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

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J silanoed and retired to seats assigned Il
other spectators. The announcement wa
received with applause; but I can not 40
J cept it. Mr.. George Ticknor Curtis, one Of
} the radiant constellation which sheds the
gladstone light of jurisprudence on the
} Democratic party, is reported in the New
York Times to haye said:
II alluded atl2ho commencement of my
remarks to that fundamental principle
which renders it utterly impossible for any
external power of any nation whatever to
interfere with the right of State members to
hold their position and exercise their func
tions, and affirm that when a angle mem
Der, by any interference whaN bver other
than an order of the body, is expelled from
that body, its legal existence is destroyed,
because Its authority is destroyed" Ap.
plause.
This view of the subject renders it the
more consoline that no Democratic member
and no man in the minority entitled to take
pat, was molested on the occasion.
The members who were molested belonged
to the majority; they were only imprisoned
out of their chamber; and we are not told
that such violence takes the life of Legis.
lature.
In the long special plea of yesterday, the
Senator from Ohio, as he truly said repeat.
ing "a thrice told tale" laundering again
through the dismal swamp of the old cleo.
ton OF 1872, after all. did not, think chal-
lenge the fact that Kellogg in law held the
instrumentalities, incarnated the authority.
and welded all the prerogatives of the
Governor of Louisiana. A few other facts
are needful to the view l shall present, and
| although others have recited them, or most
Of them, l must reeite them too.
The laws of Louisiana plainly prescribe
who did and who did not constitute the
| legislative body which alone had power to
| organize. The statutes in express terms
! elected; it was expressly denied to all
| others. Those holding certificates of cleo
ton and enrolled BY the Secretary OF State,
and no others, could vote or act. By the
constitution of Louisiana, contested cleo.
tons must be decided according to law.
They are RENTED to the mode fixed by
statute. By the constitution the yeas and
nays must be entered in the journal
quote the language-"at the desire of any
two members, on any question" So vital, I
may remind you, is this provision, that it
lives and speaks in all free constitutions.
The law clearly fixed the mode, and the
only mode, in which the act of organization
could be done. l heard the honorable Sen.
ator from Missouri (Mr. Bogy) Argue the
other day that the statutes of Louisl-
ana were satisfied when the clerk of the
called the roll. There, argued the Senator,
the law stops, and there it is satisfied. /
heard the Senator from Ohio yesterday also
venture on an argument something like
this. He spoke of those who ''stick in the
bark" he said he would not speak Of "petti-
fOggers" but only because it would not be
civil. The same Senator referred to the
fact that a committee of the Senate in
reviewing the manifold provisions of one of
the statutes of Louisiana, to which have
alluded, found provisions in it conflicting
with the constitution of the State. Did the
honorable Senator mean you to understand
that the committee intimated that any pro.
vision now in question was repugnant to
the constitution: or in any respect wanting
have meant that. The fact is exactly
opposite. Canvassing the whole stat
ute to find its defects, the commit
tee pointed out its flaws, and nowhere is |
there doubt expressed of the binding |
force OF the sections which control and de- |
tine the mode of organizing the legislative |
houses. These are the only sections now |
involved, and the fact that the committee |
visited no criticism on these sections, is |
affirmative assertion of their force and !
validity.
would. treat with respect any man, who
with the statutes of Louisiana before him,
has the faith or the courage honestly to
think these statutes require, as to the or
ganization, and the function of the clerk,
only that he should call the roll. But 1t is
chief canon of construction to read
statute in the light of the object for which
it was made. in the light of the evil to be
remedied. the danger to be averted. We
know historically that this statute was
made for this very case. 1t was enacted
just after such an attempt in less degree had
Deen made in the Legislature of that State
1t was made on purpose, repeat, to avoid
and forbid such stratageln and conspiracy
as attempted to dominate the Legislature !
IN the fourth Of January.
The Senator from Ohio said that his col
league had omitted to read provision of
,ne Of these statutes, a provision that it
should not conflict with the constitution of
he State OF Louisiana. My honorable
friend from Maine Mr.. Morrill) with his
Usual wit remarked that "tO omit such
provision would be rough on the cOnstitu- |
ion." One would think from the remarks
# the Senator from Ohio that if the statute
lad not recited that 1t should not override
he constitution, the constitution would
ave been Overridden. So microscopic his
go great his refinement on |
Ophistry, that the honorable Senator from |
ohio sOlemnly babe us observe that this
tatute gazetted all the world that it really
i'd not intend to trample down the consti- {
uti0n of Louisiana. Kind and cOnsiderate {
tatute!
The statutes of Louisiana, after provid-
,g, first, that the names Of all persons
ntitled to vote in the organic alton of the :
legislature shall be enrolled by the Secre
ary of State, after providing that no man,
hoover he may be, unless he has been =
sturned by the Returning Board and his 9
anne inscribed on that roll, shall take 8
art in the organization, by supplemental
ct declares these words:
"For the purpose of facilitating the or
OF their respective bodies, the
,cretary of the Senate and the chief clerk '
the House of Representatives shall hold
yer and continue IN Office from one term .
the General Assembly to another until {
eir successors are duly elected and quail o
3D." t
So says our congressional statute, speak a
g of the House of Representatives Of the =
nited States. So says statute passed II
ter the turmoil of 1889, and more recent o
rmoils had warned US of the danger of p
restrained modes of organizations; and all II
litical parties, all the representatives OF "
irty-six States and Territories, have 81
wed in obedience to the statute, no mat u
E how high party spirit ran. Yet now "
mes the Senator from Ohio to tell US that 10
statute, equivalent in its terms, Is satisfied 10
destructive and impotent construction VI
licn me ingenuity OF no man, and no -
ucus however eager or desperate ever W
red to suggest. AZ
No, Mr.. President the statutes of Lou. oi
ana required the organization of that OF
use to be made one way, and permitted w
other way known among men. 1t was cN
written; and persons not authorized. con- 10
tants, claimants, or not, we're strangers Y, "
thout the semblance of right to intrude or
Ie part. Such persons, five or fifty, acting re Ie
a yraro Y,oIo FIJI |
:; and if they occupied the place set apart We ",
mherS returned. at the time when the on