The Opelousas journal. [volume] (Opelousas, La.) 1868-1878, 1873-02-08
The Louisiana Investigation,

COmm1tC66 on PRIVILEGES anu ElecGlOnS
to-day resumed the Louisiana investi-
cation.
Mr.. Morton asked for a list of the
members of the Legislatures Of Louisi-
ana, at the time Of the recent senatorial
election.
Mr.. Ray, in answer to the question
| put to him during his examination, read
sections 81, Sc and 81 of the act Of the
Louisiana Legislature, known as the
ELECTION law of March IS, 1870" as
showing the power and duties of the
returning board.
There being no member of the De-
Ferret board present, Mr.. Morton d.
rected that they be summoned by tele-
| graph.
In reply to questions by MI. Morton,
| Gen. McMillen said he was a member
of the State Senate elected in 1870.
There was admitted into the Legisla-
ture by which he was elected to the
United States Senate two or three per-
sons not returned by the DeFeriet
board thinks these parties did not go
into the Kellogg Legislature. In the
case of the Senator from the district
which includes the parish Of Iberville
the Lynch board threw out the vote of
that parish on the ground that the re-
turns were irregular, and RENTED the
matter to the Legislature. The Sen
ate seated the sitting member, OF the
grounds OF equity, excluding the re-
turns. His recollection is, that the
House took a reverse course.
Mr.. McMilIen was directed to take a
list OF the Legislators returned by the
DeFeriet Board, and tell how many of
them went into the Kellogg Legisla-
ture.
The General mentioned thirty-two in
the Kellogg House and s~eventy-one in
the Fusion. There were absent from
this list two members from Iberia, two
from Iberville, and one each from St.
Martin, st. James and St. Tam
many; a majority of the whole number
constituted quorum. There are thirty
six members of the Senate, of which
nineteen constitute a quorum. OfthOse
returned by the DeFeriet Board, fifteen
were in the Fusion and four in the Kel-
lOgg Legislature. All holding-over
Senators went to the Kellogg Legisla-
ture on the day Of its organization, but
some OF them entered a protest against
what they considered an illegal manner
OF organization and withdrew. Four OF
them withdrew Immediately after Or
ganizatiOn, two who had not arrived at
that time subsequently withdrew after
that two of those who originally with
drew, and acted with the Kelloggites
during the remainder of the extra SEES
sion and thereafter, withdrew with
four others, and united with the Flu
sion Senate in the regular sessions
Three of the new Senators went into
the Kellogg Legislature at the time Oh
the first organization, but subsequently,
withdrew.
Th@~FusiOn Legislature was organ
lied the Goth December in the CITY
Council Chamber. A small number OF
the new members of the Fusion Legis-
latuTe have at some time acted with the
Kellogg body. The Fusion Senate had
a quorum of legally electedmembers or
the 18th. 1t was the general belief thai
neither House of Representatives has
ever had q quorum of legally elected
members. Could not say how many
the Fusion House lacked. The mum.
Der was made up from the returns OF
the DeFeriet board. Thinks the Flu.
sion House lacked six OF seven of
quorum of legally elected members
Does not believe that any defeated can.
didate was admitted to the Fusion Leg.
islature because his opponent went to the
Kellogg body, and they were the only
| PSl0Shc VIM PASSSLSCN bl1C1lSLlfCSs
To Mr.. Trumbull-The Legislature
that met on the 9th of December wa
called in extra session by Gov. War.
moth, then the admitted Governor
Those of the new members returned by
the DeFeriet board, who did not as,
semble on that day, had been enjoineC
from so doing by the United States
Court, and by the United States Mar
| shall, and troops under whom stood a.
the State-HOuse and forbid them to en-.
ter.
Gen. McMillen read the order of the
court directing the Marshal to prevent
the assembling of the persons restrained
from so meeting by the Injunction o.
said court. There were two cOmpanie!
of artillery IN guard at the State.
House. Those who assembled ON tht
9th were only such as were permitted tx
assemble by the United States Marsha
acting under the orders of the United
States Court. The members who as,
sembled in the Fusion Legislature had
a prima facie right to their seats.
His answer to Mr.. Morton meant tina,
not legally elected. At the time of as
sembling the Supreme Court had no.
decided which was the legal board
Witness believed at that time the De
Ferret board was the legal board, ant
therefore the Fusion members had a
the time they first assembled a prime
fGcie right to their seats. The De
Ferret board was never enioined. TIL
Lynch board made its returns in de
fiance of the injunction of Judge Dib
BILE ; thinks the Lynch board Injunction
never went to the Supreme Court ant
has never been annulled. After q Ion.
series of questions and answers con
corning the multitude of injunctions is
sued the various returning boards, tn
committee asked for a transcript O
all the proceedings before the courts il
relation to the election.
Nh. Trumbun then continued the ex
animation of Gen. McMillen, who testi
fed that the recent election in Lousi
ana was exceedingly quiet and orderly
The vote cast was 10000 larger thai
any previously cast. There were no
more than $500 white Republican voter
in New Orleans, and not more than 300
such in the State outside the city. Their
were probably about as many eolore,
men who voted against as whites VIII
voted for the Republican nominees.
Gen. McMillen read a Geographic ex
tract from an editorial published in th
81 New OESdAs Aopup1lGd4, on tl6 I9En @
!, November last, assuring the Presiden
that no people were ever more quie
and orderly than those of Louisiana a
the time of the recent election. an
that the difficulty that had since arise
was not in regard to the election, but t
the counting of the votes.
To Mr.. MortOn-Gen. Mcmillan di
not know personally of any colore
men who voted against the Renuhlica
nominees. The ten members of th
Fusion Legislature whom he though
were not legally elected were counte