New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-03-14

0alO CnAG tu0 yeas 0uQ nays COuAU NV "
called pending the proceeding. because tn
House was not organized, and he retorre
to what took place in the House of Repre-
sentatives of the United States in 1889. IN
journal of the House in 1889 shows expressl
that no refusal Of the yeas and nays eve
took place save in one condition of facts
The presiding officer. before the roll wa
made there being then no such statute q
there is now and as there is in Louisiana,
there being no roll completed, said
without roll, we can not call the roll
without a list for yeas and nays, we can no
call the yeas and nays" And when on thu
eleventh of January the roll had becom,
substantially completed, the first demand
the yeas and nays were ordered, says the
Journal give it's language-''by genera
consent" And yet because there was nj
statute requiring roll to be made, because
there was no roll in existence, because the
condition precedent, the very case which
we have here in hand. was absent there, the
Senator from Ohio cites that as precedent
to justify what was done in New Orleans
when the reason, the only reason given in
1889, shows cOnclusively the wantOnness
and usurpation of the Louisiana proceeding.
The Senator from Ohio remained us of a
legal maxim, tgnOruHtia non ercus0t legc0,.
know the law does not excuse ignorance
1t seems hard rule, ard Yet it seems as
hard for lawyers as for others. When lis
tening to the law as laid down to us some
times of late, l have been moved to doubt
whether soldiers are likely to get wrong
more than lawyers bred, in judging of legal
right and wrong. Party prejudice seems
more binding sometimes than ignorance
much learning seems yet to make men mad.
My honorable friend from Ohio stated that
the yeas and nays could not be called be-
cause the body was not "house;" no Or
ganization having been effected; and vet he
argues that at that moment of time this in
cohate body was ''huuse' enough to pass
upon the rights of members to sit, to over
rula the statute, to import five men not on
the roll and seat them l think that body
which is house" enough to pass upon claims
to seats must be ''hOuse" enough to call the
yeas and nays.
Mr.. President, under color of this illegal
temporary organization, five or eight men
were declared members who had and could
have no more right to sit and vote at that
time than they had to mingle in the govern
menT OF a foreign State. Many of the mem
bers attempted to withdraw and escape;
they We're seized and made prison
era by badged jailers. and knives
and pistols were brandished to compel
them to submit With the votes of those.
thus illegally and violently imported, and
without the votes OF the legal majority, Mr..
Wilt was next declared permanent
Speaker. and in like manner the whole Or
ganizatiOn was declared permanent.
pause here moment to count up results
20 far The whole OF this sO-called organi-
zation styled Temporary" no matter how
stood the vote, was void and in defiance Of
aw; but waive that for moment; suppose
t had been lawful to elect a temporary
Speaker; suppose it had been lawful to re-
use and shout down the call for the yeas
md nays; suppose it had been lawful to
gnore the old clerk and his function and to
match it from him; suppose all this, and
low can it be that Wilt was electedl Who
7oted for and carried his election! Did the
authorized members, aud they only, vote!
7 90, we know the majority was against
Niltz. Did he receive a majority? 1t SO.
We know that persons voted who the law
aid should not vote, and whose votes were
worse than void. In any aspect the con-
rivance by which Wilt seized the. chair
vas just as void. just as much color and
ham, as if he had assumed.i it bv a wave Of
lis hand. Here is one thing tixed-fifty
men could not outvote ffty-two. To prove
hat they could, l think, would dizzy the
rlthmetic even of the Senator from Ohio.
iy honorable friend from Vermont (Mr.
Democrats, and that Democrats are prolific
Il voting. [Laughter.l
The Senator from Delaware (Mr. Bayard)
hus contesses and avoids this point:
The Kellogg party may have been de |
eived as to their numbers, and outwitted |
y the detection in their own ranks, or by !
he superior parliamentary skill and knowi- !
dge OF their opponents; the organization |
lay have been perfectly regular, or it may |
ave been IN some degree irregular and |
pen to criticism; but it is certain that it |
7as quiet, that it was peaceful. and unac-
ompanl by any threat or act of violence |
n the part of any Conservative member.
When l say that mean that it was unac-
ompanied by any show of that domestic
lolence' which is spoken of in the constitu-
on, which gives the President OF the
nited States the right to interfere. and
lore was no pretext for the existence of
1ything capable of being termed violence
! the part OF the l0l members of the Leg
latnre 80 convened
There is statement of great MANY
ings that might have been. The diff
llty is that none OF these things were.
ell0gg, 1t turns out, was not deceived, or |
e Kellogg party. as to their numbers.
ney Were not outwitted by detection. 1t
true that bribery, rank and brazeu, was
tempted, as is stated to US by Michael
ahn and ffty-One other members of the
egisiature. 1t is true that money
: thousands was offered to Repub.
an members in order that it might
fulfilled that there was detection in the
ellogg ranks. But the brides were spurned:
d the men to whom they were offered
BOD true. 1t was not domestic violence
I'll, domestic violence" is not the chief
says the Senator in effect,
iltz and the 1902 were peaceable. Yes, they
re peaceably conspiriHg as accOmplices !
tn five intruders, and with them they tram
ID law and right and peace under foot; but
heir ways were ways Of pleasantness, and
their paths we're peace" Again, what
ties to assault and detain by force, and
mace with deadly weapons, ID embers who
ose to leave the room! Was it not bald
Zach OF the peace and breach of priv
e! The honorable Senator from Ohio said l
'teTday that be would put question to
put to him as LAWYER. as one who
eres the profession he adcrns, the ques-
n whether it was not breach
the peace. violent infraction of law,
main force, even without deadly weapons, i
mprlsoR and restrain men who chose to /
J, being members, and move from their | I
to beyond the limits of the room in which | t
y were neld! l know that legislative O
'use" may by order compel the attend @
e of its members: but here there was no Q
Use. The ''house" may compel the at C
dance of its members. Here there was Ii
house, says the Senator from Ohio, 70
se with vigor enough to call the yeas
nays. No order had been made to
d for members; and yet badged jailers,
ndishing knives and pistols. ii ct arms, a
the language of. the law, lay hold OF s.
,h.rc Nf 10 -. Al. |
tives, and by terror and physical duress r,
lpel them to submit. CT
I'LL further, was IL not riotous, by turbu- D
e and trick, by trampling law under q