New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-02-10
LOUISIANA AND THE SOUTH.

STATES SENATE ON JAN. 70. 4 NtF hF.
Mr.. PRESIDENT: am compelled to ask
hearing on this subject once more In my reoeh' ie
marks In the Senate did net densunce as has been SO
roundy inserted either the Government OF the ohtea
States or the present Administration or any man con-
nected wth it, Imade allusion TO President Grant,
to Gen. sheridan, TO recent events IN Louis
ana And although 10 a representative republic can
conceive OF no higher duy OF citizen than to defend
tbe princjpes OF his government aud its administration
when right or on the other hand to critcise the latter
when wrong yet abstaned from all discussion OF these
expressly stating my purpose to do for reasons given
at the time then simply to correct the erroneous
impressions which prevailed here and 10 repe assaults
made upon the Southern people, and to express abd
Ing confidence thar the spirit Of animosty manifested
In ibis debate was not the spirit Of the
Northern people, soldiers or citizens This,
and only this. Apprehensions. however ex-
pressed at the time, that the, ut;erances OF
Southern man upon the floor would DO msconstruen
and mhjudged. have been abundantly confirmed But
Sir, such violent demonstrations as we have wiz
messed such exhibitions OF prejudice and OF passion
however irritating under other circumstances, should
swerve the discharge of duty tempt an Ameri
Senator 10 descend from the hight OF TINS greaV ar
gumen silence his confident appeals TO reason ana
TO the Of justce OF the American people what
the questions which ought egtmatey to discuss
without passion prejudIcef
First: Was the recently dispersed Legislature OF Lou
Second Independent the question q its legality or
ileg was the Constitution OF the United states by
that dispersion broken2 ....| .I+
Involve in those third question, TO which shall
give most of my time namely, the general condition Of
tae Southern States. As to the legality Of that body
have heard only four objections urged ..r
First That the clerk was prevented from PROFOUND
ing the question and deciding the result upon the cleo
Second That that question was propouuded. and the
result declared In the midst OF great excitement ana
laird Tbat the Yeas and Nays were not ordered and
recorded upon the election OF Speaker; aud
foEIth: Tat after the organization, five members
to seats ats 49, AVA ''''''''''
LEGALITY OF THE ORGANIZATION OF THE LEGISIA-
TURE.
believe have stated the questions and the objec-
tons fully and fairly Now, 1t has been repeatedly said
that the duty of this clerk TO PROFOUND the Ques-
ton and declare the result When tho Senator from
NewYork Dir. Conklins) yesterday announced that
he intended to show that such the duty Of the
clerk prepared to lsome other law produced
than that which has been so often quoted. The only
provisions of law far the duty Of the clerk Is con-
may be found in Section A. Act 9S 1872 and are
In these words: ....
Representatives the sDste
@ @ s S Ti been o. Ss Ss n TIE
ess AsDo and shall Dc the DUTY sad Clerk and seeeta
Ded roll Of the House and O the Senate respectively ant
crl sss Sec esy ecey n sSrdsSco With The icre1ou pro
,en,ative. az ssn NpS m ~ M sha be cor to coua
with Article 81 Of the Constitution
twill be perceived the duty of the clerk By this
law was to ascertain by his record thus made the con
stituent elements OF the LEGISLATURE and not 10 pre-
side and PROFOUND questions its organization. He
s not required to call the roll and. far this
law is concerned, any member might have performed
this duty although this would have been variance
with parliamentary procedure But Sir, there Is not one
word in this law which requires Of the clerk any such
duty as prOpouDding questions. These the provis
Ions which be found In all the other statutes
this subject. If there be any other law. let be pro
duced II not, We are forever preeluded from urging
tins objection. Sir. think safe saying there is
such law, either statutory or fundamental in the
State OF Louisiana. The honorable Senator from New
York slr. Conknel yesterday cited the Of tho
Presbyterian General Assembly from the Pennsy
courts, the Commonwealth ag Green, Wharton, pages
s51 to 6o6 Sir. thorough examination of that case
will show that Is not analogous, except the reotest
degree, TO the one under discussion here. wnh all
due respect for the. great legal abilities of
the Senator from New York must express sur
In its ics with those Of the ORGANIZATION OF this dis
persed Louisiana Legislature 10 Louisiana. Mr.. Blleu
and ignorng tho clerk put the question AMI declared
It carried. In the Presbyterian General Assembly OF
Pennsylvania member. Mr.. Cleveland, moved that Dr.
BeDan be the temporary chairman, aud Ignoring
the moderator put the question and declared II carried
Thus far the two cases analogous but no further
The prime facts upon which hang the whole question Of
LEGALITY only uiher in the In direct
conflict and utterly destroy the whole base Of the Sem
ators argument Now, Slr, let us see.
In louisiana the clerk who was ignored by Billieu
had no legal status in that body save TO place
tie names OF members upon the roll 1t not pretend
witch reSaed him 70 preside ad pa Gr a G
clare results But ia Pennsylvania the moderator
siution OF the church ITSELF and by its laws the proper
and only organ to preside during the organization
Here then The law upon which the church rests and
WHEN preseDes tae once OF moderator defines ans du-
and he only snail preside, except in his absence when
some one else may be called TO the char he and he
therefore put aud declared by any else clearly
10 nama or anxyhe eS mir wuere sle nav
such duties comforting upon bim any such powersf
IL does not exist what becomes, then, of the Senator's
AZ to the second objection have only to say that
putting question ana declaring result in tho midst of
excitement and confusion be [nlvald IL would destroy
the Legality VI large NUMBER of Legislatures in the
The third objection Is that the Yeas and Nays were
not ordered and recorded upon the election Speaker
huyseD) aud the honorable Senator from OHIO CIr.
sherman have Ia labOred long and ably 10 show that
there was in this palpable violation OF law. There Is
40 proof so far as have seen, that the coll for the
Yeas aud NAYS ever reached the the propounder
really never made; but suppose the Yeas and Nays
were called, and tue call reached the the mover
Of thai resolution, ana he by wrong decision oyerrled
bis call and arbitrarily refused TO pat it, would that rem
der illegal the organization OF that bodyi II So IL
places IL within the OF any presiding officer OF
legislative assembly, by supplementary Illegal, or
unconstitutional ruling dlsspate the legality Of any
BODY aud resolve II into its original elements. Thatpor
0n o the Constitution OF Louisiana recited these
honorable Senators which requires the Yeas aud Nays
TO De recorded upon the journal the desire any
members does not cannot by rule Of legal para-
lenry construction, refer 20 the election OF officers,
but IL refers to legislative proceedings to legislative
acton THIS is the objection upon which Senators
Inc other side most rely But VIII be clearly SEEM Mr.
PRESIDENT that u not apply TO elections; for you
cannot force the Yeas and Nays upon the choice OF OIL
GERS II there be more than candidate. Mr. A may
choose TO vote FOR Mr. d. aud Mr. for Y; that the
consul ucilon OF any portion OF the Constitution which
wono render that clause inappieabe must OF necessity
We wrong construction. This objection then, alls "
tile Rrou ud also F'-'0
As TO tae fourth objection that after the organization
me0Ders were admitted % seats held Certificates