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


why that courtesy should not be extended
to the gentleman. This committee can find
out whether or not he did sign that affidavit,
by which certain members were arrested.
do not think it right to return his petition
without hearing, or without the action of
the House. Whether or not he did sign the
petition as citizen or a member, we know
who he is, and do not think it right that
we should raise technical points in reference
to it. Now, if that committee is requested
to investigate the matter, it can find out
whether he signed it maliciously. with afore-
thought. Now, if lie did not think lie has
a right to his seat upon this floor.
Mr.. Carl will ask the gentleman one
question. How are you going to get behind
the resolution when it has been adopted,
reconsidered and laid upon the table :
Now, how is the committee going to change
that
Mr.. Garstkamp-The Speaker has decided
that fifty four members constitute quorum
Now, on that occasion there were tifty-three
members present; including the Speaker it
made tifty-four. Now, fifty-three members
only voted for expulsion; if the Speaker
had voted that would have made fifty-fOur.
That makes it only requisite to have one to
make the affair legal Now, am not partial
ON that point, but simply say this, let it be
referred. to the Committee on Privileges;
let Mr.. Schumacher make his defense. Ii he
can show that he did not sign that paper
with malice and aforethought. why, he
should be entitled to his seat; but If he did,
why, sir, l will never vote for his admit
lance as member on this floor.
Mr.. Carl would call the attention OF
the gentleman from Jefferson to this fact:
The journal shows there were hfty-four
members present
MIR. Garstkamp-I do not deny that, but
say this: that it is no more than right and
just that this petition should be received
and referred to an appropriate committee.
| voted for his expulsion, but if he can prove
to my satisfaction that he did not sign those
affidavits with malice and afOrethought. l
will change my vote for his admittance. 1t
is your duty to receive the petition. He
was elected to represent his people upon
this floor, and to-day his parish is without
a representative. Now, he claims that he
did not do it. Now, why can't the CON-
mittee investigate that fact. and If it is true,
why. he should not be entitled to his seat;
but if he did not, in the name OF God let
HIM come it,
Mr.. Harper. of St. Charles-I do not be-
lieve in receiving this memorial now. The
gentleman has had an opportunity to ap-
pear before a committee and have his case
investigated, but lie never appeared. am
tired of this thing, Mr.. Speaker. 1t seems
to me that to bring this matter before the
House now is wasting the time, and is fool
ish. school-boy play. We should be doing
some other work; for, according to the con.
stitution, he has been legally expelled, and
to bring up his case again would be simply
wasting time. If we are to have this mat
ter up again, let us have the full benefit OF
the scenes. Let us admit Mr. Carter and
the whole crowd of expelled members. Let
us have all.the scenes Of revolution and riot
over again. Let the members who were
dragged from this House be again taken
out. Let the executive and his assistants
be arrested again. Why shall we not have
these scenes all over again, if we are to dis
cuss and waste the time of the House as
some members propose doing! Il 90 not
propose myself to take part in this wasteful
and Insignificant discussion. l propose to
spend my time differently.
In looking over the journals of the House
find that a committee was appointed to
investigate this matter, and this gentleman
was called upon individually to make his
defense, but he refused to come. and now
| do not think that he is entitled to seat
upon this floor. The constitutional quorum
has expelled him, and now hope the mem-
bers will not waste the time of the House
in discussing this matter. think that JUS
tice has been done the gentleman. as any
one can see by reference to the journal Of
the House.
Mr.. Worrall-I desire to say a few words
in reference to this question. received
letter from the gentleman at the time that
the committee was appointed to investigate
his case, and he informed me that he was
afraid to cOme-that he was afraid of his
life. That was the reason why he did not
come.
Mr.. Davidson-The gentleman knew full
well that no harm would come to him. He
had no fear of coming here. Now, Mr..
Speaker. hope the members will not take
up the time of the House, bat refer it to the
Committee on Privileges.
Mr.. Harry Lott, of Rapides-1n answer
to the remark of Mr.. Carr, that he should
petition as a citizen. He was regular
elected member to this House, and he had
a right to petition this House if he choose.
According to Mr. Carr, he denies the ght
to members to petition. He considers it a
criminal offense He only asks to be heard.
He was to show that he did not sign that
Objectionable affidavit. Now, no reasonable
man can object to that. Let him come be-
tore the committee. 1 think he is entitled
to a seat on this floor, and should have it.
Mr. Thompson, of St. Tammany-l think,
Mr.. Speaker, that the memorial should be
received Mr. Carr denies him the right to
petition to this House. l would call the at
tention of the honorable gentleman frem
De Soto to one fact. During the last SEES
sion, when there was similar factiOnal
fight, the Committee on Elections and quail
itications was authorized to inquire into
the right of Mr.. Carr to seat in this House.
and when the House voted upon the sub
iect M Schumacher voted in the atfirma-
tive to sustain Mr.. Carr as member OF the
House, and now this gentleman simply asks
to be heard; he does not claim his seat, but
asks to be heard in his own defense, so that
he may prove his innocence. Now, why
does he refuse to receive the memorial
He raises the technical points simply be-
cause he asks as a member, not as citizen
Now, Mr.. Speaker, l think it will do this
House no harm to hear him. If they have
done him an injustice let them hear him.
Let him come before the Committee on
Elections and Qualifications, and, it he has
done no wrong, let him be replaced IN his
seat. Anyhow, it will do no harm to hear
him in his own defense.
Mr.. Moncure, of CaddO-1 desire to say
few words to this House on this subject,
and l ask the calm, judiclOus consideration
of every member upon this floor: ms Is
not question between Mr.. SchuMacher
and this House, but graver one Is lnvOlv-
ed. The question is of especial interest to
the parties in his district which he repre-
sents upon this floor. His people petition
this House. In former times it was re-
garded as fundamental principle that rep
resentatiOn and taxation should go together.
That no people should be taxed unless they
were represented in the Capitol of the
State. Now, the people of the third dis
trict are not represented upon this floor,
and yet they will be compelled to pay their
portion of the tax which will be assessed
by this Legislature. Now, l think it will
be an insult to cast our vote upon this petit
ton, without hearing, to the people of
that district, and the members who refuse
to grant Mr.. Schumacher the privilege of
vindicating himself not only insult Mr.