New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-02-09
NEW ORLEANS REPUBLICAN, WEDNESDAY, FEBRUARY 9. 1876

II
assault and battery"
| 1t seems the commitment was for assault
! "On one John Keeper. Knows all thu
facts. DepOnent further state
that application has been made to the pres
ent keeper of said workhouse for said com
mltment, but that it can not be found
therefore he verify believes it is lost o.
| mislaid."
Mr.. Merr;mon-what was the oaens'
| charged!
Mr.. Morton-A.sault and battery. Thil
| affidavit states that the commitment wal
| for assault and battery.
Now, call the attention Of the Senate t.
the fact that Immediately alter, or in very
short time after, this had taken place, anC
| he was released, Pinchback was commits
stoned By General Butler to raise com
pany; tina: he raised q company and was il
the army for thirteen months, and then re
signed because all the officers had become
white except himself, and his staying wal
dlsagreeable. de was then authorized by
General Banks to raise cavalry company
which he did successfully in the same city
| at cost of nearly $1,000, and was then re-
fused commission, after being recommend
ed by the superintendent of the recruiting
service as being gentleman and meritO
rious officer, upon the ground that the law
did not authorize the appointment of ne
gro.
MI. Pinchback was elected to the Consti
tutiOnal Convention in Louisiana from the
city of New Orleans in 1868, and he served
in that convention with some distinction.
When the State was reconstructed he was
elected member of the Senate from the
city of New Orleans for the term of four
years That would carry him over to 1872
In 1871 the Lieutenant Governor of the
state. Mr.. Dunn, colOred man, died, and
Mr.. Pinchback was elected to fill the va.
cancy as President of the Senate. By the
constitution of Louisiana, when the Lieu
tenant Governor dies the President of the
Senate becomes the Lieutenant Governor,
the constitution declares he ''ehall be the
Lieutenant Governor" Pinchback served
as Lieutenant Governor of the State
of Louisiana from the month of October
1871, until December, 1872, some fourteen
months. When WarmOth. was iMpeached
in December, 1872. Pinchback became the
Governor Of the State under the constitu-
ton OF Louisiana, and continued to act
until his successor, William P. Kellogg,
was duly installed in office. This believe
is his military and his official history.
Now. Mr.. President. wish to state very
briefly tue points of law that think are
certified by the Governor of the State of
l. Iuisiana to have been elected Senator
to this body for Elk wears, beginning on the
fourth of March, 1873. That election took
place IN January, 1873. His right to seat
was questioned here. and one year after
ward. when the SAME Legislature came to.
getne-. he was re elected by shat body, and
the certificate IS here in the case Of both
elections.
In the first place. l insist that Mr..
Pinchback has q primo tacie title to
his seat. The certificate of the Gov.
ernOr makes a p,-n,0 fdcie case, which
entities the person holding it to seat; and
il there ia any objection 10 his election as
having been lnfOrma! or fraudulent or not
ny the proper body, that is question which
under the usage OF this Senate from the
very time OF its organization is to be iE-
luired into afterward. 1t Is the common
aw OF this body, it is the common law of
The House of Representatives. that the per-
,on holding the certificate of election issued
oy the Governor in pursuance OF the law
las prima tacis title to his seat, and if
here be objections upon account of fraud,
or that he was not elected BY
he proper body. they are to be inquired into |
lfterward. Even in the case where the |
question is whether hs was elected by the
proper Legislature this has been the rule.
The first case involving that question arose
n Rhode Island many years ago. In that |
'ase the Legislature of Rhode Island, then |
lifting under the old charter. had protrac,- |
ID the existence of the State Senate one |
ear after the term of the Senator'S would |
rave expired, there having been no cleo !
ion. The Legislature by joint resolution
ontinued the existence Of that Senate as q |
art of the Legislature for one year, and |
fter its existence had thus been continued |
y Joint resolution the Legislature elected
Senator, and the Governor, whose exist
nee depended upon the same action, certi-
ed to the election. The next summer an
lection took place, Legislature, unques-
onably legal, was elected, and the new
9th credentials came to this body. Both
pplicants appeared here claiming a seat.
ne Senate. under the lead o. Mr.. CLAY,
'0m Kentucky, who was then a member Of
lis body. declared that the Senator first
ecteC, having the certificate OF the Gov
NOR, had priD'a facie tide to the seat.
nd that as TO whether hs was elected by
re right body or not was question that
,uld only be inquired into after be had
ken his seat. Accordingly, Mr.. Robbins
as sworn IN; and after he was sworn in a
alton followed as TO whether he was elect
by the Legislature of Rhode Island. 1t
as very close question as to whether the
d Legislature had the power to prOtract
e existence of the Senate one year bv a
int resolution; but it was finally held that
had the power, and Mr.. Robbins was
ain tanned in his seat.
We have had another case here verv re-
ntly involving the same question and tat
ss in the case of cir. Spencer. from Ala
ma. Mr.. Spencer held the certificate of !
the Governor of the State as having !!
en elected by the L"gislature of Alabama , !,
We been elect ID by the Legislature of I
ALBANIA. We elted Mr.. Spencer upon the I
Ound that b. held the certificate OF lie !
'vernor and had pri0,a fdcie case. We
en- made ing Try In regard to the facts |
d we found tlat there were two pro- !
lded Legislatu 'es in the State of Alaba-
!, one called 10 Courthouse Legislature !
d the other called the Capitol Legislature. :
10 Courthouse Legislature elected Mr..
encer and the Capitol Legislature elected y
:. Sykes. So tia committee reported, and y
, Senate deci,,ed that Mr.. Spencer was
cted by the lawful Legislature of Ala :
ma.
n the House, believe, the same rule has q
svailed, that Il Q member having the Ger a
cate of the Governor has prima facie +
'e, and when it is alleged that he was not ]
,perly elected. or elected BY fraud, or that z
election was n any way Illegal that is | q,
uesti0n that is 10 be examined after that h
le. :,
know, Mr.. President, there is an old
,trOversy in regard to the election IN | v
uisiana in 1872 That DO not care to 90 d
o now. OF course. l shall follow the dis S
sion if it becomes necessary. 1t is p
)ugh to say that Governor Kellogg has
N recognized by every department of a
8 government-by the President, by the NJ
,ate, and by the House Of Representa- a,
es. The present House, large majority o.
ng Democratic, have recognized him in 81
fullest and in the most ample manner as IS