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

| his choice, and that his vote may DC
counted just as he casts it. l am IN favor
| of protecting both the white and black peo-
| nile of the State, in the exercise of their Pc
| fitical rights, from intimidation, violence
and fraud. such as disgraced this State in
1868. If any person has been foisted into
| a seat upOn this floor or upon the floor OF
the Honse of Representatives, who is not
the chosen representative OF the people,
INV voice shall always be raised in favor OF
his election and the seating In his place OF
the man who received majority OF the
votes cast in the district he represents. l
have never asked anything, Mr.. President,
| as a pOlitician and as a man, but an open
field and a fair fight. The Senator from
Claiborne (Mr. Blackman) will do me the
iustice to saw that he has never known me
to desire or demand the placing OF extraor-
binary powers in the hands OF the Governor
and others for pOlicical purposes, l as
claim any such intention now, and am
| with him heart and soul IN the enactment oi
such laws as will secure to the people the
| results which they ask. l want to live as
freeman and to have the right to discuss,
within proper bounds all questions when
appertain to the welfare of the people. l
want to enjoy the tight of depositing my
vote for the men of my choice, and to nave
every other citizen to have the same rights
| that I claim for myselt-nOthing more,
nothing less. That is what conceive to be
true republicanism: the political and civil
rights Of men recognized and guaranteed
| by the laws of the land, and those laws
faithfully and impartially executed by the
officers whose duty it is to see that they are
executed. l believe in placing ourselves
upon common plane SO far as our political
and legal rights are concerned, SO that any
difference which may exist between us may
| be indicated above and not below that plane
| | ask. repeat, nothing but an open field
and free fight politically, and equal and
Just laws, which will bear alike upon all
| citizens of the State. AS this is probably,
the last time that shall occupy the time OF
the Senate, in speaking upon this question,
l desire, before closing, again to declare it
as my opinion, that the House OF Represen-
tatives sitting in the hall above us Is the
| legal House Of Representatives OF the State,
and that it is not the OutgrOwth OF military
| usurpatiOn. 1t may be to some extent at
| fected by revolution, but as to who are the
reyolutiOnists, and who inaugurated the
| revolution, there may be some difference
of opinion between the gentleman from
| Claiborne (Mr Blackman) and myself. 1t
| is the legal House of Representatives, 1T ls
| composed of a majority OF the chosen Rep
resentatives of the people, and it is the only
| House which the Senate, the Governor and
| the other executive officers OF the State
| have any power or right to recognize. do
| not believe, as the gentleman from Clai-
borne (Mr. Blackman) says, that the courts
| of the State will interfere with the General
| Assembly in decidin. for itself this ques-
| ton believe also, that if the laws which
are passed by the Senate and by the House
| of Representatives presided over by Mr..
| Brewster, and signed by the Governor, are
wise and just and proper laws, there will
| not be found in the broad State of LOuisi-
10 fost nfnsf in
| constitutiOnality in the courts.
Mr. Ray-The real question at issue is not
| very fully presented in the resolution under
| consideration, but l suppose such amend
ments will be offered as will bring it prop
| erly before the Senate. l do not suppose
| that anything l could say upon this ques-
| ton would influence the vote of a single
| Senator, but as it is matter which l re-
| gard of the greatest impOI lance. and sub
ject to investigation hereafter, l deem 1t
| proper to express my views upon 1t before
| the vote is taken. 1t is important for two
reasons. In the first place, it may come be-
| fore the courts hereafter; and, in the next
| place. it may be the subject of review by
the United States authorities. The ques-
| ton, then, as to what should be done in the
recognition OF the House of Representa-
| tives is of more than ordinary Importance.
and should be fully and thoroughly consid-
cred before it is finally acted upon. To the
end that an unprejudiced conclusion may
be arrived at, shall endeavor to discuss
| the different points without feeling or preju-
dice, looking at them only in their legal
and constitutional bearing. l may be per-
mitted to remark. before / enter into the
legal discussion. that unless this question is
| settled by the House of Representatives it
self by some compromise between the con-
tending factions, it may materially affect
| the credit of the State, as II Will leave the
| question open for future investigation by
| either the courts or the federal authorities.
| Hence. was anxious that the resolution
| introduced by Senator Blackman should
pass, as it recommended both factions to
| disregard the occurrences which have taken
| place since the fourth day of January, up
to which time there can DO no doubt
the House of Representatives, and
to meet together and adjust Il cir
differences amicably. Ii this had been done
this vexed question would now be settled,
| and there would be no necessity for an in
vestigation by the federal authorities. This
identical question has already been dis
cussed in the House of Representatives of
| the United States, and a committee has been
appointed to investigate it, which will be on
| its way here in a very few days. As a mat
ter OF course, the House of Representatives
| of the United States would not have agreed
| 10 stuu tLdt comullltee mere unless III Ldu
| thought it had Jurisdiction in the premises.
That body, therefore. assumes the right to
| send that committee here for the purpose of
ascertaining which is the legal House of
| Representatives and which is not. Now,
there is not doubt in my mind nor, be-
Ieve, in the mind of any one at Washington
either in the executive or legislative depart
ments, that the federal government has a
perfect and legal right to hold this investi-
rDf ion NM 10y 10 <1,o
| tuition of the United States which prescribes
that the United States shall guarantee to
the States republican form of government.
| The case under advisement here in Louisi-
ana is of such a nature that they consider it
their duty to investigate it. / have not the
slightest idea what decision that committee
will arrive at after it shall have thoroughly
investigated and sifted the facts of the case
They may decide the Carter house to be the
legal House they may decide the Brewster
House to be the legal House they may de-
eide neither to be the legal House of Repre-
sentatives, and require reorganization.
repeat that in consideration of all these con-
| tlngeneles 1t is time for the two factions to
come together, wipe out what has been done
by both sides since the fourth day of January
and proceed to organize themselves upon a
sound and legal basis. We are asked by
this resolution to recognize as the legal
House of Representatives the body over
which Mr. Brewster presides. The Ques-
ton then arises as to the legal status of
that House. After carefully investigating
the matter | have arrived at the conclusion
| that neither the courts nor the federal au-
| thorities will recognize the House of Mr..
Brewster as the true House of Representa-
tives of the State of Louisiana. l will now
proceed in my feeble way to state my views
as to the legality and cOnstitutionality of
| fba. 1r,JY afi Of