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

in two distinct and fully organized Re-
publican organizations, one represent
ing the State, the other the Federal adj
m~inistratiOn. The two organizations
fought each other more determinedly
than the Republican and Democratic par
ties had ever done. These two organi-
cations were in full existence during
the canvass and election OF 1872. In
the Convention which nominated kel-
IOgg for Governor there was a deter
mined contest; Mr.. Billings came with
in one vote of being nominated, and
some of his friends carried their OppOsi-
ton to Kellogg so far as to support the
| Greeley candidates during the cam
paign and at the polls. The opponents
of Kellogg called an indignation meet
ing at the adjournment OF the ConVen-
ton, and resolutions were adopted de-
claring that Kellogg was nominated by
fraud, that the Convention had been
packed by the CustOm-HOuSe ring, and
demanding the removal of certain Fed
eral otfice-holders at New Orleans. An
other wing Of the party assembled at
New Orleans, and nominated Pinch
back as Governor. Believes that the
falling off of 1000 votes in the Republic
can party in 1872 is in part accounted
| for by these dissenSiOns. Never knew
that Kellogg was q popular man among
the Republicans of the State.
To Nh. Ray-Thinks the organization
of the Legislature on the 9th OF Decem-
Der was not in accordance with law;
the organization differed from the pro
visions of law, i'll that the Senators
termining who shall be sworn in as
members, that an objection from n
of these Senators should prevent the
swearing in of any member elect until
a quorum shall have been admitted and
shall have passed on the question. The
organization was not II accordance with
the act of 1870, in that the members
were not sworn by the President of the
Senate-they were sworn by Pinchback.
The law Of 1870 was at variance with
| the State constitution in the partlcu-
lars above mentioned, and in other res
poets. Knows of the exclusion OF mem
beers of the Legislature from Mechanics
Institute by United States marshals,
who were so excluded. There was not
a quorum of old Senators present on
the 9th. The Senate in the absence OF
q quorum adjourned to compel atten-
dance of ~abSentees.
To Mr.. MortOn-The practice in
Louisiana has been that Il holding over
member of either house may object to
the admission of any new members,
vhereupOn he must stand aside until
his case is decided by a quorum. To
Mr.. Ray-The witness left the Kellogg
Senate on the third day of the extra
session, has been told by Todd and
Hunsaker, who left at the same time,
but they went back at the regular ses-
a week or two.
MI. Lynch recalled and examined by
MI. acknowledgement the addenda
to the Presidents message as a fair alb
stract Of the evidence before his board.
Mr.. Morton asked that the document be
entered as evidence. To show upon
what evidence the board proceeded, Mr..
Lynch submitted certain evidence in
regard to BOssier parish, omitted from
the above mentioned abstract. Mr.. Nor
ton called for a list OF the Legislators
returned by the Lynch board, which
Mr.. Lynch produced.
Gen. Mcmillan recalled, undermined
by Mr.. Carpenter.
Neither of the legislatures had any
returns from the parishes, the only evil
dence of membership was the list Of
members sent by the Secretary of State.
P. 3. S. Pinchback, sworn and ex-
amined by Mr.. Morton, in connection
with Mr.. Lynch, to ascertain how many
of the members of the legislators re-
turned by the Lynch Board were re-
turned, also, by the DeFeriet Board.
A list of members was called and it
was shown that So members of the
House were returned by both boards,
of which 81 did, and 20 did not appear
in the Kellogg Legislature on the day
Of its organization, On the second day,
four more appeared; the whole number
who appeared in the House on the first
day was IS, On the second, IS. Eight
Senators were returned by both boards,
all of whom were present at the Organi-
cation. Fourteen Of the holding over
Senators were present. Mr.. Lynch be-
lieved that according to the best evil
dence before his board the persons res
turned by them were elected.
Pinchback testified in answer to a
question by Mr.. Morton, that Messrs.
EMcMillen, Todd, Campbell and Hunsa-
ker, who were old Senators, were ex-
PEELED from the Senate on the ground
that they were participating in another
body. They We're expelled during the
extra session. Does not know whether
any others were expelled after that
time and before witness was elected to
the United States Senate. Hunsaker and
Todd were reinstated during the extra
session. Mr.. Pinchback then corrected
his statement, and said the vote upon
the expulsion of these two had not been
passed when they returned. Three 9TH
ers, including Hunsaker and Todd,
went off again, and were expelled after
witness was elected Senator.
To Gen. McMillen-Was elected
President of the Senate December 6,
1871. After his election as President
he ACTED as q member OF the Senate.
Did so because Gen. McMillen and
others then acting with him said his
vote was absolutely necessary, while
they did not consider it exactly consti-
t%utional. "'
Mr. Morton read sec. IS of the act of
1870, which provides that in the case of
a vacancy in the Office of Lieutenant
! Governor the Senate shall elect Presi-
dent who shall be Lieutenant Cover
!, as Senator expired November 4th. He
exercised the functions of President oil
, the Senate after that time, but took nc
other part in legislation, .us.
: To Gov, WaFmOth-A person who
} acted as Judge Of the Eighth District
{ Court, enjoined witness from acting as
+ Governor, on the ground that his term
t of service as Senator had expired; but
t ElmOTe had not then been returned al
Judge by the Lynch board, and he die
not recognize him as a judge. Dom
know whether Elmore subsequently
issued a Judgment in accordance with
the above; because he did not pay any
| attention to him.
Mr.. Carpenter asked Gen. McMiller
whether he advised Pinchback to vote
t and the General replied that he ad,
| vised Pinchback that he was, not Lieu
10000 T Ir,L - - IT, r s.,,