Year: 1863

that hoid that the right of representation, the
whole machinery Of civil government. is stopped
and held in obeyance in State situated as Lou
isiana is, until il can move according to its laws
Whether the people have been prevented from
executing their civil duties according to law. by
reason of the rebellion or any other cause, does
not affect this argument If they have not done
so in the case under consideration, know of no
power which | possess to give validity to their
illegal acts Neither can the Executive heal the
defect by AN act still more Illegal indefensible
and unconstitutional


But there is another answer which occurs to me
in connection with the question of the gentleman
from Kentucky, and also in continuation of nv
answer to the gentleman from Ohio. General
Shepey. Brigadier General, exercised all the
power which resulted in these elections. He, in
subOrdination to General Butler and the Execu-
tive, moved everything. Without him nothing
was. He spoke this election into existence. With
out this military power, supplanting and assum-
ing TO act for the civil power in Louisiana, moth
ing would have been done. Every one knows
this to be true In evidence of il. let call the
attention of the House TO the proclamation of the
Military Governor:


PROCLAMATION


By Bri0adier General George 3. Shelley Military


GoeeT7aOr OF tie Sdte of Louisiana.


Whereas, the State Of Louisiana is now and has been
without any Representative in tue Thirty Seventh Con-
gres of the United States of America and whereas very





gressional Districts in This State, by taking the oath Of
allegiance, have given evidence Of their loyalty and obe
dence 70 the Constitution and laws of the United
Now, therefore, George F. Shepley, Military Governor
OF the State Of louisiana for the purpose securing
the loyal electors in the Parishes composing these two
Congressional Districts their appropriate and lawful repre-
sentaton in the House of Of the United
States of America, and Of enabling them avail them
selves Of the benefits secured by the proclamation Of the
President Of the United States to the people nv State
or part of State, who shall on the LIST day Of January
be good faith represented Congress the
chosen elections
wherein majority Of the qualified voters of such State
have part cpaed have seen fit to issue this my prOcla
maiion, appointing election be held Wednesday,
the Sd day VI December next to nil said vacancies in the
ThrySeventh Congress of the United States Of America
in the following Districts, namely:


Then comes an enumeration of the election
precincts, &c.


Now, what Is the law of that State on this
pontr The power to issue procla ton calling
special election is vested in the Governor Of
Louisiana, chosen by her own people, and not in
an instrument OF the Executive How does the
gentleman from Kentucky answer that? How
does the gentleman ;rom Ohio answer IL? You
say the military had nothing to do with these
elections. Yet You they had their origin in
plain and absolute military usurpation. They
commenced IN a military proclamation, and the
only certificates OF election which the claimants
present here ms titles to their seats are signed by
Brigadier General Of the army.


MIR. Harrison: ask the gentleman from Indi
ana whether the legal principle, that subsequent
ratification is equivalent TO antecedent authority
does not apply this of the electors OF Lou
isiana


Mr.. Voorhees, Has the gentleman from Ohio
any evidence OF subsequent raiihcationI If he
has, have none | see influences surrounding
these elections which, TO nv mind, Indicate anv-
thing rather than the free. untra M meed voice of
the people. acting independent of military coer-
cion and executive dictation. On the very face
OF this prOcla amation. what do see? One in
ducement held out % the citizens of New Orleans
10 participate in these elections is. that they may
in that way escape the effects of the Presidential
proclamation OF the lst of January last: that
they may escape being robbed of their property
by going 10 the polls and voting; may escape
having their slaves taken from them by the Pres-
dent OF the United States il they elected men,
bers of Congress One inducement held out in
the body OF this proclamation was the right of
representation. il is true; but the other was the
argument and inducement of the highwayma
ELECT. and your property will be savedl' RE
fuse to elect. and the Commander-in Chief OF the
Army, the President of the United States will
strip you naked, and roo you of your plainest
rights OF property" This is the language, plain
and distinct addressed to the citizens of the first
and second Congressional Districts of Louisiana
by the proclaim ,ton under which these elections
were held. j. this free electionl Who will
dare say so? To my mind it is the grossest and
most outrageous assault u, on the freedom of the
elective franchise ever known in republican
Government


Mr.. Harrison: submit to the gentleman from
ln0iana. that if the statement of facts made by
the Chairman of the Committee ot Elections is
true-namely, that the loyal and qualified elec
tors of the TWO Congressional districts of which
the claimants citizens exercised an untiam
meled choice at the elections under which they
claim seats-whether the attendance by the elect
a ,,a1 1c tl,
Military Governor for that purpose. and actually
holding the elections, was not an emphatic and
conclusive ratification OF his act by the people so
voting thereby making the elections as vadd as
if they had themselves taken the initiative?


Mr. VOORHEES,: Now. will the gentleman from
Ohio tell me how many voters cast their votes
the day of that election because they desired to
be represented in this Congress. and how many
because they wanted 10 save their slaves under
the proclaim ton of the President? If he can
give me this information. | can tell him how
much the ratification of which he speaks was
worth. Both inducements were held out; and if
the gentleman can inform me how many persons
voted because they desired to prevent their prop
erty being taken from them. and how many be-
cause they desired TO send these claimants here
/ can answer how far this act of the Military Gov
ernor ratified by the people. The induce
ment in regard to their slaves was deemed as of
sufficient importance to insert in the body of the
proclamation, and | have no doubt it brought
many citizens TO the polls.


The gentleman asks me whether the people
there did all they could. / expect they did to
avoid injury TO their rights and the plunder of
their property.


Mr. Menzies: / will repeat my question, in
order that the gentleman may understand the
point upon which my mind turns. | would like
20 know If the people of these districts complied
with the law of the State of Louisiana except in
the particulars mentioned in the report OF the
Committee OF Elections; that if the day was not
the one prescribed by law election day for
this purpose. and that the proclamation was not,
ih that event, issued by the legal Governor of
Louisiana? | ask the gentleman whether he be-
leyes. the rebellion having deprived them of the
power to comply with the law in these respects.
the people might not have themselves assembled
on any day they might name and elected persons
to represent them in Congressf


Mr. Voorhees,: / answer the gentleman by re-
peating that when the forms of regular govern
ment are lost, the people must begin again de
They must begin down at the very foun-
dation OF civil government. They must again
fill their vacant offices, commencing with that of
Governor, and then by his aid proceed according
to their own laws TO give motion and vitality to
every department. This may he done by virtue
of the peace secured anu maintained by the arms
of the Government. Let the people OF Louisiana
do this If their condition will permit it. and then
they NAV proceed under the constitution of that
State and in obedience TO their own laws. In that
way we avoid this monstrous constitutional
stretch Of power, unknown to our Constitution
or laws. which has been exercised in the appoint
ment of a Military Governor, by whose conduct
the laws have been violated.


Again, sir, come back TO the very foundation