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Brevier Legislative Reports, Volume VOLUME FIFTEEN., 1875, 102 pp.
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MILITARY USURPATIONS IN LOUISIANA.

On motion of Mr. HAVENS, his joint resolution [H. R. 1] was taken up and considered on its final passage.

Mr. TRUSLER demanded the previous question, but withdrew it for -

Mr. HAVENS, who said he took the floor in no spirit of spread-eagleism. A great deal that has been said here, such as the charge of wasting the time of the House he would not stop to answer. But there were some things in the debate on this resolution the other day which he desired to set himself right about. The gentleman from Montgomery, (Mr. Kennedy,) was eloquent in praise of his party, boasting that they had feed four millions of slaves. Then the gentleman went off to Kansas to notice the dispersion of an unlawful assembly there, as a parallel to this in Louisiana, and the gentleman also asked Mr. H. where he stood when he was elected here. His position then and now were the same on such a question, as the resolution contemplates. It is his position that when the President of the United States sends his armed soldiery to disperse a State Legislature, he does an infamous thing, and ought to be impeached for it. At the time of the military interference to which the gentleman referred, Kansas was not a State, but a territory. There was a Territorial Legislature called at Lecompton, but the pretended State Legislature to which the gentleman referred, was held out somewhere else. It was an unlawful assembly that President Pierce dispersed - a pretended State in a Territory. But in Louisiana, it is the case of a State with original rights. The gen- page: 49[View Page 49] tleman compares the breaking up of an unlawful attempt to usurp the functions of a State Government in a Territory, with the act of military interference with the Legislative authority of a State by turning certain of its members out of their places.

Another gentleman said that the Speaker of the House in Louisana was himself first to call for the interference of the military. The fact was that the Speaker asked that military officer to go to the mob in the lobby and disperse them, as they ought to have been, for the disturbance they were making; and that mob in the lobby was comprised of Republicans - political friends of the gentleman. The President had no right to inquire into the legality of the election of members there.

Let gentlemen meet us fairly on this question as to the right of the military arm to go into a Legislative body and declare as to who shall be entitled to seats there. Let them not talk about loyalty and the spirit of rebellion. For two years the Congress of the United States has been afraid to face this question. For two years the people of Louisiana have borne the oppression of a pretended government which has been thrown upon them by military force. Let not gentlemen drag out and hold up any more those bloody-bones and shake them in the faces of the people. The question is simply whether the Federal Government has the right to forcibly enter the Legislative halls of a State, and unseat its members; and it cannot be covered up by any side issue. The time is past, to drag in questions in regard to the war, and slavery and violence, and lawlessness in the South on all occasions. Admit that there have been ugly scenes and bad actions in Louisiana - that has nothing to do with the present question. The responsibility for the most of these must forever rest with the minority of this House, and their friends.

Mr. KENNEDY of Morgan replied. It was not claimed anywhere that the Legislature of Louisiana was organized under the laws and constitution of that State. Then what is the condition of things? It must be that that body was organized in the spirit of revolution. Dibble's letter asserts that for the last two years there has been no government in the State of Louisiana - that they were in a state of revolution. Then what was the duty of the Federal Government? It was to put down revolution. And what was done to the men that were forced into that Legislature by revolution as members of it, was right. A man went in there, assuming the Speaker's Chair, when he had no authority to do so; and a number of members left and attempted to organize another Legislature. It would be a similar' case, if such a thing were done in the Legislature of Indiana, if a minority of the members here had unlawfully proclaimed a Speaker in defiance of the lawful authority to organize this House. Such an attempt would have been a revolutionary and riotous act It is true that Dibble concludes in his letter, that there has been no fair election in Louisiana; and if gentlemen will read both sides they cannot avoid coming to the same conclusion. As for himself he would like to get upon middle ground on this question - get out of the way of both sides. Democrat papers charge the wrong upon the Republicans, and Republican papers charge the wrong upon the other party. Doubtless both may be wrong; but where there is so much smoke there must be some fire. Gentlemen here should be careful not to do injustice. We cannot pass this resolution without bringing upon ourselves a very grave responsibility. And after all, what signifies a party in the comparison with the good of the country? If the party or the Country is to be sacrificed, he would say at all times: Let the party be sacrificed.

Mr. TRUSLER now insisted upon the demand for the previous question, and there was a second: and the main question, Shall the joint resolution pass? being ordered and taken resulted - yeas 59, nays 37 - as follows:

Those voting in the affirmative are Messrs

  • Arnold.
  • Barney.
  • Bellows.
  • Bence.
  • Brown, of Jasper.
  • Brown, of Rush.
  • Burson.
  • Oaldwell.
  • Cantley.
  • Collins.
  • Crane.
  • Davidson.
  • Davis.
  • Edwards.
  • Emerson.
  • Evans.
  • Gilbert.
  • Gossman,
  • Harris, of Madison.
  • Havens.
  • Haynes.
  • Heller,
  • Hendersom,
  • Hopkins.
  • Horn.
  • Johnson, of Carroll.
  • Johnson, of Dearborn.
  • Keightley.
  • Law.
  • Martin, of Franklin.
  • Martin, of Wells.
  • Marvin, of Boone.
  • Meginity.
  • Miller, of Parke.
  • Miller, of Vanderburg.
  • Montgomery.
  • McCord.
  • McFaddden.
  • McMichael.
  • Nash.
  • Osborn.
  • Pate.
  • Pattersen.
  • Piatt.
  • Ramsey.
  • Reddick.
  • Reno.
  • Romine.
  • Roseberry.
  • Shaw.
  • Snyder.
  • Taylor, of Daviess.
  • Thompson, of Marion.
  • Walz.
  • Washburn.
  • Waterman.
  • Willett.
  • Williams, of Brown.
  • Speaker. - 59.

Those voting in the negative are Messrs.

  • Ames.
  • Anderson.
  • Bearss.
  • Charters.
  • Clark.
  • Crumpacker.
  • Dale.
  • Darnall.
  • Favorit.
  • Forkner.
  • Fulk.
  • Harper.
  • Harris, of Wayne.
  • Heighway.
  • Jackson.
  • Kennedy, of Montg'y.
  • Kennedy, of Morgan.
  • Leeper.
  • Lincoln.
  • Morgan.
  • Pfaflin.
  • Ratliff.
  • Ragan.
  • Reeder.
  • Ribble.
  • Shaffer.
  • Shortridge.
  • Smith.
  • Taylor, of Tipton.
  • Thomas.
  • Thompson, of Henry.
  • Trusler.
  • Twybell.
  • Williams, of Lawrence Lanham.
  • Woody.
  • Wynn. - 37.

Absent and not voting, Messrs.

  • Marvin, of Fountain.
  • Glasgow.
  • Kennedy, of Marion.
  • Shugart.

So the joint resolution was passed the House of Representatives, and it was ordered that the Clerk acquaint the Senate thereof.

Mr. TRUSLER presented the petition of sundry citizens of Union county for a reduction of the pay of State and County officers, and for amendment of the assessment law, by restoring that repealed by the present law, which was referred to the committee on Fees and Salaries.

Mr. BURSON, Mr. SHAFFER, Mr. FORKNER, and Mr. RATLIFF, presented temperance petitions.

On motion of Mr, HELLER, it was

Resolved, That the clerk of the House be requested to furnish 200 copies of a list of the standing committees of the House.

Mr. REEDER submitted a resolution instructing the committee on public buildings for a Hospital for the incurably insane, which was referred to the committee on Benevolent and Scientific Institutions.

Mr. SHAW submitted a preamble and resolution declaring opposition to any increase to the court circuits, and the salaries of the Judges, which was referred to the committees on the organization of Courts of Justice.

On motion of Mr. HELLER, it was

Resolved, That we heard with great pleasure the able and exhaustive message of the Governor on Friday last, and whilst there may be those who will not indorse it all, we do indorse the same as unsurpassed by anything of the kind in the State of Indiana.

On motion of Mr. DALE, it was

Resolved, That a committee of three be appointed by the Speaker to inquire and report to the House, the number of attachees for the service of the House, and whether in their opinion their number may not be reduced without detriment.

Mr. FORKNER moved ineffectually for the reconsideration of Mr. Kennedy, of Montgomery's resolution for a committee of five to inquire into the expenses of the Judicial system.

Mr. CRUMPACKER introduced a bill [H. R. 93] to amend section 7 of the act of March 6, 1865, to amend the second section and to amend section 5 and 6 of the act to provide for the election of a reporter of the Supreme Court, and the speedy publication of the decisions of the Supreme Court, etc.; also, to'amend the 76th section of the act for the election of a Reporter to the Supreme Court, approved February 15, 1852.

Mr. THOMAS submitted a preamble and resolution, requesting the chairman of the committee on Fees and Salaries to cause that committee to proceed at once to the consideration of the different bills referred to that committee in reference to the compensation of members or the General Assembly, and report as soon as practicable; also, that the bill which they report shall have a clause for emergency.

Mr. DARNALL, (stating that it looks too much like an impeachment of the committee) moved that it be referred to the committee on Fees and Salaries.

Mr. HELLER moved ineffectually to lay it on the table - decided by yeas 5, nays 57.

The preamble and resolution was then referred.

Mr. RAGAN presented a temperance petition by citizens of Hendricks county. The House then took a recess till two o'clock, p. m.

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