New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-01-20

or 0lsh0nost-ls quite immatorial to the pre
emit inquiry, for by the law of louisiana n
name could be called By the clerk nc
found on the roll; nor could any pcrso
participate as member in organlzin
the House unless his name was upo
1t as furnished by that board. Withou
some such legal restrictions the crosses
outrages might be perpetrated in the OF
ganization of legislative body: for, i
persons claiming seats, but not returned a
members could vote for such purpose
every attempt to deprive them of seat
thereafter would, of course, be not only
absurd, but generally impossible. The in
flexible rule, Observation-Disclosures t.
the existence OF every representative assem-
bly,, and, indeed, to representative govern
ments-is that members lawfully returned
and they only, can participate in the
organization of a legislative body; ant
should persons not so entitled forcibly OF
pulslOn, violent or peaceful, as might be
necessary, would be the least of their de.
servings.
Now under this law, with the roll OF
members delivered to HIM by the Returning
Board in his possession, Mr.. Vigers, the old
clerk, proceeded on the fourth instant tn
the hall of the House of Representatives
and there took his seat for the purpose of
organizing that branch Of the Legislature.
No person Of either party has suggested
that he failed or intended to fail in the ex-
act performance of his duty. The roll con-
tanned the names of 1902 members. 1t is con.
ceded that of these fifty-two were Republic
cans and fifty Democrats. 1t is admitted
that before assembling in that hall it had
been in caucus determined that the Dem
ocrats would support Mr.. Witt for
1t was well known that all of the
| tfty-twO Republicans would vote for the
latter, and the fifty Conservatives for the
| former, and it was, of course, we'll known
that If the House was organized by men,
bers whose names were on the roll, q
Republican Speaker and Republican officers
would be elected, for no one has ever pre-
tended that any detection from party of
any member was expected or actually
occurred. Thus stood the case when these
persons entered the hall, and it need not
be argued that if the Conservatives, as they
are called, expected to prevail in the organ
izatiOn by the election of Speaker and
other officers they intended to accomplish
this. not by votes of members enrolled, but
by force or fraud, and in violation OF law.
That they thus intended the sequel proves.
l will new take the statement of the
Conservatives and Senator Schurz for
what happened after the clerk took
his seat. They say he called the names
Of all the members on the roll, and
then that a Democratic member moved
that Witt take the chair as temporary
Speaker-that he was declared elected, but
not by the clerk, says the Senator-and that
he took the Speakers chair. Who vo ed for
this mani Who declared him electeds BY
what authority did he take his seat9 1t was
the duty of the clerk, on nomination of
Speaker by the respective parties, to put
the question to the members and declare
their votes, and no one else had the shadow
of right to do so. He alone could preside
until Speaker should be elected, and he
could only by a majority of the members
whose names were on the roll, and this
election by majority the clerk only could
determine and declare. No one has had
the hardihOOd to say that Wiltz was elected
by such majority, and without such election
there could be no organization. Nor was
there by the usage OF the Louisiana
Legislature, or any other, such and officer
known as temporary Speaker. This so.
called temporary organization was resorted
to, as will appear, as a surprise, and for
the purpose of declaring five persons, not |
members. The only organization |
proper or lawful was final and permanent |
one. The truth as to the manner in which |
this plot was managed was, doubtless, as it |
Is stated by various witnesses of the out !
rage. While the roll was being called BY |
the old clerk, member nominated Witz |
u
delay he was declared elected, |
not by the clerk, says Mr.. Schurz, and |
sprang to and took forcible possession of |
the Speakers chair and gavel. There, in
defiance of the efforts of the clerk to pro-
coed and regularly organize the Assembly,
Witt called upon a justice present to swear
aim in. This was done, and then temporary
clerk was nominated and declared elected,
and then. in the same manner, a sergeant-at-
arms; and Immediately following this.
assistant sergeants-atarms, who,
m being declared elected, opened their
,oats and displayed badges of office, show
Dg clearly that all this fraud and outrage
had been carefully planned and contriyed
and that these assistant SER
,eants were selected, and doubtless armed,
With view to holding violent possession OF
he House, and of it's organization, after the
raud should have been perpetrated. I'm
nedlately after this temporary organization,
he cOnspirat0rs-not legislative body
'eaceably, or otherwise, assembled-prO-
eeded to declare five persons, who had
btained access to the hall, but who had
lot been returned by the Returning Board,
nembers, and entitled to sit as such Thus |
ence a great public wrong against the I
tate of Louisiana subversive of law, of
institutional rights-by means of which,
successful, the legislative power was de-
vered over to the persons not charged
nth it as representatives of the people,
ut whoa minority at the Outset-had
y fraud and force so added to their
umbers as to become q majority. 1t ,
as been said in the speeches to which | J
ave alluded that it is the right of every !,
gislative body to determine who shall sit ,
) its members. With certain qualifca- :
0ns this is true; but can the persons not !;
.wfully returned as members, but claim | .
g to sit, and whose right is contested, !,
ote as members for the purpose Of estab-
shing this rightl Take the case we are :
There were ffty-two Repub- )
cans and fifty Democrats enrolled as mem :
BIS. Five others-Democrats- !
70 right to sit. They must have voted for !,
'iltz as temporary Speaker, or he could q
1t have had majority. Nor could they
I've been declared members without also @
,ting on that question if there had been q | q
wful organization, for in that event there q
ould have been a majority Of Republicans. \
he proposition that every legislative as n
mbjy is to judge OF the qualifications of :
rsons whose right to sit is in question are +,
It to act or vote as members until 3 law. ~
lily constituted Assembly has determined =
at right. This proposition was perverted ! g.
ID misapplied BY speakers at the Cooper ~
stitute. G.
Enough, think, has been said to establish v
lite clearly that this body of men was not Il
Q Legislature of sister State peaceably | D
sembled, and l think it will hardly be D
sputed that if the fifty-two members had il
rcibly resisted the taking Of the Speakers | +,
air by Wilt, they would have been JUST. t!
d: They, however, preferred to leave the
Vless men. who had thus sought to take n
'm them their rights as representatives, D
Il atfQnnfoA 70 Il IN no |
the aid ct the i've members thus admit a