• 12
JOURIST^lL
OF
THE SENATE
OF THE
it
STATE OF LOUISIANA.
1—"•—
EXTRA SESSION, NOVEMBER S3, 1865.
I
■ ' ' x •'
N&W OKJLJEAN^:
J. 0. NIXON, STATE E11 IN TEE.
1865.
JOURNAL OF THE SENATE
of the
STATE OF LOUISIANA.
Thursday, Nov. 23,18G5.
On this, the twenty-third day of November,
A. D. 1865, the day'set apart by his Excellency,
James Madison Wells, Governor of the State of
Louisiana, for the meeting of an extra session of
the Legislature of this State, in pursuance to the
following proclamation, to-wit:
Whereas, The gravest interests of the State de¬
mand the presence of a Senatorial delegation in
Congress on its assembling; and,
Whereas, The safety, prosperity and happiness
of the people and country lying upon the banks of
the Mississippi powerfully appeal for protection
from inundation and its destructive consequences,
and the public creditor, generously and honorably
forbearing for so long a period on the postpone¬
ment of his just demands, looks for relief.
Now, therefore, I, J. Madison Wells, Governor of
the State of Louisiana, do issue this my procla¬
mation, declaring that an extraordinary emergency
requires the convening of the General Assembly
of the State for the transaction of business at the
city of New Orleans, on Thursday, the 23d day of
November inst., and I do convene it accordingly,
and do hereby notify all those members of the
General Assembly elected on the 6th of Novem¬
ber, and those Senators who hold over, according
to law, to assemble at the time and place above
mentioned.
Given under my hand and the seal of the State,
at.the city of New Orleans, this 10th day of No¬
vember, 1865, and of the Independence of the
United States, the ninetieth.
J. MADISON WELLS,
Governor of Louisiana.
The Senate assembled in the Senate Chamber,
at the Mechanics' Institute, in the city of New Or¬
leans, at 12 o'clock m., and were called to order by
the Hon. Louis Grstinel, President of the late
Senate.
The hereinafter named Senators were present
from the following Senatorial Districts, to-wit:
The parishes of Plaquemines, St. Bernard, and
all that part of the parish of Orleans on the right
bank of the Mississippi river, Mr. John Brownlee.
All that portion of the parish of Orleans lying
on the left bank of the Mississippi river, including
the First and Fourth Districts of the City of New
Orleans, Messrs. John Purcell, Robert Bradshaw
Bell, Marcellus A. Foute, John Finney apd Peter
George Mohan; and the Second and Third Dis
tricts of said city, Messrs. Michael Dayball Kav-
anaugh, Louis Duvignaud, William Alexander Gor¬
don and John M. Lapeyre.
The parish of Jefferson, Mr. Victor Burtlie.
The parishes of St. Charles and Lafourche, Jo¬
seph Nicolas.
The parishes of St. John the Baptist and St.
James, St. Maurice Berault.
The parishes of Ascension, Assumption and Ter¬
rebonne, Mr. Duncan F. Kenner.
The parish of Iberville, Mr. Wm. Brown.
The parish of East Baton Rouge, Mr. John Ma¬
cartney Taylor.
The parishes of West Baton Rouge, Point Cou¬
pee and West Feliciana, Messrs. Robert James
Barrow and Ebenezer Cooley.
The parish of East Felicinia, Mr. George W.
Munday.
The parishes of Washington, St. Tammany, St.
Helena and Livingston, Mr. Thomas Cargil Warner
Ellis.
The parishes of Concordia and Tensas, Mr. Au¬
gustus Trusk Welch.
The parishes of Natchitoches, DeSoto, Caddo
and Sabine, Mr. Anson Wood.
The parishes of Rapides and Avoyelles, Mr. John
Kelso.
Mr. Kenner objected to the Senate being pre¬
sided over by the Hon. Louis Gastinel, on the
ground that the term of office for that gentleman,
as Senator from the parish of Orleans, having ex¬
pired with the last session, he was no longer a
member of this body.
The Hon. Louis Gastinel stated to the Senate
that he took the Chair for the purpose of calling
the Senate to order, and if it was not the desire of
the Senate that he should preside over its delibera¬
tions, he was ready to withdraw, and thereupon
vacated the Chair.
On motion of Mr. Munday, the Hon. Victor
Burthe, of Jefferson, was called to the chair.
On motion of Mr. Finney, the oath of office was
administered by the Secretary to the following
newly elected Senators, to-wit: Messrs. Barrow,
4
JOURNAL OF
Burthe, Berault, Cooley, Duvignaud, Ellis, Foute,
Finney, Gordon, Kelso, Kenner, Lap eyre, Mohan,
Munday, Taylor and Welch.
ELECTION OF OFFICERS.
On motion of Mr. Duvignaud, the Seuate pro¬
ceeded to the election of its President.
Mr. Kenner nominated the Hon. Victor Burthe,
of Jefferson.
On a call of the roll it appeared that Messrs.
Barrow, Bell, Berault, Brown, Brownlee, Cooley,
Duvignaud, Ellis, Finney, Foute, Gordon, Kelso,
Kenner, Lapeyre, Mohan, Munday, Nicolas, Pur-
cell, Taylor and Welch,twenty Senators, voted for
the Hon. Victor Burthe, consequently he was
unanimously elected President of the Senate.
On motion by Mr. Munday, the Senate proceeded
to the election of its Secretary.
Mr. Taylor nominated Col. H. B. Kelly, of New
Orleans.
Mr. Brownlee nominated Mr. John E. Neelis, of
New. Orleans.
Mr. Duvignaud nominated Mr. William F. Wag¬
ner, of New Orleans.
Mr. Lapeyre nominated Mr. Emile Wiltz, and
Mr. Barrow nominated Dr. V. 0. King, of Avoy¬
elles.
On a call of the roll the following was the result
of the vote, to-wit:
Messrs. Bell, Brown, Brownlee, Nicolas, Purcell
and Wood—0 Senators, voted for Mr. John E.
Neelis.
Messrs. Ellis, Finney, Kenner, Mohan, Munday
and Taylor—C Senators, voted for Colonel H. B.
Kelly.
Messrs. Barrow, Cooley, Kelso and Welch—4
Senators, voted for Dr. V. 0. King.
Messrs. Duvignaud, Foute and Gordon—3 Sen¬
ators, voted for Mr. William F. Wagner.
And Messrs. Berault, Burthe and Lapeyre—3
Senators, voted for Mr. Emile Wiltz.
There being no election, the Senate proceeded
to a second ballot.
On a call of the roll the following was the result,
to-wit:
Messrs. Bell, Brown, Brownlee, Nicolas, Pur¬
cell and Wooil—G Senators, voted for Mr. John E.
Neelis.
Messrs. Ellis, Finney, Foute, Kenner, Mohan,
Munday and Taylor—7 Senators, voted for Colonel
H. B. Kelly.
Messrs. Barrow, Cooley, Kelso and Welch—4
Senators, voted for Dr. V. 0. King.
Messrs. Berault, Burthe, Gordon and Lapeyre,
four Senators, voted for Mr. Emile Wiltz, and Mr.
Duvignaud voted for Mr. William F. Wagner.
There being no election, the Senate proceeded
to a third ballot.
Mr. Duvignaud withdrew the name of Mr. Wil¬
liam F. Wagner, and Mr. Lapeyre withdrew the
name of Mr. Emile Wiltz.
On a call of the roll the following Was the resfllt
of the vote, to-wit:
Messrs. Berault, Burthe, Cooley, Duvignaud,
Ellis, Finney, Foute, Gordon, Kenner, Lapeyre,
Mohan, Munday, Taylor and Welch—14 Senators
voted for Col. H. B. Kelly.
Messrs. Bell, Brown, Brownlee, Nicolas, Purcell
and Wood—G Senators voted for Mr. John E.
Neelis.
And Messrs. Barrow and Kelso—2 Senators voted
for Dr. V. 0. King.
Col. H. B. Kelly, having obtained the requisite
majority, was declared by the President duly
elected Secretary of the Senate, and whereupon
he was sworn in by the Secretary.
On motion of Mr..Munday, the Senate proceeded
to the election of its Assistant Secretary, and he
nominated Mr. Oscar Arroyo, of Plaquemines.
Mr. Cooley nominated Capt. Bouanchard, of
Point Coupee.
And Mr. Nicolas nominated Capt. L. C. Wester-
field of New Orleans.
On a call of the roll it appeared that Messrs.
Brownlee, Bell, Brown, Burthe, Foute, Gordon,
Kelso, Kenner, Lapeyre, Mohan, Munday, Purcell,
Welch and Wood, 14 Senators, voted for Mr. Oscar
Arroyo.
Messrs. Barrow, Berault, Cooley, Duvignaud,
Ellis, Finney, Taylor, 7 Senators, voted for Capt.
A. Bouanchaud.
And Mr. Nicolas voted for Mr. L. C. Westerfield.
Mr. Oscar Arroyo having obtained the requisite
majority, was declared by the President duly elect¬
ed Assistant Secretary of the Senate, and thereupon
took'the oath of office.
On motion by Mr. Munday. the Senate proceed
to the election of a Sergeant-at-Arms.
Mr. Cooley nominated Col. Samuel F. Marks, of
New Orleans.
Mr. Duvignaud nominated Mr. Berlin Cluldres, ofj
Avoyelles,
And Mr. Kenner nominated Mr. Florain Davis, of
New Orleans. r
On the call of the roll the following was the re¬
sult, to-wit:
Messrs. Burthe,"Berault, Duvignaud, Ellis, Fin¬
ney, Kelso, Lapayre, Munday, Nicolas and Welch,
10 Senators, voted for Mr. Berlin Chilclres.
Messrs. Brownlee, Bell, Cooley, Purcell, Taylor
and Wood, G Senators, voted for Col. Samuel F.
Marks.
And Messrs. Barrow, Foute, Kenner and Mohan
voted for Mr. Florain Davis.
None of the candidates having obtained the
requisite majority, the Senate proceeded to a sec¬
ond ballot, which gave the following resnlt, to-
wit :
Messrs. Brown, Berault, Duvignaud, Ellis, Foute,
Finney, Gordon, Kelso, Mohan, Munday, Nicho-
THE SENATE.
5
las, Pur cell and Welch, thirteen Senators, voted
for Mr. Berlin Childres.
Messrs. Brownlee, Bell, Burthe, Cooley, La-
peyre and Taylor, six Senators, voted for Colonel
Samuel F. Marks;
. And Messrs. Barrow and Kenner, two Senators,
voted for Mr. Florian Davis.
None of the candidates having received the
requisite majority, the Senate proceeded to a third
ballot.
Mr. Florian Davis' name having been withdrawn,
the following was the result of the vote, to wit:
Messrs. Barrow, Berault, Brown, Duvignaud,
Ellis, Feute, Finney, Gordon, Kelso, Kenner, Mo¬
han, Munday, Nicolas, Purcell and Welch, fifteen
Senators, voted for Mr. Berlin Childres.
Messrs. Brownlee, Bell, Burthe, Cooley, La-
peyre and Taylor, six Senators, voted for Colonel
Samuel F. Marks.
Mr. Berlin Childres having obtained the requisite
majority, was declared duly elected Sergeant-at-
Arms of the Senate, and was sworn in as such.
On motion by Mr. Munday, the Senate proceeded
to the election of a Doorkeeper.
Mr. Duvignaud nominated Mr. Edmond Berton-
niere, of New Orleans.
Mr. Brownlee nominated Mr. Chas. Baumbach,
of New Orleans.
Mr. Taylor nominated Mr. Wm II. Toler, of New
Orleans.
Mr. Finney nominated W. B. Tainturier, of New
Orleans.
On a call of the roll, the following was the result
of the vote, to wit:
Messrs. Barrow, Burthe, Berault, Cooley, Duvig¬
naud, Ellis, Foute, Kenner, Lapeyre and Mohan, ten
Senators, voted for Mr. Edmond Bertonniere.
Messrs. Brownlee, Bell, Brown, Gordon, Kelso,
Nicolas, Purcell and Wood, eight Senators, voted
for Mr. Charles Baumbach.
Messrs. Munday, Taylcfr and Welch, three Sena¬
tors, voted for Mr. William H. Toler.
And Mr. Finney voted for Mr. Louis Taintu¬
rier.
None of the candidates having recieved the re¬
quisite majority, the Senate proceeded to a second
ballot, which gave the following result, to wit:
Messrs. Barrow, Burthe, Berault, Cooley, Duvig¬
naud, Foster, Finney, Gordon, Kenner, Lapeyre,
Mohan, eleven Senators, voted for Mr. Edward Ber¬
tonniere.
Messrs. Brownlee, Brown, Kelso, Nicolas, Pur¬
cell, and Wood, six Senators, voted for Mr. Charles
Baumbach.
Messrs. Ellis, Munday, Taylor and Welch, four
Senators, voted for Mr. William H. Toler.
And Mr. Bell voted for Mr. Louis Tainturier.
None of the candidates having received the requi¬
site majority, the Senate proceeded to a third bal¬
lot, which gave the following result, to wit:
Messrs. Burthe, Berault, Duvignaud, Foute, Fin¬
ney, Gordon, Kenner, Lapeyre, Mohan and Mun¬
day, ten Senators, voted for Mr. Bertonniere.
Messrs. Brownlee, Brown, Kelso, Nicolas, Pur¬
cell and Wood, voted for Mr. Charles Baumbach.
Messrs. Barrow, Cooley, Ellis, Taylor and Welch,
voted for Mr. William H. Toler, and Messrs. Bell
and Foute, two Senators, voted for Mr. Louis Tain¬
turier.
None of the candidates having received the requi¬
site majority, on motion by Mr. Munday the two
last named candidates were withdrawn, and the
Senate proceeded to a fourth ballot, which gave the
following result, to wit :
Messrs. Barrow, Burthe, Berault, Cooley, Duvig¬
naud, Ellis, Foute, Finney, Gordon, Kenner, La¬
peyre, Mohan, Munday, Taylor and Welch, iifteeu
Senators, voted for Mr. Edmond Bertonniere.
And Messrs. Brownlee, Bell, Brown, Kelso, Nico¬
las, Purcell and Wood, seven Senators, voted for
Mr. Charles Baumbach.
Mr. Edmond Bertonniere having received the re¬
quisite majority, was declared duly elected Door¬
keeper of the Senate, and was sworn as such.
On' motion by Mr. Munday, the appointment of
Postmaster, Pages, and Assistant Sergeant-at-
Arms, if necessary, were left to the presiding offi¬
cer.
Mr. Taylor presented the memorial of John Nel¬
son, a loyal citizen of the State of Louisiana and of
the United States, and a resident of the parish of
Lafourche, claiming his seat as Senator from the
District composed of the parishes of Lafourcli and'
St. Charches, which was ordered to lie over.
Mr. Barrow presented a telegram addressed to
his Excellency the Governor of this State by
Messrs. M. George Williamson and L. M. Nut'c,
Representatives elect from the parish of Caddo,
suggesting an adjurnment of the General Assembly
until the first Monday of December next, to enable
the members from the northern part of the State
to reach the city.
Pending the consideration of which, on motion of
Mr. Kenner, the Senate adjoured until to-morrow
at 12 o'clock jr.
HENRY B. KELLY,
Secretary of the Senate.
Friday, November 24, 18GA
The Senate met pursuant to adjournment.
Present, the Hon. Victor Burthe, President of
the Senate, in the Chair.
Messrs. Anderson, Barrow, Bell, Brown, Brown¬
lee, Berault, Cooley, Coco, Duvignaud, Ellis, Foute,
Finney, Gordon, Kavanaugh, Kelso, Kenner, La¬
peyre, Mohan, Munday, Nicolas, Purcell, Palfrey,
Taylor, Welch, Wilcoxon and AVood—27 Sena¬
tors.
The journal of yesterday was read and ap¬
proved.
6
JOURNAL OP
On motion by Mr. Kenner, the oath of office was
administered to the following named duly elected
Senators, to-wit:
Mr. Adolphe D. Coco, representing the district
composed of the parishes of Avoyelles and
Rapides.
Mr. William T. Palfrey, representing the district
composed of the parish of St. Mary.
Mr. Thomas C. Anderson, representing the dis¬
trict composed of the parishes of St. Landry, La¬
fayette and Calcasieu.
Mr. Henry H. Wilcoxon, representing the district
composed of the parishes of St. Martin and Ver¬
milion.
On motion by Mr. Munday, the oath of office
was administered by Mr. William T. Palfrey to the
Hon. Victor Burthe, the duly elected President of
the Senate.
On motion by Mr. Foute, ordered that for the
time being, the rules of the Senate for the year
1860 be adopted as the standing rules of the
Senate.
On motion by Mr. Duvignaud, ordered that the
33d Rule of the Senate, providing for the appoint¬
ment of the standing committees of the Senate
within two days from the beginning of the session,
be suspended until Monday next.
The President stated that by virtue of the mo¬
tion adopted by the Senate on yesterday, he had
appointed Mr. T. Nolan as Postmaster, and Mas¬
ters J. H. Bell and H. McDonnell as Pages of the
Senate.
resolutions.
Mr. Foute submitted the following resolution,
which was considered, by unanimous consent, and
agreed to:
Resolved, That the President of the Senate be
requested to invite the clergymen of the different
churches of the city of New Orleans to open the
proceedings of the Senate with prayer.
Mr. Mohan submitted to the Senate the following
resolution, which was considered, by unanimous
consent, and agreed to:
Resolved, That a committee of three members
be appointed by the President, to prepare and re¬
port rules and orders for the government of the
Senate.
Whereupon the President appointed on said
committee Messrs. Mohan, Foute and Taylor.
Mr. Kenner submitted to the Senate the follow¬
ing resolution, which was considered by unanimous
consent and agreed to :
Resolved, That the Secretary inform the House
of Representatives that the Senate is now organ¬
ized by the election of the Hon. Victor Burthe, of
Jefferson, as President, and H. B. Kelly as Secre¬
tary, and (the House concurring) have appointed
three members of the Senate and members
of the House to wait upon the Governor, to inform
him that the two Houses of the General Assembly
are organized, and are ready to receive any com¬
munication he may have to make.
"thereupon the President appointed Messrs.
Kenner, Palfrey and Munday as the committee on
the part of the Senate.
On motion of Mr. Kenner, the Secretary was
directed to request the concurrence of the House
therein.
Mr. Brown presented the following preamble
and resolution:
Whereas, In the opinion of this body, the Gov¬
ernment of the United States is the best Govern¬
ment on the face of the earth, and whereas the
flag of the said Government is worthy of all re¬
spect ; therefore be it
Resolved, That the Sergeant-at-Arms of the
Senate be directed to procure a large United
States flag and to have the same properly and
tastefully arranged over the President of the Sen¬
ate's chair.
joint resolutions introduced without notice.
Mr. Kenner, without previous notice and with a
a suspension of the rules just granted, asked and
obtained leave to introduce the following joint
resolution:
Resolved, By the Senate, the House concurring,
that a joint committee of five on the part of the
Senate and on the part of the House be ap¬
pointed, whose duty it shall be to prepare and re¬
port to this Legislature for its consideration and
action, such laws and changes in existing laws of
this State, as said committee may deem expedient
and proper for the protection and security of the
personal property of the Freedmen of this State,
including their social relations towards each other,
that of husband and wife, parent and child, and
what laws are necessary to make their labor avail¬
able to the agricultural interest of the State, and
to protect the State from the support of the mi¬
nors, vagrants and paupers, and report by bill or
otherwise; and that to this committee be referred
also bills, memorials, resolutions and documents
bearing on the subjects embraced in the aaove
resolution, and that with a view of producing har¬
mony of action between the Federal and State au¬
thorities, said committee be instructed to confer
with the Assistant Commissioner of the Bureau of
Refugees, Freedmen and Abandoned Lands for
the State of Louisiana, and that should a recess
occur in the session of the Legislature, saill com¬
mittee shall have authority to sit during the recess
and employ such clerks as they may deem ne(?
cessary. !
On motion by Mr. Anderson, the above joint re¬
solution was ordered to lie over under the rulea.
Mr. Foute, without previous notice, and with a
suspension of the rules first granted, asked and
obtained leave to introduce a preamble and joint
resolution calling a Convention to frame a Consti¬
tution for the State of Louisiana, which under¬
went its first reading, and, on motion by the same
Senator, the same was ordered to lie over under
the rules.
On motion by Mr. Mohan, the Senate adjourned
until Monday next, at 12 o'clock m.
HENRY B. KELLY,
' Secretary of the Senate.
Monday, Nov. 27,1865.
The Senate met pursuant to adjournment.
Present, the Honorable Victor Burthe, President
THE SENATE.
1
of Senate, in the Chair; Messrs. Anderson, Arm¬
strong, Bell, Berault, Barrow, Brown, Brownlee,
Coco, Cooley, Duvignaud, Ellis, Foute, Finney,
Gordon, Kenner, Lapeyre, Lott, Mohan, Munday,
Newton of Morehouse, Nicolas, Palfrey, Purcell,
Taylor, Welch, Wilcoxon and Wood—27 Senators.
The journal of last Saturday was read and ap¬
proved.
On motion by Mr. Munday, the oath of office
was administered by the President to the follow¬
ing duly elected Senators, viz: Mr. B. L. Arm¬
strong, Senator from the District composed of
Sabine, Natchitoches, Caddo and DeSoto ; Mr. H.
R. Lott, Senator from the District composed of
Carroll.and Madison; and Mr. Daniel Newton,
Senator from the District composed of the parishes
of Morehouse, Union, Ouachita and Jackson, and
they took their seats.
,The President announced to the Senate that, in
pursuance to a resolution adopted by the Senate
on the 24th inst., he has appointed Mr. Florian Da¬
vis Assistant Sergeant-at-Arms of the Senate, and
he was qualified as such.
MEMORIALS, PETITIONS AND RESOLUTIONS.
Mr. Munday presented to the Senate the memo¬
rial of S. 0. Scruggs, of the parish of Natchito¬
ches, contesting the seat held by Mr. A. Wood,
Senator from the district composed of the parishes
of Natchitoches, Caddo, DeSoto and Sabine;
which was read, and, on motion by the same Sen¬
ator, its further consideration was postponed, and
it was ordered to be referred to the Committee on
the Judiciary.
The President submitted to the Senate the peti¬
tion of citizens of the parish of Iberville, protest¬
ing against the right of Mr. W. Brown to sit as
Senator from the district composed of the parish
of Iberville, and requesting that his seat be al¬
lowed to Mr. David N. Barrow, Senator elect from
said district; which petition was read, and on mo¬
tion by Mr. Kenner, its further consideration was
postponed, and it was ordered to be referred to
the Committee on the Judiciary.
Mr. Taylor called up the memorial of Mr. John
Nelson, of the parish of Lafourche, contesting the
seat of Mr. Joseph Nicolas, as Senator from the
district composed of the parishes of Lafourche
and St. Charles, which was read, and, on motion
of Mr. Kenner, its further consideration was post¬
poned, and it was ordered to be referred to the
Committee on the Judiciary.
Mr. Bell introduced the following resolution :
Resolved, That the members of the Senate and
its Secretaries, be eachjurnished, during the pre¬
sent session, with four daily newspapers, to be.
selected by themselves, to be paid out of the con¬
tingent fund, the same to be furnished by the Post¬
master of the Senate.
On motion by Mr. Anderson, the above resolu¬
tion was amended by inserting after the word
"newspapers " the words " or their equivalent in
weeklies," and the resolution was adopted as
amended.
Mr. Duvignaud submitted the following resolu¬
tion, which was considered, by unanimous consent,
and agreed to:
Resolved, That a committee of five members be
appointed, to be styled the Committee on Inunda¬
tion, whose duty it shall be to study the all impor¬
tant subject of inundation, and to report by bill,
or otherwise, what would be the best means to be
employed to relieve our alluvial lands from the
danger of overflow.
Mr. Wilcoxon moved that the proceedings of the
Senate be published in the Southern Star, a paper
printed and published in the city of New Orleans.
Mr. Mohan moved to lay that motion on the table,
and upon Mr. Mohan's motion Mr. Foute called the
yeas and nays ; they were ordered, and being taken
resulted as follows, to-wit:
Yeas—Messrs. Berault, Cooley, Duvignaud,
Ellis, Foute, Finney, Lapeyre, Lott, Mohan, New¬
ton of Morehouse, Palfrey, Taylor and Welch—13
yeas.
Nays—Messrs. Burthe, in the Chair, Anderson,
Armstrong, Bell, Barrow, Brown, Coco, Gordon,
Kenner, Munday, Nicolas, Purcell, Wilcoxon and
Wood—15 nays.
So the motion to lay on the table did not pre¬
vail.
The question recurred on the adoption of Mr.
Wilcoxon's motion, pending which, on motion by
Mr. Kenner, its further consideration was post¬
poned, and the matter was referred to the Com¬
mittee on Printing.
REPORT FROM A SELECT COMMITTEE.
Mr. Mohan, from the select Committee on Rules,
reported the following Rules and Orders of the
Senate of the State of Louisiana:
FUNCTIONS AND DUTIES OF THE PRESIDENT.
1. The President-having taken the Chair, and a
quorum being present, the journal of the preced¬
ing day shall be read, to the end that any mistakes
shall be corrected that shall have been made in the
entries.
2. The President shall have a general direction
of the Chamber, and he shall have the right to name
any member to peform the duties of the Chair.
3. The President shall rise to put the question,
but may state it sitting. Questions shall be dis¬
tinctly put in this form: " As many as are of opin¬
ion that (as the question may be) say ' Aye,'" and
after the affirmative voice is expressed, " As many
as are of the contrary opinion, say ' No.' " If the
President doubt, or a count be called for, the
Senate shall divide; those in the affirmative of the
question shall first rise from their seats, and after¬
wards those in the negative.
4. All acts, addresses and joint resolutions shall
be signed by the President, and all writs, warrants
and subpoenas, issued by order of the Senate,
8
JOURNAL OF
shall be under his hand and seal, attested by the
Secretary.
5. In case of any disturbance or disorderly con¬
duct in the galleries or lobby, the President or
presiding officer shall have the power to order the
same to be cleared.
RELATIVE TO DEBATE AND DECORUM.
(i. No member shall speak to another, or other¬
wise interrupt the business of the Senate, during
the reading of the journal or any document, or
when any member is speaking.
7. Every member, when he speaks, shall address
the Chair, standing in his place, and when he has
finished, shall sit down.
8. No member shall speak more than twice on
one question on the same day, without leave of the
Senate, exceptin Committee of the Whole.
9. When two or more rise at the same time, the
President shall name the one to speak; but in all
cases the person first rising shall speak first.
10. When a motion shall be made, it shall be re¬
duced to writing, if desired by the President or
any member, and delivered in at the table and
read by the Secretary before the same shall be de¬
bated.
11. When a question is under consideration, no
motion shall be received but to adjourn, to lay on
the table, to postpone indefinitely, to postpone to
a certain day, to commit, or to amend, to divide
the question ; which several motions shall have
precedence iu the order in which they are named,
and the motion of adjournment shall always be in
order except when a member is speaking, or
when tiie yeas and nays are being called, or a
division of the Senate is called and not yet an¬
nounced by the Chair, and be decided without
debate, but a motion to adjourn to a day beyond
the following day shall not be in order until the
previous question shall have been decided; that
when the Senate shall adjourn, it shall be ad¬
journed to the future day named.
12. When a member shall be called to order, he
shall sit down until the President shall have deter¬
mined whether he is in order or not; and every
question of order shall be decided by the Presi¬
dent without debate ; but if there be a doubt in
his mind, he may call for the sense of the Senate,
but any member may appeal from the decision of
the Chair.
111. If a member be called to order for words
spoken, the exceptionable words shall be imme¬
diately taken down in writing by the Secretary,
that the President may be enabled to judge of the
matter.
ORDER OF TILE BUSINESS OP THE DAY.
14. All questions relative to the propriety of bu¬
siness to be acted upon shall be decided without
•debate ; but no'motion to call up a bill out of its
regular order shall be allowed unless by the con¬
sent of two-thrids of the Senators present.
15. After the reading of the jounal,the President
shall call for—
First—Petitions, Memorials and Resolutions.
Second—Reports of Standing Committees.
Third—Reports of Select Committees.
Fourth—Bills and Notices of Bills.
16. The unfinished business in which the Senate
was engaged at the last preceding adjournment,
shall have the preference in the order of the day ,
and no motion, or any other business, shall be re¬
ceived without special leave of the Senate, until
the former is disposed of.
17. In the order of the day, business shall have
precedence as follows, viz.:
1st. The first reading pif Bills and Resolutions
from the other House.
2d. Bills, etc., fixed for that particular day.
3d. Bills, etc., at their third reading.
4th. Bills, etc.,at theirsecond reading.
AMENDMENT.
18. No new motion or proposition shall be ad¬
mitted, under color of amendment, as a substitute
for the motion or proposition under debate.
QUESTION—VOTE—AYES AND NOES—BALLOT.
19. After amotion is stated by the President, or
read by the Secretary, it shall be deemed in pos¬
session of the Senate, but may be withdrawn at
any time before a decision or amendment.
20. If the question in debate contain several
points, any member may have the same divide;
butamotionto strike out and insert shall be deemed
indivisible.
21. Every member who shall be in the Senate
when a question is pat, in public or private sittings,
shall give his vote, unless the Senate, for special
reasons, excuse him.
22. When a motion is made and put to vote, it
shall be considered as lost when it fails to get the
votes of a majority of the members present. ,«<
23. When the yeas and nays shall be called tor
by one of the members present, and seconded by
another, each member called upon shall declare
openly, and without debate, his assent or dissent
to the question. In taking the yeas and nays, and
upon a call of the Senate, the names of the mem¬
bers shall be taken alphabetically.
24. No member shall vote on any question, in the
result of which he is immediately interested, or in
any case where he was not present when the
question was put. Upon a division and count of
the Senate, on any question, no member without
the bar shall be counted.
25. In filling up the blanks, the largest sum and
longest time shall be first put.
26. All elections shall be decided by a majority
of the members present, except of committees.
27. All questions on amendments, or extending
to the merits, being short of the final question,
shall be decided by a majority of the members
THE SENATE.
9
present, although a greater number be required
for the decision of the final question.
RECONSIDERATION.
28. When the question has been once made and
decided in the affirmative, or negative, it shall be
in order for any member of the majority to move
for the reconsideration thereof, but no motion for
the reconsideration of any vote shall be in order
after a bill, resolution message, report, amend¬
ment or motion upon which the vote was taken
shall have gone out of the possession of the
Senate; nor shall any motion for reconsideration
be in order unless made on the same day on
which the vote was taken, or within the next day ;
but when notice is given of a reconsideration on
the next two days of actual session of the Senate,
it shall thereafter have precedence over a motion
to reconsider immediately, except on the three
days next preceding the adjournment, when a
motion to reconsider on the same day shall have
precedence; and when the reconsideration shall
have been once taken, it shall be considered final.
MESSAGES.
29. Messages shall be carried to the House of
Representatives by the Secretary, Assistant Secre¬
tary or Messenger, who shall previously endorse
the determination of the Senate thereon.
30. Messages sent from the House of Repre¬
sentatives by their Clerk or Messenger shall be re¬
ceived at the table by the Secretary, and by him
shall be delivered to the President of the Senate.
34. Messages are introduced in any state of bus-
ness, except while the question is being put or
while the yeas and nays are being called.
" COMMITTEES.
31. All committees shall be appointed by the
President, unless otherwise directed by the Sen¬
ate ; in which case a plurality of votes shall
make a choice; but when any subject or matter
shall have been referred to a select committee,
any subject or other matter of a similar nature,
may, on motion, be referred to the same com¬
mittee.
33. On the first or second day after the com¬
mencement of every session, unless the Senate
direct otherwise, eighteen standing committees
shall be appointed, to-wit:
1. A Committee on Elections, to consist of 5
members.
2. A Committee on Judiciary, to consist of 7
members.
3. A Committee on Federal Relations, to consist
of 5 members.
4. A Committee on Public Works, Lands and
Levees, to consist of 7 members.
5. A Committee on Finance, to consist of 5 mem¬
bers.
6l A Committee on Public Education, to consist
of 7 members.
Ar,2
7. A committee on Militia, to consist of 7 mem
bers.
8. Committee on Commerce, Agriculture and
Manufactures, to consist of 5 members.
9. A Committee on Charitable Institutions, to
consist of 5 members.
10. A Committee on Banks and Banking, to con¬
sist of 5 members.
11. A Committee on Claims, to consist of 7 mem¬
bers.
12. A Committee on Enrolled Bills, to consist of
7 members.
13. A Committee on Printing, to consist of 5
members.
14. A Committee on Amendments to the Consti¬
tution, to consist of 7 members.
15. A Committee on Contingent Expenses, to
consist of 5 members.
16. A Committee on Unfinished Business, to con¬
sist of 5 members.
17. A Committee on Parochial Affairs, to con¬
sist of 5 members.
18. A Committee on Penitentiary and Prisons,
to consist of 5 members.
34. No committee shall sit during the sitting of
the Senate without special leave.
35. It shall be in order for the Committee on
Enrolled Bills to report at any time.
36. When motions are made for reference of the
same subject to a select committee, and to a stand¬
ing committee, the question of reference to the
standing committee shall be first put.
BILLS.
First, second and third reading—Committee of
the Whole.
37. One day's notice, at least, shall be given of
an intended motion for leave to bring in a bill, un¬
less two-thirds of the Senators present direct
otherwise.
38. Every bill shall receive three readings pre¬
vious to being passed, and the President shall give
notice at each, whether it be the first, second or
third; which readings shall be on three different
days, unless four-fifths of the Senators present
shall direct otherwise; and all resolutions to which
the concurrence of the House of Representatives
is requested, shall be treated in all respects, in the
introduction and form of proceedings on them in
the Senate, in a similar manner with bills, and all
other resolutions and reports of Committees shall
lie on the table one day.
39. The first reading of a bill shall be for infor¬
mation, and if opposition be made to it, the ques¬
tion shall be " Shall this bill be rejected?" If no
opposition be made, or if the question to reject be
negatived, the bill shall go to its second, reading
without a question.
40. No bill shall be committed or amended until
it shall have been twice read.
10
JOURNAL OF
41. All bills, at their second reading, may be
discussed in Committee of the Whole, on motion
to that effect; and in such case the President may
preside over the Senate, or call any member to the
Chair.
42. The final question upon the second reading
of every bill or resolution originating in the Sen¬
ate, and requiring three readings previous to its
being passed, shall be, "Whether it shall be en¬
grossed and read a third time?" And should the
question be decided in the affirmative, then no bill
or joint resolution shall be sent into the House of
Representatives, for concurrence, until the same
shall have, after its final passage in the Senate,
been engrossed in a fair, legible hand, without
erasures, interlineations, or additions in the margin
thereof; and shall, furthermore, have been duly
endorsed by the Secretary or the Assistant Secre¬
tary, or by the Chairman of the Committee on
Enrolled Bills, or bis substitute.
43. No amendment shall be received for discus¬
sion at the third reading of any bill or resolution,
unless by the consent of two-thirds of the mem¬
bers present; but it sh'all at all times be in order,
before the final passage of any such bill or resolu¬
tion, to move its commitment, and should such
commitment take place, and any amendment be
reported by the committee, the said bill or resolu¬
tion shall be again read a second time, and con¬
sidered as in Committee of the Whole, and then the
aforesaid question shall be again put. On all bills
appropriating money, the yeas and nays shall be
taken on the third and last reading of the bill un¬
der consideration.
44. No bill, resolution or other business shall be
introduced in the Senate within four days next
preceding the adjournment.
MEMORIAL OR PETITION.
45. Before any petition or memorial, addressed
to the Senate, shall be received and read at the
table, whilst the same shall be introduced by the
President or a member, a brief statement of the
contents of the petition or memorial shall verbally
be made by the introducer.
46. When the reading of a paper is called for,
and the same is objected to by any member, it
shall be determined by the Senate, and without
debate.
CLOSED DOORS—EXECUTIVE BUSINESS.
47. On motion' made to shut the doors of the
Senate on the discussion of any business which
may, in the opinion of any member, require se¬
crecy, the President shall direct the galleries and
lobby to be cleared; and during the discussion of
such motion, the doors sliall remain shut; but on
a motion to open the doors, the question shall be
decided by a majority of the members present.
48. All confidential communications made by the
Executive of the State to the Senate shall be, by
the members thereof, kept inviolably secret until
the Senate take off the injunction of secrecy by
resolution.
49. All information or remarks, touching or con¬
cerning the character or qualifications of any per¬
son nominated to the Senate for office, shall be
kept secret.
50. When nominations shall be made by the Ex¬
ecutive of the State to the Senate, a future day
shall be assigned for taking them into considera¬
tion, unless two-thirds of the Senators present
shall direct otherwise.
51. The proceedings of the Senate, when acting
in their executive capacity, shall be kept in sepa¬
rate and distinct books.
52. In voting upon a nomination from the Execu¬
tive of this State, for office, or upon recommenda¬
tion for a reprieve or pardon, or a commutation of
punishment, or for remission of fine or forfeiture,
a majority of members present, shall be necessary
for a decision; and no motion shall be received for
reconsideration of any decision of the Senate in
its executive capacity.
SECRETARY—CLERKS—JOURNA L.
53. The proceedings of the Senate, when not
acting in Committee of the Whole, shall be entered
on the journal as concisely as possible, care being
taken to detail a true and accurate account of the
proceedings.
54. Every vote of the Senate shall be entered ®
on the journal, with a concise statement of the
question, and a brief statement of the contents of
each petition, memorial or paper presented to the
Senate, shall be also entered on the journal.
55. All questions of order shall be noted by the
Secretary, with the decision, and put together at
the end, as the journal of every session. '
56. In case any Clerk, Sergeant-at-arms, or
Doorkeeper of the Senate fail to perform his duty,
the Secretary thereof shall make a report without
delay.
57. The Secretary or Assistant Secretary shall'
read the journal daily from the sheet on which fie
takes his minutes, and after being so read andcor-
rected, and not before, the said minutes sb&ll be
examined by the President of the Senate; and if
necessary, corrected and amended under the sanc¬
tion of the Senate, and copies in both languages
furnished to the printer, authenticated by the sig¬
nature of the Secretary or Assistant Secretary, by
10 o'clock of the day following that on which it
shall have been read. *
58. The Secretary or Assistant Secretary are
held responsible to the Senate for the accuracy of
the journal in both languages, and for the fidelity
and prompt execution of all translations ordered;
they shall keep the bill book and the executive
journal of the Senate ; they shall indorse all bills,
joint resolutions and all other documents proper to
be indorsed; they shall keep in charge all bills and
documents in the custody of the Senate, and keep-
THE SENATE.
11
them in proper order, and the Clerks shall con¬
sider themselves subordinate to them, and under
their control and direction.
59. The Assistant Secretary of the Senate shall,
in the event of the absence, resignation or death
of the Secretary, take charge and attend to all the
duties of the office until a successor shall have
been elected.
60. Any Clerk neglecting punctually to attend to
all his duties shall be forthwith discharged by the
President of the Senate, on the joiut report of the
Secretary and Chairman of the Committee on En¬
rolled Bills.
sergeant-at-ar3is—doorkeeper.
61. A Sergeant-at-arms shall be elected to hold
his office during the pleasure of the Senate;
whose duty it shall be to attend the Senate during
its sittings, to execute the commands of the Sen¬
ate from time to time, together with all such pro¬
cess, issued by the authority thereof, as shall be
directed to him by the President.
62. A Doorkeeper shall be elected, to hold his
office during the pleasure of the Senate ; whose
duty it shall be to keep the door of the lobby, to
announce messages, to have the charge of the
Senate chamber, and to perform such other duties
as the members may require.
Jefferson's manual—amendment of rules.
63. On any question of order and parliamentary
practice, when these rules are silent or inexplicit,
Jefferson's Manual shall be considered authority.
64. No standing rule or order of the Senate shall
be rescinded or changed without one day's notice
being given of the motion therefor; nor shall any
rule be suspended, except by a vote of at least
two-thirds of the members present.
On motion by Mr. Lapeyre, the above and fore¬
going were adopted as the standing rules of the
Senate.
On motion by Mr. Taylor, ordered that fifty copies
of these rules just adopted be printed for the use of
the Senate.
bills and notices of bills.
The herinafter named Senators, respectively,
gave notice of their intention to introduce on some
future day, the following entitled bills, to wit:
Mr. Munday—
An act to exempt the homestead of householders
from seizure and sale, under execution, and also to
exempt from execution, from seizure for rent and
garnishment, certain personal property and effects,
wages of labor, compensation for professional and
other services.
An act to provide for the regulation of the labor
and care of freedmen and women and their children
in the State of Louisiana.
An act to provide for and regulate the sale of
property at forced sales, under an order of seizure
and writs of fieri facias. |
Mr. Palfrey—
An act to modify and amend existing laws in re¬
lation to tariff mortgages.
election of warrant clerk.
Mr. Munday moved that the Senate proceed to
the election of a Warrant Clerk.
Mr. Gordon moved to amend Mr. Munday's mo¬
tion by leaving the appointment of that officer to
the Committee on Contingent Expenses of the
Senate.
On motion of Mr. Taylor, Mr. Gordon's motion
was ordered to lie on the table.
The question recurring on Mr. Munday's motion,
it was adopted, and the Senate proceeded to the
election of a Warrant Clerk.
Mr. Taylor announced Mr. F. M. Young.
Mr. Nicolas announced Mr. L. Massell.
On a call of the roll, it appeared that Messrs.
Anderson, Armstrong, Berault, Barrow, Coco,
Cooley, Duvignaud, Ellis, Foute, Finney, Gordon,
Kenner, Lott, Mohan, Munday. Newton of More¬
house, Palfrey, Taylor, Welch and Wilcoxon, 20
Senators, voted for Mr. Young.
And that Messrs. Bell, Brown, Lapeyre, Nicolas,
Pureed and Wood, 6 Senators, voted for Mr.
Massed.
Mr. F. M. Young having obtained the requisite
majority was declared duly elected Warrant
Clerk of the Senate, and was qualified as such.
On motion by Mr. Kenner, the Senate adjourned
until to-morrow at 12 o'clock m.
HENRY B. KELLY,
Secretary of the Senate.
Tuesdav, Nov. 28, 1865.
The Senate met pursuant to adjournment.
Present, the Hon. Victor Burthe, President of
the Senate, in the Chair : Messrs. Anderson, Arm¬
strong, Bell, Berault, Barrow, Brown, Brownlee,
Coco, Cooley, Duvignaud, Ellis, Foute, Finney,
Gordon, Kavanaugli, Kenner, Lapeyre, Lott,
Mohan, Munday, Newton of Morehouse, Nicolas,
Palfrey, Pureed, Taylor, Welch, Wilcoxon and
Wood—28 Senators.
The journal of yesterday was read and ap¬
proved.
committee service.
The President announced to the Senate that, by
virtue of a resolution adopted on last Saturday, he
has appointed Mr. Duvignaud, Barrow, Cooley,
Berault and Lott, a select committee to examine
and report upon the best mode of protecting the
low lands of Louisiana from inundation.
The President announced the following Standing
Committees of the Senate, to wit:
On Elections—Campbell, Anderson, Bell, Ab-
ney, Newton of Jackson.
On the Judiciary—Finney, Ellis, Foute, Cooley,
Duvignaud.
On Federal Relations—Foute, Finney, Kelso,
ElliSj Brown.
12
JOURNAL OF
On Public Works, Lands and Levees—Palfrey,
Hough, Bell, Barrow, Newton of Morehouse,
Cooley. Egan.
On Finance—Kenner, Munday, Lapeyre, Gor¬
don, Palfrey.
On Public Education—Campbell, Wilcoxon,
Wood, Newton of Jackson, Egan, Abney, Lott.
On the Militia—Barrow, Taylor, Kelso, Ander-
soo, Ellis, Abney, Egan.
On Commerce, Agriculture and Manufactures,
etc.—Coco, Brownlee, Purcell, Brown, Newton of
Morehouse.
On Charitable Institutions—Duvignaud, Mun¬
day, Brownlee, Newton of Jackson, Abney.
■ On Banks and Banking—Lapeyre, Palfrey,
Kenner, Berault, Gordon.
On Claims—A.nderson, Lott, Wilcoxon, Wood,
Egan, Abney, Newton of Morehouse.
On Enrolled Bills—Berault, Nicolas, Mohan,
Coco, Hough, Welch, Ellis.
On Printing—Taylor, Mohan, Purcell, Kava-
naugh, Abney.
On Amendments to Constitution—Lott, Camp¬
bell, Mohan, Brownlee, Kelso, Cooley, Purcell.
"On Contingent Expenses—Wilcoxon, Armstrong,
Coco, Gordon, Egan.
On Unfinished Business—Purcell, Armstrong,
Nicolas, Welch, Hough.
On Parochial Affairs—Cooley, Brown, Kava-
naugh, Brownlee, Anderson.
On Penitentiary and Prisons—Egan, Newton
of Morehouse, Brown, Kavanaugh, Hough.
On motion by Mr. Bell, ordered that fifty copies
of the list of Standing Committees be printed for
the use of the Senate.
notices of bills.
The hereinafter named Senators respectively
gave notice of their intention to ask leave to intro¬
duce the following entitled bills, to-wit:
Mr. Duvignaud—
An act relative to respite to debtors who have
incurred losses from the late civil war.
An act to prevent the inveiglement of laborers,
employed on plantations.
An act relative to claims against successions and
insolvent debtors in the Parish of Orleans, and pro¬
tecting creditors against the surreptitious distri¬
bution of the assets of successions and insolven¬
cies.
An act relative to juries in the parish of Or¬
leans.
Mr. Brown—
An act in relation to roads and levees.
Mr. Nicolas—
An act to re-establish the proviso of Article 082
of the Code of Practice.
Mr. Newton, of Morehouse—
An act having for its object the establishment
of a Probate Court in certain parishes of North
Louisiana. F
Mr. Ellis—
An act to confer additional powers upon clei'ks
of Districts Courts.
Mr. Bell—
An act to amend an act entitled an act to con¬
solidate the city of New Orleans and to provide
for the government of the city of New Orleans^
and the administration of the affairs thereof, apt
proved March 12th, 1856.
On motion by Mr. Lapeyre, the Senate ad¬
journed until to-morrow at 12 o'clock m.
HENRY B. KELLY,
Secretary of the Senate.
Wednesday, November 29th, 1865.
The Senate met pursuant to adjournment.
Present, the Hon. Yictor Burthe, President of
the Senate, in the Chair. -A
Messrs. Anderson, Armstrong, Bell, Berault,
Barrow, Brown, Brownlee, Coco, Cooley, Duvig¬
naud, Egan, Ellis, Foute, Finney, Gordon, Ken¬
ner, Lapeyre, Lott, Mohan, Munday, Newton of
Morehouse, Nichols, Palfrey, Purcell, Taylor,
Welch, Wilcoxon and Wood—29 Senators in at¬
tendance.
The journal of yesterday was read and approved.
qualification of a membek.
On motion by Mr. Newton of Morehouse, the
oath of office was administered, by the President,
to Mr. William B. Eagan, Senator elect from the
District composed of the parishes of Bienville,
Claiborne and Bossier, and he took his seat.
message fkom the house.
A message was received from the House of Rep¬
resentatives, through Mr. E. W. Halsey, its Assist¬
ant Clerk, by which the Senate was informed that
the House of Representatives had completed its
organization by the election of Hon. Duncan S.
Cage, of Terrebonne, as Speaker, Mr. Thomas L.
Maxwell, of Orleans, as Clerk, and Mr. Joseph
Murphy as Sergeant-at-Arms, and was now ready
to proceed to business. ,
By the same message, the Senate was informed
that the House had concurred in Senate's resolu¬
tion for the appointment of a joint committee of
both Houses to wait upon his Excellency, the Gov¬
ernor, and inform him that a quorum of the Legisj
lature had assembled, and that they were readjfau
receive any communication he may be pleased to
make. j
And that the Speaker had appointed oa said
• committee Messrs. Yoorhies, Boyce, Stjile, La-
groue and Deblanc, on the part of the Hbuse.
kepokt of standing committee.
Mr. Berault, from the Committee'on Enrolled
Bills, submitted the following report, viz:
To the Hon. the President and Members of the Senate:
Gentlemen—As Chairman of the Committee on
Enrollment, I beg leave to report progress. AU
which is respectfully presented.
ST. M. BEKAULT, Chairman.
On motion by Mr.1 Nicolas, the above report was
ordered to be received.
,'Mr. Taylor, from the Committee on Printing,
submitted the following report, to-wit:
The Committee on Public Printing, to whom was
referred the matter of publishing the official pro-
THE SENATE.
13
ceedings of the Senate, beg leave to report the >
following joint resolution, to-wit:
Resolved (the House concurring), The Senate
will meet that body, this day, in the Hall of the
latter, at half-past two o'clock, in joint session, for
the purpose of electing a State Printer.
On motion by the same Senator, the rules were
suspended, this joint resolution underwent its first
and second readings.
Mr. Gordon moved to lay the same on the table,
and on which motion Mr. Bell called for the yeas
and nays. They were ordered, and, being taken,
resulted as follows, viz :
Yeas—Messrs. Egan, Gordon and Newton of
Morehouse—3 Senators.
Nays—Messrs. Anderson, Armstrong, Bell, Be-
rault, Barrow, Brown, Brownlee, Coco, Cooley,
Duvignaud, Foute, (Finney, Kavanaugh, Kenner,
Lapeyre, Lott, Mohan, Munday, Nicolas, Palfrey,
Pureed, Taylor, Welch, Wilcoxon and Wood—25
Senators.
So the motion to lay the joint resolution on the
table did not prevail.
On motion by Mr. Taylor, the rules were further
suspended, the joint resolution underwent its
second and third readings; it was adopted, and
the Secretary was directed to request the con¬
currence of the House therein.
bills introduced according to previous notice.
Mr. Munday, in pursuance to previous notice,
asked and obtained leave to introduce the herein¬
after entitled bills, which were disposed of as indi¬
cated below, to-wit:
An act to provide for the regulation of the labor
and care of freedmen and women and their
children, in the State of Louisiana :
Section 1. Be it enacted by the Senate and
House of Representatives of the State of Louisi¬
ana in General Assembly convened, That any
adult freedman or woman shall furnish themselves
and family (if they have a family) with a comfort¬
able home and visible means of support within
twenty days after the passage of this act.
Sec. 2. Be it further enacted, etc., That any
freedman or woman failing to obtain a home and
support as provided in the first section of this act,
shall be immediately arrested by any sheriff or
constable in any parish, or sheriff, constable or
police officer in any city or town in said parish
where said freedman may be, and by them deliv¬
ered over to the Recorder of the parish in which
they are arrested, and by him hired out by public
advertisement to some citizen being the highest
bidder, for the remainder of the year in which
they are hired, said bidder, in addition to the
stipulated amount that he shall bid, shall oblige
himself to feed, clothe and give medical attention
when sick, and take humane care of said person
or persons. The amount of hire that he shall
agree to pay shall be due and paid to said person
so hired on or before the 24th of Decem¬
ber of said year; Provided, That if said
homeless and strolling wanderers, are the mother
and father of minor children and have them with
them in said helpless condition, then said Parish
Recorder shall, by and with the advice of two
Justices of the Peace, and two freeholders, citizens
of said parish, bind out said children to some citi¬
zen, with a comfortable home, until they are twen¬
ty-one years of age, and the mother or father, or
both, shall be assigned to live with said children
at the same home until the youngest child is fifteen
years of age, and receive such compensation as
said Recorder, Justice of the Peace and freehold¬
ers shall award to them; the parties to whom said
children and parents are bound and assigned to
live, as aforesaid, shall bind themselves to feed,
clothe and furnish medical attention to said child¬
ren and parents when' sick, as well as to give hu¬
mane and parental care.
Sec. 3. Be it further enacted, etc., That any
minor children who may be without mother or
father to take care of and humanely provide for
them, or who have no legal protector, shall be ar¬
rested and taken before said Parish Recorder^of
the parish in which said children may be strolling
and homeless, who shall immediately, with the ad¬
vice of two Justices of the Peace and two free¬
holders, residents of the said parish, bind out said
children to comfortable homes, until they are
twenty-one years of age, to some citizen thereof,
who shall bind himself to feed and clothe and give
medical attention when sick to said children, and
who shall protect them and take parental care of
them during the time for which they are appren¬
ticed.
Sec. 4. Be it further enacted, etc., That any freed¬
man or woman may make contracts with any citi¬
zen who wishes to engage them, by which he shall
bind himself to feed, clothe and furnish them with
comfortable habitations and medical attention
when sick, as well as to pay them a sum of money
as they may agree, or an interest in the produc¬
tion or profits of the labor they are engaged in.
The laborer will bind himself to do faithfully the
work for which he may be hired.
Sec. 5. Be it further enacted, etc., That any
party who hires freedmen or women shall bind
himself to mainiain the children of his laborers.
In case of the death of the father of said children,
they shall be cared for in a kind and parental man¬
ner; he shall consider as himself the guardian of the
children, and they shall remain in his service until
they are twenty-one years of age under the same
conditions as the father.
Sec. 6. Beit further enacted, etc., That every
freedman or woman who contracts, will have a
book countersigned by the Recorder of the parish
where he lives, when he or she first engaged their
services after the passage of this act, in which
will be recorded their name, age and the place
where he or she last lived, and a certificate of his
or her character and habits, and the length of
time and to whom engaged, and the name of the
employer. In case of his changing his employer,
the consent of his former employer shall be en¬
tered on said book, before he shall be employed
by any other person.
Sec. 7. Be it further enacted, etc., That in case
of the death of the employer, his heirs, or he who
acquires his property is bound by the contract
with the laborers in the condition the deceased
was, and the laborer on his part is bound to the
new proprietor according to the terms of the pre¬
vious contract. In case of the laborer leaving his
employer's service, without his consent, when
taken, will be assigned to labor on some public
work without compensation until his employer re¬
claims him.
Sec. 8. Be it further enacted, etc., That whenjin
health the laborer shall work ten hours during the
day in spring and summer, and nine hours during
the day in fall and winter. He shall obey all or-
14
Journal OF
ders of his employer or his agent, take proper
care of his work-mules, horses, oxen, stock, and
also, of all agricultural implements.
General conversation will not be allowed during
working hours; bad work will not be allowed; for
any disobedience a fine of one dollar ; failing to
obey reasonable orders, neglect of duty, and leav¬
ing home, without permission, will be deemed diso¬
bedience. No live stock will be allowed the la¬
borers, without the permission of the employer;
laborers, will not receive visitors during work
hours ; impudence, swearing or indecent lan¬
guage to, or in the presence of the employers,
his.family or agent, or quarrelling and fighting
with one. another, each of which will be
disobedience ; all lost time from work hours, (un¬
less in, case of sickness,) the laborer will be
charged twenty-five cents per hour ; all lost time
from home without leave will be charged at the
rate of two dollars per day ; laborers will not be
required to labor on the Sabbath, unless by special
contract. For all thefts of the laborer from the
employer, of agricultural products, hogs, sheep,
poultry, or any other property of the employer,
or wilful destruction of property or injury, the la¬
borer shall pay the employer double the value of
the. property stolen, destroyed or injured. All
difficulties arising between the employers and la¬
borers will be settled by the former, and if not
satisfactory to the laborers, an appeal may be had
to the nearest Justice of the Peace, and two free¬
holders, citizens, one of said citizens to be selected
by the employer and the other by the laborer.
Sec. 9. Be it further enacted, etc., That no la¬
borer can claim or obtain his discharge from his
employer while he is indebted to his employer.
Sec. 10. Be it further enacted, etc., That the
employer and. laborer shall have annual settle¬
ments, and oftener if the contract require it, and
the. laborer shall have a lien and first privilege on
the crop or the work he is engaged on for amount
due him on settlement.
Seq. 11, Be it further enacted, etc., That mi¬
nors, who are bound as provided for in the third
section of this act, shall, when of the same mother,
be bound to the same parties, whenit can be done.
Sec. 12. Be it further enacted, etc., That any
laborer contracting by the day, week, month or
year, or for a term of years, who leaves his em¬
ployer without his consent, the employer shall
have the right to obtain a warrant from any Judge
or Justice of the Peace directed to a Sheriff or
Constable, who shall immediately arrest said
laborer, and deliver him to his employer.
Sec. 13. Beit further enacted, etc., That any
apprentice, who has been bound as provided for
in the, second and third sections of this act, who
nhp.ll ;leave the party to whom he or she is bound
without their consent, said party to whom said
apprentice is bound, shall have the right to obtain
a warrant, from any Judge or Justice of the Peace,
directed to the Sheriff or Constable, who shall im¬
mediately arrest and deliver said apprentice to
whom he or she was bound.
Sec. 14. Be it further enacted, etc., That for
grpsg misconduct on the part of the laborer, such
as insubordination, habitual laziness, frequent acts
of the yiplation of his contract, or the laws of the
State, he may be dismissed by his employer;
nevertheless the laborer shall have the right to
resist his dismissal, and to a redress of his wrongs
by an appeal to two Justices of the Peace and two
freeholders, citizens of the parish, one of the
freeholders to be selected by himself, and the
other by the employer.
Sec. 16. Be it further enacted, etc., That
in all contracts contemplated in this act,
the parties contracting shall each retain
a duplicate of their agreement, and all
acts of indenture contemplated by this act. Par¬
ties contracting shall each retain a duplicate of
their agreement, and all acts of indenture contem¬
plated by this act shall be recorded in the office of
the Clerk of the District Court, in the parish in
which the party indentured resides, except in the
parish of Orleans, where an officer, who shall be
styled Register of Indentures of Freedmpn, Wo¬
men and Children, shall be appointed by the Gov¬
ernor, by and with the advice and consent of the
Senate, who shall give bond in the manner required
bylaw, in the sum of thousand dollars,
with ten or more freeholders, citizens of said
parish of Orleans, as sureties, conditioned for the
faithful performance of his duties, and who shall
take the oath required by the Constitution of this
State.
Sec. 16. Beit further enacted, etc., That all laws
contrary to, or conflicting with the provisions of
this act be and the same are hereby repealed.
Sec. 17. Be it further enacted, etc., That this
act shall take effect from and after its passage.
Mr. Mohan moved to reject the bill, upon which
motion he called for the yeas and nays. They
were ordered, and being taken resulted as follows,
to wit:
Y eas—Messrs. Foute and Mohan—2 Senators.
Nays—Messrs. Anderson, Armstrong, Barrow,
Bell, Berault, Brown, Brownlee, Coco, Cooley,
Ellis, Finney, Gordon, Kavanaugh, Kenner, La-
peyre, Lott, Munday, Newton of Morehouse, Nico¬
las, Palfrey, Purcell, Welch, Wilcoxon and Wood
—24 Senators.
On his own motion Mr. Egan was excused from
voting.
So the motion to reject the bill did not prevail.
On motion by Mr. Munday the rules were dis¬
pensed with, and this bill underwent its first and
second readings; and on motion by Mr. Mohan, its
further consideration was postponed, and it was
ordered to be printed.
Mr. Munday—
An act to exempt the homestead of householders
from seizure and sale under execution, and also to
exempt from execution, from seizure for rent,
from garnishment certain personal property and
effects, the wages for labor, compensation for pro¬
fessional and other services.
An act to provide for and regulate the sale of
property at forced sales under an order of seizure
and sale and writs of fieri facias.
On motion by the same Senator, these bills un¬
derwent their first and second readings by their
titles, and, on motion by Mr. Mohan, their further
consideration was postponed, and they were
ordered to be printed.
Mr. Brown—
An act in relation to roada and levees.
On motion by the same Senator, the rules were
dispensed with; this bill underwent its first and
second readings by its title, and on motion by Mr.
THE SENATE.
15
Anderson, its further consideration was postponed,
and it was ordered to be referred to the Committee
on Public Works, Lands and Levees.
NOTICES OF BILLS.
The hereinafter named Senators respectively
gave notice of their intention to introduce, at an
early day, the following entitled bills, to wit:
Mr. Nicolas—
An act to stop up the Bayou Lafourche at Don-
aldsonville, by means of dykes, or otherwise.
Mr. Egan—
An act calling a Convention, with the view to
adopt a State Constitution.
JOINT RESOLUTIONS RELATIVE TO FEDERAL RELA¬
TIONS—SENATE'S JOINT RESOLUTION ADOPTED.
On motion by Mr. Kenner, the rules were sus
pended, and the Senate proceeded to the consider¬
ation of Senate's joint resolution for the appoint¬
ment of a joint committee, to prepare and report
such laws as may be necessary for the protection
of the person and property of the freedmen of this
State, including their social relations towards each
other, and which resolution had been by him in¬
troduced in the Senate on the 24th instant.
On motion by Mr. Wilcoxon, the above resolu¬
tion was amended by striking out the word " five,"
and inserting in lieu thereof the word seven.
Mr. Mohan moved to lay the above resolu¬
tion on the table, and upon that motion Mr. Bell
called for the yeas and nays. They were ordered,
and being taken, resulted as follows, to wit:
Yeas—Messrs. Brown, Egan, Foute, Finney,
Gordon, Mohan, and Newton of Morehouse—7
Senators. *
Nays—Messrs. Anderson, Armstrong, Bell, Be-
rault, Barrow, Brownlee, Coco, Cooley, Duvig-
naud, Ellis, Eavanaugh, Kenner, Lapeyre, Lott,
Munday, Nicolas, Palfrey, Purcell, Taylor, Welch,
Wilcoxon and Wood—22 Senators.
So the Senate refused to lay the resolution on
the table.
On motion by Mr. Kenner, the rules were sus¬
pended, this joint resolution underwent its second
and third readings, and on its final adoption Mr.
Mohan called for the yeas and nays; they were
ordered, and being taken resulted as follows, viz.:
Yeas—Messrs. Anderson, Armstrong, Barrow,
Bell, Berault, Brownlee, Coco, Cooley, Duvignaud,
Ellis, Foute, Finney, Gordon,Kavanaugh, Kenner,
Lapeyre, Lott, Munday, Nicolas, Palfrey, Purcell,
Taylor, Welch and Wilcoxon—24 Senators.
Nays—Messrs. Brown, Egan, Mohan, Newton of
Morehouse and Wood—5 Senators.
So the joint resolution was adopted.
And the President appointed Messrs. Kenner,
Lott, Wilcoxon, Barrow, Munday and Finney the
committee on the part of the Senate.
On motion by Mr. Kenner, the Secretary was
directed to request the concurrence of the House
therein.
BILL FIXED FOR A PARTICULAR DAY.
On motion by Mr. Foute, the rules were sus¬
pended and the Senate proceeded to the consider¬
ation of preamble and joint resolution calling a
Convention to frame a Constitution for the State
of Louisiana, when, on motion by the same Sena¬
tor, the further consideration of the same was
postponed.it was made the special order of the
day for to-morrow immediately after the reading
of the journal, and, on motion by Mr. Brownlee,
the same was ordered to be printed.
JOINT RESOLUTION INTRODUCED WITHOUTNO TICE.
Mr. Gordon, without previous notice, and with a
suspension of the rules just granted, asked and
obtained leave to introduce a joint resolution for
the suspension of all business until after the adop¬
tion or rejection of the joint resolution calling for
a Constitutional Convention, which underwent
its first reading.
The same Senator moved to suspend the rules,
with a view of putting this joint resolution to
its second reading, which was refused, four-fifths
of the Senators present voting in the negative.
ELECTION OF A REPORTER.
Mr. Bell, with a suspension of the rules first
granted, introduced the following resolution,
which was ordered to lie over under the rules:
Resolved, That the Senate proceed to the elec¬
tion of an official Reporter of the same.
REPORT OF A SELECT COMMITTEE.
Mr. Kenner, from the Joint Select Committee of
both Houses, appointed to wait on the Governor
in order to inform him that the Legislature had or¬
ganized and was ready to receive any communi¬
cation he may desire to make, reported that the
Committee had performed that duty, and that his
Excellency, the Governor, would soon communi¬
cate, in writing, to the Legislature.
Subsequently, Mr. N. C. Sneethin, Private Sec-
retarp of his Excellency, the Governor, delivered
to the Senate the following message, viz:
Executive Chamber, )
City Hall, New Orleans, Nov. 23, 1865. 5
Gentlemen of the Senate and House of Representatives :
Anticipating the regular period fixed by law for
the meeting of the General Assembly of the State,
I have convened you in extraordinary session for
the reason—among others of great gravity and
moment unenumerated—in my proclamation stated.
Nearly five years have elapsed since the whole
people of Louisiana, through representatives law¬
fully elected by themselves, have assembled in
council together; and during this afflicting and de¬
plorable interregnum, alienations, discord and civil
strife have prevailed.
It has pleased Almighty God to put a period to
these divisions, and to restore the nation to peace
and concord again.
Than the people of Louisiana, in times not re¬
mote, none were more honorably or chivalrously
conspicuous and respected for their love of order,
their attachment to liberty, their respect for law,
their exalted punctiliousness in the discharge of
every pecuniary obligation, their fidelity and devo¬
tion to national requirements; and again, in the
16
JOURNAL OF
recent election of State officers and members of
the Legislature, every parish fully and fairly par¬
ticipating, new guarantees are given by them that
their loyalty is renewed without a reservation, and
that they accept with sincerity and frankness the
new order of things as it has been determined by
the arbitrament of the sword.
In fulfillment of the duties thus in good faith as¬
sumed, they have chosen delegates to represent
them in the popular branch of the National Con¬
gress. Two Senators are yet to be chosen by the
General Assembly, and as it is urgently desirable
that the State should not be unrepresented in the
higher any more than the lower branch of Con¬
gress on its assembling in December, your atten¬
tion is earnestly directed to the providing in time
for the deficiency in the Senatorial body.
The condition of the levees on the Mississippi
river for hundreds of miles within our State, have
naturally caused wide spread anxiety, and gloomy
and painful apprehensions, while among the resi¬
dent inhabitants upon the river banks, and within
many miles of them, their ruinous and neglected
state has produced a feeling of distress, discour¬
agement and despondency, surpassing power of
exaggeration. The inability to collect taxes or to
negotiate a loan of sufficient amount, the treasury
being without means also, I was not able to do
more for their prospective relief than to take the
proper initiatory steps of preparation to proceed
with the work of effective reparation actively, the
instant the funds required for the purpose could
be obtained. This indispensable proceeding I look
with entire confidence to your wisdom speedily to
accomplish.
Intimately connected with this and every other
public undertaking of any magnitude, if it be not,
indeed, the very foundation of both public and
individual prosperity is the credit of the State.
For several years past, for reasons known, appre¬
ciated and now deplored by all, the interest on the
State debt remained undischarged. No complaint
or reproach, however, has ever reached me from
any quarter in regard to this mortifying delinquen¬
cy; and that there may not be, and that the fair fame
and honor of Louisiana may not be tarnished, you
will, I trust, at at early day, devise a suitable way
for paying off all accrued interest without pressing
too onerously or vexatiously by taxation on the
struggling industry of the people.
In providing for the retirement and extinction of
the matured coupons of interest on the public
debt, the obtainnient of means to meet and dis¬
charge promptly and punctually other matured
pecuniary indebtedness, including the outlays for
the levees, and to meet all the unpostponeable
outlays demanded by present exigencies, I would,
among other resources, direct your attention to
the cotton purchased by W. H. Allen, lately exer¬
cising the functions of Governor at Shreveport, in
the name of the people of Louisiana. Of this
cotton, as near as I can discover, there remain
about six thousand bales, which, at prices now
ruling, if it can be made available, would afford
opportune and great immediate relief.
The swamp lands, also, which were donated to
the State by Congress, to be sold for the exclusive
purpose of creating a fund for building and main¬
taining our levee system are, it is thought, far
from exhausted. You will examine whether they
can, and to what extent, be made available imme¬
diately or prospectively, for the contemplated
object.
It has occurred to me, if other measures more
eligible cannot be devised by you for the purpose,
that an issue of treasury warrants to the extent of
a million of dollars might be authorized,, without
interest, pledging the public lands belonging to
the State for their redemption, and making them
receivable for taxes, other than licenses. These
warrants, I think, could be sold in lots of fifty
thousand dollars, at a depreciation, probably, of
not more than twenty per cent., which would be
more than reimbursed to the State in the labor
contracts it will be compelled to make, and which-,
it will not be disputed, is most desirable should
be discharged in current funds. I throw out these
suggestions for your consideration merely, not
doubting that the entire subject of providing ways
and means for the public service will early engage
your most serious attention.
In importance to the future prosperity of the
commonwealth, almost vital is the question of
labor. The legislation that will be required to
secure to him who has it to sell, just protection
and adequate remuneration; and to the capital
which will buy it, absolute security and profit for
its use, will be alike difficult and perplexing. From
the creation of the world, no fixed relation has ever
been established between capital and labor; nor has
sage or statesmen ever foreshadowed a plan by
which the differences which have always existed be¬
tween them could be effectually reconciled. Enlight¬
ened opinion seems to have permanently settled into
the conviction that the more directly and inti¬
mately connected labor and capital can be made,
the fewer and lesser will be the obstacles to a good
mutual understanding, and that the less legislation,
or attempts other than legislative, to intervene
between those who have labor to sell and those
who have capital to buy it with, the better it will
it be for the parties immediately interested and
society at large. In other words that it is true
wisdom to give to each individual as much control
over his own bargain as is, or may be, consistent
with good faith and the public interests.
Corporeal punishment being wholly inhibited by
our laws, no recourse to it, under aDy circum
stances, can be tolerated for the enforcement of
labor contracts ; neither, on the other hand, is it
to be endured that persons who agree for stipu¬
lated wages to give full and honest labor service,
shall capriciously, at evil instigation, or from dis¬
honest design, abandon their employers, or take
advantage of seed time or harvest, or any urgent
emergency, to desert them and refuse to discharge
those duties they had voluntarily bound them¬
selves to perform. In my opinion, therefore, any
laws you may, in the exercise of your wisdom ana
judgment enact, for the regulation of this most
delicate relation, it would be well rather to aim at
means of enforcing upon the contracting parties
due respect for, and compliance with, their bar¬
gains or contracts, than to suggest or dictate
what may be by others supposed "the interest of
either. Left to themselves to make their own bar¬
gains, although doubtless some overreaching may
occur, on the whole it will be found, I think, the
only satisfactory and safe plan. The laborer has
the right to take his services where they will be
best appreciated, and no interference with him for
so doing can be permitted by the laws.
Intimately connected with the labor system of
the State, indeed now of the utmost importance in
connection, it not identification therewith, is the
encouragement of immigration. It is worthy of
your mature consideration, whether some special
encouragement may not be with propriety fiveu
to conciliate some portion of that perennia?cur¬
rent of human labor which has hitherto set from
the Eastern to the Western hemisphere, and been
absorbed to the lasting benefit of the hitherto free
THE SENATE.
IT
sections of the Republic. Should present embar¬
rassments reader pecuniary assistance for the pro¬
motion of the object at the moment inexpedient, I
would ask you to remove all impediments, at least,
to free immigration, whether they exist as hospital
taxes or in other injudicious discriminations. The
establishment, by a solvent British company, of a
line of first class steamships, to ply semi-monthly
—or more frequently if the enterprise will pay—
between Liverpool and New Orleans, presents an
opportunity for opening up Louisiana to European
immigration which I am of opinion we ought to
strengthen and sustain. The Mayor of New Or¬
leans, with his accustomed watchfulness and intel¬
ligence, where the interests of the city and State
are involved, has, he informs me, communicated
to the agent of the line of steamers referred to his
official desire to give his company every facility
possible in the harbor of New Orleans; and has
offered to make a contingent contract with him to
secure him suitable wharf accommodation, time
being allowed for its submission to his principles
for their approval and ratification. This proceed¬
ing, so considerate, expedient and wise, I have
fully sanctioned and commended.
Information which I cannot doubt is given to me,
that secret political associations, the members of
which are bound to each other by strange oaths,
and recognize each' other by signs and passwords,
are being revived in this city, with affiliations in
the parishes throughout the State. I regard all
such combinations and associations as dangerous
to society, opposed to freedom, hostile to equal
and just laws, enlightened progress and national
unity. Whether sought to be revived with the in¬
tention to commence anew a wicked war upon our
naturalized population and to repel immigrants, or
to keep alive any smouldering element of disaf¬
fection that may exist to the national authority, or
for both objects combined, I care not; I consider
all persons in communion with them public ene¬
mies, and I invoke the needful legislation at your
hands for their suppression and extirpation. I
doubt not your readiness to respond worthily to
my call upon you in reference to this matter.
Our public school system, outside the parish of
Orleans, has been a miserable failure. Its imprac¬
ticability within the State—with the exception
stated—has been demonstrated. I would advise
its abolition, and with it the superfluous office of
Superintendent. I would also recommend that
provision be made that all taxes for educational
purposes levied upon colored people, be applied
for the education of colored persons exclusively.
The condition of the State Seminary at Alexan¬
dria was so dilapidated that for its preservation I
had to make loans, amounting to $15,000, from the
Citizens' and Canal Banks. The necessary papers
upon this and other subjects of like character,
referred to by me, will be communicated to your
honorable bodies.
The charitable institutions of the State, within
and without the city of New Orleans, demand
early consideration and prompt relief. New Or¬
leans has never forfeited its just claims to pre¬
eminence in the work of benevolence, and its
never-wearied or exhausted generosity demands
prominent recognition at my hands. Louisiana
will never be churlish in awarding to her children
in her chief city, for this the highest meed of
praise, nor deny to them the merit of faithful at¬
tachment to those principles which in all ages and
climes have been regarded as the highest evidences
of the most advanced civilization. It is only just
and considerate to them that the heavy burden
they have so long and honorably borne without a
A3
murmur, shall be diminished. To this end, suit¬
able provision should be speedily made for the
support of the charitable institutions, formerly in
whole or in part maintained at the expense of the
State.
It is not to be denied that much dissatisfaction
exists with the judiciary of the State as at present
constituted. Happily for this, the remedy is with
the Legislature, and easy of application, it should
be borne in mind that the field of selection for judi¬
cial station was limited, and the exceptional con¬
dition of public affairs when the present judicial
appointments were made, had reduced it to the
narrowest bounds ; but no substantial injustice in
consequence is complained of, and whatever
'changes may be required, can, as I have stated, be
easily made.
It may, however, not be out of place to take
into consideration whether or not the district
judgeship system has been a success. In the
opinion of many, who are competent to decide
such questions, it was an error to abolish the
parish Judge system, as it existed under the con¬
stitution of 1812, and to my diffident cnmprehen-
sion a return to that system will be as universally
approved as seems to be the repudiation of an
elective judiciary. If this be accepted, as admitted,
and I think it will not be disputed, the duties of
Recorders could be performed by the clerks of
courts, who, in turn, should be disqualified from
the performance of judicial acts, unless in the ab¬
sence of Judges. The election of Judges, Re¬
corders, Clerks and Sheriffs, mainly, from personal
or political feeling rather than capacity and fit¬
ness of the individual for the trust, has shaken
public confidence in the administration of justice,
besides rendering it expensive, tardy, and to the
last degree uncertain. Bred to the vocation of
agriculture, I cannot speak on this subject with
technical familiarity, nor do I aim at doing so,
contented if I can embody in clear and compre¬
hensive recommendation the objections to the
present system I know to exist, for your correc¬
tion.
Provision will have to be made to rebuild the
State Penitentiary, and to erect a State House.
The former will require all needful dispatch. In
selecting a site for the latter due regard should be
paid to the locality. Crowded or ill-ventilated
places should be avoided, and, if need be, a large
and roomy space, capable of admitting the erec¬
tion, in detached shape, of all the public buildings
necessary for the State officers and archives, to be
provided for suitably, should be obtained in the
neighborhood of New Orleans. The thorough¬
fares and crowded streets of a great city are un-
suited for such purposes.
It is scarcely required that I should dwell upon
the urgency of an immediate and perfect organi¬
zation of the militia of the State. This cannot
with safety be deferred; for it is not compatible
with the reconstruction policy of the Government
to maintain armies in the States for the purposes
of police. The reorganization of our State, which
will be completely accomplished on the admission of
our delegations to Congress, will, without ques¬
tion, be speedily followed by the abolition of mar¬
tial law within our borders, and jfhe withdrawal of
all troops not required for garrison or fort pur¬
poses. That this may not happen before a State
force can supply its place, you will, I am sure,
fully guard.
I have endeavored without success to procure
the transfer of the banks of New Orleans, now
under military liquidation, from the control of the
Commander of this Department to the civil power.
18
JOURNAL OF
The hanks thus unaccountably circumstanced are '
the Bank of Louisiana, State Bank, Merchants',
Union, Crescent City and Bank of New Orleans,
why the military usurped the authority to take.
possession of these banks, and regulate their
administration, any more than the reason for
their continued retention of them, I have never
been able to know or understand. As they
stand in the relation to their creditors of insolvent
institutions, I especially refer to them, so that you
may take such action to have them administered
in accordance with law and the just rights of all
concerned, as circumstances will warrant.
The present condition of the New Orleans and
Jackson and New Orleans and Opelousas Rail¬
roads inspires uneasiness. The former road was
unexpectedly to me, handed over by the military
authority to the administration of a few men, who
had conducted it after some fashion. They refuse
to explain its affairs from the reoccupation of this
city by the national forces until the, relinquish¬
ment of the road by the Commanding
General. Acting upon the suggestions of
President Johnson, who considered it should
be a steja precedent to the delivery of the roads to
the control of loyal directors chosen by the stock¬
holders, the Mayor of New Orleans called for new
elections by the stockholders of each company.
His call was fully responded to, and directors of
the highest respectability and reliability were
chosen. The old directors of the New Orleans
and, Jackson Railroad, fearing accountability, or
unwilling to relinquish their places, resisted the
demand for a surrender of the control of the cor¬
poration and its affairs, and appealed to the laws
to sustain them. They hold possession and give
no account of their stewardship.
The large interest of the State in both of these
important enterprises made it incumbent upon me
to sustain the action of the Mayor of New Orleans
in his exertions to have their true present state
exposed for public information.
The New Orleans and Opelousas Railroad is still
held and run by the military, who decline to relin¬
quish it to the stockholders unless the Board of
Directors release the Government from all recla¬
mations on account of the enormous sums received
by its officers since the road has been in their
hands.
Donations of land made by Congress to the
Opelousas road are likely to lapse from a failure
of condition, if not attended to. * Your early at¬
tention to the roads, and all connected with them,
is much demanded.
Various public works, of greater or less im¬
portance, as well as the reparation of the levees,
will have to be undertaken by the State. In con¬
nection with them, the creation of a Board of
Public Works, or the adoption of some other way
for planning and supervising them, will be requi¬
site. Experience will be a safe guide as to which
plan, that of a Board or of a Chief Engineer, is
more preferable.
No other legislative bodies that have ever be¬
fore been convened in this State have been
charged with the consideration of legislation em¬
bracing so rrfany various and momentous subjects.
Upon their enlightened, just and prompt settle¬
ment, everything affecting the well-being, happi¬
ness and prosperity of the people and State de¬
pends. Procrastination is ruin; postponement is
death. ,
The faithful citizen, called by an all-wise and
omniscient Providence, to administer this powerful
Government, watches with affectionate solicitude
your proceedings. He lays great stress upon the
course of Louisiana-; is anxious she should take
her true place in the Republic; has manifested by
numerous kindnesses of manner and acts, his 'Warm
sympathy with us, and will be slow to believe that
we will ever disappoint him. The people have
already given him assurance of their true! appre¬
ciation of his magnanimity. I invite you to unite
with the Executive authority of the State in fresh
evidences of similar character, so that the nation
and the world may know that Louisiana is deter¬
mined to stand or fall with Andrew Johnson and
his policy of reconstructing their Government.
Many minor matters deserving consideration, I
have omitted all reference to, having full faith that
your zeal, assiduity, and earnest devotion will be
given to every thing requiring attention.
Commending the State and all interests to! your
enlightened keeping, I invoke, with humility, the
blessing of Almighty God for the Commonwealth,
its servants, and the sovereign people.
J. MADISON WELLS.
On motion by Mr. Anderson, ordered that there
shall be printed, for the use of the Senate,'1000
copies of the Governor's Message in English, and <
500 in French.
On motion by Mr. Palfrey, the Senate adjourned
until to-morrow at 11 o'clock, a. m.
HENRY B. KELLY,
Secretary of the Senate.
Thursday, Nov. 30, 1865.
The Senate met pursuant to adjournment.
Present, the Hon. Yictor Burthe, President of
the Senate, in the chair.
Messrs. Abney, Anderson, Armstrong, Bell,
Berault, Barrow, Brown, Brownlee,Cooley,Duvig-
naud, Egan, Ellis, Foute, Gibson, Gordon, Kava-
naugh, Kelso, Kenner, Lapeyre, Lott, Mohan,
Munday, Newton of Jackson, Newton of More¬
house, Nicolas, Palfrey, Purcell, Taylor, Welch,
Wilcoxon and Wood—31 Senators.
The journal of yesterday was read and approved.
qaueification of members.
On motion of Mr. Lott, amendedby Mr. Kenner,
the oath of office was administered, by the Presi¬
dent, to the following named Senators, to wit:
Mr. A. A. Abney, Senator elect from the parishes'
of Bossier, Bienville, Claiborne and Winn; Mr. To¬
bias Gibson, Senator elect from the District com¬
posed of the parishes* of Terrebonne, Assumption
and Ascension to fill the vacancy occasioned by
the resignation of Mr. Lara resigned, and Mr. G.
Newton, Senator elect from the District composed
of the parishes of Jackson, Moorehouse, Union and
Ouachita, and they respectively took their seats.
executive communications.
The President submitted to fhe Senate a commu¬
nication from the Secretary of State transmitting
the election returns from the parishes of Assump¬
tion and Terrebonne, whereby it appears that Mr.
Tobias Gibson has been elected Senator from tbs
Senatorial District composed of the parishes of
Terrebonne, Assumption and Ascension vice Mr.
M. Lara, resigned.
THE SENATE.
19
petitions and memorials.
Mr. Gibson presented to the Senate a memorial
of a committee on behalf of the Board of Levee
Commissioners for the State, organized and ap¬
pointed provisionally by his Excellency, the Gov¬
ernor, in relation to levees on the Mississippi river
and its tributaries, the reading of which was dis¬
pensed with, and on motion by the same Senator it
was referred to the Committee on Public Works
and Lands and Levees, and 250 copies of the same
was ordered to be printed.
reports from a standing committee.
Mr. Finney, from the Committee pn the Judiciary,
to whom was referred the memorial of Mr. John
Nelson, of Lafourche, claiming the seat of Mr.
Joseph Nicolas, as Senator from the district com¬
posed of the parishes of Lafourche and St. Charles,
submitted the following report, viz.:
The; Judiciary Committee of the Senate report
on.the memorial of Mr. JohnNelson,of Lafourche,
claiming the seat of Mr. Joseph Nicolas, Senator
froip the District composed of the parishes of La¬
fourche and St. Charles, as follows:
That in the matter of the memorial of Major
John Nelson of the parish of Lafourche, contesting
the Sea,t of the Hon. Joseph Nicolas, Senator from
the District of St. Charles and Lafourche, they
have carefully examined the matter in contes¬
tation.
They found that on the 27th of February, 1865,
Hon. Joseph Nicolas, Senator aforesaid, was ap¬
pointed by Governor Hahn, of Louisiana, Notary
Public in and for the parish of Lafourche. That
said Nicolas, qualified as such according to law, as
such was and still is acting, and has received the
fees and emoluments of said office. That in virtue
of Act 123 of the Constitution of 1864, in the opin¬
ion of the Committee, the seat of the Hon. Joseph
Nicolas, as Senator from the said District, by the
operation of law, became and is now vacant.
They further Teport that in the opinion of the
Committee, there was no legalselection in said Dis¬
trict, for said office, on the 6th day of November,
1865, and that the contestant, Major Nelson, is not
entitled to the same.
There being, therefore, a vacancy in the Senate,
in respect to the District of St. Charles and La¬
fourche, the Committee respectfully recommend
that the Senate request his Excellency J. Madison
Wells," Governor of Louisiana, to forthwith order
and cause to be held, at the earliest practicable
day, an election for Senator to represent the Dis¬
trict of St. Charles and Lafourche.
(Signed) JOHN FINNEY,
Chairman.
Mr. Taylor moved the adoption of the above
report, and upon that motion Mr. Purcell called for
the yeas and nays; they were ordered, and being
taken, resulted as follows, to-wit:
Yeas—Messrs. Abney, Anderson, Armstrong,
Barrow, Cooley, Duvignaud, Egan, Ellis, Foute,
Finney, Gibson, Gordon, Kelso, Kenner, Lapeyre,
Lott, Mohan, Munday, Newton of Jackson, New¬
ton of Morehouse, Palfrey, Taylor and Welch—23
Senators.
Nays—Messrs. Bell, Berault, Brown, Brownlee,
Kavanaugh, Purcell and Wood—7 Senators.
On his own motion Mr. Nicolas was excused from
voting. )
So the report of the committee was adopted.
joint resolution introduced according to
previous notice.
Mr. Egan, in pursuance to previous notice, asked
and obtained leave to introduce a Joint Resolution
relative to Federal Relations, which underwent
its first and second readings by its title; its con¬
sideration was postponed and it was ordered to be
printed.
message from the house.
By a message from the House of Representa¬
tives, through Mr. Halsey, its Assistant Clerk, the
Senate was informed of the concurrence of the
House in Senate's resolution for the election of a
State Printer, with an amendment.
On motion by Mr. Taylor, the rules were sus¬
pended, and the Senate proceeded to the consider¬
ation of said message.
The amendment of the House being as follows,
to strike out in the third line the words "this day"
and insert in lieu thereof "Thursday, the 30th of
November, 1865."
On motion by Mr. Taylor, the Senate concurred
in said amendment, and the Secretary wras directed
to inform the House thereof.
resolution.
Mr. Duvignaud, after a suspension of the rules
first granted, submitted the following resolution:
Resolved, (the House concurring.) That the two
Houses of the General Assembly shall meet to¬
morrow, the 1st day of December, at 1 o'clock p.
m-, in joint session, for the purpose of electing two
Senators to the Senate of the United States,
Which resolution underwent its first reading,
pending the consideration of which Mr. Mohan in¬
troduced as a substitute a preamble and joint reso¬
lution, for the appointment of commissioners to
proceed to the city of Washington to protest
against the reception of Michael Hahn and R.
King Cutler, claiming to be Senators from Louis¬
iana to the Senate of the United States.
Which substitute underwent its first reading and
both were ordered to lie over under the rules.
Mr. Taylor submitted the following preamble
and resolution which was considered by unanimous
consent and agreed to :
Whereas, His Excellency, the Governor, in his
message read before this body on the 29th inst.,
claims to have possession of information going to
convince him of the revival of certain secret po¬
litical associations in the city of New Orleans,
"with affiliations in the parishes throughout the
State;" and
Whereas, The Governor regards such associa¬
tions as "dangerous to society, opposed to free¬
dom, hostile to equal and just laws, enlightened
progress and national unityand
Whereas, As his Excellency considers all per¬
sons inj'communion with'such secret associations,
enemies to the public, and further invokes the
needfublegislation for their suppression and extir¬
pation ;
20
JOURNAL OP
Resolved, That his Excellency be requested to
lay before the Senate as soon as may be, all infor¬
mation in his possession concerning the conspiracy
which he seems to think is being organized in
Louisiana for the subversion of law and "enlight¬
ened progress and national unity," and to further
lend his aid in punishing the miscreants by recom¬
mending such legislation as he may deem neces¬
sary for their "suppression and extirpation.
special order op the day.
Previous to calling the special order of the day,
Mr. Mohan stated to the Senate that, upon-the
invitation of the President, in pursuance to a
resolution adopted by the Senate on the 24th inst.,
a clergyman was in attendance, who had come
with the view of opening the proceedings of the
Senate with prayer, but had not reached the
Senate Chamber in time, being under the impres¬
sion that the hour of meeting was 12 meridian,
when, on motion by Mr. Foute, the reverend gen¬
tleman was invited then to invoke the blessings of
God upon the deliberations of this body.
"Whereupon the Rev. Mr. Moynihan of the Ro¬
man Catholic Church, was invited to the Presi¬
dent's chair, and delivered a prayer in accordance
with the ritual of that Church.
This being the day set apart for the considera¬
tion of "Preamble and Joint Resolution calling a
Convention to frame a Constitution for the State
of Louisiana," the same was taken up.
Whereas, It has been debated whether the
election of this Legislature by the people of Louis¬
iana did not imply a voluntary approval and rati¬
fication, on their part, of the Constitution of 1864,
and all legislative doings under it, now therefore,
Be it resolved by the Senate and House of Re¬
presentatives of the State of Louisiana in
General Assembly convened, That the result of
the late election is the most emphatic protest
against that Constitution and those proceedings
that could be uttered by the people of this State,
in the only peaceable and legal manner open to
them; since, by the platform upon which most of
the members of this Assembly, and all the general
State officers have just been elected with unpre¬
cedented unanimity, the Constitution of 1864 was
declared to be the " creation of fraud, violence
and corruption, and not, in any sense, the expres¬
sion of the will of the people of Louisiana," and
the faith of all candidates elected on that platform
stand pledged " to call a Convention of the peo¬
ple of the State at the earliest practicable period,"
for the purpose of adopting a Constitution ex¬
pressive of the popular will.
Be it further resolved, etc., That in obedience
to the voice of the people, as pronounced in the
late election, a Convention be called to frame a
Constitution for Louisiana, conforming to the new
conditions imposed upon her by the restilts of the
war, and that Governor J. Madison Wells be re¬
spectfully requested to issue forthwith his pro¬
clamation for an election of members of said
Convention, to take place on the Monday
in December next; that the qualifications of voters
of the said election be the same as those pre¬
scribed in the Governor's proclamation for the
election of this Assembly ; that the number of
delegates be the same as compose this Assembly ;
the several Senatorial Districts to elect the same
number of delegates as they now eleet Senators
to the General Assembly; and the several Parishes
and Representative Districts to elect the sanie
number of delegates as they now elect Repre¬
sentatives to the General Assembly ; and the said
Convention shall meet in New Orleans on the
day of , the election to be conducted, and
the returns made, in conformity with the regula¬
tions in force at the recent election.
Mr. Mohan offered the following as an amend¬
ment, to come in at,the end of the joint resolu¬
tion ;
Be it further Resolved, etc., And that_ we the
Representatives of the people of Louisiana, not
claiming or intending to exercise legislative pow¬
ers under the declared " de facto " State Govern¬
ment of Louisiana, will adjourn sine die immedi:
ately after the passage of these resolutions, and
the favorable action 'thereupon by his Excellency
the Governor of Louisiana.
Which amendment was accepted.
Mr. Lott moved that the whole subject matter
be referred to the Committee on Amendments to
the Constitution.
Pending the consideration of which, the hour
having arrived to proceed to the election of a State
Printer, and upon the invitation of the House of
Representatives, on motion by Mr. Anderson the
Senate repaired to the Hall of the House of Rep¬
resentatives.
joint session.
The call of the General Assembly being as fol¬
lows, to-wit:
Hon. Victor Burthe, President of the Senate, in
the Chair.
Messrs. Abney, Anderson, Armstrong, Bell,
Berault, Barrow, Brown, Brownlee.Cooley, Duvig-
naud, Egan, Ellis, Foute, Finney, Gibson, Gordon,
Kavanaugh, Kelso, Kenner, Lapeyre, Lott, Mohan,
Munday, Newton of Jackson, Newton of More¬
house, Palfrey, Purcell, Taylor, Welch, Wilcoxon
and Wood—32 Senators.
And Hon. Duncan S. Cage, Speaker of the
House of Representatives, in the Chair.
Messrs. Anderson of Catahoula, Anderson of",
Madison, Austin, Alverson, Addison, Bailey, Barry,
Bensel, Blackman, Bonnabel, Brown, Boyce,
Buie, Collins, Couvillon, Davenport, Daigle, Dela-
more, Deporter, DeLabarre, Decker, Dre^, Ditto,
Duralde, Duffel,Dugas, Eastin, Eager,Elam,Eustis,
Ewing, Edwards, Fagot, Fenner, Freret Fishburn,
Fulda, Gates, Gaisser, Gottschalk, Gantt, Hanlon,
Halsey, Harrison, Head, Hatch, Henderson, Hig-
gins, Holt, Hudspeth, Jonas, Kent, Kelly, Kile,
Labranche, Lagroue, Laurent, Leeds, Lemarie, .
LeBlanc, Lewis, Lipscomb, Martin, Meredith, Mc-
Kelvey, McEnery, McConnell, McDonald, McGee,
McCloskey, Moreland, Montgomery, Murray, Nel-
ligan, Nutt, Ormond, Peterson, James Phillips of
Orleans, Powell, Pujo, Prudhomme, Regenberg,
Richardson, Richards. Roman, Rogers, Robinson,
Sambola, Scanlan, Seger, Simonds, Snider, Smith,
Stille, Scott, Solomon, Tete, Theriot, Thieneman,
Tucker, Voorhies, Walker, Whittington, Wagga-
THE SENATE.
21
man, Williamson, ^Taddell and Weeks—106 mem¬
bers of the House of Representatives.
recapitulation.
32 Senators.
106 Representatives.
Total present, 138 members of the General Assem¬
bly. Necessary for a choice 70 voted.
The General Assembly proceeded to the elec¬
tion of a Sta te Printer.
Mr. Taylor, of the Senate, nominated Mr. J. 0.
Nixon, of the Crescent.
Mr. Anderson, of the Senate, nominated Mr. Ed¬
win L. Jewell, of the Southern Star.
On a call of the roll it appeared that the Hon.
Victor Burthe, President of the Senate, and Messrs.
Abney, Armstrong, Berault, Brown, Duvignaud,
Egan, Ellis, Foute, Finney*. Kavanaugh, Kelso,
Kenner, Lapeyre, Lott, Mohan, Newton of Jack¬
son, Newton of Morehouse, Palfrey, Taylor and
Welch, of the Senate, and the Hon. Duncan S.
Cage, Speaker of the House, and Messrs. Ander¬
son of Catahoula, Anderson of Madison, Austin,
Alverson, Addison, Bailey, Bensel, Blackman,
Brown, Boyce, Buie, Collins, Davenport, Dela-
more, Deporter, DeLabarre, Decker, Drew, Ditto,
Duralde, Duffel, Eager, Elam, Ewing, Fagot, Fen-
ner, Freret. Fishburn, Fulda, Oates, Gottschalk,
Hanlon, Halsey, Harrison, Head, Hatch, Higgins,
Holt, Jonas, Kelly, Kidd, Kile, Labranche, La-
groue, Leeds, Lemarie, LeBlanc, Lipscomb,
Meredith, McEnery, McConnell, McDonald, Me-
Gee, Moreland, Murray, Nelligan, Nutt, Ormand,
Peterson, James Phillips of Orleans, Powell,
Prudhomme, Regenberg, Richardson, Robinson,
Seger, Simonds, Snyder, Smith, Thieneman, Voor-
hies, Williamson, Waddell and Weeks, of the
House, being 95 members of the General Assembly,
voted for Mr. J. O. Nixon.
And Messrs. Anderson, of the Senate, Bell, Bar¬
row, Brownlee, Cooley, Gibson, Gordon, Munday,
Purcell, Wilcoxon and Wood, of the Senate ; and
Messrs. Barry, Bonnabel, Couvillon, Daigle,Dugas,
Eastin, Eustis, Edwards, Gaisser, Gantt, Hender¬
son, Hudspeth, Kent, Laurent, Martin, McKelvey,
McCloskey, Montgomery, Pujo, Richards, Roman,
Rogers, Sambola., Scanlan, Stille, Solomon, Tete,
Theriot, Tucker, Whittington and Waggaman, of
the House, being 43 members of the General As¬
sembly, voted for Mr. Edwiff L. Jewell.
Mr. J. 0. Nixon having obtained the absolute
majority of the General Assembly, was declared
by the President, duly elected State Printer.
On motion by Mr. Anderson, of the Senate, the
Senate withdrew to the hall of their sittings.
On reassembling in the Senate Chamber, the
Senate was called to order by its President, the
Hon. Victor Burthe in the Chair.
On a call of the roll, the following Senators were
present, to-wit:
Messrs. Abney, Anderson, Armstrong, Barrow,
Bell, Berault, Brown, Brownlee, Cooley, Duvig¬
naud, Egan, Ellis, Foute, Gibson, Gordon, Kava¬
naugh, Kelso, Lapeyre, Lott, Mohan, Munday, New¬
ton of Morehouse, Newton of Jackson, Palfrey,
Purcell, Taylor, Welch, Wilcoxon and Wood—30
Senators.
The Senate resumed the consideration of the
unfinished business, being Mr. Foute's preamble
and joint resolution calling a Convention to frame
a Constitution for the State of Louisiana.
Pending the consideration of Mr. Mohan's
amendment to the same, on motion by Mr. Foute,
the Senate adjourned until to-morrow at 10 o'clock
A. M.
HENRY B. KELLY,
Secretary of the Senate.
Friday, December 1, 1865.
The Senate met pursuant to adjournment.
Present—The Hon. Victor Burthe, President of
the Senate, in the Chair; Messrs. Abney, Ander¬
son, Armstrong, Bell, Berault, Barrow, Brown,
Brownlee, Coco, Cooley, Duvignaud, Egan, Ellis,
Foute, Finney, Gibson, Gordon, Kavanaugh, Kel¬
so, Kenner, Lapeyre, Lott, Mohan, Munday, New¬
ton of Jackson, Newton of Morehouse. Palfrey,
Purcell, Taylor, Welch and Wood—32 Senators.
The journal of yesterday was read and ap¬
proved
bills and joint resolutions introduced without
notice.
The hereinafter named Senators, without pre¬
vious notice, and with a suspension of the rules
first granted, asked and obtained leave to intro¬
duce the following entitled bill and joint resolu¬
tions, which were disposed of as indicated below,
to-wit :
Mr. Munday—
An Act to provide for the payment of members,
officers, and contingent expenses of the General
Assembly of the State of Louisiana.
Section 1. Be it enacted by the Senate and
Rouse of Representatives of the State of Louis¬
iana in General Assembly, That the sum of one
hundred thousand dollars, or so much thereof as
may be necessary, be and the same is hereby ap¬
propriated, out of any funds in the Treasury not
otherwise appropriated, for the purpose of paying
the members of the Senate and House of Repre¬
sentatives the per deim and mileage to which they
are respectively entitled, to pay the officers and the
contingent expenses of both Houses of the Gene¬
ral Assembly; the same to be paid by the Treasu¬
rer on the warrant of the Auditor of Public Ac¬
counts, according to law.
Sec. 2. Be it further enacted, etc., That this act
shall take effect from and after its passage.
The bill underwent its first reading, and, on
motion by the same Senator to suspend the rules
with the view of placing this bill on its second
reading,
Mr. Foute objected, and upon M. Munday's mo¬
tion, Mr. Mohan called for the yeas and nays.
22
JOURNAL OP
They were ordered, and being taken, resulted as
follows, viz:
Yeas—Messrs. Abney, Anderson, Armstrong,
Barrow, Bell, Berault, Brown, Brownlee, Coco,
Cooley, Ellis, Gibson, Kavanaugh, Kelso, Kenner,
Lott, Munday, Newton of Jackson, Newton of
Morehouse, Palfrey, Purcell, Taylor, Welch and
Wood—24 Senators.
Nays—Messrs. Duvignaud, Egan, Foute, Gor¬
don, Lapeyre and Mohan—6 Senators.
So, four-fifths of the Senators present voting in
the affirmative, the rules were suspended. The
bill underwent its second reading.
Mr. Munday moved to suspend the rules, with
the view of placing this bill on its third read¬
ing.
Mr. Mohan objected, and four-fifths of the Sen¬
ators present not voting in the affirmative, the
rules were not suspended.
Mr. Abney—
Resolved by the Senate, the House concurring,
That so much of the Governor's Message as have
referred to " cotton purchased by H. W. Allen,
lately acting Governor of Louisiana, at Shreve-
port," be referred to a select joint committee,
composed of three members of the Senate and
-members of the House of Representatives,
to inquire and report the condition and amount of
said cotton that can be made available for thq
present exigencies of the State.
Which joint resolution underwent its several
readings, and it was concurred in.
Whereupon the President appointed Messrs.
Abney, Armstrong and Newton of Jackson, the
committee on the part of the Senate.
On motion of Mr. Abney, the Secretary was
directed to request the concurrence of the House
therein.
Mr. Newton—
Joint resolution fixing the mileage of the mem¬
bers of the General Assembly at twenty cents per
mile.
Which underwent its first reading and was or¬
dered to a second reading.
Mr. Abney—
Joint resolution to count the votes for Governor,
Lieutenant Governor, Auditor, Treasurer, Attor¬
ney General, and Superintendent of Public Edu¬
cation.
Which underwent its first and second readings,
and referred to the Committee on Elections.
message from the house.
Mr. E. W. Halsey, Assistant Clerk of the House
of Representatives, informed the Senate that the
House had adopted a joint resolution relative to
that part of the Governor's message in relation to
secret societies, in which the concurrence of the
Senate was requested.
He also informed the Senate that the House had
concurred in Senate's preamble and joint resolu¬
tions relative to the national flag, and resolution
for the appointment of a joint committee in regard
to cotton purchased by H. W. Allen, lately act¬
ing Governor, at Shreveport, as mentioned in •Gov.
Wells' message.
And that the Speaker had appointed Messrs.
Head, Snider, Anderson of Madison, Elam and
Moreland, the committee on the part of the House.
executive communication.
The President laid before the Senate a commu¬
nication from Messrs. G. F. Weisse & Co., Editors,
and Proprietors of the New Orleans Bee, offering
to; place at the disposal of the Committee on Labor
official documents containing important informa¬
tion on the question of labor.
On motion of Mr. Munday the offer was accepted ,
and the communication was ordered to be referred
to the Committee on Labor.
unfinished business.
The Senate resumed the consideration of the
unfinished business of yesterday, being " Pream¬
ble and Joint Resolution calling a Convention to
frame a Constitution for the State of Louisiana,"
On motion by Mr. Egan, the above preamble and
joint resolution were amended as follows, to-wit:
to prefix the following preamble :
Whereas, In violation of republican usage, a
large majority of the State, both in territory and
population, had no voice in the adoption of the so-
called " Constitution of 1864," which is the com¬
pulsory fruit and, creature of military power aqd
orders.
And to strike out in the second clause all after
the words " day of December," and to insert the
following words, to wit:
'' instant. That the qualifications of
voters be those prescribed in the Constitution of
1852, with the addition of the oath required by
the Governor's proclamation at the late general
election, That the same division of the State hit0
Senatorial Districts be recognized as existed
on the 26th of January, 1861, and the same appor-;
tionment of representation among the several
Parishes and Senatorial Districts, and the same
number of delegates to be allowed to which the
several Parishes and Districts were entitled under
the Constitution of 1852, on said 26th of January,
1861, for Representatives in the General Assembly
of the State. That the qualifications of delegates
be the same as required for such members of
the General Assembly, and that the election be
conducted and returns, thereof made as required
by the laws in force on the 26th of January,
1861."
The question being on Mr. Lott's motion to refer
the whole subject matter to the Committee on
Amendments to the Constitution.
Pending the consideration of which, on motion
by Mr. Mohan, the Senate went into secret session;
the doors were closed—and after some time therein
spent, the doors were reopened.
, The Senate resumed the consideration of the
THE SENATE.
23
joint resolution relative to a State Convention to
frame a State Constitution.
Mr. Lott moved that to-morrow 1 o'clock p.
M. be fixed as the time for taking the vote of the
Senate, on his motion of reference.
On motion of Mr. Palfrey, Mr. Lott's motion was
laid on the table.
On motion of Mr. Kenner, the Senate adjourned
until to-morrow at 10 o'clock a. m.
HENRY B. KELLY,
Secretary of the Senate.
Saturday, December 2,1865.
The Senate met pursuant to adjournment.
Present, the Hon. Victor Burthe, President of
the Senate, in the Chair; Messrs. Abney, Ander¬
son, Armstrong, Bell, Berault, Barrow, Brown,
Brownlee, Coco, Cooley, Duvignaud, Egan, Ellis,
Foute, Finney, Gibson, Gordon, Kavanaugh, Kelso,
Kenner, Lapeyre, Lott, Mohan, Munday, Newton
of Jackson, Newton of Morehouse, Palfrey Pur-
cell, Taylor, Welch, Wilcoxon and Wood—33
Senators.
The proceedings were opened with prayer
offered by the Rev. Mr. Palmer, of the First Pres¬
byterian Church.
leave of absence.
On motion by Mr. Anderson, leave of absence
was granted for a few days to Mr. A. D. Coco,
Senator from the parishes of Avoyelles and Rap¬
ides.
committee service.
On motion by Mr. Palfrey, Mr. Tobias GibSon,
Senator from the parishes of Terrebonne, Assump¬
tion and Ascension, was appointed as an addi¬
tional member on the Committee on Public Works,
Lands and Levees.
The President announced to the Senate that he
had appointed Mr. A. A. Abney, Senator from the
parishes of Bossier, Bienville, Winn, and Claiborne,
on the Committee on Enrolled Bills, vice, Mr. J.
Nicolas, whose seat has been declared vacant by
-the Senate.
resolution.
Mr. Egan submitted the following resolution,
which was considered by unanimous consent and
agreed to:
Resolved, That the Committee on Election be
and they are hereby instructed to inquire if there
be in this honorable body any Senator who may
have held any civil or municipal office, of trust or
of profit, during the time of occupancy of a seat
in the General Assembly.
return of a bill from the house.
On motion by Mr. Munday, the Secretary was
directed to request from the House of Represen¬
tatives the return to the Senate of a bill entitled,
an act to provide for the payment of members,
officers and contingent expenses of the General
Assembly.
report of a standing committee.
Mr. Anderson, from the Committee on Elections,
to whom was referred the Senate's joint resolu¬
tion to count the votes for Governor, Lieutenant
Governor, Secretary of State, Attorney General,
State Treasurer, Auditor of Public Accounts and
Superintendent of Public Education, reported the
same favorably, with amendment.
On motion by the same Senator, the rules were
suspended, and the Senate proceeded to the con¬
sideration of the same.
The amendment proposed by the Committee
being to strike out from the joint resolution the
following words, to wit: "On the first Monday in
December, as prescribed by the Constitution of
1864."
On motion by Mr. Abney, the amendment of the
committee was adopted.
Mr. Kenner moved to further amend the joint
resolution by striking out therefrom the words
" 12 o'clock m.," and inserting in lieu thereof the
words "half-past 2 o'clock p. m."
On motion of Mr. Anderson, the rules were sus¬
pended, this joint resolution underwent its second
and third readings, it was adopted, and the Secre¬
tary was directed to request the concurrence of
the House therein.
notice of a bill.
Mr. Munday gave notice of his intention to ask
leave to introduce on some future day a bill to be
entitled " An act to provide for the punishment of
persons tampering with, persuading away, har¬
boring, feeding or secreting freedmen or women,
whose services are engaged or are apprenticed by
contract.
rules introduced according to notice.
Mr. Geo. W. Munday in the Chair.
The hereinafter named Senators, in pursuance to
previous notice, respectfully asked and obtained
leave to introduce the following entitled bills,
which were severally disposed, as indicated be¬
low, to-wit:
Mr. Duvignaud—
An act relative to respite to debtors, who
have incurred losses from the late civil war.
On motion by the same Senator, this bill under¬
went its first reading, and it was ordered to be
printed.
An act to prevent the inveiglement of laborers
employed on plantations.
On motion by the same Senator, this bill under¬
went its first reading by its title. Its further con¬
sideration was postponed, and it was ordered to be
printed.
An act relative to claims against successions
and insolvent debtors in the parish of Orleans,
and protecting creditors against the surreptitious
distribution of the assets of successions and in¬
solvencies.
24
JOURNAL OF
On motion by the same Senator, the rules were
suspended, this bill underwent its first and second
readings by its title, its further consideration was
postponed, and it was ordered to be referred to
the Committee on the Judiciary.
Mr. Bell—
An act to amend an act entitled an act to con¬
solidate the city of New Orleans, and to provide
for the government of the city of New Orleans
and the administration of the affairs thereof, ap¬
proved March 12, 1865.
On motion by the same Senator, the rules were
suspended, this bill underwent its first and second
readings by its title, its further consideration was
postponed, and it was ordered to be referred to a
select committee of seven from the Senatorial
delegation of the city of New Orleans.
Whereupon the Chair appointed Messrs. Bell,
Mohan, Finney, Foute, Duvignaud, Lapeyre and
Gordon, the select committee.
UNFINISHED BUSINESS.
The Senate resumed the consideration of the
unfinished business of yesterday, being Senate's
preamble and joint resolution calling a Conven¬
tion to frame a Constitution for the State of Lou¬
isiana.
The pending question being on Mr. Lott's mo¬
tion to refer the same to the Committee on Amend¬
ments to the Constitution.
When Mr. Gordon moved to lay the whole sub¬
ject matter on the table.
Upon Mr. Gordon's motion Mr. Mohan called for
the yeas and nays. They were ordered, and being
taken, resulted as follows, to wit:
Yeas—Messrs. Anderson, Bell, Brownlee, Gor¬
don, Kavanaugh, Purcell and Wilcoxon—7 Sena¬
tors.
Nays—Messrs. Abney, Armstrong, Berault, Bar¬
row, Brown, Coco, Cooley, Duvignaud, Ellis,
Egan, Fotte, Finney, Gibson, Kelso, Kenner, La¬
peyre, Lott, Mohan, Munday, Newton of Jackson,
Newton of Morehouse, Palfrey, Taylor and Welch
—25 Senators.
So the motion to lay on the table did not pre¬
vail.
Mr. Gordon moved the adoption of the joint res¬
olution.
Mr. Kenner moved the reference of the same,
and upon Mr. Kenner's motion, Mr. Anderson called
for the yeas and nays. They were ordered, and
being taken, resulted as follows, to wit:
Yeas—Messrs. Abney, Anderson, Armstrong,
Bell, Berault, Barrow, Brown, Brownlee, Coco,
Cooley, Duvignaud, Ellis, Gibson, Kavanaugh,
Kenner, Lott, Munday, Newton of Jackson, New¬
ton of Morehouse, Palfrey, Purcell, Taylor,Welch,
Wilcoxon and Wood—25 Senators.
Nays—Messrs. Egan, Foute, Finney, Gordon,
Kelso, Lapeyre and Mohan—7 Senators.
So the joint resolution was referred.
MESSAGE FROM THE HOUSE.
Mr. E. W. Halsey, Assistant Clerk of the House
of Representatives, informed the Senate of the
concurrence of the House in the Senate's resolu¬
tion for a joint session, in order to count the votes
cast at the late general election for Governor, Lieu¬
tenant Governor, Secretary of State, Auditor of
Public Accounts, State Treasurer, Attorney Gen¬
eral and Superintendent of Public Education.
He also requested the concurrence of the Senate
in House joint resolution entitled, "joint resolu¬
tion requesting his Excellency, J. Madison Wells,
to recover the statue of George Washington, re¬
moved by the Federal authorities from Baton
Rouge."
And he returned to the Senate, in compliance
with its request, the Senate's bill, entitled, "an
act to provide for the payment of members, offi¬
cers and contingent expenses of the General As¬
sembly.
SENATE BILLS PASSED.
Mr. Munday moved to suspend the rules, in
order to take up the Senate bill entitled, "an
act to provide for the payment of members, offi¬
cers and contingent expenses of the General As¬
sembly."
Mr. Mohan objected thereto, whereupon Mr.
Munday called for the yeas and nays.
They were ordered, and being taken, resulted
as follows, viz:
Yeas—Messrs. Abney, Anderson, Armstrong,
Bell, Berault, Brown, Brownlee, Coco, Cooley,
Duvignaud, Ellis, Gibson, Gordon, Kavanaugh,
Kenner, Lapeyre, Lott, Munday, Newton of Jack¬
son, Newton of Morehouse, Palfrey, Purcell, Tay¬
lor, Welch, Wilcoxon and Wood—26 Senators.
N ays—Messrs. Egan and Mohan—2 Senators. •
So, four-fifths of- the Senators present voting in
the affirmative, the rules were suspended and the
bill was taken up.
On motion by Mr. Munday, the bill underwent
its second and third readings, and it passed.
Mr. Mohan moved to reconsider the vote just
given on the final passage of the bill, and upon r
that motion he called for the yeas and nays. They
were ordered, and upon being taken resulted as
follows, viz:
Yeas—Messrs. Egan, Gordon and Mohan—3
Senators.
Nays—Messrs. Abney, Anderson, Armstrong,
Bell, Berault, Brown, Brownlee, Coco, Cooley,
Ellis, Gibson, Kavanaugh, Kenner, Lapeyre, Lett,
Munday, Newton of Jackson, Newton of More¬
house, Palfrey, Purcell, Taylor, Welch, Wilcoxon
and Wood—25 Senators.
So the Senate refused to reconsider the vote on
the final passage of the bill.
• Mr. George W. Munday in the Chair.
On motion of Mr. Egan, the rules were suspend¬
ed and the Senate proceeded to the consideration
THE SENATE.
25
of Senate's joint resolutions relative to Federal
Relations, when, on a further motion by the same
Senator, these joint resolutions underwent their
second and third readings, they were adopted, and
the Secretary was directed to request the concur¬
rence of the House therein.
On motion by Mr. Mohan the rules were sus¬
pended, and the Senate proceeded to the considera¬
tion of the Senate's resolution providing for the
election of two United States Senators, the ques¬
tion being on the adoption of Mr. Mohan's substi¬
tute, entitled "Preamble of Joint Resolution for
the Appointment of Commissioners to proceed to
the City of Washington to protest against the re¬
ception of Michael Hahn and R. King Cutler, claim¬
ing to be Senators from Louisiana to the Senate of
the United States."
On motion by Mr. Duvignaud, the above substi¬
tute was ordered to be referred to the Committee
on Federal Relations.
On motion by Mr. Mohan, the Senate reconsid¬
ered the vote on the reference of said substitute,
and he asked and obtained leave to withdraw the
same from the files of the Senate.
On motion by Mr. Duvignaud, the rules were
suspended, the original resolution underwent its
second and third readings, it was adopted, and the
Secretary was directed to request the concurrence
of the House therein.
Mr. Purcell presented to the Senate a document
which he stated was a protest on the action of the
Senate in this matter.
Mr. Kenner objected to the reception of said
document.
And the Chair (Mr. Munday) decided that the
document should not be received.
senate bill beferked.
On motion by Mr. Newton of Morehouse, the
rules were suspended and the Senate proceeded
to the consideration of Senate's "joint resolu¬
tion fixing the mileage of the members of the
General Assembly at twenty cents per mile,"
which underwent its second reading, when, on
motion by Gordon, the further consideration of
the same was postponed, and it was ordered to be
referred to the Committee on the Judiciary.
message from the house.
Mr. E. W. Halsey, Assistant Clerk of the House,
informed the Senate that the House had concurred
in the Senate's joint resolution relative to Fed¬
eral Relations.
On their respective motions, Messrs. Egan and
Taylor were excused from attending the joint ses¬
sion of the General Assembly to count the votes
for Governor and other State officers.
This being the time fixed by previous agreement
of both Houses to examine ami count the votes
cast in-the several parishes in this State for Gov¬
ernor'and other State officers, on motion by Mr. I
A4
Duvignaud, the Senate repaired to the Hall of the
House of Representatives to perform that duty.
joint session.
The call of the General Assembly was made,
and the following was the result, viz:
Mr. George W. Munday in the Chair; Messrs.
Abney, Anderson, Armstrong, Bell, Barrow,
Brownlee, Cooley, Duvignaud, Ellis, Foute, Gib¬
son, Gordon, Kelso, Lott, Mohan, Newton, Palfrey,
Purcell, Welch and Wilcoxon—22 Senators.
Hon. Duncan S. Cage, Speaker of the
House of Representatives, in the Chair.
Messrs. Anderson of Catahoula, Anderson of
Madison, Alverson, Addison, Bailey, Bensel, Brown,
Boyce, Buie, Collins, Couvillon, Davenport, Daigles
Drake, Deblanc, DeLabarre, Drew, Duralde, Du-
gas, Elam, Eldridge, Eustis, Edwards, Fagot, Fish-
burn, Fulda, Gates, Gaisser, Gottschalk, Halsey,
Harrison, Hatch, Higgins, Hudspeth, Jonas, Kent,
Kelly, Kile, Labranche, Lagroue, Laurent, Leeds,
Lemarie, LeBlanc, Lipscomb, Martin, Meredith,
McKelvey, McEnery, McConnell, McDonald, Mc-
Gee, McCloskey, Moreland, Montgomery, Nutt, Or-
mond, Peterson, James Phillips of Orleans, Powell,
Pujo, Prudhomme, Richardson, Richards, Robin¬
son, Sambola, Scanlan, Seger, Simonds, Snider,
Smith, Stille, Tete, Theriot, Thieneman, Tucker,
Yoorhies, Waggaman, Williamson and Waddell—81
members of the House of Representatives.
x recapitulation.
22 Senators.
81 Representatives.
Total present, 103 members of the General As¬
sembly.
The presiding officer of the Senate stated to
the General Assembly that the object of the joint
session was to examine and count the votes cast
at the last general election for Governor and
other State officers, and he appointed Messrs.
Lott, Kelso and Anderson tellers on the part of
the Senate.
The Speaker of the House appointed Messrs.
Yoorhies, Robinson and Thieneman tellers on the
part of the House.
The joint tellers proceeded to examine and
count the votes cast in the several parishes of
this State, which is as follows, viz:
official returns of the vote cast in the
several parishes of the state of louisiana,
on the 6TH of november, 1865, for governor,
Parishes. J. M. Wells. H. W. Allen.
Avoyelles 316 172
Ascension 436
Assumption 513 35
Bienville 324 263
Bossier 213 70
Caddo 140 288
Calcasieu 184
Caldwell 159 34
Catahoula 260 93
Carroll.. 249 6
26
JOURNAL OF
Parishes.
J. M. Wells.
H. W. Allen.
Claiborne
.... 647
495
Concordia
.... 124
7
DeSoto
.... 263
184
East Baton Rouge
.... 738
62
East Feliciana
296
136
Franklin
.... 229
50
Jackson
.... 334
296
Jefferson
.... 857
82
Iberville
.... 427
41
Lafourche
.... 735
93
Livingston
69
336
Lafayette
.... 194
142
Morehouse
.... 242
107
Madison
.... 102
Natchitoches
.... 610
93
Orleans
.... 6,263
1,210
Ouachita
.... 345
30
Plaquemines
.... 294
1
Point Coupee
.... 489
5
Rapides
.... 258
409
Sabine
.... 392
152
St. Bernard
.... 218
10
St. Charles
.... 165
9
St. Helena
65
484
St. James
.... 507
1
St. John Baptist
.... 414
St. Landry
.... 1,093
53
St. Martin
.... 531
57
St. Mary
.... 433
10
St. Tammany
.... 217
136
Terrebonne
.... 496
32
Tensas
.... 115
5
Union
.... 445
189
Vermillion
.... 224
10
Washington
26
306
West Baton Rouge.. .•
.... 256
1
West Feliciana
.... 269
1
Winn
.... 356
101
Total
... .22,312
5,497
OFFICIAL RETURNS OF THE YOTE CAST IN THE
SEVERAL PARISHES OF THE STATfe OF LOUISIANA,
ON THE 6TH DAY OF NOVEMBER, 1865, FOR
LIEUTENANT GOVERNOR.
Parishes. A. Voorhies. R. G. Taliaferro.
Avoyelles 262 237
Ascension 434 3
Assumption 549
Bienville 409 124
Bossier 282 2
Caddo 350 67
Cascasieu 185 1
Caldwell 69 102
Catahoula 139 213
Carroll 204 49
Claiborne 751 320
Concordia 138
DeSoto 444
East Baton Kouge 757 51
East Feliciana 382 22
Franklin 177 iqo
Jackson 468 86
Jefferson 652 280
Iberville 465
Lafourche 810 4i
Livingston 294 4
Lafayette 326 14
Morehouse 292 38
Madison 100 1
Natchitoches 563 136
Orleans.... 6,167 1,351
Ouachita 270 75
vote fqr lieut. governor—(Continued.)
Parishes- JL Voorhies. R. <3. Taliaferro.
Plaquemines 287 4
Point Coupee 493
Rapides 556 32
Sabine 304 192
St. Bernard 224 2
St. Charles 172 2
St. Helena 533 16-.
St. James 484 22
St. John the Baptist 402 14
St. Landry... 1,091 68
St. Martin. 190 394
St. Mary; 369 66
St. Tammany 336 11
Terrebonne 524
Tensas..... 121 1
Union 368 152 .
Vermillion 207 16
Washington. 315 2
West Baton Rouge 256
West Feliciana 269 2
Winn 204 179
Total 23,664 5,302
official returns of the vote cast in the
►.several parishns of the state of louisiana
on the 6th day of november, 1865, fob sec¬
retary of state.
rs
3
a f
w
u
*i
» «
PARISHES.
H
5
H
G*
3
W
©
a
|
£
5
«
3
§
: s
i ?
Avoyelles
... 206
793
Ascension
434
1
Assumption
545
Bienville
... 217
si
isi ..
Bossier
.. 129
100,.
Caddo
.. 144
55
213 ..
Calcasieu
... 173
Caldwell
60
101
Catahoula
.. 176
158
Carroll
... 203
49
Claiborne
.. 257
492 ..
Concordia
2
DeSoto
.. 235
2
197 ..
East Baton Rouge...
... 383
84
339 ..
East Feliciana
.. 135
267
Franklin.
106
Jackson ,.
149
28 ..
Jefferson
.. 648
284
Iberville..
.. 465
Lafourohe
.. 807
43
Livingston
27
44
4 1
Lafayette
4
Morehouse
160
163
• •
Madison
.. 100
2
Natchitoehes
.. 529
118
36 ...
Orleans..
1,291
Ouachita:
138
2 ...
Plaquemines
2
.. ..
Point Coupee
.. 492
•.
Rapides
Sabine
34
28 ..
183
8 ..
St. Bernard.
>■ 2
St. Charles
1
St. Helena
17
St. James
20
St. John Baptist.
.. 402
14
St. Landry
57
St. Martin
363
.. ..
St. Mary
31
'tfHE'Sl^ATE.
' vote fob siiCRETART O F state—(Continue d.
m
St. Tammany 277
Terrebonne 525
Tensas .. 119
Union., 197
Vermillion 204
Washington .254
West Baton Rouge 251
West Feliciana 270
Winn 145
1
280
1
3
2
141
3
s
w
w
w
CD
5*
hj
3
SL
§
5"
60
Total 20,869 4,181 611,944 1
OFFICIAL RETURNS OF THE VOTE CAST IN THE SEVE¬
RAL PARISHES OF THE STATE OF LOUISIANA, ON
THE 6TH OF NOVEMBER, 1865, FOB STATE TREAS¬
URER.
> ' ** a 5-1
PARISHES.
Avoyelles
.... 239
251
Ascension
.... 433
i
Assumption.
.... 522
27
243
Bienville
.... 166
63
Bossier
42
225
Caddo
.... 297
66
27
Calcasieu
.... 182
Caldwell
57
89
Catahoula
.... 164
157
Carroll
.... 203
49
Claiborne
76
485
Concordia
.... 135
i
De Soto
.... 297
137
East Baton Rouge
.... 776
40
East Feliciana
.... 375
4
30
Franklin
.... 161
104
Jackson
... . 364
28
144
Jefferson
.... 542
389
Iberville
.... 469
Lafourche
.... 812
41
Livingston
.... 324
49
2
Lafayette ;.
.... 325
8
268
Morehouse
.... 100
7
Madison
.... 101
1
Natchitoches
.... 534
130
is
Orleans
...6,327
1135
OuaOhita
.... 190
82
72
Plaquemines.. —
.... 289
25
Pointe Coupee
.... 490
Rapides
.... 454
9
Sabine
.... 296
195
St. Bernard.
.... 226
2
St. Charles.
.... 173
i
St. Helena
.... 542
10
St. James............ •
.... 444
64
St; John Baptist
.... 402
14
St. Landry
.... 1,070
63
St. Martin.
.... 215
'263
St. Tammany
.... 330
30
5
r:S3
Terrebonne
Tensas •....
.... 119
a
fi
a
g
k
o
&
<&.
o
3!
VOTE FOR STltfE TREASURER-^-(Continued.)
fr¬
uition 180 142
Vermillion 214 1
Washington 308 2
West Baton Rouge 257
West Feliciana 271
Winn 181 127
Total 21,667 3773
129
61
OFFICIAL RETURNS OF THE VOTE CAST IN THE SEV¬
ERAL PARISHES OF THE STATE OF LOUISIANA ON
THE 6TH OF NOVEMBER, 1865, FOR ATTORNEY GEN-
A. S. Herron. G. S. Lacey. I. E. Morse
Avoyelles
241
245
Ascension
436
1
Assumption
549
10
Bienville
. 438
Bossier
. 253
Caddo
. 349
67
Calcasieu
182
Caldwell
. 64
95
Catahoula
191
133
Carroll
. 203
49
Claiborne
497
376
Concordia.
. 136
De Soto
434
East Baton Rouge
820
21
East Feliciana
436
Franklin
. 170
iii
Jackson
. 398
152
Jefferson
650
274
Iberville
475
Lafourcne
814
41
Livingston
. 393
5
Lafayette
334
2
Morehouse
. 231
101
Madison
. 103
1
Natchitoches
553
132
Orleans
6,143
1,333
Ouachita
229
125
Plaquemines
. 291
1
Pointe Coupee
. 498
» ...
Rapides
. 529
■ 7
Sabine
300
189
St; Bernard
99
126
St. Charles
174
St. Helena
. 555
10
St. James
. 479
26
St. John Baptist..
402
14
St. Landry
1,075
60
St. Martin
221
362
St. Mary
. 399
31
St. Tammany
: 297
9
Terrebonne
527
Tensas
. 121
Union
223
258
Vermillion
206
1
Washington
. 312
3
West Baton Rouge
. 256
West Feliciana...
. 271
Winn
250
i23
Total 22,966
4.384
17
28
JOURNAL OF
p
p
O
w
>
.H
>-
a
§•
o
«
a
c
1
f
a.
14
58
122
2
3 .
41 .
6 .
92 .
292V
44 '.
25 .
107 .
2 .
54
38
i
633
19
288
5
365
71
OFFICIAL RETURNS OF THE VOTE CAST IN THE
SEVERAL PARISHES OF THE STATE OF LOUISIANA,
ON THE 6TH OF NOVEMBER, 1865, FOB AUDITOR
OF PUBLIC ACCOUNTS.
M
Avoyelles 244 249
Ascension..' 434
Assumption 549
Bienville 286
Bossier 186
Caddo 330
Calcasieu 182
Caldwell 40 66 .. 17
Catahoula 183 70 .. .. 72
Carroll 200 49
Claiborne 341 .. .. 10
Concordia 135 .. .. 1
DeSoto 423
E. Baton Rouge... 757
East Feliciana 129
Franklin 169
Jackson 119
Jefferson 630
Iberville 461
Lafourche 811
Livingston 365
Lafayette 232
Morehouse 114
Madison 100 1
Natchitoches..... 646 135
Orleans 7,191 1,282
Ouachita 45 4 .. 297 8
Plaquemines.'. 290 1
Point Coupee 493
Rapides 522
Sabine 303
St. Bernard 225
St. Charles 173
St. Helena 498
St. James 478
St. John Baptist.. 402
St. Landry 877
St. Martin 104
St. Mary 363
St. Tammany 330
Terrebonne 525
Tensas 121
Union 165 4 .. 164 69
Vermillion... 203 1
Washington 309 2
W. B. Rouge 257
West Feliciana... 267
Winn 242 102 .. .. 22
Total 22,339 3,560 000 000 000 000 000
OFFICIAL RETURNS OF THE VOTE CAST IN THE
SEVERAL PARISHES OF THE STATE OF LOUISIANA,
ON THE 6TH OF NOVEMBER, 1865, . FOR SUPERIN¬
TENDENT OF PUBLIC EDUCATION.
215
7
188
2
3
26
13
250
484
51
7
60
31
73
Avoyelles 223
Ascension 435
Assumption (49
P *3
P P
w f*"
§ trt
252
1
VOTE FOR SUPERINTENDENT OF PUBLIC EDUCATION—
(Continued.)
W W 3 ?« H
k e P P* P
Parishes.
Bienville. ... 174 45 274 ..
Bossier 50 .. 217 ..
Caddo 49 57 297 ..
Calcasieu 180
Caldwell 62 97 5 ..
Catahoula 164 145 16
Carroll 201 49 ..
Claiborne 580 .. 9 ..
Concordia 135
De Soto 235 .198 ..
East Baton Rouge 751 62 .. ..
East Feliciana 399 3 .. ..
Franklin 156 108 3 ..
Jackson 372 29 150
Jefferson 626 304 ....
Iberville 468 .. ..
Lafourche 803 41 ..
Livingston 297 83 7 1
Lafayette 326 3 .. ..
Morehouse 169 20 119 ..
Madison 102 1 ..
Natchitoches 452 129 84
Orleans 6,365 1,112 .. ..
Ouachita 187 88 70
Plaquemines 288 2 ..
Point Coupee 486
Rapides 520 8 .. ..
Sabine 297 195 .. ..
St. Bernard 211 2 ..
St. Charles 173 1 .. ..
St. Helena 424 28 ..
St. James 483 22 ..
St. John Baptist 368 46 ..
St. Landry 1,067 67 .. ..
St. Martin 217 361 ..
St. Mary 422 24 .. ...
St. Tammany 338 7 ..
Terrebonne 527
Tensas 121
Union 180 120 169
Vermillion 189 1 ..
Washington 301 3 4
West Baton Rouge 257
West Feliciana , 269 1 .. .'.
Winn 147 150 75
Total 22,006 3,663
TOTAL NUMBER OF VOTES IN PARISHES.
Avoyelles 499
Ascension 43,6
Assumption 649
Bienville
Bossier 285
Caddo 428
Calcasieu 186
Caldwell 194
Catahoula 363
Carroll ' 255
Claiborne
Concordia 138
De Soto... i 447
East Baton Rouge 816
East Feliciana 432
Franklin 281
Jackson
THE SENATE.
29
total number of votes—(Continued.)
Jefferson 939
Iberville 475
Lafourche 855
Livingston , 405
Lafayette 340
Morehouse 349
Madison 104
Natchitoches .• 703
Orleans 8502
Ouachita 375
Plaquemines 295
Point Coupee ; 498
Rapides 667
Sabine 544
St. Bernard 228
St. Charles 174
St. Helena 565
St. James 508
St. John Baptist 416
St. Landry 1159
St. Martin , 588
St. Mary >. 447
St. Tammany 355
Terrebonne. 528
Tensas 122
Union 634
Vermillion 234
Washington 332
West Baton Rouge 257
West Feliciana 272
^Winn
Mr. Lott, on behalf of the joint tellers of both
Houses, presented the following report:
We, the undersigned, tellers on the part of the
General Assembly of the State of Louisiana, ap¬
pointed to examine and compare the returns made
by the different parishes of this State, at the elec¬
tion held on the 6th day of November, A. D. 1865,
for State officers, beg leave to report as follows,
to-wit:
For Governor—
J. Madison Wells
H. W. Allen
... 5,497 ..
For Lieutenant Governor—
Albert Voorhies
...23,664 ..
J. G. Taliaferro —
... 5,302 :.
For Secretary of State—
J. Hamilton Hardy
...20,869 ..
T. J. Edwards
... 4,181 ..
M. Estes
... 1,944 ..
For State Treasurer—
Adam Giffen
...21,667 ..
J. T. Michel
... 3,773 ..
C. M. Olivier
S. D. Olivier
... 1,447 ..
For Attorney General—
Andrew S. Heron
...22,966 ..
George S. Lacey
... 4,384 ..
Isaac E. Morse *
For Auditor of Public Accounts—
Hypolite Peralta 22,339
C. M. Olivier 3,560
Superintendent of Public Education—
R. M. Lusher 22,006
R. C. Richardson 3,663
W. A. Lacey
John H. Muse
J. A. Carrigan
H. R. LOTT,
Chairman Senate Committee.
B. P. VOORHIES,
Chairman House Committee.
Whereupon the presiding officer of the Senate
proclaimed that James Madison Wells, having ob¬
tained the greatest number of votes polled, is
hereby declared duly elected Governor of the
State of Louisiana for the constitutional term of
four years.
That Albert Voorhies, having obtained the great¬
est number of votes polled, is hereby duly elected
Lieutenant Governor of the State of Louisiana
for the constitutional term of four years.
That J. Hamilton Hardy, having obtained the
greatest number of votes polled, is hereby de¬
clared duly elected Secretary of State of the State
of Louisiana, for the constitutional term of four
years.
That Andrew S. Herron, having obtained the
greatest number of votes polled, is hereby de¬
clared duly elected Attorney General of the State
of Louisiana for the constitutional term of four
years.
That Hypolite Peralta, having obtained the
greatest number of votes polled, is hereby de¬
clared duly elected Auditor of Public Accounts of
the State of Louisiana for the constitutional term
of four years.
That Adam Giffen, having obtained the greatest
number of votes polled, is hereby declared duly
elected State Treasurer of the State of Louisiana
for the constitutional term of four years.
That Robert M. Lusher, having obtained the
greatest number of votes polled, is hereby de¬
clared duly elected Superintendent of Public Edu¬
cation for the State of Louisiana for the consti¬
tutional term of four years.
On motion by Mr. Gordon, the Senate withdrew
to the hall of their sittings.
On reassembling in their Senate Chamber, the
Senate was called to order.
Mr. Geo. W. Munday in the chair.
On motion by Mr. Gordon, the roll call was dis¬
pensed with.
The same Senator presented the following reso¬
lution, which was considered by unanimous con¬
sent and agreed to:
Resolved. That a committee of tnree members,
on the part of the Senate, be appointed to meet a
similar committee on the part of the House of Re¬
presentatives, in order to take such steps as may
be necessary preparatory to the inauguration of
30
JatKlTAL' OF
James Madison Wells, Governor elect of the State of
Louisiana.
Whereupon, the Chair appointed 'Messrs. Gor¬
don, Palfrey and Gibson, on the committee.
On motion by Mr. Palfrey, the Senate adjourned
until Monday next at 11 o clock a. m.
OSCAR ARROYO, Assistant Secretary.
Monday, Dec. 4, 1865.
The Senate met pursuant to adjournment.
Present, the Hon. Victor Burthe, President of the
Senate, in the Chair.
Messrs. Abney, Anderson, Armstrong, Barrow,
Brown, :Cooley, Duyignaud, Egan, Ellis, Foute,
Finney, Gibson, Gordon, Hough, Kelso, Kenner,
Lapeyre, Lott, Mohan, Munday, Newton of
Jackson, Newton of Morehouse, Palfrey, Pur-
cell, Taylor, and Welch—27 Senators.
The journal of last Saturday was read and ap¬
proved.
member qualified.
On motion by Mr. Lott, the oath of office was
administered by the President to Mr. Wade H.
Hough, Senator elect from the District composed
of the parishes of Catahoula, Caldwell and
Franklin.
leave of absence.
On motion by Mr. Kenner, leave of absence
was granted to Mr. S. M. Berault, Senator from
St. James and St. John Baptist.
motions.
On motion by Mr. Foute, the President was re¬
quested to appoint two additional members on the
Committee on the Judiciary.
On motion by Mr. Egan, leave was granted him
to be relieved from serving on the Committees on
Penitentiary and Prisons, on Claims and Contingent
Expenses.
On motion by Mr. Lott, ordered that all that
part of the Governor's Message as relates to
Federal relations be referred to the Committee on
Federal Relations.
That so much of the Message as relates to
levees and railroads be referred to the Committee
on Public Works, Lands and Levees.
That so much of the Message as relates to the
finances of the State be referred to the Committee
on Finance.
That so much of the Message as relates to labor
of freedmen, be referred to the Select Joint Com¬
mittee on Labor.
That so much of the Message as relates to public
schools be referred to the Committee on Public
Education.
That so much of the Message as relates to
charitable institutions be referred to the Com¬
mittee on Charitable Institutions.
That so much of the Message as relates to a
judicial system in the State be referred to the
Committee on the Judiciary. 1
That so muchof the Message as relates to a peni¬
tentiary and prison system be referred to the Com¬
mittee on the Penitentiary and Prisons.
That so much of the Message as relates to the
militia be referred to the Committee on the
Militia.
That so much of the Message as relates to banks
be referred to the Committee on Banks and
Banking.
On motion by Mr. Kenner, ordered that hereaf-
ter the hours of meeting of the Senate will be at
12 o'clock m.
On motion by Mir. Egan, ordered that the Ser-
geant-at-Arms be requested to prepare a seat at
the reporters' desk for Mr. Burwell, reporter for
the National Intelligencer.
On motion by Mr. Munday, ordered that all bills
of a general character, when referred to commit¬
tees, shall be printed for the use of the Senate.
On motion by Mr. Foute, the President was re¬
quested to appoint an additional member on the
Committee on Federal Relations.
petitions, memorials and resolutions.
Mr. Mohan presented a memorial of Sister Memy,
Aid Superioress of the St. Vincent Infant Asylum,
at New Orleans, praying for relief—the reading of
which was dispensed with, and on motion by Mr.
Munday, the same was ordered to be refefred to
the Committee on Charitable Institutions.
message from the house.
Mr. E. W. Halsey, Assistant Clerk of the House
of Representatives, informed the Senate' that the
House had concurred in Senate's joint resolution
for the appointment of a joint committee to pre¬
pare and report such laws necessary for the pro¬
tection of the persons and property of the' freed¬
men of the State, including their social relations
towards each other, with amendments.
And that the Speaker had appointed 'Messrs.
Nutt, Anderson of Madison, Boyce, Durable,Ewihg,
Harrison, Buie, Davenport,Roman, Ditto, Eldridge,
Head, Moreland, Decker and McEnery.'the com¬
mittee on the part of the House.
And he requested the concurrence of the Senate
in House joint resolutions entitled joint resolution
appointing a committee to confer with a like com¬
mittee of the Senate, for the purpose of fixing the
per diem of the employees of the General As¬
sembly.
And that the Speaker had appointed Messrs.
Fagot, Wiltz, Scott, Tucker and Waddell the com¬
mittee on the part of the House.
And also in joint resolution protesting against
the reception by the United States Senate of Messrs.
Michael Hahn and R. King Cutler as Senators from
Louisiana.
notices of bills.
The hereinafter named Senators respectively
gave notice of their intention to ask leave to intro-
the; senate.
duce at some future day the following entitled bills,
to-wit:
Mr. Mohan—
An act to regulate the pay and hours of laborers
upon public works.
Mr. Duvignaud—
An act to prevent frauds in the registry of voters
in the parish of Orleans.
An act granting a pre-emption to actual settlers
on public lands, and
An act relative to legal advertisements in the
parish of Orleans.
REPORT OF STANDING COMMITTEES.
Mr. Abney, from the Committee on Enrolled
Bills, reported as correctly enrolled Senate's joint
resolution relative to Federal relations, and the
Secretary was directed to request the signature of
the Speaker of the House thereto.
REFERENCE OF BILLS.
On motion by Mr. Duvignaud, the rules were
suspended, and the Senate proceeded to the con¬
sideration of Senate bill entitled " An act rela¬
tive to respite to debtors who have incurred losses
from the late civil warwhen, on motion by the
same Senator, the further consideration of this bill
was postponed. It was ordered to be referred to
the Committee on the Judiciary, and fifty addi¬
tional copies were ordered to be printed for the
use of the Senate.
On motion by Mr. Munday, the rules were sus¬
pended, and the Senate proceeded to the consid¬
eration of Senate bill entitled " An act to provide
for, and ?6gulate, the sale of property at fixed
sales, under an order of seizure and sale; when,
on motion by the same Senator, the further con¬
sideration of this bill was postponed, and it was
ordered to be referred to the Committee on the
Judiciary.
On motion by the same Senator, the rules were
suspended, and the Senate proceeded to the con¬
sideration of Senate bill entitled " An act to pro¬
vide for the regulation of the labor and care of
freedmen and women and their children in the
State of Louisianawhen, on motion by the same
Senator, the further consideration of this bill was
postponed, and it was ordered to be referred to
the Committee on the Judiciary,
Senate concurred in House amendments.
On motion by Mr. Kenner, the rules were sus¬
pended and the Senate proceeded to the consider¬
ation of the House amendment to the Senate's
joint resolution for the appointment of a Joint
Committee to prepare and report such laws ne¬
cessary for the protection of the persons and
property of the freedmen of the State, including
their social relation towards each other.
The amendment of the House being to strike
out all that part of the resolution which authorizes
the committee to sit during the recess of the Leg¬
islature.
, On motion by the same Senator, the Senate'con¬
curred in the House amendment, and the Secretary
was directed to inform the House thereof.
BILLS INTRODUCED WITHOUT NOTICE AND REFERRED.
The hereinafter named Senators, without pre¬
vious notice and with a suspension of the rules
first granted, respectively asked and obtained
leave to introduce the following entitled bills,
which severally underwent their first and second
readings by their respective titles, and were re¬
ferred as indicated below, to-wit:
Mr. Foute—
An act to amend an act entitled "An act rela¬
tive to judicial and other sales made at public auc¬
tion," approved March 12, 1855.
An act to amend an act entitled an act relative
to auctioneers. Approved March 12,1855.
Mr. Lott—
An act to regulate forced and judicial sales of
property in certain cases.
Mr. Taylor—
■An act relative to advertisements in cases of
successions.
All of which bills were referred to the Com-
piittee on the Judiciary.
Mr. Munday—
An act to provide for the punishment of per¬
sons for tampering with, by persuading or entic¬
ing away, harboring, feeding or secreting freed¬
men or women, whose services are engaged, or
who are apprenticed by contract.
Which bill was ordered to be referred to the
joint select Committee on Labor.
ORDERS OF THE DAY—HOUSE MESSAGES, FIRST
READINGS.
Joint resolutions relative to that portion of the
Governor's Message relative to secret societies.
On motion by Mr. Munday the rules were sus¬
pended, these joint resolutions underwent their
several readings, they were concurred in and the
Secretary was directed to inform the House there¬
of.
Joint resolution requesting his Excellency, Gov.
J. Madison Wells, to recover the statue of George
Washington, removed by Federal authorities from
Baton Rouge.
On motion by Mr. Munday, these joint resolu¬
tions underwent their several readings; they were
concurred in, and the Secretary was directed to
inform the House thereof.
SECOND READINGS.
An act to exempt the homestead of house¬
holders from seizure and sale under execution,
and also to exempt from execution, from seizure
for rent, from garnishment certain personal pro¬
perty and effects, the wages for labor, compensa¬
tion for professional and other services.
On motion by Mr. Munday, this bill underwent
it second reading by its title, and it was ordered
to be referred to the Committee on the Judiciary.
82
JOURNAL OF
Joint resolution for the suspension of all busi¬
ness until the adoption or rejection of the bill to
call a Convention.
On motion by Mr. Gordon, the rules were sus¬
pended ; this joint resolution underwent its second
reading, its further consideration was postponed,
and it was ordered to be referred to the Committee
on Amendments to the Constitution.
An act to prevent the inveiglement of laborers
employed on plantations.
On motion by Mr. Duvignaud, the rules were
suspended, this bill underwent its second reading,
its further consideration was postponed, and it
was ordered to be referred to the select Joint Com¬
mittee on Labor of both Houses.
report from a select committee.
Mr. Gordon, from the select joint committee of
both Houses, appointed for the purpose of making
the necessary arrangements fox the inauguration
of his Excellency James Madison Wells, Governor
elect of the State of Louisiana, reported that the
committee had waited on the Governor, and that
he had appointed 3 o'clock p. m., this day, as the
time at which he would meet the Legislature for
the purpose of being inaugurated.
installation of lieut. gov. albert voorhies.
On motion by Mr. Duvignaud, and on stating to
the Senate that the Hon. Albert Voorhies, the
Lieutenant Governor elect, was present in the Sen¬
ate Chamber, and ready to take his seat as Presi¬
dent of this body; on motion by Mr. Mohan, a
committee of two was appointed to wait on the
Hon. Albert Voorhies and escort him to the Chair.
And the President appointed Messrs. Mohan and
Duvignaud on the Committee.
The Hon. Albert Voorhies, accompanied by the
committee, appeared and was escorted to the
Chair, where he was qualified by taking the oath
required by the Constitution, which was adminis¬
tered to him by the President of the Senate, and
thereupon took his seat as the Presiding Officer of
this body.
committee service.
The President announced that he had appointed
Messrs. Burthe and Egan additional members of
the Committee on the Judiciary; Mr. Gibson, ad¬
ditional member of the Committee on Federal
Relations; Mr. Taylor, member of the Committee
on Pennitentiary and Prisons, vice Mr. Egan, re¬
signed ; Mr. Munday, member of the Committee
on Claims, vice Mr. Egan resigned, and Mr.
Hough, member of the Committee on Contingent
Expenses, vice Mr. Egan resigned.
house joint resolutions concurred in.
On motion by Mr. Mohan the rules were sus¬
pended and the Senate proceeded to the considera¬
tion of the "House joint resolution protesting
against the reception by the United States Senate
of Messrs. Hahn and Cutler as Senators from Lou¬
isiana," when, on a further motion by the same Sen¬
ator, these joint resolutions underwent their seve¬
ral readings, they were concurred in and the Sec¬
retary was directed to inform the House thereof.
On motion by Mr. Munday the rules were sus¬
pended and the Senate proceeded to the considera¬
tion of the "House joint resolution appointing a
committee to confer with a like committee of the
Senate for the purpose of fixing the per diem of
the employees of the General Assembly" which*
underwent its several readings, the blank therein
was filled with the word "three" and the joint
resolution was concurred in.
Whereupon the President appointed Messrs.
Mohan, Taylor and Ellis, the committee on the
part of the Senate.
On motion by Mr. Lapeyre, the Secretary was
directed to inform the House thereof.
RESOLUTIONS.
Mr. Egan presented the following resolution
which was considered by unanimous consent and
agreed to:
Resolved, That the Committee on Public Educa¬
tion inquire into the expediency of of allotting the
public land scrip appropriated by Congress, under
an act passed, to such institution or institutions of
learning as the committee may deem proper.
Mr. Taylor presented the following reso¬
lution, which was considered by unanimous con¬
sent and agreed to:
Resolved, That the Committee on the Peniten¬
tiary and Prisons be and they are hereby instruct¬
ed to inform this body of the number of State
prisoners now under conviction, and confined in
this city and elsewhere ; also, to report cost of
their maintenance, and what employment, if
any, they are engaged in ; and that the Committee
be empowered to visit the Penitentiary at Baton
Rouge, to report on its condition, and recommend
measures to this body by which said prisoners can
be conveyed thither, and their labor employed to
the advantage of the State.
MESSAGE FROM THE HOUSE.
Mr. E. W. Halsey, Assistant Clerk of the House,
informed the Senate that the House had concurred
in the Senate's bill, entitled, " an act to provide
for the payment of members, officers and contin¬
gent expenses of the General Assembly.
And that the Speaker of the House had signed
Senate's joint resolution relative to Federal Rela¬
tions, which thereupon received the signature of
the Presidnt of the Senate.
JOINT RESOLUTION INTRODUCED WITHOUT NOTICE.
Mr. Gordon, without previous notice, and with
a suspension of the rules just granted, asked and
obtained leave to introduce the following resolu¬
tion :
Resolved, By the Senate (the House concur¬
ring,) that so much of the Governor's Message as
refers to a site for the erecfion of a State House
as the Capitol, be referred to a special committee
of three members of the Senate and members
of the House of Representatives.
Which resolution underwent its several readings
and it was adopted.
rtm SENATE.
33
report of an enrolled bill.
Mr. Abney, from the Committee on Enrolled
Bills, reported as correctly enrolled Senate's bill
entitled "an act to provide for the payment of
members, officers and contingent expenses of the
General Assembly," and the Secretary was direct¬
ed to request the signature of the Speaker thereto.
Subsequently by a message from the House of
Representatives, through Mr. E. W. Halsey, its
Assistant Clerk, the Senate was informed that the
Speaker of the Honse had signed said bill, which
also received the signature of the President of the
Senate.
executive communication.
The President laid before the Senate the follow¬
ing communication from his Excellency the Gov¬
ernor :
State of Louisiana, Executive Department, {
New Orleans, Dec. 4,1865. (
To the Honorable the President of the Senate:
I most respectfully inform the General Assem¬
bly that I have this day taken and subscribed my
oath of office as Governor elect of the State, and
owing to the state of my health, trust that I will
be excused from appearing before the General
Assembly to go through the ceromony of a public
installation into the office as arranged by them.
J. Madison Wells,
Governor of Louisiana.
On motion by Mr. Taylor, the Senate went into
secret session, and after some time spent therein,
the doors were reopened.
On motion by Mr. Kenner, the above communi
cation from his Excellency, the Governor, was re
ceived and ordered to be spread upon the minutes.
And the same Senator submitted the following
resolution, which was considered by unanimous
consent and agreed to:
Resolved, That the Secretary of the Senate in
form the House that owing to the above com
munication from the Governor, which has been
received and ordered to be spread upon the
minutes, the Senate will not meet the House to¬
day at 3 o'clock p. M., to witness the installation
of Gov. Wells.
On motion by the same Senator the Senate ad¬
journed until to-morrow, at 12 o'clock m.
HENRY B. KELLY,
Secretary of the Senate.
Tuesday, December 5, 1865.
The Senate met pursuant to adjournment.
Present, the Hon. Albert Yoorhies, Lieut. Gov¬
ernor and President of the Senate, in the Chair.
Messrs. Abney, Anderson, Armstrong, Barrow,
Brown, Burthe, Campbell, Cooley, Duvignaud,
Eagan, Ellis, Foute, Finney, Gibson, Gordon,
Hough, Kelso, Kenner, Lapeyre, Scott, Mohan,
Munday, Newton of Jackson, Newton of More¬
house, Palfrey, Purcell, Taylor, Welch, Wilcoxon
and Wood—31 Senators.
The proceedings were opened with prayers of¬
fered by the Rev. Mr. Palmer, of the First Pres¬
byterian Church.
A5
qualification of a member.
On motion by Mr. Burthe, the oath of office was
administered, by the President, to Mr. William
Campbell, Senator from the District composed of
the parishes of Lafayette, Calcasieu and St. Lan¬
dry, and he took his seat.
committee service.
On motion by Mr. Palfrey, Mr. A. T. Welch was
appointed as an additional member on the Com¬
mittee on Public Works, Lands and Levees.
The President announced to the Senate that in
pursuance of a resolution adopted by the Senate,
on yesterday, he has appointed Messrs. Gordon,
Newton of Jackson, and Burthe, on the select com¬
mittee on the part of the Senate to select a site for
a State House.
resolution.
Mr. Abney submitted the following resolution,
which was considered by unanimous consent and
agreed to:
Resolved, That the sum of two hundred dollars
be paid to Mr. John E. Neelis, on his own war¬
rant, out of the contingent fund of the Senate, for
his services as Secretary at the opening of the
present session.
message to the house.
The Secretary informed the House of the con¬
currence of the Senate in House joint resolution
entitled—
Joint Resolution protesting against the 'recep¬
tion by the United States Senate of Messrs. Hahn
and Cutler as Senators from Louisiana.
And Joint Resolution appointing a committee to
confer with a like committee of the Senate, for
the purpose of fixing the per diem of the employ¬
ees of the General Assembly.
And that the President of the Senate had
appointed Messrs. Mohan, Taylor and Ellis the
committee on the part of the Senate.
reports of standing committees.
Mr. Finney, from the Committee on the Judi¬
ciary, submitted the following report, viz.:
The Judiciary Committee of the Senate beg leave
to report that they have carefully examined the
matter referred to them growing out of the me¬
morial of Mr. S. 0. Scruggs, contesting the seat
of the Hon. A. Wood in this body, from the Sena¬
torial District composed of the parishes of Natchi¬
toches, Sabine, DeSoto and Caddo.
There is no evidence dehors the returns of an
election purporting to have been held at the Many
Precint, in the parish of Sabine, on the 5th of Sep¬
tember, 1864, and now on file in the office of the
Secretary of State, of the election of Mr. Wood
as Senator from that district. This return the
Committee present with this report.
It will be seen by reference thereto, that at said
alleged election twenty-six persons voted; that
the polls were opened at 9 o'clock p. m., (night)
and closed at o o'clock a. m., (morning;) that W.
34
JOURNAL OP
Cochran, John Rogers and Foster Williams were
commissioners, and that the returns were for¬
warded to the State Department by J. Broussard,
sheriff; that said commissioners and said sheriff
voted, and that of the votes cast A. Wood received
for Senator twenty-four votes and John Rogers re¬
ceived two votes.
In the opinion of the committee even were these
returns uncontradicted, they would show that Mr.
Wood has no claim to a seat in this body. But,
on the contrary, it is shown—
1st. That Mr. Wood is not, and was not, on the
5th of September, 1864, a " duly qualified voter"
of the Senatorial district in question, and not even
a resident of the district.
2d. That no election could have been held at
such date, inasmuch as the district was garrisoned
by Confederate troops hostile to the Government
under which Mr. Wood claims an election.
3d. It is shown affirmatively that no election was
held at the Many Precinct, or elsewhere in the
district, at that time.
4th. That of the list of twenty-six votes re¬
turned but one is shown to have been a resident
of the district, to-wit: James Browne.
5th. That no such persons as W. Cochran, John
Rodgers and Foster Williams, who appear upon
said returns as Commissioners, resided in said dis¬
trict at said time or now; and
6th. That no such person as J. Broussard, who
signed said returns as Sheriff, ever resided in said
district, or exercised the functions of Sheriff
therein. In view of these facts, the committee re¬
port that Mr. A. Wood has not the qualifications of
a Senator from said district, and that he was
never, at any time, elected therefrom. That,
therefore, Mr. Wood is not entitled to a seat in
this Senate, as claimed by him.
The committee further report that the proclama¬
tion of the Governor, ordering the election on the
6th of November, 1865, ordered an election in the
district in question for but one Senator. That the
Sheriffs of the parishes of said district, in accord¬
ance'with said proclamation, gave notice of an
election for but one Senator. It is shown that the
prevailing impression among the people was that
they were entitled to vote but for one Senator,
and that at said election the people voted for but
one Senator, except at one precinct.
Believing, therefore, in point of fact, that there
was no intention among the people of the district
to vote on the 6th of November, 1865, for but one
Senator, and that in the exercise of their right to
elect but one thereat, they elected the Hon. Mr.
Armstrong, the committee do report that in their
opinion Mr. Scruggs, the contestant, is not en¬
titled to a seat in this body, as claimed by him.
They, therefore, recommend, in order that the
district in question may have its full representa¬
tion in the Senate, that the Governor be requested
to cause an election to be held in said district, to
fill the vacancy in said body, at the earliest possi¬
ble day.
JNO. FINNEY, Chairman.
December 5, 1865.
On motion of Mr. Abney, leave was granted to
Mr. S. 0. Scruggs, the contestant, to address the..
Senate on his behalf.
On motion by Mr. Gordon, the above report was
unanimously adopted.
Mr. Finney, from the same Committee, sub¬
mitted the following report:
The Judiciary Committee of the Senate respect¬
fully submit the following report, in the matter
referred to them of David N. Barrow contesting
the seat in the Senate of the Hon. William Brown,
as Senator from the District composed of the
parish of Iberville.
Mr. Brown, it appears, received at the special
election on the 5th of September, 1864, twenty-
eight votes, at the precinct in the town of Plaque-
mine, parish of Iberville; and that he received no
other votes elsewhere in said parish. It is shown
that the usual legal vote of said precinct is about
two hundred votes. Also that in said parish there
are eight precincts, and were at said time (Sept. 5,
1864,) as established bylaw. That no election was
held at any precinct in said parish, except at Plaque-
mine, and that no notice of election elsewhere was
given of the same. It further appears that the
greater portion of the parish was held by the Con¬
federate troops, and at said time no election could
have been held outside of said town and precinct
of Plaquemine, under the proclamation of Gov.
Wells. It is further shown that a number of1
persons who attempted to attend said election
at Plaquemine, on the 5th of September, 1864,
were prevented from so doing, being denied ad¬
mission within the Federal lines, which extended
around said town. As an election of the people of
the District could not at said time have been held,
and as Mr. Brown received only twenty-eight
votes, out of a voting population of eight hundred
votes, the committee are of the opinion that the
requirements of the Constitution and of the laws
of the State were not observed in the election of
the 5th December, 1864, under which Mr. Brown
holds, and therefore that he is not entitled to a
seat in this body as claimed by him.
In regard to the claims of the contestant, Mr.
David N. Barrow, the committee find that Mr.
Barrow received on the 6th November, 1865, in said
parish of Iberville, three hundred and nineteen
votes, and that Mr. John A. Dardenne received
one hundred and forty-two votes; that no election
for Senator for said District was ordered in the
proclamation of Governor Wells; that no notice
of an election for Senator for said District was
given by the Sheriff of the parish of Iberville,
which composes said District; and it appears
THE SENATE.
also that great doubt existed in tlje
minds of the people of the District,
as to their right to elect a Senator to represent
the same at the election on the 6th November,
1865.
In view of these facts, and in order that an
election may be held, according to the forms of
law, and that the people of the District may, after
being legally notified thereof, elect a Senator to
represent them, the committee report that Mr.
David N. Barrow is not entitled to the seat in this
body claimed by him, and they respectfully re¬
commend that His Excellency Governor Wells be
requested to cause to be held in said District, at
the earliest practicable day, an election for State
Senator.
[Signed] JOHN FINNEY,
Chairman.
December 5,1865.
On motion by Mr. Lapeyre the above report was
unanimously adopted.
Mr. Abney, from the Committee on Enrolled
Bills, submitted the following report, to-wit:
The Joint Committee on Enrollment have the
honor to report that the following gentlemen
have been elected Chief Clerk and Clerks of the
Enrolling room, to-wit:
Chief Clerk—B. J. Preaux.
Clerks—Messrs. E. Desdunes, Joseph Corwin,
E. S. Ogden, T. E. Warner, Z. J. Ducote, P. H.
Cummings, F. Garrett, James Cooper, J. J. Gu¬
tierrez, J. M. Wright, F. J. Laizer, E. Martin, J.
D. Delacroix, M. George, 0. Commeau, C. W.
White, P. P. Briant, S. D. McNeil, Louis Powers
and M. Dodart.
Respectfully submitted,
A. A. ABNEY,
Chairman Senate Committee.
S. P. DeLABARRE,
Chairman House Committee.
On motion, the above report was adopted.
bills introduced without notice.
The hereinafter named Senators, without pre¬
vious notice and with a suspension of the rules
first granted, respectively asked and obtained
leave to introduce the following entitled bills,
which underwent their first and second readings
by their respective titles, and were referred as
indicated below, viz:
Mr. Newton, of Morehouse—
An act to create Probate Courts in the different
parishes of the State, with ordinary and criminal
jurisdiction in certain cases, Orleans and Jefferson
exempted, which was referred to the Committee
on the Judiciary.
Mr. Hough—
An act for the relief of tax payers, which was
refeired to the Committee on Finance.
committee service.
The President announced that owing to the va¬
cancies of Messrs. Wood and Brown in the Senate,
he had appointed the following Senators to the
various Standing Committees, viz :
Mr. Purcell on the Committee on Federal Rela¬
tions.
Mr. Burthe on the Committee on Public Educa¬
tion.
Mr. Campbell on the Committees on Commerce,
Agriculture and Manufactures, and on the Peni¬
tentiary and Prisons.
Mr. Kavanaugh on the Committee on Claims.
Mr. Lott on the Committee on Parochial Affairs.
On motion by Mr. Gordon the Senate adjourned
until to-morrow, at 12 o'clock m.
HENRY B. KELLY,
Secretary of the Sena te
Wednesday, December 6, 1865.
The Senate met pursuant to adjournment.
Present, the Hon. Albert Voorhies, Lieutenant
Governor and President of the Senate, in the Chair;
Messrs. Abney, Anderson, Armstrong, Barrow,
Brownlee, Burthe, Campbell, Cooley, Duvignaud,
Egan, Ellis, Foute, Finney, Gibson, Gordon,
Hough, Kavanaugh, Kelso, Kenner, Lapeyre, Lott,
Mohan, Munday, Newton of Jackson, Newton of
Morehouse, Palfrey, Purcell, Taylor, Welch and
Wilcoxon—30 Senators.
The proceedings were opened with prayers of¬
fered by the Rev. Mr. Moynihan, of the Roman
Catholic Church.
The journal of yesterday was read and approved.
executive communication.
The President submitted to the Senate a commu¬
nication from the Hon. Hypolite Peralta, Aditor of
Public Accounts of this State, informing the Sen¬
ate that he had entered into the discharge of his
duties, and that he was ready to give such infor¬
mation as the Senate may desire, and that he was
preparing a full and complete statement showing
the actual indebtedness of the State, which will be
submitted to the Senate.
On motion by Mr. Kenner, the further conside¬
ration of the above communication was postponed
and it Was ordered to be referred to the Committee
on Finance.
The President submitted to the Senate the fol¬
lowing communication from Mr. N. C. Sneethen,
Private Secretary to his Excellency the Governor,
viz:
State of Louisiana, Executive Department, )
New Orleans, Dec. 6th, 1865. f
To the President of the Senate—I am in¬
structed, by his Excellency the Governor, to in¬
form the Senate thathe had approved and signed—
An act to provide for the payment of members,
officers and contingent expenses of the General
Assembly, and joint resolution relative to Federal
Relations. N. C. SNEETHEN,
Private Secretary,
86
JOURNAL OF
The President also laid before the Senate the
following communication from his Excellency the
Governor, viz:
State of Louisiana, Executive Department, )
New Orleans, Dec. 6th, 1865. j
Sir—I transmit for the information of Senators,
copy of a dispatch just received by me from the
Hon. Jacob Barker, Member of Congress from the
Second District:
"Washington, Dec. 3d, 1865.
"A caucus unanimously resolved to refer the cre¬
dentials from Confederate States to joint committee
from both Houses."
Very respectfully, sir,
J. MADISON WELLS,
Governor of Louisiana.
motions.
On motion by Mr. Abney, the President was re¬
quested to appoint a Messenger for the Senate.
Whereupon the President appointed Mr. Charles
Gassel as Messenger.
On motion by Mr. Finney, he was excused from
serving on the Joint Committee on Labor.
Whereupon the President appointed Mr. Ander¬
son in his stead.
On motion by Mr. Munday, leave of absence was
granted to Mr. Palfrey, Senator from St. Mary.
On motion by Mr. Burthe, and on stating to the
Senate that he had, while occupying the Chair,
omitted to appoint a member, on the part of the
Senate, on the Joint Committee on Labor,
Whereupon the President aqpointed Mr. Burthe
on said Committee.
On motion by Mr. Duvignaud, Mr. Mohan was
appointed an additional member on the Committee
on Charitable Institutions.
report of a standing committee.
Mr. Palfrey, from the Committee on Public
Works, reported a joint resolution to ratify and
confirm certain contracts made by the Governor at
the instance of the Board of Levee Commissioners,
which underwent its first and second readings, and,
on motion by the same Senator, the further con¬
sideration was postponed, and it was made the
special order of the day for Monday next.
On motion of Mr. Gibson, ordered that fifty
copies of the proceedings of the Board of Levee
Commissioners appointed by his Excellency, James
Madison Wells, Governor of Louisiana, together
with a list of contracts made and entered into by
them, be printed for the use of the Senate.
report of a select joint committee.
Mr. Mohan, from the select joint committee of
both Houses, to whom had been referre i the House
resolution to fix and determine the per diem of
the officers of the Legislature, reported a bill en¬
titled " an act fixing the compensation and pro¬
viding for the payment of officers, clerks and em¬
ployees of the General Assembly," which under¬
went its first reading, and was ordered to a second
reading.
message from the house.
^Mr. E. W. Halsey, Assistant Clerk of the House
at Representatives, requested the signature of the
President of the Senate to House enrolled joint
resolutions of the following titles, to wit:
Joint resolution requesting his Excellency, Gov.
J. Madison Wells, to recover the statue of George
Washington, removed by the Federal authorities
from Baton Rouge.
And joint resolution protesting against the re¬
ception by the United States Senate of Messrs.
Hahn and Cutler as Senators from Louisiana.
Which joint resolutions thereupon received the
signature of the President of the Senate, and were,
by the Senators, returned to the House of Repre¬
sentatives.
bills introduced and referred.
The hereinafter named Senators, without pre¬
vious notice given, and with a suspension of the
rules first granted, respectively obtained leave to
introduce the following entitled bills, which under¬
went their first and second readings by their re¬
spective titles, and were severally referred as indi¬
cated below, to wit:
Mr. Palfrey—
An act organizing the District Courts and fixing
the terms thereof, which was referred to the Com¬
mittee on the Judiciary.
Mr. Lapeyre—
An act suspending prescription in certain cases,
which was referred to the Committee on Finance.
Mr. Brownlee—
Joint resolution for the relief of Luke Dillon,
which was referred to the Committee on Claims.
reconsideration and passage of a bill.
On motion by Mr. Palfrey leave was granted him
to reconsider the vote given this morning on fixing
joint resolution to ratify and confirm certain con¬
tracts made by the Governor, at the instance of the
Board of Levee Commissioners, for the special
order of the day for Monday next.
The reconsideration being granted, on motion by
the same Senator the rules were suspended, this
joint resolution underwent its second and third
readings, and it was adopted.
On motion by Mr. Gibson, the Secretary was di¬
rected to request the concurrence of the House
therein.
message from the house.
Mr. E. W. Halsey, Assistant Clerk of the House
of Representatives informed the Senate that the
House had concurred in Senate's joint resolution
providing for the election of two United States
Senators, with amendment.
On motion by Mr. Taylor, the rules were sus¬
pended and the Senate proceeded to the considera¬
tion of said message.
The amendment made by the House being to
strike out the words " Monday, the 4th of Deoem-
THK SENATE.
3T
ber, 1865, at 2 o'clock jp. m.," and to insert in lieu
thereof the 'words " to-day at 3 o'clock p. m."
On motion by the same Senator, the Senate con¬
curred in the amendment and the Secretary was
directed to inform the House thereof.
On motion by Mr. Anderson, the hour of three
in the afternoon having arrived, the Senate re¬
paired to the Hall of the House of Representa-
tives to elect two United States Senators from this
State.
JOINT SESSION.
Honorable Albert Yoorhies, Lieutenant Governor
and President of the Senate in the Chair.
On a call of the roll it appeared that the follow¬
ing members were present, to-wit:
Messrs. Abney, Anderson, Armstrong, Barrow,
Burthe, Campbell, Cooley, Duvignaud, Egan, Ellis,
Foute, Finney, Gibson, Gordon, Hough, Kava-
naugh, Kelso, Lapeyre, Lott, Mohan, Munday,
Newton of Jackson, Newton of Morehouse, Pal¬
frey, Taylor and Welch—26 Senators.
And Hon. Duncan S. Cage, Speaker of the
House; Messrs. Anderson of Catahoula, Ander¬
son of Madison, Austin, Alverson, Addison, Bailey,
Blackman, Brown, Boyce, Buie, Collins, Couvillon,
Davenport, Daigle, Drake, DeBlanc, DeLabarre,
Decker, Drew, Ditto, Duralde, Dugas, Eastin,
Eager, Elam, Eldridge, Eustis, Ewing, Fagot, Fen-
ner, Freret, Fishburn, Fulda, Gates, Gantt, Gott-
schalk, Hanlon, Halsey, Harrison, Head, Hatch,
Hays, Hudspeth, Jonas, Kent, Kelly, Kidd, Kile,
Lagroue, Laurent, Leeds, Lemarie, Lewis, Lip¬
scomb, Martin, Meredith, McKelvey, McEnery,
McConnell, McDonald, McGee, McCloskey, More-
land, Montgomery, Murray, Nutt, James Phillips
of Orleans, Alfred Phillips of Orleans, Powell,
Pujo, Prudhomme, Regenberg, Richafdson, Rich¬
ards, Roman, Rogers, Robinson, Sambola, Scanlan,
Seger, Simms, Snider, Smith, Stille, Solomon,
Tete, Theriot, Thieneman, Tucker, Yoorhies,
Walker, Whittington, Wiltz, Waggaman, William¬
son, Waddell and Weeks—98 Representatives.
RECAPITULATION.
26 Senators.
98 Representatives.
Total present, 124 members of the General As¬
sembly. Necessary for a choice—63 votes.
Mr. Ewing of the House nominated the Hon.
Randell Hunt of New Orleans.
Mr. McEnery of the House nominated the Hon.
Isaiah Garrett of Ouachita.
Mr. Kent of the House nominated the Hon.
Charles Gayarre of New Orleans.
Mr. Couvillon of the House nominated the Hon.
Henry Boyce of Rapides.
Mr. Robinson of the House nominated the Hon.
George Williamson. This gentleman withdrew his
name and nominated Governor James Madison
Wells of Rapides.
Mr. Stille of the House nominated Mr. J. Q. A.
Fellows of New Orleans.
Mr. Hudspeth of the House nominated the Hon.
Henry Gray of Bienville.
And Mr. Kidd of the House nominated the Hon.
J. W. McDonald of Claiborne.
On motion by Mr. Anderson of the Senate the
General Assembly proceeded to vote for one
Senator to represent the State of Louisiana in the
Congress of the United States for the long term,
and the following was the result to-wit:
Messrs. Abney, Anderson, Armstrong, Barrow,
Burthe, Campbell, Cooley, Egan, Ellis, Foute,
Finney, Gibson, Gordon, Hough, Kavanaugh,
Kelso, Lapeyre, Lott, Mohan, Munday, Newton of
Jackson, Newton of Morehouse, Palfrey, Taylor and
Welch, of the Senate; and Hon. Duncan S. Cage,
Spreaker of the House, and Messrs. Anderson of
Catahoula, Anderson of Madison, Austin, Alverson,
Addison, Bailey, Blackman, Brown, Boyce, Buie,
Collins, Davenport, Drake, Deblanc, Decker,
Drew, Ditto, Duralde, Dugas, Eastin, Eager, Elam,
Eldridge, Eustis, Ewing, Fagot, Fenner, Freret,
Fishburn, Fulda, Gates, Gantt, Gottschalk, Hanlon,
Halsey, Harrison, Head, Hatch, Hays, Hudspeth,
Jonas, Kent, Kelly, Kidd, Kile, Lagroue, Laurent,
Leeds, Lemarie, Lipscomb, Martin, Meredith,
McKelvey, McEnery, McConnell, McDonald, Mc¬
Gee, McCloskey, Moreland, Montgomery, Murray,
Nelligan, Nutt, James Phillips of Orleans, Alfred
Phillips of Orleans, Powell, Pujo, Prudhomme,
Regenberg, Richardson, Richards, Roman, Rogers,
Robinson, Sambola, Scanlan, Simonds, Snider,
Smith, Scott, Tete, Theriot, Thieneman, Tucker,.
Voorhies, Walker, Whittington, Wiltz, Waggaman,
Williamson, Waddell and Weeks of the House,
being 118 members of the General Assembly,
voted for the Hon. Randell Hunt.
That Mr. Duvignaud, of the Senate, and Messrs.
Daigle, DeLabarre and Solomon, of the House,
being 4 members of the General Assembly,
voted for the Hon. Charles Gayarre.
That Mr. Couvillon, of the House, voted for the
Hon. Henry Boyce.
And that Mr. Stille, of the House, voted for Mr.
J. Q. A. Fellows.
The Hon. Randell Hunt having obtained a ma¬
jority of the votes of the General Assembly was
proclaimed, by the President of the Senate, duly
elected Senator from the State of Louisiana to the
Congress of the United States, for the long term.
On motion of Mr. Anderson, of the Senate, the
General Assembly proceeded to ballot for a United
Senator for the short term, and the following was
the result of the vote, to-wit:
FIRST BALLOT.
Messrs. Gibson, Kavanaugh, Lapeyre and Mohan,
of the Senate ; and the Hon. Duncan S. Cage,
Speaker of the House, and Messrs. Austin, Bailey,
Davenport, Drake, Decker, Drew, Duralde, Eager,
38
JOURNAL OP
Eldridge, Fenner, Freret, Gottschalk, Hanlon, Hal-
sey, Hays, Lemarie, McKelvey, McConnell, More-
land, Murray, James Phillips of Orleans, Alfred
Phillips of Orleans, Robinson, Sambola, Simonds,
Smith, Scott, Thieneman, Yoorhies, Walker, Whit-
tington, Williamson and Weeks of the House, being
33 members of the General Assembly, voted for
Gov. J. Madison Wells.
That Messrs. Burthe, Duvignaud and Gordon of
the Senate, and Messrs. Addison, Deblanc, DeLa-
barre, Dugas, Eastin, Fagot, Fulda, Kent, Kelly,
Lagroue, Laurent, McGee, Pujo, Richards, Rogers,
Seger, Solomon, Tete, Theriot, Wiltz and Wagga-
man of the House, being 26 members of the Gene¬
ral Assembly, voted for the Hon. Charles Gayarre.
That Messrs. Barrow, Hough, Lott, Munday,
Newton of Jackson, Newton of Morehouse, and
Welch of the Senate, and Messrs. Anderson of
Catahoula, Boyce, Buie, Collins, Ditto, Fishburn,
Gates, Harrison, Jonas, Meredith, McEnery, Mc¬
Donald, Montgomery, Powell and Stille of the
House, being 23 members of the General Assem¬
bly, voted for the Hon. Isaiah Garrett.
That Messrs. Anderson, Armstrong, Campbell,
Foute, Finney and Kelso of the Senate, and Messrs.
Couvillon, Elam, Eustis, Gantt, Hatch, Kile, Leeds,
Lewis, McCloskey, Nutt, Prudhomme, Roman,
Scanlan and Waddell of the House, being 20
members of the General Assembly, voted for the
Hon. Henry Boyce.
That Messrs. Egan and Palfrey of the Senate,
and Messrs. Blackman, Daigle, Ewing, Head,
Hudspeth, Lipscomb, Martin, Richardson, and
Tucker of the House, being 11 members of
the General Assembly, voted for the Hon. Henry
Gray.
That Mr. Taylor of the Senate, and Messrs. An¬
derson of Madison, and Alverson of the House,
being 3 members of the General Assembly,
voted for the Hon. William S. Parham.
And that Mr. Abney of the Senate, and Messrs.
Kidd and Snider of the House, being 3 mem¬
bers of the General Assembly, voted fbr the Hon.
J. W. McDonald.
None of the candidates having received the
requisite majority the General Assembly proceed¬
ed to another ballot.
Mr. Hudspeth, of the House, withdrew the name
of the Hon. Henry Gray.
Mr. Kidd, of the House, withdrew the name of
the Hon. J. W. McDonald.
And the General Assembly proceeded to another
ballot, whereby it appears that Messrs. Egan, Gib¬
son, Kavanaugh, Lapeyre, Mohan and Palfrey, of
the Senate; and Hon. Duncan S. Cage, Speaker of
the House, and Messrs. Bailey, Davenport, Daigle,
Lfcrake, Decker, Drew, Duralde, Eager, Eldridge,
Ewing, Fagot, Fenner, Freret, Fulda, Gottschalk,
Hanlon, Halsey, Hays, Lemarie, McKelvey, Mc¬
Connell, McCloskey, Moreland, Murray, Nutt,
James Phillips of Orleans, Alfred Phillips of Or¬
leans, Richards, Robinson, Sambola, Scanlon, Si¬
monds, Smith, Theriot, Thieneman, Tucker, Yoor¬
hies, Walker, Whittington, Williamson and Weeks,:
of the House, being 48 members of the General As¬
sembly, voted for Governor James Madison Wells.
That Messrs. Abney, Barrow, Cooley, Hough,
Lott, Munday, Newton of Jackson, Newton of
Morehouse, Taylor and Welch, of the Senate; and
Messrs. Anderson of Madison, Anderson of Cat¬
ahoula, Austin, Alverson, Blackman, Boyce, Buie,
Collins, Ditto, Eastin, Fishburn, Gates, Harrison,
Head, Jonas, Laurent, Lipscomb, Meredith, Mc¬
Enery, McDonald, Montgomery, Powell and' Stifle,
of the House, being 33 members of the General
Assembly, voted for the Hon. Isaiah Garrett.
That Messrs. Burthe, Duvignaud, Ellis and Gor¬
don, of the Senate; and Messrs. Addison, Brown,
Deblanc, DeLabarre, Dugas, Hudspeth, Kent, Kelly,
Lagroue, Martin, McGee, Pujo, Rogers, Seger, Sol¬
omon, Tate, Wiltz and Waggaman, of the House,
being 22 members of the General Assembly, voted
for the Hon. Charles Gayarre.
That Messrs. Anderson, Armstrong, Campbell,
Foute, Finney, and Kelso, of the Senate; and
Messrs. Couvillon, Elam, Eustis, Gantt, Hatch,
Kile. Leeds. Lewis, Prudhomme, Roman, Snider
and Waddell, of the House, being 18 members of
the General Assembly, voted for the Hon. Henry
Boyce.
And that Messrs. Kidd, Regenberg and Richard¬
son, of the House, being 3 members of the
General Assembly, voted for the Hon. William S.
Parham.
None of the candidates having received the re¬
quisite majority, on motion of Mr. Gibson, the
Senate withdrew to the hall of their delibera¬
tions. *
On reassembling in the Senate Chamber, that
body was called to order by the Hon. Albert
Yoorhies, Lieutenant Governor, and President of
the Senate, in the Chair.
On a call of the roll it appeared that Messrs.
Abney, Anderson, Armstrong, Barrow, Burthe,
Campbell, Cooley, Duvignaud, Egan, Ellis, Foute,
Finney, Gibson, Gordon, Hough, Kavanaugh,
Kelso, Lapeyre, Lott, Mohan, Munday, NewtOn of
Jackson, Newton of Morehouse, Palfrey, Taylor
and Welch, 26 Senators, were present.
On motion by Mr. Kavanaugh, the Senate ad¬
journed until Friday next, at 12 o'clock jr.
HENRY B. KELLY,
Secretary of the Senate.
Friday, December 8th, 1865.
The Senate met pursuant to adjournment.
Present, the Hon. Albert Yoorhies, Lieutenant
Governor and President of the Senate, in the Chair.
Messrs. Abney, Anderson, Armstrong, Barrow,4
Burthe, Brownlee, Coco, Campbell; Cooley,Duvig
THE SENATE.
39
naud, Egan, Ellis, Foute, Gordon, Hough, Kelso,
Kenner, Lapeyre, Lott, Mohan, Munday, Newton
of Jackson, Newton of Morehouse, Purcell, Welch
and Wilcoxon—26 Senators.
The journal of last Wednesday was read and ap¬
proved. ' -
message from the house.
Mr. T. L. Maxwell, Clerk of the House of Rep¬
resentatives, requested the concurrence of the
Senate in a joint resolution fixing this day, at
half-past twelve^o'clock p. m., for the purpose of
proceeding to the election of one United States
Senator.
On motion of Mr. Munday, the rules were sus¬
pended, and the Senate proceeded to the conside¬
ration of this joint resolution, which underwent its
several readings and it was concurred in.
On motion of the same Senator, the Secretary
was directed to inform the House thereof.
memorial.
Mr. Egan presented to the Senate a letter from
Mr. M. F. Patton, a citizen of the city of New Or¬
leans, addressed to him in relation to the right of
Messrs. Bell, Kavanaugh, Lapeyre aud Purcell to
their seats in the Senate, the reading of which me¬
morial was dispensed with, and it was ordered to
be referred to the Committee on Elections.
Mr. Mohan presented to the Senate a petition
of Mrs. Mary of St. Theresa, Superioress of the
House of Good Shepherd, in the city of New Or¬
leans, praying for relief, the reading of which was
dispensed with, and on motion by the same Sena¬
tor, it was ordered to be referred to the Commit¬
tee on Charitable Institutions.
motion.
On motion of Mr. Egan, leave of absence was
granted for a few days to Mr. J. M. Taylor, Sena¬
tor from East Baton Rouge.
bills introduced without notice and referred.
The hereinafter named Senators, without pre¬
vious notice, and with a suspension of the rules
first granted, respectively asked and obtained
leave to introduce the following entitled bills,
which underwent their first and second readings
by their respective titles, and were severally re¬
ferred as indicated below, to-wit:
Mr. Duvignaud—
An act to authorize the Auditor of Public Ac¬
counts to employ an additional clerk in his office,
which was referred to the Committee on Finance.
Mr. Munday—
An act to provide for elections of District At¬
torneys, Parish Recorders, Sheriffs, Clerks of
Courts, Assessors, Coroners and other officers,
which was referred to the Committee on the
Judiciary.
joint session.
On motion of Mr. Duvignaud, it being the time
fixed by the Legislature to elect one United States
Senator, the Senate repaired to the Hall of the
House of Representatives.
On a call of the roll, the following members were
present, viz: Hon. Albert Voorhies, Lieutenant
Governor and President of the Senate, in the
Chair, Messrs. Abney, Anderson, Armstrong, Bar¬
row, Burthe, Coco, Campbell, Cooley, Duvignaud,
Egan, Ellis, Foute, Gordon, Hough, Kelso, Ken¬
ner, Lott, Mohan, Munday, Newton of Jackson,
Newton of Morehouse, Welch and Wilcoxon—24
Senators.
Hon. Duncan S. Cage, Speaker of the House, in
the Chair.
Messrs. Anderson of Catahoula, Anderson of
Madison, Austin, Alverson, Addison, Bailey, Barry,
Bensel, Blackman, Brown, Boyce, Buie, Bruton,
Couvillon, Davenport, Drake, Deblanc, Deporter,
DeLabarre, Decker, Drew, Ditto, Duralde, Duffel,
Dugas, Easton, Eager, Elam, Eldridge, Eustis,
Ewing, Fagot, Freret, Fishburn, Fulda, Gates,
Gaisser, Gottschalk, Hanlon, Halsey, Harrison,
Head, Hatch, Hays, Henderson, Higgins, Holt,
Hudspeth, Jonas, Kent, Kelly, Kidd, Kile, La-
branche, Lagroue, Laurent, Leeds, Lemarie, Le-
Blanc, Lewis, Lipscomb, Martin, Meredith, Mc-
Kelvey, McEnery, McConnell, McDonald, Mc-
Closkey, Moreland, Montgomery, Murray,Nelligan,
Nutt, Ormond, Alfred Phillips of Orleans, Powell,
Pujo, Prudhomme, Regenburg, Richardson, Rich¬
ards, Roman, Rogers, Robinson, Scanlan, Seger,
Simonds, Snider, Smith, Stille, Scott, Solomon,
Tete, Theriot, Thieneman, Tucker, Yoorhies,
Walker, Whittington, Wiltz, Waggaman, William¬
son, Waddell and Weeks—105 Representatives.
recapitulation.
24 Senators.
105 Representatives.
Total, 129 members of the General Assembly.
Necessary to a choice, 65 votes.
The candidates in nomination being Governor
James Madison Wells, Hon. Henry Boyce, Hon.
Isaiah Garrett and Hon. Charles Gayarre.
Mr. Williamson, of the House, withdrew the
name of Gov. James Madison Wells.
The General Assembly proceeded to vote for one
Senator, to represent the State of Louisiana in the
U. S. Senate for the short term, and the following
was the result, to wit:
Messrs. Anderson, Armstrong, Coco, Foute, Kel¬
so, Kenner and Mohan of the Senate, and the Hon.
Duncan S. Cage, Speaker, and Messrs. Barry, Ben¬
sel, Buie, Couvillon, Drake,Eager, Elam, Eldridge,
Eustis, Freret, Gaisser, Hanlon, Hatch, Hayes, Hen¬
derson, Higgins, Hudspeth, Jonas, Kidd, Kile,
Leeds, Lewis, McConnell, McCloskey, Murray,
Nelligan, Nutt, Ormond, Alfred Phillips of Or¬
leans, Prudhomme, Roman, Scanlan, Sijnonds,
Snider, Smith, Yoorhies, Williamson and Waddell,
40
JOURNAL or
of the House, being 46 members of the General
Assembly, voted for the Hon. Henry Boyce.
Messrs. Abney, Barrow, Campbell, Cooley,
Hough, Lott, Munday, Newton of Jackson, Newton
of Morehouse, Welch and Wilcoxon, of the Senate,
and Messrs. Anderson of Catahoula, Austin, Alver-
son, Bailey, Blackman, Boyce, Bruton, Deporter,
Decker, Drew, Ditto, Duralde, Ewing, Fishburn,
Gates, Gottschalte! Halsey, Harrison, Head, Lips¬
comb, Meredith, McKelvey, McEnery, McDonald,
Moreland, Montgomery, Powell, Regenberg, Rob¬
inson, Stille, Tucker, Walker, Whittington and
Weeks, of the House, being 45 members of the
General Assembly, voted for the Hon. Isaiah
Garrett.
Messrs. Burthe, Duvignaud, Ellis and Gordon,
of the Senate, and Messrs. Addison, Brown, Daven¬
port, Deblanc, DeLabarre, Duffel, Dugas, Eastin,
Fagot, Fulda, Holt, Kent, Kelly, Labranche, La-
groue, Laurent, Lemarie, LeBlanc. Martin, Pujo,
Richards, Rogers, Seger, Scott, Solomon, Tete,
Theriot, Thieneman, Wiltz and Waggaman of the
House, being 34 members of the General Assem¬
bly, voted for the Hon. Charles Gayarre.
And Mr. Egan of the Senate, and Messrs. An¬
derson of Madison, and Richardson of the House,
being 3 members of the General Assembly, voted
for the Hon. William S. Parham.
None of the candidates having received the
requisite majority,, the General Assembly pro¬
ceeded to a second ballot.
Mr. Kent, of the House, withdrew the name of
the Hon. Charles Gayarre, and Mr. Anderson of
Madison, of the House, withdrew the name of the
Hon. William S. Parham.
The following was the result of the second bal¬
lot, to-wit:
Messrs. Anderson, Armstrong, Burthe, Coco,
Duvignaud, Ellis, Foute, Gordon, Kelso, Lapeyre,
Mohan, of the Senate; and the Hon. Duncan S.
Cage, Speaker of the House, and Messrs. Barry,
Bensel, Buie, Couvillon, Drake, Deblanc,
Deporter, DeLabarre, Ditto, Duffel, Eager,
Elam, Eldridge, Eustis, Fagot, Freret, Fulda, Gais-
ser, Gottschalk, Hanlon, Hatch, Halsy Henderson,
Higgins, Hudspeth, Kelly, Kidd, Kile, Labranche,
Lagroue, Laurent, Leeds, Lemarie, Lewis, Lips¬
comb, McConnell, McCloskey, Murray, Nutt, Or-
mond, Phillips Alfred of Orleans, Prudhomme,
Richardson, Richards, Roman, Scanlan, Seger,
Simonds, Snider, Smith, Solomon, Thieneman,
Tucker, Yoorhies, Walker, Wiltz, Williamson and
Waddell, of the House, being 70 members of the
General Assembly, voted for the Hon. Henry
Boyce.
Messrs. Abney, Barrow, Campbell, Cooley,
Egan, Hough, Kenner, Lott, Munday, Newton of
Jackson, Newton of Morehouse, Welch and Wil¬
coxon, of the Senate; and Messrs. Anderson of
Catahoula, Anderson of Madison, Austin, Alverson,
Addison, Bailey, Blackman, Brown, Boyce,
Bruton, Davenport, Decker, Duralde, Dugas,
Eastin, Ewing, Fenner, Fishburn, Gates,
Halsey, Harrison, Head, Holt, Jonas, Kent,
LeBlanc, Martin, Meredith, McKelvey, McEnery,
McDonald, Moreland, Montgomery, Nelligan,Pow¬
ell, Pnjo, Regenberg, Rogers, Robinson, Stille,
Scott, Tete, Theriot, Whittington and Weeks of the
House, being 58 members of the General Asseni-
bly, voted for the Hon. Isaiah Garrett.
The Hon. Henry Boyce having received the re¬
quisite majority, was, by the President of the
Senate, declared duly elected Senator from the
State of Louisiana to the Congress of the United
States for the short term.
On motion by Mr. Egan, the Senate withdrew to
the hall of their deliberations.
On reassembling in the Senate Chamber, that
body was called to order [by its President, Lieu¬
tenant Governor Albert Yoorhies in the Chair.
Present, Messrs. Abney, Anderson, Armstrong,
Barrow, Coco, Campbell, Cooley, Duvignaud,
Egan, Ellis, Foute, Gordon, Kelso, Kenner, La¬
peyre, Lott, Mohan, Munday, Newton of Jackson,
Newton of Morehouse, Welch and Wilcoxon—22
Senators.
okdeb of the dat—second readings.
An act fixing the compensation and providing
for the payment of the officers, clerks and em¬
ployees of the General Assembly.
On motion of Mr. Mohan, the further considera¬
tion of this bill was postponed; it was ordered to
be recommitted to the select joint committee of
both Houses.
On motion of Mr. Gordon, ordered that when
the Senate adjourns, it shall adjourn to meet on
Monday next, at 12 o'clock m.
On motion of the same Senator, the Senate
adjourned accordingly.
HENRY B. KELLY,
Secretary of the Senate.
Monday, Dec. 11,1865.
The Senate met pursuant to adjournment.
Present, the Hon. Albert Voorhies, Lieutenant
Governor and President of the Senate, in the Chair.
Messrs. Abney, Anderson, Armstrong, Bell,
Brownlee, Barrow, Burthe, Coco, Campbell, Cooley,
Duvignaud, Egan, Foute, Finney, Gordon, Hough,
Kavanaugh, Kelso, Kenner, Lapeyre, Lott, Mohan,
Munday, Newton of Jackson, Newton of More¬
house, Welch and Wilcoxon—27 Senators.
The journal of last Friday was read and ap¬
proved.
Mr. Yictor Burthe in the Chair.
executive communication.
The President submitted to the Senate the fol¬
lowing communication from his Excellency the
Governor, to-wit:
THE SHtfATE.
State op Louisiana, Executive Department, )
New Orleans, Dec. 9th, 1865. (
To the Honorable the Senate and Honse of Representatives of
the State of Louisiana :
Gentlemen—A copy'of joint resolution of the
Hon. Senate and House of Representatives, with¬
out date, asking for all the information in my pos,
session relative to secret political organizations,
referred to in my message to the Legislature of
November 29th, 1865, " if not incompatible with
the welfare of the State," has been received by
me.
This honorable solicitude upon tbe part of the
representatives of the people is highly gratifying
to me and will, I am satisfied, be greatly com¬
mended by the people to whom we are alike re¬
sponsible ; and I regret the more deeply in conse¬
quence, that I cannot comply with the request
made to me for information, as, by so doing, I fear
the ends of public justice would be defeated. If
a suitable law be enacted to meet the evil, I hope
no occasion will require its enforcement.
J. MADISON WELLS,
Governor of Louisiana.
On motion of Mr. Lott, the further considera¬
tion of the above communication was postponed,
and it was ordered to be referred to the Committee
on the Judiciary.
motion.
On motion of Mr. Munday, leave of absence was
granted to Mr. Ellis, Senator from St., Helena, St.
Tammany, Livingston and Washington.
biles and joint resolutions introduced with¬
out notice.
The hereinafter named Senators, without previ¬
ous notice, and with a suspension of the rules first
granted, respectfully asked and obtained leave to
introduce the following entitled bills and resolu¬
tions, which were disposed of as indicated below,
to-wit:
Mr. Armstrong—
Resolved, By the Senate, (the House concur¬
ring) that the Legislature of the State of Loui¬
siana shall adjourn, sine die, on Saturday the 16th
instant, at 12 o'clock m.
Which underwent its first reading and was
ordered to a second reading on to-morrow.
Mr. Hough-
Preamble and joint resolution to remove the
Judges of the Supreme and District Courts.
On motion of the same Senator, the rules were
suspended, and this bill underwent its first and
second readings.
The same Senator moved the reference of this
bill to the Committee on the Judiciary, which
motion did not prevail.
On motion by Mr. Kenner, the further conside¬
ration of the above preamble and joint resolution
were postponed; they were ordered to be printed,
and made the special order of the day for to-mor¬
row, immediately after the reading of the journal.
A6
Mr. Kenner—
An act for the organization of corporations to
engage in a factorage and commission business.
On motion by the same Senator, the rules were
suspended, this bill underwent its first and second
readings, and it was ordered to be referred to the
Committee on the Judiciary.
Mr. Munday—
An act to prohibit the carrying of fire arms, on
premises or plantations of any citizen, without the
consent of the owner.
On motion by the same Senator, the rules were
suspended; this bill underwent its several read¬
ings ; it passed, and the Secretary was directed to
request the concurrence of the House therein.
Mr. Bell-
Joint resolution providing for evening sessions,
and fixing the hour of the morning sessions.
On motion by the same Senator, the rules were
suspended; the joint resolution underwent its first
reading, and it was ordered to a second reading on
to-morrow.
Mr. Mohan—
Joint resolution relative to obscene publications.
On motion by the same Senator, the rules were
suspended; this joint resolution underwent its first
and second readings by its title, and it was or¬
dered to be referred to the Committee on the Ju¬
diciary.
Mr. Anderson—
An act to authorise the Recorders of the differ¬
ent parishes of the State of Louisiana to appoint
deputies and to define their duties.
On motion of the same Senator, the rules were
suspended; this bill underwent its several
readings; it passed, and the Secretary was di¬
rected to request the concurrence of the House
therein.
Mr. Lapeyre—
An act to provide for the liquidation of certain
banks.
On motion by the same Senator, the rules were
suspended; this bill underwent its first and second
readings by its title, and it was ordered to be re¬
ferred to the Committee on Banks and Banking.
Mr. Gordon—
An act fixing the day of meeting of the General
Assembly.
On motion of the same Senator, the rules were
suspended, this bill underwent its first and second
readings, when, on motion by Mr. Lott,the further
consideration of the bill was postponed, and it was.
ordered to be referred to the Committee on the Ju¬
diciary.
Mr. Abney—
An act to reorganize the Supreme Court and to
fix the terms thereof.
On motion of the same Senator, the rules were
suspended, this bill underwent its first and seoond
JOTJRNAI* O*
readings by its title, and it was ordered to be re¬
ferred to the Committee on the Judiciary.
BILL INTRODUCED ACCORDING TO PREVIOUS NOTICE.
Mr. Duvignaud, in pursuance to previous notice,
asked and obtained leave to introduce a bill en¬
titled "an act relative to juries in the parish of
Orleans," which underwent its first and second
readings by its title, and it was ordered to be re¬
ferred to the Committee on the Judiciary.
REPORT FROM A STANDING COMMITTEE.
Mr. Finney, from the Committee on the Ju¬
diciary, submitted the following report, to-wit:
The Judiciary Committee, to whom have been
referred Senate bills entitled an act to provide
for and regulate the sale of property at forced
sales, under an order of seizure and sale and writs
of fieri facias, and an act to regulate forced and
and judicial sales of property in certain cases, re¬
spectfully report that they have prepared a bill on
the same subject matter, which they respectfully
recommend as a substitute for the said bills, and
which substitute is entitled an act to amend Arti¬
cles 680 and 681 of the Code of Practice.
(Signed) JOHN FINNEY,
Chairman.
On motion by Mr. Duvignaud, the rules were
suspended, the substitute reported by the commit¬
tee underwent its first and second readings, its fur¬
ther consideration was postponed. It was made
the special order of the day for to-morrow.
MESSAGE FROM THE HOUSE.
Mr. T. L. Maxwell, Clerk of the House of Repre¬
sentatives, requested the concurrence of the
Senate in House joint resolutions of the following
titles, viz:
Joint resolution to request our Representatives
in Congress to obtain the restitution of the bonds
and securities taken from the State Treasurer at
Shreveport.
Joint resolution relative to the election of the
Hon. Randell Hunt and the Hon. Henry Boyce
as Senators from the State of Louisiana to the
United States Seuate,
And joint resolution appointing a special com¬
mittee of both Houses for the purpose of collect¬
ing information and reasons for defeating the claim
of Halin and Cutler to seats in the United States
Senate.
And that the Speaker had appointed Messrs.
Stille, Eustis, McConnell, Simonds and Scanlanthe
committee o>n the part of the House.
HOUSE JOINT RESOLUTIONS CONCURRED IN.
On motion by Mr. Egan, the rules were sus¬
pended and the Senate took up House joint reso¬
lution to request our Representatives in Congress
to obtain the restitution of the bonds and securi¬
ties taken from the State Treasurer at Shreveport;
which underwent its first and second readings.
On motion of the same Senator, the above reso¬
lution was amended by inserting after the word
"Congress" the words "either of them," and
the joint resolution underwent its third reading,
and it was concurred in as amended.
On motion by Mr. Foute, the rules were sus¬
pended, and the Senate took up House jo nt reso¬
lution appointing a special joint committee of both
Houses for the purpose of collecting information
and reasons for defeating the claim of Hahn &
Cuther to seats in the United States Senate ; when
on motion by the same Senator the rules were
suspended; this joint resolution underwent its first,
and second readings, the blank therein was,
filled with the word "three" the joint resolution
underwent its third reading and it was concurred
in.
Whereupon the President appointed Messrs. Foute,
Abney and Armstrong, the committee on the part
of the Senate.
On motion by Mr. Foute, the Secretary was di¬
rected to inform the House thereof.
HOUSE JOINT RESOLUTION LAID OVER.
On motion by Mr. Mohan, the rules were sus¬
pended, and the Senate took up House joiot reso¬
lution relative to the election of the Hon. Randell
Hunt and the Hon. Henry Boyce as Senators from
the State of Louisiana to the United States Senate,
which underwent its first reading.
When on motion by Mr. Kenner, the same was or¬
dered to lie over under the rules.
On motion by Mr. Egan. the Senate adjourned
until to-morrow at 12 o'clock.
HENRY B. KELLY,
Secretary of the Senate.
Tuesday, Dec. 12,1865.
The Senate met pursuant to adjournment.
Present, the Hon. Albert Yoorhies. Lieutenant
Governor and President of the Senate, in the Chair,
Messrs. Abney, AndersoD, Armstrong, Bell, Bar¬
row, Burthe, Brownlee, Coco, Campbell, Cooley,
Duvignaud, Egan, Ellis, Foute, Finney, Gibson,
Gordon, Hough, Kavanaugli, Kelso, Kenner, La-
peyre, Lott, Mohan, Munday, Newton of Jackson,
Palfrey, Purcell, Taylor and Welch—30 Senators.
The proceedings were opened with prayers
offered by the Rev. Mr. Palmer, of the Presbyterian
Church.
The journal of yesterday was read and approved.
message from the house.
Mr. T. L. Maxwell, Clerk of the House of Rep-
resentatives, informed the Senate that the House
had concurred in Senate's joint resolution to ratify
and confirm certain contracts made by the Gov¬
ernor, at the instance of the Board of Levee Com»
missioners.
fOT'SBNAm
>43
;' And he requested the concurrence of the Senate l
in House joint resolutions and bills of the follow¬
ing titles, to-wit :
Joint resolution appointing a joint committee to
inquire into secret political organizations.
That the Speaker had appointed Messrs. McEn-
ery, Kidd, Bonnabel, Walker and Deporter, the ,
committee on the part of the House.
Joint resolution to provide for a joint committee
to examine into the affairs of the railroad compa¬
nies in which the State is a stockholder.
That the Speaker had appointed Messrs. Murray,
Gates, Leeds, Bailey, Voorhies, Elam, Tucker and
McCloskey the committee on the part of the
House.
An act amending an act entitled "an act sup¬
plementary to the acts incorporating the town of
Thibodaux," approved May 29th, 1846.
An act to regulate the collection of licences oh
trades, professions and occupations within this
State.
An act for the relief of H. Cassidy of the city of
New Orleans; and
An act for the relief of the Hon. Joachim Ber-
mudez.
special order of the day.
This being the day set apart for the Cbnsidera-
' tion of the following Senate preamble and joint
resolution to remove the Judges of the Supreme
and "District Courts:
Whereas, The Constitution of the State, (Art.
154,) in providing that as soon as a general elec¬
tion can be held in every parish in the State, that
an election shall be held for Governor and other
State officers—thus disregarding the term of ser¬
vice for which the incumbents, elected February
22d, 1864, were chosen—clearly recognizes the fact
that the election held on the 22d February. 1864,
was only provisional in its character and in the
term of service of those holding office under that
election ; And whereas, the term of service of all
the judges holding under a ■ Governor thus'provis-
ionally elected, should be limited by the term of
service of that officer; And Whereas, Governor J.
Madison Wells, in his late message to the General
• Assembly, has specially invited our attention to
this subject, stating that "it is not to be denied
that much dissatisfaction exists with the judiciary,
as at present constituted; " but that " the remedy
is with the Legislature, and of easy application,"
and declaring that " the field of selection for judi¬
cial station was limited," and that the ex¬
ceptional condition of public affairs had reduced
it (the field of selection) to the narrowest
bounds; And whereas, at the present time, the
condition: of public affairs has changed, and the
Governor now has the widest field for his future
selections—including the present incumbents, upon
whose capacity and character this address is not
intended to reflect; And whereas, the Constitu¬
tion (Art. 77) provides that the Governor Shall
remove any of the Judges of the State Courts, on
the address of a majority of the members elected
to each House of the General Assembly; there¬
fore,
Be it resolved by the General Assembly of the
State of Louisiana, a majority of the members
elected to each House concurring, that the causes
set forth in the above address are deemed "rea¬
sonable cause " for the removal of all the Judges
of the Supreme Court and of the District Courts
of the State. And the Governor " shall remove "
each and every one of said Judges, in conformity
to the requirements of the Constitution and this
address.
The same was taken up, and, on motion by Mr.
Kenner, it underwent its second reading, and on
its adoption at the third reading, the yeas and nays
were taken and resulted as follows, to-wit:
Yeas—Messrs. Anderson, Armstrong, Barrow,
Coco, Huvignaud, Finney, Gibson, Gordon, Hough,
Kenner, Lapeyro, Lott, Newton of Jackson, Tay¬
lor and Welch—15 Senators.
Nays—Messrs. Abney, Bell, Burthe, Brownlee,
Campbell, Cooley, Egan, Foute, Mohan, Munday,
; Palfrey, Purcell and Wilcoxon—13 Senators,
j So, a majority of the members of the Senate not
i voting in the affirmative, the preamble and joint
^ resolution were rejected.
Mr. Palfrey gave notice that on to-morrow he
will move a reconsideration of the vote just given.
petitions.
The President submitted to the Senate the pe¬
tition of Jean Bethancourt, praying for relief, the
reading of which was dispensed with, and, on mo¬
tion of Mr. Kenner, it was ordered to be referred
to the Committee on Finance.
Mr. Palfrey presented to the Senate a copy* of
the proceedings of a meeting of the citizens of the
parish of St. Mary, held on the 9th. day of De-
ceinber, 1865, in relation to a system of labor.
On motion of the same Senator, the further con¬
sideration of the same was postponed, it was or¬
dered to be printed, and to be referred to the Joint
Committee on Labor of both Houses.
Mr. Munday presented to the Senate a commu¬
nication from Mr. Charles F. Fisher, asking per¬
mission to place in the Senate chamber the paint¬
ing of the battle of New Orleans.
On motion by the same Senator the above per¬
mission was granted.
resolution.
Mr. Munday presented the following resolution,
which was considered by unanimous consent and
agreed to :
Resolved, That the Enrolling Committee of the
Senate be and they are hereby authorized and em¬
powered to appoint a translating clerk, for the
purpose of translating the English journal of the
44
JOURNAL OF
Senate into French, which was referred to the
Committee on Enrolled Bills.
BILLS INTRODUCED WITHOUT NOTICE,
Mr. Mohan, without previous notice and' with a
suspension of the rules first granted, asked and
obtained leave to introduce a joint resolution for
the appointment of a joint committee of both
Houses to examine the affairs of the New Orleans,
Jackson and Great Northern Railroad Company,
which underwent its first reading and was ordered
to a second reading on to-morrow.
REPORTS FROM STANDING COMMITTEES.
Mr. Finney, from the Committee on the Judi¬
ciary, to whom was referred Senate's bill entitled,
" an act to amend an act entitled an act relative to
judicial and other sales made at public auction,"
submitted a favorable report with amendment.
On motion by the same Senator, the rules were
suspended; this bill underwent its second and third
readings, and it was concurred in, and the Secre¬
tary was directed to request the concurrence of
the House therein.
Mr. Barrow, from the Committee on the Militia,
reported a bill entitled, " an act to organize the
militia of the State," which was passed to a sec¬
ond reading.
On motion by Mr. Egan, the further considera¬
tion of this bill was postponed, and it was made
the special order of the day for day after to-mor¬
row.
Mr. Abney, from the Committee on Enrolled
Bills, reported as correctly enrolled Senate's bill
entitled, "joint resolution to ratify and confirm
certain contracts made by the Governor at the in¬
stance of the Board of Levee Commissioners," and
the Secretary was directed to request the signa
ture of the Speaker of House of' Representatives
thereto.
REPORTS FROM SELECT COMMITTEES.
Mr. Kenner, from the select joint committee of
both Houses, reported the following entitled
bills, viz.:
An act to provide for and regulate labor con¬
tracts for agricultural pursuits.
An act to prevent trespassing.
An act to punish in certain cases the employers
of laborers or apprentices.
An act to provide for the punishment of persons
for tampering with, persuading away, harboring,
feeding or secreting laborers or apprentices.
An act providing for the apprenticing of minors.
An act to amend and re-enact the 12th section
of an act entitled " an act relative to crimes and
offenses," approved March 14th, 1855, and
An act to punish in certain cases the employers
of laborers.
On motion of the same Senator, these bills
respectively passed to a second reading, their fur¬
ther consideration were postponed, and they were
ordered to be made the special order of the day
for to-morrow, to be taken up in the order in
which they are reported.
Mr. Mohan, from the select joint committee of
both Houses, appointed to fix the compensation
of the officers and employees of the General As¬
sembly reported a bill entitled "an act fixing the
compensation of, and providing for the payment
of the officers, clerks and employees of the Gen¬
eral Assembly.
On motion by the same Senator, the rules were
suspended, this bill underwent its several readings,
it passed, and the Secretary was directed to re¬
quest the concurrence of the House therein.
SPECIAL ORDER OF THE DAT.
This being the day set apart for the considera¬
tion of Senate bill entitled " an act to amend ar¬
ticles 680 and 681 of the Code of Practice," the
same was taken up, when Mr. Finney submitted
the following resolution, which was considered by
unanimous consent and agreed to:
Resolved, That the consideration of bills enti¬
tled " an act to provide for and regulate the sale
of property at forced sales under an order of
seizure and sale and writ of fieri facias," and an
act entitled "an act to regulate forced and judi¬
cial sales of property in certain cases," and the
substitute therefor entitled " an act to amend arti¬
cles 680 and 681 of the Code of Practice," recom¬
mended by the Committee on the Judiciary, be
postponed and made the special order of the day
for to-morrow, and that the Judiciary Committee
be instructed to confer in joint committee with the
Judiciary Committee of the House of Representa¬
tives on the subject matter of said bills and that
the whole subject matter be recommitted.
Hon. Victor Burthe in the Chair.
ORDERS OF THE DAY—SECOND READINGS.
Joint resolutions fixing the day of adjournment
of the General Assembly.
On motion by Mr. Kenner the further conside¬
ration of the same was postponed, and it was
ordered to lie* on the table subject to call.
Joint resolution providing for evening sessions.
On motion of Mr. Kenner, the further conside¬
ration of the same was indefinitely postponed.
Joint resolution relative to the election of the
Hon. Randell Hunt and the Hon. Henry Boyce, as
Senators from the State of Louisiana to the United
States Senate:
Be it resolved by the Senate and House of
Representatives of the State of Louisiana, in
General Assembly convened, That copies of the
proceedings of the Senate and House of Repre¬
sentatives of the State of Louisiana, in joint ses¬
sion convened, declaring the Hon. Randell Hunt
and the J3on. Henry Boyce duly elected United
States Senators for the State of Louisiana, the
former for the long term and the latter for the
THE SENATE.
45
short time, signed by the President of the Senate
and the Speaker of the House of Representatives,
be delivered to the Hon. Randell Hunt and the
Hon. Henry Boyce, and that his Excellency Gov¬
ernor J. M. Wells, be respectfully requested to
forward the same.
On motion by Mr. Kenner the above joint reso¬
lution was amended by striking out therefrom the
words, " the former for the long term and the latter
for the short term," and inserting in lieu thereof
the following words to-wit: "The Hon. Randell
Hunt for the term of six years, beginning on the
4th of March, 1865, and the Hon. Henry Boyce for
the term of six years, beginning on the 4th of
March, 1861."
On motion by the same Senator, the above join
resolution was further amended by striking out
therefrom all after the word " respectfully," and to
insert in lieu thereof the following words, " au¬
thorized and requested to furnish the Senators
elect with their credentials."
On motion by the same Senator, the rules were
suspended, this joint resolution underwent its
Becond and third readings, it was concurred in as
amended, and the Secretary was directed to in¬
form the House thereof.
Joint resolution to provide a joint committee to
examine into the affairs of the railroad companies,
in which the State is a stockholder.
On motion by Mr. Mohan, this joint resolution
underwent its second reading, the blank therein
was filled with the word " five," it underwent its!
third reading, and it was concurred in.
Whereupon the Chair appointed Messrs. Mohan,
munday, Lott, Wilcoxon and Armstrong, the com¬
mittee on the part of the Senate.
On motion'by Mr. Mohan, the Senate adjourned
until to-morrow, at 12 o'clock m.
HENRY B. KELLY,
Secretary of the Senate.
Wednesday, December 13th, 1865.
The Senate met pursuant to adjournment.
Present, the Hon. Albert Yoorhies, Lieutenant
Governor and President of tie Senate, in the Chair.
Messrs. Abney, Anderson, Armstrong, Barrow,
Bell, Burthe, Brownlee, Coco, Campbell, Cooley,
Duvignaud, Egan, Ellis, Foute, Finney, Gibson,,
Gordon, Hough, Kavanaugh, Kelso, Kenner, La-
peyre, Lott, Mohan, Munday, Newton of Jackson,
Newton of Morehouse, Palfrey, Purcell, Taylor,
Welch and Wilcoxon—32 Senators.
The proceedings were opened with prayers
offered1 by the Rev. Mr. Moynihan, of the Roman
Catholic Church.
The journal of yerterday was read and ap¬
proved.
qualification of a senator.
On motion of Mr. Gibson, the oath of office was
administered by the President to Mr. John Nelson,
Senator elect from the District composed of the
parishes of St, Charles and Lafourche.
notice of reconsideration.
Mr. Lott gave notice that he will, within the
time prescribed by the rules, move a reconsidera¬
tion of the vote given on yesterday on the final
passage of the- bill entitled, "An act fixing the
compensation and providing for the paymenfof
the officers, clerks and employees of the General
Assembly."
memorial.
Mr. Taylor presented a memorial of John
Leonard, Keeper of the State Grounds at Baton
Rouge, praying for relief, the reading of which
was dispensed with, and, on motion by the same
Senator, the same was ordered to be referred to
the Committee on Claims.
reconsideration.
Mr. Palfrey, in pursuance to previous notice,
moved to reconsider the vote given on yesterday
on the rejection of Senate preamble and joint
resolution to remove the Judges of the Supreme
and District Courts, the reconsideration being
granted.
Mr. Gordon moved that the above preamble and
joint resolution be fixed for the special order of the
day for to-morrow, at 2 o'clock p. m.
Mr. Mohan moved to amend Mr. Gordon's mo¬
tion by striking out the words " to-morrow, at 2
o'clock p. m.," and inserting in lieu thereof the
words "on Saturday next, at 12 o'clock m."
On motion ,by Mr. Duvignaud, Mr. Mohan's mo¬
tion was ordered to lie on the table.
The question recurred on Mr. Gordon's motion,
which, was adopted.
reports from standing committees.
Mr. Palfrey, from the Committee on Public
Works, Lands and Levees, reported a bill entitled
" an act to authorize the Governor to issue the
bonds of the State for the amount of one million of
dollars, to defray the expenses of building levees
in accordance with the contracts made by Him and
the Levee Commissioners appointed for that pur¬
pose."
On motion by the same Senator, the rules were
suspended, this bill underwent its first and second
readings by its title, its further consideration was
postponed, and it was made the special order of
the day for to-morrow.
Mr. Taylor, from the Committee on Penitentiary
and Prisons, submitted a favorable report on Sen¬
ate bill entitled "an act relative to the State
Penitentiary."
On motion by the same Senator, the rules were
suspended, this, bill underwent the second and
third readings, it passed, and the Secretary was
directed to request the concurrence of the House
therein.
;M>U'&ttAL'6F
Mr. Finney, from the Committee on the Judiciary,
to whom was referred Senate bills entitled an
act to provide for and regulate the sale of prop¬
erty at forced sales under an order of seizure; an
act to amend Articles 680 and 681 of the Code of
Practice, and an act to regulate forced and ju¬
dicial sales of property in certain cases, reported
#0 the Senate that in pursuance to a resolution
adopted by the Senate on yesterday, the Commit¬
tee on the Judiciary of the Senate and of the House
of Representatives have had a joint session and
have agreed to report the following as a substitute
for the above entitled bills, to-wit:
An act to amend Articles 680 and 681 of the
Code of Practice, which was passed to a second
reading.
And the same Senator from the same committee
to whom was referred Senate bill entitled
"An act fixing the day of meeting of the Gen¬
eral Assembly," submitted a favorable report.
On motion by Mr. Gordon, the rules were sus¬
pended and the Senate proceeded to the consid¬
eration of said bill.
Be it enacted by the Senate and House of Rep¬
resentatives of the State of Louisiana, in General
Assembly convened, That the General Assembly
shall meet annually on the third Monday of Jan¬
uary.
On motion by Mr. Egan, the 1st section was
amended by striking out therefrom the word
"third" and inserting in lieu thereof the word
"fourth."
On motion by Mr. Abney, the rules were sus¬
pended ; this bill underwent its second and third
readings, it passed, and the Secretary was directed
to request the concurrence of the House therein.
'Hon. Victor Burthe in the Chair.
Mr. Abney, from the Committee on Enrolled
Bills, to whom was referred Senate's resolution in
relation to the appointment of a translating clerk
for'the journal of the Senate, submitted a favor-
Able report.
1 And the same Senator stated to the Senate that
in pursuance to said resolution the Committee on
Enrolled Bills of the Senate met, and have ap¬
pointed Mr. Frangois Pascalis Labarre translator
of the journal of the Senate into French.
Whereupon Mr. Labarre was sworn by the Presi¬
dent and entered upon the discharge of his duties.
MESSAGE FROM THE HOUSE.
Mr. E. W. Halsey, Assistant Clerk of the House,
informed the Senate that the Speaker of the House
had signed Senate joint resolution to ratify and
confirm certain contracts made by the Governor
at the instance of the Board of Levee Commission¬
ers, which thereupon received the signature of the
President of the Senate, and was, by Mr. Abney,
on behalf of the Committee on Enrolled Bills, Sub-'
mitted to his Excellency, the Governor, for his ap¬
proval and Signature.
By the same message the signature of the Presi¬
dent of the Senate was requested to House j bint
resolution to request our representatives in Con¬
gress to obtain the restitution of the bonds and se¬
curities taken from the State Treasurer at Shreve-
port.
That the House had concurred in Senate's
amendment to House joint resolution 'relative to
the election of the Hon. Rattdell Hunt And the
Hon. Henry Boyce, as Senators from the Staite of
Louisiana to the United States Senate.
That the House had concurred in Senate's bill
entitled, " an act to authorise the Recorders of the
different parishes of the State of Louisiana to ap¬
point deputies and to define their duties."
And he requested the concurrence of the Senate
in House bill entitled an act to provide for the
election of parish and district officers throughout
the State, and in House joint resolution requesting
the Governor to forward the memorial relative to
certain bonds and securities belonging to the State,
and in the memorial accompanying said joint reso¬
lutions.
REPORT OF A SELECT JOINT COMMITTEE.
Mr. Kenner, from the select joint committee of
both houses of the General Assembly, reported a
bill to be entitled an act to confer civil rights upon
freedmen in the State of Louisiana, which was
passed to a second reading, and, on motion by the
same Senator, ordered that this bill be made the
special order of the day after the series of bills
on the same subject matter.
NOTICES OF BILLS.
The hereinafter named Senators respectively gave
notice of their intention to ask leave to introduce
at some future day the following entitled bills,
to-wit:
Mr. Mohan—
An act defining public schools throughout the
State.
Mr. Purcell—
An act to amend an act entitled an act for the
organization of corporations for literary,scientific,
religious'and charitable purposes, approved March
14th, 1855.
SPECIAL ORDER OF THE DAY.
This being the day set apart for the considera¬
tion of Senate bill entitled "an act to punish in
certain cases the employers of laborers or Appren¬
tices," the same was taken up.
On motion by Mr. Munday the rules were ' sus¬
pended, this bill underwent its second and dhird
readings and it passed.
Mr. Hough move! to reconsider the vote just
given on the adoption of the 1st section of thfe bill
at its second reading.
THE .ANTAX&
The.reconsideration being granted, the 1st sec¬
tion was considered.
Section 1. Be it enacted by the Senate and House
of Representatives of the State 'of Louisiana in
General Assembly convened, That hereafter any
person who shall employ any laborer or appren¬
tice who is already under contrast for service for
any period of time, to any other person, and be¬
fore such time of service shall have expired, so as
to deprive such first employer of the services of
such laborer or apprentice, shall be deemed and
held guilty of a misdemeanor, and shall, upon con¬
viction thereof, before any competent jurisdiction,
be punished by a fine of not less than ten or more
than five hundred dollars for each and every of¬
fense, or imprisonment in the parish jail for a
period not exceeding thirty days, at the
discretion of the Court, and shall be liable
for damages to the party injured.
Mr. Hough moved to amend the 1st section by
inserting in the 4th line after the word " shall "
the word "knowingly," which motion did not
prevail.
On motion by Mr. Kenner, the bill was readopted
at its several readings and it passed.
This being also the day set apart for the con¬
sideration of Senate bill entitled an act providing
for the apprenticing of minors, the same was
taken up.
On motion by Mr. Munday, the rules were sus¬
pended, it underwent its several readings, and on
the adoption of its title, on motion of Mr. Gordon
the following was substituted for the same, to-wit:
an act relative to apprentices and indentured
servants, and the bill was adopted with the title as
amended.
This being also the day set apart for the con¬
sideration of Senate bill entitled an act to provide
for the punishment of persons for tampering with,
persuading or enticing away, harboring, feeding
or secreting laborers or apprentices,
On motion of Mr. Kenner, the rules were sus¬
pended, this bill underwent its second and third
readings, and it passed.
This being also the day set apart for the con¬
sideration of Senate bill entitled an act to punish,
in certain cases, the employment of laborers or
servants, the same was taken up.
On motion of Mr. Kenner, the further consider¬
ation of this bill was indefinitely postponed.
This being also the day set apart for the consid¬
eration of Senate bill entitled " an act to provide
for and regulate, labor contracts, for agricultural
pursuits," the same was taken up.
The 1st, 2d, 3d, 4th, 5th and 6th sections were
read and adopted seriatim.
The 7th section, which reads as follows, was
considered:
Sac, 7. Be it further enacted, etc., That all em¬
ployers failing to comply with their contra.ct;shall.
upon conviction, be fined an] amount double that
due the laborer, to be paid to the laborer;
and any inhumanity, cruelty or neglect
of duty on the part of the employer,
shall be summarily punished by fines within
the discretion of the Court, to be paid to the in¬
jured party; provided that this shall not be so
construed as a remission of any penalty now in¬
flicted by law for like offenses.
On motion of Mr. Kenner the 7th section was
amended by inserting in the fourth line after the
word "laborer" the following words, to wit:
"recoverable before any court of competent ju¬
risdiction."
And the 7th section was adopted as amended.
The 8th section was read and adopted.
The 9th section, which reads as follows, was
considered:
Sec. 9. Beit further enacted, etc., That, when
in health, the laborer shall'work ten hours during
the day in summer, and nine hours during the day
in winter, unless otherwise stipulated in the labor
contract; he shall obey all proper orders of his
employer or his agent; take proper care of his
work mules, horses, oxen, stock; also, of all agri¬
cultural implements ; and employers shall have
the right to make a reasonable deduction from the
laborers wages for injuries done to animals or
agricultural implements committed to his care, or
for bad or negligent work. Bad work shall not
be allowed. Failing to obey reasonable orders,
neglect of duty, and leaving home without per¬
mission, will be deemed disobedience ; impudence,
swearing, or indecent language to or in the pre¬
sence of the employers, his family or agent, or
quarrelling and fighting with one another
shall be deemed disobedience. For any disobedi¬
ence a fine of one dollar shall be imposed on and
paid by the offender. For all lost time from work
hours, unless in case of sickness, the laborer shall
be fined twenty-five cents per hour. For all ab¬
sence from home without leave will be fined at
the rate of two dollars per day. Laborers will not
be required to labor on the Sabbath, unless by
special contract. For all thefts of the laborer
from the employer of agricultural products, hogs,
sheep, poultry or any other property of the em¬
ployer, or wilful destruction of property or injury,
the laborer shall pay the employer double the
amount of the value of the property stolen, de¬
stroyed or injured, one-half.to be paid to the em¬
ployer and the other half to be placed in the
general fund provided for in this section. No live
stock shall be allowed to laborers without the
permission of the employer. Laborers shall not
receive visitors during work hours. All difficuties
arising between the employers and laborers, under
this section, shall be settled by the former—if not
satisfactory to the laborers, an appeal may be had
to the nearest Justice of the Peace and two free-
48
JOURNAL or
holders, citizens, one of said citizens to he selected
by the employer and the other by the laborer; and
all fines imposed and collected under this section
shall be deducted from wages due, and shall be
placed in a common fund, to be divided among the
other laborers employed on the plantation, except
as provided for above.
On motion of Mr. Kenner, the ninth section was
amended by inserting in the forty-ninth line after
the word "settled," the following words, to wit :
"and all fines imposed."
On motion of the same Senator, the ninth section
was further amended by inserting in the sixtieth
line after word "plantation" the following words,
to wit: "at the time when their full wages fall
due."
On motion of the same Senator, the ninth section
was further amended by inserting in the twen¬
tieth line after the word "have" the words "the
laborer."
On motion by Mr. Egan, the ninth section was
further amended by inserting in the thirty-second
line after the word "Sabbath" the following
words, to wit: "except to take necessary care of
stock and other property on the plantation, and to
do the necessary cooking or household duties."
On motion by Mr. Kenner the nintlg, section was
adopted as amended.
The tenth section, which reads as follows, was
considered:
Sec. 10. Be it further enacted, etc., That for
'gross misconduct on the part of the laborer, such
as insubordination, habitual laziness, frequent acts
of violation of his contract, or the laws of the
State, he may be dismissed by his employer ; never¬
theless, the laborer shall have the right to resist his
dismissal and to a redress of his wrongs by an
appeal to a Justice of the Peace and two freehold¬
ers, citizens of the parish, one of the freeholders to
be selected by himself and the other by his em¬
ployer.
On motion by Mr. Egan, the 10th section was
amended by striking out all after the word "to"
in the seventh line, down to the word " an" in the
9th line, and to add at the close of the section the
following words, to-wit: " And their decision shall
be final."
On motion of Mr. Kenner, the 10th section was
adopted as amended.
The 13th section was read and adopted as the
11th section of the bill.
The 11th section was read and adopted as the
12th section of the bill.
And the twelfth section was read and adopted
as the thirteenth section of the bill.
On motion by Mr. Kenner this bill underwent its
second and third readings and passed.
house joint resolution concurred in.
On motion by Mr. Lapeyre, the rules were sus¬
pended and the Senate proceeded to the consider¬
ation of House joint resolution requesting the Gov¬
ernor to forward the memorial relative to certain
bonds and securities belonging to sundry corpora¬
tions of the State, which underwent their several
readings, they were concurredin, and on a further
motion by the same Senator the Secretary was
directed to inform the House thereof.
resolution.
Mr. Palfrey submitted the following resolution
which was considered by unanimous consent and
agreed to:
Resolved, That the Sergeant-at-Arms of the
Senate be directed to procure Latourette's map of
Louisiana, for the use of the Committee on Public
Works, Lands and Levees of the Senate.
On motion by Mr. Duvignaud the Senate ad¬
journed until to-morrow at 12 o'clock m.
HENRY B. KELLY,
Secretary of the Senate.
Thursday, December 14, 1865.
The Senate met pursuant to adjournment.
Present, the Hon. Albert Voorhies, Lieutenant
Governor and President of the Senate, in the Chair;
Messrs. Abney, Anderson, Armstrong, Bell,Barrow,
Burthe, Brownlee, Coco, Campbell, Cooley, Duvig¬
naud, Egan, Ellis, Foute, Finney, Gibson, Gordon,
Hough, Kavanaugh, Kelso, Kenner, Lapeyre, Lott,
Mohan, Munday, Newton of Jackson, Newton of
Morehouse, Nelson, Palfrey, Purcell, Taylor,Welch
and Wilcoxon—33 Senators.
The proceedings were opened with prayers of¬
fered by the Rev. Mr. C. S. Hedges, of the Epis¬
copal Church.
The journal of yesterday was read and approved.
executive communication.
The President submitted to the Senate the fol¬
lowing communication from Mr. N. C. Snethen,
private Secretary of his Excellency the Governor;
State of Louisiana, Executive Department, )
New Orleans, Dec. 14, 1865. j
To the President of the Senate—I am in¬
structed, by his Excellency the Governor, to in¬
form the Senate that he had approved and signed—
Joint resolution to ratify and confirm certain,,
contracts made by the Governor at the instance of
the Board of Levee Commissioners.
N. C. SNETHEN,
Private Secretary.
notice of a bill.
Mr. Palfrey gave notice that he will, on to-mor¬
row, ask leave to introduce a bill providing for
the development of salt mines in Louisiana.
message to the house.
The Secretary of the Senate requested the con¬
currence of the House in Senate bills of the fol¬
lowing titles, to-wit:
An act fixing the day of meeting of the General
Assembly.
THE SENATE,
An act to provide for and regulate labor con¬
tracts for agricultural pursuits.
An act to punish, in certain cases, the employers
of laborers or apprentices.
Act to provide for the punishment of persons for
tampering with, persuading or enticing away, 'har¬
boring, feeding or secreting laborers or appren¬
tices.
An act relative to apprentices and indentured
servants, and
An act relative to the State Penitentiary.
He informed the House that the Senate had con¬
curred in House joint resolution requesting the
Governor to forward the memorial relative to cer¬
tain bonds and securities belonging to sundry cor¬
porations of the State.
And he informed the House that the President of
the Senate had signed House joint resolutions to
request our Representatives in Congress to ob¬
tain the restitution of the bonds and securities
taken from the State Treasurer at Shreveport.
memorial.
Mr. Foute presented to the Senate the memorial
of James Flint, late Secretary of the Board of
Currency, praying for relief, the reading of which
was dispensed with, and, on motion of the same
Senator, it was ordered to be referred to the Com¬
mittee on Claims.
resolution.
Mr. Mohan presented the following resolution,
which was agreed to:
Resolved by the Senate of Louisiana, That the
sum of two hundred dollars be, and it is hereby
ordered to be paid to J. F. Wood for services ren¬
dered by himasSergeant-at-Arms at and before the
opening of the present session.
report op standing committees.
Mr. Abney, from the Committee on Enrolled ;
Bills, reported, as correctly enrolled, Senate bill
entitled " an act to authorize the Recorders of the
different parishes of the State of Louisiana to ap¬
point deputies and to define their duties," and the
Secretary was directed to request the signature of
the Speaker of the House thereto.
Mr. palfrey, from the Committee on Public
Works, Lands and Levees, reported the following
entitled bill, to-wit:
An act to establish an Internal Improvement
District, to provide for the election of commis¬
sioner and other officers therefor, and to authorize
the levying and collection of taxes for internal im¬
provement therein, which was passed to a second
reading.
The same Senator, from the same committee, re¬
ported a bill entitled " an act making appropria¬
tions for the expenses of the State Land Office for
the fiscal year ending the 31st of December,
1865."
AT
On motion by the same Senator the rules were
suspended, this bill underwent its several readings,
it passed, and the Secretary was directed to re¬
quest the concurrence of the House therein.
And the same Senator, from the same Commit¬
tee, reported a bill entitled, " an act suspending
the sale of swamp and overflowed lands."
On motion of Mr. Egan the rules were suspend¬
ed, this bill underwent its several readings, it
passed, and the Secretary was directed to request
the concurrence of the House therein.
Mr. Lapeyre, from the Committee on Banks and
Banking, to whom was referred Senate bill enti¬
tled, " an act to provide for the liquidation of cer¬
tain banks," submitted a favorable report, with
amendment.
On motion by the same Senator the further con¬
sideration of this bill was postponed, and it was
made the special order of the day for to-morrow,
at one o'clock-p. m.
message from the house.
Mr. E. W. Halsey, Assistant Clerk of the House
of Representatives, requested the concurrence of
the Senate in House bills and joint resolutions of
the following titles, to wit:
An act establishing and defining the status of
the former slaves of Louisiana, now known as
freedmen.
An act appropriating a certain sum of money to
defray the expenses of fitting up the Mechanics'
Institute for the use of the Legislature.
An act to compel persons residing in the vicinity
of Port Hudson, east of the Mississippi river, to
keep their horses, mules, neat cattle and other
live stock within enclosures.
An act fixing the compensation and providing
for the payment of the officers, clerks and em¬
ployees of the General Assembly.
Joint resolution granting certain powers to the
Joint Committee on Railroads.
And joint resolution relative to the re-establish¬
ment of postoffices and postal routes throughout
the State.
He also informed the Senate of the concurrence
of the House in Senate's resolution for the appoint¬
ment of a joint committee of both Houses to select
a site for the erection of a State House, as recom¬
mended by the Governor.
And that the Speaker had appointed Messrs.
Richards, Eager, Ormond, Holt, McCloskey, Prud-
homme and Smith the committee on the part of
the House.
He also informed the Senate that the Speaker of
the House had signed Senate enrolled bill entitled,
"an act to authorize the Recorders of the differ¬
ent parishes of the State of Louisiana to appoint
deputies and to define their powers," which there¬
upon received the signature of the President of
the Senate, and was, by Mr. Abney, on behalf of
the Committee on Enrolled Bills, submitted to his
50
JOURNAL OF
Excellency the Governor, for his approval and sig¬
nature.
By the same message the signature of the Pres¬
ident of the Senate was requested to House en¬
rolled joint resolution relative to the election of
the Honorable Randell Hunt and the Honorable
Henry Boyce, as Senators elect from the State of
Louisiana to the United States Senate, which
thereupon received the signature of the President
of the Senate, and was by the Secretary returned
to the House.
house bill kkfekhed.
On motion by Mr. Duvignaud, the rule& were
suspended, and the Senate took up House joint
resolution entitled "joint resolution for the relief
of the Hon. Joachim Bermudez," which under¬
went its first and second readings, pending the
consideration of which, on motion by Mr. Kav-
anaugh, this same was ordered to be referred to
the Committee on Claims.
special obdee of the day.
This being the day set apart for the considera¬
tion of Senate bill, entitled an act to amend an act
entitled " an act relative to crimes and offenses,"
approved March 14th, 1855, the same ^as taken
up.
Section 1. Be it enacted, by the Senate and
House of Representatives of the State of Louisi¬
ana in General Assembly convened, That the one
hundred and twenty-first section of an act entitled
" an act relative to crimes and offenses," approved
March 15th, 1855, which reads as follows, to-wit:
It shall be the duty of any sheriff, constable,
policeman, or other peace officer, whenever re¬
quired by any person to carry such vagrant before
a justice of the peace of any parish, or before any
one of the recorders of the city in which he shall
be, for the purpose of examination. And if the
justice or other officer, be satisfied, by the confes¬
sion of the offender, or by competent testimony,
that he is a vagrant within the description afore¬
said, he shall make a certificate of the same, which
shall be filed with the Clerk of the court of the
parish. And, in the city of New Orleans, the cer¬
tificate shall be filed in the office of one of
the recorders, and the justice or other officer shall
issue a warrant to commit such vagrant, if in the
city of New Orleans, to the workhouse of the
city for any time not exceeding six months, there
to be kept at hard labor. Or if such vagrant be
a proper object of charity, to some place of ref¬
uge to be provided by the common council of the
city ; and, if in any of the parishes, to the parish
jail, for not more than six months; and if such
vagrant be a proper object of charity, to such
place of refuge as shall be provided by the par¬
ochial authorities;" shall be amended and re-en¬
acted, so as to read as follows:
That, upon eomplaint made en eath before a
justice of the peace, mayor, or judge of the Dis¬
trict Court, or other proper officer, that any person
is a vagrant within the description aforesaid, it
shall be the duty of such justice, judge, mayor, or
other officer, to issue his warrant to any sheriff,
constable, policeman, or other peace officer, com¬
manding him to arrest the party accused and bring
him before such justice of the peaoe, or other
proper officer, and if the justice, or other officer,
be satisfied by the confession of the offender, or
competent testimony, that he is a vagrant within
the said description, he shall make a certificate of
the same, which shall be filed with the clerk of the
court of the parish; and if in the city of New Or¬
leans, these certificates shall be filed in the office
of one of the recorders, and the said justice, or
other officer, shall require the party accused to
enter into bond, payable to the Governor tU Lou¬
isiana, or his successor in office, in such sum as
said justice, or other officer, shall prescribe, with
security to be approved by said officer for his good
behavior and future industry for the period cf one
year, ancf, upon his failing or refusing to give such
bond and security, the justice, or other officer,
shall issue his warrant to the sheriff, or other offi¬
cer, directing him to detain and to hire out such va¬
grant for a period not exceeding twelve months, or
to be made to labor on the public works, roads, or
levees; Provided, that if the accused be a person
who has abandoned his employ kr before his con¬
tract expired, the preference shall be given to
such employer of hiring the accused; anc pro
vided, further, that in the city of New Orleans
the accused may be committed to the workhouse
for a time not exceeding six months, there to be
kept at hard labor, or to be made to labor on the
public works, roads, or levees; the proceeds of
the hire, in the cases herein provided for, to be
paid into the parish treasury for the benefit of
paupers; and, provided further, that the person
hiring such vagrants shall be compelled to furnish
such clothing, food and medical attention as they
furnish their other laborers.
On motion by Mr. Egan, the first section was
amended by striking out therefrom in the fifty-
second line the words "be made," and inserting
in lieu thereof the words " cause him," and to
add after the word "levees," in the fifty-third
line the following words: "under such regula¬
tions as may be made by the municipal or parochial
authorities."
On motion by Mr. Munday the first section was
adopted as amended.
On motion by the same Senator the rules were
suspended, this bill underwent its several readings
and it passed..
This being also the day set apart for the consid¬
eration of the Senate bill entitled " an act to con-
THE SENATE,
51
fer civil rights upon freedmen in the State of
Louisiana," the same was taken up.
The first, second and third sections were read
and adopted seriatim.
The fourth section, which reads as follows, was
then considered, viz:
Sec. 4. Be it further enacted, etc., That none of
the provisions of this act shall ever be construed
to permit any freedman to be the custodian of any
trust fund, to qualify as executor or administrator
of successions, tutor or under-tutor of minors,
curator of absent or interdicted persons, syndics
of the estates of insolvents, in all cases where
white persons are concerned; or to intermarry
with any white persons.
Mr. Kenner moved to amend the fourth section
by ad ling at the end thereof the following words,
viz: " Or to alter in any manner the present suc¬
cession laws of the State, or any disabilities or
prohibitions therein contained."
Pending the consideration of which bill, Mr.
Duvignaud introduced the following substitute :
joint resolution relative to thr ciyii. status
op freedmen. *
Section 1. Be it resolved bg the Senate and
House of Representatives of the State of Louisi¬
ana in General Assembly convened, That here¬
after the freedmen of Louisiana shall have the
same rights and privileges which were enjoyed by
the free colored population previous to the late
civil war, and that henceforth all persons of color,
whether born free or manumitted under the laws
of the State, or emancipated during the late civil
war, will have and enjoy the same civil status ;
that as a consequence, the freedmen shall be heard
as witnesses in all the courts of this State, whether
the plaintiff or the defendant, or both parties, be
whites, and that they shall sue and be sued, pro¬
secute and be prosecuted, in all of said courts,
without discrimination as to their eivil status of
freedmen.
When, on motion by Mr. Finney, the original bill
and amendment, and Mr. Duvignaud's substitute,
were referred to the Committee on the Judiciary.
This being also the day set apart for the con¬
sideration of the Senate bill entitled "an act to
organize the militia of the State," the same was
taken up.
On motion of Mr. Barrow, the rules were sus¬
pended, this bill underwent its seeond and third
readings, it passed and the Secretary was directed
to request the concurrence of the House therein.
On motion of Mr. Munday, the rules were fur¬
ther suspended, and the engrossment of said bill
was dispensed with.
This being also the day set apart for the con¬
sideration of Senate bill entitled "an act to pre¬
vent trespassing," the same was taken up.
On motion of Mr. Kenner, the rules were sus¬
pended, this bill underwent its seeond and Surd
readings, it passed and the Secretary was directed
to request the concurrence of the House therein.
bill fixed for a particular day.
On motion of Mr. Lott, the rules were suspended
and the Senate proceeded to the consideration of
Senate bill entitled " an act to amend articles 680
and 681 of the Code of Practice," when the same
Senator introduced the following resolution, which
was considered by unanimous consent and agreed
to.
Resolved, That the bill entitled " an act to amend
articles 680 and 681 of the Code of Practice," re¬
ported by the chairman of the Judiciary Com¬
mittee, together with the various bills for which
that bill has been reported as a substitute, betaken
up on to-morrow morning, immediately after the
reading of the journal.
bill introduced and passed.
Mr. Wilcoxon, without previous notice, and with
a suspension of the rules first granted, asked and
obtained leave to introduce a bill entitled " an act
to provide for the licensing of druggists and
apothecaries." which underwent its several read¬
ings, it passed and the Secretary was directed to
request the concurrence of the House therein.
'< reconsideration.
Mr. Lott, in pursuance to previous notice, asked
and obtained leave to reconsider the vote given
on day before yesterday, on the adoption of the
bill entitled " an act fixing the compensation and
providing for the payment of the officers, clerks
and employees of the General Assembly." The
reconsideration being granted,
On motion by the same Senator, the bill was
taken up, when the same Senator ottered a substi¬
tute with the same title, which underwent its first
reading.
On motion by Mr. Anderson, the Senate ad¬
journed until to morrow at 12 o'clock m.
OSCAR ARROYO,
Assistant Secretary of the Senate.
Friday, Dec. 16, 1865.
The Senate met pursuant to adjournment.
Present, the Hon. Albert Voorhies, Lieutenant
Governor and President of the Senate, in the Chair.
Messrs. Abney, Anderson, Armstrong, Barrow,
Bell, Brownlee, Burthe, Coco, Campbell, Cooley,
Duvignaud, Egan, Ellis, Foute, Finney, Gibson,
Gordon, Hough, Kavanaugh, Kelso, Kenner, La-
peyre, Lott, Mohan, Munday, Newton of Jackson,
Newton of Morehouse, Nelson, Palfrey, Purcell,
Taylor, Welch and Wilcoxon—33 Senators.
The proceedings were opened with prayer,
offered by the Rev. Mr. Walker, of the Methodist
ehurch.
The journal of yesterday was read and approved.
52
JOURNAL Of
message to the house.
The Secretary requested the concurrence of the
House in the Senate bills of the following titles,
to-wit:
An act to prevent tresspassing.
An act to amend and re-enact the one hundred
and twenty-first section of an act entitled " an act
relative to crimes and offenses," approved March
14,1865.
An act to provide for the licensing of druggists
and apothecaries.
An act suspending the sale of swamp and over¬
flowed lands.
An act making an appropriation for the ex¬
penses of the State Land Office for the fiscal year
ending the 31st of December, 1865.
And an act to organize the Militia of the State.
SPECIAL ORDER OF THE DAY.
This being the day fixed for the consideration of
Senate bill entitled " an act to amend articles 680
and 681 of the Code of Practice," the same was
taken up, when, on motion of Mr. Kenner, the
farther consideration of this bill was postponed,
and it was ordered to lie on the table, subject to
call.
REPORTS FROM STANDING COMMITTEES.
Mr. Campbell, from the Committee on Elections,
submitted the following report:
The Committe on Elections, to whom was re¬
ferred a resolution of inquiry and memorial in re¬
gard to Senators holding offices in violation of
articles 101 and 123 of the Constitution, would most
respectfully beg leave to report tliat they have
t horoughly examined and investigated the cases
laid before them, and find that there are no mem¬
bers of this body holding any office of trust or
profit in contravention of the organic law of the
State.
WM. CAMPBELL, Chairman.
On motion by Mr. Cooley, the above report was
adopted.
Mr. Duvignaud, on behalf of a majority of the
■ Committee on the Judiciary, to whom was re¬
ferred Senate bill entitled, " an act relative to re¬
spite to debtors who have incurred losses in the
late civil war," submitted a favorable report—a
substitute—entitled, " an act relative to respite,"
which was passed to a second reading, when, on
motion of Mr. Munday, the further consideration of
this bill was postponed, and it was made the spe¬
cial order of the day for to-morrow at 1 o'clock
p. M.
Mr. Kenner, from the Committee on Finance, to
whom was referred Senate bill entitled, " an act
to authorise the Auditor of Public Accounts to em¬
ploy an additional clerk iu his office," submitted a
favorable report with amendment.
On motion of the same Senator, the rules were
suspended, and the Senate proceeded to the con¬
sideration of said bill.
The amendment proposed by the committee be¬
ing to insert in the first section, in the sixth line,
after the word " office," the words "for one year."
On motion by the same Senator the amendment
proposed by the committee was adopted, and the
first section was adopted as amended.
The second section was read and adopted.
On motion of the same Senator the rules were
suspended, this bill underwent its second and third
readings, it passed, and the Secretary was directed
to request the concurrence of the House therein.
bills introduced according to notice.
The hereinafter named Senators in pursuance to
previous notice, respectively asked and obtained
leave to introduce the following entitled bills,
wMch were severally disposed of as indicated be¬
low, to-wit:
Mr. Palfrey—
An act authorizing the construction of a railroad,
canal and bridge by the " American Rock Salt
Company," connecting the salt mine in the parish
of St. Mary with points effecting easy navigation,
with cession of State lands, and for the location of
the same.
On motion of the same Senator the rules were
suspended, this bill underwent its several readings,
it passed, and the Secretary was directed to re¬
quest the concurrence of the House therein.
Mr. Purcell—
An act to amend an act entitled an act
for the organization of corporations for lit
erary, scientific, religious and charitable pur¬
poses, approved March 14,1855.
On motion by the same Senator, the rules were
suspended, this bill underwent its first and second
readings, and it was ordered to be referred to the
Committee on the Judiciary.
special order of the day.
This being also the day set apart for the conside¬
ration of Senate bill entitled an act to provide for
the liquidation of certain banks, the same was
taken up.
Section 1. Be it enacted by the Senate and
House of Representatives of the State of Lou¬
isiana, in General Assembly convened, That
whenever any of the banks in the city of New Or¬
leans, now in liquidation by military orders, shall
be restored to the control of the State laws made
to govern them, namely : The Bank of Louisiana,
Louisiana State Bank, Bank of New Orleans, the
Crescent City Bank and the Merchants' Bank—the
stockholders thereof shall be authorized to elect,
annually, three commissioners for the exclusive
purpose of continuing the liquidation of such
banks—the election to be held under the same
forms and regulations as required for the election
of directors by their respective charters or consti¬
tutive laws—the commissioners in office at the
time of such election to continue until their suc¬
cessors be duly qualified.
THE^tfATE.
55
The amendment proposed by the committee^ to
strike out in the fourth line of the first section, all
after the word " whenever," down to the words
" Merchants' Bank," inclusive, and to insert in
lieu thereof, the following words :
"The Louisiana State Bank, the Bank of Lou¬
isiana, or any other bank in the State now in
liquidation by military orders, shall be restored to
the control of the State laws."
Mr. Finney moved to amend the amendment of
the committee, by striking out all after the word
" that" in the fourth line of the bill, after the
enacting clause thereof, down to the word "shall"
in the twelfth line, and to insert in lieu thereof the
following words, to-wit:
" The stockholders of the Louisiana State Bank,
the Bank of Louisiana, or any other bank in the
State, now in liquidation, by military orders, or
otherwise, or that may desire to avail itself of the
provisions of this act, to go into liquidation."
Mr. Egan moved to amend Mr. Finney's amend¬
ment by inserting in the sixth line of the first
section after the word "State," the following
words: " or any other bank in this State now in
existence."
On motion of Mr. Lapeyre, Mr. Finney's amend¬
ment, as amended by Mr. Egan, was adopted, and
the first section was adopted as amended.
Sec. 2. Be it further enacted, etc., That each
of the Commissioners elected, as provided for in
the first section, shall, before entering into office,
subscribe a bond of not less than thirty thousand
dollars, with one or more solvent securities in
favor of the Governor of the State, and to be ap¬
proved by him, for the faithful discharge of their
duties, according to the true intent and meaning of
this act; and the certificate of the Governor, of
his having received and approved such bond, shall
invest the respective Commissioners with full au¬
thority to enter into the discharge of his duties as
such.
On motion by Mr. Finney, the second section
was amended by striking out therefrom, in the
ninth line, the word " their," and inserting in lieu
thereof the word "his," and to strike out,
in the fifteenth line, the word " his," and insert
in lieu thereof the word "their."
On motion by Mr. Lapeyre, the second section
was adopted as amended.
The third, fourth, fifth and sixth sections were
read and adopted seriatim.
Sec. 7. Be it further enacted, etc., That when
required by any debtor domiciliated in the State,
the banks liquidating under the provisions of this
act, shall, on payment by the applicant of ten per
centum cash of such indebtedness, extend the time
of payment of the balance, by dividing it into five
equal instalments, to be paid, with six per centum
interest per annum, in such a manner as to extin¬
guish the whole debt within five years from the
promulgation of this act.
Onmotion of Mr. Finney, the seventh sefction was
amended by inserting in the fourth line thereof,
after the word " shall" the following words, to wit:
" with the consent of his sureties or endorsers"
On motion b. Mr. Lapeyre, the seventh section
was adopted as amended.
The eighth and pinth sections were read and
adopted.
Sec. 10. Be it further enacted, etc., That the
commissioners elected under this act shall be pro¬
hibited from issuing any circulating notes of the
bank, and from entering into any banking specu¬
lation, or any other business; their duties being
limited to the redemption of the existing liabili¬
ties of such banks, as fast as the collection of the
respective debts will permit.
On motion of Mr. Finney the tenth section was
amended, by inserting after the word " business "
in the sixth line "with the assets of their respec¬
tive banks or for their account."
On motion of Mr. Lapeyre the tenth section was
adopted as amended.
Sec. 11. Be it further enacted, etc.. That when¬
ever the commissioners' shall deem that they have
it in their power to pay off the then outstanding
liabilities of the bank they represent, they shall,
by public notice, during six months, in two daily
papers of the city of New Orleans, call on the
creditors to present their claims for payment; and
twelve months after the call thus first made, all
notes in circulation not then appearing, and all
balances of deposits then unclaimed, shall be
deemed to have been lost, destroyed or abandon¬
ed; and the stockholders of such bank shall,
thereafter, be discharged from further liability in
the premises.
On motion of Mr. Burthe the eleventh section
was amended by striking out in the second line
thereof the words " deem that they;" to insert in
the seventh line, after the word "papers," "and one
weekly of general circulation;" to insert in the
ninth line, after the word " payment," the words
" and shall pay the same on presentationto
strike out in the tenth line the words * o cajl thus
first made," and insert the words " expiration of
such advertisements."
On motion of Mr. Lapeyre, Mr. Bnrthe's amend¬
ment was adopted and the eleventh'section was
adopted as amended.
Sec. 12. Be it further enacted, etc., That, incon«
sideration of the extension of time required to bo
given debtors by the seventh section of this act,
and of any other act restrictive of the right of the
banks to collect their debts in the ordinary courts
of law, all judicial proceedings be and are hereby
stayed against all such banks as shall accept this
act, for the term of five years from its promulga¬
tion.
54
JOURNAL OF
Mr. Burthe offered the following proviso, to come
at the end of the twelfth section :
" Provided that nothing contained herein shall
be construed to prevent any person interested
from taking any legal steps to compel the perform¬
ance of any duties imposed upon the commission¬
ers under this act."
On motion of Mr. Lapeyre, Mr. Burthe's proviso
was adopted, and the twelfth section was adopted
as amended.
Sec. 13. Be it further enacted, etc., That each
of the banks named in the first section of this act
shall, within sixty days from its passage, call a
general meeting of their stockholders, by public
notice, during fifteen days, in two of the city
daily papers, at which meeting this act shall be
submitted for their acceptance, and if accepted,
written notice of said acceptance shall be given
by the chairman of said meeting to the Governor
of the State within five days after said meeting.
Such of the banks failing to give said written no¬
tice to the Governor, shall be deemed to have re¬
fused to accept this act. Should, at said first
meeting, a majority of the stock, or of the stock¬
holders, fail to be represented, the meeting shall
adjourn to fifteen days later, of which adjourn¬
ment public notice, as before, shall be given, and
the action by the majority, at such adjourned
meeting of the stockholders then and there repre¬
sented, shall be binding on the bank.
On motion by Mr. Egan, the thirteenth section was
amended by striking out in the second line thereof
the words "each of the banks named," and in¬
serting in lieu thereof, the words "any bank in¬
cluded."
On motion by Mr. Lapeyre, the thirteenth sec¬
tion was adopted as amended.
Sec. 14. Be it further enacted, etc., That any
laws, or parts of laws, conflicting with the provis-
sions of this act, be and the same are hereby re¬
pealed.
The amendment proposed by the committee be¬
ing to add at the end of the fourteenth section the
following words, to-wit: " and that this act shall
take effect from and after its passage,"
On motion ty Mr. Lapeyre, the amendment pro¬
posed by the committee was adopted, and the
fourteenth section was adopted as amended.
On motion of the same Senator, the rules were
suspended ; this bill underwent its second and
third readings; it passed, and the Secretary was
directed to request the concurrence of the House
therein.
claim referred.
Mr. Kenner presented to the Senate several
amounts due the Southern Star, in the city of New
Orleans, the reading of which was dispensed with,
andthey were ordered to be referred to the Com¬
mittee on Printing.
executive communication.
The President submitted to the Senate a com¬
munication from the Hon. J. Hamilton Hardy,
Secretary of State, transmitting election re¬
turns from the parish of Lafourche, of the election
held on the 11th day December, 1865, for one
Senator to fill the unexpired term of Mr. J. Nico¬
las, Senator from the District composed of the
parishes of St. Charles and Lafourche, whose
seat was vacated by the Senate.
bills and joint resolutions introduced with¬
out notice.
The hereinafter named Senators, without previ¬
ous notice and with a suspension of the rules first
granted, respectively asked and obtained leave
to introduce the following entitled bills, which
were severally disposed of as indicated below, to-
wit:
Mr. Egan—
An act to provide for filling vacancies in the
office of Clerks of the District Court in this State.
On motion of the same Senator the rules were
suspended, this bill underwent its several readings,
it passed, and the Secretary was directed to re¬
quest the concurrence of the House therein.
Mr. Taylor— ,
An act for the relief of William Lockwood.
On motion of the same Senator, the rules were
suspended, this bill underwent its first and second
readings by its title, and it was ordered to be re¬
ferred to the Committee on Claims.
Mr. Mohan—
An act to amend an act entitled " an act to pro¬
vide for the suits, judgments and business of the
United States Provisional Court for the State of
Louisiana, and for other purposes," approved
March 24,1865.
On motion by the same Senator, the rules were
suspended, this bill underwent its first and second
readings by its title, and it was ordered to be re¬
ferred to the Committee on the Judiciary.
Mr. Newton of Morehouse—
An act for the relief of John L. Pratt.
On motion by the same Senator, the rules were
suspended, this bill underwent its first and second
readings by its title, and it was ordered to be re¬
ferred to the Committee on Claims.
Mr. Egan—
An act for the relief of John C. Brown, Sheriff
of the parish of Winn.
On motion by the same Senator, the rules were
suspended, this bill underwent its first and second
readings by its title, and was referred to the Com¬
mittee on Claims.
Mr. Munday—
An act to punish any person or persons who
shall enoourage or excite an insurrection or revolt
in the State.
On motion of the same Senator, the rules were
suspended, this bill underwent its first and second
THE SENATE.
5
readings by its title, and it was ordered to be re¬
ferred to the Committee on the Judiciary.
Mr. Ellis—
An act extending the time for bringing up ap¬
peals in certain cases, to the Supreme Court from
the District Courts, outside of the parish of Or¬
leans.
■ On motion of the same Senator, the rules were
suspended, this bill underwent its first and second
readings by its title, and it was ordered to be re¬
ferred to the Committee on the Judiciary.
An act supplementary to an act entitled "an act
relative to injunctions," approved March 29th,
1833.
On motion of the same Senator, the rules were
suspended, the bill underwent its first and second
readings by its title, and it was ordered to be re¬
ferred to the Committee on the Judiciary.
Mr. Mohan-
Joint resolution for the relief of J. W. Burke.
On motion by the same Senator, the rules were
suspended, this bill underwent its first and
second readings by its title, and the same was
ordered to be referred to the Committee on
Claims.
message from the house.
Mr. E. W. Halsey, Assistant Clerk of the House
of Kepresentatives, informed the Senate that the
House had concurred in Senate bills entitled—
An act prohibiting the carrying of firearms on
premises or plantations of any citizen, without the
consent of the owner.
An act to amend an act entitled an act relative
to judicial and other sales made at public auc¬
tion.
And he requested the concurrence of the Senate
in House bills of the following titles, to wit:
An act to extend relief to Louisiana soldiers who
have been wounded or disabled, and are in neces¬
sitous circumstances.
Joint resolution ordering an election for municipal
officers of the city of New Orleans.
An act to suspend the assessment and collection
of certain State taxes.
Joint resolution relative to the founding of a
soldiers' home.
And that the Speaker has appointed Messrs. W.
Thieneman, Waggaman, Peterson, Murray and
Freret the committee on the part of the House ;
and
Joint resolution fixing the adjournment of the
General Assembly.
house bills oonoukreb in.
On motion by Mr. Gibson, the rules were sus¬
pended, and the Senate took up House bill en¬
titled an act appropriating a certain sum of money
to defray the expenses of fitting up the Mechan¬
ics' Institute for the use of the Legislature, which
underwent its several readings, it was concurred
in, and the Secretary was directed to inform the
House thereof.
On motion of Mr. Munday, the rules were sus¬
pended, and the Senate took up House bill en¬
titled an act to compel persons residing in the
vicinity of Port Hudson, east of the Mississippi
river, to keep their horses, mules, neat cattle, and
other live stock withiii enclosures, which under¬
went its several readings, was concurred in, and
the Secretary was directed to inform the House
thereof.
On motion by Mr. Kenner, the rules were sus¬
pended, and the Senate took up Louse bill en¬
titled an act to suspend the assessment and col¬
lection of certain State taxes. /
Sec. 1. Be it enacted by the Senate and House
of Representatives of the State of Louisiana in
General Assembly convened, That the assessment
and collection of the State taxes for the years
1861,1862, 1863 and 1864, ordered to be assessed
and collected by the Treasury Department, be and
the same is hereby suspended, any law to the
contrary notwithstanding; provided, that nothing
herein shall exempt the collectors of taxes from
settling with the Auditor, as now required by
law, for any amounts which they may have now
collected.
On motion by the same Senator, the rules were
suspended, and this bill underwent its first and
second readings.
Mr. Mohan offered the following substitute for
the first section of the bill:
Sec. 1. Beit enacted by the Senate and House
of Representatives of the State of Louisiana
in General Assembly convened, That no State
taxes for the years 1861,1862, 1863 and 1864 shall
be collected from persons who have already paid
then- State taxes for said years to the de facto
Government existing at the time; provided, that
no State taxeB for said years shall be collected for
assessments upon slaves, nor upon property which
was taken possession of by the United States Govr
ernment while such possession continued, unless
they have had compensation for the use of such
property.
Mr. Kenner moved to lay Mr. Mohan's substitute
on the table; and on that motion
Mr. Mohan called for the yeas and nays.
They were ordered, and on being taken resulted
as follows, to-wit:
Yeas—Messrs. Abney, Armstrong, Anderson,
Coco, Campbell, Cooley ,Duvignaud, Egan, Ellis,
Foute, Finney, Gibson, Gordon, Hough, Kenner,
Munday, Newton of Jackson, Newton of More¬
house, Nelson, Palfrey, Taylor and Welch—22
Senators.
Nays—Messrs. Bell, Brownlee, Mohan and Pur-
cell—4 Senators.
- So Mr. Mohan's substitute was ordered to lie on
the table.
56
JOURNAL OF
Mr. Gordon offered as a substitute for the bill
under consideration, Senate bill introduced by Mr.
Hough, reported favorably by the Senate Commit¬
tee on Finance, and which reads as follows to-wit:
an act for the relief of tax payerr.
Section 1. Be it enacted, by the Senate and
House of Representatives of the State of Lou¬
isiana in General Assembly convened, That the
tax-payers of the State of Louisiana be and they
are hereby relieved from the payment of any and
all State taxes assessed against them for the years
1861, 1862, 1863 and 1861, and the sheriffs and
State tax collectors throughout the State are
hereby directed not to proceed any farther in the
collection of said taxes, and from collecting any
license tax or fee that is or may have been as¬
sessed against any one following any of the occu¬
pations, trades or professions taxed by the laws
of the State. It being the true intent and mean¬
ing of this act that the said tax-payers are hereby
declared forever exempted from the payment of
any of said taxes for the years 1861, 1862, 1863
and 1864.
Sec. 2. Be it further enacted, etc., That this
act-take effect from and after its passage.
Mr. Taylor moved to lay Mr. Gordon's substi¬
tute on the table, and, upon that motion, Mr.
Mohan called for the yeas and nays; they were
ordered, and being taken, resulted as follows, to-
wit:
Yeas—Messrs. Abney, Anderson, Armstrong,
Coco; Campbell, Cooley, Duvignaud, Egan, Ken-
ner, Munday, Newton of Jackson, Newton of
Morehonse, Palfrey, Taylor and Welch—15
Senators.
Nays—Messrs. Bell, Brownlee, Ellis, Gibson,
Gordon, Hough, Kavanaugh, Mohan, Nelson and
Pur cell—10 Senators.
So Mr. Gordon's substitute was ordered to lie on
the table.
Mr. Gordon offered the following proviso, to
come in at the end of the first section :
Provided, That in all cases where any State tax¬
es for the years 1861, 1862, 1863 and 1864 shall
have been paid, the receipts therefor shall be re¬
ceived in payment of any State tax that may here¬
after be levied.
Mr. Egan moved to lay Mr. Gordon's proviso on
the table.
Mr. Gordon moved to adjourn, and upon that
motion Mr. Taylor called for the yeas and nays,
they were ordered, and being taken resulted as
follows, to-wit:
Yeas—Messrs. Brownlee, Gordon, Kavanaugh
and Mohan—4 Senators.
Nays—Messrs. Abney, Anderson, Armstrong,
Bell, Coco, Campbell, Cooley, Duvignaud, Egan,
Ellis, Gordon, Hough, Kenner, Munday, Newton of
Jackson, Nelson, Palfrey, Taylor and Welch—19
Senators.
So the Senate refused to adjourn.
Mr. Egan moved to lay Mr. Gordon's proviso oh
the table, and on this motion Mr. Kavanaugh
called for the yeas and nays, they were ordered,
and being taken resulted as follows, to-wit:
Yeas—Messrs. Anderson, Armstrong, Coco,
Cooley, Egan, Gibson, Kenner, Munday, Newton
of Jackson, Nelson, Palfrey, Taylor and Welch—
14 Senators.
Nays—Messrs. Bell, Brownlee, Campbell, Duvig¬
naud, Ellis, Gordon, Hough, Kavanaugh, Mohan,
and Purcell—10 Senators.
So Mr. Gordon's proviso was ordered to lie on
the table.
Mr. Gordon moved to lay the bill on the table,
and, upon his motion, he called for the yeas and
nays; they were ordered and being taken resulted
as follows :
Yeas—Messrs. Bell, Brownlee, Duvignaud,
Gordon, Mohan and Purcell—6 Senators.
Nays—Messrs. Abney, Anderson, Armstrong,
Coco, Campbell, Cooley, Egan, Ellis, Gibson,
Hough, Kenner, Munday, Newton of Jackson,
Nelson, Palfrey, Taylor and Welch—17 Senators.
So the Senate refused to lay the bill on the
table.
Mr. Gordon moved to adjourn and, upon his mo¬
tion, he called for the yeas and nays; they 'were
ordered and being taken resulted as follows, to-
wit:
Yeas—Messrs. Bell, Duvignaud, Gordon and
Kavanaugh—4 Senators.
Nays—Messrs. Abney, Anderson, Armstrong,
Coco, Campbell, Cooley, Egan, Ellis, Gibson,
Hough, Kenner, Munday, Newton of Jackson, Nel¬
son, Palfrey, Taylor and Welch—17 Senators.
So the Senate refused to adjourn.
Mr. Anderson moved the adoption of the bill at
its second reading, and, upon that motion, Mr.
Munday called for the yeas and nays; they were
ordered, and being taken, resulted as follows, to-
wit:
Yeas—Messrs. Abney, Anderson, Armstrong,
Coco, Campbell, Cooley, Egan, Ellis, Gibson, Gor¬
don, Hough, Kenner, Munday, Newton of Jack¬
son, Nelson, Palfrey, Taylor and Welch—18
Senators.
Nays—Messrs. Bell, Brownlee, Kavanaugh and
Purcell—4 Senators.
So the bill was adopted at its second reading.
Mr. Gordon gave notice, that on to-morrow he
will move a reconsideration of the vote just given.
house bill referred.
On motion by Mr. Mohan, the rules were sus¬
pended, and the Senate proceeded to the conside¬
ration of the House joint resolution entitled:
Joint resolution ordering an election for munici¬
pal officers pf the City of New Orleans.
Which underwent its first and second readings;
when
the senate.
On motion by Mr. Anderson, the further conside¬
ration of the joint resolution was postponed, and
it wa 3 ordered to be referred to a select commit¬
tee' c insisting of the Senatorial delegation from
the eity of New Orleans.
On motion of the same Senator, the Senate ad¬
journed vntil to-morrow, at 12 o'clock m.
HENRY B. KELLY,
Secretary of the Senate.
Saturday, December 16, 1865.
The Senate met pursuant to adjournment.
Present, the Hon. Albert Yoorhies, Lieutenant
Governor and President of the Senate; Messrs.
Abnty, Anderson, Armstrong, Bell, Barrow,
Brownlee, Coco, Campbell, Cooley, Duvignaud,
Egan, Ellis, Foute, Finney, Gibson, Gordon,
Hough, Kavanaugh, Kenner, Lapeyre, Mohan.
New;on of Jackson, Newton of Morehouse, Nel¬
son, Palfrey, Purcell, Taylor, Welch and Wil-
coxoi—29 Senators.
The proceedings were opened with prayer offered
by the Rev. Mr. C. S. Hedges, of the Episcopal
Church.
The journal of yesterday was read and ap¬
proved.
resolution.
Mr. Palfrey presented the following preamble
and resolution, which were considered by unani¬
mous consent and agreed to.
Wiiebeas, The St. Luke's Church, of which the
Rev. Dr. Hedges is pastor, has been destroyed
by fire, and is being rebuilt; therefore, be it
Jlesolved, That, in the meantime, on Sundays,
the said Dr. Hedges have the use of the Senate
Chamber for divine service.
executive communication.
The President submitted to the Senate the fol¬
lowing communication :
State of Louisiana, Executive Department, )
New Orleans, Dec. 15,1865. j
To the President of the Senate:
I am instructed by his Excellency the Governor,
to inform the Senate that he has approved and
signed ,
"An act to authorize the recorders of the differ¬
ent parishes in the State of Louisiana to appoint
deputies and to define their powers."
N. C. SNETHEN,
Private Secretary,
message to the house.
The Secretary requested the concurrence of the
House of Representatives in the following entitled
Senate bills:
An act to provide for the liquidation of certain
bank3.
An act to authorize the Auditor of Public Ac¬
counts to employ anadditional clerk in his office.
An act authorizing the construction of a railroad,
8anal and bridges by the "American Rook Salt
A8
Company," connecting the salt mines in the parish
of St. Mary with points affording easy navigation,
with .cession of State lands for the location of the
same.
And an act to provide for the filling of vacancies
in the office of clerk of the district courts in this
State.
And he informed the House of the concurrence
of the Senate in the House bill entitled an act
to compel persons residing in the vicinity of Port
Hudson, east of the Mississippi river, to keep their
horses, mules, neat cattle and other live stock
within inclosures. ,
report of enrolled bills.
Mr. Abney, from the Committee on Enrolled
Bills, reported as correctly enrolled Senate bills of
the following titles:
An act to amend an act entitled "an act relative
to judicial and other sales made at public auction,"
approved March 12th, 1855.
And an act to prohibit the carrying of firearms
on premises or plantations of any citizen, without
the consent of the owner.
And the Secretary was directed to request the
signature of the Speaker of the House thereto.
message from the house.
Mr. T. L. Maxwell, Clerk of the House of Rep¬
resentatives, requested the return to the House of
joint resolution fixing the adjournment of the
General Assembly.
bills introduced without notice.
The hereinafter named Senators, without previ¬
ous notice and with a suspension of the ruies first
granted, respectively asked and obtained leave to
to introduce the following entitled bills and joint
resolutions, which were severally disposed of as
indicated below, to-wit:
Mr. Finney—
Joint resolution making an appropriation to pay
the salary of the reporter of the decisions of the
Supreme Court.
On motion of the same Senator, the rules were
suspended, this joint resolution underwent its first
and second readings, and it was ordered to be
referred to the Committee on Claims.
Mr. Gordon—
An act relative to State taxes for the years
1861, 1862, 1863 and 1864.
On motion of Mr. Gordon, the rules were sus¬
pended, this bill underwent its first and second
readings, by its title, when Mr. Anderson moved to
refer the same to the Committee on Finance, and
upon that motion Mr. Taylor called for the yeas
and nays, they were ordered and being taken re¬
sulted as follows, to-wit:
Yeas—Messrs. Anderson, Armstrong, Coco,
Campbell, Cooley, Egan, Hough, I.ott, Munday,
Newton of Jackson, Newtonof Morehouse, Nelson,
Taylor, Welch and Wilcoxon—15 Senators.
JOURNAL or
Nays—Messrs. Bell, Brownlee, Duvignaud, Ellis,
Foute, Finney, Gibson, Gordon, Kavanaugh,
Kenner, Lapeyre, Mohan, Palfrey andPurcell—14
Senators.
So the bill was accordingly referred.
Mr. Hough—
An act to create a homestead.
On motion of the same Senator, the rules were
suspended, this bill underwent its first and second
readings, by its title, when on a motion of the
same Senator the further consideration of this bill
was postponed and it was made the special order
of the day for Monday next, immediately after the
reading of the journal.
special order of the day.
This beihg the day set apart for the considera¬
tion of Senate bill, entitled " an act relative to
respite," the same was taken up, when, on mo¬
tion of Mr. Duvignaud, the further consideration
of this bill was postponed, and the same was or¬
dered to lie on the table subject to call.
message from the house.
Mr. E. W. Halsey, Assistant Clerk of the House
of Representatives, informed the Senate that the
House had concurred in the following entitled
Senate bills, viz.:
An act to provide for and regulate labor con¬
tracts for agricultural pursuits.
An act to amend and re-enact the one hundred
and twenty-first section of an act entitled " an
act relative to crimes and offenses," approved
March 14,1855.
An act to prevent trespassing.
An act to punish in certain cases the employers
of laborers and apprentices.
And an act authorizing the construction of a
railroad, canal and bridges, by the " American
Rock Salt Company," connecting the salt mines in
the parish of St. Mary with points affording easy
navigation, with cession of State lands for the lo¬
cation of the same.
That the Househad concurred with amendments
in the following entitled Senate bills, viz:
An act to provide for the punishment of persons
for tampering, persuading or enticing away, har¬
boring, feeding or secreting laborers or appren¬
tices.
And an act providing for the apprenticing of
minors.
He requested the concurrence of the Senate in
House resolution for the appointment of a Joint
'Committee to select from the calendar bills of
public interest for the consideration of the Gene¬
ral Assembly.
That the Speaker had appointed Messrs. Snider,
Lagroue, Stille, Drew and Fenner, the committee
on the part of the House.
He also requested the signature of the President
of the Senate to House enrolled bill entitled "An
act appropriating a certain sum of money to de¬
fray the expenses of the Mechanics' Institute for
the use of the Legislature.
And.he informed the Senate that the Speaker
of the House had signed Senate enrolled bills of
the following titles, to-wit:
An act to amend an act entitled an act relative
to judicial and other sales made at public auction,
approved March 12th, 1855. And an act to pro¬
hibit the carrying of fire-arms on premises or plan¬
tations of any citizen, without the consent of the
owner, which two last bills received the signature
of the President of the Senate, and were, by Mr.
Abney, on the part of the Committee on Enrolled
Bills, submitted to His Excellency, the Gov¬
ernor, for his approval and signature.
house amendments to senate bills concurred
in.
On motfon of Mr. Kenner, the rules were sus¬
pended, and the Senate proceeded to the consider¬
ation of House amendment to Senate bill entitled
" an act relative to apprentices and indentured
servants."
The amendment of the House being to the
eleventh section of the bill, which reads as fol¬
lows :
Sec. 11. Be it further enacted, etc., That per¬
sons who have attained the age of majority,
whether in this State or any other State in the
United States, or in a foreign country, may bind
themselves to services to be performed in this
State, for the term of five years, on such terms as
they may stipulate, to work on farms, plantations
or in manufacturing establishments, which con¬
tract shall be valid and binding on the parties to
the same.
The House amendment being to insert in the
sixth line after the word " stipulate " the following
words:
"As domestic servants."
On motion of Mr. Kenner, the House amend¬
ment was adopted and the Secretary was directed
to inform the House thereof.
On motion of Mr. Kenner, the rules were sus¬
pended and the Senate proceeded to the conside¬
ration of House amendment to Senate bill entitled
An act relative to apprentices and indentured
servants.
The House amendment being to insert after the
word " laborers" in the title of said bill, the word
" servants."
On motion of Mr. Kenner, the House amend¬
ment was concurred in and the Secretary was di¬
rected to inform the House thereof.
reports of standing committees.
Mr. Finney, from the Committee on the Judici¬
ary, te whom was referred Senate bills entited an
act to punish any person or persons who shall
encourage or excite an insurrection or revolt in
THE SENATE.
59
this State; an act to provide for elections of Dis¬
trict Attornies, Sheriffs, Parish Recorders, Clerks
of Court, Assessors, Coroners and other officers;
an act extending the time for bringing up appeals
in certain cases to the Supreme Court from the
District Courts outside of the parish of Orleans—
submitted a favorable report on each of said
bills.
The same Senator, from the same Committee,
to whom was referred Senate bill entitled an act
suspending prescriptions in certain cases, submitted
a favorable report by a substitute with the same
title, which was passed to a second reading.
The same Senator, from the same Committee, to
whom was referred Senate bill entitled an act to
exempt the homestead of householders from
seizure and sale under execution, and also to ex¬
empt from execution, from seizure for rent, from
garnishment, certain personal property and effects,
the wages for labor, compensation for profes¬
sional and other services, submitted an adverse
report.
And the same Senator, from a majority of the
same Committee, to whom was referred Senate
bill entitled " An Act for the organization of cor¬
porations to engage in a factorage and commission
business" submitted a favorable report.
Mr. Egan, on behalf of a minority of the same
Committee, submitted the following report:
To the Honorable the President and members of the Senato
of the State of Louisiana—
The undersigned, a member of the Justiciary
Committee of the Senate, to which was referred
"An Act for the organization of corporations to
engage in a factorage and commission business,"
beg leave to submit the following minority report:
They report that in their opinion this act is in
contravention of Art. 121 of the Constitution of
1864.
It is also in direct opposition to the settled
policy of the State, as indicated in all past legisla¬
tion.
It proposes to create monopolies, the effect of
which must inevitably drive from the factorage
and commission business all private firms and in¬
dividuals, and creates invidious distinctions in
favor of corporations to be created under it.
Lastly, because it is uncalled for by any wants
of the State, and existing laws make ample pro¬
vision for any factorage and commission business
which ought to be encouraged. And 'further,
because its operation will be unjust and injurious
to all classes of the community except the corpo-
rat0rS" W. B. EGAN,
E. COOLEY,
M. A. FOUTE.
Mr. Taylor, from the Committee on Printing, to
whom was referred sundry amounts claimed by
Mr. E. L. Jewell, editor of the Southern Star, for
printing, reported by bill entitled "An a»ct for the
relief ofE. L. Jewell," which was passed to a
second reading.
Mr. Anderson, from the Committee on Claims, to
whom was referred Senate bill entitled "An act
for the relief of John L. Pratt," and House joint
resolution entitled "Joint resolution for the relief
of Hon. Joachim Bermudez," submitted a favora¬
ble report on each of said bills.
senate bills passed.
On motion of Mr. Finney, the rules were sus¬
pended, and the Senate proceeded to the consider¬
ation of Senate bill entitled "An act to suspend
prescriptions in certain cases," reported by the
Committee on Judiciary.
Whereas, Owing to the unsettled condition of
the State of Louisiana during the late four years,
litigants generally have hardly had an opportunity
to have their claims properly liquidated and en¬
forced by judicial process.
Section 1. Be it enacted by the Senate and House
of Representatives of the State of Louisiana, in
General Assembly convened, That the time
intervening between the 1st of May, 1862, until
the 30th of May, 1865, shall not be counted in the
computation of the term required for prescription
in all cases whatever.
Mr. Egan offered the following proviso : Provided
that nothing contained in this act shall be held to
apply to any prescription already acquired or
completed.
Pending the consideration of which, on motion
of Mr. Gordon the whole subject matter was re-
comjnitted to the Committee on the Judiciary.
senate bills passed.
On motion of Mr.vEllis the rules were suspended
and the Senate proceeded to the consideration of
Senate bill entitled " an act extending the time for
bringing up appeals, in certain cases, to the Su¬
preme Court from the District Courts, outside'of the
Parish of Orleans," which underwent its second
and third readings, it passed, and the Secretary
was directed to request the concurrence of the
House therein.
On motion of Mr. Taylor the rules were sus¬
pended, and the Senate proceeded to the consider¬
ation of Senate bill entitled "an act for the relief
Of E. L. Jewell," which underwent its second and
third readings, it passed, and the Secretary was
directed to request the concurrence ofthe House
therein.
On motion of Mr. Newton, of_ Morehouse,
the rules were suspendend and the Senate pro¬
ceeded to the consideration of Senate bill entitled
an act for the the relief of John L. Pratt, which
underwent its second and third readings, it passed
and the Secretary was directed to request the con¬
currence of the House therein.
JOURNAL OF
On motion of Munday, the ruleB were suspended
and the Senate proceeded to the consideration
of Senate bill entitled an act to punish any per¬
son or persons who shall encourage ©r excite an
insurrection orrevoltin the State, which underwent
ts second and third readings; it passed and the
Secretary was directed to request the concurrence
of the House therein.
house bill concurred in.
On motion of Mr. Duvignaud, the rules were sus¬
pended and the Senate proceeded to the con¬
sideration of House joint resolution entitled joint
resolution for the relief of the Hon. Joachim Bermu-
dez, which underwent its second and third readings,
it was concurred in and the Secretary was directed
to inform the House therein.
house bill referred.
On motion of Mr. Foute, the rules were sus¬
pended, and the Senate proceeded to the con¬
sideration of House bill entitled an act
to regulate the collection of licenses on
trades, professions and occupations, within this
State, which underwent its first and second read¬
ings, pending the consideration of which, on mo¬
tion of Mr. Purcell, this bill was ordered to be re¬
ferred to the Committee on Finance.
On motion of Mr. Munday, the rules were sus¬
pended, and the Senate proceeded to the consid¬
eration of House bill entitled "an act to provide
for the election of parish and district officers
throughout the State," which underwent its first
reading.
The same Senator moved to suspend the rules,
with the view of placing this bill on its second
Reading, which was objected to by Mr. Anderson,
and, two-thirds of the Senators present voting in
the negative, the rules were not suspended.
message from the house.
Mr. T. L. Maxwell, Clerk of the House of Repre¬
sentatives, requested the concurrence of the Sen¬
ate in House joint resolution adopting the Consti¬
tutional amendment.
reconsideration.
Mr. Gordon, in pursuance to previous notice,
asked leave to reconsider the vote given on yes¬
terday on the adoption of House bill, entitled an
act to suspend the assessment and collection of
certain State taxes, at its second reading.
Mr. Kenner objected, and on his motion the
Senate refused to reconsider the vote.
On motion of the same Senator the rules were
suspended, this bill underwent its third reading,
and on its final passage J^r. Anderson called for
the yeas and nays; they were ordered, and being
taken, resulted as follows, to-wit:
Yeas—Messrs. Abney, Anderson, Armstrong,
Coco, Campbell, Cooley, Egan, Ellis, Foute, Fin¬
ney, Gibson, Hough, Kenner, Lapeyre, Lott, Mun¬
day, Newton of Jackson, .Newton of Morehouse,
Nelson, Palfrey, Taylor, Welch and Wilcoxon—23
Senators.
Nays—Messrs. Bell, Brownlee, Duvignaud, Gor¬
don, Kavanaugh, Mohan and Purcell—7 Sens tors.
So the bill passed.
On motion of Mr. Abney, the Senate adjourned
until Monday next, at 12 o'clock m.
HENRY B. KELLY,
Secretary of the Senate.
Monday, December 18th, 1865.
The Senate met pursuant to adjournment.
Present, the Hon. Albert Yoorhies, Lieutenant
Governor and President of the Senate, in the Chair;
Messrs. .Abney, Anderson, Armstrong, Bell,
Burthe, Coco, Campbell, Cooley, Duvignaud,
Ellis, Foute, Firney, Gibson, Gordon, Hcugh,
Kelso, Kenner, Lapeyre, Lott, Mohan, Munday,
Newton of Jackson, Newton of Morehouse, Nel¬
son, Palfrey, Purcell, Taylor, Welch and Wil-
coxon—28 Senators.
The proceedings were opened with prayers
offered by the Rev. Mr. C. S. Hedges, of the
Episcopal Church.
The journal of last Saturday was read and ap¬
proved.
leave of absence.
On motion of Mr. Abney, leave of absence was
granted for the balance of the session to Mr. W.
B. Egan, Senator from Claiborne, Bienvillle, Bos¬
sier and Winn.
message to the house.
The Secretary requested the concurrence of the
House in Senate bills entitled
An act for the relief of John L. Pratt.
An act to punish any person or persons who
shall encourage or excite an insurrection or re¬
volt in this State.
An act extending the time for bringing up
appeals in certain cases to the Supreme Court
from the District Courts outside of the parish of
Orleans.
And an act for the relief of E. L. Jewell.
He informed the House that the Senate had con¬
curred in House bill entitled
An act to suspend the assessment and collection
of certain State taxes.
That the Senate had concurred in House amend¬
ments to Senate bills entitled
An act to provide for the punishment of persons
for tampering with, persuading or enticing away,
harboring, feeding or secreting laborers or ap¬
prentices.
And an act providing for the apprenticing of
minors.
And he also informed the House that the Presi¬
dent had signed House enrolled bill entitled
THE SENATE).
61
An act appropriating a certain sum of money to
defray the expense of fitting up the Mechanics'
Institute for the use of the Legislature.
report of enrolled bills.
Mr. Abney, from the Committee on Enrolled
Bills, reported as correctly enrolled Senate biils
entitled :
An act to provide for and regulate labor con¬
tracts for agricultural pursuits.
An act to prevent trespassing.
An act to authorize the construction of a i*ail-
road, canal and bridges by the American Bock
Salt Company, connecting the salt mines in the
parish of St. Mary with points effecting easy navi¬
gation, with cession of State lands for the location
of the same.
An act to amend and re-enact the 121st section
of an act entitled an act relative to crimes and
offenses, approved March 14th, 1855.
An act to punish in certain cases the employers
of laborers or apprentices.
An act relative to apprentices and indentured
servants.
And the Secretary was directed to request the
signature of the Speaker of the House thereto.
Subsequently, by- a message from the House of
Representatives, through Mr. E. W. Halsey, its
Assistant Clerk, the Senate was informed that the
Speaker of the House had signed said enrolled
bills, they received the signature of the President
of the Senate and were, by Mr. Abney, on the
part of the Committee on Enrolled Bills, submitted
to his Excellency the Governor for his approval
and signature.
special order of the day.
This being the day set apart for the considera¬
tion of Senate bill entitled an act to create a
homestead exemption, the same was taken up.
On motion by Mr. Hough, the rules were sus¬
pended, this bill underwent its second and third
readings, and on the adoption of its title, on motion
of Mr. Abney, the same was amended by adding
at the end thereof the word exemption, the bill
passed and the Secretary was directed to request
the concurrence of the House therein.
message from the house.
Mr. E. W. Halsey, Assistant Clerk of the House
of Representatives requested the concurrence of
the Senate in House bill entitled an act to estab¬
lish an election precinct in Kennerville, parish of
Jefferson.
And he requested the signature of the President
of the Senate to House enrolled bill entitled an
act to compel persons residing in the vicinity of
Port Hudson, east of the Mississippi river to keep
their horses, mules, cattle and other live stock
within inclosures, and joint resolution for the re¬
lief of the Honorable Joachim Bermudez, which
received the signature of the President of the
Senate, and were, by the Secretary, returned to the
House.
senate bills rejected, reconsidered and passed.
On motion by Mr. Lott, the rules were suspended
and the Senate took up Senate bill entitled
an act to amend articles 680 and 681 of the
code of practice.
Section 1. Be it enacted by the Senate and
House of Representatives of the Stc te of Louisi¬
ana, in General Assembly convened, That arti¬
cles 680 and 681 of the Code of Practice be amend¬
ed and re-enacted so as to read as follows, viz :
These previous steps being taken,'the sheriff shall
proceed to the sale and adjudication of the proper¬
ty taken, and if the price offered by the highest
bidder does not reach the appraised ^alue as filed,
according to the articles under this litle, then the
thing shall not be adjudicated, but the sheriff shall
immediately, on the spot, re-offer it for sale with¬
out other advertisement, at twelve m inths' credit,
the purchaser being required to giv > bond, with
gool and sufficient personal security, and
special mortgage on the thing sold, and
the bond to bear interest at the; same rate
as that allowed by the judgment; and
if, upon this second offer, the thing shall
not bring its full appraised value, the sheriff
shall immediately, on the spat, proceed
without further advertisement, to re-offer it for
sale for whatever it will bring, upon a credit of
one, tv$> and three years, in equal instalments;
the purchaser being required to give a separate
bond, with personal security for each instalment,
bearing interest from the date of the adjudication
at the same rate as that allowed by the judgment,
and special mortgage on the thing sold; Provided,
that nothing contained in this act shall be held to
apply to debts due in any judiciary capacity, nor
to any debts contracted after the passage of this
act, in regard to which, proceedings rhall be gov¬
erned by the law as it stood before the passage of
this act.
Sec. 2. Be it further enacted, etc., That the
bonds provided for in the first section of this act
shall be treated, considered and proceeded upon,
in all respects, as are twelve months' bonds under
existing laws.
Sec. 3. Be it further enacted, etc., That the
provisions of the preceding section shall apply as
well to writs of seizure and sale as to writs of
fieri facias.
Sec. 4. Be it further enacted, etc., That all laws
and parts of laws in conflict with the provisions of
this act, be and are hereby repealed.
Sec. 5. Be it further enacted, etc., That this
act shall take effect immediately upon its pas¬
sage.
I Mr. Lott moved to lay the' bill on the table.
62
JOURNAL OP
Upon that motion, Mr. Mohan called for the yeas
and nays. They were ordered, and being taken,
esulted as follows, to-wit:
Yeas—Messrs. Anderson, Armstrong, Campbell,
Gibson, Kenner, Lapeyre, Lott, Munday, Nelson,
Palfrey, Purcell, Taylor, Welch and Wilcoxon—14
Senators.
Nays—Messrs. Abney, Burthe, Duvignaud, Ellis,
Finney, Gordon, Hough, Mohan, Newton of Jack¬
son and Newton of Morehouse—9 Senators.
So the bill was ordered to lie on the table.
On motion of Mr. Lott, the Senate proceeded to
the consideration of Senate bill entitled an act to
regulate forced, and judicial sales of property in
certain cases, for which the bill just registered
had been reported as a substitute by the Senate
Committee on the Judiciary.
Section 1. Be it enacted by the Senate and
House of Bepresentatives of the State of Louisi¬
ana in General Assembly convened, That the
officers appointed and to be appointed by the pro¬
visions of the existing laws for appraising property,
in case of forced sales, shall adopt, as a standard
of appraisement on real estate, one-third over and
above the value of such property on the first day
of January, eighteen hundred and sixty-one; and,
on personal property, one-third over and above its
cash value at the time the seizure is made.
Mr. Duvignaud moved to amend the first sec¬
tion by striking out all after the words" real
estate," in the eighth line, down to the word "and,"
in the tenth line, and to insert in lieu thereof the
following words, to-wit: " The appraised value of
Such property at the date of the contract or obli¬
gation, which is the basis of the judgment in exe¬
cution."
Mr. Gordon moved to amend Mr. Duvignaud's
amendment by striking out all after the word
" shall" in the seventh line, down to the end of
the section, and to insert in lieu thereof the follow¬
ing words, to-wit: "appraised the same at its
cash value, in legal tender, at the time the ap¬
praisement is made."
On motion of Mr. Lott, both amendments were
ordered to lie on the table.
Mr. Newton, of Morehouse, moved to amend
the first section by striking out therefrom, in the
ninth line, the words " one-third over aud above
the value."
On motion of Mr. Mohan, Mr. Newton's amend¬
ment was ordered to lie on the table.
And the first section was adopted.
Sec. 2. Be it further enacted, etc., That if the
price offered by the highest and last bidder does
not reach the full amount of the appraisement
made on it according to the above standard, then
the property shall not be adjudged, and the sale
shall be postponed until the second Monday of
January, eighteen hundred and sixty-eight, and
returned to the defendant, the plaintiff paying cost
of execution and advertisement.
Mr. Burthe moved to strike out in the tenth line
the word " plaintiff'" and to insert in lieu thereof
the word "defendant."
On motion of Mr. Lott Mr. Burthe's amendment
was ordered to lie on the table.
And the second section was adopted.
The third section was read and adopted.
Sec. 4. Be it further enacted, etc., That this act
shall not apply to fiduciaries or defaulters of any
trust fund, nor to the laws for the collection of city,
parish, State, United States taxes, nor to moneys
due charitable institutions for rents or subscrip¬
tions, nor to special taxes for levee purposes ; nor
to forced or judicial sales of property of any kind
when the obligations upon which they issue have
been entered into since the first day of June, eigh¬
teen hundred and sixty-five.
On motion of Mr. Finney the fourth section was
amended by adding at the close thereof the follow¬
ing words, viz : " nor to actions for the price of
real estate sold or any part thereof."
On motion of Mr. Abney, the fourth section was
further amended by inserting, after the words
"trust fund," in the third line, the following words,
viz: ' 'nor the interest on the debts due to minors."
On motion of Mr. Lott, the fourth section was
adopted as amended.
Sec. 5. Be it further enacted, etc., That the
second clause of Art. 2168 of the Civil Code, which
reads thus : " The forced surrender is that which
is ordered at the instance of the creditors of the
debtor, or some of them, in cases provided for Jiy
law;" and all laws, and parts of laws conflicting
with this act be, and the same are, hereby suspen¬
ded until the second Monday in January, eighteen
hundred and sixty-eight.
On motion of Mr. Lott, the following was
adopted as a substitue for the fifth section:
Sec. 5. Be it further enacted, etc., That the in¬
solvent laws of the State, in so far as they relate
to the forced surrender of property, and all laws
and parts of laws conflicting with the provisions
of this act be and the same are hereby suspended,
until the second Monday in January, eighteen hun¬
dred and sixty-eight.
The sixth section was read and adopted.
Mr. Lott moved to adopt the bill at its second
reading, upon which motion Mr. Mohan called
for the yeas and nays. They were ordered, and
being taken, resulted as follows, to wit:
Yeas—Messrs. Anderson, Armstrong, Campbell,
Cooley, Gibson, Lott, Munday, Newton of Jackson,
Newton of Morehouse, Palfrey, Taylor, Welch and
Wilcoxon—13 Senators.
Nays—Messrs. Abney, Bell, Burthe, Duvignaud,
Ellis, Foute, Finney, Gordon, Hough, Kelso, Ken¬
ner, Lapeyre, Mohan and Purcell—14 Senators.
THE1 SENATE.
So the motion was not agreed to, and the hill
was laid on the table. *
Mr. Kenner moved to reconsider the vote pre¬
viously given on Senate bill entitled " an
act to amend articles 680 and 681 of the Code of
Practice," the reconsideration being granted, on
motion of the same Senator, the rules were sus¬
pended and the bill was taken up.
The first section being under consideration
On motion of Mr. Burthe, the first section was
amended by inserting in the thirty-eighth line, after
the words "after the passage of the act," the
following words, to wit: "Nor to debts due for
the price of real estate sold or any part thereof."
Mr. Gibson moved to further amend the first
section by striking out therefrom in the twenty-
sixth and twenty-seventh lines the words "for
whatever it will bring," and insert in lieu thereof,
the words "appraised value."
On motion of Mr. Finney, Mr. Gibson's amend¬
ment was ordered to lie on the table.
The second, third, fourth and fifth sections were
read and adopted seriatim.
On the adoption of the bill at its second read¬
ing, Mr. Bell call for the yeas and nays, they were
ordered and being taken resulted as follows, to
wit:
Yeas—Messrs. Abney, Anderson, Armstrong,
Bell, Burthe, Campbell, Cooley, Duvignaud, Ellis,
Finney, Gibson, Hough,.Kenner, Lapeyre, Mun-
day, Newton of Jackson, Nelson, Palfrey, Pur-
cell, Welch and Wilcoxon—20 yeas.
Nays—Messrs. Gordon, Lott, Mohan and New¬
ton of Morehouse—4 nays.
So the bill was adopted at its second reading.
On motion by Mr. Bell the rules were suspended
and this bill was taken up at its third reading,
when Mr. Mohan called for the yeas and nays—
they were ordered, and being taken, resulted as
follows, to-wit:
Yeas—Messrs. Abney, Anderson, Armstrong,
Bell, Campbell, Cooley, Duvignaud, Ellis, Finney,
Gibson, Hough, Kenner, papeyre, Munday, New¬
ton of Jackson, Nelson, Palfrey, Purcell and
Welch—19 yeas.
Nays—Messrs. Gordon, Lott, Mohan and New¬
ton of Morehouse—4 nays.
So the bill was adopted at its third reading, it
passed, and the Secretary was directed to request
the concurrence of the House therein.
On motion of Mr. Palfrey the rules were sus¬
pended and the Senate proceeded to the consider¬
ation of Senate bill entitled
an act to establish an internal improvement
bistrict j to provide for the election of
commissioners, and other officers therefor;
and to authorize the levying and collec¬
tion of taxes for internal improvements
therein.
Section 1. Be it enacted by (he Senate and
Souse of Representatives of the State of Lou¬
isiana in General Assembly convened, That
one Internal Improvement District is hereby crea¬
ted, whose territorial limits shall be as follows:
All that portion of this State known as the alluvial
lands of the Mississippi river, and embraced within
the following parishes, viz: Carroll, Madison, Ten¬
sas, Concordia, Point Coupee, West Baton Rouge,
Iberville, Ascension, Assumption, Lafourche,
Terrebonne, St. James, St. John the Baptist, St.
Charles, Orleans, St. Bernard, Plaquemines, Jef¬
ferson, and the alluvial portion of the parishes of
Catahoula, Franklin, Morehouse, Ouachita, Avoy¬
elles, St. Landry, St. Martin and St. Mary.
Mr. Palfrey moved to amend the first section by
inserting in the fifteenth line thereof, after the
word " portion," the following words: "Heretofore
subject to occasional overflow "
On motion of Mr. Bell, Mr. Palfrey's amendment
was ordered to lie on the table.
Mr. George W. Munday in the Chair.
Mr. Newton, ofMorehouse, moved to amend the
first section by substituting in the fifteenth line
thereof the words "and the lands protected by
levees" instead of the words " alluvial portion."
On motion of Mr. Gibson, Mr. Newton's amend¬
ment was ordered to lie on the table.
And the first section was adopted.
Sec. 2. Be it further enacted, etc., That there
shall be elected from each parish therein, one
Commissioner, who must be a resident of the par¬
ishes for which he is elected—white male citi¬
zens of the United States, over the age of twenty-
one years. And the said Commissioners, so elected,
shall form a Board of Commissioners, and one-
half of the whole number shall constitute a quorum
to do business; Provided, however, that in those
parishes partly alluvial land, no person shall have
the right to vote, or be a Commissioner, unless he
is owner of alluvial land in the parish where he of¬
fers to vote.
On motion of Mr. Gibson, the second section was
amended by striking out therefrom in the twelfth
line the word " land."
Mr. Palfrey moved to amend the second section
by striking out therefrom the word " alluvial."
and inserting in lieu thereof the following words,
vin : " heretofore subject to occasional overflow."
On motion of Mr. Gibson, Mr. Palfrey's amend¬
ment was ordered to lie on the table.
On motion of Mr. Kenner the second section
was amended by strking out therefrom in the
ninth line the words " one-half," and inserting
in lieu thereof the words "a majority."
And the second section was adopted as amended
The third, fourth, fifth, sixth, seventh, eighth,
ninth and tenth sections were read and adopted
seriatim.
Sec. 11, Be it further enacted, etc., That they
shall have power to adopt the contracts already
made by the Governor and Levee Commissoners,
64
JOURNAL OF
by him appointed, for the construction and re¬
pairs of the levees in their respective Districts.
And the said contracts, -when so adopted, shall be
considered as if originally made by said Board of
Commissioners. That the said Board of Com¬
missioners shall have power to make all rules and
regulations in relation to the size and location of
levees, for repairing and increasing of old levees,
and the manner of constructing and draining the
same, and all other necessary regulations properly
appertaining thereto, and do all other acts neces¬
sary to carry into effect the provisions of this act;
and the superintendence and direction of all said
works shall be vested in such Engineers as shall
be appointed by the Board.
On motion of Mr. Palfrey, the eleventh section
was amended by striking out therefrom, in the
second line, the word " they " and inserting, in lieu
thereof, the words "said Board of Commissioners."
And the eleventh section was adopted as
amended.
Sec. 12. B ? it further enacted, etc., That to de¬
fray the expe nses to be incurred under the provi¬
sions of this ict, including the pay of said Com¬
missioners ard other officers Of said Internal Im¬
provement D strict, and the works ordered to be
made and contracted for as aforesaid, and to pay
the interest cn the bonds issued, or to be issued,
by the Governor of this State, to provide the
means of paying for the making and repairing of
the levees ur der the contracts made by him, the
said Board of Commissioners shall be authorized
to lay on the alluvial lands, subject to taxation in
said District, an annual tax not to exceed fifteen
cents on every superficial acre, and on all proper¬
ty, real or personal, an ad valorem tax of not to
exceed half of one per cent.; and to levy a poll
tax on each male inhabitant of the alluvial land
in said District, over the age of twenty-one years,
of one dollar, payable annually; Provided, that
the tax to be collected in the year 1866 shall not
exceed an amount sufficient to meet the interest
upon the bonds to be issued in accordance with an
act entitled, etc., for the rebuilding and repairing
of levees.
Mr. Newton of Morehouse moved to amend the
twelfth section by striking out in the fourteenth
and fifteenth lines thereof the words "alluvial
lands," and by inserting in lieu thereof the follow¬
ing words, to-wit: " Overflowed lands."
On motion of Mr. Gibson, Mr. Newton's amend¬
ment was ordered to lie on the table.
Mr. Palfrej moved to amend the twelfth section
by inserting in the fifteenth line thereof, after the
word " lands," the following words, to-wit: "Here¬
tofore subject to occasional overflow."
On motion of Mr. Gibson, Mr. Palfrey's amend¬
ment was ordered to lie on the table, and the
twelfth section was.adopted.
Sec. 13. Be it further enacted, etc., That,.the
tax on l^hd levied by the Board of Commissioners,
by virtue of this act, shall be'a lien on the land on
which the same is chargeable, in the same man¬
ner and with the same effect as the lien established
by law on lands in the case of State taxes.
On motion of Mr. Gibson, the thirteenth section
was amended by striking out therefrom in the sec¬
ond line the word " land," and inserting in lieu
thereof the words "real estate and in the fourth
line to strike out the word " land," and insert in
in lieu thereof the word " property."
And the thirteenth section was adopted as
amended.
Sec. 14. Be it further enacted, etc., That the
said Board of Commissioners shall be authorized
to cause the said tax to be collected by the sher¬
iffs of the different parishes in which the lands so
taxed are situated, or by collectors appointed by
themselves; Provided, however, that said sheriff
or collector in each parish shall give bond, with
good and sufficient security, to be judged of by
the said Board, for the faithful performance of his
duties as collector of said tax, and for the prompt
and faithful payment of the same to the treasurer
of said Board.
On motion of Mr. Gibson, the fourteenth section
was amended by striking out threfrom, in the fifth
line, the word " lands," and inserting in lieu there¬
of the word " property," and in the same line to
strike out the word " are," and insert in lieu there¬
of the word " is."
And the fourteenth section was adopted as
amended.
The fifteenth, sixteenth, seventeenth, eighteenth,
nineteenth, twentieth, twenty-first, twenty-second,
twenty-third and twenty-fourth septions were read
and adopted seriatim.
Mr. Gibson offered the following as the twenty-
fifth section of the bill:
Sec. 25. Beit further enacted, etc., That until
the election and induction into office of the Com-,
missioners under this act, the Board of Levee Com¬
missioners provisionally appointed by the Governor
shall continue to act as heretofore, and the same
compensation shall be allowed and paid to those
provisionally in service as to those who are pro-.
vided for in this act.
On motion of Mr. Kenner, Mr. Gibson's addi¬
tional section was adopted as the twenty-fifth
section of the bill
And the twenty-fifth section was read and
adopted as the twenty-sixth section of the bill.
On motion of Mr. Palfrey, the rules were sus>
pended, this bill underwent its second and third
readings, it passed, and the Secretary was di¬
rected to request the concurrence of the House
therein.
THE SENATE.
message from the house.
Max Veil, Clerk of the House'of Rep-
reseritatitf^s; requested the signature of the Presi¬
dent of the Senate to the House enrolled hill en¬
titled "a^'adt to suspend the assessment and col¬
lection'of certain State taxes."
house joint resolution adopted on its second
reading.
Oh motion of Mr. Mohan, the rules were sus¬
pended and the Senate took up House preamble
aind joint resolution granting certain powers to the
joint committee on railroads, which underwent its
first reading and was taken into consideration.
Whereas, Mis Excellency, J. Madison Wells, in
hik,message, having stated to the General Assem¬
bly tfiat the railroads wherein the State is a large
stockholder are in a condition detrimental to the
interest of the State, and therefore requiring the
imjnediate attention of the General Assembly;
And whereas, The affairs of said roads requiring
careful inspection on the part of the joint com¬
mittee as well as much labor and time ;
And whereas, The extra session being on the
point of adjourning, so that it would be an impos¬
sibility to make, even a slight verbal report by.the
joint'committee before such adjournment";
And whereas, The State being interested to the
•amount of several millions of dollars in said rail-
ro&ds; Therefore, be it
Resolved by thq -Senate and House of Repre¬
sentatives in General Assembly convened, That
the joint committee of eight, on the part of the
House, and five "on the part of the Senate, or so
much of them as can net, be empowered to act
during the recess of the Legislature, for the pur¬
pose of thoroughly investigating the condition of
the railroads wherein the State is interested, in
order to report at the regular session on the third
Monddy of January, and that the committee be
empowered to hire an accountant at the expense
of the railroads.-
On motion by Mr. Finney, the joint' resolution
was amended by striking out at the close thereof,
the words "at the expense of the railroads."
And the preambles and joint resolution were
adopted at their second reading.
On motion' of Mr. Palfrey the rules were sus¬
pended and the Senate proceed to the considera¬
tion of Senate bill entitled an act to authorize the
Governor to issue the 'bodds of the State, for the
amount of one million of dollars, to defray the ex¬
penses of .building levees, in accordance with the
contracts made by him and the Levee Commis¬
sioners appointed for thg,t purpose :
Section 1. B& itenactedb'y the Senate and House
of Representatives of ike-State of Louisiana, in
General Assembly convened, That the Governor,
of this State is hereby, authorized to issue the
bonds of the State, to be signed by hiiji and coun-
• A 9
tersigned by the Secretary of State, and ?gated
with the seal of the State, in sums as lie
shall think proper, up to the amount of one mil¬
lion of dollars, payable in twenty years and bear¬
ing interest, payable semi-annually, at the rate of
eight per cent, per annum.
Mr. Gordon moved to amend the first section by
striking out in the twelfth line the word " eight"
and inserting in lieu thereof the word " six." '
Mr. Palfrey moved to lay Mr. Gordon's amend¬
ment on the table.
- Pending the consideration of which, on motion
of Mr. Gibson, the Senate adjourned until to-mor
row at 12 o'clock m.
OSCAR ARROYO,
Assistant Secretary of the Senate.
Tuesday. December 19, lSGff.
The Senate met pursuant to adjournment. '•
Present, the Hon. Albert Yoorhies, Lieutenant
Governor and President of the Senate, in the Chair;
Messrs. Abney, Armstrong, Anderson, Bell, Be-
rault, Rarrow, Bnrthe, Brownlee, Campbell,
Cooley, Duvignaud. Ellis, Foute, Finney, Gibson,
.Gordon, Hough, Kelso, Kenner, Lapeyre, Lett,
Mohan, Munday, Newton of Jackson, Newton of
Mo'rehonse, Nelson, Palfrey, Purcell, Taylor,
Welch and Wilcoxon—31 Senators.
The proceedings were opened ^with prayers
offered by the Rev. Mr. Palmer, of the First Pres¬
byterian Church.
The journal of yesterday was read and ap¬
proved.
message to the house.
. The Senate requested the concurrence of the
House in Senate bills of the following titles, to-
wit:
An act to amend articles 680 and 981 of the
Code of Practice.
An act to establish an Internal Improvement
District, to provide for the election of Commis¬
sioners and other officers therefor, and to author¬
ize the levying and collection of taxes for inter¬
nal improvements.
That the President of the Senate had signed
House enrolled bill, entitled " an act to suspend
the assessment and collection of taxes."
And he requested the" signature of the Speaker
.of- the House in Senate enrolled bill, entitled " an
act to provide for the punishment of persons for
tampering with, persuading or enticing away, har¬
boring, feeding or secreting laborers, servants or
apprenticed"
message from the house.
Mr. E. W. Halsey, Assistant Clerk of the House
of Representatives, informed the Senate that the
House had'ebneurred in Senate bills entitled
- An act to authorize the Auditor of Public Ac -
counts to employ an" additional Clgrk in his
office.
66
JOURNAL OF
And an act making an appropriation for the ex¬
penses of the State Land Office for the fiscal year
ending the 31st of December, 1865.
That the House had concurred, with amend¬
ment, in the following entitled Senate bills,
viz.:
An act tixiugthe day of meeting of the General
Assembly.
An act extending the time for bringing up ap¬
peals in certain cases, to the Supreme Court, from
the District Courts, outside of the parish of
Orleans.
And an act to create a homestead exemption. -
He also informed the Senate that the Speaker of
the House had signed Senate enrolled bill en¬
titled-" an act to provide for the punishment of
persons ft>r tampering with, persuading or enticing
away, harbpring, feeding or secreting laborers,
servants and apprentices," which bill received the
signature of the President of the Senate and was
by Mr. Abney, on behalf of "the Committee of
lOnrolled Bills, submitted to' his Excellency, the
Governor, for his approval and Signature.
By the same message the concurrence of the
Senate was requested in House joint resolution
directing the State Engineer to make a silrvey and
examination of the canal, shell road and other
works belonging to the Canal and Banking
Company.
unfinished business.
The Senate resumed the consideration of the un¬
finished business of yesterday, being Senate bill
entitled " an act to authorize the Governor to issue
the bonds of the State for the amount of one million
of dollars, to defray the expenses of building the'
levees in accordance with the contracts made by
him and the levee commissioners. The first section
being under consideration,
On motion of Mr. Gibson the first section was
amended by striking out in the eleventh line, the
word "semi."
And the first section was adopted as amended.
The second section was read and adopted.
Sec. 3. Be it further enacted, etc., That to
secure the payment of the said bonds,> and all in
terest that may accrue thereon, all the proceeds of
the sale of the] public or swamp lauds belonging
to the State, within the internal improvement dis¬
tricts, established by law, are hereby pledged; and,
also, all taxes levied by the Board of Commission¬
ers of the several improvement districts, by vir¬
tue of the act authorizing the levying of said taxes.
On motion of Mr. Welch, the third section was
amended by striking out therefrom, in the ninth
and tenth lines, the words " several improvement
districts," and inserting in lieu thereof, to-wit:
" improvement district."
And the third section was adopted as amended.
On motion by Mr. Palfrey, the rules were sus'
pended, this bill underwent its second and third
readings; it passed, and the Secretary watf di¬
rected to request the concurrence of the Houst ■.
therein.
reports of standing COMMITTEES.
Mr. Campbell, from the Committee on Publie
Education, submitted the following report: ;
The Committee on Public Education beg leave
to report that the organization of the public schools
throughoutthe State, both for the white and the '
colored children, is a work of such magnitude that
your committee is not and could not be ready/to
report a plan of organization at this extra session.
Your committee has had under consideration
that part of the message of His Excellency, Gov¬
ernor Wells, recommending that "all taxee for
educational purposes levied upon colored people
be applied to the education of colored children
exclusively."
Your committee beg leave to state, that it ap¬
pears to them advisable to delay for the present
the adoption of this measure, until a general sys¬
tem of education is adopted throughout the State.
Kespectfully,
: . WM. CAMPBELL,
' * Chairman Senale Committee on Public Education. s
On motion of Mr. Anderson the above report'
was adopted. * . '
Mr. Gordon, from the Committee on "Finance, to
whom was referred Senate bill entitled ""an ast
relative to State taxes for th'e* years 1861,1865, -
1863 and 1864," submitted a favorable report.
On motion of the same Senator, the rules were
suspended, and the Senate proceeded to the con¬
sideration of said bill, pending which, on motion
of Mr. Palfrey, this hill was ordered to be re-com¬
mitted to the Committee on Finance.
report of a SELECT COMMITTEE. .
Mr. Gordon, from the majority of the select
committee composed of the Senatorial delegation
of the city of New Orleans, to whom was referred
House joint resolution entitled "joint resolution
ordering an election for municipal officers for the
city of New Orleans," submitted a favorable
report.
And the same Senator moved to suspend the
rules in order to take up this bill at its second
reading. *
Two-thirds of the Senators present not voting
in the affirmative, Mr. Gordon's motion was net'
agreed to.
house amendment to senate BILL "CONCI£RKED IN.
On motion, of Mr. Ellis the rules were suspended
and the Senate proceeded to the consideration of
House amendment to Senate bill bntitled an aet
extending the time for bringing up appeals, fn
qertain cases, to the Supreme Court, from the Dis¬
trict Courts outside of the parish of Orleans.
The amendment of the House being to strike
out, in the fifth line of the first section, the words
THE SENATE.
" the parish of Orleans excepted," and to • strike
out in the title of said bill the words " outside of
the parish of Orleans."
On motion of the same Senator the House
amendments werfe concurred in, and the Secretary
was directed to inform the House thereof.
return of a bill.
On motion of Mr. Gibson the Secretary was di¬
rected to request the return from the House of
Representatives of Senate bill entitled an act to
amend articles six hundred and eighty and six
hundred find eighty-one of the Code of Practice.
house bills concurred in.
On motion of Mr. Kenner the rules were sus¬
pended and'the Senate proceeded to the consider¬
ation of House resolution appointing a joint
•ommittee to select from the calendar bills of
public interest, for the consideratipn of the Gen¬
eral Assembly, which underwent its several read¬
ings, the blank therein was filled with the word
"three," and it was concurred in.
Whereupon the President appointed Messrs.
Kenner, Munday and Newton of Morehouse, the,
committee on the part of the Senate. •
And the Secretary was directed to -inform »the
House thereof.
On motion of Mr. Burthe, the rules were sus¬
pended and the Senate proceeded to the considera¬
tion of House bill entitled an act to establish an
•lection precinct, at Kennerville, in the parish of
Jefferson, which underwent its several readings, and
It was concurred in.
And the Secretary was directed to inform the
House thereof.
senate bill passed.
On motion of Mr. Abney, the rules were sus¬
pended and the Senate proceeded to the considera¬
tion of Senate bill, entitled an act providing for
the compensation of the clerical business of the
General Assembly, when Mr. Mohan offered the
following entitled bill as a substitute, an act fixing
the compensation and providing for the payment
of the officers and employees of the General As¬
sembly, which was passed to a second reading,
and was taken into consideration.
Section 1. Beitenacted by the Senate andHouse
of Representatives of the State of Louisiana in
Gtneral Assembly convened, That the Secretary
of the Senate and Clerk* of the House shall each
receive the sum of two thousand dollars per an¬
num, payable one-half during the session of the
General Assembly, and the other half at the com¬
pletion of their labor, upon their own warrant on
the Auditor of Public Accounts.
On the adoption of the first section, Mr. Munday
called ,for the yeas and nay's. They were ordered,
and being taken, resulted as follows, to wit:
Teas—Messrs. Anderson, Barrow, Bell, Berault,
Bar the, Brewnlee, Campbell, Duvignaud, Ellis,
Foute, Finney, Gibson, Gordon, Kenner, Lapeyre,
Mohan, Nelson, Palfrey, Purcell, Taylor and Wil-
coxon—21 Senators.
Nays—Messrs. Abney, Armstroug, Hough, Mon¬
day, Newton of Jackson, Newton of Morehouse,
and Welch—7 Senators.
So the first section was adopted.
The second and third sections were read and-
adopted.
Sec. 4. Be it further enacted, etc., That the
Assistant Sergeant-at-Arms of the Senate and the
Assistant Sergeant-at-Arms of the House, Door-
Keeper, Postmaster and Warrant Clerks, shall each
receive the sum of eight dollars per diem during
the session. The chief Enrolling Clerk shall re¬
ceive the sum of "eight dollars per diem during the
session. Each Enrolling Clerk shall receive the
sum of six dollars per diem, and each Page shall
receive the sum of three dollars per diem during
the session, payable upon the warrant of the War-
rent Clerk, approved by the chairman of the
Committee on Contingent Expenses.
■ On motion of Mr. Munday, the fourth section
was amended by ipserting in the ninth line thereof
after the words " Enrolling Clerks" the words
*" and Messengers."
And the fourth section was adopted as amended.
Sec. 5. Be it further enacted, etc., That should
it be deemed necessary to appoint a second Assis¬
tant Secretary of the Senate, or of the House,
they shall each receive for such services the sum
of ten dollars per diem during the session, paya¬
ble upon the warrant of the Warraht Clerk, coun¬
tersigned by the chairman of the Committee ou
Contingent Expenses.
On motion of Mr. Taylor, the fifth section was
stricken out.
Mr. Abney offered the following as a substitute
for the fifth .section:
Be itfurtjier enacted, etc., That the Committee
on Enrolled Bills of each House shall appoint such
number of clerks as may be necessary for tiie
transaction of business, and such clerks shall re¬
ceive a per diem of dollars, payable on the
warrant of the Secretary of the Senate, or the
Clerk of the House of Representativas, as the case
may be, countersigned by the chairman of the
Committee on Enrolled Bills of the House wherein
such clerk may be employed. The Secretary of
the Senate or Clerk of the House of Representa¬
tives shall have exclusive control of the clerks of
their respective Houses ; such clerks shall be dis
charged on the report of the Secretary of the Sen¬
ate or the Clerk of the House of Representatives
to their respective Houses.
, Mr. Bell moved to fill the blank in Mr. Abney's
substitute with the word " eight;" which motion
did not prevail.
On motion of Mr. Mohan, the blank was filled
with the word "six;" and Mr. Abney's substitute,
68
JOURNAL OR
as amended by Mr. Mohan, was adopted as the
sixth section of the bill.
The sixth, seventh, eighth and ninth sections
were read and adopted as the seventh, eighth,
ninth and tenth sections of the bill.
On motion of Mr. Mohan, the rules were sus¬
pended, this bill underwent its second and third
readings; it passed, and the Secretary was di¬
rected to request the concurrence of the House
therein.
On motion of Mr. Duvignaud, the rules were
suspended and the Senate proceeded to the con¬
sideration of Senate bill, entitled . •
act relative to respites.
Section 1. Be it enacted by 'the Senate and
House of Representatives of the State of Louisi¬
ana in General Assembly convened, That any
debtor may, within one year from and after the
passage of this act, present a petition to a District
Court having general jurisdiction within the parish
of said debtor's domicile, setting forth:
1st;, A statement of losses .incurred by said
debtor, and showing that his affairs have been de-.
ranged in consequence of said losses, so that,
though unable to make immediate payments, there
is, nevertheless, a reasonable probability of his be¬
ing able, within three.years, to recover from pres¬
ent embarrassment, and pay such of his creditors
as will not consent to a longer term.
2d.' A tableau or schedule of all his debts and liabil¬
ities, and all his property, moveable and immova¬
ble, including notes, obligations and accounts due
him, and all his other assets, without any excep¬
tion whatever.
3d.. A prayer that his creditors be called, by
public advertisement, to show cause why a forced
respite, not exceeding three years, should not be
granted him for the payment of his debts; and,
4th. His affidavit, declaring that the facts set
forth in his petition and schedule are true, and
that he has not knowingly "omitted any property,
assets, or right of action, debt, or liability from
his schedule.
Sec. 2. Be it further" enacted, etc., That upon
the filing of said petition, all legal proceedings
against the said debtor shall be stayed until the
Court shall give notice, by public advertisement,
to all creditors and persons interested, that a pe-
tion and schedule hijs been filed by the debtor, as
permitted by the act, and that all said creditors
and persons are required to show cause, within
thirty days from the first publication, why a re¬
spite should not be granted; and said advertise--
ment shall be published in the manlier required by
the laws relative to judicial advertisements, inso¬
much as they are applicable to the parish petition¬
er's domicile.
Sec. 3. Beit further enacted, etc., That any
creditor or person interested may, within the de¬
lay granted according to the public advertisement,
file either a consent or an opposition to the- re¬
spite.
Sec. 4. Be it further enacted, etc., That should
no opposition be made within the time allowed,
the judge shall, either at chambers or in open
court, examine the petitioner's allegations and'
proceediffgs, and, if he deems it necessary, require
further showing or proof; and, if he be satisfied
that the petitioner has really suffered losses, is un¬
able to pay his debts immediately without ruinous
sacrifice, and that there is reasonable probability
of his being able, within three yearfj, to pay such
of his creditors as have not consented to grant a
longer delay, then the judge shall give judgment,
granting to the petitioner time or respite to pay
his debts, either by instalments, or altogether, at
such future date, not exceeding three years from
the institution of proceedings, as, in his discretion,
may be determined and fixed, and shall further
decree thatinthe meantime all proceedings against
persons and property shall be stayed.
Sec. 5. Be it further enacted, etc., That should
any oppositionhe made by any parties interested
in objecting to the respite, the judge shall, on mo¬
tion, fix time to hear the case, ten days' notice
whereof shall be given to the adverse parties,
either in term time .or during vacation, and shall,
after hearing the parties and their evidences, give
such judgment as the fourth section of this act
doth authorize, or may refuse the respite entirely,
or may grant the same upon such reasonable con¬
ditions, and may require such security as may be
necessary to protect the creditors from any bad
faith or danger of dilapidation or waste on the
part of the debtor, and the judge granting such
respite may at any time thereafter, upon motion
by any creditor, and due proof contradictorily
with the debtor, order such security as the proof
may justify.
Sec. 6. Beit further enacted, etc., That at any
time during the preliminary stay of proceedings,
or during the term of the respite, if there should
be good cause to apprehend that the debtoris
about to injure or defraud his creditors by
any simulated conveyance or concealment,
or waste, or by any other act, or has in fact
already committed any act or entered into any
contracts in fraud of his.qreditors, the judge, upon
the petition and affidavit of any creditor, setting
forth the grounds of such apprehensions, or the
actual facts injurious to or in fraud of the creditor's
right and the execution of a bond, with approved
personal security, conditioned for the payment of
such damages as may be decreed in favor of the
debtor in case the provisional seizure is wrong¬
fully sued out, shall order, and the sheriff shall
execute, a provisional seizure of the debtor's
property, but the judge may summarily, after
hearing the parties and the evidences in court or
THE SENATE.
69
in chamber^, should he find the complaint un¬
founded, set the seizure aside, and shall, in the
same judgment, award such damages as the debtor
may have suffered by wrongful seizure against the
plaintiff and his surety, in solido.
Sec. 7. Be it further-enacted, etc., That in cases
coming within this act, the consent of the cred¬
itors shall not be necessary to the granting of the
respite, but the judge may grant the same in all
cases coming within the provisions of the first,
iecond and fourth sections of this act.
Sec. 8. jBe it further enacted, etc., That credit¬
ors who may acquire privileges on crops and other
property, or-'those having the vendor's privilege,
or minors or interdicted persons shall not be com¬
pelled to, delay or stay their demands oV actions by
virtue of this act, or any proceeeings under the
same} but all other creditors, whether by general
or special mortgage, or otherwise, shall be bound
by the proceedings had and judgment rendered in
conformity therewith.
Sec. 9. Be it further enacted, etc., That the
Court,granting the respite may enforce the same
by injunction against any creditor or other person,
wherever he may reside, or in whatever Court of
this State he may sue or proceed in violation of
the terms of respite.
Sec. 10. Be it further enacted, etc., That should
the debtor violate any of the conditions of the
respite, or do any act, or enter into any contract
in fraud of his creditors, *or( become hopelessly
involved during the term of his respite, any credi¬
tor may proceed in a summary manner to cause
him to appear before the Judge in open Court or
at Chambers; and should it appear upon examina¬
tion, that, in fact, such violation, fraud or insol¬
vency has happened, the proceedings shall be
taken and held as cession of goods, and shall be
proceeded as if a cession of property had been
made in the first instance.
Sec. 11. Be it further enacted, etc., That all
laws, or parts of laws contrary to the provisions
' of this act, be, and the same are hereby repealed.
Sec. 12. Be it further enacted, etc., That this
act shall take effect from and after its passage.
Mr. Mohan moved to lay the bill on the table,
and upon that motion, Mr. Duvignaud called for
the yeas and nays ; they were ordered, and being
taken, resulted as follows^ to-wit:
feas—Messrs. Abney,* Bell, Brownlee, Foute,
Finney, Hough, Lapeyre, Mohan, Newton of More¬
house and Purcell—10 Senators.
Nays—Messrs. Anderson, Armstrong, Barrow,
Campbell, Cooley, Duvignaud, Ellis, Gibson,
Kenner, Munday, Newton of Jackson, Nelson, Pal¬
frey, Taylor, Welch and Wilcoxon—16 Senators.
So the Senate refused to lay the bill on the
tairie.
JS?r. Duvignaud moved the adoption of the,bill at
its second reading, 'and, upon that mixtion, Mr.
Finney called for the yeas and nays; thejy were
ordered, and being taken, resulted as follows, to-
wit:
Yeas—Messrs. Anderson, Armstrong, Barrow,
Campbell, Cooley, Duvignaud, Ellis, Gibson, Ken¬
ner, Munday, Newton of Morehouse, Nelson, Pal¬
frey, Taylor, Welch and Wilcoxon—16 Senators.
Nays—Messrs. Abney, Bell, Brownlee, Foute,
Finney, Hough, Lapeyre, Mohan, Newton of
Morehouse and Purcell—10 Senators.
So the bill passed its second reading and was
ordered to a third reading on to-morrow.
Mr. Duvignaud moved to adjourn, and upon
that motion, Mr. Mohan called for the yeas and
nay£. They were ordered, and being taken,
resulted as follows, t'o-wit:
Yeas—Messrs. Anderson, Campbell, Duvignaud,
Finney, Gordon, Hough, Kelso, Kenner, Lapeyre,
Munday, Newton of Jackson, Newton of More¬
house, Palfrey and Wilcoxon—14 Senators. -
Nays—Messrs. Armstrong, Barrow, Cooley,
Ellis, Foute, Gibson, Lott, Mohan, Nelson, Purcell'
Taylor and Welch—12 Senators.
So Mr. Duvignaud's motion prevailed, and .the
Senate adjourned until to-morrow at 12 o'clock m.
HENRY B. KELLY,
. Secretary of the Senate.
Wednesday, December 20th, 1865.
The Senate met pursuant to adjournment.
Present, the Hon. Albert Yoorhies, Lieutenant-
Governor, and President of the Senate; Messrs.
Anderson, Armstrong, Bell, Barrow, Burthe,
Brownlee, Coco, Campbell, Cooley, Duvignaud,
Ellis, Foute, Finney, Gibson, Gordon, Hough, Ka-
vanaugh, Kenner, Lapeyre, Lott, Mohan, Munday,
Newton of Morehouse, Nelson, Palfrey, Purcell,
Taylor, Welch and Wilcoxon—29 Senators.
The proceedings were opened with prayers,
offered by the Rev. Father Moynihan, of the
Roman Catholic' Church.
The journal of yesterday was read and approved.
qualification of a senator.
On motion of Mr. Munday, the oath of office was
administered by the President to Mr. Chas. Brusle,
Senator elect from the District composed of the
parish of Iberville, and having qualified, he took
his seat.
leave of absence.
On motion of Mr. Hough, leave of absence wis
granted to Mr. A. A. Abney, Senator from the
parishes of Bossier, Bienville, Claiborne and Winn,
for the balance of the session.
On motion of Mr. Taylor, lpave of absence was
granted to Mr. R. L, Armstrong, Senator from
Natchitoches, Sabine, Caddo and DeSoto for the
balance of the session..
On motion of Mr. Burthe, an extension of leave
of absenoe was granted to Mr. St. M. Berault.
70
JOURNAL OR
Senator from St. James and St. John the Baptiste,
on account of sickness.
COMMUNICATION.
The President submitted to the Senate the fol¬
lowing communication, viz:
New Orleans, Dec. 21,1865.
Hon. A. Voorhies, President of the Senate:
Sir—Constrained by circumstances that leave
me no choice, I hereby resign my seatin the Senate,
to take effect at the close of the present session.
To yourself and the Senate, collectively and in¬
dividually, I render my cordial thanks for the uni¬
form courtesy and kindness extended to me.
With the best wishes for the welfare and happi¬
ness of yourself and Senators, I remain, very re-
pectfully, your obedient servant,
JOHN FINNEY.
On motion of Mr. Hough, the above resignation
was accepted.
MESSAGE TO THE HOUSE.
The Secretary requested the concurrence of the
House in Senate bill entitled "an act fixing the
compensation and providing for the payment of
officers and employes of the General Assembly."
And he requested the signature of the Speaker
of the House to Senate enroled bill entitled "an
act to authorize the Auditor of Public Accounts to
employ an additional clerk in his office.
MDSSAGE FROM THE HOUSE.
Mr. E. W. Halsey, Assistant Clerk of the House
of Representatives, requested the concurrence of
the Senate in House bills of the following titles,
viz.:
An act making appropriations for deficiencies
for the years 1862,1863,1864 and 1865.
Joint resolutions appropriating $il,750 for char¬
itable purposes.
An act authorizing the Governor to contract
with the Mechanics' Institute.
Resolution for the adjournment of the General
Assembly, and
Resolution relative to adjournment.
He returned to the Senate, in compliance with
its request, Senate bill entitled "an act to amend
Articles 680 and 681 of the Code of Practice."
He informed the Senate of the concurrence by
the House of Senate bill entitled an act for the
relief of E. L. Jewell.
He also informed the Senate that the Speaker of
the "House had signed Senate enrolled bill enti¬
tled
An act to authorize the Auditor of Public
Accounts to employ an additional (clerk in his
office;
Which thereupon received the signature of the
President of the Senate, and -tfas by Mr. Ellis, on
behalf of the Committee on Enrolled Bills, sub-'
mitted to his Excellency the Governor for his ap¬
proval and signature.
By the same message, the signature of the Pres¬
ident of the Senate was requested to.House en¬
rolled bill entitled
An act to establish an election precinet in Ken-
nerville, parish of Jefferson;
Which bill received the signature of the Pres¬
ident of the Senate, and Was, by the Secretary,
returned to the House of Representatives. .
REPORT OF ENROLLED BILLS.
Mr. Ellis, on behalf of the Committee on En¬
rolled Bills, reported as correctly enrolled Senate
bill entitled
An act for the relief of E. L. Jewell.
An act extending the time for bringing up ap¬
peals, in certain cases, to the Supreme Court, from
the District Court; and
An act making compensation for the expenses
of the State Land Office for the fiscal year ending
the 31st of December, 1865.
BILL INTRODUCED WITHOUT NOTICE AND REFERRED.
Mr. Taylor, without previous notice, and with a
suspension of the rules first granted, asked and
obtained leave to introduce a bill entitled an act
for the relief of Ahe Baton Rouge, Grosse Tete and
Opelousas Railroad Company, which underwent its
first and second readings by its title, and, on mo¬
tion of Mr. Gordon, the same was ordered to be re¬
ferred to the Committee on Finance.
REPORTS FROM STANDING COMMITTEES.
Mr. Wilcoxon, from' the Committee on Contin¬
gent Expenses, submitted the following bill of
items of the contingent expenses of the Senate for
the present extra session, with the accompanying
resolution, to-wit:
CONTINGENT EXPENSES—EXTRA SESSION, 1865.
No. 9.—ToPaulinDurel,for stationery.. .$ 130 SO
10.—To C. W. Grand Jean, for tables
and carpenter's work .'. 208 70
12.—To C. C. Sampson, for furniture.. 130 00
13.—To Bloomfield & Steel, for sta¬
tionery 1.218 35
14.^-To East Feliciana Democrat 3 00
15.—To editor Southern Star 63 60
16.—To editor Times 40 50
17.—To editor of Tribune 90
18.—To True Delta . ...'. 9 90
• 19.—To N. O. Bee 37 00
20.—-To N. O. Picayune... 96 00
21.—To Civic Guard, 1 copy at $2 3 00
22.—To Iberville South, 1 copy at $2.. 2 00
23.-—To Louisiana Democrat, 3 copies
at $2 0 00
24.—To Messenger, 1 copy at $2 2 00
25.—To Baton Rouge Advocate, 2
copies at $2 ... 4 00
26.—To The Bouasolle, 1 copy at $2.. 2 00
27.—To The Drapeau, ,1 copy at $2... 2 00
28.—To J. L. Warner k fo., for Is*... 18 60
THE SENATE.
T1
contingent expenses—(Continued.)
29.—To Parish Childress, for hire of
boy Ros 12 days at $2 24 00.
30.—To Sandy Rhodes, hire during
session 52 00
31.—To Williamson Smith, for 10bar¬
rels coal at $2 20 00
Total amount $2,027 85
Resolved, That the sum of two thousand and
twenty-seven dollars and eighty-five cents, be and'
the same is hereby appropriated out of the con-
fiugent fund of the Senate, to pay the foregoing
seeounts, numbered from Nine (9) to Thirty-one
(31) inclusive, excepting Bill No. Eleven (11.)
On motion of Mr. Anderson, the above report
and resolution were adopted.
HOUSE BILLS CONCURRED IN.
On motion of Mr. Nelson, the rules were sus¬
pended and the Senate took up, out of its order,
House bill entitled "an act amending an act en¬
titled an act supplementary to the acts incorpora¬
ting the town of Thibodaux, approved May 29th,
1846," which ^underwent its several readings, it
was concurred in and the Secretary was directed to
inform the House thereof.
. On motion of Mr. Gordon, the rules were sus¬
pended and the Senate took up, out of its order,
House "joint resolution for an adjournment of
the General Assembly," which underwent its seve-
real readings and it was concurred in.
Qn motion of Mr. Mohan, the rules were sus¬
pended and the Senate took up, out of its order,
House "joint resolution appropriating $11,750 for
charitable institutions," which underwent its seve¬
ral readings and it was concurred in.
EXECUTIVE SESSION.
On motion of Mr. Munday, the Senate pro¬
ceeded, at closed doors, to the consideration of
Executive session, and after some time therein
spent, the doors were reopened.
HOUSE AMENDMENT CONCURRED IN BY THE SENATE.
Mr. Hough moved to spspend the rules in order
to take into consideration House amendment to
Senate bill entitled an act to create a homestead
fexemption.
Mr. Mohan objected, and called for the yeas and
nays, they were ordered and being taken resulted
as follows, to-wit:
Yeas—Messrs. Anderson, Armstrong,Bell,Barrow,
Bnrthe, Brusle, Coco, Campbell, Cooley, Duvig-
naud, Ellis, Foute, Finney, ' Gordon, Hough,
KavanAugh, Kenner, Lott, Lapeyre, Munday,
Newton of Morehouse, Nelson, Palfrey, Purcell,
Taylor, Welch and Wilcoxon—27 Senators. ^
Nays—Messrs. Brownlee and Mohan—2 Sen¬
ators.
So two-thirds of the Senators present voting in
the affirmative the rules were suspended and the
bill was taken up.
The first amendment of the House to the first
section being to strike out the word " forty " in
the seventh ling, and to insert in lieu thereof the
following words " one hundred and sixty."
On motion of Mr. Hough the Senate concurred
in said amendment.
The second amendment of the House to the first
section being to strike out in the proviso thereof
the words, " one thousand dollars " and insert in
lieu thereof the words " two thousand dollars,"
Mr. Hough moved to concur in said amend¬
ment, and upon that motion Mr. Mohan called for
the yeas and nays. They were ordered, and being
taken, resulted as follows, viz: .
Yeas—Messrs. Anderson, Barrow, Brusle, Coco,
Campbell, Ellis, Kavanaugh, Lott, Munday, New¬
ton of Morehouse, Nelson, Purcell, Taylor and
Welch—14 Senators.
Nays—Messrs. Armstrong, Burthe, Brownlee,
Cooley, Duvignaud, J?inney, Gordon, Hough, Ken¬
ner, Lapeyre, Mohan and Wilcoxon—12 Senators.
So the Senate concurred in said amendment.
The first amendment of the House to the second
section being to strike out therefrom all after the
word " that," in the first line, down to the word
" no," in the tenth line,
On motion of Mr. Hough, the said amendment
was concurred in.
The second amendment of the House to the sec¬
ond section being to strike out the words " money
thereof," at the close of the section, and to insert
in lieu thereof the following words, viz: "price of
said exempted property, nor for money due . for
rents bearing a privilege on said property under
existing laws,"
On motion of Mr! Munday, the Senate concurred
in said amendment.
The amendment of the House to the third sec¬
tion being to strike out at the close thereof the
following words, to-wit: "and all laws conflicting
herewith, be and the same are hereby repealed,"
On motion of Mr. Munday, the Senate concur¬
red in said amendment. ,
The amendment of (he House to the title being
to substitute therefor the following, to-wit:
An act to exempt from seizure and sale a home¬
stead and other property.
On motion of Mr. Munday, the Senate concurred
in said amendment and the Secretary notified the
House thereof.
REPORTS FROM SELECT COMMITTEES.
Mr. Kenner from th'e select joint committee of
both Houses, appointed to select from the calen¬
dar, bills of public interest for the consideration
of the Generai Assembly, reported the following
-entitled bills:
72
journal of
SENATE CALENDAR—FIRST READINGS. '
An "act to extend relief to the Louisiana soldiers
who have been wounded or disabled, and are in
necessitous circumstances and to the wives and
orphans of Louisiana soldiers.
Joint resolution adopting the constitutional
amendment. •
An act to amend an act entitled an act to incor¬
porate the Ouachita Female Academy in the town
of Monroe, parish of Ouachita and for other pur¬
poses.
Joint resolutions directing the State Engineer to
make a survey and examination of the canal,
shell road and other works belonging to the Canal
and Banking Company.
SECOND READINGS.
An act to create a homestead.
An act fixing the day of meeting of the General
Assembly.
An act to amend articles 680 and 681 of the
Code of Practice*.
An act providing for the liquidation of certain
banks.
HOpSE CALENDAR—FIRST READINGS.
An act Suspending the sale of swamp and over¬
flowed lands.
An act to authorize the Governor to issue the
bonds of the State for the amount of one million
of dollars, to defray the expenses of building
levees, in accordance with contracts made by
him and the levee commisioners appointed for that
purpose.
An act to organize the militia of the State.
An act in relation to the State Penitentiary.
An act for the relief of E. L. Jewell.
An act to punish any person or persons who
shall encourage or excite an insurrection or revolt
in this State, and
An act for the relief of the Baton Rouge, Grosse
Tete and Opelousas Railroad Company. >
SECOND READINGS.
An act to provide for the collection of certain
taxes.
An act to extend the limits of the corporation of
Donaldson.
Joint resolution proposing that a special joint
committee be appointed to revise the penal
statutes of the State .of Louisiana, and to suggest
amendments and additions thereto, with authority
to appoint a clerk, and to sit during the recess of
the General Assembly.
An act to repeal an act amending article 2653
of the Civil Code.
And an act entitled an act to amend the first
section of an act relative to forced surrenders and
he mode of making them.
Mr. Gordon, from the select joint committee, of
both Houses, appointed to select a site for the
State House, submitted the following report: [
The special joint committee, to whom was re¬
ferred that part of the Governor's message which
relates to a site for a State House, have the honor
to report progress, and ask leave to sit during the
interval between the sessions of the General As¬
sembly jaud advertise for proposals, without allow¬
ance for per diem for members.
(Signed) W. ALEX. GORDON,
Chairman Senate Committee.
On motion, the above report was adopted.
RECONSIDERATION.
Mr. Finney gave notice that he will move a re¬
consideration of the vote given on this day, on the
concurrence by the Senate in House amendment
to the title of Senate bill entitled an act to create
a homestead exemption.
Mr. Munday, on behalf of Mr. Gibson, and in
pursuance to notice by him previously given,
moved to reconsider the vote given on the final
passage of the bill entitled an act to amend articles
680 and 681 of the Code of Practice, and the
Senate refused to rcconside the same.
ORDERS OF THE DAT—HOUSE MESSAGE, FIRST READ.
INGS.
Resolution appointing a joint committee to in¬
quire into secret political organizations.
On motion of Mr. Munday, the same was ordered
to lie on the table.
An act for the relief of H. Cassidy, of the city
of New Orleans.
On motion of Mr. Kenner, the rules were sup-,
pended, this bill underwent its first and second
readings, by its title, and it was ordered to^be
referred to the Committed on Claims.
Joint resolutions relative to there-establishment
of postolfices and postal routes throughout the
State.
On motion of Mr. Kenner, the same was ordered
to lie on the table.
An act establishing and defining the status of
the former slaves of Louisiana, now known as
freedmen.
Which bill underwent its first reading, and was
ordered to a second reading on to-morrow.
An act fixing the compensation and providing
for the payment of the officers, clerks and em¬
ployes of the General Assembly.
Which bill underwent its first reading, and was.
ordered to a second reading on to-morrow.
Joint resolution relative to the founding of a
Soldiers' Home for the State of Louisiana.
Which underwent its first reading and was,
ordered to a second reading on to-morrow. , ^
An act to extend relief to Louisiana soldiers wjjo
have been wounded or disabled, and are in neces¬
sitous circumstances, and to the indigent widows-
and orphans of Louisiana soldiers.
Which bill underwent its first reading and w;asf
ordered to a second reading on to-morrow.
THE SENATE.
Joint resolution adopting the constitutional
amendment.
Which underwent its first reading and was or¬
dered to a second reading on to-morrow.
An act to amend ah act.entitled an act to incor¬
porate the Ouachita Female Academy, in the town
of Monroe, parish of Ouachita and for other pur¬
poses. ' <
On motion of Mr. Newton, of Morehouse, the
rules were suspended, this bill underwent its seve¬
ral readings, and it was concurred in.
Joint resolution directing the State Engineer to
make a survey and examination of the canal, shell
road and other works belonging to the Canal and
Banking Company.
On motion of Mr. Kenner, the rules were sus¬
pended, this joint resolution underwent its several
readings, and it was concurred in.
third readings.
An act relative to respite. The original bill and
amendment to.
Mr. Bell offered the whole bill, with a proviso to
the effect that the bill would take effect only in the
month of March, A. D. 1867.
And the President ruled Mr. Bell's substitute
out of order, on the ground that, being an amend¬
ment on the third reading, it was in conflict with
rule forty-two of the Senate.
Mr. Mohan moved to lay the bill on the table,
and upon that motion Mr. Bell called for the yeas
and nays ; they were ordered, and being taken,
resulted as follows, to-wit:
Yeas—Messrs. Bell, Burthe, Brownlee, Foute,
Finney, Hough, Kavanaugh, Lapeyre, Mohan and
Purcell—10 Senators.
Nays—Messrs. Anderson, Armstrong, Barrow,
Brusle, Campbell, Duvignaud, Ellis, Kenner, Mun-
day, Nelson, Taylor, Welch and Wilcoxon—13
Senators.
So the Senate refused to lay the bill on the table.
Mr Mohan moved to recommit the bill.
On motion of Mr. Anderson, Mr. Mohan's motion
was ordered to lie on the table.
Mr. Bell moved to refer this bill to the Com¬
mittee of the Whole; which motion was not
agreed to.
Pending which, on motion of Mr. Finney, the
Senate adjourned until to-morrow at 12 o'clock m.
OSCAR ARROYO,
Assistant Secretary of the Senate.
Thursday, Dec. 21, 1865.
The Senate met pursuant to adjournment.
Present, the Hon. Albert Yoorhies, Lieutenant
Governor and President of the Senate; Messrs.
Anderson, Armstrong, Barrow, Bell, Brusle, Burthe,
Brownlee, Coco, Cambell, Cooley, Duvignaud,
Ellis, Foute, Finney, Gibson, Gordon, Hough,
Kavanaugh, Kenner, Lapeyre, Lott, Mohan, Mun-
A10
day, Newton of Morehouse,'Nelson, Palfrey, Pur¬
cell, Taylor, Welch and Wilcoxon—30 Senators.
The journal of yesterday was read and ap¬
proved.
executive communication.
The President submitted the following commu¬
nication from the Private Secretary of his Excel¬
lency the Governor:
State of Louisiana, Executive Department, \
New Orleans, December 21,1865. f
To the President of the Senate :
I am instructed by his Excellency the Governor,
to inform the Senate that he has approved and
signed the following acts :
An act to prohibit the carrying of- firearms on
premises or plantations of any citizen, without
the consent of the owner.
An act to prevent trespassing.
An act to amend and re-enact the one hundred
and twenty-first section of an act entitled an act
relative to crimes and offenses, approved March 14,
1865'.
An act to amend an act entitled an act relative
to judicial and other sales made at public auction.
An act authorizing the construction of a rail¬
road, canal and bridge by the American Rock Salt
Company, connecting the salt mine's in the parish
of St. Mary with points affording easy navigation,
with cession of State lands for the location of the
same. N. C. SNETHEN,
Private Secretary.
message to the house.
The Secretary requested the concurrence of the
House of Representatives in the following entitled
Senate bill, viz:
An act to amend articles 680 and 681 of the Code
of Practice.
He informed the House that the Senate had con¬
curred in House bills, and joint resolutions entitled
"an act to amend an act entitled an act to incor¬
porate the Ouachita Female Academy in the town
of Monroe, parish of Ouachita, and for that pur¬
pose;" "jointresolutiondirectingthe State Engineer
to make a survey and examination of the canal,
shell road and other works belonging to the Canal
and Banking Company joint resolution appro¬
priating eleven thousand seven hundred dollars for
charitable purposes, and resolution for the ad¬
journment of the General Assembly.
message from the house.
Mr. E. W. Halsey, Assistant Clerk of the House
of Representatives, requested the concurrence of
the Senate in House bill and joint resolutions of
the following titles, to-wit: Joint resolution al¬
lowing compensation to the translators of the
General Assembly ; joint resolution allowing the
committee -to investigate the claims of Messrs.
Hahn and Cutler to seats in the United States
Senate, to pursue their investigation during the
recess, and to employ a clerk; joint resolution al
u
JOURNAL OP
lowing further time to the translators and journal
clerks of the General Assembly to finish the work
of the General Assembly ; and an act to suspend
the collection of taxes on house and houses in pos¬
session of the Government.
He requested the signature of the President of
the Senate to House bill entitled an act amending
an act entitled.an act amending an act entitled an
act supplementary to the acts incorporating the
town of Thibodaux, approved May 29,1846, which
bill received the signature of the President of the
Senate, and was by the Secretary returned to the
House.
He also informed the Senate that the House had
concurred with amendment in Senate bill en¬
titled " an act fixing the compensation and pro¬
viding for the payment of the officers and em¬
ployees of the General Assembly."
And he also informed the Senate that the Speaker
of the House had signed Senate enrolled bills of
the following titles, to-wit:
An act making appropriation for the expenses of
the State Land Office for the fiscal year ending the
31st December, 1865.
An act extending the time for bringing up ap¬
peals in certain cases in the Supreme Court from
the District Courts, and
An act for the relief of E. L. Jewell;
Which there upon received the signature of the
President of the Senate, and were by Mr. Ellis,
on behalf of the Committee on Enrolled Bills, sub¬
mitted to his Excellency the Governor for his ap¬
proval and his signature.
resolutions.
Mr. Mohan presented the following resolution,
which was considered by unanimous consent and
agreed to:
Resolved, by the Senate of the State of Louisiana,
That the sum of one hundred dollars be
and is hereby appropriated out of the Contingent
Fund, to Sach of the different clergymen who have
opened the Senate, during the present session,
with prayer, to be paid on their own warrant.
Mr. Taylor substituted the following preamble
and resolution, which were ordered to lie over.
Whereas, The General Assembly being about
to adjourn, and having by no law, made provision
for the payment of many for its officers and em¬
ployees.
Be it therefore resolved, That the warrant clerk
of the Senate be authorized [to pay the following
sums; to the parties named, as compensation for their
services during this session.
The Secretary and Assistant Secretary of the
Senate, each twelve dollars per diem.
The Sergeant-at-Arms of the Senate, ten dollars
per diem.
The Warrant and Translating Clerks, eight dol¬
lars per diem.
The Enrolling Clerks, six dollars per diem.
The Postmaster, five dollars per diepi. '
The Assistant Sergeant-at-Arms, five dollars per
diem.
The Messenger, five dollars per diem.
The Pages, three dollars and fifty cents each per
diem.
The Doorkeeper, five dollars per diem.
Resolved, That the above officers and employees .
are entitled to this per diem only from the date of,
their respective elections or appointments.. N
withdrawal of a bill.
On motion of Mr. Mohan, leave was granted him
to withdraw from the files of the Senate a bill en¬
titled
An act for the relief of J. S. Burke.
report from standing committees.
Mr. Anderson, from the Committee on Claims, to
whom was referred Senate bills entitled
An act for the relief of H. Cassidy, of the city
of New Orleans; and
An act for the relief of Wm. Lockwood,
Submitted a favorable report on each of said
bills.
And the same Senator, from the same com¬
mittee, to whom was referred Senate joint resolu¬
tion making an appropriation to pay the salary of
the Reporter of the decisions of the Supreme
Court, reported the same back to the Senate with¬
out action, with the recommendation that it be
referred to the Committee on Finance.
On motion of the same Senator, the bill was
accordingly referred.
house bills concurred in. "
On motion of Mr. Anderson, the rules were sus¬
pended, and the Senate proceeded to the consid¬
eration of House bill entitled " an act for the relief
of H-. Cassidy, of the city of New Orleans," which
underwent its second and third readings. It was
concurred in, and the Secretary was directed to
inform the House thereof.
On motion of Mr. Mohan, the rules were sus¬
pended, and the Senate proceeded to the consid¬
eration of House joint resolution granting certain
powers to the Joint Committee on Railroads, and
on its adoption at its third reading, the same Sena¬
tor called for the yeas and nays. They were or¬
dered, and being taken, resulted as follows,
to-wit:
Yeas—Messrs. Anderson, Bell, Berault, Barrow,
Coco, Campbell, Cooley, Ellis, Foute, Finney,
Gibson, Kenner, Lapeyre, Mohan, Newton.
Morehouse, Nelson, Taylor and Wilcoxori—18
Senators. t, '
Nays—Messrs. Armstrong, Brusle, Duvignaud,
Gordon, Kavanaugh, Munday, Palfrey, Purcell
and Welch—10 Senators.
So the bill was adopted at its third reading.
THE SENATE.
t Mr. Taylor moved to reconsider the vote just
give on the passage of this hill at its third reading.
On motion of Mr. Munday, Mr. Taylor's motion
of reconsideration was ordered to lie on the table.
And the bill passed with its title.
Pn motion of Mr. Mohan the Secretary was di¬
rected to inform the House thereof.
On motion of Mr. Mohan, the rules were sus-
yiended, and the Senate proceeded to the consider-
Afi®n of House "joint.resolutionvallowing further
time to the translators and journal clerks of the
General Assembly to finish the work of the Gener¬
al Assembly," which underwent its several read¬
ings, it was concurred in, and the Secretary was
directed to inform the House thereof.
unfinished business,
The Senate resumed the consideration of the un¬
finished business of yesterday, being "Senate bill
entitled—
An act relative to respite.
The pending question being on Mr. Finney's mo¬
tion to recommit the bill to the Committee on the
Judiciary, upon which motion
Mr. Anderson called for the yeas a' dnays. They
were ordered, and being taken, resulted as fol¬
lows, to-wit:
Yeas—Messrs. Bell, Burthe, Coco, Foute, Fin¬
ney, Gordon, Kavanaugh, Lapeyre, Mohan and
Purcell—10 Senators.
Nays—Messrs. Anderson, Armstrong, Barrow,
Brusle, Coco, Campbell, Cooley, Duvignaud, Ellis,
Gibson, Hough, Kenner, Lott, Munday, Nwton of
Morehouse, Nelson, Palfrey, Tavlor, Welch and
Wilcoxon—20 Senators.
So the motion to recommit did not prevail.
Mr. Duvignaud moved to adopt the bill at its
third reading, and upon that motion the same Sen-
. ator called for the yeas and nays.
They w^re ordered, and being taken, resulted as
follows, to-wi :
Yeas—Messrs. Anderson, Armstrong, Barrow,
Brusle, Coco, Campbell, Cooley, Duvignaud, Ellis,
' Foute, Gibson, Hough, Kavanaugh, Kenner, Lott,
Munday, Newton of Morehouse, Nelson, Palfrey,
Taylor, Welch and Wilcoxon—22 Senators.
Kays—Messrs. Bell, Burthe, Brownlee, Finney,
Gordon, Lapeyre, Mohan and Purcell—8 Senators.
So the bill was adopted at its third reading.
Mr. Anderson moved to reconsider the vote given
on the adoption of this bill at its third reading.
On motion of Mr. Brusle, Mr. Anderson's motion
of reconsideration was ordered to lie on tyie table.
And the bill was adopted with its title.
7 Slri Burthe gave notice that on, to-morrow he
K will move a reconsideration of the Vote just given
on the adoption of the title of this bill.
Mr. Munday moved to reconsider the vote just
givep on the adoption of the title of the bill.
Which latter motion the President decided to be
in order.
When, on motion of Mr. Brusle, Mr. Monday's
motion of reconsideration was ordered to lie on
the table.
Mr. Bell asked leave to present a protest on the
final passage of this bill, which being objected to
by Mr. Munday, leave was granted to Mr. Bell to
read his protest to the Senate, and, on motion of
Mr. Taylor, the same was ordered to lie on the
table.
house bile referred.
On motion of Mr. Kenner, the rules were sus¬
pended and the Senate took up House bill, entitled
" an act making appropriations for deficiencies for
the years 1862,1863, 1864 and 1865," which under¬
went its first and second readings by its title, and
,on motion of the same Senator, its further con¬
sideration was postponed, and it was ordered to
be referred to the Committee on Finance.
house amendments to senate bills concurred
in.
On motion of Mr. Gordon, the rules were sus¬
pended, and the Senate proceeded to the con¬
sideration of House amendments to Senate bill,
entitled " an act fixing the day of the meeting of
the General Assembly."
The House amendment being to add an ad¬
ditional section to the bill, which reads as follows,
viz. :
Sec. 2. Be it further enacted, etc., That this
act shall take effect from and after its passage.
On motion of Mr. Gordon the amendment was
adopted.
The House amendment being to strike out in the
title of the bill the word "fixing" and inserting
in lieu thereof the word "changing," .
On motion of Mr. Gordon, the House amend¬
ment was adopted.
And the Secretary was directed to inform the
House thereof.
On motion of Mr. Mohan the rules wer.e sus¬
pended, and the Senate proceeded to the considera¬
tion of House' amendment to Senate bill entitled
an act fixing the compensation and providing for
the payment of the officers and employees of the
General Assembly.
The House amendments in the second section being
to insert the word "two" between the word "the"
and the word "Assistant" and in the same line
to strike out the word " clerk" and insert in lieu
thereof the word " clerks,"
On motion of Mr. Mahon,the House amendments
to the second section were adopted.
The House amendment in the fourth section be¬
ing to insert the words "and sixty-six cents" after
the word "dollars" in the tenth line, and to add
at the end of the sixth line after the word "ses¬
sion" the words "except the WarrantClerk of the
House, who shall receive ten dollars per diem;
and in the sixth line after the word "dollars" to
insert the words "and sixty-six cents,"
76
JOURNAL OF
On motion of Mr. Mohan, the House amendments
to the fourth section were adopted.
And the Secretary was directed to inform the
House thereof.
executive session.
On motion of Mr. Duvignaud, the Senate pro¬
ceeded, at closed doors, to the consideration of
Executive business and after some time therein
spent, the doors were re-opened, Hon. George W.
Munday in the Chair.
Mr. Anderson moved to adjourn, and upon that
motionMr. Taylor called for the yeas and nays,
they were ordered, and being taken, resulted as
follows, to-wit:
Yeas—Messrs. Anderson, Bell, Coco, Duvignaud,
Newton of Morehouse and Wilcoxon—6 Senators.
Nays—Messrs. Brusle, Foute, Gibson, Gordon,
Kavanaugh, Kenner, Lapeyre, Mohan, Munday,
Palfrey, Purcell, Taylor and Welch—13 Senators.
So the Senate refused to adjourn.
municipal elections in new okleans.
On motion of Mr. Mohan, the rules were sus¬
pended and the Senate proceeded to the considera¬
tion of House joint resolution ordering an election
for municipal officers of the city of New Orleans.
Mr. Duvignaud moved to fix the bill for the spe¬
cial order of the day for to-morrow.
Mr. Mohan moved to lay Mr. Duvignaud's mo¬
tion on the table.
And upon Mr. Mohan's motion, Mr. Duvignaud
called for the yeas and nays. They were ordered,
and being taken, resulted as follows, to-wit:
Yeas—Messrs. Bell, Brusle, Brownlee, Ellis,
f'oute, Finney, Kavanaugh, Kenner, Lapeyre,
Mohan, Munday, Newton of Morehouse, Palfrey,
Purcell, Taylor and Welch—16 Senators.
Nays—Messrs. Anderson, Duvignaud and Gor¬
don—3 Senators.
So Mr. Duvignaud's motion was laid on the table.
Mr. Gordon moved to adjourn, and upon that
motion Mr. Taylor called for the yeas.and nays.
They were ordered, and being taken^resulted as
follows, to-wit:
Yeas—Messrs. Anderson, Duvignaud, Gordon,
Munday, Newton of Morehouse, and Welch—6
Senators.
Nays—Messrs. Bell, Brusle, Brownlee, Ellis,
Foute, Finney, Kavanaugh, Kenner, Lapeyre,
Mohan, Palfrey, Purcell and Taylor—13 Senators.
So the Senate refused to adjourn.
Mr. Taylor moved the adoption of the bill at its
second reading.
Mr. Andrson moved to recommit the bill.
Mr. Mohan moved to lay Mr. Anderson's motion
on the table; and upon Mr. Mohan's motion, Mr.
Anderson called for the yeas and nays—they were
ordered, and upon being taken resulted as follows:
Yeas—Messrs. Bell, Brusle, Brownlee, Ellis
Foute, Finney, Kavanaugh, Kenner, Lapeyre, Mo¬
han, Munday, Newton of Morehouse, Palfrey, Pur¬
cell, Taylor and Welch—16 Senators.
Nays—Messrs. Anderson, Duvignaud and Gor¬
don—3 Senators.
So Mr. Anderson's motion of recommitment was
ordered to lie on the table.
Mr. Anderson moved to adjourn; and upon that
motion he called for the yeas and nays—they were
orderd, and being taken resulted as follows, to-wit:
Yeas—Messrs. Anderson, Brownlee and Duvig¬
naud—3 Senators.
Nays—Messrs. Bell, Brusle, Ellis, Foute, Finney,
Gibson, Kavanaugh, Kenner, Lapeyre, Mohan,
Munday, Palfrey, Purcell and Taylor—14 Senators.
There being no quorum, on motion of Mr. Ken¬
ner, the Senate adjourned until to-morrow a 12
o'clock M.
OSCAR ARROYO,
Assistant Secretary of the Senate.
Friday, December 22,1865.
The Senate met pursuant to adjournment.
Present, the Hon. Albert Yoorhies, Lieutenant
Governor and President of the Senate ; Messrs.
Anderson, Bell, Barrow, Burthe, Brusle, Brown¬
lee, Coco, Campbell, Duvignaud, Ellis, Foute,Fin¬
ney, Gibson, Gordon, Hough, Kavanaugh, Kelso,
Kenner, Lapeyre, Mohan, Munday, Newton of
Morehouse, Nelson, Palfrey, Purcell, Taylor,
Welch and Wilcoxon—28 Senators. .
The proceedings were opened with prayers,
offered by the Rev. Mr. Walker, of the Methodist
Church.
The journal of yesterday was read and approved.
executive communications
The President laid before the Senate the follow¬
ing communication from the Private Secretary of
his Excellency the Governor, viz.: . ?•
State of Louisiana, Executive Department, )
New Orleans, Dec. 21, 1865. j
To the President of the Senate :
I am instructed by his Excellency the Governor
to inform the Senatfe that he has approved and
signed »
An act to provide for the punishment of per¬
sons for tampering with, persuading or enticing
away, harboring, feeding or secreting laborers,
servants or apprentices.
An act relative to apprentices and indentured
servants.
An act to authorize the Auditor of Public Ac¬
counts to employ an additional clerk , in his office.
An act to punish, in certain cases, the em¬
ployers of laborers or apprentices. /
An act making an appropriation for the expenses .
of the State Land Office for thetfiscal year ending
the Mst of December, 1865.
THE SENATE,
p An act extending the time for bringing up appeals
in certain cases to the Supreme Court from the
District Courts.
N. C. SNETHEN,
Private Secretary.
.State of Louisiana, Executive Department, )
New Orleans, Dec. 22, 1865. \
To the President of the Senate:
I am instructed by his Excellency, the Governor
of the State, to inform the Senate that he has ap¬
proved and signed
An act for the relief of E. W. Jewell.
N. C. SNETHEN,
Private Secretary.
message to the house.
The Secretary requested the concurrence of the
House in Senate bill entitled
An act relative to respite.
And he informed the House that the Senate had
concurred in House resolution allowing further
time to the translators and journal clerks of the
General Assembly to finish the work of the Gen¬
eral Assembly.
' message from the house.
Mr. T. L. Maxwell, Clerk of the House of Re¬
presentatives, requested the concurrence of the
Senate in House bills of the following titles, to
wit; An act to confirm and ratify the appoint¬
ment of Levee Commissioners provisionally made
by the Governoriof the State, and to continue their
functions pf. Joint resolution soliciting the aid of
the General Government to the State of Louisiana
in rebuilding levees. Joint resolution rescinding
the action upon the adjournment of the General
Assembly, and fixing;the time of adjournment on
Saturday, the 23d inst.
An act to suspend the collection of taxes on
house and houses in possession of the Government.
. Joint resolution providing for the appointment
of a special committee to revise the penal laws of
the-State of Louisiana, and to suggest repeals and
amendments thereof, and additions thereto, with
authority to appoint a clerk and to sit during the
recess of the General Assembly.
That the House has also concurred in, with
amendments, in Senate bill entitled " an act to au¬
thorize the Governor to issue the bonds of the
State for the amount of one million of dollars to
defray the expenses of building levees in accord¬
ance with the contracts made by him and the
Levee Commissioners appointed for that purpose.
That the House has also concurred in Senate's
amendment to joint resolution granting certain
pPwers to-the Joint Committee on Railroads.
reports from standing committees.
Mr. Renner, from the Committee on Finance,,to
whom was referred House bill entitled " an act
making appropriations for deficiencies for the
years 1862, 1863,1864 fand 1865, reported a substi¬
tute entitled " an act making appropriations for
deficiencies of 1865," which was passed to a second
reading.
And the same Senator, from the same committee,
to whom was referred Senate bill entitled " an act
for the relief of the Baton Rouge, Grosse Tete
and Opelousas Railroad," reported a substitute,
which was passed to a second reading.
Mr. Mohan, from the Committee on Enrolled .
Bills, reported as correctly enrolled Senate bill
entitled " an act fixing the day of the meeting of
the General Assembly," and "an act fixing the
compensation and providing for the payment of
the officers and employees of the General Assem¬
bly." And the Secretary was directed to request
the signature of the Speaker of the House thereto.
Subsequently, by a message from the House,
through Mr. E. W. Halsey, its Assistant Clerk, the
Senate was informed that the Speaker of the
House had signed the above entitled bills; they
received the signature of the President of the
Senate, and they were, by Mr. Mohan, on behalf
of the Committee on Enrolled Bills, submitted to
his Excellency the Governor for his approval and
signature.
house bill referred.
On motion of Mr. Kenner, the rules were sus¬
pended, and the Senate took up House bill entitled
" an act to raise a revenue to the State by means
of stamps and stamped paper; making appropria¬
tions for the purposes of the act, and providing
penalties for violating the provisions of this act
and for counterfeiting or fradulently imitating the
dies or stamps, or other apparatus authorized-by
this act, and for wilfully destroying or defacing
the stamps unpaid under the act;" which under-,
went its first and second readings by its title, and
it was ordered to be referred to the Committee on
Finance.
house amendments concurred in.
5!
On motion of Mr. Palfrey, the Senate proceeded
to the consideration of House amendments to
Senate bill entitled " an act to authorize the Gov¬
ernor to issue the bonds of this State for the amount
of one million of dollars, to defray the expenses of
building levees, in accordance with the contracts
made by him and the Levee Commissioners ap¬
pointed for that purpose."
The amendments of the House to the first sec¬
tion being to strike out in the eleventh line the
word " annually," and to insert in lieu thereof the
word " semi-annually,"
On motion of Mr. Palfrey, the Senate concurred
in said amendment.
The amendmeat of the House being to strike
out the second section and to substitute in its place
the following section: ' ,
Sec. 2. Be it further enacted, etc., That the
Governor, in conjunction with the Board of Levee
Commissioners, shall advertise for thirty days in
18
JOURNAL OF
the official paper and two other papers published
in the city of New Orleans, for proposals for the
purchase of the bonds issued under the provisions
of this act; and upon the receipt of the bids the
Governor and Board of Commissioners shall have
the power to accept or reject the same as they
may deem best. Provided, That in the event of
the bids being under par, and rejected, the Gov¬
ernor and Board of Commissioners shall be and
are hereby authorized to pledge said bonds or any
part thereof, to borrow the money necessary to
carry out the provisions of this act until the Legis¬
lature shall otherwise provide or direct.
On motion of Mr. Palfrey the substitute adopted
by the House was also adopted by the Senate in
lieu of the second section in th'e original bill.
The amendment of the House in the third sec-
tiou being to insert in the fifth line, after the word
" State" the following words, viz: "are hereby
pledged," and to strike out the remaining six lines
of the section,
On motion of Mr. Palfrey, the House amend¬
ments to the third section were adopted.
The House adopted the following as the fourth
section of the bill:
Sec. 4. Be it further enacted, etc., That if,
during the year, the proceeds of the sale of the
public or swamp lands belonging to the State, so
pledged for the redemption of said bonds, after
reserving an amount sufficient to meet the interest
coupons, there shall be a surplus, said surplus
shall be applied to the purchase, from the lowest
bidder, of-such bonds issued under this act, and
the Governor and commissioners, or a majority of
them, shall have the right of rejecting all bids de¬
manding more than the face of the bonds, for
. which purpose public notice shall be given by the
Governor, in the official gazette, and one other
gazette in or out of the State, for sixty dajs, in¬
viting proposals from bondholders for the sale of
the bonds herein described.
On motion of Mr. Palfrey, the additional section
adopted by the House was also adopted by the
Senate as the fourth section of the bill.
The House also adopted the following as the
fifth section of the bill:
Sec. 5. Be it further enacted, etc., That this
act shall take effect from and after its passage.
On motion of Mr. Palfrey, the additional section
adopted by the House was also adopted as the
fifth section of the bill.
The amendment of the House to the title of the
bill being to insert after the word " dollars" the
following words, to-wit: " and to provide for the
payment of the same,"
On motion of Mr. Palfrey, the House amend¬
ment to the title of the bill was adopted by the
Senate, and the Secretary was directed to inform
the House thereof.
UNFINISHED BUSINESS.
The Senate resumed the consideration of the
unfinished business of yesterday, being House,,
joint resolution ordering an election for municipal
officers of the city of New Orleans.
Whereas, By the laws consolidating the city of
New Orleans and providing for the government of
said city, and the administration of its affairs,
it is expressly provided, that the Mayor, Comp¬
troller, Street Commissioner, Recorders, Alder¬
men and Assistant. Aldermen, shall be elected by
the people of said city; and whereas, the present
incumbents hold commissions of a temporary
nature, granted only for the purposes of the time
being; and whereas, it is eminently proper that
the municipal government of said city should be
again committed to the people, under and in ac¬
cordance with the charter of said city,
Therefore he it resolved by the Senate and
House of Representatives of the State of Louisi¬
ana in General Assembly convened, That the
Governor be, and he is hereby requested to issue
forthwith his proclamation ordering an election to
be held in sixty days from the date of said procla¬
mation, for Mayor, Comptroller, Aldermen and
Assistant Aldermen, as provided by the act en¬
titled an act to amend an act entitled an act to
consolidate the city of New Orleans, and to pro- -
vide for the government of the city of New Or¬
leans, and the administration of the affair® thereof,
approved March 20, 1856.,-
Mr. Mohan moved the adoption of the'first reso¬
lution.
Mr. Duvignaud moved to amend the same, and *
whilst reading his amendment, Mr. Mohan moved
the previous question, and upon that motion he
called for the yeas and^nays; they were ordered
and being taken resulted as follows, to wit:
Yeas—Messrs. Bell, Burthe, Brownlee, Brusle,
Coco, Foute, Finney, Gordon, Navanaugh, Kelso,
Kenner, Lapeyre, Mohan, fMunday, Nelson, Pal¬
frey, Purcell, Taylor and Welch—1^ Senators.
• Nays—Messrs. Anderson, Campbell, Duvignaud,
Hough and Wilcoxon—5 Senators.
So Mr. Mohan's motion prevailed.
On motion of Mr. Kavanaugh, the first resolution
was adopted.
2. Be it fyrther resolved, etc., That the officers
thus elected shall enter upon the discharge of
their duties on the second Monday following their
election, and shall continue in office until the third
Monday in June, 1868. Provided, That at the first
sitting of the Common Council in 1866, the Alder¬
men, and Assistant Aldermen shall be divided by
lot into two classes. The seats of the first class
shall be vacated on the third Monday'of June, 1867,
and the seats of the second class shall be vacated
on the ithird Monday of June, 1868. Provided, also,
That qnb half of the Aldermen andfAssistant Alder¬
men of each district shall constitute the first class.
THE SENATE.
19
And provided further, that there shall be an elec¬
tion on the first Monday of June, 1867, and annually
thereafter, as provided in said city charter, at each
of which said.elections a sufficient number;of Alder¬
men and Assistant Aldermen shall be elected to
fill the places of those going out.
Mr. Mohan moved to adopt the second resolu¬
tion.
Mr. Finney moved the previous question ; and
upon Mr. Finney's motion, Mr. Duvignaud called
fqp the yeas and nays, they were ordered, and
being taken, resulted as follows, to-wit:
Yeas—rMessrs. Bell, Burthe,Brusle,Coco, Foute,
Finney, Gibson, Kavanaugh, Kenner, Lapeyre,
Mohan, Munday, Nelson, Palfrey, Purcell, Taylor
and Welch—17 Senators.
Nays—Messrs. Anderson, Campbell, Duvignaud
and Wilcoxon—4 nays.
So Mr. Finney's motion prevailed.
On motion of Mr. Mohan the second resolution
was adopted.
3. Be iit further resolved, etc., That on
and after the first Monday of June, 18G8, elections
shall be held for Mayor, Comptroller, Recorders,
Aldermen and Assistant Aldermen, for the periods
stated, and in accordance with the requirements
and provisions of the said act to consolidate the
city of New Orleans, etc., approved March 20th,
1856.
Mr. Mohan moved the adoption of the third res¬
olution.
-Mr. Finney moved.the previoud question ; and
'upon that motion, Mr. Duvignaud called for the
i yejis and nays. They were ordered, and being
taken, resulted as follows, fo-wit:
Yeas—=-MessrSwBell, Brusle, Coco, Foute, Finney,
Gibson, Kavanatigh, Kelsd, Kenner, Lapeyre,
Mohan, Mhnday, Nelson, Palfrey, Taylor andWelch
—16 Senators.
Nays—Messrs. Anderson, Burthe, Brownlee,
Campbell, Duvignaud, Hough, Purcell and Wil-
r- coxon—8 Senators.
So Mr. Finney's motion prevailed.
The question recurring on the adoption of the
third resolution, Mr. Duvignaud called for the yeas
and nay^ They were ordered, and being taken,
resulted as follows, to-wit:
Yeas—Messrs. Hell, Brownlee, Coco, Foute, Fin¬
ney, Gibson; Kavanaugh, Kelso, Kenner, Lapeyre,
Mohan, Munday, Nelson, Palfrey, Purcell, Taylor
and Welch—17 Senators.
Nays—Messrs. Anderson, Campbell, Duvignaud,
Gordon, Hough and Wilcoxon—6 Senators.
So the third-section was adopted.
4. Be it further resolved, etc., That this act
shall be in force from and after its passage.
Mr. Mohan moved the adoption of th? fourth
resolution.
Mr. Anderson moved to strike out the same,; and
upon that motion he called for the yeas and nays;
and they were ordered, and being taken, resulted
as follows, to-wit:
Yeas—Messrs. Bell, Brownlee, Burthe, Brusle,
Foute, Finney, Gordon, Kavanaugh, Kelso, Ken¬
ner, Lapeyre, Mohan, Munday, Nelson, Palfrey,
Purcell, Taylor, Welch and Wilcoxon—19.
Nays—Messrs. Anderson, Campbell, Duvignaud,
Hough and Wilcoxon—5.
So the Senate refused to strike out the third
resolution.
The question recurred on the adoption of the
third resolution, upon which Mr. Anderson called
for the yeas and nays. They were ordered, and
being taken, resulted as follows, to-wit:
Yeas—Messrs. Bell, Brownlee, Coco, Foute,
Finney, Gibson, Kavanaugh, Kenner, Kelso, La¬
peyre, Munday, Mohan, Nelson, Palfrey, Purcell,
Taylor and Welch—17.
Nays—Messrs. Anderson, Barrow, Campbell,
Duvignaud, Gordon, Hough and Wilcoxon—6.
So the third resolution was adopted.
Mr. Mohan moved to suspend the rules, in order
to pass this bill to its third reading, and on that
motion, Mr. Anderson called for the yeas and
nays. They were ordered, and being taken, re¬
sulted as follows, to-wit:
Yeas—Messrs. Bell, Brusle, Coco, Foute, Finney,
Gordon, Kavanaugh, Kenner, Kelso, Lapeyre,
Mohan, Munday, Nelson, Palfrey, Purcell, Taylor
and Welch—17 Senators.
Nays—Messrs. Anderson, Barrow, Campbell,
Duvignaud, Gordon, Hough and Wilcoxon—7
Senators.
So four-fifths of the Senators present not voting
in the affirmative the rules were not suspended.
EXTENSION OP THE SESSION.
On motion of Mr. Palfrey, the rules were sus¬
pended, and the Senate took up
House joint resolution receding the action upon
the adjournment of the Genera® Assembly, and
fixing the day of adjournment on Saturday, the
23d inst.
Which underwent its first reading.
Mr. Mohan moved to suspend the rules with the
view of passing this joint resolution to its second
reading.
Upon which motion Mr. Duvignaud called for the
yeas and nays; they were ordered, and being
taken, resulted as follows, to-wit:
Yeas—Messrs. Bell, Barrow, Brusle, Coco, Gib¬
son, Kavanagh, Kelso, Kenner, Lapeyre, Mohan,
Munday, Nelson, Palfrey, Taylor and Welch—15
Senators.
Nays—Messrs. Anderson, Campbell, Duvignaud,
Foute, Finney, Gordon, Hough, Purcell and Wil¬
coxon—9 Senators.
So, four-fifths of the Senators present not voting
in the affirmative, the rules were not suspended.
Mr. Foute moved to reconsider the vote just
given.
80
JOURNAL OF THE SENATE.
Pending the consideration of Mr. Foute's mo¬
tion, the President announced to the Senate that
the hour fixed by joint resolution of both Houses,
for the adjournment of the Legislature having ar¬
rived, he declared the Senate adjourned by limit...
tion. • -
OSCAR ARROYO,
Assistant Secretary of the Senate
Library of
Emory University
225300
225300
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