
been nresent because he has been excluded
from the building by the police, as under
stand. Is there any man, no hatCer no"
preiudiced his mind may be, who Will con-
tend for moment that sueh revolutionary
acts as these have any binding force or
eject ! repeat that believe when this
natter ia fairly Investigated by the courts
and the federal authorities they will de-
oiara that Mr.. Carter has not been legally
r.amored and is. therefore. still entitled to
his seat. Now, Mr. President, the question
was raised and discussed by the Senator
from Carroll (Mr. McMillenl that there was
q LEGAL quorum present when Mr.. Carter
and Others we're expelled from the House
Of Representatives. Upon the question of
fine rights OF a quorum l may differ, per-
Lans. from some of the Senators with whom
have been acting, as well as from Senator
NcMillen. understand that on the fourth
day of the session certain members of the
House of Representatives were arrested by
tine United States marshal, and that during
their absence six or seven of their number
we're unseated. Those, if l am not mis-
taken. were contested election cases which
had not been decided during the previous
session.
Mr.. Hsrris-I will inform the gentleman
that to my knowledge, one of the members
expelled had never had his seat contested.
Mr.. Raw have been told that their
tn1 hot
testants were seated in their stead
Mr.. McMillen-I will state that two of
the members had been confirmed in their
seats.
Mr.. Hunsaker-There are los members
elected to the House of Representatives.
How many are required to make a quorum
Mr.. RAY will come to that point
directly, 1t appears, from the statement OF
Senator McMillen, that two of these repre-
sentatives had been confirmed in their seats,
and therefore, the question of their eligi-
biity should not have been revived this
session l understand that these seven
members thus unseated were in the House
which elected Speaker Brewster. Icontend
that those seven votes should not have been
counted, for the reason that the action of
the House in unseating them was binding
until it was reconsidered and reversed.
Mr.. McMillen-Come to the main ques-
tion-the fact that quorum was not
present when those seven members were
unseated.
Mr.. Ray-I will come to that directly. /
say that it took those seven excluded mem
bers to constitute the quorum which elected
Mr.. Brewster Speaker, and l hold it was
not legal quorum, because the former &C.
ton of the House was binding until it was
set aside. That, as legal question, is in
controvertible. A court may render judg-
hA
legal and binding until reversed by the ac-
ton of the same court or the appellate
court. look upon the action of the House
of Representatives in the same light. In
my humble judgment, a quorum consists of
majority of the members elected, and not
one less So it is with this body. Whenever
the Senate undertakes to act upon any legis-
lation when there are not nineteen mem
beers present. it acts in violation of the con-
stitution. 1t has been argued that the
House continued Mr.. Brewster in his posi-
ton, but hold that there has never been a
legal House of Representatives since MIR.
Carter acted as Speaker, on the fourth day.
The members excluded had no right to
seats upon the floor until the House had re-
viewed and reversed its previous action,
and am borne out in that opinion by all
the precedents have been able to find.
Now come to another point l hold that
the expulsion of torty-ive members on
last Friday or Saturday was illegal, because
the constitution expressly provides that a
member GAN not be expelled unless by two
thirds ajority. You may look at all the
legislative presidents and you will find it
decided that where two-thirds are men
toned it means twO-thirds of all the MEN,
bers elected-not twO-thirds of quorum.
The Senate of the United States so decided
many years ago upon an article of the con-
stitution which is identically the same as
that of our constitution. You will also
find that this article is fully explained
by other articles. For instance, the ar
ticle in reference to impeachment provides
that two-thirds of the members presen..
may convict. Why is the word present
used. For no other purpose than to
demonstrate the distinction between two
thirds of a quorum and twO-thirds of all
the members elect, and to fully explain the
meaning of two-thirds of the House OF
Representatives. Certainly, after carefully
reading this article, no logical mind could
arrive at different conclusion. l present
these remarks, Mr.. President, with no per
sonal feeling whatever, but because l am
anxious that our legislation should be OF
such character as to inspire confidence IN
our public credit. l am satisfied that If we
iegisate in connection with the House pre-
sided over by Mr.. Brewster, the courts OF
the State and the United States authors
ties will declare our action null and void
What is to prevent the amicable settle
ment of this difficulty! Nothing utpersonal
feeling. What will be lost by the members
of the House of Representatives coming to-
gether, recalling everything that has been
done since the fourth day of the session,
and organizing upon a sound and legal
foundation! If it be the will of the House
that Mr.. Carter should not be Speaker, he
has no more right to the position than any
other man. but he must be legally removed
If you recognize the Brewster House, you
will find that any action we may take Will
be declared illegal by the courts and the
federal authorities. l appeal to the Senate
in view of these probable results. to advise
the House to come together and adjust Their
difficulties, so that the legality of our action
will not be hereafter questioned. The Sen
ator from Carroll Mr.. McMillen), in his ar
gument, made personal aIlusiOn to the
Senators who absented themselves for some
time, which | thought unkind and unneces
sary. Every Senator acts upon his own IN
dividual responsibility, and is accountable
for his actions to his constituents-nOt tt
the Senator from Carroll. We claim thai
we acted conscientionsly in what we did
and in accordance with what we conceived
to be our duty to our constituents
We may have acted enormously
but it is not proper nor competen
for the Senator to question our patriotism
and devotion to the interests OF our con
stituents. l have no fear in going befor
the people on this question, as l can max
it clear to them that their interests hav
been p-Cmoted by our action. The yer,
argument which has been made by tn
Senator from Carroll Mr.. McMillen) salts
fed me that many have been brough
sguarely up to the question of reform VIII
would never have reached it otherwise