The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-01-31
HOUSE Oh REPRESENTATIVES,.
Twenty. first Day.

HOUSE Oh REPRESENTATIVES,.
Twenty first nay.
THURSDAY, January 80. 1879.
The House me at II o'clock. Speaker Moncur
Ia the chair andltty members present.
The readilg the journal was dispense
Representative Brent presented an order t.
the effect that To calender be taken up to tn
exclusion Of everything except the special ofde
Observation-Disclosures called up the report o
the Committee q Elections and Qualification
In the contesteesase of II. Il. Gilmore agains
ii. o. Warmoth. nd gave way for Col. James
Lngan, counsel or Mr.. Gilmore. to discuss thu
case on behalf ohis client
Col. Lingan thu took tho floor. and said:
M. Speake, al Gent e,nen Of Tie House o.
Representatives. accordance with a res olu
ton passed by ,ur honorable body two days
ago, am peImied to address you. The ques.
tfou Is one. thatn its face. is against me. Your
com mittee haveubmitted an unanimous re
port In favor of ,ating Mr.. II. @. Warmoth. 1t
IL a most difIieulthing ta wage war against an
a contest And et. gentlemen, 50 great Is my
confidence in thsconolusions of House noto-
riously Democrec. and, therefore, VIGOROUSLY
true TO the constifion aud alcs, that have ven.
tured to be- heardn opposition to the report Of
the committee. nd hence VIGOROUSLY In nppo-
sition to the pitieai division Of the House.
Aud desire to,tate here. that submit this
question purely q a question Of constitutional
law. aud II | am BIT borne ott by the record.
do not desire an question q party TO govern
your decision.
Hon. Mr.. Warmo, and tn agreed statement of
facts been reducd to Il pare question OF con
slitutional law, he ground y contestation
rests entirely on he plea th,at;-hrst. Mr.. War
q registered voter and hence ut qualified
eector" under aicle IL OF theState constitu-
ton,
ks have said, dr. Speaker. he committee
have concluded agi Inst my elientBut will VEN
iure to say that will be seen he committee
have hastily conceded that Mr.varmoth was
domiciled in he,arish OF Plaaemines. and
hence entitled to b considered aaliaed cleo
tor. 1 propose to how this Houstha neither
OF these propositions are 7 ua: ID. not only is
there nothing In he record 70 stw that Mr..
Warmoth was n resident OF t1at lrish ut the
parish oil his life, md was not tas admits in
this record that hewas no } Q reRisred voter.
or. In other words. a quaillleu eleer'' ~ the
parish of Plauuemnes, he was no, iRible ut
the last election aud cannot maintais seat on
the floor Of this Hose.
Sir, It seems to me 1t is time for the egisla-
ture Of this state 10 show some respt To es-
tablIshed and recognized forms and2rinc-
pies, In the determ nation o. WE Yuesh who
shall and who shall not be entitled TO high
and dignifled position OK heRr;s e timge Ia
uuietus on the theory that party NJ In
the parish of Orleans can represent any Fish
in the State. that person VINO mas no,, der
the law right to even the humble posiu of
exercising the elective franchise IA hiswn
pariah, can appear on this floor az the h.e-
sentative of the combined and aggregate mr.
lance Ane political value OF the whole polf-
ton of the parish he falsely claims as his 4.
Why. sir 1t is said by Judge cooley ana Or
writer's on constitutional law that. while In &C
mon parlance. the political, sovereignty
popular government Is said to reside n
people ten nldssel, the practical TACT Is thNt so
ere gnty rests solely In those who hare me ft9fu
yotet =, !,
| ha true. can IL be possible that person WHO D
| not the right to vote, aud consequently Is
| in contemplation of law practically ono oi
sovereign people" can be az anma,,eh on :
| itical dignity and representative value q !,
entire people Of the parish or district ne clai
| to representa- And yet such Is the posltion
Mr.. Warmoth He is not qualified eiector
his paris h. He would not have been allow7f
| vote in the parish he claims as his own Y he b
been there on the day Of election. He has, q
mitted this by this agreement o. mc,s, ana
| mits further, that this fact was publicly a
VIGOROUSLY known to the voters on the Gay
election.
Now. Mr.. Speaker and gentlemen, II this We
a question to be determined on gene
principles Of constitutional law and the det
ininatiga OF courts In similar cases, the. pol
ca, Jurisprudence OF this State ana OIL OIL
States in this Union would be and Is cone
| siye: as | could easily show you II had
\ time to read the authorities have mere pe1'
ne /; bat l am 50 restricted by the palpa
| anxiety of this House to get rid or his questl
| and to get to work on the passage OF your RE
lar bills that can only state the authorize
| asserting, however, that every word snail vi
a an authority will be borne out by the books
shS re1 no y9n driven fir
authorities or general principles OF law IN
The constitution Of 1863 for which, by
t,Ia tad 70 lQta Rannhlti
party. land the gentleman from Pladuemioe
provides special qualification for memo
ship OF this House. This brings us squareil
the REAL question at issue-that is the quest
OF Constitutional eligibility, Article 80 OF the
stitutton prescribes who shall De deemed G
tors Y, and article rs provides that the Gene
shall provide ~ sw s tnas sne sb na1
registered in order to entitle them to vote
, ticle 28 SAYS: No person shall be entitled 10
at any election held In this state Ate except In
| parish of his residence, and at he election
I cinct In which he Is registered.
Now Mr.. Warmoth admits that 1t was ne
rious,- in Plaauemtnes parish that he was
one oI the qualified electors" or in 81
Words. a registered or qualified poter at the
4 electibn. In view of these facts admitted,
] the constitutional provisions quoted. desir
3 ask the special attention Of this BODY 10 art
' Article IS. Every etector under this const
. ton shall be eligible to seat in the Hous
! REPRESENTATIVES: and every elector who
4
! Senate; prorided. that no person snail !
! REPRESENTATIVE or Senator, unless at the TN
+ his election ne be qualified etector OF the
: ehtalive or Senatorial district from Whic
/ NOW. Mr.. Speaker. it is conclusively evi
! that this article tlsl contem plates dlstlnc
= and limits the elgibi ty 20 memb trship to
= Houke to those electors" under article 80;
:. are fqualifed electors" under article Is OF
!. II Is law and rule Of construction "
r every lawyer and well-read man 10 this
:. will admit. that you must give such an i
!, RADIATION to every part as will give force
: eeffeJt to the whole and every article in
!. cons tuition, and | challenge every and
n mend,b-r Of this House. lawyer or mo-
q oiva force and effect to articles 20. %, rs
r IS II this constitution. without concluding
e registration in accordance with law Is tne
: act pr thing required. and that 1t is a coma
x preJedent, under articles % and &C. IN ord
enable elector under artce, % g oee4 +
n nv Eii,ible 10 membership of this House.
i. Bit Tue gentleman will say that ne was