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Semi-weekly Louisianian. (New Orleans, La.) 1871-1872, February 04, 1872, Image 1

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83016631/1872-02-04/ed-1/seq-1/

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 ~ ~ ~ - - ...s 2----L-- - .... . . . ... . .
[he Louisiaani .
1 Thur.,yLi.s aad Sundays.
0 114 ('AoN\DFLET SrREET,
i x Olml.E.ss LA.
: . :I'INt('BACK. O aBLEs,
A \ ANIIlNE, C.rDDo,
Y,,. KELS,.O lDA1E5.
in.G. BROWN,---Editor.
f,-" Ii.s i I StI'ZCIIIPa rIO: ':
Sh. . ....... $500o
S........... 300
... 150
.,ý CSI ... ... ......... 5
(If IiHE
L. r .' 1, ivor to establish another
r.:,: i 'rnal in New Orleans,
t. i: l :',r of the LolSUarAN,
1,r : a necessity which has
S: sometimes painfully
L:r' ..-t In the transition state
o: :I.p ,i.i'. ini their strugglingefforts
. tih.t position in the Body
I .: . whicjh we clnceive to be their
d'...t ir r,.':.r ldi that much infor
L.t -Il,. gcuail.' i'. encouragement,
: x,1l r r f have been lost,'in
. . ,,f the lack of a medium,
; t, h:h- these deficiencies might
S' . We shall strive to make
. L SI iIAN\ a dleuideratum in these
n, t : to indicates, the Lori
.: s shall he " Rep'blican at all
o l ,, ,r all circurnst'aces" We
-..t 1'.,. the security and enjoy
'i 1r,, I ivil liberty, the abslo
, t,, : Al men before the law,
ml I: .:;ip,,trl. I di-tribution of lion
S e to all who merit
:t :Hllaying animosities, of
. ti.,. memory of the bitter
1 a tit ng harmony and union
I _' l.los. and between all in
t " i hIIl advocate the removal
liti,.I lisalilities , foster kind
1- ltl .,rance, where malignity
t-r,..lntuitnt reigned, and seek for
.t.,l jstice where wrong and
p : v:iled. Thus united in
: 1 ,,hjects. we shall conserve
S sts, elevate our noble
S.nible position among
.- . hby the development
resources, and secure
of the mighty changes
and : condition of th,.
? onuntrv.
.t thIr.'e can be no true
.the supremacy of law.
strict and undiscrimi
. trati,,n of justice.
\ X.\TION.
'Iport the doctrine of an
' lin of taxation among
, tithful collection of the
,ilny in thle expendi
:ildly with the exigen
't1 ir Country and the
':- ' very legitimate obliga
". .-tain the carrying out of
i ' of the act establishing
. sihiol system, and urge
l''it tllty the elucation of
Svitally connected with
':!iihtgmentli., anti the seenu
'il:th of a Republican
v, ' ' ,. . manly, independent,
' :'': li 'h.hwnt, we shall strive
'l"ur I',isr, from an ephem
: i''":prary existence, and
": "u", a Ih is, that if we
un, ",t,. " we, shall at all
hLIlier land Ntationer
'" OrlIans, Louisiana.
I know that my hands may be hard and
That my cheeks may be worn and pale,
But my heart is made of a good sound
That will never falter or fail;
And though in the world with my mates I
To share in the battle of life,
I take thee, my girl, by the dainty hand,
As my own, my sweet, bonny wife.
Though never a jewel wreath may span
The curls on thy beautiful brow,
I' pledge thee my heart and troth like a
And love thee forever as now.
And though the bright dreams of love's
sunny prime
Too often the future belie,
The steep hills of life together we'll climb,
And conquer our fate-thou and L
My coat may be poor, my words may be
Yet there's never an ermined king,
r Can offer a queen a present more true
Than mine of a heart and a ring:
That tiny gold link with which we may
Our fortunes in one common bond,
And rear us a home where happiness
May dwell with affection most fond.
What more would we seek ? What more
would we have?
What more could fair nature bestow,
- If, of all her rich gifts we ventured to crave
The richest that mortals may know?
For aye, dear, st girl, shall our wedded love
Flash star-like, atop of our life,
And.never will I a base traitor prove
t To my heart, my home, or my wife.
1 Mr. Ray-I venture to assert that
since the organization of our nation
al government, in 1774, there has
never been an extra session of any
Legislature called during the time
it was m regular session.
Mr. Campbell-The Senator has
not answered my question. I asked
him whether in all his varied and
extensive reading so extraordinary
an occasion as this had ever attract
ed his attention. Now, MIr. Presi
dent, the Governor, in the exercise
of the discretion vested in him by
this article of the constitution, and
in accordance with what I believe is
the almost unanimous judgment of
the people of the State, whether
they be his friends or foes, called an
extraordinary session of the Gener
al Assembly. If he had not done
this; I do not believe his adminis
tration would have lasted more than
twenty-four hours.
dMr. Ray-What is the reason it
would not have lasted twenty-four
hollls '?
Mr. Campbell-Because when the
revolution was fairly in progress
they intended to remove Governor
Warmnoth in some way, one branch
of the conspiracy wishing to put I
George W. Carter in his place, and
the other branch desiring a Demo- I
crane Governor. Some spoke ofI
removing his excellency by assassiin
ation, some by mob violence or a
general calling together of every- I
body, and some by impeachment. r
Mr. Ray-But what is at the bot- t
tomn of this thing ? t
MJr. Cambell-The bottom iswhat t
I have stated; the Senator (Mr. Ray) c
can give his ideas of it afterward. t
The Governor, I say, convened the f
General Assembly in extra session. i
The only point of any importance e
that the Senator can make is that I
tire House and Senate having met (
on that day and adjourned to the a
next day, the Governor could not f
an extra session in the interval. e
Can the Senator point to anything f
in the constitution forbidding it? ii
No; he has no reason for entertain- t
ing such an opinion, and when he s
was asked by a Senator (Mr. Mc- 2
Millen) whether, if something very t
extraordinary should happen in the
interval between the adjournmen, e
and the subsequent meeting, the C
Governor would not have a right to g
call the extra session his reply h
was that the proposition was ab- r
surd. That may be a very easy
way of replying to a proposition, p
but I submit that it is not a very a
powerful constitutional way of dis-ji
posing of legal points. Many things
might have happened during those
twenqy-four hours which would
have justified the Governor in call
ing the extra session. As a Senator
suggested, a fire might take place,
3 the Capitol might be destroyed, a
mob might be engaged in a serious
I riot, an epidemic might suddenly
break out, an invasion might be
made-any of these events would
justify the Governor in calling an
extra session between the hour of
adjournment on one day and the
hour of meeting on the next. The
" Senator may ask, was this such an
extraordinary occasion? We reply
a that the one to judge of that is he
who called the extra session. He
was vested with that power, and he
considered this one of those extra
ordinary occasions which justified
e him in the step he took.
I assert here that of all the ex
traordinary occasions which have
been suggested as justifying the
convoking of the General Assem
bly in extraordinary session, this
cause was the most extraordinary,
the most urgent and most complete
justification of the call. If the Gov
ernor had sat quietly by, looking
on at threatened and actual revo
lution, violence and anarchy, he
would have failed in his sworn duty
as the chief executive of the State
have been criminally derelict in his
care of the public peace and well
being, and been condemned by all
good citizens.
I wish to call the attention of
the Senator also to the fact that the
Legislature was not in session, as
there had not biea a quorum in the
Mr. O'Hara-You say there was
a regular session of the Legislature
called. Now, I would like to know
whether the Senate is in regular or
extra session now ?
Mr. Campbell-The Senate is in
regular session. In that extra ses
sion, according to the journal of the
House, which I hold in my hand,
tifty-five members were present, and
among them were those Repre
sentatives who, as the Senator (Mr.
Ray) admits, had been illegally ex
pelled or unseated at a time when
certain members of the House were
held in duress by the United States
marshal. The House of Repre
sentatives then proceeded, after de
claring the reasons for their action
to declare the seat of Mr. Carter
4cant, and to elect Mr. Brewster
Speaker. That was carried by a
vote of forty-eight to eight, fifty
seven members being present
during the whole extra session, and
that action has been recognized as
valid by the House at subsequent
sessions when from fifty-five to
sixty-six members were present.
Now, the law is that a majority of
the members sitting in the place
appointed by law are the House of
Representatives, and I contend that,
no matter whether the action of the 8
extra session was legal or illegal, it E
was made binding upon the House
by the subsequent ratification of a
regular and legal quorum. I hold t
that if doubts existed even up to I
this day as to the validity of the ac- '
tion of that extra session, the House I
of Representatives could to-morrow
by ratifying, approving and con- t
firming it, make it legal and bind- I
ing, and declare the Speaker then v
elected the legal Speaker of the 5
House. The pretension of Mr. F
Carter that he can go to the Gem c
saloon and act as Speaker, after t
fifty-five or sixty of the regularly a
elected members have removed him a
from that office, is absurd, and had t
it not been for the developmrent of s
this formidable conspiracy in our F
midst, the proposition would not t
have met with any serious considera- 5
tion in the community.
Mr. Ray--Suppose sixty or sev- F
enty members had gone with Mr. f
Carter to the Gem saloon and or- a
ganized themselves, would they not t
have been the legall House of Re- i
presentatives ?
Mr. Oampbell-The constitution £
prescribes the place where theyv
shallmeet. If you had had a ma- i
jority of the Senators on board the ,
s "Wil3erness" or over the Cosmo
e politan club room, I do not think
I you could properly have called
- yourselves the Senate.
r Mr. Ray-You have already said
, that wherever a quorum was col
i lected it constituted the House of
s Representatives.
FMr. Campbell-The Senator mis
e apprehended my argument. I said
I that a majority sitting in the place
prescribed by the constitution was
f the House of Representatives.
Mr. Ray-Then, in your opinion,
it is the place of meeting and not
i the majority of members present
that constitutes the House of Re
presentatives ?
Mr. Campbell-Both are essential
to constitute the House of Repre
sentatives. In other words, in order
to break down the State govern
ment you can not get a majority of
the General Assembly and transfer
them to Concordia parish, or on
board a revenue cutter, to act there
as a Legislature. You must have
them assembled in the locality pre
scribed by the constitution and
where they generally meet.
Mr. Ray-Will you refer me to
any law or constitutional article I
which requires that?
Mr. Campbell-I hold that the
article which requires the Legisla- i
ture to meet at the seat of govern- I
ment covers that fully. It does not
say they can meet at any city or
town or village in the State. It
uses the word "place." This State
House is the regular "place" of
Mr. Blackman-What makes it
so? Was not the bank on Royal
street also the regular place of
Mr. Campbell-The Legislature
agreed to meet there, but until it
does decide to go elsewhere, this is
the constitutional place of meeting.
If you want to go away, there is no
doubt you can go; but you must
declare your intention to do so; you
must pass a law to that effect; you
can not steal away without our
knowing it. The article was placed
in the constitution for the purpose
of preventing a mere majority from
stealing away and organizing else- '
where and transacting businessl
while the minority are looking for
Mr. Sypher-Suppose the State
House should burn down to-night ; t
where would we meet to-morrow ?
-right here ?
Mr. Campbell-There should be
a law passed by the Legislature u
providing for the removal. Now,
as to the right of the Governor tq
call the extra session. I under
stand that the Supreme Court has d
laid down the doctrine that "a legis
..t ve body is competent to enact t
any legislation not prohibited by
the constitution." I ask the Sena
tor from Ouachita (Mr. Ray) to
point out to me in the constitution
anything which prohibits the Gov
ernor from calling an extra session
of the General Assembly. d
Mr. Blackman-The executive is a
not a "legislative body." Our com- I
plaint is that he is assuming pre- g
rogatives which the legislative de- 4
partment can alone exercise.
Mr. Campbell-Show me an ar- I
ticle in the constitution which pro
hibits the Legislature from con- .
vening when so called in extra ses- h
sion by the Governor, or which
prescribes that when convened or f
organized under such a proclama- i
tion it is not a legal Legislature a
and can not enact laws. The Sen- c
ator (Mr. Ray) made the point yes- 4
terday that the Governor had no t
such power because it was not es- c
pecially give to him in the consti- h
tution. I ask where does the con
stitution forbid it ?
Mr. Ray-The Governor has no y
powers except those specially con- t
ferred upon him in the constitution
and laws of the State. The Legis- i
lature, on the contrary, is only (
limited by the prohibitory clauses i[
of the constitution. Article sixty- c
four is the only authority under t
which his excelleney can act in call- d
ing an extra session of the General k
Asembly. :r
Mr. Campbell-But when the
k Legislature has convened under the
3 proclamation and is recognized by
the Governor would not any action
I it may take be legal and binding ?
Mr. Ray-They can not ratify
f the action of an executive officer
which has not been performed in
- accordance with the constitution.
1 Mr. Campbell-That brings the
proposition down to the naked
i question, where the discretion of
deciding what is an extraordinary
occasion sufficient to justify a called
t session is vested. I hold that it is
exclusively vested in the Governor.
Mr. Ray-I say that the General
Assembly can not convene except at
I the time prescribed by the consti
tution, or unless it is called together
by the Governor could not call an
extra session, and, any meeting
of the Legislature, except at the
regular time, would be illegal
Mr. McMillen-I understand the
Senator from Onachita (Mr. Ray)
to concede the point that the Gov
ernor has a right to call the General
Assembly together in extra session.
Mr. Ray-Yes, but not while the
General Assembly is in regular
Mr. McMillen-The General As-I
sembly was not in session. The E
Governor had received no official c
notification to that effect.
Mr. Blackman-The position I 1
take is this: The constitution pro
vides that the General Assembly
may remain in session sixty days,
and that neither House shall adjourn I
for a longer time than three days
without the consent of the other. c
I maintain that we are in continual I
sessi.on during the sixty days, and I
that our adjournments from day to B
day are merely recesses, unless both
houses decide to adiourn.
Mr. Campbell-I can not see any i
potency in that argument. I con
tend that whatever might have been
the illegality or unconstitutionality 1
of the extra session, the fact that a
quorum of the House of Represen
tatives, sitting in regular session,
afterward ratified and confirmed the
action of that extra session, makes I
it legal and binding. Senators will
remember that while the English I
Parliamnnt was in session, in the c
reign of Chales I., and a discussion °
was in progress in relation to the
levying of tonnage and poundage,
the King sent in his writ prorogu
ing or dissolving Parliament. The
question pending was whether the
resolution should pass, making an
inquiry into the disposition of the
money thus collected by the King,
and just asthe Speaker of the House
of Commons, Sir John Finch, had t
declared that he had received the p
King's command and was leaving
the chair, two members stepped up C
and, laying violent hands upon him,
forcibly declared him in his seat A
until the resolution passed. Al- h
though those two men were impris- it
oned in the Tower for their revolu- *
tionary conduct, yet no one ever a
doubted the legality of the passage tl
of that resolution. Whatever the s
House agrees to and afterward con- B
firms is legal and binding no mat- t
ter whether the original action was tl
performed in a revolutionary man- S
ner. . . P
Mr. Thompson--I will ask the e
Senator whether he does not refer a
to the rump parliament ?1
Mr. Campbell-The Senator has t
forgotten his history; this occurred 8
before the days of the rump parlia- E
ment. Now, Mr. Preeident, to con- d
clude; I charge that the most dan- I
gerous part of this conspiracy was
the complicity of the Federal off- i
cials here. Iask theSenators who
have had an opportunity of know- t
ing, whether the United States
government sanctions or in any
way countenances the action of
these offcials here in interfering
with the affairs of the State govern- c
ment and in using the processes of t
their courts and their official power o
in aiding to overthrow the regularly
constituted State authorities. If a
the Prmesident of the United States a
does not know these fat, I hope
he will be informed of them by a .
resolution of the General Assembly,
e so that the people of the United
a States may apk him whether, when
f the occasion arises, he will coun
i tenance such action on the part of
P his appointees elsewhere. If Mr.
r Grant, through his appointees, can
r come into the legislative depart
ment of a State government, and,
by the use of such means as have
been used in this city, secure its
overthrow, I say there is no reason
in the world why he can not revo
lutionize every State government in
the Union. If, he sits in his chair
at Washington, after listening to
the statement of these facts, and
does not say openly and above
board, to the people of the United
States, that he does not approve of
the conduct of his officials here, I
charge that he did know of it, did
approve of it, and did desire that
his appointees should act as they
have acted.
If Senators, after having witnes
sed these monstrous wrongs, do not
state to the people of the country,
in their Senatorial places, that they
disapprove of and condemn them, 1
they will simply be placing into the I
hands of a terrible power a club -
which some day will be used to
break their own heads. I tell you, !
gentlemen, that a more centralized,
despotic power has never yet been 1
known in the history of the world
than that which is slowly but sure
ly accumulating in the hands of the
federal government. In every way c
in its power, by supporting one s
faction at one time and another
faction at another time, by the use
of all those means which history
teaches us men use in order to gain
power, the federal government is
gradually and stealthily working
for the attainment of that end. I
ask Senators, no matter what their
political views, to observe how the
officials of the United States gov
ernment-United States marshals, P
United States co'lectors, United
States army officers--by the pro- b
cesses of United States courts, have c
undertaken to revolutionize our "
State government. I say that the Y
people of this State and country `
would indorse a manly, outspoken
protest on our part against the
outrageous and violent interf,rence
of the United States government in j
the affairs of this General Assembly. -
I have not anything further to say
upon this subject. As I said before, N
the whole question is as to whether
there were good reasons for calling
the General Assembly together in
extra session, and I think no un
biased person, cognizant of the real
facts of the case, will pronounce N
the Governor's action in that res
pect unnecessary or unjustifiable.
Mr. Sypher-The Senator from
Orleans (Mr. Campbell) thought he
"smelt a mice" when that paper
was presented yesterday, but after
hearing it read, and thinking over
it, he came to the conclusion that it
was not so bad as it appeared to be
at firet. The only thing I regret is
that I have not an opportunity to
sign it again. The gentlemen ar
gues, and with great force, too, that
the Governor had a right to call the
the extra session. Of that I shall "
not say anything. As far as I am I
personally coneerned I am trying to
cary out the desires and wishes of
my constituents, and I do not want
the Senator from the Second Dis
triot (Mr. Campbell), nor any other
Senator, nor the executive of the B
Statre, to dictate to me how I shall a
do so. I am in constant corree
pondenee with some of my constitu
entS, and I am stisfied I am earry
ing out their instructions. I hear o
a great deal of talk about the Uni
ted States officials, and I think they
have taken*a little more rope than a
they ought to have had. These late
ocoarrences, however, were not the
commencement of this fight. It -
commenced in 1868, when our dis
tinguished late Lieutenant Govern
or, Oscar J. Dunn, was elected Pre- A
sident of the State Central Com- E
mittee. Some of the parties who1'
are now acting with the Governor
denouceed him thenL My otset ir
reform, and that has been theery
[aemms as m vm esa] C
.* Squares Iel 2 mos3 mos o ion 1 yr
One i7 $9 $12 $20
I Two 7 9 12 20 33
Three 9 12 20 35 :0
Four 15 25 3 5 50 70
1 Five 20 3 45 60 85
Six 24 42 50 70 100
1 Columa.n 45 80 190 175 250
Transient advertisements, $150 per
square firt insertion; each subsequent
insertion, 75 eents.
All business aoioes of advertitements
to be charged twenty cents per line each
insertic n.
Ion Parim executed with neasese
and dispatch.
Wedding Card. executed in aeeordaame
with predlg fashions.
Funeral Notices printed on shortest no
tiee and with quickest dispatch.
W Circulars, Programmes.. Genera
Business Cards, Posters, etc., etc., guar
anteed to give general satiswction to all
who may wish to secure our services.
26 St Chiirlee Street 26
New Orleans.
Prompt attention given to av
business in the several courts of the
No. 9 Commnercial Place, 2nd Floor,
New Orleans.
A, Strict Attention to all Civil and
Criminal business in the State and United
States Court.
J. E. Wallace,
A&.ttora ey at Z.asw,
Dr. ~T. Sioe,
omcs 69 cAxAL. sr., xixa PosromIcr.
A graduate from the University of Coo
penhagen,.Denmark, and honorary M. D.
from the University of Padova, Italy; for
several years assistant physician to the cele
brated Prof. Ricord, Paris. D1L BILLE
has acquired a high reputation as SPE
CIALIST for all kinds of Sexual diseases,
male and female. Private diseases cured
after a new, sure and quick method.
Painful and Retained Menstruation
quickly relieved. Perfect cure always
warranted. Letters containmng $5 and
stamps will receive prompt attention. All
consultations and communications strictly
confidential. jan18-6m
orencE, NO. 120 COxiiO. STB-Er.
New Orleans, New York, Liverpool
London, Havre, Paris, or
Bremen, at the option
of the insured.
a CARRIERE, Vice-President.
J. P. Roux, Secretary.
Chartered by the United States
Government, March,
D. L. EATON .... Act(ary.
114 Caronmdelet Street.
Bank Hours..........9. . i.to 3 r.m.
Saturday Night........ 6 to o'elek
The nademinned notiam the Pablie
of the etabli ent of a
at No. 129 Polymnia Street, near Dry
ads Street, where orders will be
tmankfnuly reodved and _pt y at
tended to. O. B. BOUDEZ,
8m New Orleans, Dec. 18, 1871.
17......CHARTRES STREET......17
ABBOUSSEAU & CO., Impar and
DealmatWhledse nd Ret~ail, osr at
low proces ;
lIron oIL G.a
Curtain amd Upholgbagss' Mad

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