Year: 1872

not know what he was doing! Does he at
tempt to tell the people OF Louisiana tina


because, fOrsOOth, he was not elected Lieu


tenant Governor, the election of his oppO


nent was illegal, null and void Is it pos
sible that he would allow himself to be pu


forward as a candidate for the position o.


Lieutenant Governor, and then, because NJ


was defea' ed, argue that the election was
not in accordance with law Is this a very


consistent record for gentleman of the
high legal standiug of Mr.. Ray to have!


Mr.. Blackman stated, in justice to Sena


tor Ray, that ne had only introduced the


resolution referred to after the question


had been discussed and decided by the


Senate and that he had cast his vote with


the minority, who thought the action of the


Governor unconstitutional.


Mr. Hunsaker-There is one fact upon


record which can not be gainsayed--that


the Senator from Ouachita (Mr. Ray was


the introducer of the resolution under


which the Senate proceeded to elect pre-


siding officer, and even allowed his name to


go before the Senate as candidate for the
| position.


Mr.. Thomas explained that Senator Ray
had only been nominated for the chair pro
tempore. Senator Ceupland was the oppo-
nent Of Mr.. Pinchback.


| Mr.. Hunsaker-I would ask the Senator
(Mr Thomas) and Mr.. Ray himself whether,
if he had been elected temporary chair
man. and the Senate had not gone into an
election for permanent President. he would
not have continued to perform the
| duties incidental to his office! There
is a great deal in consistency. 1t
may do for gentlemen of no great
legal learning and ability to change their
| views occasionally on such questions as
| this, but can not understand how gen.
| tleman who has occupied the high position
of chairman of the judiciary Committee,
| who has revised the laws of the State, and
who is perfectly familiar with every law
upon our statute books to-day, should act
so incOnsistently. If these d;saffected gen.
| tlemen regarded the call for an extra ses
sion Of the Senate unconstitutional why did
| they assemble here under that call l ven
ture to assert, and think will be borne
| out by every Senator present who voted
| as did, that if we had been defeated in
that election the question of its legality or
illegality would never have been sprung
We hold that there is but one branch of
the State government that can properly
pass upon this question, and that is the


judiciary. If the gentleman now presiding
over US is not the legal Lieutenant Gov
ernOr OF the State, the courts will SO de-
eide. There is another point which must
be considered. The House Of Representa-
tives has passed resolution recognizing
the legality of, and giving validity to, the
action of the Senate in that extra session.
Does that mean nothing: Can the gentle
men who make this objection contend for
one moment that the action of the Senate
ON that occasion. sanctioned by the House
of Representatives and the Governor of
the State. can be declared null and void.
Can Senator Thomas, who came and took
his seat here, recognized the presiding
officer and entered into legislation which
lie thought would be beneficial to his con
md tta af low .l-
upon his own action.


Mr.. Thomas said it was understood when
he took his seat that the question as to the
legality of the election OF Mr.. Pinchback
was to be held in allegiance.


Mr.. Hunsaker-I want to see these gen
tlemen act consistently undertake to say,
further that when person has been elected
to an office of this kind, he can not be re-
moved unless he is impeached by the House
of Representatives and tried by the Senate
in the manner prescribed by the constitu
ton. The Supreme Court will so decide if
this question should ever be brought be-
fore it,


Mr. Antoine-I desire to say few words
upon the adoption of the substitute offered
by Mr.. Blackman. and intend them more
as an explanation of the vote l shall give
than anything else. Limited as l am in my
knowledge of constitutional law, | am
compelled to act by what | consider the
plain letter Of the constitution, and l find
nothing in that instrument which author
ICES the Governor to call in extra session
one branch of the General Assembly with
out at the same time, calling both. | am
satisfied that the Governor has violated the
constitution in that particular. While |
was satisfied of that fact, was also of the
opinion that, if the Senate should respond
to the call of his excellency, it would
thereby set precedent for such action in
the future but | consider the Senate the
proper tribunal to settle that question.
1t has since occurred to my mind that
there are many constitutional points
which in court of justice would be de-
cided according to technical rules. but in
the solution Of which Senators should be
guided by the dictates OF common sense.
same view Of this subject that have, there
Among the Senators who have taken the
is not one who more reluctantly opposes the
action of the Senate in extra session than l
do, from tile fact that l am and have been
for some time associated in business with
the honorable gentleman who was elected
President of the Senate. 1t might be pre-
sumed by the meddlesOme world that if
oppose a man with whom l have been so
closely connected, not only in business. but
in my personal and social relations. there
is something else 10 induce my action be-
side my political views. 1t Is for that rea-
SOD, MT. 1reSlutut, lHdI nave IlStu III NY
seat to make this explanation. l do
not believe there is a colored man
in the State of Louisiana who has
the interests of the colored people and the
Republican party more at heart than your
self. From my personal knowledge OF you,
| am satisfied that you are true man and
a true Republican. While / admit these
facts, Mr.. President, and while l admit
your superior ability and your superior
knowledge of political affairs, yet | claim
the right which accord to every other
Senator-to have an opinion of my own.
am satisfied that We are all working for the
good OF the people of the State. If We
commit errors, l think they are errors
of the head and not of the heart. l entered
into this political fight without any per-
sonal anirnosity against anybody; nor did |.
as has been asserted, form coalition with
the Democrats in connection with the Sena-
tor from Orleans Mr.. Ingraham). We sim
ply raised our voices in solemn protest
against what we thought was the
arbitrary and usurpative conduct of
the executive in calling an extra session
of the Senate in direct violation not
of the constitution of the State. l do
believe could get Democratic vote for
even the position of police juror. l have
no claims upon the Democratic party, nor
has it any claims upon me. If man per-
forms his sworn duty as he should, shall
support him, no matter whether he be
black or white, Democrat or Republican.
If he is honest in his motives and earnest
in his actions, shall give him the right
hand of fellowship, stand by him until we
both fall together and, if necessary, sacri-
fee my life in his defense. hope the sub
stitute will be adopted.


Mr.. Ingraham-The Senator from st.
James (Mr. Hunsaker) has accused the