The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-05-15
THE CONVENTION.
A Lively Debate Over the Con.
tested Election Case of Mont
gOmery vs.. Benham.
The Latter Confirmed in His Seat by
Large Majority.

The Most Animated Political Discussion
Of the Session.
WEDNESDAY, April IA.
The Convention was called to order at 2
o'clock, President Wiltz in the chair and 1o5
members present.
A report was received from the Committee
on Printing, detailing the cost Of printing the
Auditors statement furnished the Convention
a few days ago.
The journal OF yesterday was corrected and
approved.
Delegate Robertson, chairman OF the Com
mittee on Apportionment, submitted a report
providing for new apportionment OF the
State, which was ordered to be printed In bill
form.
A communication was received from the
Louisiana Representatives In Congress, &C
knowledging the receipt OF a resolution re-
auesting them to use their Efforts to secure
national aid for the leyees and informing the
Convention OF their previous action and their
intention to give effect to Its request to the
extent of their ability.
communication was received from State
Treasurer Burke, giving the amount Of money
received from the lessees of the State Peniten-
| tiary and the New canal company.
THE SPECIAL ORDER OF THE DAY,
| being the contested election case Of Mont
gonery VS.. Benham, from the parish OF East
Carroll, was called up, and the majority and
minority reports Of the Committee on Elec-
tions were read.
| Delegate Girard favored the minority re-
port, and argued that Mr.. Benham, the sitting
member, was not entitled to the seat, on the
ground that he was really citizen Of Ohio.
This position he contended, was supported by
| the facts discovered by the committee, facts
which would abundantly justify his exclusion
| from this body.
Delegate Breaux favored the majority re-
port, which confirmed Mr.. Benham In his
seat He argued that the facts did not sus-
tain the allegation that Mr.. Benham was not
a citizen of Louisiana. He insisted that those
facts fixed Mr.. BenhaTn's domicile In this
State, and for that reason he should vote to
| confirm him In the seat to which he had been
legally elected.
Delegate Lott favored the minority report.
| He insisted that on it's best showing the case
OF Benham left the matter OF domicile In
| doubt and that no man whose citizenship was
doubtful should be given seat In this body.
But the weight Of testimony went to show
| that he was really citizen Of Ohio. The
speaker read number OF affidavits to sus-
tain this position. He argued that when a
man had residences In two States the question
OF domcile was q question Of intent. Dele
gate Lott urged that Benham's intention to
| become citizen of Ohio had been clearly
shown, and he hoped that the Convention
would unseat him.
| Delegate Steele favored the report of the
majority Of the committee. He knew that
Mr.. Benham was a citizen of the State. Those
who had testified that he did not reside In
East Carroll were not his neighbors and
| friends but those who knew little OF bis
movements or intentions. He insisted that
all the testimony went to show that Benham
was a citizen OF the State, and that his tenn
porary removal to Ohio had not divested him
Of his rights OF citizenship here. He argued
that the statutes OF Ohio, which had been SO
often quoted to show that Benham could not
have accepted position in railroad office
there unless he was q citizen OF the State, was
obsolete and said that the doctrine advanced
that he must establish the fact that he was
not a citizen Of Ohio. and that IL there was a
doubt about his citizenship In Louisiana, it
should be taken as against him, was mon
strous.
Delegate Warmoth had signed the majority
report with some reservations. He did not
believe that man was required to be citi-
zen Of Louisiana to render him eligible to q
seat in this body: He sympathlzed with
! the State had a right to represent the people
He respected their narrow, provincial views
But this body was a meeting OF the people In
their primal state and he believed that they
had the right to delegate the power to repre-
sent them to whomsoeyer they pleased. Il
constituency had sent woman to this
body he should have favored her ad-
! mission. The contestant In the present
assurance that he would be admitted on the
strength OF 160 votes, or thereaDou.s, at his
back, and the fact that he was a true Louisi-
anian. THE speaker pitched these last words
in high key, and drew the last out at length
He expected to get seat, although Benham
received over TOO votes to his $50, and although
there was an African sandwiched in between
3 them who received about 240 votes, the contest
ant proposed to dispose of Benham on the score
Of citizenship, but had overlooked the claims
of the African entirely. The speaker then
= proceeded to argue the question OF elIlzsn aaa
Z Ship spoke of the customs 10 other States
D and derided what be called the Gus,
tom IN Louisiana dula q ase his citizen III o.
g ship by going beyond the borders" He con.
: demned the practice Of declaring every man
asg6s y69 9 ae reasea and t. sa aTsyf ~ himself
aee eftn except * aae eo tbs Convention that Il.
a eiision eligibility had rot been questioned. He
failed to register in tpe last eeeti4n and that =.
enntaat ma1 T his election The result was that the
l. Gomr, % ,lttee tee on Elections had reported in biz
s fs.sor, r and only ons bulldozer OF the House
n his his friend Vance, Of Bossier voted agains d1a
: that report In the House. He insisted tina
there was neither reason nor justice i9 deny
ing Mr.. Benham seat In the Convention.
q Delegate Caffrey said the legal argumen
d made By the gentleman from Plaquemine'
# was as weak as his attempts at wit. He In
a sisted that the authorities had been mis-
.r quoted with remarkable, or perhaps. charac
teristic, disingenuousness. What he intende
should guide him in the consideration Of thi
&c matter were the facts found by the majorit
- - - tho Committee ON Elections and he shoul