Library of
Emory University
JOURNAL
OP
OP THE
STATE OF LOUISIANA.
NEW ORLEANS:
W. R. FISH, STATE PRINTER.
1864.
JOURNAL OP THE SENATE
op the
STATE OF LOUISIANA.
Monday, October 3d, 1864.
The senators elected tinder the provisions
of title III, article 7th, of the Constitution of
the Slate of Louisiana, met in the Senate
Chamber on this day, being the first Mon-
day in October, 1864.
At the hour of meridian, the lieutenant
governor called the Senate to order.
The members having taken their seats,
Mr. Montamat moved that the IMn. R. B.
Bell act as secretary pro tern.
This motion being carried, Lieutenant
Governor Wells arose and said :
Gentlemen of the Senate — As the presiding
officer of this honorable body it will be my
duty in the course of its deliberations, to
give decisions on such rules of order as you
may adopt. It may happen that I may not
give individual satisfaction, though it will
be my aim to do so. This is the most
important convocation of senators ever
held within the limits of this State. You
are not called, as your predecessors were,
to plot treason, but you are to wipe out
the effect of their actions. You are to en-
courage usefulness, to develop the com-
merce of the city. You are here to aid and
assist the labor of the State, and to return
it to its fidelity to the Union. I will now
proceed to call the names of members in
alphabetical order.
Mr. Montamat called for the reading of
the report of the secretary of state.
The report of the secretary of state not
having been received, on motion of Mr.
Smith, of St. Mary, the president appointed
Messrs. Montamat, Smith and Jones a com-
mittee of three to wait on the secretary of
state and obtain the report of that officer,
which,being done, the following communica-
tion was read :
Statement of the returns of the election held on
the 5th of September, 1864, in regard to
the Members of the General Assembly of
the Slate of Louisiana.
State op Louisiana, j
Office of Secretary of State. \
Be it remerbered, that in conformity to
the Constitution adopted by the Convention
lately assembled, at the city of New
Orleans, for the purpose of revising and
amending the Constitution of the State of
Louisiana, providing, viz : " There shall be
a session ol the General Assembly held in
the city of New Orleans, on the first Mon-
day of October, 1864, and it shall be the
duty of the governor to cause a special
election to be held for members of the
General Assembly, in all the parishes where
the same might be held on the day of elec-
tion for ratification or rejection of said
Constitution,"
The undersigned, secretary of state, did,
thi3 day, examine the returns received at
his office, of the votes cast at the election
held throughout the State on the fifth of
September, 1864, being the first Monday of
said month, in the following named
parishes, and ascertain the votes obtained
by each candidate, according to said re-
turns deposited in said office, as far as re-
ceived; and he found that the following
named persons received the greatest num-
ber of votes, and appear to have, accord-
ingly, been duly elected.
for general assembly. — state senators.
parish of orleans.
Senatorial District composed of the Firs
and Fourth Municipal Districts of the city of
New Orleans—John Purcell, A. C. Hills, J.
T. Barrett, John Sullivan, R. B. Bell.
Senatorial District composed of the Second
and lliird Municipal Districts of New Or-
. leans—J. P. Montamat, E. Hart, Louis
Gastinel, M. D. Kavanagh.
Senatorial District composed of that por-
lion of the parish of Orleans lying on the right
4
JOURNAL
bank of Ihe Mississippi river, Plaquemines
and St. Pirnard—John Brownlee.
W. Mithoffi
ST. CRADLES AXD LAFOl'KCUE.
Jos. Nicola/-.
ST. JOHN TEE BAl'TJST AND ST. JAMES.
W. H. Lawloti.
ASCKXSIOX, ASscMrrrox" AXO TEui'tSfioxxE'.
Marc-ellns Lara and Romania TilloFom
IBERVILLE.
W. lli'own,
EAST BATOX KOUOE.
J. D. O'Conncll.
WEST BATOX KOUOE, POIXTB COLTEE AND
WEST I'LiUl'IAXA.
W. II. Watson. (No vol OS received from
West Eaton Rouge and West Feliciana.)
EAST FELICirAXA.
John Springer.
COXCOKDIA AXD TENSAS.
Robert E. Jones.
MAD!8OX AXD CAKKOLL.
J. E.Walker. (John Clark contestant.)
ST. I.AXDRY, LAFAYETTE AXD CALCASIEU.
John 0. Wright,. Z. Gvillith.
ST. MAKTIX AXD VEEMILLION.
Robert R. Benson.
ST. MABY.
Charles Smith.
KATJDES AXD AVOYELLES.
C. W. Boyce, John A. Newell.
KAmxn.
A. Wood. (No returns from Natchitoches,
De Soto and Caddo.)
In testimony whereof, the undersigned,
secretary of state, has signed the foregoing
statement, under his hand, as a true and
correct result of the said returns, as far as
received, at the city of New Orleans, this
nineteenth day of September, a. d., 1804,
being the third Moqday of said month, and
of the Independence of the United States,
the 89th.
[Signed] ' S. Wrotxowski,
Secretary of State.
It appearing that the Senatorial District
of Madison and Carroll parishes is con-
tested by Messrs. J. E. Walker and John
W. Clark, on motion it was referred to the
Committee on Elections to be appointed by
the president.
The. following senators were sworn in
and admitted as members : Messrs. Barrett,
Bell, Brownlee, Brown, Boyce, Benson,
Gastinel, Griffith, Hart, Jones, Kavanagh,
Lara, Montamat, Mithoff, Nicolas, Purcell,
O'Connell, Sullivan, Smith, Springer. Wat-
son, Wright and Wood—23.
The president having announced that a
quorum was present, Mr. Montamai moved
th.it the Senuie proceed to organize, by the
elecliou of the following officeis: One
secretary, one serge.ud-at-arins. one door-
keeper, one po.-,maFar and two messen-
gei's, which was carried.
For secrekuy, Mr. Smith nominated John
E. Neelis, and Mr. Gu.siinel nominated Mr.
Moore.
On taking the vole Mr. Neelis received
16 and Mr. Mooro received 7 votes, where-
upon Mr. Neelis was declared duly elecled.
On motion, the Senate then proceeded to
the election of a sergeant-at-arms. for which
Messrs., Wood, Baumbach and Mancosos,
were put in nomination. Mr. Wood re-
ceived 18 votes, Mr. Bamnbach 3, and Mr.
Mancosos 2 votes, whereupon Mr. Wood
was declared duly elecled.
The election of doorkeeper was then pro-
ceeded with—Mes.-vs. M. W. Muvpliy, James
Doie-ey, Martin, O'Reily and Baumbach be-
ing put in nomination.
On the first ballot Mr. Mnrpby received
7 votes, Mr. Dorsey 4, Mr. Martin 5, 0'Roily
2, and Baumbach 5 votes.
There being no election, tbe Senate pro-
ceeded to a second ballot—tbe names of
Messrs. Dorsey and O'Reily being dropped.
Mr. Murpliy received 7 voles, Mr. Martin
2, and Mr. Baumbach 14 votes, whereupon
Mr. Baumbach was declared elected.
The election of postmaster was next de-
clarcd in order.
The names of Messrs. Nick, McDonald,
McManus, White, Boylan and Flynn were
put in nomination.
On the first ballot Mr. Nick received 4
votes, Mr. McDonald 6, Mr. McManus 7,
Mr. White 1, Mr. Boylan 2, and Mr. Flynn
3 votes. The names of the three last being
dropped, on the second ballot Mr. Nick re-
ceived 3 votes, Mr. McDonald 8, and Mr.
McManus 12 votes ; whereupon Mr. Mc-
Manus was declared elected.
For messengers, Messrs. Purcell, Guma,
Collins, McDonald, Kersella, Mohan and
Curtis were placed in nomination. Mr.
Purcell received 5 votes ; Mr. Guma, 17 ;
Mr. Collins, 6 ; Mr. McDonald, 3 ; Mr. Mo-
han, 4; Kersella, 1; and Mr. Curtis, 7
votes.
OF THE SENATE.
5
On motion, Messrs. Gumn mid Curtis,
being Hie two highest candidates, were
declared elected.
On motion, Mc-rre Montamat, Smith and
Jones were appointed a committee to wait
on the officers elect and introduce them
for the purpose of being sworn in. The
committee hiving performed id duty, the
oath of office was adminidmed to the offi-
cers elect.
The pre. ident appointed Me;-r*. Monte-
mat, Smith, Jones, Turcell and Mithod, a
Committee 011 Elections, to whom was re
forred the communication of the secretary
of state.
Mr. Montamat moved to adjourn until 11
o'clock to-morrow, which being negatived,
on motion of Mr. lloyce the Senate adjourn-
ed unlit 11 o'clock sr., to-morrow.
Approved.
Robert B. Bell, /
Secretary pi 0.' km.
Tuesday, October 4, 1804.
The Senate met pursuant to adjournment,
and was called to order by the Hon. J. M.
Wells, lieutenant governor arid president
of the Senate.
t
The following senators were Lund to be
present: Messrs. Barrett, Bell, Brownlee,
Brown, Boyce, Benson, Gastinel, Griffith,
Hart, Kavanagh, Lara, Montamat, Mlthoff,
Nicolas, Purcell, O'Connell, Sullivan,
Smith, Springer, Watson, Wright, and
Wood- -22.
The proceedings were opened with prayer
by the Rev. Mr. Chnbbuck.
Hon. W. H. Lawton, senator elect from
the parishes of St. John the Bopiisfc and St.
James, being present, was, on motion of Mr.
Smith, sworn in and took his sc at.
The journal of yesterday was read, cor-
rected and approved.
Mr. Sullivan moved that the Senate pro-
ceed to elect an assistant secretary.
Mr. Boyce moved as a substitute for Mr.
Sullivan's motion, that the secretary be
authorized to appoint an assistant secre-
tary.
Mr. Sullivan moved to lay Mr. Boyce's
motion on the table, which motion being
lost, the question recurred on the adoption
of Mr. Boyce's motion, which was carried.
Whereupon the secretary appointed Phillip
Winfrce as his assistant secretary.
Mr. Bell offered the following :
F,c"oh'f<l. Tha<-the rules adopted by the
Senate of ISui be the standing rules of
the pro.-ant Scna'e, and tt"",t a commi'iee of
three mow bars Ho appointed to dr. ft 11mm
out, and that fifty copies he printed for the
u- e of the members.
Mr. Smith moved to lay 1 fr. Bell's rcsolu-
tion on the table, which motion prevailed
on a rising vote of 11 ye, s to 9 nays, conse-
qucntly Mr. Bell's resolution was laid on
the table.
Mr. K ivanagh moved that the president
appoint a committee of five to draft and
report rules and regulation" for the govern-
ment of the Senate, which mot'on being
carried, the pre .ident appointed'Mc-ts.
Kavanagh, Smith, Barrett, Buret 11 and
Wright to compo:e the committee raised
thereby.
On motion of Mr. Smith, the rules and
regulations of the late S'do ConsiltuLlonal
Convention of Louisiana were adopted for
the guidance of the Senate until the report
of the Committee on Rules end Regulations
is made-and adopted.
Mr. Watron moved that the Senate pro-
cccd to the election of enrolling clerks.
Mr. Montamat moved, as a substitute, that
the appointment of enrolling clerks bo left
with the Committee on Enrollment.
Mr. Smith moved to lay Mr. Moniamal's
motion on the table.
* On this motion the yeas and nays were
demanded, and being taken resulted as fol-
lows:
Yeas — Mos-rs. Bell, Brown, Benson,
Boyce, Gviffi'h, Lara, Nicolas, Purcell,
Springer, Smith, Wright, Watson and Wood
—id.
Nays—Messrs. Barrett, Brownlee, Gasti-
nel, Hart,, Kavanagh, Lawton, O'Connell,
Mithoff, Mont.1,mat and Sullivan—10.
Consequently the motion prevailed, and
Mr. Montamat's substitute was tabled.
Mr. Montamat moved to limit Mr. Wat-
son's motion to five enrolling clerks, which
was accepted, but before a vote was taken,
6
JOURNAL
On motion of Mr. Kavanagh, the Senate
adjourned until 12 o'clock m., to-morrow.
Approved.
John E. Neelis,
Secretary.
. v Wednesday, Oct. 5, 1884.
The Senate met, pursuant to adjourn-
, ment.
' Present—the Hon. J. Madison Wells, lieu-
tenant governor and president of the Sen-
.ate. and the following senators: Messrs.
Barrett, Bell, Erownlee, Brown. Boyce, Ben-
son, Griffith, Hart, Kavanagh, Lawton, Mon-
tamat, Milkoff, Nicolas, Purcell, O'Con-
nell, Sullivan, Smith, Springer, Watson,
Wright and Wood—21.
The proceedings were opened with
prayer by Rev. Br. Newman.
On motion of Mr. Smith, the absence of
Mr. Jones was excused on account of sick-
.ness.
The journal of yesterday was read and
approved.
Mr. Montamat, on behalf of the Commit-
tee on Contested Elections, submitted. the
•following report:
The special committee to whom was re-
ferred the contested scat of J. E. Walker,
from the paiish of Madison, beg leave to
report that, after due examination of the
returns in the office of the secretary of
state, and all the fac's connected with the
election, your committee has come to the
conclusion that said election has been irreg-
ularly held. Your committee beg leave -to
repoit th it, in their opinion, neither of the
two contestants are entitled to a scat in this
House.
Your committee further recommend, that
the gove: nor of the Si de be requested lp
issue his procl ma'ion oul'eilng au election
to fill said scat in this body.
On motion, the foregoing report was
adopted.
On motion of Mr. Eovce, the vote given
on yerlerday re'n'ive to the appointment of
enioli'ng chubs, w. s recou-idered, when
jUK Boyce piortnted a resolution providing
-for the oppo'n'ment of a committee on on-
,1'ollmenl, to which was loft the appointment
of all enrolling clerks, the number being
limited to five. This re.-olution wa3 subse-
.quently withdrawn.
Mr. Knvaa.igh, on behalf of the commit¬
tee appointed to draft and report rules and
regulations, submitted a written report.
Mr. Montamat moved the adoption of the
report.
Mr. Gastinel moved to lay Mr. Monta-
mat's motion on the table, which, being lost,
Mr. Montamat"s motion was carried.
On motion of Mr. Montamat, the blanks .
in the li=t of committees named in the re-
port, were filled with the number three,
except iu the committees <4n Ways and
Means, Judiciary, Internal Improvement,
Printing, and Banks and Banking, all pf
which were ordered to be filled with the
number five, when,
On motion of Mr. Montamat, fifty copies
were ordered to be printed for the use of
the Senate.
The president then announced the fol-
lowing standing committees, and stated
that he would announce the names to com-
pose the other standing committees pro-
vided for by the rules, on to-morrow.
senate committees.
Judiciary—R. B. Jones, Chairman; J. T.
Barrett, Chas. Smith, L. Gastinel, W. Mithoff.
I'mance—J. P. Montamat, Chairman ; R.
R. Ben "on, Jdbn Sullivan.
Militia—0. W. Boyce, Chairman; Jno.
Springer, A. C. Hills.
Enrollment—Jos. Nicolas, Chairman ; M.
D. Kavanagh, John Purcell, J. A. Newell,
J. P. llontamal-.
Elections—Chas. Smith, Chairman; E.
Hart, M. Lara.
Claims—R. R. Benson, Chairman; Z.
Griffith, W. Brown.
Commerce end Manufactures—W. H. Wat.
son, Chairman ; J. 0. Wright, R. Tillotson-
Ways and Means—John Purcell, Chair-
man; J. D. O'Connell, A. Wood, J. A.
Newell, C. W. Boyce.
Unfinished Easiness—John Brownlee,
Chairman : J. Springer, H. Lara.
Public EdiicEon—A. C. Hills. Chairman ;
R. B. Jones, Wm. Mithoff.
Internal Improvement—J. B. O'Connell,
Chairman; R. B. Bell, L. Gastinel, R. R.
Benson, Z. Griffith.
Printing—11. B. Bell, Chairman ; C. W.
Boyce, John Purcell, A. C. Hills, J. B.
O'Connell.
Eanls and Panling—W. Mithoff, Chair-
man ; J. T. Barrett, Chas. Smith, J. P. Mon-
tamat, J. Sullivan.
The president also submitted the follow-
ing letter from Mr. R. Tillotson, member
elect from the parishes of Terrebonne, As-
cension and Assumption:
OF THE SENATE.
1
New Orleans, October 3,1864.
To the honorable members of the Senate of
Louisiana:
Gentlemen—Having been informed that
during my absence from the State, my
fellow-citizens have, without my knowl-
«dge, elected me a member of your honor-
able body, I beg leave at this time to tender
you my resignation, being altogether un-
able and unwilling to perform the duties of
this office under the peculiar political con-
dition of Louisiana.
With great respect,
Your obedient servant,
Romanta Tillotson.
On motion of Mr. Montamat the resigna-
tion was accepted.
. Mr. Smith moved that the governor be
requested to issue his proclamation order-
ing an election to fill the vacancy forthwith,
which motion prevailed.
Mr. Montamat offered a joint resolution
that the Senate will meet the House of Rep
resentatives in joint session on Thursday,
the 6th inst., for the purpose of electing an
official printer.
On motion of Mr. O'Connell the foregoing
joint resolution was laid on the table, sub-
ject to call.
Mr. Montamat moved that the Senate
proceed to the election of a president pro
tern of the Senate, which being carried^
On motion of Mr. Sullivan, Mr. Charles
Smith, of St. Mary,was unanimously elected.
On motion of Mr. Montamat, the president
appointed Messrs. Montamat and Smith a
committee to wait on the governor and in-
form him that the Senate is now organized,
and ready to receive any communication
Which the governor might have to make.
The Senate then took a recess of fifteen
minutes, and on being called to order the
committee appointed to wait on the gov-
ernor reported that they had discharged
their duty, and the governor replied that he
had received no information that the House
was organized, and had no communication
to make until the House is organized, when
he will communicate to the Senate his an-
nual message to the General Assembly.
Mr. Bell moved that the Senate proceed
to the election of a chaplain, which motion
was, on motion of Mr. Gastinel laid on the
table by a vote of 12 to 6.
The Senate then adjourned until 12
o'clock, m., to-morrow.
Approved. John E. Neelis,
Secretary.
Thursday, October 6, 1864.
The Senate was called to order at 12
o'clock m., pursuant to adjournment.
Present—Hon. J. M. Wells, lieutenant
governor, president, in the chair, and the
following senators:
Messrs. Barrett, Bell, Erownlee, Boyce,
Benson, Gastinel, Griffith, Hart, Kavanagh,
Lara, Lawton, Montamat, Mithoff, Nicolas,
O'Connell, Purcell, Sullivan, Smith, Spring-
er, Watson, Wright and Wood—22.
The proceedings were opened with pray-
er by Rev. Mr. Gilbert.
The minutes of yesterday were- read and
approved.
On motion of Mr. Kavanagh, the printed
report of the Committee on Rules and
Regulations were ordered to be corrected,
and on motion of Mr. Montamat 50 copies
were ordered to be printed in pamphlet
form, similar to the rules of the Senate of.
1858.
The president then directed the secretary
to read the following corrected list of the
standing committees :
Judiciary—R. B. Jones, chairman; J.
T. Barrett, Chas. Smith, L. Gastinel, Wm.
Mithoff.
Finance—J. P. Montamat, chairman ; R.
R. Benson, John Sullivan.
Militia—C. W. Boyce, chairman ; John
Springer, A. C. Hills.
Enrollment—Jos. Nicolas, chairman; M.
D. Kavanagh, John Purcell, J. A. Newell,
J. P. Montamat.
Elections—Chas. Smith, chairman ; E.
Hart, M. Lara.
Claims—R. R. Benson, chairman ; Z.
Griffith, W. Brown.
Commerce and Manufactures—W. H. Wat-
son, chairman ; J. 0." Wright, W. H. Law-
ton.
Ways and Means—John Purcell, chair-
man ; J. D. O'Connell, A. Wood, Jno. A.
Newell C.W. Boyce.
Unfinished Business — John Brownlee,
chairman ; J. Springer. M. Lara.
Public Education-—A. C. Hills, chairman ;
R. B. Jones, Wm. Mithoff.
IntSftial Improvement—J. 1). O'Connell,
chairman; R. B. Bell, L. Gastinel, R. R.
Benson. Z. Griffith.
Printing—R. B. Bell, chairman; C. W.
Boyce, John Purcell, J. T. Barrett, J. D.
O'Connell.
8
JOURNAL
JBanJcs and Banking—"\Y. Mithoff, chair-
man ; J. T. Barrett, Chas. Smith, J. P. Mon-
tamat, J. Sullivan.
Committee on Auditing and Supervising the
Expenses of the Senate—Bell, Benson and
Boyce.
Committee on Federal Belations—Sullivan,
Mithoff and Bell.
Committee to visit the Penitentiary—Messrs.
Kavanagh, Brown and J. D. O'Connell.
Committee 'on Parochial Affairs—Messrs.
Lawton, Montamat and Purcell.
Committee on Charitable Institutions—Ben-
son, Wood and Hart.
Committee . on Public Lands — Nicolas,
Lara and Gastinel.
Mr. Boyce presented a resolution request-
ing the president to invite the clergy of
this city to officiate alternately in opening
the daily sessions of the Senate with prayer,
which was, on motion, unanimously adopt-
ed.
Mr. Benson presented the following,
which was, on motion, adopted :
Pesolved, That a committee of three he
appointed by the chair, to confer wdth a
committee of the House, for the purpose of
fixing the per diem of the employe's of the
House and Senate.
The president appointed Messrs. Benson,
Boyce and Bell, to compose the committee
raised by the foregoing resolution.
On motion of Mr. Montamat, the Senate
then took a recess until 1 o'clock.
At 1 o'clock, the Senate was called to
order and, the roll being called, the same
members (22) were found to be present.
Mr. Montamat presented the -following,
which was adopted, and the secretary in-
formed the House thereof:
Pesolved, That the secretary inform the
House that the Senate is now organized and
ready for business, and the House concur-
ring, have appointed three members of the
Senate and members of the House, to
wait upon the governor and inform him
that the two Houses of the General Assem-
bly are organized and ready to receive any
communication he may have to make.
Mr. Sullivan presented the following,
which was adopted:
Be it resolved, That the president of the
Senate be authorized to have the official
documents printed until such time as an
official printer be chosen by the General
Assembly.
Mr. Boyce presented the following, which
was adopted:
Be it resohml. That the doorkcener be
authorized to appoint an assistant to keep
the outer door.
Mr. O'Connell presented the following :
Pesolved, That the president of the Sen-
ate appoint a committee of three members
to wait on his honor the mayor, to request
that he order a detail of two police of-
fleers, whose duty it shall be to keep order
in front of the Senate chamber.
Mr. Boyce moved to lay the resolution
on the table, upon which motion the yeas
and nays were demanded, when it appear-
ed that Messrs. Barrett, Bell, Brownlee,
Boyce, Benson, Ilart, Lara, Lawton, Mithoff,
Purcell, Sullivan, Smith, Springer, Watson
and Wright—15 senators, voted yea, and
Messrs. Brown, Gastinel, Griffith, Kavanagh,
Montamat, Nicolas, O'Connell and Wood—
8 senators, voted nay.
Consequently the resolution was laid on
the table.
The following resolutions were present-
ed and laid on the table.
By Mr. Bell:
Pesolved, That the sergeant-at-arms be
authorized to appoint an assistant to at-
tend the outer door of the Senate.
By Mr. Sullivan:
Be it resolved, That the sergeant-at-arms
be authorized to employ twof assistants.
On motion of Mr. Kavanagh, the ser-
geant-at-arms was authorized to appoint
one assistant and a porter.
On motion of Mr. Wright, the Senate
then adjourned until 12 o'clock M. to mor-
row.
Approved.
John E. Neelis,
Secretary.
Feiday, Oct. 7, 1864.
The Senate wa? called to order at 12
o'clock m., pursuant to adjournment. Pres-
ent—Hon. J. Madison Wells, lieutenant
governor and president of the Senate, and
the following senators: Messrs. Barrett,
Bell, Brownlee, Brown, Boyce, Benson,
Gastinel, Hart, Kavanagh, Lara, Lawton,
Montamat, Mithoff, Nicolas,Purcell, O'Con-
nell, Sullivan, Smith, Springer, Watson and
Wright—21.
Pending the reading of the journal, a
message was announced from the goyprnor,
when.
OF THE SENATE.
9
On motion or Mr. Montamat, its further
reading was dispensed with for the time
being.
The following message of the governor
was then presented through Mr. Snethen,
the governor's private secretary:
' MESSAGE.
Gentlemen of the Senate and House of jRepre-
sentatives of the State of Louisiana:
The occasion which enables me, after a
hiatus of nearly three years in the Legisla-
tive history of Louisiana, to welcome to
their important labors the representatives
of the popular will, fresh from-their con-
stituents, is deeply heart-cheering. Under
the happily altered condition of our domes-
tic affairs, you are to take charge of the
law-making necessary to the well being of
the Commonwealth and the security and
happiness of the people. You are already
familiar with the causes which in this and
other Southern States interrupted peaceful
legislation, distracted the public mind, ar-
rhyed the local authorities against the Na-
tional Government, and produced rebellion,
bloodshed and anarchy, where all should
have been loyalty peace and content-
ment. But while this State was
thus momentarily placed, by the bad
men who had conspired against the
national, authority, in armed hostility to
the Union, no patriot ever conceded, or
could, with truth and propriety admit, that
its people had ever sanctioned the atrocious
doctrine of secession ; and although for a
time under the rebel control, as under
Federal military occupation, the inaliena-
ble rights of' the State were in abeyance,
they were neither lost nor surrendered.
To-day, in every legal and constitutional
requisite, we can boldly demand the same
recognition of its rights and independence
in its legitimate constitutional subordina-
tion as Massachusetts, New York or Ohio
claim to possess and enjoy. The president!
of the United States, early after the reas-
sertion of the national authority in this
State, recognized the great fact" that the
people of Louisiana had disclaimed the im-
putation of having ever rebelled ; and sym-
pathizing with them in their patriotic de-
sire to be so understood, directed the local
military authorities to give the necessary
aid and encouragement to them in reorgan-
izing their civil affairs. In pursuance of
these instructions, the First and Second
Congressional Districts, in December, 1862,
were enabled to elect representatives to the
National Congress, who, after a full investi-
gation, were admitted to seats, and
participated in the public business
on a full and perfect equality with their
associates from every loyal portion of
the Union. In crood time thereafter an
election for Slate officers was ordered, when
the people—from whom only can power
properly emanate—honored me with the
responsible office of governor. More recent-
ly a Convention, representing the people,
was called to revise the organic law, by
eliminating from the old system every ves-
tige of human inequality, and putting it in
harmony Avith those great principles of hu-
man freedom, Avhich Jefferson, in truths
that can never perish, embodied in the De-
duration of American Independence. The
Convention thus called, ably and patriot-
ically performed its great work, and the
people have cheerfully and nobly ratified
it. Slavery can no more exist, nor can
man ever again in Louisiana have or pre-
tend to ha\Te property in man. The framers
of our new Constitution, raised and educa-
ted amid peculiar institutions, and with
strong prejudices, seeing the existence of
their proud nationality imperilled,' acted
like true patriots, cast aside those institu-
tions, extinguished those prejudices, gave
up their property, and nobly said, "We
will lose all, rather than lose our country."
Future generations will honor their names
and seek to emulate their deeds.
The unsettled condition of the country,
the absence or destruction of most of the
public archives, and various other causes,
have conspired to throw much difficulty in.
the way of a full organization of a State
government. The want of a Legislature
and the sudden uprooting of many import-
ant yet unwise and illiberal laws and insti-
tutions, by military orders, rendered it ex-
tremely difficult, if not Impossible, for the
executive of the State to perform his du-
ties satisfactorily and understandingly to
the public, or to properly reconcile and
harmonize the various conflicting rules of
government and interests of the State. I
was somewhat aided in this dilemma by the
president of the United States, who, shortly
after my inauguration, invested me, with-
! out any solicitation or suggestion on my
part, " with the powers exercised hitherto
by the military governor of Louisiana."
Fortunately, the harmony which has char-
acterized the intercourse of the military
and civil authorities of this State, has ren-
dered the exercise of any such powers by
me almost unnecessary. The principal
subject upon which I have used these poW-
ers are, the appointment of public officers,
the payment of money from the State
treasury for just and pressing purposes and
after recommendation by proper officers,
and the exercise of executive clemency.
As I saM in my inaugural address, " for the
moment civil government must necessarily
harmonize with military administration
and, while Ave recognize the paramount au-
thority of the military power, we should
not forget that it desires to surrender as-
10
JOURNAL
speedily as possible the power to the peo-
pie. The very object of the army of the
United States in remaining here is to main-
tain Louisiana and the neighboring States
in the Union ; and the only way of doing
this, is to disperse and overthrow those
who pretend to set up a rebel government,
and to guarantee to the loyal a republican
from of State Government. While we are
all striving for this object, the duties and
powers of the civil and military authorities
•are distinct, co-operating with each other
for the purpose of having that which is
desired by all—the early surrender of all
power, military and civil, to the people of
the State, subject to the constitution of the
United States.
The present constitution has wisely re-
lieved the future legislation of our State of
some of its greatest burdens and obstruc-
tions. Special and exceptional legislation
by which, in former times, the public busi-
ness was much delayed,and which gave birtli
to many improper laws, and was the means
of wasting ■ much money as well as
time, is now absolutely prohibited. Arti-
cle 117 of the Constitution declares that
"(he Legislature may enact general laws
regulating the adoption of children, eman-
cipatlon of minors, changing of names and
the granting of divorces, but no special
laws shall be enacted relating to particular
or individual cases." We can, therefore,
indulge the reasonable expectation that
the entire time of the General Assembly
will be employed in the framing of such
laws as the public necessities may de-
mand, and that 'no time will be wast-
•ed in legislation for individual or pri-
vate interests. I respectfully recommend
that your legislation for the present be
confined to such matters as require your
action from the anomalous condition of our
State and country, and the unavoidable
necessities which Lie cause of the Union
and the adoption of a new Constitution
may render proper and important. *
The report of the state treasurer, ac-
companying this message, shows that since
his induction into office on the 4th of March
last, up to the 30th of September, he has
received $1,183,130 82. During the same
period he has paid out $541,347 2 2, thus
leaving a balance in his hands of $043,783-
00. Of this balance, however, but $147,-
451 4-7 are in current funds—legal tender
aud city notes. The other portion of this
balance is made up of $462,752 13 in Con-
federate notes received from the former
Treasurer, and $33,580 in the notes of the
Bank of New Orleans. The different funds
stand thus:
General Fund $514,397 03
School Fund 111,423 95
.Internal Improvement Fund... 17,962 62
Total $643,783' 60
The general fund consists of the lollow-
ing described notes :
Confederate notes (uncurrent). .$462,752 13
Bank of New Orleans (uncurrent) 33,580 00
Current 18,064 90
Total General Fund $514,397 03
The Confederate notes above mentioned,
I am informed, were left in bank to the
credit of the State, at the flight of the rebel
State government from this city; and I
think there are strong reasons for compel-
ling the Bank to pay this amount in current
funds. The small balance of current notes
belonging to the general fund win probably
be nearly or quite exhausted in the pay-
ment of the salaries of the State officers and
employes for the quarter ending on the 30th
ultimo.
The expenses of the late Constitutional
Convention were very heavy ; and it is a
duty which the Legislature owes to itself
and the people to practice the most rigid
economy. Systems of revenue will have to
be devised ; but it should be remembered
that the people are necessarily poor from
the exhaustion of the war, and it will be
some time before remunerating returns can
be made for industry on an extended scale.
Taxes have thus far been collected under
great difficulties, and in but few parishes ;
but the work of assessing- and preparing for
collection is being prosecuted with care
and energy. The heavy expenditure should
be gradually diminished, and the Legis-
lature should' in all things exercise the
greatest possible economy.
The spirit which is to guide you in your
legislation with regard to the existing finan-
cial corporations, banks, insurance compa-
nies, &c., of the State, should not be so much
a blind devotion to the strict rules and
obligations of law, as a study of the interests
of the people. The directors and managers
of these corporations have materially aided
the rebel government by large subscriptions
to Confederate bonds and loans, and a sus-
pension of the payment not only of specie
but of their own notes, and substituting
therefor and giving currency to the notes of
the rebel government. Most of the banks,
on the approach of the Federal fleet, shipped
their specie into the lines of the public
enemy; thus, either admitting their pre-
vious wrongs to our government, or show-
ing the low estimate in which they held the
gallant defenders of our Union. They have
been enemies to our government, and are
entitled to no sympathy, privileges, or pro-
tection, except so far as they have in their
possession of right the wealth of the State.
If they have voluntarily parted with this,
in breach of public or private trust, they
cannot claim a continuance of their power.
A very thorough investigation of their af-
fairs was recently made by military order,
OF THE SENATE.
11
and the exhibit shows a very precarious
state of credit in all these institutions. It
is a great crime that these elements of
power, the most potent and most extended,
should be left in the hands of men inimical
or indifferent to the government. Most
of the banks are hopelessly insolvent.
Some can become solvent by receiving pos-
session of specie or cotton belonging to
them and now within the rebel lines. The
question of their suppression or liquidation
should depend somewhat on their ability to
become solvent within a reasonable time.
They should be examined by the Legisla-
ture, and whenever they exercise an influ-
ence that does not justly belong to the
wealth actually in their possession, they
ought to be restricted in their privileges,
or put in liquidation.
Your special attention is required on the
matter of rendering assistance to the families
of Louisiana soldiers in the army of the
United States. Both the honor and the wel-
fare of the State urge you to the conside-
ration of this subject. The Louisiana vol-
unteers entered the army of the United
States solely from patriotic motives. They
were not tempted to enlist by the offer of
large bounties, nor had they the certainty,
as did the soldiers of other States, that while
they were away from their homes, fighting
for their country, those who were dependent
on them would be succored and cared for
by the generosity of the State. The conduct
of the Louisiana regiments for fortitude in
the field, for faithful toil and patient
endurance in post and camp, needs no
encomium from me. The various scenes
of struggle which memorialize the cam-
paigns of the Teche, the siege of Port
Hudson and the expedition to the Red river,
all attest that for gallantry of conduct, for
conspicuous bravery, the foot and cavalry
of Louisiana, if they had many equals, had
no superiors for devotion to the sacred
cause, or the honorable performance of
duty. The families of many of these brave
men have suffered for the necessaries of
life. And I entreat yon, let it be among
the earliest acts of your bodies to make
such appropriations of money that it can
do - longer be said that the wives and
children of the soldiers of Louisiana are in
want while the State has a dollar left in
her treasury. All proper efforts should be
made and inducements offered to increase
the volunteer force of this State. We will
thus aid materially in the speedy restora-
tion. of peace and the prosperity of the
people, and furnish the best proof of loy-
alty. I am informed by the adjutant
general of the State that he has not yet
received the papers, records or files which
should furnish him with the number of men
who have been enlisted in the State, or the
present condition of the Louisiana regi¬
ments ; but everything is being done to
obtain with all possible accuracy the name
of every such person, so that justice may be
done to them if living, and to those who
are allied to them, if they have fallen in
the strife.
Unless the military authorities order an
enrollment of the able-bodied citizens of
this State, I advise that immediate steps be
taken to enroll every such person in accor-
dance with law. In case of necessity, I feel
sure that the loyal people of this State will
respond with alacrity and enthusiasm to
any call made upon them by their country.
We need no enrollment to affect the patriotic
portion of our population, for when the
hour comes for them to strike, they will be
found ready. It is to compel the co-operation
of the lukewarm and indifferent, who live
on the bounty and kindness of the govern-
ment, while by their silence and inaction
they give aid and comfort to its enemies,
that this measure is needed. In case of
emergency, these men must be forced to do
their duty, and it is only by such means
that we can know who they are. You will
have also to frame a law for the organ-
ization of the militia of the State. It should
be so constructed, that while it will prove
efficient as a military system, it will also
present inducements for the young men of
Louisiana to enter the ranks of State service.
The frequent refusal by foreign residents
among us'to perform militia duty, or to aid
in the local defence of their places of re-
sidence, and to do what is incumbent upon
them by international law, should receive
legislative condemnation.' Indeed, while
we should open our doors to the oppressed
and liberty-loving people of everv clime,
we should ibe careful in granting any
privilege to persons who merely come to
this country for purposes of gain, and who,
after a residence among us of five years,
are not sufficiently attached to its govern-
ment to throw off their allegiance and
laecome citizens of our own great country.
These are questions of vital importance,
and should receive your early and careful
attention.
The great duty of the Legislature will
be to provide a system of laws applicable-
to the new condition of things consequent
upon the attempt to overthrow the govern-
ment. The obliteration of an interest so
extended as that of slavery, necessarily
makes great changes in the events, opinions
and business of the people ; and the high-
est possible wisdom is required to adapt
the State to its new condition. The change
from servile to compensated labor, requires
careful, liberal and humane legislation, in
order to secure the rights of those people
who have not been accustomed to provide
for and protect themselves. Inasmuch as
Louisiana is the first State that makes this
12
JOURNAL
change upon an extended scale, so it ought
to he first to establish a system of govern-
nient which shall meet all the exigencies
of the case, securing to the public the
products upon which the wealth of the
Slate and people depend, and to laborers
their full rights. The provisions of our
Civil Code, relative to the contract of letting
and hiring of labor, furnish but a scant and
impelled plan for the material now on our
hands. The legislation of the West Indies
tarnishes but an imperfect guide, because
the interest is much less than that of Louis-
iana, and the government despotic, rather
than popular. Counsel should he taken
and suggestions invited from intelligent
people of all parts of the world upon this
subject, and such system established as
wili, while it will meet our wanls, furnish
a model for the legislation of other States.
It need not be executed in a hurry ; the
subject is of the highest possible impoi*-
tance and should he dealt with in a spirit
of enlightened liberality and humanity.
The assistance of the military authorities
furnishes an immediate government, but
another system must be established ulti-
mately, and the people cannot begin too soon
to prepare.
It will be your duty to provide for the
education of all children of the State,
between certain ages, by the establishment
and maintenance of public schools. Know-
ledge, which has heretofore been granted
only to the white children of our State, will
now be,diffused among all children, without
distinction of race or color; and I hope
that ip' .your legislation on this important
subject^.. such provision will be made as
shall'^secure to the blacks all the benefits
of education vouchsafed to white persons,
and that no undue and prejudiced pre-
ference may be shown. Public schools for
white children, carried on by the civil
authorities, have been in existence and are
in a flourishing condition in this city and
some of the country parishes, while schools
for colored children, established by the
military authorities, are in successful opera-
tion in many localities. It will be the duty
of the Legislature to extend over all its
protection and care, and devise the rules of
government for each class. As public
education is, above and beyond all other
domestic questions, the most deserving of
attention, I cannot too earnestly or forcibly
impress upon you the duty of giving this
subject your most zealous and careful
study. Without general education liberty
has no guarantee, society is always menaced,
and virtue itself is without a safeguard.
The city of New Orleans having been de-
signated as the seat of government, it was
eminently just in theframers of oiu* organic
law to insist upon a proper police of per-
manent citizens, and that neither the mem¬
bers of the police nor (he mechanics and
laborers on the public works should here-
after be the objects of oppression by a
sudden or unwarrantable reduction of their
pay. The constitutional provisions relating
to the public affairs of the city of New ■
Orleans will require the framing of a new
city charter ; and I deem it of the highest
importance that such a charter as a city of
the commercial pre-eminence as New Or-
leans has been and cannot fail to be in the
future, ought to he so made that with slight
modifications it may last for many years
to come. Such an one should he f;amed
in no narrow or contracted spirit, nor with
the view to the promotion of any class for
merely selfish interests or political par-
tizanship ; but with comprehensive liber-
ality, under which its commerce would he
enlarged, its revenues increased, its public
institutions of every kind multiplied, its
wealth, and its happiness, tranquillity and
prosperity advanced and secured, so far as
such instruments can be made to conduce
to sucb ends. A number of unnecessary
officers should be dispensed with, and no
salary should be paid from the public
treasury to officei's except to such as are
actually require I and as perform some
useful labor.
According to law, the election of
presidential electors is to take place in
November. I know of no reason why
Louisiana should not participate in that
election on a footing with the other States.
She has forfeited her rights under no consti-
tutional provision or Congressional statute.
She has instituted civil rule, and has a loyal
State goverment, embracing executive,
legislative and judicial branches ; all of
which are in effective operation. In the at-
tributes of State government she stands the
peer of the loyal States whose soil has
never been trodden by the toot of the
rebellion. That she has suffered by the
rebellion and the temporary rule of the
rebel Confederacy, is hex misfortune ; but
so firr as the laws at present stand, it is no
abridgment of the rights of her loyal cit-
izens. The details of holding this election
are provided for by our statutes, and they
all appear applicable and adapted to the
occasion except the sections1 creating elec-
toral districts, and requiring the residence
of candidates for electors in the several
separate districts.
The charitable institutions of this
State, which have hitherto depended for
their support on revenues derived from
their own property or from appropriations
made by the Legislature, have suffered
severely during the past few months.
Although frequent and earnest applications
have been addressed to me for relief, I have
not been willing to assume the responsi-
bility of. drawing from the treasury the
OF THE SENATE.
13
large amounts which the wants of these
institutions seemed to require. The only
cases in which I have . authorized the
payment of money to such institutions, are
those of the Charily Hospital of this city,
and the Asylum for the Blind, Deaf and
Mute, at Baton Rouge. The late Constitu-
tional Convention made an appropriation
for other charitable purposes, which was
expended by a special commission. The
impossibility of reaching the Insane Asy-
lurn, at Jackson, on account of the war, has
compelled the city of New Orleans to
establish a temporary asylum for the un-
fortunate beings who are bereft of reason.
The whole subject of public charity, at
this time, requires a thorough investigation
in a spirit of true philanthropy, and calls
for the most careful, discriminating and en-
lightened legislation. I cannot too strongly
invite your consideration to the Charity
Hospital—an institution which has at all
times opened wide its hospitable and
merciful portals to the afflicted, without
discrimination of race, clime or creed. At
present, and for some time- past, it has been
sustained by revenues secured t9 it by law
and accruing to it from various sources—
from rations supplied by the military
authorities, and by monthly payments taken
from the State treasury for the laudable
and indispensable purpose of making up
absolute deficiencies, under a most eco-
nomical administration.
There are many other subjects of im-
portance which require your consideration
and action, and on which I might dwell, but
I prefer to refer you to the reports of the
different State officers, in which they are
set forth and developed wiih greater mi-
nuteness and accuracy than I could posei-
bly employ, unless by an unpardonable
repetition of their own language. I ask
your earnest attention particularly to re-
ports of the auditor of public accounts and
the attorney general.
Although the new Constitution has fixed
the term of the State officers at four years,
it has wisely provided that the term of
those now in office (who were elected at a
time when many parishes could not parti-
cipate in the election,) shall expire at an
earlier day in case of a restoration of peace
in the whole State ; and it is made my duty
as soon as an election can be held "in
every parish of the State," to declare the
fact aud order a new election. I need
hardly tell you that I shall have real
pleasure when this event shall be at hand.
While I have the best reasons for believing
that the rebellion is now almost extinct in
every portion of the State, aud that only
scattered fragments smoulder in insignifi-
cant proportions at different points, the
time so anxiously desired by me to sur-
render my trust has not yet come. Let us
hope thas it may not be delayed many
months. We have good grounds forbeliev-
ing that circumstances will soon have com-
pletely changed, so that every parish will
have returned to its duty, assisted and pro-
tecied by the national power, and the whole
people will exercise their right to elect
State officers. My own ambition in accept-
ing office was to aid the cause of the Union
and to give slavery its death-blow. So far
as I have been instrumental in achieving
this great work in Louisiana 1 rejoice, as I
shall also rejoice when the State, once again
united and loyal, relieves me of the honors
I feel my own inability to carry.
The rebellion everywhere is at its last
gasp. The triumphs of Farragut, of Slier-
man(both names ever dear to Louisianians),
of Sheridan and Grant, give assurance that
the period is at hand which will witness the
inglorious end of the most extraordinary
treason to be read of in human history.
Everything portends a general collapse
within the contracted lines of treason. The
hopes of Davis and his associates for foreign
succor are completely dissipated. Their
anticipations of divisions at the North, of
pecuniary embarrassments, of inability to
enforce the draft, have all proved delusions.
Never before has the nation had so much
ground for confidence that the heart of the
rebellion is broken, as at this moment. This
achieved, and with no canker in the heart
of the Republic to reproduce at any future
time the horrors of the present, the onward
course of this mighty nation will meet no
danger, can experience no interruption,
will be disputed by no rival. With hearts
full of gratitude to Him who rules over na-
tions for His past goodness and with the
wisdom, patriotism and fortitude becoming
the occasion, let us apply ourselves to the
important duties assigned us by our fellow-
citizens and to the sacrifices demanded by
the best interests of our Union.
MICHAEL HAHN.
New Orleans, Oct. 3, 1864.
The message having been read, was, on
motion of Mr. Kavanagh, ordered to be
spread on the journal.
On motion of Mr. Montamat, one thou-
sand copies of the governor's message was
ordered to be printed. '
The assistant door-keeper was then
sworn in.
Mr. Montamat called up his joint resolu-
tion relative to the election of an official
printer.
Mr. Kavanagh moved to lay the joint
resolution" on the table, upon which motion
the yeas and nays were ordered, when
Messrs. Bell, Boyce, Benson, Griffith, Hart,
14
JOURNAL
Kavanagh, Lawton, Mitlioff, Nicolas,
O'Connell and Wright—11 senators, voted
yea, and
Messrs. Barrett, Brown, Gastinel, Lara,
Montamat, Purcell, Sullivan, Smith, Spring-
er and Watson—10 senators, voted nay.
Consequently the motion prevailed and
the resolution was tabled.
Mr. Kavanagh moved to adjourn, upon
which motion the yeas and nays were de-
manded, when
Messrs. Bell, Boyce, Benson, Griffith,
Hart, Kavanagh, Mithoff, Nicolas and
Wright—9 senators, voted yea, and
Messrs. Barrett, Brown, Gastinel, Lara,
Lawton, Montamat, Purcell, O'Connell, Sul-
livan, Smith, Springer and Watson—12 sen-
ators, voted nay.
Consequently the Senate refused to ad-
journ.
The reading of the journal was then re-
sumed and the minutes approved.
The president announced, that in accord-
ance with a resolution of the Senate
adopted on yesterday, authorizing him to
have the printing done, he had selected the
Era office to do the work until an official
printer is elected.
By a message from the House, through
Mr. L. C. Westerfield, its clerk, the concur-
rence of the Senate was requested in a
joint resolution to go into joint session for
the purpose of electing an official printer
to-day, at 2 o'clock, p. m.
The message of the House was taken up,
the joint resolution was read, and on a mo-
tion being made to suspend the rules to
take immediate action, the same was nega-
lived, when
The Senate adjourned until 12 o'clock, m.,
on Monday next.
Approved.
John E. Neelis,
Secretary.
Monday, Oct. 10, 1864.
The Senate was called to order at 12, m.,
pursuant to adjourment. Present—Hon.
Madison Wells, president of the Senate, and
twenty-four senators.
The proceedings were opened with prayer
by Rev. Mr. Chubbuck.
The journal of Friday was read and ap-
proved.
The president laid before the Senate a
communication from the secretary of state,
enclosing the printed report on the state
library, which was, on motion, received and
ordered to be laid on the desks of the
members.
Mr. Boyce presented a resolution to meet
in joint session this day at 2 o'clock, for the
purpose of electing two United States sen-
ators, which was, on motion, adopted, the
rules having been suspended for that pur-
pose. The secretary was directed to re-
quest the concurrence of the House thereto.
Mr. Kavanagh presented the following :
Resolved, That the Committee on En-
rollment of the Senate be requested to
cause to be translated into French the
message of the governor, and to have five
thousand copies of the same printed in
pamphlet form, to be distributed by the
secretary of state, in this city and in the
country parishes.
On motion, the foregoing was taken up
and read, when
Mr. O'Connell moved to amend by add-
ing, " and one thousand copies in Italian,"
which amendment was laid on the table.
Mr. Mithoff moved to amend by inserting
five thousand (twenty-five hundred in
French and twenty-five hundred in Ger-
man), which amendment was accepted, and
the resolution adopted.
Mr. Montamat called up the joint resolu-
tion of the House relative to the election of
an official printer, and on his motion, the
resolution was amended by substituting
" Monday," (this day) at 2 o'clock, p. m.,
for " Friday," which was adopted, and the
resolution concurred in as amended. The
secretary was directed to inform the House
thereof.
Mr. Montamat presented a memorial of
sundry citizens, property holders of the
Fauburg Treme, asking for the passage of
" An act to authorize the city corporation
of New Orleans to build a bridge over
Canal Carondelet, opposite Galvez street,
similar to the one now built over said
Canal Carondelet, opposite Broad street,"
which bill accompanied the memorial.
The same was read a first and second time
OF THE !
and referred to the Committee on Internal
Improvement.
Hon. J. A. Newell, senator elect from the
senatorial district of Avoyelles and Ra-
pides, was sworn in and took his seat.
On motion, the Senate then took a recess
of half an hour, at the expiration of which
time, the president called the Senate to
order, when
A message was received from the House,
through Mr. Westerfield, its clerk, inform-
ing the Senate that the House had con-
curred in the resolution of the Senate rela-
tive to the election of two United States
senators to-day at 2 o'clock, p. m. ; also,
that the House had concurred in the Sen-
ate's amendment to the House resolution
relative to the election of an official printer.
On motion, the Senate took a recess until
five minutes of 2 o'clock.
after recess.
On being called to order, the roll was
ordered to be called, when 25 senators
answered to their names.
The secretary was then directed to in-
form the House that the Senate is now rea-
dy to meet the House in joint session.
Mr. Nicolas, on behalf of the Committee
on Enrollment, submitted the following :
To the honorable president and members of
the Senate:
The Committee on Enrollment beg leave
to report that the Senate having ordered
the translation of the message of the Gov-
ernor, the immediate appointment of the
translator has become necessary, and that
your committee have unanimously appoint-
ed P. E. The'ard, Esq., and recommend that
he be sworn accordingly, as official trans-
lator of the Senate.
The whole of which is respectfully sub-
mitted.
Jos. Nicolas, Chairman,
John A. Newell,
M. D. Kavanagh,
Jno. Purcell,
John P. Montamat.
On motion, the foregoing report was re-
ceived and further action postponed thereon
until to-morrow.
By a message from the House, through
Mr. Westerfield, the Senate was informed
that the House is now ready to receive the
Senate.
The Senate then repaired to the Hall of
the House of Representatives.
SENATE 15
joint session.
The object of the joint session having
been explained by the president of the
Senate, the secretary of the Senate called
the roll of the Senate, when 25 senators
answered to their names. The clerk of the
House then called the roll of the House,
when 79 representatives answered to their
names, making a total of 104 members of
the General Assembly.
On motion, the General Assembly then
proceeded to ballot for a United States
senator, in the place of John Slidell.
Nominations being declared in order,
Messrs. Foley and Sullivan nominated Hon.
R. K. Cutler ; Mr. Boyce nominated Hon.
Charles Smith.
Mr. Benson nominated Hon. Cuthbert
Bullitt.
Mr. O'Connell nominated Hon. E. H.
Durell.
Mr. Purcell nominated Hon. J. Madison
Wells.
Mr. R. M. Miller nominated Hon. A. P.
Dostie.
Mr. Wells returned thanks to the gentle-
man who nominated him and to the friends
who intended to support him ; but having
no desire to be elected, he declined the
nomination.
Mr. Boyce withdrew the name of Mr.
Smith.
There being no other nominations, the
General Assembly proceeded to ballot
with the following result: v
Senate—For B. King Cutler: Messrs. Bar-
rett, Bell, Boyce, Gastinel, Hart, Jones,
Kavanagh, Lawton, Montamat, MithofF,
Newell, Nicolas, Purcell, Sullivan, Smith,
Springer, Wright and Wood—18.
For C. Bullitt—Messrs. Brownlee, Brown,
Benson, Griffith, Lara and Watson—6.
For F. II. Durell—Mr. O'Connell—1.
House—For B. K. Cutler: Messrs. Bovee,
Bouligny, Bofill, Baum, Balser, Brown,
Bensel, Badger, Burke, Boudreaux, Buck-
ley, Cook, Creigh, Collins, Chamberlain,
Corley, Duane, Decker, Dejean, Danel,
Egan, Ennis, Foley, Gannon, Galligar,
Harnan, Howes, Haberlin, Henratty, Haw-
kins, Hawthorne, Ingram, Kavanagh, Kleas,
Kamper, Laster, Lester, Laloire, Lewis,
McCann, McDonnell, McGuire, Miller W.
D., Meeks, Maas, Michel, O'Conner, Poynot,
Pearson, Riggs, Spellicy, Schillang, Sey-
mour, Shaw, Tully, Walsh, Waters, Wood,
Wheeler—59.
18
JOURNAL
lor 0. Bullitt—Messrs. Bangs, Belden S.,
Christie, Evans, Griffith, Miller R. M., Mace,
Marye, Robinson, Rotge', St. Martin, Smith,
Todd and Woodward—14.
For E. II. Durell—Messrs. Bisbee, Breck-
enridge, Belden II. C., Belden R. L.,
Nephler aild Senette—6.
recapitulation.
For R. K. Cutler 77
ForC. Bullitt 20
For E. H. Durell 7
Mr. Cutler was declared duly elected
United States senator, in place of Mr. Sli-
dell.
The General Assembly then proceeded
to the election of a senator in place ol J.
P. Benjamin. Nominations being declared
in order,
Mr. Michel nominated Hon. Charles
Smith.
Mr. Baum nominated Hon. Cuthbert Bui-
litt.
Mr. Montamafc nominated Hon. E. H.
Durell.
The General Assembly then proceeded
to ballot, with the following result:
For Mr. Charles Smith—Messrs. Bell,
Brown, Boyce, Gastinei, Griffith, Hart,
Jones, Eavanagh, Lawton, Mithoff, Newell,
Nicolas, O'Connell, Springer, Watson,
Wright and Wood—17 senators.
For E. II. Durell—Messrs. Brownlee, Bar-
rett, Benson, Lara, Montamat and Purcell—
6 senators.
For C. Bullitt — Messrs. Sullivan and
Smith—2 senators.
For C. Smith—Messrs. Bovee, Bouligny,
Bofil, Burke, Boudreaux. Breckenriclge,
Buckley, Belden S., Cook, Chamberlain,
Duane, Decker, Dejean, Egan, Ennis,
Foley, Gannon, Galligar, Griffith, Haberlin,
Hawthorne, Ingram, Kavanagh, Kleas,
Kamper, Lester, Laloire, Lewis, McDonnell,
McGuire, Miller W. D., Meeks, Michel,
Nephler, O'Conner, Poynot, Spellicy, Schil-
lang, St. Martin, Shaw, Todd, Waters,
Wood, Woodward and Wheeler—45 repre-
sentatives.
For C. Bullitt — Messrs. Baum, Balser,
Brown, Bensel, Badger, Bisbee, Belden
H. C., Belden R. L., Creigh, Collins, Chris-
tie, Corley, Danel, Evans, Harnan, Howes,
Henratty, Hawkins, Laster, McCann R. M.,
Miller, Maas, Mace, Marye, Pearson,
Robinson. Rotge, Riggs, Seymour, Smith,
Senette, Tully and "Walsh—33 representa-
tives.
For E. U. Durell—Mr. Bangs—1 repre-
sentative.
recapitulation.
C. Smith 62
C. Bullitt 35
E. H. Durell 7
Mr. Smith was thereupon declared duly
elected as United Slates senator to fill the
unexpired term of Mr. Benjamin.
On motion of Mr. Baum, the Assembly
proceeded to vote for official printer.
Mr. Duane nominated Mr. W. R. Fish of
the True Delta, and Mr. McDonnell, Messrs.
Tracy & Fairfax of the Era.
The following was the result:
Senate—For W. B. Fish—Messrs. Bar-
rett, Brownlee, Boyce, Gastinei, Hart. Jones,
Kavanagh, Lawton, Montamat. Newell,
Nicolas, Purcell, 0'Connell, Sullivan—14.
For Fairfax & Tracy — Messrs Bell,
Brown, Benson, Griffith, Lara, Mithoff,
Smith, Springer, Watson, Wright and Wood
—11.
House—For W. B. Fish—Messrs. Bovoq,
Bouligny, Bofil, Baum, Bensel, Badger,
Bisbee, Burke, Boudreaux, Bangs, Breck-
enridge, Brooks. Buckley, Creigh, Collins,
Chamberlain, Christie, Duane, Decker,
Dejean, Egan, Evans, Foley, Gannon,
Galligar, Harnan, Howes, Henratty, Haw-
kins, Hawthorne, Ingram, Kavanagh,
Kamper, Lester, Lewis, Miller W. D., Mil-
ler R. M., Meeks, Maas, Marye, Nephler,
O'Conner, Poynot, Robinson, Riggs, Spel-
licy, Schillang, Seymour, St. Martin, Shaw,
Sennett, Walsh, Waters, Wood and Wood-
ward—54.
For Fairfax & Tracy — Messrs. Balser,
Brown, Bernard, Belden II C., Belden R. S.
Cook, Corley, Daniel, Ennis, Griffith, Haber-
lin, Kleas, Laster, Laloire, McCann, Mc-
Guire, McDonnell, Michel, Mace, Pearson,
Rotge', Smith, Tully, Todd, Wheeler—25.
recapitulation.
W. R. Fish 68
Tracy & Fairfax 36
Mr. Fish was thereupon declared duly
elected as the official state printer.
On motion of Mr. Michel, a committee of
three members on the part of the House,
and two on the part of the Senate, was
appointed to inform Messrs. Cutler, Smith
and Fish of their election.
Messrs. Michel, Christie and Seymour on
the part of the House, and Messrs. Purcell
and Nicolas on the part of the Senate, were
appointed to compose said committee.
On motion, the Senate then retired to the
Senate chamber, when it adjourned until
11 o'clock, a. m., to-morrow.
Approved.
John E. Neelis,
Secretary.
OF THE SENATE.
17
Tuesday, Oct. 11,1864.
The Senate was called to order at 11
o'clock, a. si. pursuant to adjournment.
Present—Hon. J. Madison Wells, lieuten-
ant governor and president, in the chair,
and 21 senators.
The journal of yesterday was read and
approved.
Mr. Nicolas, on behalf of the Committee ,
on Enrollment, submitted the following
report:
The Committee on Enrollment beg leave
to report, that they have appointed Messrs.
P. A. Cazeau, Joseph A. Purcell, H. Van-
derlinden, H. A. Laferandrie and George
R. Phelps, as enrolling clerks.
That they recommend that their per diem
be fixed at five dollars, and that according
to the labor made, they may also, each of
them, be entitled to a gratification at the
end of the session.
All of which is respectfully submitted.
Signed, JosTi Nicolas, Chairman.
M. D. Kavanagh,
John A. Newell,
John P. Montamat.
On motion of Mr. Boyce the foregoing re-
port was received, and the enrolling clerks
named therein were duly sworn in as such.
Mr. P. E. The'ard was sworn in as trans-
lating clerk.
Mr. Gastinel presented the following,
which was adopted:
Resolved, That the members of the Senate
be each furnished, during the present ses-
sion, with five daily newspapers, to be se-
lected by •themselves, to be paid out of the
contingent funds. The same to be furnished
by the post-master of the Senate.
The same member presented a joint reso-
lution to appoint a joint committee to re-
vise the city charter.
On motion, the rules were suspended,
the foregoing resolution underwent its first,
second and third reading, and was adopted ;
whereupon the president appointed Messrs.
Gastinel, Montamat, Boyce, Griffith, O'Con-
nell, Sullivan and Kavanagh to compose
the committee on the part of the Senate.
The secretary was directed to inform the
House thereof.
The same member obtained leave, and
introduced a bill entitled " An act to re-
peal an act to regulate the jurisdiction of
justices of the peace in the parish of Or-
leans, in certain cases, which was laid over
under the rules.
a2
On motion of Mr. Boyce, two thousand
additional copies of the governor's message
were ordered to be printed in English.
On motion of Mr. Kavanagh, the vote of
yesterday ordering the printing of five
thousand copies of the message in French
and German, was reconsidered, and the-
number reduced to three thousand copies
—fifteen hundred in each language.
Mr. Mithoff stated that the Siaals Zeilung
had already printed 1500 copies of the mes-
sage in German, and, on his motion, they
were ordered in lieu of having them print-
ed again.
By a message from the House, through
Mr. Westerfield, its clerk, the Senate was
informed that the House had concurred in
the joint resolution to appoint a joint com-
mittee to revise the city charter, and that
the speaker had appointed Messrs. Baum,
Christie, Seymour, Shaw, Foley, Laloire,
Riggs, Cook, Lewis and Miller, on the part,
of the House.
Mr. Sullivan gave notice that on some
future day he will present a bill relative
to District Courts for the parish and city of
New Orleans.
Mr. Montamat presented the following;
Resolved, That the Finance Committee
be and is hereby authorized to appoint a
warrant clerk—said clerk to act as clerk to
the Finance Committee.
Mr. Bell moved as a substitute that the
Senate proceed to elect a warrant clerk.
Mr. Montamat moved to lay Mr. Bell's
motion on the table, upon which motion
the yeas and nays were demanded, when
Messrs. Brownlee, Benson, Gastinel, Grif-
fith, Kavanagh, Lara, Lawton, Montamat,
Mithoff, Newell, Nicolas, Sullivan and
Wood—13 senators, voted yea; and Messrs..
Barrett, Bell, Brown, Boyce, Hart, O'Con-
nell, Watson and Wright—8 senators, voted
nay.
Consequently, Mr. Bell's motion was laid
on the table.
The question recurring on the adoption
of the original resolution, it was carried.
On motion, the following committees
were authorized to employ clerks : Judi-
ciary, Banks and Banking, Claims, Militia
and Internal Improvements.
18
JOURNAL
On motion, the Senate then adjourned
until 12 o'clock, m. to-morrow.
Approved.
John E. Neelis,
Secretary.
Wednesday, Oct. 12th, 1864
The Senate was called to order, pursuant
to adjournment. Hon. J. Madison Wells,
lieutenant governor and president of the
Senate, in the chair, and twenty-three sen-
ators present.
The proceedings were opened with
prayer by the Rev. Mr. Guion.
The minutes of yesterday were read and
approved.
The president laid before the Senate the
annual report of the attorney general,
which was read and referred to the Judi-
ciary Committee, except that portion re-
lating to the banks, which was referred to
the Committee on Banks and Banking.
The Finance Committee reported that it
hqd appointed Mr. L. S. Massel as warrant
clerk. Mr. Massel was sworn in by the sec-
retary.
There were no other reports from com-
mittees.
On motion of Mr. Benson, the
vote of yesterday relative to the news-
papers was reconsidered, when the same
member moved that the sergeant-at-arms
be authorized to order the papers instead
of the post-master, but objection being
made, the last motion was withdrawn.
Mr. Boyce presented the following, which
was adopted :
Be it resolved, That the sergeant-at-arms
be allowed to appoint another assistant.
The same member presented the follow-
ing, but subsequently withdrew it:
Besolved, That the Committee on Banks
and Banking, be instructed to call upon the
directors of the Bank of Louisiana, and
ascertain if they are ready to place in the
treasury of the State of Louisiana, in funds
equivalent in value of United States
treasury notes, their indebtedness of de-
posits, held by said bank, to the State of
Louisiana.
M. D. Kavanagh gave notice that he will
at some future clay introduce a bill entitled
'• An act to regulate and define costs and
fees of clerks of courts and sheriffs through-
out the State."
Mr. Mithoff presented the following,
which was read a first and second time,
ordered to be printed, and made the order
of the day for Monday next:
Whereas, The so-called Confederate Gov-
ernment, by unjust and arbitrary conscrip-
tion laws, in the most brutal and cruel
manner, dragged from their homes and
families thousands of our truly loyal citi-
zens and forced them into their armies,
thereby exercising a tyranny such as the
world has never before witnessed : be it
therefore
Besol ved, That the governor of this State
be requested and instructed to issue his
proclamation of amnesty, extending pardon
to all the citizens of this State, under the
grade of colonel, now serving in the ranks
of the so-called Confederate army ; provi-
ded they avail themselves of this privilege
within ——— days, and upon their taking
the oath of allegiance to the State of Lou-
isiana and to the United States, then the
pardon to extend to both person and
property.
Besolved, That there shall be excepted
from the above pardon and amnesty all
such persons as have committed acts not
sanctioned by the laws of nations.
Besolved, That the attorney general and
the several district attorneys of this State
be ordered, under penalty of loss of office,
to institute criminal proceedings for the
crimes of perjury and treason, or either,
against Thomas Overton Moore, Henry M.
Hyams, T. J. Semmes, E. Warren Moise, J.
R. Benjamin, John Slidell, and all members
of the Legislature of this State in December,
1860, voting for calling the Convention of
this State to deliberate upon the act of se-
cession ; also, all members of said Conven-
tion who voted for or signed said act of se-
cession, by which this State has been
prostrated and ruined ; also, all judges of
the Supreme and Inferior Courts, the public
officers of the State, cities, corporations
and parishes, who have not now renounced
their treasonable acts and returned to their
loyalty. The above mentioned are all ex-
empted from the general amnesty.
Besolved, That all the property of the
aforementioned parties, both personal and
real, shall be seized and sold. The pro-
ceeds of which shall be paid into the public
treasury of the State, where it shall be held
to indemnif3r the losses of loyal citizens of
this State, and to aid and assist destitute
refugees.
On motion the Senate then adjourned,
until 12 o'clock h. to-morrow.
Approved.
John E. Neelis,
Secretary.
OF THE SENATE.
19
Thursday, Oct. 13,1864.
The Senate was called to order pursuant
to adjournment. Present—Hon. J. Madison
Wells, lieutenant governor and president of
the Senate, in the chair, and 20 senators.
The proceedings were opened with
prayer by Rev. Dr. Gilbert.
The minutes of yesterday were read and
approved.
A message was received from the House
through Mr. Westerfield, its clerk, request-
ing the concurrence of the Senate in the
House bill entitled, " An act to provide for
the payment of the officers, members,
and contingent expenses of the General
Assembly."
On motion the rules were suspended,
the foregoing message taken® up, and the
bill read, when
On motion of Mr. Montamat the Senate
went into Committee of the Whole for the
purpose of considering the same—Mr. Mon-
tamat being called to the chair.
After discussing the same the committee
rose,—the president pro tern. in the chair—
when Mr. Montamat reported that the
Committee of the Whole had had under
consideration the bill entitled, " An act to
provide for the payment of the officers,
members, and contingent expenses of the
General Assembly," and had adopted the
same without amendment.
On a further suspension of the rules, the
foregoing bill was read a second and third
time and concurred in. The secretary in-
formed the House thereof.
The president informed the Senate that
on account of the many typographical
errors in the auditor's report, it was neces-
sarily delayed, but that he hoped to have
it ready shortly. He informed the Senate
that two copies of the report were before
the Senate, but in an incorrect state.
The president also laid before the Senate
a printed report from the state treasurer,
which was, on motion, referred to the Fi-
nance Committee.
reports of committees.
The following reports were made and
adopted :
By Mr. Boyce, on behalf of the Committee
on Militia:
The undersigned members of the Com¬
mittee on Militia, beg leave to report, that
they have appointed Charles C. Swenson as
clerk of said committee, and would recom-
mend that he be sworn in as such. They
would further report that one of the mem-
bers of the committee is absent, viz: A. C.
Hills ; and they would ask that the further
action of the committee be postponed until
the said member is present.
C. W. Boyce, Chairman.
John Springer.
By Mr. Purcell, on behalf of the Committee
on Ways and Means :
Your committee would respectfully
represent, that in view of the large amount
of business that will be brought before
them, they have appointed S. G. Hamilton
their clerk, and ask your concurrence in
the same, and that the usual oath be ad-
ministered to him.
Respectfully submitted,
John Purcell, Chairman.
C. W. Boyce,
E. A. Wood,
J. D. O'Connell.
By Mr. O'Connell, on behalf of the Com-
mittee on Internal Improvements :
To the president and members of the Senate:
Gentlemen—Your committee would beg
leave to report that in view of the large
amount of business to be performed, that
they have appointed as their clerk, Mr. D.
C. Brady, and ask that he be sworn in as
such. Respectfully submitted,
J. D. O'Connell,
Z. Griffith,
L Gastinel,
Rob't B. Bell.
R. R. Benson.
Mr. O'Connell, on behal'f of the same
committee, also submitted the following
report:
To the president and members of the Senate :
Gentlemen—Your Committee on Internal
Improvements, (to which was referred the
memorial of the property holders and citi-
zens of the "Suburb Trenffi," in the Second
District of the city of New Orleans, asking
ftfr the passage of an act to authorize the
corporation of said city, to build .a bridge
across the Canal Carondelet, opposite to
Galvez street,) having duly and carefully
examined the charter of the Canal Caron-
delet Company, and finding that the con-
struction of said bridge would be in strict
conformity with the charter, and that such
a bridge is much required for the accommo-
dation of the public,
Your committee would recommend the
passage of an act to authorize the corpora-
tion of the city of New Orleans, to build a
bridge in the manner and place prayed
for.
20
JOURNAL
All of which is respectfully submitted.
J. D. 0 'Coxnkll, Chairman.
R. B. Bell,
R. R. Benson, Jr.,
L. Gastinel,
Z. Griffith.
Mr. Kavanagh gave notice of his inten-
tion, on to-morrow, to introduce a bill to
provide for the appointment of presiden-
tial electors, for the State of Louisiana.
Mr. Sullivan offered the following, which
was adopted:
Resolved, That the Committee on Federal
Relations be authorized to appoint a clerk.
Mr. Boyce presented the following:
Resolved, That two hundred and fifty
copies of the attorney general's report be
published for the use of the 'Senate.
Mr. O'Connell presented the following
as a substitute for the foregoing, which was
accepted, and adopted by the Senate.
Resolved, That the cost of printing 250
copies of the attorney general's report to
the Legislature of Louisiana, which copies
were ordered by that officer before the
election of state printer, and for the pur-
pose of communicating early information
to said Legislature, be charged to, and
paid for by said State, in the same manner
as all other public documents.
Resolved, That in addition to the fore-
going number of copies already printed,
250 more copies be ordered at the expense
of the State.
Mr. Benson, on behalf of the special joint
committee, submitted the following, which
was adopted:
Report of the joint committee of the Senate
and House of Representatives on per diem
of officers and employes of the General
Assembly:
Speaker of House, per day $ 16 00
Sect'y of Senate, per annum,
payable on his own warrant.... 2,000 00
Ass't sec'y of Senate, per day
during session 8 00
Clerk of House, per annum 2,000 00
Asst't clerks, per day, during
session 8 00
Sergeant-at-arms, per annum,)
payable monthly, on his >•.. 2,000 00
own warrant )
Ass't sergeants-at-arms, per
day 4 00
Post-master, per day...... 4 00
Warrant clerk, " 8 00
Enrolling clerks, " 5 00
Clerks of committees " 5 00
Messengers, " 3 00
Door-keeper, " 4 00
Ass't door-keeper, " 3 00
Translators, per day 8 Oh
Reporters, " 6 00
Salaries to commence from the date of
appointment.
All of which is respectfully submitted.
Your committee beg leave to be dis-
charged.
R. R. Benson,
Chairman of Committee of the Senate.
John Foley,
Chairman of Committee of the House.
The following resolution, offered by Mr.
Barrett, was adopted' after the Senate had
refused to reconsider the vote on Mr.
Wright's motion to allow the Committee
on Commerce and Manufactures to employ
a clerk.
Resolved, That the Committee on Com-
merce and Manufactures be authorized to
employ the clerk of any committee, when-
ever they deem necessary, without extra
pay.
The clerks appointed by the various
committees were then sworn in.
On motion of Mr. O'Connell, 50 copies
of the speech of Mr. Mithoff, were ordered
to be printed.
Leave of absence was granted to Mr.
Nicolas, for a few days.
Mr. Montamat obtained leave to call up
his bill, entitled "An act to authorize the
corporation of the city of New Orleans to
build a bridge across Canal Carondelet,
' opposite Galvez street." The rules having
been suspended, the bill was read a second
and third time, and passed with its title.
The secretary informed the House thereof,
and requested its concurrence therein.
Mr. Montamat obtained leave to intro-
duce without previous notice, a bill en-
titled " An act to provide for the recording
of marriages in the parish of Orleans,"
which was laid over under the rules.
On motion the Senate then adjourned
until 12 o'clock m. to-morrow.
Approved.
John E. Neelis,
Secretary.
Friday, Oct. 14, 1864.
The Senate was called to order at 12
o'clock m. pursuant to adjournment, by
Hon. Charles Smith, president pro tern, of
the Senate, and the roll being called, a
quorum was found to be present.
OF THE SENATE.
21
The proceedings were opened with prayer
by Rev. Mr. Chubbuck.
The journal of yesterday was then read
and approved.
Mr. Mithoff, on behalf the Committee on
Banks and Banking, reported that the com-
mittee had appointed Mr. J. B. Vaughn as
its clerk. Mr, Vaughn, also Mr. Hamilton,
•were sworn in as clerks of their respective
committees.
Mr. Montamat then called up his bill en-
titled, "An act to provide for the recording
of marriages in the parish of Orleans,"
which was read, and, on motion, fifty copies
were ordered to be printed, and the bill
was made the order of the day for Thurs-
day next.
Mr. Purcell offered a joint resolution re-
quiring the commissioners of the 1st, 2d
and 3d draining districts to report to the
Legislature at as early a day as possible :
1st. The amount of money collected from
property holders.
2d. If any taxes have been collected in
advance.
3d. If taxes have been collected on lands
not subject thereto.
4th. If any money has been drawn from
the trust fund to pay other than the re-
demption of drainage bonds and the inter-
est coupons thereto attached.
5th. A detailed account of all moneys
paid out.
6th. A statement of the length of canal
excavated, and the amount of square yards
of earth removed.
7th. The names of the commissioners of
each board, by whom appointed, their term
of office, &c.
On motion, the foregoing was read a first
-and second time, and referred to the Com-
mittee on Internal Improvements.
Mr. O'Connell gave notice that he will
on some future day bring in a bill for the
enforcement of article 123 of the Constitu-
tion.
The Senate then took a recess until 2
o'clock, at the expiration of which time it
was again called to order, and a quorum
being present,
Mr. Brownlee gave notice that on some
future day he will introduce a bill in rela-
tion to the fees of the constable of the Sixth
Justice's Court, parish of Orleans, right
bank.
According to previous notice Mr. Kava-
nagh offered a bill for the regulation of the
fees of sheriffs and clerks of courts for all
services performed by them, which was read
a first and second time, and referred to the
Judiciary Committee.
Mr. Montamat moved that Monday next,
the 17th inst., be set aside for the senators
to draw lots for the long and short terms.
On motion of Mr. O'Connell, the motion
of Mr. Montamat was laid on the table.
The Senate then adjourned until 12
o'clock m. Monday.
Approved.
John E. Neelis,
Secretary.
Saturday, Oct. 15, 1864.
The Senate was called to order at 12
o'clock m. pursuant to adjournment, Hon.
Charles Smith, 'president pro iem., in the
chair, and 21 senators present.
The proceedings were ppened with prayer
by Rev. Mr. Guion.
The Committee on Federal Relations re-
ported, that Mr. Pfaff had been appointed
by the committee as its clerk. Mr. Pfaff
was sworn in by the secretary.
Mr. Montamat presented the following
resolution, which was amended, on motion
of Mr. Boyce, by striking out the Commit-
tee on Contingent Expenses, and inserting
in lieu thereof the Committee on Audit-
ing and Supervising the Expenses of the
Senate:
Resolved, That hereafter no officers or
employes of the Senate, shall have the
right of purchasing any articles whatso-
ever, without the approval of the Committee
on Contingent Expenses.
Resolved further, That no bill contracted
for the Senate shall be paid until it has been
first submitted to the Senate and approved.
The resolution was adopted, as amended
by Mr. Boyce.
Mr. Hart presented the following, which
lays over under the rules :
Resolved, That a committee of three be
appointed by the Senate to wait upon the
proper authorities and inquire into the ex-
pediency of raising the salaries of foremen,
mechanics, cartmen and laborers employed
on the public works uhder the government
of the State of Louisiana, city of New Or-
leans, and the police juries of the various
parishes of the State.
Mr. O'Connell presented a joint resolu-
22
JOURNAL
tiorf to appoint a joint committee to exam-
ine the books of the state treasurer, which
was laid over under the rules.
Mr. Wood presented the following, which
was laid on the table :
Resolved, That the sergeant-at-arms be
authorized to appoint two police officers
to maintain order during the session, inde-
pendent of ilie city police.
The bill of Mr. Gastinel entitled, " An
act to repeal an act to regulate the juris-
diction of justices of the peace of the parish
of Orleans in certain cases," was read a
second time and referred to the Judiciary
Committee.
Mr. Benson moved that hereafter no
smoking be allowed in the Senate chamber
while the Senate is in session.
Mr. Montamat moved to table the motion,
when the yeas and nays were demanded,
and
Messrs. Griffith, Montamat, O'Connell,
Sullivan and Springer—5 senators, voted
yea; and
Messrs. Barrett, Bell, Brownlee, Benson,
Brown, Boyce, Gastinel, Hart, Kavanagh,
Lara, Lawton, Mithoff, Newell, Purcell,
Watson, Wright and Wood—17 senators,
voted nay.
The motion was therefore lost, and
The question recurring on the adoption
of the original motion of Mr. Benson, the
yeas and nays were again demanded, when
Messrs. Barrett, Bell, Brownlee, Brown,
Boyce, Benson, Gastinel, Hart, Kavanagh,
Lara, Lawton, Mithoff, Newell, Purcell,
Sullivan, Springer, Watson and Wright—18
senators, voted yea: and
Messrs. Griffith, Montamat, O'Connell
and Wood—4 senators, voted nay.
The original motion was therefore carried
Mr. O'Connell, according to previous
notice, introduced a bill to enforce article
123 of the Constitution.
Mr. Kavanagh moved to reject the bill;
upon which motion the yeas and nays were
ordered, when
Messrs. Bell, Brownlee, Boyce, Benson,
Kavanagh, Lara, Montamat, Newell, Sulli-
van, Springer and Wood—11, voted yea
and
Messrs. Barrett, Brown, Gastinel, Griffith,
Hart, Mithoff, Purcell, O'Connell, Watson
and Wright—10, voted nay.
The president pro tern., (Mr. Smith,)
voted in the negative, causing a tie, where-
upon the question under the rules was de¬
clared lost, and the bill was placed on the
calendar for its second reading.
A motion having failed, by a vote of 8
yeas to 13 nays, for a suspension of the
rules, in order to pass it to a second
reading—
Mr. Gastinel agreeably to previous
notice, introduced a bill entitled, " An act
relative to district courts for the parish
and city of New Orleans," which was read
and placed on the calendar for its second
reading.
Mr. Benson gave notice that on some
future day he will introduce a bill defining
and fixing the mileage of members.
On motion of Mr. Sullivan, the names of
two additional members were added to the
committee on Auditing and Supervising
the expenses of the Senate.
The president appointed thereon Messrs.
Sullivan and Griffith.
On motion of Mr. O'Connell, the sergeant-
at-arms was directed to obtain fifty copies
of president Lincoln's amnesty proclama-
tion. The same to be done without cost to
the Senate.
On motion, the Senate adjourned until
Monday, at 12 o'clock m.
* Approved.
John E. Neelis,
Secretary.
Monday, Oct. 17th, 1864.
The Senate was called to order by Hon.
Charles Smith, president pro tern., at 12
o'clock m. pursuant to adjournment.
The roll was called and a quorum
answered to their names.
The proceedings were opened with
prayer by Rev. Dr. Newman.
The journal of Saturday was read and
approved.
On motion of Mr. Montamat, leave of
absence was granted to Mr. Lawton for a
few days.
Mr. Barrett introduced the following
joint resolutions, which were ordered to
lay over under the rules :
Whereas, A numerous portion of the
laboring classes of our city are suffering
for want of employment, their families im-
poverished, and in many instances the fam-
ilies of the late employes of the city are
OF THE SENATE.
reduced to almost starvation, in part owing
to the present embarrassed state of the city
finances, and in consequence of which the
Bureau of Streets and Landings, whose
duty it is to pass upon all contracts, recom-
mend and control all necessary improve-
ments of the city, have, in their wisdom,
caused the discharge of about four hun-
dred laboring men during the past month,
at a time when their services are useful
upon our streets, levees and wharves,
And whereas, Connected with said Bu-
reau of Streets and Landings there is a
bureau styled Bureau of Finance, whose
duty is simply to pass upon claims against
the city, and in our opinion the duties of
both bureaus, which are neither onerous
nor restraining, could be performed by a
committee of our city officers, thereby
saving an unnecessary expense to the city
of from thirty-five to forty thousand dollars
per year, which sum, if saved, would give
employment to eighty laborers, and estimat-
ing an average of five members to a fam-
ily, would be a sufficient sum to feed and
clothe four thousand persons. Therefore,
be it
Resolved by the Senate and House of Rep-
resentatives, etc., That his excellency, Gov.
Hahn, be requested to cause the Bureaus
of Finance and Streets and Landings to be
abolished, and
Be it further resolved, That until there
shall be an election of city officers by the
people, his excellency the governor be
requested to cause the duties devolving on
said Bureaus to be performed by a com-
mittee consisting of the mayor, as chairman,
city treasurer, comptroller, surveyor and
street commissioner, together with two
other citizens, to be appointed. by the
governor, which committee of seven shall
perform said duties, without any remunera-
tion whatever, but shall have power to
employ one secretary at a salary of
dollars.
Mr. Montamat gave notice that on some
future day he will introduce the following
entitled bills:
An act providing for the performance of
the clerical business of the General Assem-
bly.
An act to repeal an act entitled " An
act to establish a Normal School Depart-
ment in the Public High Schools in the city
of New Orleans."
orders op the dat.
The resolutions of Mr. Mithoflf, relative to a
general amnesty, were read a second time
and referred to the Judiciary Committee.
The bill entitled an act to prohibit the
holding of more than one office, was read.
Mr. Montamat moved to lay the bill on
the table, upon which motion the yeas and
nays were demanded, when
Messrs. Barrett, Brownlee, Kavanagh,.
Lara, Montamat, Newell, and Sullivan—
seven senators, voted yea, and
Messrs. Bell, Brown, Boyce, Benson, Gas-
tinel, Griffith, Hart, Mithoff, Purcell, O'Con-
nell, Springer, Watson, Wright and Wood—
fourteen senators, voted nay. The motion
was there fore lost, and the bill was, on
motion, referred to the Judiciary Com-
mittee.
The joint resolution on committee to ex-
amine books of state treasurer was taken
up at its second reading.
Mr. Montamat moved that the same be
amended by adding after the words " state
treasurer," the words "and auditor of pub-
lie accounts."
Mr. O'Connell moved to lay the amend-
ment on the table, upon which motion the
yeas and nays were demanded and resulted
as follows:
Yeas—Messrs. Barrett, Bell, Griffith, Hart,
O'Connell and Wood—6.
Nays—Messrs. Brownlee, Brown, Boyce,
Benson, Gastinel, Kavanagh, Lara, Monta-
mat, Mithoff, Newell, Purcell, Sullivan,
Watson and Wright—15.
Consequently, the motion was lost, and
the amendment was adopted. The blank
in the resolution was filled with the figure
3, and the resolution was ordered to be
engrossed for its third reading.
The bill entitled "An act relative to
district courts for the parish and city of'
New Orleans," was read a second time, and
referred to the Committee on Judiciary.
The following entitled bills were intro-
duced in accordance with previous notice,
and read for the first time :
By Mr. Benson : "An act to regulate and
define the mileage to which members of the
General Assembly shall be entitled."
By Mr. Brownlee : " An act relative to
the fees of the constable of the Sixth
Justice's Court for the parish of Orleans."
By a message from the House, through
its assistant clerk, the signature of the
president was requested to the bill entitled
"An act to provide for the payment of the
officers, members and contingent expenses
of the General Assembly."
Mr. Bell presented a resolution ordering
24 JOB
the printing of two hundred copies of the
official journal of the Senate for its use.
The resolution was referred to the Com-
mittee on Printing.
The same member then offered the fol-
lowing resolution, which was adopted:
Resolved, That a committee of five mem-
bers of the Senate be appointed to wait on
the trustees of theMcDonogh and Fink Asy-.
lum school funds of the city of New Orleans,
to investigate the reasons of their subscrib-
ing a large amount of money to the rebel,
authorities, which properly belongs to and
was left in their care for the education of
the children of the city of New Orleans.
The president appointed Messrs. Bell,
Hart, Benson, Wright and Kavanagh, as the
committee raised by the foregoing resolu-
tion.
Mr. Kavanagh moved that the Senate
proceed to elect an official reporter.
Mr. Montamat moved to lay the motion
on the table ; upon which motion the yeas
and nays were demanded, when
Messrs. Barrett, Brownlee, Benson, Ilart,
Lara and Montamat—G senators, voted yea ;
and
Messrs. Bell, Brown, Eoyce, Gastinel,
Griffith, Kavanagh, Mithoff, Newell, O'Con-
nell, Sullivan, Springer, Watson, Wright
and Wood—-14 senators, voted nay.
On motion, the president pro iera. was re-
quested to vote, which he did in the nega-
five. The motion was therefore lost.
The question recurring on the adoption
of the original motion, the yeas aud nays
were demanded with the following result:
Yeas — Messrs. Barrett, Bell, Brown,
Boyce, Gastinel, Griffith, Kavanagh, Mit-
Jiotf, Newell, O'Connell, Sullivan, Springer,
Watson, Wright and Wood—15.
Nays—Messrs. Brownlee, Benson, Hart,
Lara, Montamat and Purcell—6.
Consequently the motion to proceed to
the election of a reporter prevailed.
Mr. O'Connell nominated Mr. M. F. Big-
ney and
On motion of Mr. Montamat, he was
elected by acclamation.
On motion, the president pro lem. named
Mr. Gastinel as chairman pro tern, of the
Committee on Judiciary.
The Senate then adjourned until to-mor-
row at 12 m.
Approved.
John E. Neeijs,
Secretary.
Tuesday, Oct. 18, 1804.
The Senate was called to order pursuant
to adjournment by Hon. Charles Smith,
president pro ten., and the roll being called
21 senators answered to their names.
The proceedings were opened with
prayer by lie v. Mr. Hopkins.
The journal of yesterday was read and
approved.
The president laid before the Senate the
report of the Board of Currency which was
referred to the Committee on Banks and
Banking and fifty copies were ordered to
be printed. He also submitted a printed
report of the superintendent of public edu-
cation, which was referred to the Committee
on Public Education, and. fifty copies were
ordered to be printed.
On motion of Mr. Boyee, the president
appointed Mr. J. 0. Wright in place of Mr.
Hills on the Committee on Militia, during
Mr. Hills' absence, and Messrs. Lara and
Kavanagh were appointed as two additional
members on said committee.
On motion of Mr. Montamat Mr. Hart
was appointed on the Committee on Public
Education during the temporary absence
of Mr. Hills.
, Mr. O'Connell, on behalf of the Committee
on Internal Improvement, to which had
been referred the joint resolution relative
to the commissioners of the First, Second
and Third Drainage Districts, reported
favorably by substitute.
On motion the report -was taken up and
the substitute adopted.
On motion, the president appointed Mr.
O'Connell temporarily on the committee
on judiciary during the illness of Mr.
Jones.
Mr. Hart gave notice that on some future
day he will introduce a bill entitled an
act to regulate the fees of the recorder of
mortgages for the parish of Orleans.
Mr. Montamat gave notice of his inten-
tion, on some future day, to introduce a bill
entitled " An act to authorize a loan of one
million of dollars, to be placed to the credit
of the general fund."
In accordance with previous notice, Mr.
Montamat introduced a bill entitled " An
act providing for the performance of the
clerical business of the General Assembly."
OF THE SENATE.
25
Mr. Bell moved the rejection of the bill,
upon which motion the yeas and nays were
demanded with the following result:
Teas—Messrs. Bell, Brown, Boyce, Ben-
son, Griffith, Kavanagh, Newell, O'Connell,
Springer, Watson, Wright and Wood—12.
Nays—Messrs. Barrett, Brownlee, Gasti-
nel, Hart, Lara, Montamat, Mithoff, Pur-
cell and Sullivan—9.
Consequently the bill was rejected.
Mr. Montamat introduced, agreeably to
previous notice, a bill to abolish the Nor-
mal School Department.
Mr. Lara moved to reject the bill, on
which motion the yeas and nays were de-
manded and resulted as follows :
Yeas—Messrs. Barrett, Bell, Brown, Ben-
son, Griffith, Kavanagh, • Lara, Newell,
O'Connell, Springer and Wood—11.
Nays—Messrs. Brownlee, Boyce, Gastinel,
Hart, Montamat, Mithoff, Purcell, Sullivan,
Watson and Wright—10.
The president pro tern, voted in the neg-
ative, causing a tie, consequently the mo-
tion was lost under the rules. »
The Senate then took up the following
joint resolutions and bills on their second
reading:
joint resolutions relative to the bureaus
of finance and streets and landings.
Whereas, A numerous portion of tlje
laboring classes of our city are suffering
for want of employment, their families im-
poverished, and in many instances, the
families of the late employe's of the city are
reduced to almost starvation, in part owing
to the present embarrassed state of the
city finances, and in consequence of which,
the Bureau of Streets and Landings, whose
duty it is to pass upon all contracts, recom-
mend and control all necessary improve-
ments of the city', have in their wisdom
caused the discharge of about four hundred
laboring men during the p'ast month, at a
time when their services are useful upon
our streets, levees and wharves ;
And Whereas, Connected with said Bu-
reau of Streets and Landings, there is a
bureau styled Bureau of Finance, whose
duty is simply to approve or pass upon
claims against the city, and in our opinion
the duties of both bureaus, which are
neither onerous nor restraining, could be
performed by a committee of city officers,
thereby saving an unnecessary expense to
the city of from thirty-five to forty thousand
dollars per year, which sum, if saved, would
give employment to eighty laborers, and
estimating an average of five members to a
family, would be a sufficient sum to feed
and clothe four hundred persons ;
Therefore, be it resolved by the Semte and
House of Representatives, Ac., That his
excellency governor Hahn be requested to
cause the Bureau of Finance and Bureau of
Streets and Landings to be abolished, and
Be it further resolved, &o., That until there
shall be an election of city officers by the
people, that his excellency the governor
be requested to cause the duties devolving
on said bureaus to be performed by a com-
mittee, consisting of the mayor, as chairman,
city treasurer, comptroller, surveyor and
street commissioner, together with two
other citizens to be appointed by the gov-
ernor, which committee of seven shall per-
form said duties without any remuneration
whatever, but shall have power to employ
one secretary at a salary.
Mr. Gastinel offered a substitute for the
foregoing, which substitute Mr. Barrett
moved to lay on the table, on which motion
the yeas and nays were demanded, when
Messrs. Barrett, Brownlee, Boyce, Brown,
Benson, Kavanagh, Mithoff, Newell, Purcell,
O'Connell, IVatson and Wright—12 sena-
tors, voted yea ; and
Messrs. Bell, Gastinel, Griffith, Hart, Lara,
Montamat, Sullivan, Springer and Wood—
9 senators, voted nay.
Consequently, the substitute was laid on
the table.
The original resolutions were then
adopted on their second reading.
Mr. Barrett moved a suspension of the
rules to put the resolutions on their final
passage, on which motion the yeas and
nays were demanded, when
Messrs. Barrett, Bell, Brown, Kavanagh,
Mithoff, Purcell and Wood—7 senators,*
voted yea ; and
Messrs. Brownlee, Boyce, Benson, Gas-
tinel, Griffith, Hart, Lara, Montamat,
Newell, O'Connell, Sullivan, Springer,
Watson and Wright—14 senators, voted
nay.
Consequently the rules were not sus-
pended, and
On motion of Mr. Gastinel, fifty copies of
the joint resolution were ordered to be
printed.
By a message from the House, through
Mr. Westerfield, its clerk, the concurrence
of the Senate was requested to the Plouse
bill entitled " An act regulating the per
diem and hours of labor of employe's on
public works."
The bill entitled " An act relative to the
fees of the constable of the Sixth Justice's
Court of the parish of Orleans," was read a
26
JOURNAL
second time and referred to the Committee
on Judiciary.
The bill entitled " An act to regulate
and define the mileage to which members
of the General Assembly shall be entitled,'-
was read a second time, and on a suspen-
sion of the rules was passed with its title.
The joint resolution on committee to ex-
amine the books of the state treasurer and
auditor of public accounts, passed with its
title, and the president named Messrs.
O'Connell, Bell and Hart to compose the
committee on the part of the Senate.
The Senate then adjourned until 12
o'clock m. to-morrow.
Approved.
John E. Neelis,
Secretary.
Wednesday, Oct. 19, 1864.
The Senate was called to order at 12
o'clock m. pursuant to adjournment.
Present—Hon. Charles Smith, president
pro iem., in the chair, and after some delay,
a quorum answered to their names.
The proceedings were opened with
prayer by Rev. Mr. Chubbuck.
The journal of yesterday was read and
approved.
Mr. Benson offered the following resolu-
tions, which were adopted:
Resolved, That the officers of the Senate,
and all employes thereof, shall, within
twenty-four hours after the passage of this
resolution, produce their copies of the
"iron-clad " oath, as required by the pres-
ident's amnesty proclamation of December
8th, 1863.
Be it further resolved, That all of the said
officers and employes shall show to the
satisfaction of the president pro tem. of the
Senate, that they cast their votes at the
election held on the 5th day of September,
a. d., 1864, or good and sufficient reasons
for not doing so; and in case of failing to
produce the above, shall be dismissed from
their respective positions.
Mr. Montamat, agreeably to previous no-
tice, introduced a bill entitled " An act to
authorize a loan of one million of dollars
to be placed to the credit of the general
fund," which was read for the first time.
Mr. Mithoff gave notice that he will
shortly introduce a uniform bill for the bet-
ter collection of the taxes laid and collected
by the State, cities, parishes, and other cor-
porations in the State ; also, a bill to abol-
ish all police juries and substitute a more
uniform system.
Mr. Boyce gave notice of his intention to
introduce a bill to regulate the compensa-
tion of state tax collectors.
Mr. Benson gave notice of his intention
to introduce a bill to provide a revenue,
and the manner of collecting the same.
Mr. Boyce moved a reconsideration of
Mr. Barrett's joint resolution relative to
the municipal bureaus. The motion pre-
vailed, and Mr. Boyce moved to amend by
having the municipal business of the city
transacted by a committee consisting of the
mayor, two citizens, to be appointed by the
Senate, and — citizens by the House of
Representatives, who shall be entitled to
$5 per day for their services, etc.
Mr. Montamat offered a substitute, which
was accepted by Mr. Boyce.
The resolutions, as amended, are as
follows :
Be it resolved by the Senate and House of
Representatives, etc., That his excellency
governor Hahn be requested to cause the
Bureau of Finance and Bureau of Streets
and Landings to be abolished, and
Be it further resolved, etc., That until there
shall be an election of city officers by the
people, that his excellency the governor
be requested to cause the duties devolving
on said bureaus to be performed by a
committee, consisting of the mayor, as
chairman, and six citizens, to be appointed
by the governor from the different munici-
pal districts, with the consent of the Senate,
which committee shall perform said duties
without any remuneration whatever, but
shall have power to appoint one secretary
and one assistant secretary, at a salary to
be fixed by the committee.
The resolutions were then read a third
time and adopted with their title. The
secretary informed the House thereof.
A message was received from the House,
through Mr. Westerfield, its clerk, announ-
cing concurrence in the resolutions relative
to the Bureau of Streets and Landings,
and asking concurrence in "An act to re-
peal an act providing for the election of
electors for president and vice-president of
the United States, and authorizing the elec-
tion of electors by the General Assembly
for the approaching presidential election."
OF THE SENATE.
2?
The House bill relative to presidential
electors was then taken up, read a first
time, the rules suspended, read a second
time, and on a further suspension of the
rules, was concurred in with its title. The
secretary informed the House thereof.
The bill of the House regulating the per
diem and hours of labor of employes on
public works was taken up and read for
the first time.
Mr. Gastinel on behalf of the Judiciary
Committee reported favorably on the bill
entitled an act to regulate the jurisdiction
of justices of the peace of the parish of Or-
leans in certain cases. The same was taken
up, the rules suspended and the bill passed
with its title.
The same member, on behalf of a majority
of the same committee, reported favorably
on the bill entitled an act to prohibit the
holding of more than one office, which was
ordered to be printed and made the order
of the day for Wednesday next.
The bill entitled an act to abolish the
normal school department of the public
high schools of the city of New Orleans, was
read a second time and referred to the
Committee on Public Education.
The joint resolution relative to the com-
missioners of the First, Second and Third
Drainage Districts of the parishes of Orleans
and Jefferson was taken up at its third
reading and adopted with its title. The
secretary informed the House thereof.
The Senate then adjourned until 12
o'clock m. to-morrow.
Approved.
John E. Neelis,
Secretary.
Thursday, October, 20th, 1864.
The Senate was called to order, pursuant
to adjournment, at 12 o'clock m. by Hon.
Charles Smith, president pro iem., and the
roll being called, a quorum answered to
their names.
The proceedings were opened by prayer
from Rev. Dr. Gilbert.
The journal of yesterday was read and
approved.
Mr. Gastinel, on behalf of the Judiciary
Committee, reported unfavorably on the
bill entitled " An act relative to the fees of
the constable of the Sixth Justice's Court
for the parish of Orleans," and reeom-
mended its rejection.
On motion, the foregoing report was
made the order of the day for Monday
next.
SECOND READING.
The Senate then took up the following-
entitled bills, at their second reading :
" An act to provide for the recording of
marriages in the parish of Orleans."
On motion of Mr. Boyce, the foregoing
bill was amended in body and title, so as to-
make its provisions apply to all the parishes
of the State, and the sections were re-ar-
ranged so as to make the fourth the fifth.,
and the fifth the sixth section.
Thus amended, the bill was ordered to
be engrossed for its third reading.
" An* act regulating the per diem and
hours of labor of employes on public
works."
The foregoing bill passed its second
reading, and was ordered to be engrossed
for its third reading on to-morrow.
" An act to authorize a loan of one
million of dollars, to b« placed to the
credit of the General Fund."
This bill was read a second time, and
referred to the Committee on Ways and
Means.
The following members gave notice of
their intention to introduce the hereinafter
named bills, on some future day :
Mr. Boyce : " An act to regulate and
define the status of colored people, and
what degree of blood shall constitute a
colored person."
Mr. Purcell: " An act supplementary to
an act to provide for leveeing, draining and
reclaiming swamp lands in certain portions
of the parishes of Orleans and Jefferson."
The president informed the Senate that
he had not had time to notify all the clerks
to produce their " iron-clad" oaths, but
would do so now, and make a report on to-
morrow. . He at the same time requested
the chairmen of committees, who had
clerks, to notify the clerks to produce their
certificates to the secretary by to-morrow
morning.
28
JOURNAL
bills introduced.
The following members, agreeably to
previous notice, introduced the following
entitled bills, which were read the first
time :
Mr. Boyce : " An act to fix the cornpen-
sation of tax-collectors."
Mr. Benson : " An act to amend an act
entitled 'An act to provide a revenue, and
the manner of collecting the same.' "
On motion of Mr. Gastinel, the various
portions of the report of the auditor of
public accounts were referred to the various
appropriate committees to which it refers.
The Senate then took a recess of fifteen
minutes, and upon being called to order, a
quorum was found to be present.
On motion of Mr. Lara, the president
appointed two additional members on the
Committee on Public Education.
Messrs. Lara and Benson were najned by
the president.
On motion of Mr. Mithoff, two additional
members wrere appointed on the Committee
on Federal Relations.
The president named Messrs. Boyce and
Wood.
Mr. O'Connell presented the following,
which was laid on the table:
Resolution ordering the printing of five Ivan-
dren copies of the report of the Auditor of
pidfiic accounts, to be paid out of the State
treasury.
Resolved, That five hundred copies of
the report of the auditor of public accounts
be printed, aud that the expenses thereof
be paid out of the State treasury; Provided,
that the number of copies already ordered
by that officer be included in said five
hundred.
Mr. Kavanagh, on behalf of the Committee
on Enrollment, reported as correctly en-
rolled the Senate bill entitled " Joint resolu-
tion requiring the commissioners of the
First, Second and Third Drainage Districts
to make annual reports."
The Senate then adjourned until 12
o'clock ii. to-morrow.
Approved.
John E. Neelis,
Secretary.
Friday, Oct. 21, 18G4.
The Senate was called to order pursuant
to adjournment, by the Hon. Charles Smith,
the president pro tern., and the roll being
called, a quorum answered to their names.
The proceedings were opened with
prayer by Rev. Mr. Guion.
The journal of yesterday was read and
approved.
Mr. Lara presented the following resolu-
tion :
Resolved, That a special committee of
three be appointed to apportion the labors
of the clerks of the several committees of
the Senate, said special committee to ap-
point an additional number of clerks, if
necessary, beyond those already appointed ; „
provided the whole number of clerks shall1
not exceed five.
The foregoing resolution was laid on the
table by a rising vote of 11 yeas to 9 nays.
Mr. Montamat presented a bill from T.
Fitzwilliam, for stationery furnished the
Committee on Enrollment, amounting to
$105 95, which was referred to the Com-
mittee on Auditing and Supervising the
Expenses of the Senate.
second reading.
The bill entitled an act fixing the com-
pensation of tax collectors, was read. A mo-
tion was made to refer this bill to the Judi-
ciary Committee, on which motion, the yeas
and nays were taken.
Yeas—Messrs. Barrett, Bell, Broitm,
Boyce, Benson, Gastinel, Griffith, Hart,
Kavanagh, Lawton, Mithoff, Newell, O'Con-
nell, Springer, Watson, Wright, Wood—17.
Nays—Messrs. Brownlee, Lara, Monta-
mat, Sullivan—4.
Consequently the motion prevailed and
the bill was referred.
The bill entitled an act to amend an act
entitled " An act to provide a revenue and
the manner of collecting the same," was
taken up at its second reading and was
withdrawn by Mr. Benson, its author, with
the unanimous consent of the Senate.
third reading.
The bill entitled an act to provide for
the recording of marriages in the parish of
Orleans, and all other parishes of the State
of Louisiana, was taken up at its third
reading and passed with its title.
The House bill entitled an act regulating
the per diem and hours of labor of em-
ployes on public works, was taken up at
its third reading and concurred in, with its
title.
OF THE SENATE.
29
Mr. Benson gave notice of Ms intention
on some future day to introduce a bill en-
titled an act to amend an act entitled " An
act to organize free public schools through-
out the State of Louisiana, approved
March 18,1855."
Mr. Boyce gave a similar notice of a bill
entitled an act to substitute the words
" county " and " counties," for the words
" parish" and " parishes," in all future
laws, records and public documents of the
State of Louisiana.
A motion was then made to adjourn un-
til 12 o'clock m. to-morrow, upon which
the yeas and nays were taken:
Yeas—Messrs. Barrett, Bell, Benson,
Gastinel, Lawton, Montamat, Mithoff,
O'Connell, Springer—9.
Nats—Messrs. Brownlee, Brown, Boyce,
Griffith, Hart, Kavanagh, Lara, Newell,
Wright, Wood—10.
A motion was then made to adjourn un-
til Monday at 12 o'clock, upon which the
yeas and nays were taken:
Yeas—Messrs. Brownlee, Brown, Boyce,
Griffith, Hart, Kavanagh, Lara, Mithoff,
Newell, Springer, Wright, Wood—12.
Nays—Messrs. Barrett, Bell, Benson,
Gastinel, Lawton, Montamat, O'Connell—7.
Consequently the Senate adjourned until
12 o'clock m. on Monday.
Approved.
John E. Neelis,
Secretary.
Monday, Oct. 24,1864.
The Senate was called to order, pursuant
to adjournment, Hon.. Chas. Smith in the
chair and a quorum being present.
The proceedings were opened with
. prayer by the Rev. Dr. Newman.
The journal of Friday was read and ap-
proved.
Mr. Hart, who had been placed as chair-
man. of the Committee on Education during
the temporary absence of Mr. Hills, re-
marked that as Mr. Hills was now in his
seat, he should resign, and request that Mr,
Hills be sworn in, which was accordingly
done.
Mr. Bell, on behalf of the Committee on
Printing, submitted the following report:
The Committee on Printing beg leave to
report, that they have framed an act to de-
fine the duties and compensation of state
printer, and request that the same be passed
by the Senate.
Very respectfully,
Robt. B. Bell, Chairman.
The bill mentioned in the foregoing re-
port was read the first time.
Mr. Montamat gave notice of his inten-
tion, on some future day, to introduce a
bill entitled "An act relative to auctioneers."
Mr. Hart gave notice of his intention to-
introduce " An act to establish a State
Normal School in the city of New Orleans."'
Mr. O'Connell gave a similar notice of
the following bills :
To make an appropriation for the Court-
house at Baton Rouge.
A bill to suppress gambling throughout
the State.
By a message from the House, through
Mr. Westerfield, its clerk, the Senate was
informed that the speaker had signed the
Senate bill entitled "Joint resolutions re-
lative to the Bureaus of Finance and Streets-
and Landings."
The same messenger requested the signa-
ture of the president of the Senate to the
House enrolled bill relative to presidential
electors.
The following members introduced,
agreeably to previous notice, the following
entitled bills, which underwent their first
reading:
Mr. Boyce : " An act to substitute the
words county and counties for parish and
parishes, wherever they may occur in the
future laws, documents and public records
of Louisiana."
Mr. Hart: " An act to regulate the fees
of the recorder of mortgages for the parish
of Orleans."
second beading.
The bill entitled " An act relative to the
fees of the constable of the Sixth Justice's
Court for the parish of Orleans," was taken
up at its second reading, and ordered to be
engrossed for its third reading to-morrow.
On motion of Mr. Bell, the Senate took a
recess of fifteen minutes, at the expiration
of which, there being no further business,-
the Senate adjourned until 12 m. to-morrow.
Approved.
John E. Neelis,
Secretary.
30
JOURNAL
Tuesday, Oct. 25, 1864.
The Senate was called to order pursuant
to adjournment. Hon. Charles Smith, pres-
ident pro tern., in the chair, and the roll
being called a quorum was found to be
present.
The proceedings were opened with
prayer by the Rev. Dr. Gilbert.
The journal of yesterday was read and
.approved.
Mr. Purcell, on behalf of the Committee
.on "Ways and Means, submitted the follow-
ing report:
To the honorable president and members of the
Senate of the State of Louisiana:
Your committee, to whom was referred a
bill entitled " An act to authorize a loan of
one million of dollars, to be placed to the
credit of the general fund," beg leave to
report, that after having duly considered
the object of the same, they are of opinion
that at present its provisions are entirely
inadequate to the end proposed.
They therefore report unfavorably, and
recommend that the bill be rejected, and
beg to be discharged from further con-
sideration of the same.
Respectfully submitted,
Joiix Purcell, Chairman.
John A. Newell,
J. D. O'connell,
C. W. Boyce,
A. Wood.
On motion the foregoing report was re-
ccived and the committee discharged from
further consideration of the bill, which was
withdrawn.
Mr. Bell, on behalf of the Committee on
Auditing and Supervising the Expenses of
the Senate, reported favorably on the bill
of T. Fitzwilliam, amounting to $105 95,
for stationery furnished the Enrolling Com-
mittee.
Mr. Nicolas laid before the Senate the
report of the register of the land office,
one hundred copies of which were ordered
to be printed for the use of the Senate, in-
eluding what has already been printed.
Mr. Sullivan presented the following
resolution, which was unanimously
adopted :
Resolved, That the president pro tem. of
the Senate shall receive a per diem of $16.
On motion of Mr. Hills, the president
named Messrs. Hills and Wright as two ad-
ditional members of the committee on re-
wising the city charter.
The following members gave notice of
their intention on some future day to intro-
duce the following bills :
Mr. O'Connell: A bill concerning the
sale of certain public lands by unauthor-
ized and irresponsible persons.
Mr. Nicolas: " An act for the relief of
commerce and manufactures."
On motion of Mr. Bell, three hundred
copies of the report of the auditor of public
accounts were ordered for the use of the
Senate, to include the number already
printed.
The hereinafter named members, agree-
ably to previous notice, introduced the fol-
lowing entitled bills, which underwent
their first reading :
Mr. O'Connell: "An act for the relief of
the parish of East Baton Rouge, to replace
the court house furniture."
Mr. Hart: " An act to establish a normal
school in the city of New Orleans."
Mr. Montamat: " An act relative to auc-
tioneers."
Mr. Benson : " An act to amend the fifth
section of an act entitled ' an act to organ-
ize free public schools of the State,' approv-
ed March 18, 1855."
Mr. Gastinel on behalf of the Judiciary
Committee, reported favorably on " An act
to fix the compensation of tax collectors."
Also on "An act relative to district courts
for the parish and city of New Orleans,"
and recommend that one hundred copies be
printed and made the order of the day for
Saturday, the 29th inst. The report was
adopted.
The following bills were taken up at their
second reading :
"An act to define the duties and compen-
sation of State printer." This bill was or-
dered to be printed and made the order of
the day for Friday next.
The bill to change the word " parish" to
" counties" in this State, was read a second
time and referred to the Committee on Par-
ochial Affairs.
The vote adopting the bill relative to the
fees of the constable of the Sixth Justice's
Court of Orleans, right bank, on its second
reading, was reconsidered ; but the Senate
refused to refer the bill, which was then put
OF THE SENATE.
31
on its third reading and passed with its
title.
Mr. Gastinel, on behalf of the Committee
on Judiciary, reported back without action
the bill to regulate and define costs and
fees throughout the State, with the request
that it be referred to the Committee on
Parochial Affairs. The report was adopted.
The bill to regulate the fees of the re-
corder of mortgages for the parish of Or-
leans, was amended, on motion of Mr.
Boyce, by striking out the words "parish of
Orleans" in the title and body of the bill,
and substituting the words, "parishes of the
State," and the bill was then referred to the
Committee on Parochial Affairs.
Mr. O'Connell presented the following,
which was tabled :
Resolved, That all reports of committees
submitted to the Senate shall be signed
severally by all the members of the com-
mittee in favor of the report, and should a
minority report be presented, the same rule
shall be strictly adhered to.
The Senate then took a recess of fifteen
minutes, at the expiration of which the
Senate was called to order and a quorum
being present, on motion of Mr. Gastinel
E. P. Claudon was sworn in as clerk pro
tern, of the Judiciary Committee and of the
Special Committee to Revise the City Char-
ter, to receive pay from the 17th inst., but
only for one clerkship.
The president being called upon to re-
port whether the clerks had complied with
the resolution of the Senate, by exhibiting
their " iron-clad oaths " and certificates of
registry as voters, stated that all had done
so except Mr. J. B. Yaughn, the clerk of
the Committee on Banks and Banking, who
had only that morning produced his cer-
tificates, the "iron-clad" bearing date of the
19th inst., and the certificate of registry
being dated this morning ; whereupon the
office of Mr. Yaughn as clerk of the Com-
mittee on Banks and Banking, was declared
vacant, and Mr. Brown presented the fol-
lowing resolution, which was adopted :
Resolved, That all employes of the Sen-
ate who had not subscribed to the oath
known as the "iron-clad," previous to their
election or appointment, be refused further
•service, and new ones elected or appointed
—messengers excepted.
The Senate then adjourned until 12 o'clock
m. to-morrow.
Approved.
John E. Neelis,
Secretary.
Wednesday, Oct. 26, 1864.
The Senate was called to order pursuant
to adjournment, by Hon. Charles Smith,
president pro tern., and the roll being called
a quorum answered to their names.
Prayer was offered by Rev. Mr. Chub-
buck.
The journal of yesterday was read and
approved.
The following named members gave no-
tice of their intention on some future day
to introduce the hereinfter named bills :
Mr. O'Connell: An act concerning the
seizure of household furniture in cases of
seizure or attachment.
Mr. Montamat: An act relative to
adoption.
The following new bills were introduced,
and underwent their first reading :
Mr. O'Connell : An act relative to the
sale of public lands.
Mr. Purcell: An act supplemental to an
act to provide for leveeing, draining and
reclaiming swamp and overflowed lands in
certain portions of the parishes of Orleans
and Jefferson, approved March 18, 1858.
Mr. Kavanagh presented the following
resolution:
Resolved, That the pay of the officers and
employe's of the Senate shall be computed
from the first day of the session (3d Octo-
ber, 1864), except the committee clerks.
Several amendments and a substitute were
proposed for the foregoing resolution, but
the subject was finally referred to the Com-
mittee on Auditing and Supervising the
Expenses of the Senate.
Mr. Hills presented the following :
Resolved, That the Committee on Print-
ing be and hereby is authorized and in-
structed to procure covers for the journal
of the Senate and to see that copies of the
same are placed upon the desks of members
from day to day.
A motion was made to lay the foregoing
on the table, upon which motion the yeas
and nays were called, with the" following
result:
32
JOURNAL
Yeas—Messrs. Boyce, Gasiinel, Lawton,
Montamat and Wright—5.
Nays—Messrs. Barrett, Bell, Brownlee,
Brown, Benson, Griffith, Hart, Hills, Lara,
MithofF, Newell, Nicolas, Purcell, O'Con-
nell, Springer, Watson and Wood—17.
Consequently the motion was lost and the
original resolution was adopted.
The bill to prohibit the holding of more
than one office, was taken up on its second
reading.
Mr. Montamat moved to lay the foregoing
bill on the table, upon which motion the
yeas and nays were demanded, with the fol-
lowing result:
Yeas—Messrs. Brownlee, Brown, Boyce,
Benson, Gastinel, Griffith, Hart, Hills, Kav-
anagh, Lara, Lawton, Montamat, Newell,
Purcell and Springer—15.
Nays—Messrs. Barrett, Bell, Mithoff, Nic-
olas, O'Connell, Watson, Wright and
Wood—8.
The bill was consequently ordered to lay
on the table.
Mr. Gastinel moved to reconsider the
foregoing vote.
Mr. Montamat moved to lay this motion
on the table, on which motion the yeas and
nays were demanded with the following re-
suit:
Yeas—Messrs. Barrett, Brownlee, Brown,
Boyce, Benson, Griffith, Hart, Hills, Kav-
anagh, Lawton, Montamat, Newell, Purcell,
Springer and Wright—15.
Nays—Messrs. Bell, Lara, Mithoff, Nico-
las, O'Connell, Watson and Wood—8.
Consequently the motion to reconsider
was laid on the table.
The act to fix the compensation of tax
collectors was taken up at its second read-
:ng and ordered to be engrossed for its
third reading to-morrow.
The bill for the relief of the parish of
East Baton Rouge was read a second time
and referred to the Committee on Paro-
chial Affairs.
An act to establish a normal school in
the city of New Orleans was read a second
time and referred to the Committee on Ed-
ucation ; as was also an act to amend the
5th section of an act to organize free public
schools in the State, approved March 18,
1855.
An act relative to auctioneers was read
a second time and referred to the Judiciary
Committee.
By a message from the House, the Senate
was informed that the House had concurred
in following Senate joint resolutions :
Joint resolution requiring annual reports
of the Boards of Commission of the first,
second and third drainage districts of Or-
leans and Jefferson.
Joint resolution on committee to examine
the books of the state treasurer and auditor
of public accounts.
The same message requested the concur-
rence of the Senate in the House bill, en-
titled " An act relative to the General As-
sembly."
The Senate then adjourned until 12
o'clock, m. to-morrow.
Approved.
John E. Neelis,
Secretary.
Thursday, Oct. 27, 1864.
The Senate was called to order pursuant
to adjournment. Present, Hon. Charles
Smith, president pro tem., of the Senate and
the following members, viz:
Messrs. Barrett, Bell, Brownlee, Brown,
Boyce, Benson, Gastinel, Griffith, Hart,
Hills, Kavanagh, Lara, Lawton, Montamat,
Mithoff, Newell, Nicolas, Purcell, O'Con-
nell, Sullivan, Springer, Watson, Wright,
Wood—24
The proceedings were opened with prayer
by Rev. Mr. Gilbert.
The journal of yesterday was read and
approved.
Mr. Bell, on behalf of the Committee on
Auditing and Supervising the Expenses of
the Senate, submitted the following report:
The committee to whom was referred the
" resolution " of Mr. Kavanagh, and the
" substitute " offered by Mr. Hills, relative
to the pay of the officers and employes of
the Senate, beg leave to report that they
have examined both the resolution and the
substitute, and would respectfully recom-
mend that the resolution of Mr. Kavanagh
be adopted with this addition, (after the
word clerks) whose pay .shall only com-
mence from the date of their being sworn in.
R. B. Bell, Chairman,
C. W. Boyce,
John Sullivan,
Z. Griffith,
R. R. Benson.
Mr. Hills moved to lay the foregoing re-
port on the table, which motion was lost on
a rising vote of 10 yeas to 12 nays.
OF THE SENATE.
33
The report was then recommitted to the
same committee, with instructions to report
the names of the officers and employes who
are to receive pay from the commencement
of the session.
Mr. Hills presented the following resolu-
tion, which was adopted:
Besoved, That the Committee on Print-
ing be and is hereby directed to inquire and
report at the earliest moment practicable,
whether the journal of the General Assem-
bly, published in the True Delta as official,
is published in the most economical form;
whether unnecessai*y space is given to the
headings; whether the leads used are of
the usual thickness, and, also, what would
be the different between publishing said
journal, as at present, in leaded brevier
type and in solid nonpareil or agate type,
after the manner in which the laws of the
United States are promulgated.
Besolvedfurther, That the committee be
instructed to make similar inquiries in rela-
tion to the manner in which the acts of the
General Assembly are promulgated.
On motion the name of Mr. Hills was
added to the Committee on Printing.
Mr. Boyce tendered his resignation as
one of the committee, but the Senate re-
fused to accept the resignation.
Mr. Sullivan offered the following :
Be it resolved, That the secretary of the
Senate be requested to invite a Roman
Catholic priest to open the sessions of the
Senate with prayer, at least twice a week.
The foregoing was amended, on motion
of Mr. Hills,-by substituting the words " a
committee of three members," for the word
" secretary," and " be requested," and the
resolution adopted as amended.
The president named Messrs. Hills, Sul-
livan and Purcell on said committee.
A bill from the Louisiana Stoats Zeitung
for printing the governor's message in the
German language, amounting to $100, was
referred to the Committee on Printing.
The following members gave notice of
their intention, at some future day, to in-
troduce the hereinafter named bills :
Mr. Boyce: " An act relative to tacit
mortgages.
Mr. MithofF: "An act to provide for
reorganizing the Board of Drainage Com-
missioners of the Second Drainage District,
as constituted by the act entitled ' an act
to provide for leveeing, draining and re-
claiming swamps and overflowed lands in
a3
certain portions of the parishes of Orleans
and Jefferson.' "
Also, "An act to amend said act in certain
matters relating to the drainage of said
second district."
Mr. Bell: " An act for the emancipation
of a minor."
Mr. Montamat: " An act relative to the
Hon. Charles Smith and R. K. Cutler as
senators elect to the Congress of the United
States."
Mr. Boyce presented the following, which
was adopted:
joint resolution.
Whereas, The State of Louisiana, through
the power of the government of the United
States, its army and navy, her loyal and
Union loving citizens have been redeemed
from deception and treason, and her good,
true and loyal people restored to their civil
rights and civil government;
Whereas, The General Assembly have
recently elected two good, true, loyal and
respected citizens of the State to represent
her and the people of Louisiana in the
Senate of the United States, and
Whereas, It is usual for senators elect to
address the members of the General As-
sembly and their constituents upon the
general leading topics of the day, and to
give a synopsis of their intended policy,
previous to their departure for the capital
of the nation ; therefore,
Be it resolved by the Senate (the House of
Representatives concurring), That the sena-
tors elect, Hon. R. King Cutler and the Hon.
Charles Smith, be invited and requested to
deliver an address to the members of the
General Assembly and the public gen-
erally, in the hall of the House of Repre-
sentatives, on Saturday, the 5 th of Novem-
ber, 1864, at 6 o'clock, p. m.
first reading—house bills.
An act relative to the General Assembly,
was taken up and underwent its first read-
ing.
The following named members, on be-
half of their respective committees, reported
as hereinafter stated:
Mr. Lawton, on behalf of the Committee
on Parochial Affairs:
" An act to substitute the words county
and counties for the words parish and
parishes wherever they occur in the
future laws, documents and public re-
cords of Louisiana."
Unfavorably, and recommend the* rejec-
tion of the bill.
"An act for the relief of the parish of
u
JOURNAL
East Baton Ronge to replace the court-
house furniture.-'
Favorably, by substitute.
The above report was taken up, the sub-
stitute was adopted and ordered to be en-
grossed for its third reading.
second beading.
The bill entitled "An act to fix the com-
pensation of tax-collectors," was taken up
at its third reading and passed with its title.
The bill to substitute the words "county"
and " counties " tor " parish " and " par-
ishes," was taken up on its second reading,
when
A motion was made to adopt the un-
favorable report of the committee.
The yeas and nays were demanded on a
motion to lay that motion on the table, with
the following result:
Yeas — Messrs. Barrett, Bell, Brown.
Boyce, Benson, Griffith, Mithoff, Watson and
Wood—9.
Nays—Messrs. Hart, Hills, Kavanagh,
Lara, Lawton, Montamat, Newell, Nicolas,
Purcell, O'Gonnell, Sullivan, Springer and
Wright—13.
Consequently the motion to adopt the re-
port was not tabled, and the question
recurring on the adoption of the report,
the yeas and nays were demanded with the
following result:
Yeas—Messrs. Barrett, Bell, Brownlee,
Hart, Hills, Kavanagh, Lara, Lawton, Mon-
tamat, Newell, Nicolas, Purcell, O'Connell,
Sullivan and Springer—15.
Nays — Messrs. Brown. Boyce, Benson,
Griffith, Mithoff, Watson, Wright and Wood
—8.
Consequently the report was adopted
and the bill rejected.
" An act relative to the sale of public
lands."' Referred to the Committee on Pub-
lie Lands.
"An act supplemental to an act for levee-
ing and draining swamp lands," etc. Re-
ferred to the Committee on Internal Im-
provements.
Mr. Boyce presented the following :
Resolved, That the per diem of each mem-
ber of the Senate shall commence from the
day on which he was sworn in and took his
seat.
A motion having been made to lay the
foregoing resolution on the table, the yeas
and nays were demanded with the following
result:
Yeas—Messrs. Barrett, Gastinel, Hart,
Kavanagh, Lara, Lawton, Montamat,
Newell, Nicolas, Purcell, O'Connell, Sulli-
van and Wright—13.
Nays—Messrs. Bell, Brown, Boyce, Ben-
son, Griffith, Hills, Mithoff, Watson and
Wood—9.
Consequently the resolution was laid on
the table.
Mr. Montamat introduced a bill entitled
"An act relative to adoption," which was
read the first time.
The Senate then adjourned until 12 M,
to-morrow,
Approved.
John E. Neelis,
Secretary.
Friday, Oct. 28, 1861.
The Senate was called to order, pursuant
to adjournment.
Present—Hon. Charles Smith, president-
pro tem. and the following senators : Messrs.
| Barrett, Bell, Brown, Boyce, Benson, Gasti-
nel, Griffith, Hart, Hills, Lara, Lawton,
Mithoff, Newell. Nicolas, O'Connell, Sulli-
van, Springer, Watson, Wright and Wood
—20.
Absent at roll-call—Messrs. Brownlee,
Jones, Kavanagh, Montamat and Pur-
cell—5.
The proceedings were opened with
prayer by Rev. Mr. Guion.
The journal of yesterday was read and
approved.
Mr. Bell, on behalf of the Committee on
Auditing and Supervising the Expenses of
the Senate, reported that the following offi-
cers and employes should receive pay from
the beginning of the session, viz : the sec-
retary, assistant secretary, reporter, trans-
lator, warrant clerk, five .enrolling clerks,
sergeant-at-arms, two assistant sergeant-at-
arms, postmaster, door-keeper and his as-
sistant, two messengers and the porter.
The report was received.
Mr. Nicolas, on behalf of the Committee
on Public Lands, reported that on the 27th
inst. they had received a communication
from gov. Halm, relative to the repairs im-
mediately to be made to the levees on the
river and bayous, together with a special
order, No. 85, thereto relative, issued on the
30th ult., by Provost Marshal General H.
OF THE SENATE.
35
Robinson. The committee are of the opin-
ion that the subject belongs properly to the
Committee on Parochial Affairs, and re-
commend its reference to that committee,
with the suggestion, that the police juries
therein concerned be authorized to relin-
quish the whole concern of the levees to
the military authorities, inasmuch as the
local legislative bodies cannot raise an
efficient force of laborers, even in case of
crevasses. The report was received.
Mr. Boyce moved that the president in-
vite one or more of the Hebrew priests to
assist in opening the proceedings with
prayer.
Mr. Newell moved to add also " the
Quakers," which amendment was accepted.
Mr. Purcell moved further to amend by
including those of the New Jerusalem faith,
which was also accepted.
Mr. Lara proposed a substitute, which
was ruled out of order.
On motion, the whole subject was laid on
the table by the following vote :
Yeas—Messrs. Barrett, Brownlee, Brown,
Benson, Hart, Lara, Lawton, Mithoff, Nico-
las, Purcell, O'Connell and Wright—12.
Nays — Messrs. Bell, Boyce, Gastinel,
Griffith, Hills, Jones, Newell, Sullivan,
Springer, Watson and Wood—11.
Mr. Hills presented the following pre-
amble and resolution, which was unani-
mously adopted:
Whereas, in the opinion of the Senate it
is inexpedient at this time to appoint a full
judiciary under the provisions of the new
constitution for the full and regular terms
of office, for the want of the requisite legis-
lation on the subject:
Be it resolved by the Senate of the State of
Louisiana, That the governor of the State
be requested not to send into the Senate
the names of any appointees for judges, for
confirmation, until the Legislature shall
have passed the requisite acts for dividing
the State into judicial districts, regulating
the jurisdiction of the different courts, and
providing for the full organization of the
judiciary department of the government in
accordance with the new constitution ; and
that, in the meantime, and until the Senate
otherwise request, to continue to make
temporary appointments of judges in the
exercise of his powers " to establish all ne-
cessary offices and tribunals, within this
State, granted him by the President of the
United States."
Mr. Boyce presented the following reso-
lution, which was adopted :
Resolved, That the Committee on Print-
ing be and is hereby directed to inquire,
and report at the earliest moment praeti-
cable, whether the constitution as published
in the True Delta, Era and German Gazette
was published in the most economical form;
whether unnecessary space was not given
to the headings; whether the leads used
were of the usual thickness ; and, also,
what would be the difference between pub-
lishing the constitution in leaded brevier
type and in solid nonpareil or agate type,
after the manner in which the laws of the
United States are promulgated.
Resolved further, That the committee be
instructed to ascertain what amount was
allowed each for the publication of said
constitution in the True Delta, Era and
German Gazette, and report to the Senate
whether or not there was extravagant
charges allowed for the same.
A bill of the Era office amounting to
$323, for the printing, was referred to the
Committee on Auditing Expenses of the
Senate.
Mr. Montamat presented a joint resolu-
tion relative to Hon. Charles Smith and R.
King Cutler, United States Senators elect.
The rules were suspended and the resolu-
tion adopted and sent to the House for con-
currence.
Mr. Hills gave notice of his intention, on
some future day, to introduce " An act to
abolish the use of the French language in
the promulgation of laws, in all legal pro-
cesses in the courts of justice."
Mr. Nicolas gave a similar notice of his
intention to move an amendment to Rule 6,
of the Senate.
Mr. Boyce, agreeably to previous notice,
introduced a bill entitled "An act to repeal
all laws granting the wife a legal mortgage
on the property of the husband," which
underwent its first reading.
Agreeably to previous notice, Mr. Mit-
hoff introduced " An act to provide for re-
organizing the Board of Drainage Commis-
sioners of the Second Drainage District."
The rules were suspended, and the forego-
ing bill underwent its first and second
reading, and was referred to the Commit-
tee on Internal Improvements.
The Senate then took up the special or-
der of the day, being " An act to regulate
and define the duties and compensation of
the state printer."
36 JOT
On motion, the foregoing bill was recom-
mitted to the Committee on Printing.
second reading.
The following bills were taken up at
their second reading and disposed of as
hereinafter stated :
" An act relative to the General Assem-
bly."
On motion of Mr. Watson, the foregoing
bill was referred to a special committee of
five, upon which the president named the
following members : Messrs. Watson, Mon-
tamat, Wood, Boyce and Barrett.
" An act relative to adoption."
Referred to the Committee on Judiciary.
third reading.
The act for the relief of Baton Rouge,
was passed and sent to the House for con-
currence.
The Finance Committee made a verbal
report, that there are no funds in the treas-
ury to pay the warrants for officers, mem-
bers and contingent expenses of the Gen-
eral Assembly. The committee was in-
structed to report a bill to provide the
means of raising money for replenishing
the treasury for the purpose of meeting the
current demands of the government.
A motion was then made that the Senate
adjourn until 12 o'clock m. on Monday,
upon which motion the yeas and nays were
taken with the following result:
Yeas—Messrs. Brownlee, Griffith, Hart,
Hills, Lara, Lawton, Montamat, Newell,
Nicolas, Purcell, Sullivan, Wright and
Wood—13.
Nays Messrs. Barrett, Bell, Brown,
Boyce, Benson. Gastinel. Mithoff, O'Con-
nell, Springer, and Watson—10.
Consequently the Senate adjourned until
12 o'clock, m. on Monday.
Approved.
John E. Neelis,
Secretary.
Monday, Oct. 31, 1864.
The Senate was called to order, pursuant
to adjournment.
Present — Hon. Charles Smith, president
pro tem., in the chair, and the following
members: Messrs. Barrett, Beil, Boyce,
Brownlee, Brown, Hills, Jones, Lara, Mit-
hoff, Newell, Nicolas, Purcell, O'Connell,
xSullivan, Springer, Wright and Wood—20,
Absent—Messrs. Gastinel, Hart, Kava-
nagh, Lawton and Montamat—5.
The proceedings were opened with prayer
by Rev. Dr. Newman.
The journal of Friday was read and ap-
proved.
The president laid before the Senate a
communication from the secretary of state,
enclosing the returns of the election to fill
the vacancy in the senatorial district com-
posed of the parishes of Ascension, As-
sumption and Terrebonne, occasioned by
the resignation of Romania Tillotson. By
this communication it appeared that Mr.
Alphonse Delage had been elected to fill
the vacancy. Mr. Delage being present,
was sworn in and took his seat.
Mr. Montamat, on behalf of the Finance
Committee, reported a bill entitled "An
act to raise money for the State treasury,"
which underwent its first reading.
Mr. Boyce, on behalf of the Committee
on Militia, submitted the following report,
which was adopted :
The Committee on Militia beg leave to
report, that a militia bill has been pre-
pared and has been examined by most of
the members of committees of both Houses.
Said bill will be presented to the House of
Representatives, we believe, to-day. We
do not see any reason for drawing up
another bill. We will also state, that Mr.
Swenson, who was elected clerk of said
committee, has not been present for some
time, and we learn that he has received a
situation as captain of a steamboat. We
would therefore recommend his discharge,
and that the committee be authorized to
appoint another clerk.
Respectfully,
C. W. Boyce, Chairman.
J. Springer,
M. Lara,
A. C. Hills,
Joiin 0. Wright.
Mr. Bell, on behalf of the Committee on
Auditing the Expenses of Senate, reported
favorably on the bill of the Era office,
amounting to $323. The report of the
committee was adopted.
Mr. Sullivan presented*a resolution rela-
tive to Powers' statue of Washington, which
was removed from this State by order of
General Butler, and requesting our senators
and representatives elect to the United
States Congress to use their influence to
OF THE SENATE.
37
have the same returned to the State. The
resolution was adopted.
Mr. Hills presented the following :
Resolved by the Senate, That a committee
of three, with power to send for persons
and papers, be appointed to inquire into
and report upon the printing bills of the
recent Constitutional Convention; the
amount paid and the items therefor;
whether the law was complied with in the
performance of the work ; whether money
was paid to which the printer was not en-
titled ; if so, the amount, and why it should
not be returned to the State treasury ; and
also, why and by whose authority the law
fixing the compensation of the printer of
the Convention was suppressed in the pub-
lished journal of that body.
On motion of Mr. O'Connell, the fore-
going was amended so as to make the com-
mittei-. five, and the resolution was then
adopted as amended.
The president named Messrs. Hills, Boyce,
Newell, O'Connell, and Lara, to compose
the committee raised by the adoption of
the foregoing resolution.
Mr. Bell presented the following resolu-
tion, which was adopted :
Resolved, That the reporter of the Sen-
ate be and hereby is instructed to furnish
daily reports of the proceedings to such
daily journals of this city as will publish
the same gratuitously.
Resolved, That in the opinion of the Sen-
ate, any publication of the journal in a
newspaper is unnecessary, and that the
Committee on Printing be and hereby is
directed to discontinue the same.
Mr. Sullivan gave notice of his intention
at some future day to introduce " An act
to prohibit the municipal corporation of
the city of New Orleans from letting out
by contract any of the public works of
the city."
Mr. Nicolas, on behalf of the Committee
on Public Lands, reported favorably on
"An act relative to the sale of public
lands."
second reading.
The bill entitled "An act relative to Dis-
trict Courts, for the parish and city of New
Orleans," was taken qp, section by section,
at its second reading : The 1st, 2d, 3d, 4th,
5th, 6th, and 7th sections were adopted,
with only clerical corrections.
The 8th section was amended so as to
read as follows, and adopted as amended :
Sec. 8. Re it further enacted, &c., That
the Second District Court shall be strictly
a Probate Court, and shall have exclusive
jurisdiction only of all successions and
probate causes, and all appointments that,
may be necessary in the course of admin-
istration of estates ; all matters relative to
minors; to persons interdicted and to ab-
sentees; or in which they are interested,-
shall be made and carried on in said court.
The 9th and 10th sections were adopted'
without amendment.
The 11th section was amended and adopt-
ed as follows:
Sec. 11. Re it further enacted, &c., That
the Fourth, Fifth, and Sixth District Courts
of New Orleans shall have concurrent juris-
diction in all civil cases whatever.
The 12th, 13th, 14th, 15th, and 16th see-
tions were then adopted without amend-
ment.
The 17th and last section was then
amended so as to read as follows, and
adopted as amended:
Sec. 17. Re it further enacted, &c., That
this act shall take effect from and after its
passage, but shall not apply to cases now
pending or filed before the Second District
Court, and that all laws on the same sub-
ject matter, or contrary to the provisions of
this act, are repealed.
The bill was then adopted as a whole
and ordered to be engrossed for its third
reading.
The bill entitled "An act to repeal all
laws granting the wife a legal mortgage on
the property of her husband," was read a
second time and referred to the Judiciary
Committee.
On motion of Mr. Bell, the Senate went
into executive session, and the doors being
opened, a motion was made to adjourn un-
til 12 o'clock on Wednesday. Upon this
motion the yeas and nays were demanded,
and being taken, resulted as follows :
Yeas—Messrs. Barrett, Brownlee, Brown,
Boyce, Benson, Griffith, Hart, Hills, Jones,
Kavanagh, Montamat, Newell, Nicolas, Pur-
cell, O'Connell, Sullivan, Springer and
Wood—18.
Nays—Messrs. Bell, Lara, Mithoff, Wat-
son, Wright and Delage—6.
Consequently the motion prevailed, and
the Senate adjourned until 12 o'clock m.
on Wednesday.
Approved.
John E. Neelis,
Secretary.
38
JOURNAL
Wednesday, Nov. 2, 1864.
The Senate was called to order, pur-
suant to adjournment.
Present—Hon. Charles Smith, president
pro iem., in the chair, and the following
members : Messrs. Brownlee, Brown, Boyce,
Benson, Delage, Griffith. Hills, Jones, Lara,
Lawton, Montamat, Mithoff, Newell, Nico-
las, O'Conneil, Sullivan, Watson, Wright
and Wocd—19.
Absent at roll-call—Messrs. Barrett, Bell,
Gastinel, Hart, Kavanagh, Purcell and
Springer—7.
The proceedings were opened with prayer
by Rev. Mr. Chubb uck.
The journal was read and approved.
Mr. Watson, on behalf of the special
committee to which had been referred the
House bill entitled " An act relative to the
General Assembly," reported favorably on
the same with an amendment to the second
section, increasing the salary of the ser-
geant-at-arms of the Senate to §2500 per
annum, the same as the sergeant-at-arms of
the House of Representatives.
Agreeably to previous notice, Mr. Sulli-
van introduced a bill entitled " An act to
prohibit the municipal corporation of the
city of New Orleans from letting out by
contract any of the public works of the
city," which underwent, its first reading.
Mr. Boyce offered the following :
Joint resolution directing the auditor of pub-
lie accounts and Slate treasurer to pay no
more moneys on account of the State
printing until otherwise directed.
Whereas, Errors are supposed to have
been discovered in the sums allowed and
paid for the promulgation of the new coh-
stitution and other printing done for the
late State Constitutional Convention ;
Therefore, be it resolved by the Senate and
House of liepresentatives of the Stale of
Louisiana in General Assembly convened,
That the auditor of public accounts and
State treasurer be, and they are hereby di-
rected to pay no more money on account
of printing and publishing the work of the
State Constitutional Convention, until
otherwise directed by the General Assem-
bly.
The foregoing resolution was read a first
time, and, on a motion to suspend the rules
to put it on its second reading, the yeas and
nays were demanded, and being taken, re-
suited as follows:
Yeas—Messrs. Barrett, Bell, Brownlee*
Brown, Boyce, Delage, Griffith, Hart, Hills*
Jones, Kavanagh, Lawton, Mithoff, Newell*
Nicolas, O'Conneil, Watson, Wright and
Yfood—19.
Nays—Messrs. Lara, Montamat, Purcell
and Sullivan—4.
The rules were consequently suspended.
Mr. Kavanagh moved to refer the resolu-
tion to a special committee.
As an amendment to this motion, Mr.
Barrett moved to refer to the Committee on
Printing.
Mr. Hills moved to lay both motions on
the table, upon which motion the yeas and
nays were demanded, which, being taken,
resulted as follows :
Yeas—Messrs. Bell, Brownlee, Brown,
Boyce, Benson, Delage, Griffith, Hart, Hills,
Jones, Lara, Lawton, Mithoff, Newell. Pur-
cell, O'Conneil, Springer, Watson, Wright
and Wood—20.
Nays—Messrs. Barrett, Gasrinel, Kava-
nagh, Montamat, Nicolas and Sullivan—6.
The resolution was then read a second
time and adopted; and, on a motion for a
further suspension of the rules, to put them
on their third reading, the yeas and nays
were demanded, and being taken, resulted
as follows:
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Boyce, Benson, Delage, Gastinel,
Griffith, Hart, Hills, Jones, Lara, Lawton,
Mithoff, Newell, Purcell, O'Conneil, Sulli-
van, Springer, Watson, Wood, Wright—23.
Nays— Messrs. Kavanagh, Montamat, Nic-
olas—3.
The rules were therefore further suspend-
ed and the resolution adopted ; and, on
motion of ^Mr. Boyce, the secretary was
directed to take the same to the House for
concurrence.
Mr. O'Conneil gave notice of his inten-
tion to introduce a joint resolution to au-
thorize our senators and representatives to
Congress to use their influence to have a
post-office re-established in Baton Rouge.
By a message from the House, through
its clerk, the concurrence of the Senate was
requested in the following House bills.:
" An act relative to Criminal Courts in
the parish of Jefferson."
" An act to extend the powers of the con-
stables in the parish of Jefferson "
" An act to amend article 330 of the Civil
Code."
OF THE SENATE
39
An act for the temporary relief of the
treasury of the State."
The same messenger informed the Senate
that the House had concurred in the follow-
ing Senate bills:
" A joint resolution relative to the two
United States senators elect."
"A joint resolution relative to the Hon.
Charles Smith and the Hon. It. King Cut-
ler, senators elect to the Congress of the
United States."
The House then took up the following
bills at their second reading:
" An act relative to the sale of public
lands," adopted on its second reading,
and ordered to be engrossed for its third
reading.
•' An act to raise money for the State
treasury." A motion being made to reject
this bill, the yeas and nays were called for,
and being taken, resulted as follows :
Yeas—Messrs. Brown, Boyce, Benson,
Delage, Gastinel, Griffith, Hills, Jones,
Kavanagh, Lara, Lawton, Mithoff, Newell,
Nicolas, O'Connell, Springer, Watson,
Wood, Wright—19.
Nays—Messrs. Barrett, Bell, Brownlee,
Hart, Montamat, Purcell—6.
Consequently the bill was rejected.
Mr. Mithoff moved for a suspension of
the rules, to take up the messages from the
House relative to the two bills relating to
criminal fees and constables in the parish
of Jefferson ; upon which motion the yeas
and nays were called, and resulted as
follows:
Yeas—Messrs. Barrett, Boyce, Benson,
Delage, Griffith, Jones, Mithoff, Watson,
Wright, Wood—-10.
Nays—Messrs. Bell, Brownlee, Brown,
Gastinel, Hart, Hills, Kavanagh, Lara, Law-
ton, Montamat, Newell, Nicolas, Purcell,
O'Connell, Sullivan, Springer—16.
The rules were, therefore, not suspended.
Mr. Hills asked to be excused from serv-
ing on the Committee to revise the City
Charter. The request was granted
The House took a recess of fifteen min-
utes, and on re-assembling the following
joint resolution was offered by Mr. Boyce :
Whereas, The military authorities have
ordered the enrollment of all able-bodied
men between the ages of eighteen and
forty-five, within the limits of Louisiana,
for the purpose of organizing the militia of
the State;
Whereas, By section 8 of article I of the
Constitution of the United States of America,
the right to appoint the officers of the
militia, and the authority of training the
same according to the discipline prescribed
by Congress, are expressly reserved to the
respective States ;
Whereas, The General Assembly of Lou-
isiana has now under consideration several
acts to organize the militia ;
Whereas, The militia must first be or-
ganized by the executive of the State, be-
fore being transferred to the United States;
And Whereas, It is the duty of the gov-
ernor to claim and maintain all our rights
and privileges as one of the States of the
Union;
Be it therefore resolved by the Senate and
House of Representatives of the State of Lou-
isiana in General Assembly convened, That
the governor be, and he is hereby request-
ed to solicit respectfully of Major General
Canby, a suspension of the order enrolling
the militia of this State, until he, the gov-
ernor, is enabled, under the State laws, to
proceed to organize the same ; and that in
case he, the said eeneral, is not empowered
to grant said prayer, that the governor be
then requested to apply to his excellency,
A. Lincoln, president of the United States.
The foregoing resolution being read, on
a motion to suspend the rules, with a view
to its passage, the yeas and nays "were
called, and resulted as follows :
Yeas—Messrs. Brownlee, Brown, Boyce,
Delage, Gastinel, Griffith, Hart, Hills,
Jones, Kavanagh, Lawton, Montamat, Mit-
hoff, Newell, Nicolas, O'Connell, Springer,
Wright and Wood—19.
Nays — Messrs. Barrett, Benson, Lara,
Purcell and Watson—5.
Consequently the rules were suspended,
and the resolution having been read a
second time, Mr. Benson moved to lay it
on the table, upon which motion the yeas
and nays were taken, with the following
result:
Yeas—Messrs. Barrett, Bell, Brown, Ben-
son, Delage, Gastinel, Griffith, Hart, Hills,
Jones, Lara, Newell, Nicolas, Purcell,
O'Connell, Sullivan, Springer, Watson,
Wright and Wood.—20.
Nays—Messrs. Brownlee, Boyce, Kava-
nagh, Lawton, Montamat, Mithoff—6.
The resolution was therefore laid on the
table.
third reading.
The Senate then took up the bill entitled
" An act relative to district courts for the
parish and city of New Orleans."
On motion of Mr. Gastinel, the vote
40
JOURNAL
adopting the 11th section was reconsidered,
and the section amended and re-adopted so ,
as to read as follows : " That the Fourth,
Fifth and Sixth District Courts of New Or-
leans shall have concurrent jurisdiction in
all civil cases whatever, including writs of
habeas corpus and power of naturalization,
in which the First, Second and Third Dis-
trict Courts of New Orleans shall have con-
current jurisdiction." The bill was then
passed with its title.
A motion being made to adjourn, and
another motion to lay that motion on the
table, the yeas and nays were called, re-
suiting as follows:
Yeas—Messrs. Brownlee, Griffith, Hills,
Jones, Kavanagh, Lara, Nicolas, Purcell,
Wright and Wood—10.
Nays — Messrs. Barrett, Bell, Brown,
Boyce, Benson, Delage, Gastinel, Hart,
Lawton, Montamat, Mithoff, Newell, O'Con-
nell, Sullivan, Springer and Watson—16.
The Senate then adjourned until 12
o'clock m. to-morrow.
Approved.
John E. Neelis,
Secretary.
Thursday, Nov. 3, 1864.
The Senate was called to order, pursuant
to adjournment.
Present—Hon. Charles Smith, president
.pro tern., and the following members:
Messrs. Barrett, Bell, Brownlee, Brown,
Boyce, Delage, Griffith, Hills, Jones, Lara,
Lawton, Montamat, Mithoff, Newell, Nico-
las, Purcell, Springer, Watson, Wright and
Wood—20.
The proceedings were opened with prayer
by Rev. Dr. Gilbert.
The journal of yesterday was read and
approved.
Mr. Bell moved a reconsideration of the
vote given on yesterday, by which Mr.
Boyce's resolution relative to a suspension
of the order for enrolling the militia, was
laid on the table.
Mr. Hills moved to lay the motion to re-
consider on the table, which motion was
lost, and on the adoption of the motion to
reconsider, the yeas and nays were de-
manded and resulted as follows :
Yeas—Messrs. Bell, Brownlee, Boyce,
Benson, Gastinel, Griffith, Hart, Jones, Law-
ton, Montamat, Mithoff, Newell, Nicolas,
Purcell, O'Connell, Sullivan, Springer,
Watson, Wright and Wood—20.
Nays—Messrs. Barrett, Brown, Delage,
Hills and Lara—5.
Consequently the motion to reconsider
prevailed, and the joint resolution was laid
on the table subject to call.
Mr. Mithoff submitted the following on
behalf of the Committee on Banks and
Banking:
Your Committee on Banks and Banking
beg leave to report, that they have this day
appointed Mr. L. F. Montamat as their
clerk, in place of Mr. Vaughn, acting tern-
porarily till this day, and request that Mr.
Montamat be sworn in.
On motion, the foregoing report was
adopted, and Mr. Montamat sworn in.
Mr. Watson presented the following :
Resolved, That the pay of the employe's
of the Senate shall be the same as that paid
to the employe's of the House of Represen-
tatives.
Mr. Montamat amended the foregoing, so
that it take effect from this date; which
was accepted.
Mr. Bell moved to further amend by add"
ing the words, " and that any other resolu-
tion or report to the contrary be repealed."
This amendment was also accepted by Mr.
Watson.
A motion being made to table the reso-
lution and amendments, the yeas and nays
were called with the following result:
Yeas—Messrs. Brown, Benson, Hart,
Hills, Lara, Lawton, Montamat, and Pur-
cell—8.
Nays—Messrs. Barrett, Bell, Brownlee,
Boyce, Delage, Gastinel, Griffith, Jones,
Mithoff, Newell, Nicolas, O'Connell, Sulli-
van, Springer, Watson, Wright, Wood—17.
The resolution was, therefore, not tabled.
On motion of Mr. Gastinel, the resolution
was referred to the Committee on Auditing
the Expenses of the Senate.
The following members gave notice of
their intention, on some future day, to in-
troduce the hereinafter named bills :
Mr. O'Connell: "An act relative to public
works." "An act to organize the police of
the city of New Orleans."
Mr. Boyce : " An act for the relief of J.
B. McLin, of the parish of Orleans."
Mr. Montamat: " An act to organize the
Supreme Court."
Mr. Nicolas : " An act to render valid
certain marriages."
Agreeably to previous notice, Mr. O'Con-
OF THE SENATE.
41
nell introduced a joint resolution " author-
izing our senators and representatives to
Congress to use their influence to have a
post-office re-established in Baton Rouge,"
which underwent its first reading.
second beading.
" An act relative to the General Assem-
bly."
On motion of Mr. Montamat, the forego-
ing bill was taken up section by section.
The first, section was adopted without
amendment.
The second section being read, Mr. Mont-
amat moved to amend so as to make the
salary of the serjeant-at-arms of the House
and of the Senate, each, $1800 per annum.
A motion being made to lay this amend-
ment on the table, the yeas and nays were
taken With the following result:
Yeas—Messrs. Bell, Brownlee, Boyce, De-
lage, Griffith, Mithoff, Newell, Nicolas, Sul-
livan, Springer, Watson, Wright, Wood—13.
Nays—Messrs. Barrett, Brown, Benson,
Gastinel, Hart, Hills, Lara, Lawton, Mont-
amat, Purcell, O'Connell—11.
The amendment was therefore lost,
When Mr. Montamat moved to amend to
$2000 each. This amendment was adopted,
and the section was adopted as amended.
The third section was adopted without
amendment.
The fourth section being read, Mr. Mont-
amat moved to amend by reducing the
salary of the secretary of the Senate and
chief clerk of the House, from $2500 to
$2000 per annum. A motion being made
to table this amendment, the yeas and nays
were demanded, and resulted as follows:
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Boyce, Benson, Delage, Gastinel,
Griffith, Hills, Lara, Lawton, Mithoff, New-
ell, Nicolas, Purcell, O'Connell, Sullivan,
Springer, Watson, Wright, Wood—22.
Nays—Messrs. Hart, Montamat—2.
The amendment was, therefore, laid on
the table.
The section was then amended by adding
the words " payable monthly on their own
warrants on the auditor of public ac-
counts," and the section was then adopted
as amended.
The fifth section being read, Mr. Monta-
mat moved to amend by making the salary
of the assistant secretary of the Senate
$1500 per anuum, instead of $8 per diem.
Mr. Hills moved to amend the amend-
ment to $15 per diem. This amendment
was accepted by Mr. Montamat.
Mr. Purcell moved to amend the amend-
ment, by making the salary $1800 per an-
num, payable monthly, on his own warrant
on the auditor of public accounts.
Mr. Boyce moved to table the whole of
the amendments. Upon which motion the
yeas and nays were demanded, and being
taken resulted as follows :
Yeas—Messrs. Brown, Boyce, Benson,
Delage, Griffith, Lara, Watson, Wright,
Wood—9.
Nays—Messrs. Barrett, Bell, Brownlee,
Gastinel, Hart, Hills, Lawton, Montamat,
Mithoff, Newell, Nicolas, Purcell, O'Con-
nell, Sullivan, Springer—15.
The motion was therefore lost, and Mr.
Purcell's amendment being accepted, it was
adopted; and the section was adopted as
amended.
The sixth section was adopted without
amendment, and the bill was then adopted
as it had been amended.
On motion, the rules were suspended j
the bill was then read a third time and
concurred in, with its title and the amend-
ments.
"An act to prohibit the municipal corpo-
ration of the city of New Orleans from
letting out by contract any of the public
works of the city," was read a second time
and referred to the Committee on Parochial
Affairs.
"An act to extend the powers of con-
stables in the parish of Jefferson." Also,
" An act relative to criminal fees in the
parish of Jefferson," were read a second
time, and referred to the Judiciary Commit-
tee. Also,
"An act to amend articles 330 of the
Civil Code."
The House bill entitled " An act for the
temporary relief of the State treasury,"
was read a second time, and referred to the
Committee on Ways and Means.
thikd beading.
The Senate took up for its third reading
"An act relative to the sale of public lands."
Mr. Montamat moved to reject the bill.
Mr. O'Connell moved to lay that motion
on the table. Upon which motion"the yea3
42
JOURNAL
and nays were demanded, and being taken
resulted as follows:
Yeas — Messrs. Barrett, Bell, Brown,
Boyce, Benson, Delage, Griffith, Hart, Lara,
Lawton, Mithoff, Newell, Nicolas, Purcell,
O'Connell, Wright and Wood—17.
Nays—Messrs. Brownlee, Gastinel, Hills,
Montamat, Sullivan and Watson—6.
The motion was therefore tabled.
The bill was then re-committed to the
Committee on Public Lands.
Mr. Montamat presented the following :
Resolved, That .the sergeant-at-arms be
authorized to procure tor the use of the
Senate three copies of the Civil Code and
three copies of the Code of Practice.
Mr. O'Connell moved to amend so as to
make it one copy of each for each of the
members.
Mr. Boyce moved to amend to five copies
of each for the use of the Senate. This
amendment was tabled.
Mr. Montamat moved to table Mr. O'Con-
nell's amendment, which being lost, Mr.
Montamat moved to adjourn, upon which
motion the yeas and nays were called, with
the following result:
Yeas—Messrs. Barrett, Brownlee, Boyce,
Gastinel, Griffith, Montamat, Newell, Sulli-
van, Springer and Wood—10.
Nays—Messrs. Bell, Brown, Benson, De-
lage, Hart, Hills, Lara, Lawton, Mithoff,
Nicolas, Purcell, O'Connell, Watson and
Wright—14.
The yeas and nays were then demanded
on the adoption of Mr. O'Connell's amend-
ment, and resulted as follows :
Yeas—Messrs. Brownlee, Brown, Delage,
Gastinel, Griffith, Hart, Hills, Lara, Newell,
Nicolas, Purcell, O'Connell, Watson, Wright
and Wood—15.
Nays—Messrs. Barrett, Bell, Boyce, Ben-
son, Lara, Montamat, Mithoff, Sullivan and
Springer—9.
The amendment was therefore adopted.
On the adoption of the resolution as
amended, the yeas and nays were demanded
and resulted as follows :
Yeas—Messrs. Brownlee, Brown, Delage,
Gastinel, Griffith, Hart, Hills, Lara, Newell,
Nicolas, Purcell, O'Connell, Sullivan,
Springer, Watson, Wright and Wood—17.
Nays—Messrs. Barrett, Bell, Boyce, Ben-
son, Lawton, Montamat and Mithoff—7.
Mr. Boyce presented the following, which
was laid on the table ;
Resolved, That no member of the Senate
shall be allowed to leave the Senate cham¬
ber during its session, without asking per-
mission of the president thereof.
Mr. Bell asked for the adoption of the
report of the Committee on Auditing the
Expenses of the Senate, to which had been
referred the resolutions relative to officers
and employe's who should receive pay from
the commencement of the session.
On motion of Mr. Hills, the said report
was re-committed.
On motion, Messrs. Gastinel and Monta-
mat were appointed as two additional mem-
bers on the Committee on Charitable Insti-
tutions ; and Messrs. Barrett and Benson
were appointed as two additional members
of the Committee on Investigating the Ex-
penses of the Printing of the late Constitu-
tional Convention.
By a message from the House, through
its messenger, the concurrence of the Sen-
ate was requested in " An act to provide
for certain expenses of members elect to
Congress."
The Senate then adjourned until to-
morrow at 12 o'clock m.
Approved.
John E. Neelis,
Secretary.
Friday, Nov. 4, 1864.
The Senate was called to order pursuant
to adjournment. Present, Hon. Charles
Smith, president pro tern., in the chair, and
the following members :
Messrs. Barrett, Bell, Brownlee, Brown,
Boyce, Benson, Delage, Gastinel, Griffith,
Hart, Hills, Jones, Lara, Lawton, Mithoff,
Newell, Nicolas, Purcell, Springer, Watson,
Wright and Wood—22.
Absent at roll-call—Messrs. Kavanagh,
Montamat, O'Connell and Sullivan—4.
No minister being present, there was no
prayer.
The journal of yesterday was read and
approved.
Mr. Nicolas, on behalf of the Committee
on Enrollment, reported as correctly en-
rolled the following joint resolutions :
Joint resolution "relative to the election
of Hon. Charles Smith and Hon. R. King
Cutler, as senators from the State of Louis-
iana to the Congress of the United States."
Joint resolution and preamble " inviting
the two honorable senators elect, Charles
OF THE SENATE.
43
Smith and R. King Cutler, to deliver an
address to the members of the General As-
sembly, and to the public in general, on
Saturday, the 5th November, 1864.
Mr. Gastinel moved to reconsider the
vote given on yesterday, adopting the reso-
lution authorizing the sergeant-at-arms to
procure a copy of the Civil Code and a
copy of the Code of Practice for each of
the members.
Mr. Hills moved to table the motion to
reconsider; upon which motion the yeas
and nays were called, .with the following
result:
Yeas—Messrs. »Brown, Delage, Griffith,
Hart, Hills, Kavanagh, Newell, Nicolas,
Purcell, O'Connell, Watson, Wright, and
Wood—13.
Nays—Messrs. Barrett, Bell, Brownlee,
Boyce, Benson, Gastinel, Lara, Lawton,
Montamat. Mithoff, and Springer—11.
The motion to reconsider was therefore
tabled.
Agreeably to previous notice the follow-
ing members introduced the hereinafter
named bills, which underwent their first
reading :
Mr. O'Connell: " An act relative to pub-
lie works."
Mr. Montamat: " An act to organize the
Supreme Court."
Mr. Boyce : " An act for the relief of J.
B. McLin, of the parish of Orleans," to-
gether with memorial.
The House bill entitled " An act to pro-
vide for certain expenses of members elect
to Congress," was read the first time, and
on a motion to suspend the rules for its
second reading, the yeas and nays were de-
manded, and being taken resulted in—
YfcAS—Messrs. Barrett, Bell, Boyce, Ben-
son, Delage, Griffith, Montamat, Mithoff,
Nicolas, Purcell, Springer, Watson, Wright,
Wood—14.
Nays—Messrs. Brownlee, Brown, Gasti-
nel, Hart, Hills, Kavanagh, Lara, Lawton,
Newell—9.
Two-thirds not voting in favor of the mo-
tion, the rules were not suspended.
The Senate then took up for its second
reading the joint resolution "requesting
our senators and representatives in Con-
gress to use their influence to have the post-
office re-established at Baton Rouge."
Mr. Montamat moved to table the joint
resolution; upon which motion the yeas
and nays were demanded, with the follow-
ing result:
Yeas—Messrs. Boyce, Benson, Gastinel,
Montamat, Wright—5.
Nays—Messrs. Barrett, Bell. Brownlee,
Brown, Delage, Griffith, Hart, Hills, Kava-
nagh, Lara, Lawton, Mithoff, Newell, Nico-
las, Purcell, O'Connell, Springer, Watson,
Wood—19.
The motion to table was therefore lost.
Mr. Montamat moved to amend by add-
ing the words, " and in all other parishes
of the State where the same can be done."
Mr. Hills moved to lay this amendment
on the table ; upon which motion the yeas
and nays were demanded, and taken as
follows:
Yeas—Messrs. Barrett, Bell, Brown, Gas-
tinel, Griffith, Hart, Hills, Kavanagh, Lara,
Mithoff, Newell, Nicolas, Purcell, O'Con-
nell, Springer, Watson, Wright, Wood—18.
Nays—Messrs. Brownlee, Boyce, Benson,
Delage, Lawton, Montamat—6.
Consequently the amendment was tabled.
The joint resolution was then referred to
the Committee on Federal Relations.
On his own motion, Mr. Boyce was ex-
cused from serving on the Committee on
Revising the City Charter, and Mr. Delage
was appointed in his place.
Mr. Gastinel presented the following,
which was adopted:
Resolved, That the sergeant-at-arms, in
providing each member with the Civil Code
and Code of Practice, is not authorized to
have them printed.
Mr. Brownlee presented the following :
Resolved, That the sum of $200 will only
be expended by the sergeant-at-arms to
provide each member of the Senate with
one Civil Code and one Code of Practice.
A motion being made to lay the forego-
ing on the table, the yeas and nays were
taken as follows:
Yeas—Messrs. Barrett, Brown, Delage,
Grffith, Hart, Hills, Lara, Lawton, Newell,
Nicolas, Purcell, O'Connell, Springer, Wat-
son, Wright, Wood—16.
Nays—Messrs. Brownlee, Boyce, Benson,
Gastinel, Montamat, Mithoff—6.
Consequently the resolution was tabled.
Mr. Moqtamat presented the following,
which lays over until to-morrow :
Re it resolved by the Senate and House of
Representatives of the State of Louisiana in
General Assembly convened, That the Legis-
lature of the State of Louisiana shall adjourn
u
JOURNAL
sine die on Saturday, the 11th instant, at 5
o'clock, p. m.
The same member, on behalf of the Fi-
nance Committee, reported that the auditor
of public accounts refused to pay the war-
rants of the committee for the payment of
the members, officers and contingent ex-
penses of the Senate, unless a list of the
same was furnished him, and that notwith-
standing said list was furnished, the auditor
still refused to pay, wherefore the commit-
tee was at a loss to know what the auditor
wanted.
On motion, Messrs. O'Connell, Mithotf
and Benson were appointed a committee to
inquire what the trouble is between the
auditor and the Finance Committee.
The Senate then adjourned till 12 o'clock
M., to-morrow.
Approved.
John E. Nef.lts,
Secretary.
Saturday, Nov. 5, 1864.
The Senate was called to order pursuant
to adjournment. Present, Hon. Charles
Smith and the following members :
Messrs. Barrett, Bell, Brownlee, Brown,
Boyce, Benson, Delage, Gastinel, Griffith,
Hart, Hills, J ones, Lara, Lawton, Montamat,
Mithotf, Newell, Nicolas, Purcell, O'Con-
nell, Springer, Watson, Wright, Wood—24.
The proceedings were opened with pray-
er by the Rev. Mr. Horton.
The journal was read and approved.
On motion, the reading of the names of
the members present was dispensed with
for the future.
The Judiciary Committee reported favor-
ably on the following bills :
"An act relative to adoption of chil-
dren."
" An act to amend article 330 of the Civil
Code."
"An act to extend the powers of consta-
bles in the parish of Jefferson." .
" An act relative to criminal fees in the
parish of Jefferson," and unfavorably on
" An act relative to auctioneers."
Mr. Nicolas, on behalf of the Committee
on Enrollment, submitted a report relative
to joint resolutions, which were not neces-
sary to be enrolled or submitted to the
governor.
Mr. Bell, on behalf of the Committee on
Auditing and Supervising the Accounts of
the Senate, submitted the following report:
The Auditing and Supervising Expense
Committee of the Senate, to whom was re-
committed the report relative to the pay
of the officers and employes of the Senate,
and the date of their appointment, report
the following officers and employes as hav-
ing been appointed on the following dates,
and are entitled only to pay from said
time, viz:
Secretary, assistant secretary, sergeant-
at-arms, second assistant sergeaut-at-arms,
one porter, two messengers, one post-mas-
ter, one door-keeper, one special officer for
keeping order in hall, at Senate door—all
of which were appointed and doing duty
from October 3d.
Official reporter, M. F. Bigney, paid from
October 3d.
William Joyce, assistant door-keeper, ap-
pointed Oct. 6.
Translating clerk and warrant clerk, ap-
pointed Oct. 10.
Five enrolling clerks, appointed Oct. 10.
D. C. Brady, committee clerk, appointed
Oct. 12.
C. C. Swenson, committee clerk, appoint-
ed Oct. 13.
S. S. Hamilton, committee clerk, appoint-
ed Oct. 14.
William Pfaff, committee clerk, appoint-
ed Oct. 15.
E. Claudon, committee clerk, appointed
Oct. 17.
The Committee also recommend that the
following rates be the fixed salaries of the
officers and employes, but if the amounts
be more than they have formerly received,
the increase shall not take effect until after
this report is adopted, viz :
Per Day.
Translating clerk $6 00
Warrant clerk 8 00
Enrolling clerks, each 6 00
Official reporter 8 00
Postmaster 5 00
Assistant sergeant-at-arms, each.... 6 00
Messengers, each 4 00
Door-keeper 5 00
Clerks of committees, each 5 00
Porter 3 00
Special officer at Senate door and
hall, J. A. Leidner 3 00
All resolutions heretofore passed in con-
travention of this, be and are hereby re-
pealed.
On motion of Mr. Boyce, the foregoing
report was amended, so as to allow the offi-
cial reporter pay from the commencement
of the session ; and the report was adopted
as amended.
OF THE SENATE.
45
The same Committee reported that it had
approved the following bills:
The Auditing and Supervising Commit-
tee on Expenses of the Senate, report that
they have approved the following bills and
herewith transmit the vouchers for same,
with complete items, and state that after
due examination have found all to be cor-
rect, viz :
Bill of H. G. Stetson $1,216 50
do. I.Levy 200 25
do. J, Gauche 66 85
do. Gage, Badger & Co., 45 00
do. R.Gannon 10 25
do. W. Ewing 23 50
do. Sergeant-at-arms 3 00
do. L. Broderick 96 66
do. Israel Jones 58 00
do. Jacob Leidner 33 00
do. J. Buckley 24 00
do. Pos-toffice 10 00
do. G. W. Smith 231 93
do. H. McManus 10 00
$2,028 94
Robt. B. Bell, Chairman.
C. W. Boyce,
Z. Griffith,
R. R. Benson.
The foregoing report was also adopted.
Mr. O'Connell, on behalf of the Special
Committee to which had been referred the
differences between the Auditor and the
Committee on Finance, submitted the fol-
lowing report:
Your committee would most respectfully
report:
That they have called upon the auditor
of public accounts in relation to the com-
plaint of the chairman of the Committee
on Finance, and that they find the auditor
had not been furnished with an official list
of the members, officers, and employes of
the Senate, which should have been fur
nislied for his guidance.
Your committee would further state, that
they have made known this fact to Mr. Sec-
retary, who expresses his intention to fur-
nish the same at once.
Your committee respectfully move the
adoption of the report, and that the com-
mittee be discharged.
MivMontamat moved that the Senate go
into secret session, upon which motion the
yeas and nays were demanded, and being
taken resulted as follows :
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Boyce, Benson, Delage, Gastinel,
Griffith. Ilart Jones, Lawton. Montamat,
Mithoff, Newell, Nicolas, Purcell, O'Con-
nell, Springer and Wood—20.
Nays—Messrs. Hills, Lara and Watson—3.
The Senate therefore went into secret
session. After some time the dooi'3 were
opened, when, on motion, the Senate ad-
journed until 6 o'clock this p. m.
evening session.
The Senate was called to order, pursuant
to adjournment.
Present—Hon. Charles Smith, president
pro tem., and the following members:
Messrs. Barrett, Bell, Brown, Boyce, Ben-
son, Delage, Griffith. Hart, Jones, Lara,
Lawton, Montamat, Mithoff, Newell, O'Con-
nell, Springer, Watson and Wright—18.
Mr. Boyce presented the following, which
was subsequently withdrawn:
Resolved, That each day's proceedings
of the Senate shall be published in the
official journal, daily, one time only, to be
set up in brevier type, leaded, to be paid
for by the square, each square to be ten
lines in length.
Be il further resolved, That all resolutions
heretofore passed conflicring with this reso-
lution. be and the same are hereby repealed.
Be it further resolved, That the Commit-
tee on Printing is hereby authorized to
carry out the above resolution.
On motion, the Senate then adjourned
until Monday, at 12 o'clock m.. in order
that the body might proceed to the hall of
the House for the purpose of hearing the
addresses of the two United States sena-
tors elect.
Approved.
John E. Neelts,
JY Secretary.
Monday, Nov. 7, 1864.
The Senate was called to order pursuant
to adjournment. Present, Hon. Charles
Smith, president pro tem. in the chair, and
the following members:
Messrs. Barrett, Bell, Brownlee, Brown,
Boyce, Benson, Delage, Gastinel, Griffith,
Hart, Hills, Jones, Kavanagh, Lara, Law-
ton, Montamat, Mithoff, Nicolas, Newell,
Purcell, O'Connell, Sullivan, Springer,
Watson, "Wright, Wood—26.
The proceedings were opened with pray-
er by Rev. Mr. Newman.
The journal of, yesterday was read and
approved.
Mr. Sullivan, on behalf of the Committee
on Federal Relations, submitted the follow-
ing report:
46
JOURNAL
The Committee on Federal Relations re-
port: That they have examined the resolu-
tions, &c., referred to them, and offered by
the Hon. W. Mithoff, of Jefferson, and state
to the Senate that we recommend the fol-
lowing substitute for adoption.
John Sullivan,
W. Mithoff,
Robt. B. Bell,
C. W. Boyce,
A. Wood.
Nov. 7th, 18C4.
Mr. Montamat moved to lay the report
and substitute on the table.
Which motion was amended by adding
the words " subject to call." And upon
this motion the yeas and nays were de-
manded, and being taken resulted as fol-
lows :
Yeas—Messrs. Barrett, Brownlee, Brown,
Benson, Griffith, Hart, Jones, Kavanagh,
Lara, Lawton, Montamat, Newell, Nicolas,
O'Connell, Sullivan, Springer—16.
Nays—Messrs. Boyce, II el age, Mithoff,
Pnrcell, Watson, Wright, Wood—7.
Consequently the whole subject was post-
poned subject to call.
On motion of Mr. Hart, the resolution al-
lowing each member five newspapers was
rescinded, and after various propositions to
allow each member two and three news-
papers, and another that each member pay
for his own newspapers, all of which were
tabled, Mr. Boyce presented the following,
which was adopted:
Resolved, That each member of the Sen-
ate shall be allowed two daily papers, to
be selected by himself.
Mr. Boyce, on behalf of the Committee
on Militia, reported that in accordance with
a resolution adopted by the Senate, it had
appointed Howard McKnight as clerk of
the Committee. Mr. McKnight was sworn
in.
Mr. Bell, on behalf of the Committee on
Auditing the Expenses cf the Senate, re-
ported that the Committee had approved
the bill of the Louisiana Staats Zeitung for
printing the governor's message in Ger-
man.
The same member, on behalf of the Com-
mittee on Printing, reported that it had
also approved the same bill.
Mr. Brown gave notice that on some fu-
ture day he will introduce a bill relative to
roads and levees.
Mr. O'Connell presented a resolution to
the effect that the papers to which the
members shall be entitled shall be furnished
at " wholesale prices," or not at all.
Mr. Boyce moved to table this resolution,
upon which motion, the yeas and nays
were demanded, and being taken, resulted
as follows :
Yeas—Messrs. Barrett, Brown, Boyce,
Delage, Gastinel, Hart, Jones, Lawton,
Montamat, Purcell, Sullivan, Springer, Wat-
son and Wright—14.
Nays—Messrs. Brownlee, Benson, Grif-
fith, Hills, Lara, Mithoff, Newell, Nicolas,
O'Connell and Wood—10.
second reading.
The Senate took up the House bill en-
titled " An act to provide for certain ex-
penses of members elect to Congress."
Mr. Jones moved to amend as follows :
Strike out all after the word give, in the
last section, seventh line from the bottom
to the word including the word thousand,
in the sixth line from the bottom, and in-
sert that they shall execute their separate
bonds with security to be approved by the
governor of this State for the use of the
State, in the sum of twenty-five hundred
dollars.
Mr. Boyce moved to amend the amend-
i ment by adding bet-ween the words " be "
and " approved," the words " drawn in
favor of and." This amendment was ac-
cepted.
Mr. Benson offered the following as a
substitute for the amendments and the bill:
"I offer the following amendments: First—
If the members of the Senate and House of
Representatives wish to make a loan to the
members elect to the United States Senate
and Congress, that they make it from their
per diem. I, for one, am willing to make
a loan in the following manner : Say one
hundred dollars from my per diem if other
members of the Senate and House of Repre-
sentatives will do the same. Second—To
be paid as the bill provides, on the admis-
sion of said members elect to the United
States Senate and Congress ; if not admitted,
then the loan shall be a gift on the part of
said members."
A motion being madp that the amend-
ments, substitute and original bill be all
laid on the table, the yeas and nays were
demanded, and being taken, resulted as
follows:
Yeas—Messrs. Brownlee, Brown, Benson,
Delage, Gastinel, Griffith, Hart, Jones, Lara.
Montamat, Sullivan and Wright—12.
Nays — Messrs. Barrett, Boyce, Hills,
Lawton, Mithoff, Newell, Nicolas, O'Con-
nell, Springer, Watson, Wood—11.
The president pro tem. voted nay; con-
sequently the motion was declared lost.
Messrs. Montamat and Gastinel raised a
point of order, whether the president pro
tern., being a United States senator elect,
has the right of voting on this question,
which appropriates money to pay the ex-
penses of members elected to Congress.
The president pro lem. decided that he
knew of no parliamentary law which ex-
eluded his vote as a member of the Senate,
whenever he chose to exercise his right.
It is true that the rules say that no member
OF THE SENATE.
47
has a right to vote on any question on the
result of which he is directly interested,
but the bill' before the Senate is to pay the
expenses of members elected to the United
States Congress from this State ; and al-
though the presiding officer, as one of the
senators elect, maybe indirectly interested,
he is not directly so ; therefore the point
of order is overruled.
Mr. Montamat appealed from the decis-
ion of the chair. Upon which appeal the
yeas and nays were demanded, and being
taken resulted as follows:
Yeas—Messrs. Barrett, Bell, Boyce, Hills,
Jones, Mithoff, Newell, Nicolas, O'Connell,
Springer, Watson, Wood—12.
Nays—Messrs. Brownlee, Brown, Benson,
Delage, Gastinel, Griffith, Hart, Lara, Law-
ton, Montamat, Sullivan, Wright—12.
The president pro tem. remarked that
while he declined voting on the question,
as his opinion was known by his decision,
he would decide that the chair was sus-
tained, inasmuch as there was not a major-
ity in favor of reversing that decision.
Mr. Nicolas asked permission to intro-
duce the following amendment to rule 6th
of the Senate :
. After the word " chair" insert the words
" in all questions, resolutions, or bills, the
president pro tempore of the Senate, if he
chqose to do so, shall vote as a member,
and shall have his casting vote, as presi-
dent, when the vote of the Senate shall be
equally divided. But in case the difference
of the votes be only one, then his vote as
president pro tempore given to the minority
will be equal to the rejection of the ques-
tion, resolution, or bill, under considera-
tion. However, in case of there being one
vote lacking to form the majority of the
total number of the members elected, or
the two-thirds, three-fourths, or four-fifths,
in certain cases required upon a vote given
by the members present only, then the
president pro iempore of the Senate shall
have but his constitutional vote, as any
other member thereof."
The foregoing was ordered to lay over
under the rules.
A motion was made to postpone the bill
to provide for certain expenses of members
elect to Congress until to-morrow ; upon
which the yeas and nays were demanded,
with the following result:
Yeas—Messrs. Barrett, Delage, Hills, Nic-
olas, O'Connell—5.
Nays—Messrs. Bell, Brownlee, Brown,
Boyce, Benson, Gastinel, Hart, Jones, Kav-
anagh, Lara, Lawton, Montamat, Mithoff,
Newell, Sullivan, Springer, Wright—17.
The motion to postpone was therefore
lost; and on a motion to lay the bill,
amendments and substitute on the table,
the yeas and nays were taken with the fol-
lowing result:
Yeas—Messrs. Bell, Brownlee, Brown,
Benson, Delage, Gastinel, Griffith, Hart,
Kavanagh, Lara, Lawton, Montamat, Sulli-
van, Springer—14.
Nays—Messrs. Barrett, Boyce, Hills,
Jones, Mithoff, Newell, Nicolas, Wright—8.
Mr. Gastinel moved to reconsider the
foregoing vote.
Mr. Montamat moved to lay the motion
to reconsider on the table ; upon which
motion the yeas and nays were taken with
the following result:
Yeas—Messrs. Bell, Brownlee, Brown,
Benson, Delage, Griffith, Hart, Kavanagh,
Lara, Lawton, Montamat, Sullivan, Spring-
er—13.
Nays—Messrs. Barrett, Boyce, Gastinel,
Hills. Jones, Mithoff, Newell, Nicolas, Wat-
son, Wright—10.
Consquently the motion to reconsider
was tabled.
A motion was made to take a recess of
fifteen minutes; upon which the yeas and
nays were taken with the following result:
Yeas — Messrs. Bell, Boyce, Delage,
Griffith, Jones, Montamat, Mithoff, Newell,
Sullivan, Springer, Watson, Wright—12.
Nays—Messrs. Barrett, Brownlee, Brown,
Benson, Hart, Hills, Kavanagh, Lara, Law-
ton, Nicolas, Wood—11.
The president voted nay, and the Senate
refused to take a recess.
A motion was then made to adjourn, upon
which the years and nays were taken with
the following result:
Yeas—Messrs. Bell, Boyce, Griffith, Jones,
Mithoff, Newell, Springer, Watson and
Wright—9.
Nays—Messrs. Barrett, Brownlee, Brown,
Benson, Delage, Gastinel, Hart, Hills,
Kavanagh, Lara, Lawton, Montamat, Nico-
las, Purcell, Sullivan, Wood—16.
Consequently the Senate refused to ad-
journ.
A motion was then made to adjourn un-
til 5 o'clock this p. jl, upon which the yeas
and nays were taken, with the following
result:
Yeas—Messrs. Barrett, Brown, Boyce,
Jones, Montamat, Newell, Sullivan, Sprin-
ger—8.
Nays—Messrs. Bell, Brownlee, Benson,
Delage, Gastinel, Griffith, Hart, Hills,
Kavanagh, Lara, Lawton, Mithoff, Nicolas,
Purcell, Watson, Wright, Wood—17.
Mr. Gastinel moved to adjourn until day
after to-morrow. A motion was made to
lay this motion on the table, upon which
the yeas and nays were demanded, and re-
suited as follows :
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown. Boyce, Benson, Delage, Gastinel,
Hart, Hills, Jones, Lara, Lawton, Mithoff,
Newell, Nicolas, Purcell, Sullivan, Springer,
Watson, Wright, Wood—22.
48
JOURNAL
Nays—Messrs. Gastinel, Kavanagh, Mon-
tamat—3.
The Senate refused to adjourn until day
after to-morrow.
The Senate then took up the joint reso-
lution relative to the president, the army
and navy of the United States.
On motion of Mr. Boyce the resolution
was amended by inserting the names of
Gens. W. T. Sherman and Phil. Sheridan.
The rules were suspended and the resolu-
tions adopted by the following vote :
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Boyce, Benson, Delage, Gastinel,
Griffith, Hart, Hills, Jones, Kavanagh, Lara,
Lawton, Montamat,Mithoff. Newell, Nicolas,
Purcell, Sullivan, Smith, Springer, Watson,
Wright, Wood—26.
Nays—None.
The Senate then adjourned until 11 o'clock
jt. m. to-morrow.
Approved.
John E. Neeets,
Secretary.
Tuesday, Nov. 8, 1864.
The Senate was called to order at 11
o'clock, pursuant to adjournment.
Present, Hon. Charles Smith, president
pro tern., in the chair, and the following
members:
Messrs. Bell, Brown, Boyce, Benson, De-
lage, Hart, Hills, Jones, Lara, Nicolas,
Springer, Watson, Wright and Wood—14.
There being no quorum, the Senate took
a recess of iifteen minutes, at the expira-
tions, of which, the Senate was again called
to order, when the same members were
found to be present, with the following
additional members: Messrs. Barrett,
Brownlee, Griffith, Montamat, O'Connell
and Sullivan, making in all 20.
There being no minister in attendance,
prayer was omitted and the journal was
read and approved.
Mr. Benson, on behalf of the Committee
on Charitable Institutions, submitted the
following report, and accompanied the
same with a bill entitled " An act for the
relief of the Louisiana Institution for the
Deaf, Dumb and Blind :"
To the honorable president and members of
the Senate:
The Committee on Charitable Institu-
•tion to whom was referred the condition of
the Louisiana Institution for the Deaf,
Dumb and Blind, beg leave to report:
That at the last report made to the Le-
gislature in 1861, the nqmber of pupils in
the institution was 77 ; 64 of whom were
mutes, and 13 blind, who were instructed
■by eight teachers. The present number is
twenty-seven (27). The causes which have
led to the decrease in the number of pupils
and the present condition of the affairs of
-the asylum, are too well known to the pub-
lie for repetition. During three years past
there has been no regular appropriation
and the aggregate indebtedness, as exhib-
ited in detail to your committee, shows an
amount yet unpaid of $6899 30. Until the
lines of our army are farther extended, the
number of pupils is not likely to be much
increased. The probable estimate of ex-
penditures for the ensuing year is placed
at $8100 70, making for present indebted-
ness and expenditures for the ensuing year,
$15,000, as follows :
Indebtedness of bills rendered.. .$6,899 30
Probable expenses for the year
1864 and 1865 8,100 70
Forming a total of $15,000 00
Fifteen thousand dollars, for which your
committee submit the accompanying bill,
upon which they most respectfully recom-
mend prompt action tb be taken, as the in-
stitution is really in a suffering condition.
Respectfully submitted,
R. B. Bexson,
Chairman Senate Committee.
Mr. Montamat presented the following :
Resolved, That the Senate will meet the
House of Representatives in joint session
at 1 o'clock, p. m.for the purpose of electing
seven electors to represent this State in the
electoral college, and to cast the votes of
the State for president and vice president
of the United States, to serve four years
from the 4th March, 1865.
Resolved further. That the secretary be
instructed to inform the House of the same.
Mr. Hills moved the following substitute:
Resolved, That the secretary be instructed
to notify the House that the Senate holds
itself in readiness to meet the House in joint
session for the purpose of electing electors
for president and vice president of the
United States.
The substitute was accepted and adopted,
and the secretary notified the House there-
of.
By a message from the House, through
its messenger, the Senate was informed that
the House is now ready to receive the Sen-
ate in joint session, for the purpose of
electing electors for president and vice
president of the United Spates.
On motion of Mr. Montamat the Senate
then repaired to the hall of the House of
Representatives.
joint session.
The General Assembly having been called
to order by Hon. Charles Smith, president
pro tern., of the Senate, the roll of the Sen-
ate was called and the following members
answered to their names :
Messrs. Barrett, Bell, Brown, Boyce, Ben-
son, Delage, Gastinel, Griffith, Hart, Hills,
Jones, Lara, Lawton, Montamat, Mithoff,
Newell, Nicolas, Purcell, O'Connellj Sulli-
van, Springer, Watson, Wright, Wood—24.
OF THE SENATE.
49
The roll of the House of Representatives
was called, and the following members
answered to their names :
Messrs. S. Belden, speaker ; Bovee, Ral-
ser, Buckley, Brown, Badger, Bisbee, Burke,
Bernard, Bangs, Breckenridge, Belden H.
C., Belden R. L., Brooks, Cook, Creigh,
Collins, Chamberlain, Christie, Corley, De-
jean, Dufresne, Danel, Egan, Ennis, Evans,
Foley, Gannon, Galligar, Griffith, Ilarnan,
Howes, Haberlin, Henratty, Hawkins, Haw-
thorne, Ingram, Kavanagh, Kleas, Kamper,
Laster, Lester, Laloire, Lewis, McCann,
McDonnell, McGuire, Miller W. D., Miller
R. M., Meeks, Maas, Michel, Mace, Marie,
Nephler, O'Conner, Poynot, Prescott, Rob-
inson, Rotgd, Riggs, Spellicy, Seymour, St.
Martin, Shaw, Smith, Tully, Todd, Van
Tromp, Walsh, Wood, Woodward and
Wheeler—73.
On motion of Mr. Hills the General As-
sembly proceeded to nominate candidates
/or two presidential electors from the State
at large, when the following names were
placed in nomination : W, T. Stocker, Al-
fred Shaw, Charles Leaumont,|R. T. Posey,
J. H. C. Barlow, G. A. Fosdick and John
Henderson, jr., and a number of others
whose names were ruled out by the adop-
tion of the following resolution, which was
offered by Mr. Lara :
Besolved, That no member of the present
General Assembly shall be eligible to serve
as presidential elector for the year 1864.
On motjon of Mr. Montamat the General
Assembly proceeded to vote for the electors
from the State at large separately.
On the first ballot the following voted for
Mr. Stocker—Messrs. Barrett,Bell,Boyce, De-
lage, Jones, Lara, Mithoff, Newell, Nicolas,
Purcell, Sullivan, Smith, Springer and
Watson, 14 Senators, and Messrs. Brown,
Bensel, Badger, Burke, Brooks, Cook, Cham-
berlain, Corley, Danel, Egan, Gannon,
Griffith, Harnan, Howes, Hawkins, Haw-
thorne, Ingram, Kleas, Laster, Laloir,
Lewis, McDonnell, McGuire, Maas, Mace,
Marie, O'Conner, Poynot, Prescott, Spel-
licy, Shaw, Smith, Van Tromp, Walsh,
Woodward and Wheeler, 36 Representa-
tives.
The following voted for Mr. Shaw: Messrs.
Brownlee, Brown, Griffith, Kavanagh and
Wood, 5 Senators, and Messrs. Speaker Bel-
den, Bofil, Buckley, Bisbee, Bangs, Creigh,
Collins, Duane, Foley, Galligar, Henratty,
Kamper, Michel, Robinson, Seymour and
St. Martin, 16 Representatives.
The following voted for Mr. Leaumont:
Messrs. Gastinel, Hart, Lawton and Monta-
mat, 4 Senators, and Messrs. Bovee, Baum,
Balser, Bernard, Dejean, Dufresne, Haber-
lin, Kavanagh, Lester, Miller W. D., Miller
R. M., Meeks, Riggs, Tully and Wood, 15
Representatives.
The following voted for Mr. Fosdick:
a4
Messrs. Benson and Hills, 2 Senators.
The following voted for Mr. Posey: Mr.
O'Connell of the Senate, and Messrs. Breck-
enridge and Nephler, of the House.
The following voted for Mr. Henderson :
Messrs. Christie, Ennis, McCann and Rotgd,
4 Representatives.
The following voted for Mr. Barlow:
Messrs. Belden H. C., Belden R. L., and
Senette, 3 Representatives.
RECAPITULATION.
For Mr. Stocker 14 Senators.
" " 36 Representatives.
" Mr. Shaw 5 Senators.
" " 16 Representatives.
" Leaumount 4 Senators.
" " 15 Representatives.
" Mr. Fosdick 2 Senators.
" Mr. Posey 1 Senator.
" " 2 Representatives.
" Mr. Henderson.... 4 Representatives.
" Mr. Barlow 3 Representatives.
Total. 102 votes.
None of the candidates receiving a ma-
jority of the votes, a second vote was taken
when Messrs. Barrett, Bell, Boyce, Benson,
Delage, Hills, Jones, Lara, Mithoff, New-
ell, Nicolas, Purcell, O'Connell, Sullivan,
Smith, Springer, Watson, Wright, Brown,
Bensell, Badger, Bisbee, Burke, Brecken-
ridge, Belden H. C., Belden R. L., Brooks,
Cook, Creigh, Collins, Chamberlain, Chris--
tie, Corley, Danel, Egan, Ennis, Evans,
Gannon, Griffith, Harnan, Howes, Hawkins,
Hawthorne, Ingram, Kleas, Kamper Laster,
Laloir, Lewis, McCann, McDonald, McGuire,
Maas, Mace, Marie, Nephler, O'Conner,
Poynot, Prescott, Rotge, Spellicy, Seymour,
Shaw, Smith, Senette, Tully, Van Tromp,
Walsh, Woodward and Wheeler, 70 voted
for Mr. Stocker.
.Messrs. Brownlee, Brown, Griffith, Kav-
anagh, Belden S., Bofil, Bangs, Duane, Fo-
ley, Galligar, Henratty, Miller R. M., Michel
and Robinson, 14, voted for Mr. Shaw.
Messrs. Gastinel, Hart, Lawton, Monta-
mat, Bovee, Baum, Balser, Bernard, Dejean,
Dufresne, Haberlin, Kavanagh, Lester, Mil-
ler W. D., Meeks, Riggs, St. Martin, Todd
and Wood, 19, voted for Mr. Leaumont.
Showing a total of 103 votes. Mr. Stocker
was. therefore declared elected as one of
the electors of the State at large. The other
candidates having been dropped on this
ballot, they received no votes.
The General Assembly ihen proceeded
to elect a second elector for the State at
large, when Messrs. Barrett, Bell, Boyce,
Delage, Gastinel, Griffith, Hart, Jones,
Kavanagh, Montamat, Purcell, Sullivan,
Wood, Bofil, Buckley, Brown, Bensel, Bis-
bee, Bangs, Creigh, Collins, Duane, Decker,
Danel, Evans, Foley, Gannon, Galligar,
Harnan, Howes, Haberlin, Henratty, In-
gram, Kleas, Lester, McDonnell, McGuire,
50
JOURNAL
Miller W. D., Miller R. M., Meeks, Maas,
Michel, Marie, O'Conner, Poynot, Robin-
son, Spellicy, Seymour, St. Martin, Smith,
Walsh and Wheeler, 52, voted for Mr. Shaw.
Messrs. Brownlee, Brown, Hills, Lawton,
Mithoff, Nicolas, O'Connell, Watson, Bel-
den S., Badger, Burke, Breckenridge, Cook.
Chamberlain, Christie, Duf'resne, Ennis, La-
loir, Lewis, Mace, Nephler, Rotgd, Riggs,
Van Tromp, Wood and Woodward, 26 voted
for Mr. Posey.
Messrs. Benson and Lara, 2, voted for Mr.
Fosdiek.
Messrs. Bovee, Baum, Balser, Bernard,
Dejean and Kavanagh, 6, voted for Mr.
Leauinont.
Messrs. Springer, Wright, Boudreaux,
Belden II. C., Belden R. L., Brooks, Grif-
fith, Hawkins, Hawthorne, Kamper, Pres-
cott, Shaw, Senette and Todd, Id voted for
Mr. Barlow.
Messrs. Smith, Egan, McCann and Tully,
4 voted for Mr. Henderson.
Making a total of 104 votes. Mr. Shaw
was declared elected.
The General Assembly then proceeded
to elect an elector from the First Congres-
sional District, when Messrs. Barrett, Bell,
Brownlee, Brown, Boyce, Benson, Gastinel,
Griffith, Hart, Hills, Jones, Kavanagh, Lara,
Lawton, Moutamat, Mithoff, Nicolas, Pur-
cell. O'Connell, Sullivan, Smith, Springer,
Watson, Wright, Wood, Belden S., Bovee,
Bofil. Baum, Balser, Buckley, Brown, Ben-
sel, Bi-lo-e, Boudreaux, Bernard, Bangs,
Breckenridge. Belden R. L., Brooks, Cook,
Creigh, Coilins, Chamberlain, Duane,
Decker. Dejean, Duf'resne, Danel, Egan,
Ennis. Evans, Foley, Gannon, Galiigar,
Griffith. Harnan, Howes, Haberlin, Henrat-
t.y, Hawkins. Kavanagh, Laster, Lester,
Laloire, Lewis, McCann, McDonnell, Mc-
Guire. Meeks, Michel, Mace, Nephler, Poy-
not. PreseoD. Robinson, Spellicy, St. Martin,
Sit.«w. Smith. Senette, Tally, Todd, Walsh,
Wottd, Woodward and Wheeler, 87, voted
for Mr. Woolfley.
Messrs. Pelage, Newell, Badger, Burke,
a.ee ■' hrtstie. 5 voted for Mr. Millspaugh.
Messrs. Bidden II. C., Corley, Hawthorne,
Imcraui. MiBer W. D., Miller R. M., Marie,
..ei'ier. Rotge' and Riggs, 10 voted for
Mr, Leauinont..
Mr. F. A. Woolfley was therefore declared
i.
The General Assembly then proceeded
to elect an elector for the Second Con-
gressional District.
Messrs. Barrett, Bell, Brown, Boyce, Grif-
8th. Kavanagh. Newell, Pnrcell, O'Connell,
Sullivan. Smith, Springer. Wright, Wood,
Belden S., Bovee, Bofil, Buckley, Brown,
Badger, Bnrke, Bangs, Breckenridge, Bel-
den H. C., Belden R. L., Brooks, Cook,
Creigh. Collins, Chamberlain, Christie, Cor-
ley, Duane, Decker, Dejean, Dufresne, Danel,
Egan, Foley, Gannon, Griffith, Howes,
Haberlin, Hawkins, Hawthorne, Ingram,
Lester, Laloire, Lewis, McDonnell, Miller
W. D., Miller R. M., Nephler, O'Conner,
Poynot, Prescott, Robinson, Rotgd, Riggs,
Spellicy, Seymour, St. Martin, Shaw, Sen-
ette, Tully, Todd, Van Tromp, Walsh,
Wood and Wheeler, 70, voted for Mr. J. R.
Terry.
Messrs. Brownlee, Benson, Gastinel, Hills,
Lawton, Montamat, Baum, Ennis, Henratty,
Kavanagh and Mace, 11, voted for Mr. Fos-
dick.
Messrs. Delage, Lara, Mithoff, Nicolas,
Watson, Evans, Marie and Woodward, 8,
voted for Mr. Heath.
Messrs. Hart, Jones, Bensel, Boudreaux,
Bernard, Galligra, Harnan, Kamper, Laster,
McCann, Meeks and Smith, 12, voted for Mr.
Henderson.
Messrs. McGuire and Michel, 2, voted for
Mr. Patterson.
Mr. Terry was therefore declared elected.
The General Assembly then proceeded to
elect an elector for the Third Congressional
District, when Messrs. Bell, Boyce, Griffith,
Jones, Lara, Lawton, Mithoff, Nicolas, Pur-
cell, Sullivan, Smith, Watson, Wright,
Wood, Buckley, Brooks, Corley, Danel,
Evans, Galiigar, Hawkins, Hawthorne, In-
gram, Laster, Lester, McCann, McDonnell,
Poynot, Prescott, Robinson, Riggs, Spellicy,
Shaw, Smith. Senette, Todd and Wheeler,
37 voted for Mr. J. E. Schaffer.
Messrs. Barrett, Brownlee, Brown, Ben-
son, Delage, Hart, Hills, O'Connell, Bel-
den S., Bovee, Bensel, Burke, Boudreaux,
Bernard, Bangs, Breckenridge, Belden H.
C., Cook, Creigh, Collins, Chamberlsin,
Duane, Dufresne, Egan, Ennis, Foley, Gan-
non, Harnan, Howes, Haberlin, Henratty,
Kavanagh, Laloire, Lewis, McGuire, Michel,
Mace, Nephler, Van Tromp, Walsh, Wood
and Woodward, 42, voted for Mr. Posey.
Messrs. Badger and Christie, 2, voted for
John Payne.
Messrs. Bofil, Belden R. L., Duane, Kam-
per, Marye, O'Conner, Rotgd, Seymour, St.
Martin and Tully, 10 voted for Mr. A. Caz-
abat.
There being no election, the General
Assembly proceeded to a second ballot,
when Messrs. Bell, Boyce, Gastinel, Griffith,
Jones, Lara, Lawton, Montamat, Mithoff,
Newell, Pnrcell, Sullivan, Smith, Watson,
Wright, Wood, Bofil, Buckley, Bisbee, Bel-
den H. C., Belden R. L., Brooks, Creigh,
Corley, Decker, Danel, Foley, Griffith,
Howes, Haberlin, Hawthorne, Ingram,
Kamper, Laster, Lester, McCann, McDon-
nell, Miller R. M., O'Conner, Poynot, Pres-
cott, Robinson, Riggs, Spellicy, Shaw,
Smith, Senette, Tully, Todd and Wheeler,
50 voted for Mr. J. E. Schaffer.
Messrs. Barrett, Brownlee, Brown, Ben-
son, Delage, Hart, Hills, O'Connell,
OF THE SENATE.
51
Springer, Belden S., Bovee, Bensel, Badger,
Burke, Boudreaux, Bernard, Bangs, Breck-
enridge, Cook, Collins, Chamberlain, Chris-
tie, Duane, Dejean, Dufresne, Egan, Ennis,
Evans, Gannon, Harnan, Henratty, Kavan-
agh, Laloire, Lewis, MeGuire, Michel, Mace,
Marie, Nephler, Rotgd, Seymour, St. Mar-
tin, Van Tromp, Walsh, Wood and Wood-
ward, 46 voted for Mr. Posey.
Mr. J. E. Schaffer was therefore declared
(elected.
The General Assembly proceeded to elect
■an elector for the Fourth Congressional
District.
On the first ballot Messrs. Barrett, Bell,
Brownlee, Boyce, Gastinel, Hart, Jones,
MithofF, Springer and Watson, of the Senate,
and 17 Representatives, making in all 27,
voted for Mr. Barlow.*
Messrs. Brown, Hills. Montamat, O'Con-
uell and Sullivan, of the Senate, and 20
Representatives, making in all 25, voted
for Mr. Ennis.*
Messrs. Delage, Griffith, Lara, Wright and
Wood, of the Senate, and 34 Representatives,
making in all 39, voted for Mr. Belden.*
Messrs. Benson and Smith, of the Senate,
and 1 Representative, making in all 3, voted
for Mr. Swain.*
Messrs. Newell and Purcell, of the Senate,
and 1 Representative,votedfor Mr. Burgess.*
There being no election, the General As-
sembly proceeded to a second ballot, when
Messrs/Barrett. Bell, Brownlee, Boyce. Gas-
tinel, Hart. Jones, MithofF Newell. Purcell,
Sullivan, Smith and Watson, of the Senate,
and 22 Representatives, in >kmg in all 35,
voted for Mr. Barlow.*
Messrs. Montamat an.I twron. of the
Senate, and 5 Represent .. so ed for Mr.
Ennis.
Messrs. Brown, Bens.. ,tr<\ Griffith,
Hills. Lara, O'Oonnel! \ vWight and
Wood of the Senate, an. ' ' ooitatives
voted for Mr. Belden. i -r>l.*
Mr. J. R. Belden wa- <• tared
elected for ;he Fout the > . i. District.
The General Assene eeded
to elect an elector for 1>- ss onal
District. Messrs. Bui r ■ <wnlee.
Brown. Boyce, Deluge ir.ffi h.
Hart. Hills. Lawton. \Ywell,
Purcell, O'Connell, >-■..• p.iuger,
WrightandWood.an.lt mtarives
voted forS. G. Hamilton n. . ,n all 69 * '
Messrs. Benson, J one , , t MithofF.
Smith and Watson, of die . .te. and 25
Representatives, mak ng n ..I 31, voted
for Mr. Taliaferro.*
*Notb.—The clerk of the House not having
furnished the secretary of the Senate with sufii-
-cient lists of the Representatives, it was impos-
sible to keep an account of how the members of
ihe House voted on the three last ballots; hence
the secretary of the Senate is only able to give
ithe result, without the details of how each mem-
ber of the House voted.
Mr. Hamilton was thereupon declared
elected.
The Senate then retired to its chamber
and adjourned.
Approved.
JohnE. Neelis,
Secretary.
Wednesday, Nov. 9,1864.
The Senate was called to order pursuant
to adjournment. Present, Hon. Charles
Smith, president pro tern., in the chair and
the following members: Messrs. Barrett,
Bell, Brownlee, Boyce, Benson, Griffith,
Hills, Jones, Kavanagh, Lara, Lawton,
MithofF, Montamat, Nicolas, Purcell, O'Con-
nell, Springer, Watson, Wright, Wood—20.
The journal of yesterday was read and
approved.
Mr. Hills being called to the chair, laid
before the Senate the Following communi-
cation from Hon. Charles Smith:
Senate Chamber, State of Louisiana, )
New Orleans, Nov. 9, 1864. J"
To thehonorahle senators of the State of Lou-
isiana:
Gentlemen—Having business of impor-
tance to transact which admits of no delay,
I hereby respectfully resign my office as
president pro tem. of the Senate
I would also state, that having been
elected to represent Louisiana in the Senate
of the United States, I deem it my duty to
resign my seat as senator in the Legisla-
ture of Louisiana, to take effect from and
alter the 18th inst.
Yery respectfully,
Charles Smith,
Senator from parish St. Mary.
. On motion of Mr. Montamat, the resigna-
tion of Mr. Smith, as president pro tem., of
the Senate was accepted.
Mr. Smith then returned thanks to the
Senate for its uniform kindness to him as
the temporaiy presiding officer.
Mr. Hart presented the following resolu-
tion, which was unanimously adopted:
Resolved, That the thanks of the Senate
be tendered to the Hon. Charles Smith for
the efficient and satisfactory manner in
which he has discharged the duties of presi-
dent pro tem. •
By a message from the governor, through
Mr.,N. C. Snethen, the Senate was informed
that the governor had signed and approved
the •'Joint resolution relative to the Hon.
Charles Smith and the Hon. R. King Cutler,
as senators elect to the Congress of the
United States."
Mr. Sullivan moved to elect a president
pro tem. at once. Mr. Lara proposed as aft-
amendment, to postpone the election until
to-morrow. A motion was made to table
the amendment, which was lost by a rising
vote of 11 yeas to 11 nays.
52
JOURNAL
On motion to postpone, the yeas and
nays were taken with the following result:
Yeas—Messrs. Boyce, Benson, Hills, Lara,
Mithoff, Purcell, O'Connell, Watson—8.
Nats—Messrs. Barrett, Bell, Brownlee,
Brown, Gastinel, Griffith, Hart, Jones,
Kavanagh, Lawton, Montamat, Nicolas,
Sullivan, Wright, Wood—15.
Mr. Sullivan's motion to proceed to the
election was then put and carried, when
Mr. Bell nominated Mr. Boyce, of Rapides,
Mr. Barrett nominated Mr. Jones; Mr.
Kavanagh nominated Mr. Nicolas, and Mr.
Brownlee nominated Mr. Montamat.
Mr. Jones declined being a candidate.
On the first ballot Messrs. Barrett, Bell,
Griffith, Hart, Hills, Jones, Montamat, Mit-
hoff, Smith, Watson, Wright and Wood, 12
voted for Mr. Boyce.
Messrs. Boyce, Benson, Delage, Lara,
Nicolas, Purcell and O'Connell, 7 voted for
Mr. Hills.
* Messrs. Brown, Kavanagh and Lawton, 3
voted for Mr. Nicolas.
Messrs. Brownlee, Gastinel and Sullivan,
3, voted for Mr. Montamat.
There being no election, a second ballot
was ordered. Messrs. Nicolas and Monta-
mat withdrew their names as candidates.
Messrs. Barrett, Bell, Brownlee, Benson,
Gastinel, Griffith, Hart, Hills, Jones, Kav-
anagh, Lawton, Montamat, Mithoff, Purcell,
Sullivan, Smith, Watson, Wright and Wood,
19 voted for Mr. Boyce.
Messrs. Brown, Boyce, Delage, Lara,
Nicolas and O'Connell, 6 voted for Mr.
Hills.
Mr, Boyce was therefore declared duly
elected as president pro tern., and on motion
of Mr. Brownlee, he was declared unan-
imously elected, and was conducted to the
chair, upon taking which, he addressed the
Senate as follows:
Gentlemen of the Senate : I sincerely
thank you for this mark of your confidence,
in selecting me to preside over your delib-
erations, during the absence of the lieuten-
ant governor.
It is unnecessary for me to state that I
feel myself unequal to the task you have
selected me to perform, but I hope with
your assistance and counsel to discharge
the duties incumbent on me, with fairness
and impartiality. I may commit errors,
for " to err is human, to forgive divine," I
trust, therefore, you will believe me when
I say, should I commit errors, they will be
errors of the head and not of the heart, and
I trust will be overlooked as such.
Gentlemen, we are assembled here to en-
aqt laws for the government of Louisiana
again, we hope, as one of that glorious
galaxy of States which forms the American
Union. Under the broad folds of that ban-
ner which we were taught in infancy to
love, venerate and cherish—that banner
which has been made to trail in the dust by
the foulest acts of treason ever perpetrated
in a Christian land. But thanks to the gal-
lant army and navy of the United States,
it now floats in triumph over a large por-
tion of every rebellious State, and may the
time soon come when it shall proudly wave
over every inch of American soil.
To my friends from the country parishes,
I wish to say a few words: In after years
when this unholy war shall be over, and
the blessings of peace smile upon our once
happy homes, in Western Louisiana ; when
we shall be enabled to see again those loved
ones from whom we have been driven by a
merciless and unrelenting foe, may we all
be able to lay our hands upon our hearts
and say that we do not regret the course we
have taken; may we be able to look back
with pride and pleasure upon our action as
members of the first Senate offree Louisiana
—redeemed, regenerated and disenthralled
from the grasp of those who have laid their
sacrilegious hands on the Government be-
queathed to us by a Washington and the
heroes of 1776.
Thanking you again, gentlemen, for your
kindness, I shall now enter upon the per-
formance of the duties which your partiality
has assigned me by your votes.
Mr. Bell, on behalf of the Committee on
Printing, submitted the following report:
The Committee on Pxinting report that
the official printer will furnish to the Senate
to-morrow morning, leaves of the official
journal to October 27th, and from that date
to the present time, the leaves of the jour-
nal will be furnished as soon as printed
each day.
Also that an act defining the duties and
compensation of State Printer will be re-
ported to the Senate to-morrow.
Mr. Nicolas, on behalf of the Committee
on Public Lands, reported favorably, by
substitute, on the bill entitled "An act rela-
tive to the sale of public lands."
On motion of Kavanagh, leave of absence
was granted to Mr. Nicolas until Monday
next.
Mr. Nicolas presented the following reso-
luiion which was adopted :
Resolved, That a standing committee on
the State constitution, to be composed of
three members of the Senate, be, by the
president pro tem. appointed, and whose
duty it shall be to report thereon from
time to time, by bills or otherwise, and also
to propose amendments thereto whenever
they may think proper so to do.
The president appointed on said commit-
tee Messrs. Nicolas, Kavanagh and O'Con-
nell.
Agreeably to previous notice, Mr. Smith
introduced a bill entitled " An act defining
the status of persons of mixed blood, which
having been read, Mr. Gastinel moved to
OF THE SENATE.
5S
print 100 copies of the bill, and a motion
being made to table Mr. Gastinel's motion,
the yeas and nays were demanded, and
being taken, resulted as follows :
Yeas—Messrs. Barrett, Bell. Brownlee,
Benson, Delage, Griffith, Hart, Hills, Kav-
anagh, Lawton, Mithoff, O'Connell, Watson,
Wood—14.
Nays—Messrs. Brown, Gastinel, Jones,
Lara, Montamat, Nicolas, Purcell, Sullivan,
Smith, Wright—10.
Mr. Gastinel then moved to print 50
copies. Mr. Hills moved to table the mo-
tion to print. Upon this motion the yeas
and nays were taken, with the following
result :
Yeas—Messrs. Barrett, Brownlee, Benson,
Delage, Griffith, Hart, Hills, Kavanagh,
Lawton, Mithoff, O'Connell, Watson and
Wood—13.
Nays—Messrs. Bell, Brown, Gastinel,
Jones, Lara, Montamat, Nicolas, Purcell,
Sullivan, Smith, Wright—11.
Mr. Brown introduced, agreeably to pre-
vious notice, a bill entitled " An act rela-
tive to levees and roads, which being read,
Mr. Montamat moved that 50 copies be
printed. Mr. Hills moved to table the mo-
tion to print, on which the yeas and nays
were taken with the following result:
Yeas—Messrs. Benson, Delage, Gastinel,
Griffith, Hart, Hills, Jones, Kavanagh, Lara,
Lawton, Mithoff, Nicolas, Purcell, O'Con-
nell, Sullivan, Watson, Wood—17.
Nays—Messrs. Barrett, Bell, Brown, Mon-
tamat—4.
Consequently the motion to print was
laid on the table.
The bill entitled " An act for the relief of
the Deaf, Dumb and Blind," underwent its
first reading.
second beading.
The Senate then took up the following
bills at their second reading :
An act to organize the Supreme Court,
referred to the Judiciary, Committee.
An act for the relief of J. B. McLin of
Orleans, referred to Judiciary Committee.
An act relative to public works, referred
to the Committee on Internal Improve-
ments.
An act relative to adoptioa, ordered to
be engrossed for third reading.
An act relative to criminal fees in the
parish of Jefferson, engrossed for third
reading.
An act to extend the powers of consta-
bles in the parish of Jefferson, engrossed for
third reading.
An act to amend article 330 of the Civil
Code ; 50 copies of this bill was ordered to
be printed.
An act relative to auctioneers, recom-
mitted to the Judiciary Committee.
The president laid before the Senate the
report of the Commissioners of the Second
Drainage District, in response to a joint
resolution of the General Assembly. On
motion the reading of tlie report was dis-
pensed with, and it was referred to the
Committee on Internal Improvements.
Mr. Wright moved to adjourn, on which
motion the yeas and nays were called, and
resulted as follows :
Yeas—Messrs. Bell, Brownlee, Griffith,
Hills, Kavanagh, Lara, Mithoff, Nicolas,
Wright, Wood—10.
Nays—Messrs. Barrett, Brown,.Benson,
Delage, Gastinel, Hart, Lawton, Montamat,
Purcell, O'Connell, Sullivan—11.
Consequently the Senate refused to ad-
journ.
Mr. O'Connell presented the following:
Resolved, That the Senate shall sit each
day from the hour of 12 m. until 3 o'clock
p. m., Sundays excepted.
The foregoing resolution was tabled by
the following vote :
Yeas—Messrs. Barrett, Bell, Benson, De-
lage, Gastinel, Griffith, Hart, Hills, Kav-
anagh, Lara, Lawton, Mithoff, Nicolas,
Purcell, Sullivan, Springer, Wright and
Wood—18.
Nays—Messrs. Brown, Montamat, O'Con-
nell—3.
The Senate then adjourned until 12.
o'clock m., to-morrow.
Approved. John E. Neelis,
Secretary.
Thursday, Nov. 10, 1864.
The Senate was called to order, pursuant
to adjournment.
Present—Hon. C. W. Boyce, president pro
iem., in the chair and the following mem-
bers :
Messrs. Barrett, Bell, Brownlee, Brown,
Griffith, Hills, Jones, Kavanagh, Lara, Law-
ton, Mithoff, Purcell, O'Connell, Sullivan,
Smith, Springer, Watson, Wright, and
Wood—19.
The proceedings were opened with
prayer by the Rev. Dr. Gilbert.
The journal of yesterday was read and
approved.
Mr. Bell, on behalf of the Committee on
Printing, submitted the following report:
The Committee on Printing, to yvhom
was recommitted an act to define the duties
and compensation of State Printer, report
that after due examination, and from infor-
mation received from practical printers
and stationers, submit the following act
and recommend its passage :
" An Act to define the duties and com-
pensation of State Printer."
On motion 50 copies were ordered to be
printed, and the bill was made the order of
the day for Wednesday next.
Mr. Lawton, on behalf of the Committee
on Parochial Affairs, reported favorably
JOURNAL
with amendments on the bill entitled " An
act to regulate the fees of the recorders of
mortgages for the parish of Orleans."
Leave of absence was granted to Mr.
Brown for a few days.
Mr. Gastinel presented the following res-
olution explanatory of the action of the
Senate in relation to the compensation of
the official reporter:
There being some misunderstanding as
to the salary of the official reporter, there-
fore, be it
Resolved, That the official reporter draw
his salary, as fixed by the Senate, at $8 per
day, from the commencement of the session.
Mr. Montamat moved to amend the reso-
lution by adding, provided the pay of the
other officers shall also commence with the
first day of the session.
Mr. Gastinel raised this point of order.
The amendment is out of order, as not ger-
main to the resolution which it proposes to
amend; the resolution only directs the
warrant clerk and financial committee to
comply with a resolution already adopted
by the Senate. The proposed so called
amendment is in effect an attempt to re-
yoke the action of the Senate in relation to
other parties, not effected by the resolution
it proposes to amend.
The president sustained the point of order
and ruled Mr. Montamat's amendment out
of order.
Mr. Montamat appealed from the decision
of the chair, and called for the yeas and
nays.
The president stated the point of order
as follows:
" The chair decides that the amendment
offered by Mr. Montamat is out of order, and
gives the following reasons : An amend-
ment to the report of the Committee on
Auditing and Supervising the Expenses of
the Senate, was offered by myself and
adopted by the Senate, allowing the official
reporter $8 per day from the commence-
ment of the session.' The report of the
committee was adopted nearly a week since.
The resolution offered by Mr. Gastinel is
merely explanatory of the report, and in no
manner amends it; it is therefore in order;
but the amendment offered by Mr. Monta-
mat Is out of order, because it is intended
thereby to change the report of the com-
mittee already adopted by the Senate. If
the gentleman wished the report of the
committee changed, he should have done
so at the time it was adopted, or should
have moved for a reconsideration of the
vote adopting the same, on that or the sue-
ceeding day. An appeal is taken from this
decision; the question is, shall the decision
of .the chair stand as the judgment of the
Senate ? Those in favor of the decision will
say aye, who 1 your name are called, those
of a contrary opinion will say no."
The roll was called, and
Messrs. Barrett, Bell, Brownlee, Benson,
Gastinel, Griffith, Hart, Jones, Mithoff,
Newell, Purcell, O'Conuell, Watson, Wright
and Wood, 15 voted to sustain the decision,
and
Messrs. Brown, Hills, Kavanagh, Lara,
Lawton, Montamat, Sullivan, Smith and
Springer, 9 voted to reverse his decision.
Consequently, the decision of the chair
was sustained.
The original resolution of Mr. Gastinel
was then adopted.
Mr. Jones presented the following reso-
lution which was adopted :
Resolved, That the Senate request his
excellency Gov. Hahn, to issue a procla-
mation ordering the sheriff of the parish of
St. Mary to order an election for a senator
to fill the vacancy occasioned by the resig-
nation of the Hon. Charles Smith, whose
resignation takes effect from and after the
18th of this month.
Mr. Montamat gave notice of his inten-
tion on some future day to introduce a bill
entitled " An act relative to practitioners
of medicine."
Agreeably to previous notice, Mr. O'Con-
nell introduced an act to organize the
police of the city of New Orleans, and ere-
ate a police board therein.
Mr. Kavanagh moved to reject the bill,
on which motion the yeas and nays were
called, with the following result:
Yeas—Messrs. Brownlee, Benson, Grif-
fith, Hart,. Kavanagh, Lara, Montamat, Sul-
livan, Watson, Wright—10.
Nays—Messrs. Barrett, Bell, Brown, Gas-
tinel, Hills, Jones. Lawton, Mithoff, Newell,
Purcell,' O Connell, Smith, Springer and
Wood—14.
Consequently the motion was lost, and
the bill went on the calendar for a second
reading.
second reading.
The Senate theh took up the following
entitled bills:
An act defining the status of persons of
mixed blood. This bill was made the order
of the day for Monday next, and 50 copies
were ordered to be printed.
An act for the relief of the Louisiana In-
stitution for the Deaf, Dumb and Blind.
Mr. Hills moved to amend by reducing
the appropriation from $15,000 to $10,000,
on which motion the yeas and nays were
taken, with the following result :
Yeas—Messrs. Barrett, Bell, Biownlee,
Brown, Gastinel. Griffith, Hills, Lira, Law-
ton, Montamat, Purcell, Sullivan, Springer,
Watson, Wright, Wood—16.
Nays—Messrs. Benson, Hart, Jones, Mit-
hoff, Newell, O'Connell—6.
The bill was then ordered to be engrossed
foil its third reading by the following volet
Yeas—Messrs. Barrett, Bell, Brownlee,
OP THE SENATE.
55
Brown, Gastinel, Griffith, Hart, Hills, Jones,
Lara, Lawton, Mithoff, Montamat, Newell,
Purcell, O'Connell, Sullivan, Springer, Wat-
son, Wright, Wood—21.
Nay—Mr. Benson.
An act relative to levees and roads. This
bill was referred to a special committee of
five. The president named on said com-
mittee Messrs. Brown, J ones, Newell, Mit-
hoff and Montamat.
An act relative to adoption of children.
This bill passed with its' title.
An act relative to the sale of public lands.
Mr. Hills moved to lay this bill upon the
table, on which motion the yeas and nays
were taken, with the following result:
Yeas—Messrs. Brownlee, Brown, Benson,
Griffith, Hart, Hills, Jones, Lawton, Sulli-
van, Springer, Watson, Wood—12.
Nays—Messrs. Barrett, Bell, Gastinel,
Lara, Mithoff, Montamat, Newell, Purcell,
O'Connell, Wright—10.
Consequently the bill was laid on the
table.
An act relative to criminal fees in the
parish of Jefferson. This bill was concurred
in with amendment.
By a message from the House, through
its messenger, the Senate was informed that
the House had concurred in the Senate's
amendments to the House bill entitled "An
act relative to the General Assembly," ex-
cept that which fixes the salary of the as-
sistant secretary of the Senate, and that
Messrs. Foley, Meeks, Lewis, Evans and St.
Martin had been appointed by the speaker
as a committee of conference to meet a sim-
ilar committee from the Senate, on the
amendment relative to the salary of the
assistant secretary of the Senate. The pre-
sident named Messrs. O'Connell, Bell, Hills,
Smith and Lawton, as a committee on con-
ference on the part of the Senate.
The Senate then adjourned until 12 o'clock
M. to-morrow.
Approved.
John E. Neelis,
Secretary.
Friday, Nov. 11, 1864.
The Senate was called to order pursuant
to adjournment, by Hon. C. W. Boyce, pres-
ident pro tern., and the following members
answered to their names:
Messrs. Barrett, Bell, Brownlee, Benson,
Delage, Griffith, Hart, Hills, Jones, Kava-
nagh, Lawton, Montamat, Purcell, O'Con-
nell, Sullivan, Smith, Watson, Wright and
Wood—19.
Prayer was offered by Rev. Mr. Guion.
The journal was read and approved.
Mr. Sullivan presented the following,
which was adopted:
J5e it resolved, That the senators and
members of Congress from this State be re¬
quested to use their influence to have a
pension agent appointed by the United
States Government, for the State of Lou-
isiana.
Agreeably to previous notice, .Mr. Mon-
tamat introduced an act relative to practi-
tioners of medicine, which was read and
placed on the calendar for its second read-
ing.
second reading.
The following bills, at their second read-
ing, were taken up :
An act to organize the police of the city
of New Orleans and create a board of police
therein.
Mr. Barrett moved to refer the foregoing
bill to the Committee on Revising the City
Charter.
Mr. Gastinel moved to lay this motion on
the table, upon this motion the yeas and
nays were taken, with the following result:
Yeas—Messrs. Bell, Brownlee, Gastinel,
Griffith, Hart, Kavanagh, Lara, Montamat,
Sullivan, Watson, Wood—-11.
Nays—Messrs. Barrett, Benson, Delage,
Lawton, Mithoff, O'Connell, Springer and
Wright—8.
The motion was therefore, carried.
Mr. Montamat moved to refer the bill to
a select committee of five.
Mr. Sullivan moved to lay this motion on
the table, upon which motion the yeas and
nays were taken, as follows :
Yeas—Messrs. Barrett, Brownlee, Benson,
Gastinel, Griffith, Hart, Kavanagh, O'Con-
nell, Sullivan, Springer, Watson. Wright,
Wood—13.
Nays—Messrs. Bell, Delage, Lawton, Mit-
hoff, Montamat—5.
Consequently the bill was not referred.
On the motion to engross the bill for its
third reading, the yeas and nays were taken
as follows:
Yeas—Messrs. Barrett, Bell, Delage,
Griffith, Lawton, Mithoff, O'Connell, Spring-
er, Wrightj Wood—10.
Nays—Messrs. Brownlee, Benson, Gas-
tinel, Hart, Kavanagh, Lara, Montamat,
Sullivan, Watson—9.
The bill was therefore ordered to be en-
grossed for its third reading.
An act to regulate the fees of the recor-
ders of mortgages for the parish of Orleans.
Fifty copies of this bill was ordered to be
printed, and it was made the order of the
day for Tuesday next.
third reading.
The Senate then took up the following
bills, at their third reading:
An act to amend article 330 of the Civil
Code.
On the final passage of this bill the yeas
and nays were taken, as follows :
Yeas—Messrs. Barrett, Gastinel, Kava-
nagh, Mithoff—4.
Nays—Messrs. Bell, Brownlee, Benson,
66
JOURNAL
Delage, Griffith, Hart, Hills, Lara, Lawton,
Montamat, O'Connell,. Sullivan, Springer,
Wright, Wood—15.
The bill was therefore, defeated on its
final passage.
An act to extend the powers of consta-
bles in the parish of Jefferson.
This bill passed its third reading—the
title was amended by inserting " parishes
of the State " in lieu of the parish of Jefi'er-
son, so as to make it correspond with the
amendment to the body of the bill, which
was then concurred in as amended.
An act for the relief of the Louisiana In-
stitution for the Deaf, Dumb and' Blind.
The further consideration of this bill was
postponed until Tuesday next.
The Senate then adjourned until 12
o'clock m. to-morrow.
Approved.
John E. Neelis,
Secretary.
Saturday, Nov. 12, 1864.
The Senate was called to order, pursuant
to adjournment, at 12 o'clock m. Present,
Hon. C. W. Boyce, president pro tern., in the
chair, and the following members :
Messrs. Bell, Brown, Benson, Delage,
Griffith, Hart, Hills, Jones, Kavanagh, Law-
ton, Mithoff, Montamat, Newell,-O'Connell,
Sullivan, Smith, Springer Wright and
Wood—19.
Prayer was offered by Rev. Mr. Seymour.
On motion of Mr. Montamat, the reading
of the journal was dispensed with.
On motion of Mr. Hills, the Senate ad-
journed until 12 o'clock m., on Monday
next.
Approved.
John E. Neelis,
Secretary.
Monday, Nov, 14,1864.
The Senate was called to order at 12
o'clock m. pursuant to adjournment, by
Hon. C. W. Boyce, president pro tem.
Present—Messrs. Barrett, Bell, Benson,
Delage, Griffith, Hart, Hills, Jones, Lawton,
Mithoff, Montamat, Newell, Purcell, O'Con-
nell, Smith, Springer, W atson, Wood—19.
Prayer by Rev. Dr. Newman.
The journal of Friday and Saturday was
read and approved.
Mr. Jones, on behalf of the Judiciary
Committee, reported favorably on an act to
organize the Supreme Court. On motion
of Mr. Hills, 50 copies of this bill was or-
dered to be printed, and it was made the
order of the day for Thursday next.
Mr. Hills, on behalf of the Committee on
Public Education, submitted the following
report :
The Committee on Public Education re¬
spectfully report that they have appointed
J. D. Swain as clerk of said committee and
that his services in that capacity commenced
on the 27th October, 1864.
On motion of Mr. Smith, he was excused
from serving on committees, and the presi-
dent was requested to appoint other mem-
bers in his place. The president appointed
the following:
On Elections, Mr. E. Hart; on Banks and
Banking, Mr. W. H. Lawton ; on Judiciary,
Mr. John Brownlee.
Mr. Bell, on behalf of the Committee on
Auditing and Supervising Expenses, re-
ported that the committee had approved the
following bills, for newspapers furnished
the Senate : The Times $170 85 ; Tracy &
Fairfax $128 60; True Delta $134; Pica-
yune $195 ; Louisiana State Gazette $2 ;
Louisiana State Gazette $7 50; Bee $93 80;
Tribune $4 80—making a total of $730 65.
. The report was adopted.
Mr. O'Connell, on behalf of the Commit-
tee of Conference, submitted the following
report which, on motion of Mr. Montamat,
was received and adopted :
Mr. President—-The undersigned, on be-
half of the Committee on Conference, in re-
ference to the disagreement between the
two Houses on the Senate's amendment to
the House bill, entitled " An act relative to
the General Assembly, relative to the sala-
ry of the assistant secretary of the Senate,"
respectfully report that we have agreed on
a compromise, fixing the compensation of
the assistant secretary at twelve hundred
and fifty dollars per session, payable at the
end of each session on his own warrant on
the auditor of public accounts, and we re-
spectfully recommend the adoption of the
compromise by the two Houses.
J. D. O'Connell,
Chairman Senate Committee.
John Foley,
Chairman House Committee.
Mr. Montamat presented the following :
Resolved, That every vote on the subject
of the act defining the status of persons of
mixed blood, shall be taken by yeas and
nays, and that all members of this House
are required to record their votes, and that
the votes be not declared by the chair, un-
til all members have voted.
Mr. Smith moved to lay the resolution on
the table, upon which motion the yeas and
nays were demanded with the following re-
suit:
Yeas—Messrs. Barrett, Benson, Delage,
Hills, Jones, O'Connell, Smith, Wright—8.
Nays—Messrs. Bell, Brownlee, Gastinel,
Griffith, Hart, Kavanagh, Lara, Lawton,
Mithoff, Montamat, Newell, Purcell, Sulli-
van, Springer, Watson, Wood—16.
The resolution was therefore not tabled,
and was then adopted.
OF THE SENATE.
57
Mr. O'Connell presented the following
which was adopted:
Whereas, The Era and Times, daily news-
papers of this city, have publicly offered to
publish the official journal of the General
Assembly without charge ; therefore, be it
jResolved, That the secretary be and he
is hereby instructed to furnish copies of the
journal to the said papsrs as soon as the
same shall be approved, and that they be
permitted to publish the same under the
head of official.
Mr. Swain was sworn in as clerk of the
Committee on Public Education.
special order of the dat.
The Senate then took up the special or-
der of the day, being the bill entitled " An
act defining the status of persons of mixed
blood."
Mr. Montamat moved to lay the bill on
table indefinitely, upon which the yeas and
nays were demanded and taken as follows :
Yeas—Messrs. Barrett, Bell, Brownlee,
Benson, Gastinel, Griffith, Hart, Hills, Kav-
anagh, Lara, Lawton, MithofF, Montamat,
Newell, Purcell, O'Connell, Sullivan,
Springer, Watson, Wood—20.
Nats—Messrs. Delage, Jones, Smith—3.
On motion of Mr. Montamat, the president
was required to vote, and he did so in the
negative.
On motion of Mr. Montamat, the vote
adopting his resolution requiring all mem-
bers tasrecord their vote before the result
should We announced, was reconsidered,
and with the consent of the Senate, it was
withdrawn; the result was then announced
as 20 ayes, 4 nays.
Consequently the bill was tabled.
Mr. Jones moved to take up the bill en-
titled " An act relative to certain expenses
of persons elected to the Congress of the
•United States," upon which motion the yeas
and nays were taken as follows :
Yeas—Messrs. Bell, Hilla, Jones, Kava-
nagh, MithofF, Montamat, Newell, O'Con-
nell, Sullivan, Springer, Watson, Wood—12.
Nats—Messrs. Barrett, Brownlee, Ben-
son, Delage, Gastinel, Griffith, Hart, Lara,
Lawton—9.
The motion thereupon prevailed, and the
bill was ordered to be taken up.
Mr. Gastinel objected to taking up the
bill, and raised the point of order, that this
bill having been laid on the table, and a
motion to reconsider the vote tabling the
bill, having been also laid on the table, it
cannot again be called up. I
The president decided that the simple
motion to lay a bill on the table, does not
prevent a majority of the Senate from
again calling the bill up.
From this decision Mr. Gastinel appealed,
and on the question, shall the decision of
the chair be sustained, the yeas and nays
were taken, as follows :
Yeas—Messrs. Barrett, Bell, Delage, Grif-
fith, Hills, Jones, Kavanagh, Lawton, Mit-
hofF, Newell, O'Connell, Springer, Watson,
Wood—14.
Nats—Messrs. Brownlee, Benson, Gas-
tinel, Hart, Lara, Montamat, Sullivan—7.
Consequently the decision was sustained.
The bill having been taken up, Mr. Kav-
anagh raised the point of order, that this
bill which contemplates an appropriation
to individuals is a violation of article 112,
which is in the following words :
" The Legislature shall not have power to
grant aid to companies or associations of
individuals, except to charitable associa-
tions, and to such companies or associations
as are, and shall be formed for the exclu-
sive purpose of making works of internal
improvement, wholly or partially within
the State, to the extent of one-fifth of the
capital of such companies, by subscription
of stock or loan, in money or public bonds ;
but any aid thus granted shall be paid to
the company only in the same proportion
as the remainder of the capital shall be
actually paid in by the stockholders of the
company, and in case of loan, such adequate
security shall be required as to the Legis-
lature may seem proper.
No corporation or individual association
receiving the aid of the State, as herein pro-
vided, shall possess banking or discounting
privileges."
The president decided that the bill was
not a violation of either the letter or spirit
of the article of the constitution quoted.
From this decision Mr. Kavanagh ap-
pealed.
The president stated the question, and
gave the following reasons for his decision:
The honorable senator from the Third Dis-
trict raises the point that the bill before the
Senate is in direct opposition to article 112
of the constitution of 1864.
If the gentleman will examine article 112
carefully, he will find that the article says
nothing upon the subject of relief bills.
The chair decides that the bill now before
the Senate is not unconstitutional, and gives
the following reasons:
Article 112 of the constitution refers to
companies or associations for purposes of
internal improvements, etc., and not to bills
for the relief of individuals, upon which the
constitution is silent, the whole matter rests
with the Legislature to grant relief, when-
ever it may deem the same right and pro-
per. If the view taken by the senator is
carried out by the Senate, some of its for-
mer acts are unconstitutional, and in future
the Legislature will have no right to grant
relief to justices of the peace, tax collectors
or other persons entitled to the same. The
only appropriations it will have power to
make, are those which are specified in 1he
constitution; that is for. the payment of the
58
JOURNAL
members of the General Assembly. State
officers, and as specified in article il2, for
internal improvements, support of public
schools and charitable institutions.
The Legislature undoubtedly has the
right to make such appropriations for the
relief of individuals as it may deem proper,
as all former Legislatures have done.
The yeas and nays were then taken on
tl^e question, shall the decision stand, and
resulted as follows:
. Yeas—Messrs. Barrett, Bell, Gastinel,
Jones, Lawton, Mithoff, Newell, Watson,
Wood—9.
Nats—Messrs. Brownlee, Benson, Delage,
Griffith, Hart, Hills, Kavanagh, Lara,
O'Connell. Sullivan, Springer—11.
The decision of the chair was therefore,
not sustained, and the bill was ruled out of
order.
second reading.
The Senate then took up the bill entitled
" An act relative to practitioners ot medi-
cine," which was amended to make the bill
apply to the city only.
The bill was read a second time, and re-
ferred to the Committee on Parochial Af-
fairs.
The Senate then took up the bill entitled
" An act to organize a police force in the
city ot New Orleans, and to create ^ board
of police therein."
Mr. Moutamat moved to refer the bill to
the Committee on City Charter.
Mr. 0 Connell moved to lay the motion
on the table, upon which motion the yeas
and nays were taken, with the following
result:
Yeas—Messrs. Barrett, Bell, Benson, De-
lage, Griffith, Hart, Hills, Jones, Lara, Law-
ton, Mithoff, Newell, O'Connell and
Springer—14. •
Nays — Messrs. Brownlee, Gastinel, Kav-
anagh, Montamat, Sullivan, Watson and
Wood—7.
The motion to refer was thereupon
tabled.
On motion of Mr. Hills, the bill was or-
dered to be printed and made the order of
the day for Friday next.
Leave of absence was granted to Messrs.
Delage and Wright for a faw days.
Mr. Smith gave notice of his intention on
some future day to introduce a bill extend-
ing the right of suffrage to such other per-
sons, citizens of the United States, as by
military service, by taxation to support the
government or by intellectual fitness, are
entitled thereto.
Mr. Kavanagh laid before the Senate the
report of the Board of Administiators of
the Charity Hospital, which was read and
referred to the Committee on Charitable
Institutions.
Mr. O'Connell presented the following :
Resolved, That a copy of all bills in¬
curred on account of the Senate, shall be
kept in a conspicuous place, either in the
Senate chamber or in the Senate committee
room, and open to the inspection of any
member at all times.
Mr. Lara moved to amend that a book be
kept for the purpose; and that the same bo
left on the table of the committee room,
open to the inspection of all.
The amendment was accepted.
Mr. Gastinel moved to further amend,
that a black board be ordered to be made
by the sergeant-at-arms for the purpose of
exposing tbe expenses incurred by the
Senate.
A motion was then made to lay the orig-
inal resolution on the table, upon which
motion the yeas and nays were demanded
and taken, as follows :
Yeas—Messrs. Bell, Benson, Gastinel,
Hills, Kavanagh, Sullivan, Springer—7.
Nats—Messrs. Barrett, Brownlee, Grif-
fith, Hart, Lara, Lawton, Mithoff, Newell,
O'Connell, Purcell, Smith, Wood—12.
The motion was therefore lost, and pend-
ing discussion on the bill,
The Senate then adjourned until 12
o'clock, it. to-morrow.
Approved.
John E. Neelis,
Secretary.
Tuesday, Nov. life, 1864.
The Senate was called to order at 12
o'clock m. pursuant to adjournment.
Present—Hon. C. W. Boyce, president
pro tern., in the chair, and the following
members:
Messrs. Barrett,. Bell, Brownlee, Benson,
Gastinel, Griffith, Hart, Hills, Jones, Kava-
nagh, Lara, Lawton, Mithoff, Newell, O'Coft-
nell, Smith, Springer, Wood—19.
The proceedings were opened with
prayer by Rev. Mr. Hopkins.
The journal of yesterday having been
read, Mr. Kavanagh objected to the spread-
ing on the minutes the reasons of the presi-
dent for his decision on the point of order,
relative to the bill entitled "An act relative
to certain expenses of persons elected to
the Congress of the United States," and
called for the yeas and nays on the motion
to approve the minutes, which being taken,
resulted as follows :
Yeas—Messrs. Bell, Benson, Griffith,
Hart, Hills, Lawton, Mithoff, Newell, Pur-
cell, Smith, Springer, Wood—12.
Nays—Messrs. Barrett, Brownlee, Gas-
tinel, Kavanagh, Lara, Montamat, O'Con-
nell, Sullivan—8.
Consequently the motion prevailed, and
the minutes were approved. •
Mr. Hills, on behalf of the Special Comr
mitte to invite the Catholic Clergy to offi-
ciate in the Senate, reported that the com-
OF THE SENATE.
59
mittee had discharged the duty assigned it,
and that a Catholic Priest would open the
proceedings with prayer on every Friday
morning.
The report was adopted, and the commit-
tee was discharged.
Mr. Hart moved a reconsideration of the
vote of yesterday, by which the decision of
the president on the point of order, raised
by Mr. Kavanagh, was reversed. Upon
this motion the yeas and nays were taken,
with the following result:
Yeas—Messrs. Bell, Gastinel, Griffith,
Hart, Lawton, Mithoff, Newell, Purcell,
O'Connell, Smith, Springer, Wood—12.
Nays—Messrs. Barrett, Brownlee, Ben-
son, Hills, Kavanagh, Lara, Montamat, Sul-
livan—8.
Consequently the motion prevailed.
On motion of Mr. Hart, Mr. Watson was
excused from attendance on account of
illness.
Mr. Smith agreeably to previous notice
introduced a bill entitled " An act to ex-
tend the right of suffrage:"
Mr. Sullivan moved to reject the bill,
upon which motion the yeas and nays were
demanded and being taken, resulted as
follows:
Yeas—Messrs. Bell, Brownlee, Gastinel,
Griffith, -Hart, Hills, Kavanagh, Lara, Law-
ton, Mithoff, Montamat, O'Connell, Sullivan,
Springer, Wood—15.
Nays—Messrs. Barrett, Benson, Newell,
Purcell, Smith—5.
Consequently the motion prevailed and
the bill was rejected on its first reading.
unfinished business.
The Senate then took up the unfinished
business, being the resolution offered by
Mr. O'Connell on yesterday, relative to the
bills of expenses of the Senate.
A motion was made to lay the resolution
on the table, upon which motion the yeas
and nays were demanded, and being taken,
resulted as follows :
Yeas—Messrs. Barrett, Bell, Brownlee,
Gastinel, Jones, Montamat, Sullivan and
Smith—8.
Nays—Messrs. Benson,Griffith, Hart, Hills,
Kavanagh, Lara, Lawton, Mithoff, Newell,
O'Connell, Purcell, Springer and Wood—13.
Consequently the motion to table was lost.
The yeas and nays were then demanded
on the adoption of the resolution, and being
taken, resulted as follows:
Yeas—Messrs. Barrett, Bell, Brownlee,
Benson, Gastinel, Griffith, Hart, Hills, Jones,
Kavanagh, Lara, Lawton, Mithoff, Newell,
O'Connell, Purcell, Sullivan, Springer and
Wood—19.
Nays—Messrs. Montamat and Smith—2.
Consequently the resolution was adopted.
special orders op the day.
The Senate then took up the special or-
ders of the day, the first of which was the
bill entitled " An act to regulate the fees of
the recorders of mortgages."
Mr. O'Connell moved to make the bill
the order of the day for Saturday next.
Mr. Gastinel moved to lay this motion on
the table, upon which the yeas and nays
were taken, as follows :
Yeas—Messrs. Barrett, Brownlee, Benson,
Gastinel, Hart, Jones, Lawton, Mithoff,
Montamat, Newell, Purcell, Sullivan—12.
Nays—Messrs. Griffith, Hills, Kavanagh,
Lara, O'Connell, Springer, Wood—7.
The motion to postpone was therefore
tabled.
On motion of Mr. Hills, the figures re-
ported by the committee were adopted and
ordered to be inserted in the bill.
Mr. Purcell moved to lay the whole mat-
ter on the table, upon which motion the
yeas, and nays were taken and resulted as
follows:
Yeas—Messrs. Barrett, Brownlee, Gas-
tinel, Griffith, Hills, Jones, Kavanagh, Lara,
Lawton, Mithoff, Newell, O'Connell, Pur-
cell, Springer, Wood—15.
Nays—Messrs. Benson, Hart, Montamat,
Sullivan—4.
The whole subject was laid on the table.
The second special order of the day was
the bill entitled " An act for the relief of
the Louisiana Institution for the Deaf, Dumb
and Blind," which was taken up at its third
reading.
* On motion of Mr. Benson, the bill was
recommitted to a Committee of the Whole,
and the Senate having resolved itself into a
Committee of the Whole for the purpose of
considering the bill, with Mr. Gastinel in
the chair, after some time the committee
rose and reported that the Committee of the
Whole had adopted the bill with the fol-
lowing proviso to the second section : Pro-
vided. That all legitimate claims against
said institution shall be first paid trom said
appropriation.
On motion of Mr. Montamat, the report
of Committee of the Whole was adopted.
Mr. Kavanagh then moved to lay the
whole subject on the table, upon which mo-
tion the yeas and nays were taken, as fol-
lows :
Yeas—Messrs. Griffith, Kavanagh and
Wood—3.
Nays — Messrs. Barrett, Bell, Brownlee,
Benson, Gastinel, Hart, Hills, Lara, Lawton,
Mithoff, Montamat, Newell, O'Connell, Pur-
cell, Sullivan, Smith—16.
Consequently the motion to table was
lost and the bill was read as amended and
passed with its title.
Mr. Hills gave notice that on some future
day he will introduce a bill entitled " An
act to authorize the city of New Orleans to
make certain local improvements, and for
that purpose, to levy a tax upon the pro-
perty specially benefited thereby."
60
JOURNAL
Mr. Smith gave a similar notice of a bill
to extend the right of suffrage, based on
universal freedom.
The yeas and nays were then taken
on a motion to adjourn, and resulted as
follows:
Yeas—Messrs. Barrett, Bell, Brownlee,
Gastinel, Griffith, Hart, Hills, Jones, Kava-
nagh, Lara, Lawton, Mithoff, Newell, Pur-
cell, Sullivan, Springer, Wood—17.
Nats—Messrs. Benson, Montamat, O'Con-
nell, Smith—4.
Consequently the Senate adjourned until
12 o'clock m. to-morrow.
Approved.
John E. Neelis,.
Secretary.
Wednesday, Nov. 16,1864.
The Senate was called to order at 12
o'clock m. pursuant to adjournment.
Present—Hon. C. W. Boyce, president
pro tern., in the chair, and the following
members:
Messrs. Bell, Brownlee, Benson, Gastinel,
Griffith, Hart, Hills, Jones, Lara, Lawton,
Mithoff, Newell, Nicolas, O'Connell, Purcell,
Smith, Springer, Watson—19.
Prayer was offered by Rev. Mr. Chub-
buck.
The journal of yesterday was read and
approved.
Mr. Jones, on behalf of the Judiciary
Committee, reported unfavorably on the
following bills, which had been referred to
that committee, and recommended their re-
jection:
" An act for the relief of J. B. McLin, of
the parish of Orleans."
" An act relative to auctioneers."
On motion of Mr. Hills, the unfavorable
report of the committee on said bills was
adopted.
Mr. Hills, on behalf of the Committee on
Education, made a verbal report that a bill
had been prepared, and would shortly be
submitted in the other House, wherefore
the committee recommend that no action
be taken on the subject until that bill shall
come before the body. The report was
adopted.
On motion of Mr. Mithoff, leave of absence
was granted to Mr. Watson on account of
illness.
special order of the dat.
The Senate took up the special order of
the day, being the bill entitled " An act
defining the duties and compensation of
State Printer."
On motion of Mr. Lara, the further con-
sideration of the bill was postponed until
Monday the 21st inst., for which day, the
bill was made the special order 'of the
day.
On motion, the Senate then went into
executive session, and after some time the
doors being opened, the Senate accounted
until 12 o'clock m. to-morrow.
Approved.
John E. Neelis,
Secretary.
Thursday, Nov. 17,1864.
The Senate was called to order at 12
o'clock m. pursuant to adjournment.
Present—Hon. C. W. Boyce, president
pro tem., in the chair, and the following
members:
Messrs. Barrett, Bell, Benson, Delage,
Hart, Hills, Lara, Lawton, Mithoff, Monta-
mat, Newell, Nicolas, O'Connell, Purcell,
Sullivan, Smith, Springer, Wood—19.
Prayer was offered by Rev. Mr. Gilbert.
The journal of yesterday was read and
approved.
Mr. Sullivan, on behalf of the Committee
on Federal Relations, reported favorably,
by substitute, relative to a post-office at
Baton Rouge. The report and substitute
were adopted.
Mr. Lawton, on behalf of the Committee
on Parochial Affairs, reported favorably
with amendment on "An act to prohibit
the municipal corporations of the city of
New Orleans from letting out by contract
any of the public works of the city."
Mr. Hills, on behalf of the committee on
inviting the Catholic clergy. to assist in
opening the sessions of the Senate by prayer,
reported that the committee had addressed
a letter to Archbishop Odin, to which the
committee had received the following re-
ply:
New Orleans, Nov. 16, 1864.
To the Hon. Messrs. Alfred C. Hills, John
Sullivan and John Purcell, members of
the Senate, New Orleans:
Gentlemen—To comply with your re-
quest, I have designated Rev. Father Mur-
phy, of the Baronne street church, to offi-
ciate as chaplain at the opening of the ses-
sions of your honorable body. Do me the
favor to inform him of the day of the week
and of the hour on which you desire him to
attend. He will be punctual.
Most respectfully, your obedient and
humble servant,
(Signed,) fJ. M. Odin,
Archbishop of New Orleans.
On motion of Mr. Hills, the foregoing let-
ter was ordered to be spread on the min-
utes, and the secretary was directed to no-
tify Father Murphy that Friday of each
week would be set aside for him to officiate
at the opening of the sessions of the Senate.
Mr. Montamat presented the memorial of
the Ladies of Providence, asking an appro-
priation for the support of their charitable
institution.
OP THE SENATE
61
The memorial was read and referred to
the Committee, on Charitable Institutions.
Mr. Hills, agreeably to previous notice,
introduced a bill entitled " An act to au-
thorize the city of New Orleans to make
certain local improvements, and lor that
purpose, to levy a tax upon the property
specially benefited thereby," which was
read the first time.
Agreeably to previous notice, Mr. Nicolas
introduced " An act to render valid certain
marriages," which underwent its first read-
ing.
Mr. Montamat presented a joint resolu-
tion relative to Hon. Charles Smith and
Hon. R. King Cutler, United States Sena-
tors elect from the State of Louisiana, which
being read the first time, the' rules were
suspended and the joint resolution was read
a second time, and on a further suspension
of the rules, it was adopted and passed with
its title.
On motion of Mr. Montamat, the secreta-
ry was directed to request the concurrence
of the House therein.
Mr. Montamat presented the following :
Be it resolved, That the auditor of the
State be required to pay the per diem of
senators Hills and Delage, from the first
day of the session of the Senate, viz : 3d of
October, 1864.
A division of the question being called
for, the vote was first taken on that part of
the, resolution relative to senator Hills,
when the yeas and nays were demanded on
its adoption, which resulted as follows :
Yeas—Messrs. Barrett, Bell, Boyoe, De-
lage, Gastinel, Hart, Jones, Kavanagh,
Lawton, Mithoff, Montamat, Newell, Nico-
las, O'Connell, Purcell, Sullivan, Smith,
Springer, Wood—19.
Nays—Messss. Benson and Lara—2.
Consequently that portion of the resolu-
tion was adopted.
The vote was then taken on that portion
of the resolution relating to senator Delage,
and the yeas and nays being demanded on
its adoption, resulted as follows:
Yeas—Messrs. Barrett, Bell, Gastinel,
Hart, Hills, Jones, Kavanagh, Lawton,
Montamat, Newell, Nicolas, Purcell, Sulli-
van, Smith, Wood—15.
Nays—Messrs. Boyce, Benson, Lara, Mit-
hoff, O'Connell, Springer—6.
Consequently the second portion was
adopted and the resolution was then
adopted as a whole without amendment.
special order of the day.
The special order of the day being the
bill entitled " An act to organize the Su-
preme Court," was taken up and read and
adopted section by section.
A motion was then made to suspend the
rules in order to put the bill on its final
passage, upon which motion the yeas and
nays were taken, as follows :
_ Yeas—Messrs. Bell, Barrett, Delage, Gas-
tinel, Jones, _ Mithoff, Montamat, Newell,
Nicolas, Sullivan, Smith, Springer and
Wood—13.
Nays—Messrs. Benson, Hart, Hills, Lara,
Lawton, O'Connell, Purcell—7.
Four-fifths of the members not voting in
favor of the suspension of the rules, the
motion was lost and the bill was ordered to
be engrossed for its third reading.
messages from the house.
By a message from the House, through
its clerk, the concurrence of the Senate was
requested in the following bills :
" An act to provide a homestead for the
widows and children of deceased persons."
"An act to provide a lien law for the ben-
efit of mechanics and laborers."
"An act relative to the justices of the
peace of the parish of Orleans."
"Joint resolution authorizing our sena-
tors and representatives to Congress to use
their influence to have a post-office re-
established in Algiers, La."
The foregoing bills cf the House under-
went their first reading.
By the same message the bill of the Sen-
ate entitled •' An act to repeal an act to
regulate the jurisdiction of justices of the
peace of the parish of Orleans in certain
cases," together with two House substitutes
for said act, were returned to the Senate
with the following endorsement on one of
the House substitutes : " Third reading and
adopted ; referred back in order that the
certain cases therein alluded to may be in-
serted for the proper understanding of the
bill in question."
On motion of Mr. Purcell, the president
appointed Messrs. Gastinel, Mithoff and
Barrett, a committee of conference to meet
a committee of members of the House for
the purpose of conferring in relation to the
foregoing message of the House.
A motion was made to adjourn, upon
which motion the yeas and nays were de-
manded, and resulted as follows :
Yeas—Messrs. Hills, Kavanagh, Nicolas,
Wood—i.
Nays—Messrs. Barrett, Bell, Delage, Gas-
tinel, Hart, Jones, Lara, Lawton, Mithoff,
Montamat, O'Connell, Purcell, Sullivan,
Smith, Springer—15.
Consequently the motion to adjourn was
lost.
Mr. Sullivan presented the following,
which was laid on the table :
Resolved, That no senator shall leave the
Senate chamber after he has once entered
the bar of the Senate, without the consent
of the president.
The Senate then adjourned until 12
o'clock m. to-morrow.
Approved.
John E. Neelis,
Secretary.
62
JOURNAL
Friday, Nov. 18, 1864.
The Senate was called to order at 12
o'clock m. pursuant to adjournment.
Present—Hon. C. W. Boyce, president
pg) tern, in the chair, and the following
members :
Messrs. Barrett, Bell, Brown, Benson,
Delage, Hart, Hills, Jones, Kavanagh, Lara,
Lawton, Mithoff, Newell, Nicolas, O'Con-
nell, Purcell, Smith, Watson, Wood—19.
The proceedings were opened with prayer
by Rev. Father Murphy, of the Catholic
church.
The journal of yesterday was read and
approved.
house bill.
The House bill entitled " An act relative
to the justices of the peace for the parish of
Orleans," underwent its first reading.
special order op the day.
The bill entitled " An act to organize the
police of the city and create a board of po-
lice therein," being the special order of the
day, was taken up at its third reading.
On motion of Mr. Gastinel the rules were
suspended with the view of allowing
amendments.
The bill was then ordered to be taken up,
section by section. The first section was
read as follows :
• Section 1. Beit enacted by the Senate and
House of Representatives of the Slate of Lou-
isiana in General Assembly convened, That
the city of New Orleans shall maintain a
police force, consisting of not less than five
hundred policemen, to be organized by an
ordinance, determining the places and
functions to be assigned to said policemen,
respectively, as well as the uniform they
shall wear ; provided, the salary of the offi-
cers and policemen be not less than the fol-
lowing amounts per month :
Chief of police $250 00
Lieutenants of police, each 150 00
Sergeants and clerks of police, each 100 00
Corporals of police, each 90 00
Privates, (day and night,) each.... 80 00
Detective, or special police 125 00
Mr. Gastinel moved to amend by insert-
ing in the fourth line, between the words
" policemen and to," the words " to be ap-
pointed and organized by the mayor," and
also by striking out the words " to be or-
ganized " and the words " detective or spe-
cial police, each $125 00."
Mr. Montamat moved to strike out the
whole section, which motion Mr. O'Connell
moved to lay on the table, whereupon the
yeas and nays were demanded aDd taken
as follows:
Yeas—Messrs. Brownlee, Hart, Hills,
Kavanagh, Lara, Lawton, Mithoff, Newell,
Nicolas—9.
Nays—Messrs. Barrett, Bell, Brown, De-
lage, Gastinel, Montamat, O'Connell, Pur-
cell, Sullivan, Springer, Wood—11.
Consequently the motion was not tabled.
The question recurring on the motion to
strike out the section, the yeas and nays
were demanded and taken as follows :
Yeas—Messrs. Gastinel, Kavanagh, Mon-
tamat, Nicolas, Purcell, Sullivan and
Springer—7.
Nays—Messrs. Barrett, Bell, Brownlee,
Brown, Delage, Hart, Hills Lara, Lawton,
Mithoff, Newell, O'Connell, Wood—13.
Consequently the section was not strcken
out.
Mr. Kavanagh moved to amend by add-
ing after the word " policemen "the words
" to be uniformed with distinction of grade,
and said policemen shall receive not less
than the following rates."
Mr. Montamat moved to lay the amend-
ment on the table, upon which motion the
yeas and nays were demanded and taken as
follows:
Yeas—Messrs. Barrett, Bell, Brown, Gas-
tinel, Hills, Lara, Lawton, Mithoff, Monta-
mat, Newell, O'Connell, Sullivan, Springer,
Wood—14.
Nays—Messrs. Brownlee, Benson, Delage,
Hart, Kavanagh, Nicolas, Purcell—7.
Consequently the amendment was laid on
the table.
Mr. Montamat moved the following as a
substitute for Mr. Gastinel's amendment
and the whole section :
That the city of New Orleans shall main-
tain a police force consisting of not less than
five hundred policemen, to be appointed by
the mayor and organized by an ordinance
of the common council of the city of New
Orleans, determining the places and func-
tions to be assigned to said policemen, re-
spectively, as well as the uniform they shall
wear, provided the salary of the officers and
policemen be not less than the following
amounts per month:
Chief of police $250 00
Lieutenants of police, each 150 00
Sergeants and clerks of police, each 100 00
Corporals of police, each 90 00
Privates (day and night,) each 80 00
Mr. O'Connell moved to reject the sub-
stitute, upon which motion the yeas and
nays were demanded and taken as follows :
Yeas—Messrs. Benson. Hart, Hills, Kav-
anagh, Lawton, Newell, O'Connell, Purcell,
Wood—9.
Nays—Messrs. Barrett, Bell, Brownlee,
Brown, Delage, Gastinel, Lara, Mithoff,
"Montamat, Newell, Sullivan, Springer—12.
Consequently the substitute was not re-
jected.
A motion was made to postpone the fur-
ther consideration of the bill until Monday
next, and another motion was made to lay
the motion on the. table, upon which the
yeas and nays were demanded and taken
as follows i
Yeas—Messrs. Barrett, Bell, Brown, Ben-
OF THE SENATE.
63
son, Gastinel, Hart, Kavanagh, Mithoff,
Montamat, Newell, Nicolas^ O'Connell,
Purcell, Sullivan, Springer, Wood—16.
Nats—Messrs. Brownlee, Delage, Hills,
Lara, Lawton—5.
Consequently the motion to postpone
was laid on the table.
On the adoption of the section as amended
by Mr. Montamat, the yeas and nays were
demanded and being taken, resulted as
follows:
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Delage, Gastinel, Mithoff, Montamat,
Newell, Sullivan, Springer—11.
Nays—Messrs. Benson, Hart, Hills, Kav-
anagh, Lara, Lawton, Nicolas, Purcell and
Wood—10.
The president pro tern, voted in the neg-
ative, pausing a tie, whereby the motion to
adopt was declared lost.
Mr. Gastinel moved to strike out the en-
acting clause of the bill, which motion Mr
O'Connell moved to lay on the table, where-
upon the yeas and nays were -demanded
and taken as follows :
Yeas—Messrs. Benson, Hart, Hills, Lara,
Lawton, Mithoff and O'Connell—7.
Nats—Messrs. Barrett, Bell, Brownlee,
Brown, Delage, Gastinel, Kavanagh, Monta-
mat, Newell, Nicolas, Purcell, Sullivan,
Springer and Wood—14. •
The motion to strike out was therefore not,
laid on the table, and the question then re-
curred on the motion to strike out, upon
which the yeas and nays were taken as fol-
lows:
Yeas—Messrs. Barrett, Bell, Brownlee,
Delage, Gastinel, Kavanagh, Montamat,
Nicolas, Purcell, Sullivan, Springer and
Wood—12.
Nays — Messrs. Brown, Benson, Hart,
Hills, Lara, Lawton, Mithoff, Newell,
O'Connell—9.
Consequently the enacting clause was
stricken out and the bill was declared lost.
Mr. Kavanagh moved to reconsider the
foregoing vote, which motion was laid on
the table.
By a message from the House, the Senate
was informed that the House had concurred
in the Senate amendments to the House
bill entitled " An act to extend the powers
of constables in the State of Louisiana."
Also, requesting the concurrence of the
Senate in the House bill entitled " An act
to provide ways and means for carrying on
the government of the State." The last
named bill underwent its first reading.
second beading.
The Senate then took up the following
bills for their second reading :
An act to authorize the city of New Or-
leans to make certain local improvements,
and for that purpose to levy a tax upon the
property specially benefitted thereby. Re-
ferred to a special committee of three city
members, upon which the president ap-
pointed Messrs. Hills, Montamat and Pur-
cell.
An act to render valid certain marriages.
Mr. Hills moved to lay this bill on the
table, upon which motion the yeas and
nays were demanded, and being taken re-
suited as follows :
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Benson, Gastinel, Hart, Hills, Lara,
Mithoff, Newell, Purcell, O'Connell, Sulli-
van, Springer, Wood—16.
Nays—Messrs. Delage, Lawton, Monta-
mat, Nicolas—4.
The motion therefore prevailed.
An act to prohibit the municipal corpo-
rations of the city of New Orleans from
letting out by contract any of the public
works of the city.
The amendment proposed by the commit-
tee was adopted and the bill was laid on
the table subject to call.
An act to provide a homestead for the
widows and orphans of deceased persons.
Ref rred to the Committee on Charitable
Institutions.
An act to provide a lien law for the ben-
efit ot mechanics and laborers. Referred
to the Judiciary Committee.
Joint resolution authorizing our senators
and representatives to Congress to use their
influence to have a post-office re-established
in Algiers. Referred to Committee on
Federal Relations.
third beading.
The bill entitled "An act to organize the
Supreme Court," was taken upon its third
reading and was passed with us title.
The Senate then adjourned until 12
o'clock m. to-morrow.
Approved.
John E v : is,
S ■ • ary.
Saturday, Not .864.
The Senate was called to . ;<suant
to adjournment, at 12 o'clock
Present—Hon. C. W. Low m -blent
protem., in the chair, and ih on owing
members : Messrs Barrett,, he:i. ■■-n.vvnlee,
Brown, Benson, Delage, Gas!met. Mart,
Hills, Jones, Lara, Lawton, Mil;.oh.Newell,
Nicolas, O'Connell, Sullivan, springer,
Watson, Wood—20.
Prayer was offered by Rev. Mr. Horton.
The journal of yesterday was read and
approved.
Mr. Nicolas, on behalf of the Committee
on Enrollment, reported as correctly en-
rolled the joint resolution relative to the
Hon. Charles Smith and R. King Cutler,
United States senators elect.
Mr. Benson, on behalf of the Committee
on Charitable Institutions, reported back
without action the bill entitled " An act
64
JOURNAL
to provide a homestead for the widows and
children of deceased persons," and asked
its reference to the Committee on Judiciary,
which was accordingly done.
Mr. Gastinel moved a reconsideration of
the vote by which the bill entitled "An
act to render valid certain marriages " was
laid on the table, upon which motion the
?reas and nays were demanded with the fol-
owing result:
Yeas—Messrs. Barrett, Bell, Brownlee,
Delage, Gastinel, Jones, Lawton, Montamat,
Newell, Nicolas—10.
Nats — Messrs. Brown, Benson, Hart,
Hills, Lara, Mithoff, Purcell, Sullivan,
Springer, "VVatson, Wood—11.
The motion to reconsider was therefore
lost.
Mr. Delage gave notice of his intention
on some future day to present an amend-
ment to article 95 of the Civil Code of the
State of Louisiana.
Mr. Montamat gave a similar notice of a
bill entitled " An act to organize the police
of the city of New Orleans and to author-
ize the governor to appoint a Police
Board."
The Senate then adjourned until Monday,
at 12 o'clock m.
Approved.
John E. Neelis,
Secretary.
Monday, Nov. 21,1864.
The Senate was called to order at 12
o'clock m., pursuant to adjournment.
. Present—Hon. C. W. Boyce, president
pro tern., in the chair, and the following
members:
Messrs. Barrett, Bell, Brownlee, Brown,
Benson, Delage, Griffith, Hart, Hills, Jones,
Kavanagh, Lara, Lawton, Mithoff, Monta-
mat, Newell, Nicolas, O'Connell, Purcell,
Springer, Watson, Wood—22.
No minister being present, prayer was
omitted.
The journal of Saturday was read and
approved.
Mr. Nicolas presented the memorial of
Augustan Gaude, who married his half
brother's daughter, and prays the * Legisla-
ture to pass an act declaring the marriage
valid. The memorial was referred to the
Judiciary Committee.
special order op the day.
The special order of the day being the
bill entitled " An act to define the duties
and compensation of the State Printer,"
was, on motion of Mr. Barrett, re-committed
to the Committee on Printing.
second reading.
The Senate then took up the following
entitled bills at their second reading :
An act to provide ways and means for
carrying on the government of the State.
Mr. Montamat moved to lay this bill oq
the table, upon which motion the yeas and
nays were demanded, and resulted as fol-
lows:
Yeas—Messrs. Benson, Delage, Hills,
Jones, Lara, Montamat—6.
Nays—Messrs. Barrett, Brownlee, Brown,
Gastinel, Griffith, Hart, Kavanagh, Lawton,
Mithoff, Newell, O'Connell, Sullivan,
Springer, Watson, Wright, Wood 16.
Consequently the motion was lost. *
The bill was then referred to the Com-
mittee on Ways and Means.
An act relative to justices of the peace
in the parish of Orleans.
This bill was referred to the Judiciary
Committee with authority to print the
same.
Mr. Sullivan, on behalf of the Committee
on Federal Relations, reported unfavorably
on the joint resolution of the House author-
izing our representatives in Congress to
use their influence in having the post-office
at Algiers re-established, and recommend
that the joint resolution be rejected.
On motion the report was adopted.
The Senate then adjourned until 12
o'clock m. to-morrow.
Approved.
John E. Neelis,
Secretary.
Tuesday, Nov. 22, 1864.
The Senate was called to order at 12
o'clock m., pursuant to adjournment.
Present—Hon. C. W. Boyce, president
pro iem., in the chair, and the following
members:
Messrs. Barrett, Bell, Brownlee, Brown,
Benson, Delage, Gastinel, Griffith, Hills,
Lara, Lawton, Mithoff, Montamat, Nicolas,
O'Connell, Purcell, Sullivan, Watson, and
Wood—19.
No minister being present, prayer was
omitted.
The journal of yesterday was read and
approved.
Mr. Bell, on behalf of the Committee on
Auditing and Supervising the Expenses of
the Senate, reported that the committee had
approved the following bills, and recom-
mend their payment, viz :
G.F.Wood $35 25
Gage, Badger & Co 9 35
T. Kelly 64 00
H. G. Stetson 834 75
G. W. Smith 60 75
Total $1004 10
The report was adopted, and the bill or-
dered to be paid.
Mr. Mithoff presented the following reso-
lution, which was adopted :
Resolved, That the Committee on Audit-
ing and Supervising the Expenses of the
OF THE SENATE.
65
Senate be authorized to have a cloth door
put to the Senate chamber.
Mr. O'Connell presented the following
resolution, which was adopted:,
Besolved, That a committee of three mem-
bers be appointed by the chair, whose duty
it shall be to revise and amend the charter
of the city of Baton Rouge, and to report
on the same as soon as possible.
The president appointed Messrs. O'Con-
nell, Jones and Brown, to compose said
committee.
Agreeably to previous notice, Mr. Mon-
tamat presented an act to organize the
police of New Orleans and providing for a
police commission, which underwent its
first reading.
By a message from the House, through
its clerk, the Senate was informed that the
House had rejected the Senate bill entitled
"An act to provide for the recording of
marriages in the parish of Orleans, and all
other parches of the State of Louisiana."
The same message requested the signa-
ture of the president of the Senate to the
joint resolution relative to the president,
vice president, cabinet, army and navy of
the United States.
In reply to an inquiry of Mr. Hills, Mr.
Montamat stated .that the auditor had not
audited the warrant of the Finance Com-
mittee and warrant clerk, in accordance
with the resolution directing him to allow
Messrs. Hills and Delage pay from the
commencement of the session, whereupon,
on motion of Mr. Montamat, the president
appointed Messrs. Hills, Gastinel and
O'Connell a committee of three to inquire
into the cause of the auditor's failure to
audit the warrants of the Senate.
The Senate then adjourned until 12
o'clock m. to-morrow.
Approved.
John E. Neelis,
Secretary.
Wednesday, Nov. 23, 1864.
The Senate was called to order at 12
o'clock m. pursuant to adjournment.
Present—Hon. C. W. Boyce, president
pro tem. in the chair, and the following
members:
Messrs. Barrett, Bell, Brownlee, Brown,
Benson, Delage, Griffith, Hart, Hills, Lara,
Lawton, Mithoff, Newell, Nicolas, Purcell,
Springer, Watson, Wood—19.
Prayer by Rev. Mr. Chubbuck.
The journal of yesterday was read and
approved.
On motion of Mr. Montamat, Mr. Sulli-
van's-absence was excused, on account of
death in his family.
On motion of Mr. Hart, Mr. Kavanagh
was excused for a few days on account of
illness.
a5
Mr. Hills presented the following, which
was adopted :
Whereas, Thursday the 24th inst. has
been set apart by a proclamation of his
excellency, Gov. Hahn, as a day of thanks-
giving and prayer; therefore,
Be it resolvM, That when the Senate ad-
journs, it will adjourn until Friday, at 12
o'clock M.
Mr. Brownlee gave notice that on some
future day he will offer a bill in relation
to the election of justices of the peace
throughout the State.
By a message from the governor, through
his private secretary, the Senate was in-
formed that the governor had signed and
approved the joint resolution relative to-
Hon. Charles Smith and Hon. R. King Cut-
ler, United States Senators elect from the
State of Louisiana.
second reading.
The bill entitled " An act to organize the
police of New Orleans, and providing for a
police commission," was taken up at its
second reading; the 5th section was
amended. On motion of Mr. Montamat, 59
copies were ordered to be printed, and the-
bill was made the order of the day for Fri-
day next.
The Senate then took a recess of - half an
hour, at the expiration of which it was called
to order, and the roll being called, a quo-
rum was found to be present.
Mr. Hills was excused irorn serving on
the committee to inquire why the auditor
has not audited the warrants of the Senate,
and Mi\ Griffith was appointed in his
place.
Mr. Jones, on behalf of the Judiciary
Committee reported favorably with amend-
ments on the following bills :
An acf relative to justices of the peace
for the parish ©f Orleans.
The bill was made the order of the day
for Monday next, and 50 copies were or-
dered to be printed.
An act to provide a homestead for the
children and widows of deceased persons.
This bill was made .the order of the day
for Tuesday next, and 50 copies were or-
dered to be printed.
By a message from the House, through
its clerk, the concurrence of' the Senate was
requested in an act to authorize the treasurer
of the State to transfer, as a loan, certain
funds pertaining to the State.
The foregoing bill underwent its first
reading, and-on a suspension of the rules,
it was read a second time, when Mr. Ben-
son moved to lay it on the table, upon
which motion, the yeas and nays were de-
manded and taken, when
Messrs. Benson and Lara—2, voted yea.
And Messrs. Barrett, Bell, Brownlee,
Brown, Delage, Gastinel, Griffith, Iiartj
Hills, Jones, Lawton, Mithoff, Montamat,
66
JOURNAL
Newell, Nicolas, Purcell, Springer, Watson,
Wright, Wood—20, voted nay.
The motion was therefore lost.
Mr. Barrett moved to refer the bill to the
Judiciary Committee; on which motion the
yeas and nays were demanded, when
Messrs. Barrett, Brownlee, *Hart, Hills,
Lara, Lawton, Mithoff, Purcell—8, voted
yea.
And Messrs. Bell, Benson, Brown, De-
lage, Gastinel, Griffith, Montamat, Newell,
Nicolas, Springer, Watson, Wright and
Wood—13, voted nay.
The motion to refer was therefore lost.
Mr. Montamat moved further to suspend
the rules in order to pass the bill; upon
which motion the yeas and nays were de-
manded, when
Messrs. Bell, Brownlee, Brown, De-
lage, Gastinel, Griffith, Hills, Jones,
Montamat, Newell, Nicolas, Springer, Wat-
son, Wright, Wood—15, voted yea.
And Messrs. Barrett, Benson, Hart,
Lara, Lawton, Mithoff, Purcell—7, voted
nay.
Four-fifths not voting in favor of sus-
pending the constitutional rule, the motion
was lost, when the Senate adjourned until
12 o'clock m. Friday.
Approved.
John E. Neelis,
Secretary.
Friday, Nov. 25, 1864.
The Senate was called to order pursuant
to adjournment, Hon. C. W. Boyce, presi-
dent, pro iem., in the chair, and the follow-
ing members present: Messrs. Barrett,
Bell, Brownlee, Brown, Benson, Delage,
Gastinei, Griffith. Hart, Lara, Lawton, Mon-
tamat, Newell, Nicolas, Purcell, O'Connell,
Springer, Wat-,on and Wood—19.
Prayer was offered by Rev. Father Mur-
phy, of the Catholic Church.
The Journal of Wednesday was read and
approved.
The president laid before the Senate a
communication from the office of the sec-
retarv of State, inclosing the returns of the
election for a Senator, held on the 23d inst.,
to represent the Parish of St. Mary, in place
of Mr. Smith, resigned.
On motion, the communication was re-
ferred to a special Committee on Creden-
tials, consisting of Messrs. Montamat, Wright,
Gastinel, Benson, and Bell.
The Senate then took a recess of fifteen
minutes, at the expiration of which the roll
was again called, and, a quorum being
present, the Committee on Credentials re-
ported, that having carefully examined the
returns of elections from St. Mary, the
Committee found that Mr. J. P. Walter has
been duly elected, and is entitled to a seat
as a member of this body.
Mr. Walter, the member elect, being in
attendance, was, on motion, sworn in and
took his seat.
Mr. Nicolas, on behalf of the Committee
on Enrollment, reported as correctly en-
rolled the Joint Resolution relative to the
Commissioners of the First, Second, and
Third Drainage Districts.
Mr. Griffith, on behalf of the Special
Committee to enquire why the auditor had
not audited the warrants of the Senate in
favor of Messrs. Hills and Delage, made a
verbal report to the effect that the auditor
had a written communication on the sub-
ject, which he wished considered in secret
session.
A motion being made that the report be
received, the yeas and nays were demanded
thereon, with the following result:
Yeas — Messrs. Barrett, Bell, Benson,
Griffith, Hart, Hills, Jones, Lara, Lawton,
Mithoff, Nicolas, O'Connell, Springer—13.
Nays—Messrs. Brownlee, Brown,*Delage,
Gastinel, Montamat, Newell, Purcell, Sulli-
van, Walter, Wright, and Wood—11
The report was therefore received, when
Mr. Lara moved to go into secret session
for the purpose of considering the commu-
nication of the auditor. Several substi-
tutes were offered ; but, eventually, the
Senate refused to consider the communica-
tion in secret session, and the following
document was read :
New Orleans, Nov. 22, 1864.
To the honorable president and members of
the Senate :
Senators — The following resolution,
passed by your honorable body, was
handed into this office on the 18 th inst:
Be it resolved. That the auditor of the
State be required to pay the per diem of
Senators Hills and Delage from the first
day of the session of the Senate, viz : 3d of
October, 1864.
A true copy of the original, adopted by
the Senate Nov. 17, 1864.
(Signed,) CnAs. W. Boyce,
Pres. pro tern. of the Senate.
(Signed,) P. Wjxfree,
Assist. Sec'y of the Senate.
In declining respectfully to pay to the
Hon. Alphonse Delage, per diem, from
Oct. 3d to 24th, in accordance with the re-
quirement of this resolution, permit me to
present, in explanation, the inclosed copy'
of correspondence relating to a similar
case, that of the Hon. P L. Dufresne, of
the House of Representatives. After re-
ceiving my communication of the 14th inst.,
the House, by nearly a unanimous vote, re-
scinded the resolution they had previously
passed, requiring such payment, and, the
two cases appearing identical, I hope your
honorable body will reconsider so much of
the resolution as relates to the per diem of
the Hon. Alphonse Delage.
OP THE SENATE
6*7
, in regard to the claim of senator A. C.
Hills, I find, upon examination of the of-
ficial proceedings of the Senate, that he
did not take oath of office until the 24th of
October, and therefore was not constitu-
tionally a senator or officer of the State of
Louisiana until twenty-one days after the
commencement of your session, for which
time your resolution requires the auditor
to pay him for services he did not render.
Article 32d of the Constitution says :
-"The members of the General Assembly
■shall receive from the public treasury, as
compensation for their services," &c. If it
can be shown to the auditor, whose sworn
duty it is " to audit, adjust, and settle all
claims against the State" " according to
the Constitution and laws," that the sena-
tor was a member of the General Assembly
from the 3d of October, and has rendered
services, then it will become the auditor's
duty to draw his warrant upon the treas-
urer in payment for such services from that
date ; but, if on investigation of the claim,
it should be found that he was not a mem-
ber, and had not rendered any services up
to the 24th of October, then the auditor,
by making such payment, would be viola-
ting his oath of office, forfeiting his bond to
the State, and rendering himself liable to
fine and imprisonment.
It is not, however, claimed by your reso-
lution that the senator was a member at
the time in question, and, as I have shown
above, he was not an officer of the State
until the 24th of October, therefore he is
not legally entitled to compensation for
services previous to this date.
I have, through error, paid to the sena-
tors Hills and Delage, from Oct. 3d to Nov.
12th, inclusive; but this error occurred
through my not being able to obtain an
official list of the members of the Senate,
.as I had requested. Errors of this charac-
ter sometimes occur, but not often. When
they do take place, the auditor, as general
accountant of the State, may correct the
error in the account of a State officer by
.charging him with the amount overdrawn,
or, vice versa, credit him with what may be
due. Senator Hills has been overpaid to
the amount of one hundred and sixty-eight
■dollars, and I have charged this amount to
his account.
Complaint cannot be made, in justice, of
the State, in adopting such rules, or of the
auditor, for protecting the public treasury
from unlawful demands.
If the State did not, through her officers,
correct errors of this character, her losses
would sometimes be very severe, and her
ability to maintain »her credit materially
lessened.
For these reasons I must respectfully de-
-cline to draw a warrant in pursuance of
your resolution.
Honorable senators, I desire jto say,
in conclusion, that this decision is from
a conscientious conviction of duty, and
not from any disposition to oppose your
honorable body, or clog the wheels of
legislation. * My history in the public
affairs of the State, establishes, beyond
a doubt, my love and reverence for the
new government of Louisiana, and that
my prayers are fervent and continuous for
the progress, prosperity and permanence of
the government under the constitution of
1864.
Let me pray, that if you, in your supe-
rior wisdom, dissent from my views of law
and duty, "that you will, in your judgment,
consider me honest and conscientious, and
as not intending disregard or discourtesy
toward the dignity of your body.
I am, very respectfully, yours,
(Signed) A. P. Dostie, Auditor.
Mr. Montamat moved that the foregoing
report be received, and that the president
pro tern, of the Senate be requested to com-
municate with the attorney general and
obtain from him his legal advice in the
matter of Messrs. Hills and Delage.
This motion was amended, on motion of
Mr. Hills, by adding " and the chairman of
the Finance Committee,'' which amend-
ment was accepted and the motion was
adopted.
special order op the day.
The bill to organize the police of the
city of New Orleans, and providing for a
Police Commission, being the special order
of the day, was taken up section by section.
The 1st section being read, Mr. Lara
moved to strike out the words " from and
after the next election of mayor for the
city of New Orleans."
Mr. Montamat moved to lay the amend-
ment on the table, upon which motion the
yeas and nays were demanded and taken,
as follows :
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Delage, Gastinel, Hart, Hills, Law-
ton, Montamat, Purcell, O'Connell, Sulli-
van, Springer and Wood—15.
Nays — Messrs. Benson, Griffith, Lara,
Mithoff, Walter, Watson and Wright—7.
The amendment was therefore laid on
the table and the section was adopted with-
out amendment.
Mr. Wright moved to adjourn; upon
which motion the yeas and nays were de-
manded with the following result:
Yeas—Messrs. Bell and Griffith—2.
Nays—Messrs. Barrett, Brownlee, Brown,
Benson, Delage, Gastinel, Hart, Hills, Lara,
Lawton, Mithoff, Montamat, Purcell, O'Con-
nell, Sullivan, Springer, Walter, Watson,
Wright and Wood—20.
The motion was therefore lost.
Mr. O'Connell proposed the following
proviso to the 2d section.
08
JOURNAL
Provided further, That no policeman
now on duty and who can furnish the qual-
iflcations required by law. shall be re-
moved from the same without a hearing
before the Board of Commissioners created
by this act.
Mr. Sullivan moved to lay the proviso on
the table, which motion was lost by the
following vote :
Yeas—Messrs. Barrett, Bell, Brown, De-
lage, Montamat, Sullivan, Wright, Wood—8.
Nays—Messrs. Brownlee, Benson, G-asti-
nel, Griffith, Hart, Hills, Lara, Lawton,
Mithoff, Purcell, O'Connell, Springer, Wal-
ter, Watson—14.
The proviso was then adopted by the fol-
lowing vote :
Yeas — Messrs. Brownlee, Brown, Ben-
son, Griffith, Hart, Hills, Lara, Lawton,
Mithoff, Purcell, O'Connell, Springer, Wal-
ter, Wright—14.
Nays — Messrs. Barrett, Bell, Delage,
Gastinel, Montamat, Sullivan, Watson and
Wood—8.
And the section was adopted with the
proviso.
The 3d and 4th sections were then
adopted without amendment.
The 5th section was amended so as to
read, " That there shall be a Police Com-
mission appointed by the governor, within
twenty days from the passage of this act, by
and with the advice and consent of the
Senate, to hold office for a term of two
years, said commission to be composed of
five citizens, no three of whom shall reside
in the same district of this city ; Provided,
that no person shall be appointed as a
member of said commission who is under
forty-five years of age and has not been a
resident and voter in New Orleans for at
least five years next preceding such ap-
pointment, and that no member of said
Police Commission shall be eligible to any
other office whatever during the period of
service on said Police Commission.
The mayor of the city shall be president
of said commission, but shall not have the
right to vote except m case of a tie ; then
he shall give his casting vote only."
Thus amended the section was adopted.
A motion to adjourn was made and lost
by the following vote :
Yeas—Messrs. Delage, Griffith, Hills and
Lara—4.
Nays—Messrs. Barrett, Bell, Brown, Ben-
son, Gastinel, Hart, Jones, Lawton, Mit-
hoff, Montamat, Newell, O'Connell, Spring-
er, Walter, Watson, Wright and Wood—17.
The 6th section being read,
Mr. Gastinel moved to strike it out,
which motion was lost by the following
Vote on a motion to lay the motion to
strike out on the table.
Yeas — Messrs. Barrett, Brown, Hills,
Jones, Lara, Lawton, Mithoff, Montamat,
Newell. O'Connell, Springer, Walter and
Wood—13.
Nays—Messrs. Bell, Benson, Delage, Gas-
tinel, Griffith, Hart and Watson—7.
Mr. Gastinel then proposed the follow-
ing substitute for the 6th section, which was
adopted :
" That the Police Commission shall con-
stitute a tribunal before whom all charges
against policemen shall be brought and
tried, and they shall have the power to
suspend from employment for a term, or
dismiss indefinitely from the police such as
shall have been found guilty of any mis-
conduct or neglect in office ; they shall in-
spect all police stations and recommend to
the City Council all repairs needed by them,
and see that every comfort is given to pris-
oners that they are allowed by law."
The 7th section was amended and
adopted as follows :
" The members of said commission shall
receive a salary to be fixed by the Com-
mon Council, provided it shall not be less
than $1500 each, per annum, the mayor ex-
cepted ; they shall meet at stated times in
one of the rooms of the City Hall, or at
the office of the mayor, at least twice a
week ; they shall appoint a secretary, whose
duty it shall be to keep a detailed record
of their proceedings, who shall receive a
salary of $1000 a year. A majority of the
commission shall form a quorum and have
authority to transact the business before
them, and shall elect a president, pro tem.,
in case of absence of the mayor, and the
majority of the members present shall de-
cide all questions."
The 8th and 9th sections were adopted
without amendment.
The 10th section was stricken out.
The bill was then adopted as amended
and ordered to be engrossed for its third
reading.
Mr. O'Connell moved to adjourn until
to-morrow.
Mr. Montamat moved to amend until
Monday, which motion was lost by the fol-
lowing vote on the motion to table the
amendment:
Yeas—Messrs. Barrett, Bell, Brown, Ben-
son, Gastinel, Hart, Hills, Jones, Lara, Law
ton, Mithoff, Newell, O'Connell, Springer
and Watson—15.
Nays—Messrs. Delage, Griffith, Monta-
mat, Sullivan, Walter and Wood—6.
The question then recurred over Mr.
O'Connell's motion, which was lost by the
folloAving vote.
Yeas — Messrs. Benson, Delage, Hills,.
Lara, Lawton, O'Connell and Walter—7.
Nays—Messrs. Barrett, Bell, Brown, Gas-
tinel, Griffith, Hart, Jonqg, Mithoff, Monta-
mat, Newell, Sullivan, Springer, Watson
and Wood—14.
The bill to authorize the treasurer of the
OF THE SENATE.
69
State to transfer as a loan certain funds
pertaining to the State, was taken up at its
third reading. The bill having been read,
Mr. O'Oonnell moved to adjourn until to-
morrow, which motion was lost by the fol-
lowing vote:
Yeas—Messrs. Barrett, Benson, Del a go.
Hills, Jones, Lara, Lawton, O'Connell and
Walter—9.
Nays—Messrs. Bell, Brown, Gastinel,
Griffith, Hart, Mithoff, Montamat, Newell,
Sullivan, Springer, Watson and Wood—12.
The, previous question having been
moved, Sir. Hart claimed the right to speak,
which was allowed by the Senate, after
which,
Mr. Hills moved to adjourn until to-
morrow.
Mr. Montamat moved to amend until
Monday, which latter motion was lost by
the following Vote :
Yeas—Messrs. Griffith. Lara, Lawton,
Montamat and Purcell—5.
Nays —Messrs. Bell, Barrett, Brown, Ben-
son, Delage, Gastinel, Hart, Hills, Jones,
Mithoff, Newell, O'Connell, Sullivan,
Springer, Walter, Watson and Wood—17.
The question recuring on the original
motion, it was adopted, and the Senate ad-
journed until 12 o'clock m. to-morrow.
Approved.
John E. Neelis,
Secretary.
Saturday, Nov. 26, 1864.
The Senate was called to order, pursuant
to adjournment, Hoi^C. W. Boyce, presi-
-dent, pro tern., in the chair, and the follow-
ing members being present:
Messrs. Barrett, Bell, Brown, Brownlee,
Benson, Delage, Griffith, Hart, Jones. Lara,
Lawton, Mithoff, Newell, Purcell, O'Con-
nell, Springer, Walter, Watson, Wright—19.
Prayer by the Rev. Mr. Horton.
The journal of yesterday was read and
approved.
On motion of Mr. Hart, the president
appointed Mr. Walter as an additional
member of the Committee on Election.
Mr. Lara gave notice of his intention on
some future day to introduce a bill to
amend rules 4 and 42 of the Senate.
Agreeably to previous notice, Mr. Brown-
lee introduced a bill to fix the day for
holding elections of justices of the peace
throughout the State, which underwent its
first reading.
unfinished business. .
The bill to authorize the treasurer to
transfer certain funds pertaining to the
State, being the unfinished business of yes-
terday, was taken up and read, when, on
motion, the bill was re-committed to a spe-
cial committee of five, upon which the
president appointed Messrs. Lara, Watson,
Hills, Hart and Purcell.
A motion being made to adjourn, the
yeas and nays were demanded and taken as
follows:
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown. Delage, Griffith, Hart, Hills, Jones,
Lara, Lawton, Mithoff, Purcell, Springer,
Wright and Wood—16.
Nays—Messrs. Benson, Newell, O'Con-
nell,'Walter, Watson—5.
The Senate therefore adjourned until 12
o'clock, m. on Monday.
Approved.
John E. Neelis,
Secretary.
Monday, Nov. 28, 1864.
The Senate was called to order at 12
o'clock m., pursuant to adjournment, Hon.
C. W. Boyce, president, pro tern, in the
chair, and the following members being
present:
Messrs. Barrett, Bell, Brownlee, Brown,
Benson, Delage, Gastinel, Griffith, Hart,
Hills, Jones, Kavanagh', Lara, Lawton. Mit-
hoff, Montamat, Newell, Purcell. O'Con-
nell, Sullivan, Springer, Watson, Walter,
Wright and Wood—25.
Prayer by Rev. Mr. Newman. ,
The journal of Saturday was read and
approved.
Mr. Mithoff called up his joint resolu-
tions relative to a general amnesty.
Mr. Sullivan obtained leave to submit
the following minority report:
minority report of the committee on
mithoff resolutions.
The undersigned cannot concur with the
majority of your committee. I do not be-
lieve that any action of this honorable
body on the subject matter contained in
Mr. Mithoff's resolutions would be advanta-
geous to the public, but on the contrary,
that it would be calculated to conflict with
the power of the general government,
which has full and entire control and juris-
diction over all matters of treason, rebel-
lion and confiscation of property.
No one more deeply deplores the present
unhappy condition of our State and coun-
try than I do; but in view of the efficiency
of the president, and the power vested in
him and the Congress of the United States
to suppress the rebellion, punish for trea-
son, and confiscation of property, I most
respectfully recommend the rejection of
the majority report of this committee, and
an indefinite postponement of the whole
matter contained in the resolutions.
Respectfully submitted,
John Sullivan, Chairman.
Mr. Hart moved that fifty copies of both
reports be printed and that they be made
Journal
the order of the day for Wednesday
next.
Mr. Kavanagh moved to lay this motion
on the table, upon rvhich motion the yeas
and nays were demanded and taken with
the following result:
Yeas—Messrs. Barrett, Brownlee, Ben-
son, Kavanagh, Lara, Lawton, Mithoff and
Watson—8.
Nays—Messrs. Brown, Delage, Gastiuel,
Griffith, Hart, Hills, Jones, Newell, Pur-
cell, O'Connell, Sullivan, Springer, Walter'
Wright and Wood—15.
The motion to table was therefore lost,
and the original motion was adopted.
By a message from the House, through
its clerk, the Senate was informed that the
speaker had signed the joint resolutions
relative to the Commissioners of the First,
Second and Third Drainage Districts. The
same message requested the concurrence of
the Senate in a joint resolution fixing the
mileage of members of the General Assem-
bly; also, informed the Senate that the
speaker had appointed Messrs. Brecken-
ridge, Woods and Bofil on the part of the
House, as a Committee of Conference on
the Senate's bill entitled " An act to re-
peal an act to regulate the jurisdiction of
justices of the peace for the parish of Or-
leans in certain cases."
special order of the day.
On motion, the bill entitled "An act rela-
tive to justices of the peace for the parish
of Orleans," being the special order of the
day, was taken up section by section, and
the several sections were adopted without
amendment up to the 21st section, which
Mr. Sullivan moved to amend by striking
out ten cents and inserting fifteen cents as
the fee for every hundred words written in
all copies of documents issued by justices
of the peace.
A motion being made to table this
amendment, the motion was lost by the fol-
lowing vote:
Yeas—Messrs. Delage, Hart, Jones, Lara,
Lawton, Mithoff, Newell, Purcell, Walter,
Wood—10.
Nays—Messrs. Barrett. Brownlee, Brown,
Gastinel, Griffith, Hills, Kavanagh, O'Con-
nell, Sullivan, Springer, Wright—11.
And a motion to adopt the amendment
was lost by the following vote :
Yeas—Messrs. Barrett, Brownlee, Gas-
tinel, Griffith, Kavanagh, G'Connell, Sulli-
van, Springer, Wright—9.
Nays—Messrs. Brown, Delage, Hart,
Hills, Jones, Lara, Lawton, Mithoff, New-
ell, Purcell, Walter, Wood—12.
The several sections were then adopted
without amendment except the 28th sec-
tion, which Mr. Gastinel moved to amend
by striking out the clause fixing the com-
pensation of the clerks of justices of the
peace at not less than $G0 per month, which
| amendment was adopted by the following
vote :
Yeas—Messrs. Barrett, Brownlee. Brown,
Gastinel, Jones, Kavanagh, Mithoff, Newell,
Sullivan, Springer, Wright—11.
Nays — Messrs. Delage, Griffith, Plart,
Hills, Lara, Lawton, Purcell, O'Connell,
Wood—9.
The section was then made section 31,
and was adopted by the following vote :
Yeas—Messrs. Barrett, Brownlee, Brown,
Gastinel, Hart, Jones, Newell, Sullivan,
Springer, Walter, Wright—11.
Nays—Messrs. Delage, Griffith, Hills,
Kavanagh, Lara, Lawton, Mithoff, Purcell,
O'Connell, Wood—10.
Mr. Gastinel proposed the following ad-
ditional sections, which were adopted and
made sections 28, 29 and 30 :
Sec. 28. Each of the justices shall receive
no other compensation but the revenues
accruing from taxes and perquisites ac-
cording to iaw, except the justice on the
right bank of the Mississippi river, who
shall receive an annual compensation of
$2000, payable quarterly out of the State
treasury.
Sec. 29. No justices shall hereafter be re-
quired to pay into the State treasury any
moneys received by them for taxes or per-
quisites allowed them by law, except the
justice located on the right bank of the
Mississippi river.
Sec. 30. No justices shall hereafter report
to the State auditor of moneys received by
them for tax or perquisites allowed them by
law, except the justice located on the right
bank of the Mississippi river.
On motion of Mr. Hart, the vote adopt-
ing the 31st sectionVas reconsidered, and
on his motion to strike out the section was
carried by the following vote :
Yeas—Messrs. Barrett, Griffith, Hart,
Kavanagh, Lara, Lawton, Mithoff, Newell,
Purcell, Walter, Watson, Wood—12.
Nays-—Messrs.Brownlee,Brown, Benson,
Delage, Gastinel, O'Connell, Sullivan,
Springer, Wright—9.
The bill was then adopted as amended
and ordered to be engrossed for its third
reading.
second reading.
An act to fix the day of holding an elec-
tion for justices of the peace throughout the
State of'Louisiana, referred to the Judiciary
Committee.
third reading.
The bill entitled "An act to organize the
police of the city of New Orleans and pro-
viding for a police commisston."
Mr. Kavanagh moved to reccmmit this
bill to a special committee of five members,
which motion was tabled by the following
vote :
Yeas—Messrs. Barrett, Brown, Benson,
Delage, Griffith, Hart, Hills, Lawton, Mit-
OP THE SENATE.
^1
hoff, Newell, O'Conaell, Springer, Wal-
ter—13.
Nays—Messrs. Gastinel, Jones, Kava-
nagh, Lara, Purcell, Sullivan, Watson,
Wright, Wood—9.
Mr. Montamat moved to reject the title
of the bill, which motion was lost by the
following vote:
Yeas—Messrs. Gastinel, Jones, Kavanagh,
Montamat, Sullivan, Wratson, Wood—7.
Nays—Messrs. Barrett, Brown, Benson,
Delage, Hart, Hills, Lawton, Mithoff, New-
ell, O'Connell, Springer, Walter—12.
The title was then amended on motion of
Mr. Hills by striking out the words " and
providing for a board of police commission,"
by the following vote :
Yeas- Messrs. Barrett, Brown, Benson,
Delage, Hart, Hills. Lara, Lawton, Mithoff,
Newell, O'Connell, Sullivan, Springer,
Walter, Wright—15.
Nays—Messrs. Gastinel, Griffith, Jones,
Kavanagh, Purcell, Watson, Wood—7.
The bill was then finally passed by the
following vote :
Yeas—Messrs. Barrett, Brown, Benson,
Delage, Hart, Hills, Lawton, Mithoff, New-
ell, O'Connell, Springer, Walter—12.
Nays—Messrs. Gastinel, Jones, Kava-
nagh, Montamat, Purcell, Sullivan, Watson,
Wood—8.
Mr. Nicolas was excused for a few days
on account of illness.
The Senate then adjourned until 12
o'clock m. to-morrow.
Approved.
John E. Neelis,
Secretary.
Tuesday, .November 29,1864.
The Senate was called to order at 12
o'clock m., pursuant to adjournment, Hon.
C. W. Boyce, President pro tem., in the
chair, and the following members being
present: Messrs. Barrett, Bell, Brownlee,
Brown, Benson, Delage, Gastinel, Griffith,
Hart, Hills, Jones, Kavanagh, Lara, Law-
ton, Mithoff, Montamat, Newell, Purcell,
O'Connell, Springer, Walter, Watson,
Wright, Wood—24.
Prayer was offered by the Rev. Mr. Hop-
kins.
The journal having been read, Mr. Pur-
cell called attention to the fact that in the
proceedings of the Senate on the 7thinst.
is printed the following:
" The Committee on Federal Relations
report: That they have examined the reso-
lutions, &c., referred to them, and offered
by the Hon. W. Mithoff, of Jefferson, and
state to the Senate that we recommend the
following substitute for adoption. Signed,
John Sullivan, W. Mithoff, Rob. B. Bell, C.
W. Boyce, A. Wood." And in the journal,
as read this morning, it appears that Mr.
Sullivan, the Chairman of the Committee,
yesterday presented a minority report,
signed by himself, to the effect that he is
opposed to his own report made on the 7 th
inst. Mr. Purcell therefore asked that the
approval of the minutes be passed over in-
formally, until Mr. Sullivan should be pres-
ent; which was accordingly done.
The President laid before the Senate the
following communication between himself,
the Chairman of the Finance Committee,
and the Attorney General:
'Senate Chamber, 1
State of Louisiana. >•
New Orleans, Nov. 26, 1864.)
Hon. B. L. Lynch,
Attorney General.
Sir: You will perceive by the resolu-
tions and communications from the Auditor
of Public Accounts, that the Auditor au-
dited the claims of Messrs. Hills and De-
lage, for their per diem, from the beginning
of the session, before they were sworn in,
and before the Senate had instructed him
to do so; that subsequently he refuses to
audit their claim for services actually ren-
dered as Senators ; and that the Senate
passed a resolution directing him to allow
their pay from the beginning of the session,
which last resolution he declines to obey.
You will also perceive that we are re-
quested to solicit your legal opinion on the
subject.
Will you please favor the Senate with
your opinion:
1st. As to the right of the auditor to
withhold the warrants of the Senate in favor
of its members for services actually ren-
dered; and
2d. As to the auditor's right to supervise
the expenses of the Senate ; and
3d. The General Assembly havihg passed
an act appropriating one hundred thousand
dollars to defray the expenses of the Gen-
eral Assembly, which act has been signed
and approved by the governor, and pro-
mulgated as a law, is it not within the
power of the speaker of the House of Rep-
resentatives and the presidefit of the Senate
to withdraw from the treasury the money
so appropriated, and to place it to the
credit of the contingent expenses of the
General Assembly, where the two Houses
may dispose of it as they may direct; and
4th. Is not the warrant of the speaker of
the House of Representatives and the pres-
ident of the Senate, a sufficient warrant for
the auditor to audit any claim for the ex-
penses of their respective Houses.
5th. Has the auditor the legal right to
pass on the constitutionality of the acts of
the General Assembly?
Please give us all the information you
72
JOURNAL
may have in your possession upon this
subject, and oblige,
Chas. W. Boyce,
President of the Senate pro tern.
J. P. Montamat,
Chairman Finance Committee.
To the honorable the Senate of the State of
Louisiana:
A communication addressed to me on the
25th inst., by Senators J. P. Montamat and
C. W. Boyce, came to hand, and the same
has received my most careful consideration.
In that communication I am called upon
to give to the Senate my opinion in rela-
tion to the following points :
First. As to the right of the auditor to
withhold the warrants of the Senate in fa-
vor of the members, for services actually
rendered.
Second. As to the auditor's right to su-
pervise the expenses of the Senate.
Third. The General Assembly having
passed an act appropriating one hundred
thousand dollars to defray the expenses of
the General Assembly, which Act has been
signed and approved by the governor, and
promulgated as a law, is it not within the
power of the speaker of the House of Rep-
resdntatives and president of the Senate to
withdraw from the treasury the moneys
appropriated, and to place it to the credit
of the contingent expense fund, where the
two Honses may dispose of it as either
House may direct ?
Fourth. Is not the warrant of the speaker
of the House of Representatives, and the
president of the Senate, a sufficient warrant
for the auditor to audit any claim for the
exoense of their resepctive Houses ? and
Fifth. Has the auditor the legal right to
pass on the constitutionality of the acts of
the General Assembly ?
For reply to the first, fourth, and fifth
questions, I have to say, that it may be laid
down as a general rule, that whenever a
warrant is legally drawn upon the treas-
urer, by one duly authorized to make such
warrant, the auditor should audit the same.
It is not his duty to go behind the warrant.
There is, however, or at least there ought
to be, an exception to this rule, where the
warrant is clearly unconstitutional, a, flagrant
violation of the organic law of the State.
The Auditor would, in that case, be cen-
surable. should he ignore the status of the
demand presented, and facilitate the col-
lection of a claim, legal in form, but which
in reality violates all law. Under such
circumstances, I have, on a recent occasion,
refused to advise him to audit, and I see no
reason for changing my opinion. If any
person is wronged by the refusal, he has an
easy remedy in the writ of mandamus.
On the second point submitted to me, I
am of opinion that it would be an unjusti¬
fiable assumption of right on the part of
the auditor to supervise the expenses of
the Senate. Nevertheless he is not justified
by this acknowledged rule of right, in
standing by, witnessing the funds of the
State taken from the treasury, in palpable
violation of the Constitution.
To the third point, relative to the with-
drawing of the one hundred thousand dol-
lars, expenses of the General Assembly,
referred to in said communication, I have
to reply, that this matter very much de-
pends upon the rules and regulations, and
the customs governing both Houses of the
General Assembly, in withdrawing funds
appropriated by law ; and if you will place
me in full possession of information on that
subject—information which I have not, and
which is in your possession—I will endeav-
or to advise you fully on this point. I am
not aware that a rule or custom has pre-
vailed, in this State, under which money
might be withdrawn from the Treasury and
" placed to the credit of the contingent ex-
pense fund, where the two Houses may dis-
pose of it as either House may direct." So
far as my knowledge extends, the practice
has been otherwise.
If the auditor has improperly audited
certain claims for the per diem of Messrs.
Hills and Delage, that fact furnishes no
reason for withholding the approval of their
claims for other per diem, as acknowledged
on all hands to be just and owing; and
should he refuse to audit the warrants
drawn in favor of those gentlemen, his ac-
tion would not be justifiable ; and they can
obtain, without delay, a judicial writ re-
quiring the warrants to be audited.
For further information on the subject, I
refer you to the accompanying copies of a
correspondence with the Hon. A. P. Dostie,
auditor of public accounts.
Respectfully submitted,
B. L. Lynch,
Attorney General.
New Orleans, Nov. 29, 1864.
State of Louisiana. 1
Auditor's Office, >-
New Orleans, Nov. 19, 1864.)
Hon. B. L. Lynch,
Attorney General of Louisiana.
Sir : I had occasion to communicate with
you a few days ago, in regard to paying
the per diem of Hon. P. L. Dufresne, of the
House of Representatives. A similar case
now presents itself in the demand for pay-
ment of Hon. Alphonse Delage, of the Sen-
ate, from the first day of the session, when
he was elected, until the 24th October.
The same opinion that applied to the former
applies also to the latter. But another
case, of a different aspect, presents itself—
the case of the Hon. A. C. Hills, who though
elected on the 5th of September, the time
OF THE SENATE.
13
of the general State election, did not take
the oath of office, or his seat in the Senate,
till the 24th of October. The Senate now
commands me to pay his per diem from the
first of the session—the first twenty-one
days of which passed previous to his taking
his seat.
The question presents itself--What con-
stitutes a member of the General Assembly?
Simply his election ? Or, must he take the
oath of office before he is such ? The Con-
stitution, Art. 32, says : " The members of
the General Assembly shall receive their
per\diem"—but was Mr. Hills a member of
the General Assembly till he had taken the
oath of office ?
Please give me your legal opinion, at
your earliest convenience; in regard to the
claim in question.
I remain, yours respectfully,
[Signed] A. P. Dostie,
Auditor.
Office Attorney General, 1
State of Louisiana. >-
New Orleans, Nov. 21, 1864.)
Hon. A. P. Dostie,
Auditor State of Louisiana.
Sir : From the records of your office it
appears that the claim of Hon. A. C. Hills,
for his per diem, as a member of the Senate,
for the twenty-one days referred to in your
communication, has already been audited
by your department, and the same subse-
quently paid by the State treasurer.
Under such circumstances, my opinion is
of no practical utility. I am always will-
ing and ready to advise State officers in
matters of law, upon all questions practi-
cally presenting themselves for my legal
opinion; but it is no part of my duty to
deal with abstractions. To do so would
consume time and labor which you have no
right to ask, and which it is no part of my
duty to bestow.
Hoping that you, when seeking my opin-
ion hereafter, will be governed by the rule
laid down in this communication, I am,
Yery respectfully, yours, &c.,
[Signed] " B. L. Lynch,
Attorney General.
After reading the correspondence, Mr.
Sullivan, who had just entered, explained
that he had signed the first report only to
authenticate it as chairman ; this he did
without reading the report through, and
when it was read by the Secretary he was
satisfied that it was wrong ; for which rea-
son he had voted for the motion to lay the
resolution on the table subject to call,
which he supposed had effectually killed
the report; but, to his surprise, it was yes-
terday called up, and he felt justified in
making his minority report.
On motion, Mr. Sullivan's explanation
was allowed to be spread on the minutes,
and the journal of yesterday was approved
as read.
Mr. Sullivan then presented :
Be ii resolved, That the warrant clerk of
the Senate be ordered to wait on the State
auditor of public accounts and perempto-
rily demand from him to audit the warrant
in favor of Senators Hills and Delage, and
report the answer of the auditor to the
Senate, so that if he should refuse to war-
rant, the Senate may take such action as
the matter demands.
Mr. Jones moved to lay the resolution on
the table ; which motion being lost,
Mr. O'Connell moved to strike out the
words " peremptorily demand," which mo-
tion prevailed; when «
Mr. Montamat moved to adjourn, which
motion was lost by the following vote :
Yeas—Messrs. Kavanagh, Lara, Monta-
mat, Watson, Wright, Wood—6.
Nays—Messrs. Barret, Bell, Brownlee,
Brown, Benson, Delage, Gastinel, Griffith,
Hart, Hills, Jones, Lawton, Mithoff, Purcell,
O'Connell, Sullivan, Springer, Walter—18.
Mr. Sullivan's resolution, as amended,
was then rejected by the following vote :
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Gastinel, Griffith, Hart, Jones, Ka-
vanagh, Lara, Lawton, Mithoff, Montamat,
Purcell, O'Connell, Sullivan, Springer,
Watson, Wood—19.
Nays—Messrs. Benson, Delage, Walter—3.
Mr. Bell then presented the following,
which was adopted:
Resolved, That the warrants for per diem
of members of the Senate be made out sep-
arately from date of last warrants audited
by State auditor.
The vote adopting the foregoing resolu-
tion was reconsidered by the following
vote:
Yeas—Messrs. Barrett, Bell, Brbwnlee,
Brown, Gastinel, Hart, Jones, Kavanagh,
Lawton, Mithoff, Purcell, Springer, Wal-
ter—13.
Nays—Messrs. Benson, Delage, Griffith,
Lara, Montamat, Sullivan, Watson, Wood-8.
The resolution was then laid on the table.
The following members gave notice of
their intention, on some future day, to in-
troduce the hereinafter named bills:
Mr. Purcell: " An act relative to the
Treasury Department."
Mr. Montamat: " An act to provide for
the recording of marriages, in and for the
parish of Orleans."
By a message from the governor, through
his private secretary, the Senate was in-
formed that the governor had signed the
joint resolution in reference to the Commis-
sioners of the 1st, 2d, and 3d Drainage Dis-
tricts.
The yeas and nays were then demanded
on a motion to take up the order of the
day, and being taken, resulted as follows:
74
JOURNAL
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Benson, Delage, Gastinel, Griffith,
Hart, Hills, Jones, Lara, Lawton, Mithoff,
Newell, Purcell, Walter, Wright—18.
Nays—Messrs. Kavanagh, Montamat, Sul-
livan, Springer, Watson, Wood—6.
The order of the day was then ordered
to be taken up, when Mr. Montamat moved
to adjourn ; which motion was lost by the
following vote:
Yeas—Messrs. Brownlee, Delage, Gasti-
nel, Kavanagh, Montamat, Sullivan, Wat-
son, Springer, Wood—9.
Nays—Messrs. Barrett, Bell, Brown, Ben-
son, Griffith, Hart, Hills, Jones, Lara, Law-
ton, Mithoff, Newell, Purcell, Walter, and
Wright—15.
first reading op house bills.
The joint resolution of the House relative
to establishing a pension agent, underwent
its first reading.
Special order of the day, the bill entitled
"An act to provide a homestead for the
widows and children of deceased persons,"
was taken up at its second reading, and,
pending discussion on the same, the Senate
adjourned.
Approved.
John E. Neelis,- Secretary.
Wednesday, November 39, 1864.
The Senate was called to order pursuant
to adjournment, by Hon. C. W. Boyce, pres-
ident pro tem., and the roll being called
the following members answered :
Messrs. Barrett, Brownlee, Brown, Ben-
son, Delage, Gastinel, Griffith, Hart, Hills,
Jones, Lara, Lawton, Mithoff, Montamat,
Purcell, O'Connell, Sullivan, Springer, Wal-
ter, Watson, Wright, Wood—22.
Prayer was offered by Rev. Mr. Chub-
buck.
The journal of yesterday was read and
approved.
Mr. Montamat reported as correctly en-
rolled the bill entitled "An act to organize
the Supreme Court of the State of Louis-
iana."
Mr. O'Connell presented the following
resolution:
Besolved, That hereafter the warrant
clerk shall draw separate warrants for
each of the members and employe's of the
Senate, instead of consolidating them in
one warrant.
Mr. Montamat moved to lay the foregoing
resolution on the table : which motion was
lost by the following vote :
Yeas—Messrs. Delage, Montamat, Pur-
cell, Sullivan, Watson—5.
Nays—Messrs. Barrett, Brownlee, Brown,
Benson, Griffith, Hart, Hills, Lara, Lawton,
O'Connell, Springer, Walter, Wright, and
Wood—14
Mr. Montamat moved to strike out the
words "and employe's," which motion was
lost by the following vote :
Yeas—Messrs. Barrett, Delage, Gastinel,
Hills, Montamat, Newell, Purcell, Springer,
Sullivan, Watson—10.
Nays—Messrs. Brownlee, Brown, Benson,
Griffith, Hart, Lara, Lawton, O'Connell,
Walter, Wright, Wood—11.
Mr. Gastinel moved to adjourn ; which
motion was lost by the following vote:
Yeas—Messrs. Gastinel, Montamat, Sulli-
van, Watson—4.
Nays—Messrs. Barrett, Brownlee, Brown,
Benson, Delage, Griffith, Hart, Hills, Jones,
Lara, Lawton, Newell, Purcell, O'Connell,
Springer, Walter, Wright, Wood—18.
Mr. Mithoff moved to reconsider the vote
adopting Mr. O'Connell's resolution; which
motion was lost by the following vote :
Yea,s—Messrs. Barrett, Delage, Gastinel,
Jones, Mithoff, Montamat, Purcell, Springer,
Walter—9.
Nays—Messrs. Brownlee, Brown, Benson,
Griffith, Hart, Hills, Lara, Lawton, Newell,
Wright, Wood—11.
Mr. Gastinel presented the following,
which was adopted :
Be it resolved, That the President pro tem.
of the Senate is hereby authorized to ask
the auditor of public accounts whether or
not he will audit the warrants of Senators
Hills and Delage, and that the president
will report to the Senate the reply of the
auditor.
The Senate then took a recess of half an
hour, at the expiration of which the Senate
was again called to order, and the roll
being called a quorum was found to be
present.
The president pro tem. reported that he
had waited on the auditor with a copy of
the -resolution of the Senate, and that the
auditor had made him the following reply:
The undersigned respectfully refers the
honorable Senate to the auditor's commu-
nication of the 22d inst., for answer to the
above resolution.
[Signed] A. P. Dostie,
Auditor.
New Orleans, Nov. 30,1864.
Mr. Gastinel presented the following re-
solution:
Besolved, That the Attorney General be
and he is hereby requested to draft articles
of impeachment, to be presented to the
House of Representatives, against A. P.
Dostie, auditor of public accounts, for
malfeasance in office—First, in altering and
falsifying the warrants of the Senate in fa-
vor of members of the Senate for their per
diem. Second, in assuming authority not
allowed him by law by refusing to audit
the warrants in favor of members of the
Senate for their per diem, which warrants
are legally drawn in pursuance of law.
L. Gastinel.
OF THE SENATE.
15
The foregoing resolution was adopted by
the following vote:
Yeas—Messrs. Barrett, Brownlee, Delage,
Gastinel, Hart, Hills, Jones, Mithoff, Monta-
mat, Newell, Purcell, Sullivan, Springer,
"Watson, Wright, Wood—16.
Nays—Messrs. Brown, Benson, Griffith,
Lara, Lawton, Walter—6.
The House bill entitled " An act to pro-
vide a homestead for the children and
widows of deceased persons," was then
taken up and engrossed for its third read-
tog- j
The House joint resolution relative to
the pension agent, was taken up and under-
went its first reading.
The special order of the day, being the
minority and majority reports of the Com-
mittee on Federal Relations, were taken
up ; the minority report was rejected by a
rising vote of 10 yeas to 9 nays.
Pending discussion on the majority re-
port, the Senate adjourned until 12 o'clock
m., to-morrow.
Approved.
John E. Neelis,
Secretary.
Thursday, December, 1, 1864.
The Senate was called to order at 12
o'clock m., pursuant to adjournment, Hon.
C. W. Boyce, president pro tem., in the
chair, and the following members present:
Messrs. Barrett, Bell, Brownlee, Brown,
Benson, Delage, Gastinel, Griffith, Hart,
Hills, Lara, Lawton, Mithoff, Newell, Pur-
cell, O'Connell, Sullivan, Spencer, Walter,
Watson, Wright, Wood—22.
Prayer was offered by Rev. Mr. Gilbert.
The journal of yesterday was read and
approved. *
Mr. Bell presented the following resolu-
tion, which was adopted :
Whereas, the public property of the
State of Louisiana to the amount of several
millions of dollars, situated in Baton Rouge,
has been for some time in a very neglected
and damaging condition, and endangered
by conflagration ; and
Whereas, it is the duty of the General
Assembly to adopt measures for the pro-
tection of the public property of the State ;
Be it therefore resolved, That the Com-
mittee on Internal Improvements be and
are hereby authorized to engage the ser-
vices of the acting State engineer, and to
proceed to Baton Rouge and examine the
condition of the public property therein
situated, and to report to the General As-
sembly, by bill or otherwise, as soon as
practicable.
Be it further resolved, That said commit-
tee be allowed a limit of ten days after the
adjournment of the present session of the
General Assembly, and that they be al-
lowed their per diem and mileage allowed
by law ; Provided, that said committee will
not absent itself until after the adjournment
of the present session of the Legislature.
The following resolution, presented by
Mr. Watson, was laid on the table :
Besolved, That the Senate have no more
debates in regard to the State auditor, un-
less advised by the attorney general.
Mr. Hart moved that all members who
were absent on yesterday, when the vote
was taken cn the resolution requesting the
attorney general to draft articles of im-
peachment against A. P. Dostie, auditor of
public accounts, be now allowed to vote on
said resolution.
This motion was put to the Senate and
voted down.
The preamble and resolutions relative to
a general amnesty were taken up as the
unfinished business of yesterday.
Mr. Sullivan moved to reject the resolu-
tions, which motion was laid on the table
by the following vote :
Yeas — Messrs. Bell, Brown, Griffith,
Hart, Hills, Lara, Mithoff, Newell, Purcell,
O'Connell, Springer, Walter, Wright and
Wood—14.
Nays—Messrs. Brownlee, Delage, Kav-
anagh, Lawton, Sullivan and Watson—6.
On motion of Mr. Hills, the resolutions
were taken up seriatim.
The first resolution was amended by
adding the words " from and-efter the/late
of said proclamation," to come in after the
words " ninety days." The resolution was
then adopted as amended.
The second, third and fourth resolutions
were adopted without amendment.
The fifth resolution being read, Mr. Gasti-
nel moved to strike it out, which motion
was lost by the following vote to lay it on
the table :
Yeas—Messrs. Brown, Benson, Delage,
Griffith, Hart, Hills, Kavanagh, Lara, Law-
ton, Mithoff, Newell, Purcell, O'Connell,
Springer, Walter, Wright and Wood—17.
Nays—Messrs. Brownlee, Gastinel and
Sullivan—3.
The fifth resolution was then adopted by
the following vote:
Yeas—Messrs. Barrett, Bell, Brown, Ben-
son, Delage, Griffith, Hart, Hills, Mithoff,
Newell, Purcell, O'Connell, Springer, Wal-
ter, Wright and Wood—16.
Nays—Messrs. Brownlee, Gastinel, Kav-
anagh, Lara, Lawton and Sullivan—6.
The sixth resolution was adopted with-
out amendment, and the resolutions were
adopted as a whole and ordered to be en-
gi'ossed by the following vote :
Yeas—Messrs. Bell, Brown, Benson, De-
lage, Griffith, Hart, Hills, Mithoff, Newell,
Purcell, O'Connell, Springer, Walter,
Wright and Wood—15.
Nays—Messrs. Gastinel, Kavanagh, Lara,
Lawton and Sullivan—5.
76
JOURNAL
By a message from the House, through I
Mr. Westerfield, its clerk, the Senate was
informed that the speaker had signed the
enrolled hill entitled " An act to organize
the Supreme Court of Louisiana/' The
same message requested the concurrence of
the Senate in the House hill entitled *' An
act to organize the militia of the State."
The rules were suspended, the bill was
read a first and second time by its title and
ordered to be printed and made the order
of the day for Monday next.
The following bills were taken up at
their third reading:
An act to provide a homestead for the
children and widows of deceased persons.
This bill wasiconcurred in with amend-
ments.
An act relative to justices of the peace
for the parish of Orleans.
This bill was recommitted to the Commit-
tee on Judiciary.
The joint resolution relative to establish-
ing a pension agent, was read a second time
and was referred to the Committee on Fed-
eral Relations.
The joint resolution fixing the mileage of
members at 20 cents per mile to and from
the General Assembly.
Mr. O'Connell presented a series of reso-
lutions relative to. the rights of the presi-
dent and members, which
Mr. Hills moved to lay on the table ; this
motion was lost by the following vote :
Yeas—Messrs. Barrett, Delage, Griffith,
Hills, Lawton, Purcell, Sullivan, Watson
and Wood—9.
Nays—Messrs. Bell, Brownlee, Brown,
Benson, Hart, Lara, Mithoff, Montamat,
Newell, O'Connell, Springer, Watson and
Wright—13.
Mr. Sullivan moved to reject the resolu-
tions, which motion prevailed by the fol-
lowing vote:
Yeas—Messrs. Barrett, Delage, Gastinel,
Griffith, Hart, Hills, Kavanagh, Lara, Law-
ton, Mithoff, Montainat, Purcell, Sullivan,
Watson, Wright and Wood—16.
Nays—Messrs. Bell, Brownlee, Brown,
Benson, Newell, O'Connell, Springer and
Walters—8.
Mr. Hills moved to suspend the rules in
order to allow members who wished to do
so to record their votes on the resolutions
requesting the attorney general to draft
articles of impeachment against A. P. Dos-
tie, auditor of public accounts! This mo-
tion was lost by the following vote, two-
thirds not voting in its favor :
Yeas—Messrs. Benson, Delage, Gastinel,
Hart, Hills, Lara, Lawton, Mithoff, Monta-
mat, Newell, O'Connell, Sullivan, Springer,
Walters and Wright—15.
Nays—Messrs. Barrett, Bell, Brownlee,
Brown, Griffith, Kavanagh, Purcell, Wat-
son and Wood—9.
The president laid before the Senate the
following communication from the attor-
ney general:
Office of the Attorxey General, i
State of Louisiana, J-
New Orleans, Dec. 1st, 1864.)
To the honorable the Senate of the State of
Louisiana:
I have received through John E. Neelis,
Esq., secretary of your honorable body, a
copy of the original resolutions relative to
the impeachment of A. P. Dostie, auditor of
public accounts, adopted by the Senate on
the 30th of November last.
Your honorable body is aware, that un-
der the constitution of the State of Louisi-
ana, proceedings for the impeachment of
State officers must originate in the House
of Representatives, and should I, carrying
out the resolutions of the Senate, draft and
present articles of impeachment against
the auditor of public accounts, I might be
considered as trespassing upon the consti-
tutional privileges of the lower House of
the Legislature.
I would submit to the Senate the propri-
ety of rescinding the resolutions herein-
above referred to, and of adopting others,
the purport of which will be,
Firstly. To express the opinion of the
Senate that the auditor of public accounts
has so acted in his official capacity as to re-
quire the interposition of the constitutional
power of the House of Representatives ;
and,
Secondly. To transmit to the House of
Representatives this expression of opinion
on the part of the Senate, for such action as
the lqwer House may deem expedient or
necessary in the premises.
Yery respectfully,
B. L. Lynch,
Attorney General.
Mr. Montamat gave notice of his inten-
tion on some future day to introduce a bill
to re-enact certain sections of an act rela-
tive to crimes and offences.
Mr. O'Connell presented the following,
which was laid on the table :
Resolved, That the Senate reconsider the
resolution offered by Senator Hills, on the
31st of November, requesting the attorney
general to draft articles of impeachment, to
be presented to the House of Representa-
tives, against A. P. Dostie for malfeasance
in office.
Mr. Gastinel offered the following joint
resolution :
Be it resolved by the Senate and Souse of
Representatives of the State of Louisiana,
in General' Assembly convened, That the
House of Representatives be requested to
appoint a committee to receive the articles
of impeachment against A. P. Dostie, audi-
tor of public accounts, to be delivered to
OF THE SENATE.
said committee by the attorney general of
the State.
Mr. Gastinel asked to amend his resolu-
tion by striking out the word "joint," and
making it a simple resolution of the Senate,
which request was granted by the following
vote:
Yeas—Messrs. Barrett, Brownlee, Brown,
Delage, Gastinel, Hart, Hills, Kavanagh,
Mithoff, Montamat, Pur cell, Sullivan, Wat-
son and Wood—14.
Nats — Messrs. Bell, Benson, Griffith,
Lara, Lawton, Newell, O'Connell, Springer,
Walters and Wright—10.
On the adoption of the resolution as
amended, the following was the result:
Yeas—Messrs. Barrett, Brownlee, Delage,
Gastinel, Hart, Hills, Mithoff, Montamat,
Purcell, Sullivan, Watson and Wood—12.
Nats — Messrs. Bell, Brown, Benson,
Griffith, Kavanagh, Lara, Lawton, Newell,
O'Connell, Springer, Walter and Wright
—12.
There being a tie, the president voted in
the affirmative and the resolution was
adopted.
Mr. Bell presented the following:
Resolved, That the action of the Senate
on Nov. 30, in regard to authorizing the
attorney general of Louisiana to draft
charges of impeachment against A. P. Dos-
tie, State auditor, be and the same is hereby
rescinded. *
A motion to reject the foregoing was lost
by the following vote :
Yeas—Messrs. Brownlee, Delage, Gasti-
nel, Hart, Hills, Kavanagh, Montamat, Pur-
cell, Sullivan and Wood—10.
Nats—Messrs. Barrett, Bell, Brown, Ben-
son, Griffith, Lara, Lawton, Mitkoff, Newell,
O'Connell, Springer, Walter, Watson and
Wright—14.
A motion to adopt was lost by the follow-
ing vote:
Yeas — Messrs. Bell, Benson, Griffith,
Lara, Lawton, Mithoff, Newell, Walter and
Wright—9.
Nats—Messrs. Barrett, Brownlee, Brown,
Delage, Gastinel, Hart, Hills, Kavanagh,
Montamat, Purcell, O'Connell, Sullivan,
Springer, Watson and Wood—15.
The Senate then adjourned until 12
o'clock m. to-morrow.
Approved.
John E. Neelis,
Secretary.
Fridat, Dec. 2, 1864.
The Senate was called to order pursuant
to adjournment, Hon. C. W. Boyce, presi-
dent pro tem. in the chair, and the following
members present:
Messrs. Barrett, Bell, Brownlee, Brown,
Benson, Gastinel, Griffith, Hart, Hills,
Jones, Lara, Lawton, Mithoff, Montamat,
Newell, O'Connell, Purcell, Springer, Wal-
ter, Watson, Wright, Wood—22.
Prayer was offered by Rev. Father Mur-
phy.
The journal of yesterday was read, cor-
rected and approved.
Mr. Bell, on behalf of the Committee on
Printing, to which was recommitted the
bill entitled " An act to regulate and define
the duties and compensation of State Print-
er," reported the same back with amend-
ments.
On motion the amended bill was ordered
to be printed and made the order of the
day for Tuesday next, December 6th.
On motion of Mr. Lara, the vote of yes-
terday by which Mr. Bell's resolutions rela-
tive to the State property at Baton Rouge
were passed, was reconsidered and the res-
olutions indefinitely postponed by the fol-
lowing vote :
Yeas—Messrs. Barrett, Brownlee, Brown,
Benson, Gastinel, Hart, Hills, Jones, Lara,
Lawton, Newell, Purcell, O'Connell,
Springer, Walter, Watson, Wright and
Wood—18.
• Nats—Messrs. Bell, Griffith—2.
On motion of Mr. Purcell, leave of ab-
sence was granted to the assistant secretary
for a short time, provided he furnish a sub-,
stitute satisfactory to the Senate.
On motion of Mr. Gastinel, leave of ab-
sence was also grated to Mr. Lara for a
short time.
Agreeably to previous notice, Mr. Pur-
cell introduced a bill entitled " An act rela-
tive to the treasury department," which
was read and placed on the calendar for
its second reading.
By a message from the House, through
Mr. Westerfield, its clerk, the concurrence
of the Senate was requested in the bill to
extend the time for payment of State taxes.
A motion was made to suspend the rules
for the purpose of taking up the foregoing
bill,which was carried by the following vote :
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Gastinel, Griffith, Hart, Hills, Lara,
Mithoff, Montamat, Purcell, O'Connell,
Springer, Walter, Wright, Wood—17.
Nats—Messrs. Jones, Lawton, Watson—3.
The bill was read a first time and on a
suspension of the rules, it was read and
adopted on its second reading, and on a
further suspension of the rules, it was con-
curred in with its title.
The resolutions relative to a general
amnesty were taken up at their third read-
ing and defeated on their final passage by
the following vote on the motion to pass
them:
Yeas—Messrs. Barrett, Brown, Griffith,
Jones, Mithoff, Walter, Wright, Wood—8.
Nats—Messrs. Bell, Brownlee, Gastinel,
Hart, Hills, Lara, Lawton, Montamat, Pur-
cell, O'Connell, Springer, Watson—12.
18
JOURNAL
The House Joint Resolution fixing the
mileage of members of the General As-
sembly was committed to the Judiciary
Committee.
Mr. Lara submitted a minority report on
Ihe bill to authorize the treasurer of the
State of Louisiana to transfer certain funds,
which report was rejected, when Mr. Hart
submitted a majority report favorable to
the bill with amendments.
The bill was taken up and adopted as
amended and the rules having been sus-
pended, it was concurred in with amend-
ments.
Agreeably to previous notice, Mr. Mon-
tamat introduced a bill to amend and re-
enact certain sections of an "Act relative to
crimes and otfences, approved the 14th
March, 1855," which underwent its first
reading.
The Senate then adjourned until 12
o'clock m. on Monday the 5th inst.
Approved.
John E. Neelis,
Secretary.
Monday, Dec. 5, 1864.
The Senate was called to order at 12
o'clock m. by Hon. C. W. Boyce, president
pro tern, in the chair.
The following named senators responded
to roll-call :
Messrs. Barrett, Brownlee, Brown, Ben-
son, Delage, Griffith, Hart, Hills, Jones,
Kavanagh, Lara, Lawton, Mithoff, Purcell,
O'Connell, Sullivan, Springer, Watson,
Wright, Wood—20.
A prayer was offered by Rev. Dr. New-
man.
The journal of Friday, 2d inst., was read
and approved.
The Judiciary Committee submitted a
report on an " Act relative to justices of
the peace for the parish of Orleans," and
recommend its passage.
The report was received.
The same committee reported unfavora-
bly on an "Act to fix the day of holding an
election for justices of the peace throughout
the State of Louisiana."
The Committee on Federal Relations, to
which had been referred the joint resolution
relative to establishing a pension agency
for the State of Louisiana, reported favora-
bly and recommended the passage of the
resolution.
The militia bill was taken up, and on
motion the Senate proceeded to vote on
each section.
Section 1st was adopted as read with the
exception of the two words "male citizen,"
which were stricken out and the word
" man " inserted in lieu thereof.
In section 2d, Mr. Hills moved to strike
out the words " and all members of the
General Assembly of this State and officers
and clerks of the same."
A motion to lay the amendment on the
table was lost by the following vote :
Yeas—Mr. Montamat—1.
Nays—Messrs. Barrett, Brownlee, Brown,
Benson, Delage, Griffith, Hart, Hills, Jones,
Kavanagh, Lawton, Purcell, O'Connell,
Sullivan, Springer, Watson, Wright and
Wood—18.
The amendment was then adopted by the
following vote : Yeas 14 ; nays 5.
The second section was then adopted as
amended.
Section 3 was read as follows:
Sec. 3. It shall be the duty of the State
tax assessors, in the several cities and
parishes, to prepare a list of all persons
who may be living within their respective
limits, and liable to enrollment, giving the
name, age and occupation of each of such
persons, and facts which may determine his
exemption from military duty, and place a
certified copy of such lists in the hands of
the clerks of their respective cities or pa-
rishes, on or before the first day of Decern-
ber next, and the said clerks shall return
copies of such lists to the adjutant general,
on or before the tenth day of December
next, and the assessor shall receive the sum
of five (5) cents for each person so emtdled,
in addition to his salary as assessor.
Mr. Hills moved to amend by striking
out in the 9th line the word " five " and in-
sert the word " one," in lieu thereof, which
amendment was adopted by the following
vote :
Yeas—Messrs. Barrett, Brownlee, Brown,
Benson, Delaj^fe, Hart, Hills, Jones, Kava-
nagh, Lawton, Purcell, O'Connell, Sulli-
van, Springer—14.
Nays—Messrs. Griffith, Montamat, Wat-
son, Wright, Wood—5.
The third section was then adopted as
amended.
Sections 4, 5, 6, 7 and 8, were adopted
without amendment.
Section 9 was read as follows :
Sec. 9. Each captain shall, from time to
time, add to the rolls of his company the
name of each citizen, resident within its
bounds, who shall arrive at the age of
eighteen years, or come to reside within
said bounds, or who, at his being exempted
shall cease to be holden to duty elsewhere,
and the captain shall notify such citizen of
his enrollment without delay. And each
captain shall, annually, in the month of
April in each year, cause copies of the roll
of his company to be exposed to view in
the manner and for the period prescribed
in section 7, and having revised and cor-
rected said rolls in the manner prescribed
in section 8, return copies of the same to
the clerks of the respective cities or par-
ishes, to be recorded, and to the adjutant
OF THE SENATE.
19
of the regiment, and to the adjutant gen-
eral, on or before the first day of May in
each year. And such posting of said rolls
as herein prescribed, shall be legal notice
to all persons named therein of the fact of
their enrollment. The rolls of each com-
pany shall state the name, age, rank, occu-
pation and birth-place of each man en-
rolled in said company, and whether he is
married or single or a widower, what pa-
rents, brothers and children he has living,
and their respective names, ages and resi-
dence.
The commander of each company shall
transmit to the adjutant general'the name,
age, residence and date of death of each
member thereof immediately after such
occurs.
Mr. Sullivan moved to substitute the
word "male " for " citizen," in the second
line, and also to strike out the word " citi-
zen" in the filth line, and insert "person" in
lieu thereof.
Adopted.
Mr. Kavanagh moved to strike out the
words " and whether he is married or sin-
gle or a widower, what parents, brothers
and children he has living, and their res-
pective names, ages and residence."
Adopted.
The section was then adopted as amended.
Section 10 was altered so far as to change
the following: In infantry " one surgeon
with the rank of major." The title major,
on motion of Mr. Kavanagh, was made to
read " captain."
Motion was made and prevailed, that
further consideration of the militia bill be
postponed until Wednesday n^xt, 7th inst.
Mr. Bell was excused for non-attendance
on account of illness.
Leave of absence for four days was
granted Mr. Watson.
The Senate then adjourned until Tuesday
noon, December 6th.
Approved. .
John E. Neelis,
Secretary.
Tuesday, December 6, 1864.
The Senate was called to order at 12
o'clock m. by the Hon. C. W. Boyc°, presi-
dent pro tem. in the chair.
On roll-call the following named mem-
bers answered to their names :
Messrs. Barrett, Bell, Brownlee, Rrown,
Benson, Delage, Griffith. Hart, Hills, Jones,
Kavanagh, Lara, Mithoff, Newell, Purcell,
O'Connell, Sullivan, Springer, Walter,
Wright, Wood—21.
A prayer was offered by Rev. Mr.
Strong.
The journal of yesterday was read, cor-
rected and adopted.
The Judiciary Committee to whom was
referred an act entitled " An act to provide
a lien law for the benefit of mechanics and
laborers," reported unfavorably on the act
and recommended its rejection. The re-
port was received. Subsequently the bill
was placed on its second reading, when it
was rejected.
Mr. Lara gave notice that he would offer
a resolution to-morrow, relative to adjourn-
ment sine die on the 14th inst.
An act to define the duties and compen-
sation of state printer, being the order of
the day, on motion of Mr. Bell, action on
the bill was deferred until Monday next.
Mr. Bell was excused from attending to-
day's session on account of sickness.
An act relative to justices of the peace of
the parish of Orleans, was put on its second
reading and adopted.
Mr. Barrett moved to suspend the rules
and put the bill on its third reading, which
motion was lost.
Mr. Montamat moved that the bill rela-
tive to the treasury department be referred
to the Committee on Judiciary, and it was
so ordered.
Mr. Kavanagh moved that the bill enti-
tied " An act relative to crimes and
offences," be made the order of the day for
Friday next, and that fifty copies of the
same be printed. The motion prevailed.
The Committee on Judiciary, to whom
was referred the bill to fix the day of hold-
ing an election for justices of the peace
throughout the State of Louisiana, reported
unfavorably on said bill, and recommended
its rejection. The committee's report was
received and the bill rejected on its sec-
ond reading.
The House bill entitled "Joint resolu-
tion relative to presidential electors," was
brought up on its first reading, and on mo-
tion the same was laid on the table.
A motion to adjourn until to-morrow at
12 m. was made and carried.
Approved.
John E. Neelis,
Secretary.
Wednesday, Dec. 7, 1864,
At 12 o'clock m. Hon. C. W. Boyce, pres-
ident pro tern., called the Senate to order.
The following named members responded
to roll-call:
Messrs. Barrett, Brown, Brownlee, Delage,
Gastinel, Griffith, Hart, Ilills, Jones, Lara,
Lawton, Mithoff, Montamat, Newell, Nicolas,
Purcell, O'Connell, Springer, Walter,
Wright and Wood—21.
Prayer was offered by Rev. Mr. Chub-
buck.
The minutes of yesterday's proceedings
were read, amended and adopted.
report of the committee on city charter.
The joint committee appointed by the
80
JOURNAL
Senate and House of Representatives to
revise the city charter, submitted a report,
one hundred copies of which was, on mo-
tion, ordered to be printed. Said report
was signed by the following members of
the committee:
(Signed) L. Gastinel,
Ch'mn, (Senate).
Johx P. Montamat,
John Sullivan,
Z. Griffith,
A. Pelage,
J. D. O'Connell,
John 0. Wright.
(Signed) Jas. G. Balm,
Ch'mn, (House Rep).
John Foley,
Lewis E. Laloire,
Wm. A. Riggs,
S. W. Lewis,
R. M. Miller,
Terence Cook,
D. Christie,
I). W. Shaw.
Mr. O'Connell gave notice that he in-
tended introducing, hereafter, a bill to fix
the day for the meeting of the General As-
sembly of the State of Louisiana.
Mr. Lara offered the following, which lies
over under the rules :
Re it resolved by the Senate and House of
Representatives in General Assembly con-
vened, That the General Assembly do, on
Wednesday, December 14, 1864, adjourn
sine die.
A message was received from the House,
through its clerk, Mr. Westerfield, announ-
cing that the House had concurred in the
Senate substitute to the House bill entitled
"An act to authorize the treasurer of the
State of Louisiana to transfer, as a loan,
certain funds pertaining to the State."
And also, requesting the signature of the
president of the Senate to an act entitled
"An* act to provide a homestead for the
widows and children of deceased persons."
And also, an act entitled " An act to ex-
tend the time for payment of State taxes."
The Militia Bill was next in order, when
Mr. Delage moved that the amendments
made on the bill on the 5th inst. be recon-
sidered. The amendments were reconsid-
ered.
Section 1st being read, was, on motion,
amended to read as follows :
" Every able-bodied man, resident of this
State, of the age of eighteen and under the
age of forty-five years, shall be enrolled in
the militia."
Mr. Brown moved to erase section 2, alto-
gether. This section enumerates who shall
be exempt from militia duty.
Mr. Montamat moved to table the mo-
tion made by Mr. Brown, and the yeas and
nays being called for resulted as follows :
Yeas—Messrs. Barrett, Brownlee, Delage,
Griffith, Hart, Hills, Jones, Lawton, Mit-
hoff, Montamat, Newell, Nicolas, Purcell,
O'Connell, Sullivan, Springer, Walter,
Wright and Wood—19.
Nays—Messrs. Brown and Lara— 2.
Tabled.
Mr. Sullivan offered the following amend-
ment, to be inserted in 15th line, 2d section,
after the word " companies" : " except the
city of New Orleans, when they are recog-
nized by the Firemen's Charitable Associa-
tion of New Orleans."
Mr. Montamat offered as a substitute for
Mr. Sullivan's amendment the following
words: "in the State of Louisiana."
Mr. Montamat's substitute was adopted :
Mr. Barrett moved to strike out in sec-
tion 2, 18th line, the words " by such com-
mittee." Adopted by a vote of 15 yeas to
3 nays.
Mr. Sullivan moved to insert the follow-
ing words after the word " returned," in
line 17 of section 2 : " except the city of
New Orleans, where such returns shall be
made by the Firemen's Charitable Associa-
tion." Adopted.
Mr. Lara moved to strike out after the
word •' militia," in the 19th line, all to the
word " the " in the 22d line.
Mr. Hills moved to table all amendments.
The motion was lost by the following vote :
Yeas—Messrs. Barrett, Delage, Griffith,
Hart, Hills, Nicolas, Purcell, Springer and
Wood—9.
Nays—Messrs. Brown, Gastinel, Jones,
Lara, Lawton, Mithoff, Montamat, Newell,
O'Connell, Sullivan, Walter, Wright—12.
Mr. O'Connell offered an amendment to
strike out all after the word " militia," in
the 19th line, section 2, to the word " con-
stable " in the 21st line.
On motion to table Mr. O'Connell's
amendment, the yeas and nays were de-
manded, and being taken resulted as fol-
lows:
Yeas—Messrs. Barrett, Brown, Delage,
Gastinel, Hills, Ltfra, Mithoff, Montamat,
Newell, Nicolas, Purcell, Sullivan, Springer.
Walter and Wright—15.
Nays—Messrs. Griffiith, Hart, Jones, Law-
ton, O'Connell and Wood—6.
The amendment was consequently tabled,
Mr. Lara moved to strike out in the 19th
line all after the word " militia" to the
word " Gospel," inclusive, in 22d line in
section 2.
On the motion to adopt, the yeas and
nays being taken, resulted as follows:
Yeas—Messrs. Brown, Delage. Gastinel,
Jones, Lara, Mithoff, Montamat, Newell,
Nicolas, Purcell, O'Connell, Sullivan, Wal-
ter and Wright—14.
Nays — Messrs. Barrett, Griffith, Hart,
Hills, Lawton, Springer and Wood—7.
Consequently the motion to strike ouf
prevailed.
OF THE SENATE.
81
Mr. Gastinel offered an amendment, to
insert in the 22d line,'2d section, after the
word " enrolled," the following words :
" except ministers of the Gospel."
Mr. Brown moved to lay the amendment
on the table.
The yeas and nays being demanded and
taken, resulted as follows :
Yeas—Messrs. Brown, Delage, Griffith,
Hills, Lara, Lawton, Mithoff, Purcell,
Springer, Walter and Wood—11.
Nats—Messrs. Barrett, Brownlee, Gasti-
nel, Hart, Jones, Montamat, Newell, Mico-
las, O'Connell, Sullivan and Wright—11.
There being a tie vote, the president
voted in the negative, and the motion to
table was accordingly lost.
On motion to adopt Mr. Gastinel's amend-
ment, the yeas and nays were taken with
the following result:
Yeas — Messrs. Barrett, Gastinel, Hart,
Jones, Montamat, Newell, Nicolas, Purcell,
O'Connell, Sullivan and Wright—11.
Nays—Messrs. Brownlee, Brown, Delage,
Griffith, Hills, Lara, Lawton, Mithoff,
Springer, Walters and Wood—11.
There being a tie vote, the president
voted "yes," and Mr. Gastinel's amend-
ment was accordingly adopted.
Mr. Barrett's motion to adopt section 2,
as amended, was carried.
Mr. O'Connell offered an amendment to
section 3, 9th line, after the word " next,"
" and the assessors within the limits of the
parish of Orleans, shall receive each the
sum of 2 J cents, and the assessors through-
out the parishes of the State shall receive
each the sum of 5 cents for each person so
enrolled, in addition to the salaries as as-
sessors.
Mr. Sullivan offered a substitute to Mr.
O'Connell's amendment, to strike out •' 2^
cents," and insert in lieu thereof " 1 cent."
The motion to table Mr. Sullivan's sub-
stitute to Mr. O'Connell's amendment,
being lost, the yeas and nays were called
on the adoption of Mr. Sullivan's substi-
tute with the following result:
Yeas—Messrs. Barrett, Brownlee, Brown,
Gastinel, Hart, -Lara, Mithoff, Montamat,
Newell, Nicolas, Sullivan, Springer, Walter
and Wright—14.
Nats — Messrs. Delage, Griffith, Hills,
Jones, Lawton, O'Connell and Wood—7.
Mr. Sullivan's substitute was conse-
quently adopted.
On motion of Mr. Gastinel, " July " was
substituted for "December" in the 7th
line of section 3, by a rising vote of 11
yeas to 9 nays.
Mr. Nicolas moved to reconsider the vote
changing in 9th line of 3d section, the
words "5 cents" to "1 cent." The
amendment was reconsidered by the follow-
ing vote:
Yeas—Messrs. Delage, Gastinel, Griffith,
a6
Hart, Hills, Jones, Lara, Lawton, Mithoff,
Newell, Nicolas, O'Connell, Springer, Wal-
ter, Wright and Wood—16.
Nays—Messrs. Barrett, Brownlee, Brown
and Sullivan—4.
The question recurring on Mr. O'Con-
nell's amendment, amendments to the
amendment were offered by Messrs. Gasti-
nel and Mithoff. Pending discussion on
said amendments, a motion was made to
table all amendments to Mr. O'Connell's
amendment. The yeas and nays being
taken, resulted as follows:
Yeas—Messrs. Brownlee, Brown, Gasti-
nel, Hills, Jones, Purcell, Sullivan and
Springer—8.
Nays—Messrs. Barrett, Delage, Griffith,
Hart, Lara, Lawton, Mithoff, Newell, Nico-
las, O'Connell, Walter, Wright, Wood—13.
Accordingly the motion to table was
lost.
Mr. Hills moved to adopt the 3d section
as amended. The motion was lost by the
following vote :
Yeas—Messrs. Barrett, Brownlee, Brown,
Gastinel, Hills, Montamat and Purcell—7.
NayS'—Messrs. Delage, Grifffih, Hart,
Lara, Lawton, Mithoff, Newell, Nicolas,
O'Connell, Springer, Walter, Wright and
Wood—13,
Mr. Springer moved to adjourn.
"The yeas and nays being called for and
taken, resulted as follows :
.Yeas—Messrs. Barrett,Brownlee, Griffith,
Lara, Montamat, Newell, Springer and
Wood—8.
Nays — Messrs. Brown, Delage, Hart,
Hills, Lawton, Mithoff, Nicolas, Purcell,
O'Connell, Walter and Wright-^11.
Lost.
On motion of Mr. Montamat, further ac-
tion on the militia bill was deferred until
to-morrow.
Mr. Hills being called to the chair, on
motion of Mr. Gastinel, the Senate ad-
journed until 12 o'clock m. to-morrow, in
order to allow the Electoral College the
use of the Senate chamber for the purpose
of casting the electoral vote for president
and vice-president of the United States.
Approved.
John E. Neelis,
Secretary.
Thursday, Dec. 8., 1864.
The Senate was called to order at 12
o'clock m., Hon. C. W. Boyce, president pro
tem., in the chair, and the following named
members present:
Messrs. Barrett, Bell, Brownlee, Brown,
Benson, Delage, Gastinel, Griffith, Dart,
Hills, Jones, Lara, Newell, Montamat, Nico-
las, O'Connell, Purcell, Sullivan, Springer,
Walter, Wright and Wood—22.
The journal of yesterday was adopted.
82
JOUKNAL
Mr. Griffith moved to refer the miiitia bill
to a committee. Lost—yeas 7, nays 12. i-%
Mr. Hills moved to reconsider the vote
amending section 3, in lines 7 and 9, which
substitutes July for December. The motion
prevailed by the following vote : Yeas 13,
nays 4.
Mr. Hills then moved to amend section 3
by inserting February, 1865, for December,
in lines 7 and 9.
Mr. Montamat offered as an amendment
to the amendment, that March be substi-
tuted for February. The yeas and nays
being demanded on motion to table Mr.
Montamat's amendment, were taken, with
the following result:
Yeas—Messrs. Barrett. Bell, Delage, Grif-
fith, Hills, Mithoff, Nicolas, O'Connell,
Springer, Wright and Wood—11.
Nays—Messrs. Brownlee, Hart, Lara,
Lawton, Montamat, Newell, Sullivan and
Walter—8.
Consequently the amendment was tabled.
On the adoption of Mr. Hills' amend-
ment, the yeas and nays being demanded
and taken, resulted as follows :
Yea.s—Messrs. Barrett, Bell, Delage, Grif-
fith, Hills, Mithoff, Nicolas, Springer, Wal-
ter, Wright and Wood—11.
Nays—Messrs. Brownlee, Hart, Lawton,
Lara, Montamat, Newell, O'Connell and
Sullivan—8.
The amendment was adopted.
Mr. 0'Council's amendment to section 3,
ninth line, was called up, viz : Assessors
within the limits of the parish of Orleans
shall receive each the sum of 2J cents, and
the assessors throughout the parishes of the
State shall receive each the sum of 5 cents
for each person so enrolled, in addition to
their salaries as assessors.
Mr. Sullivan offered an amendment to
Mr. O'Connell's amendment, making the
pay of city assessors 1 cent, and for the
country parishes 3 cents.
The questions of city and country were
separated.
The vote on Mr. O'Connell's amendment
making the pay of country assessors 5 cents
for enrolling, was voted on with the follow-
ing result:
Yeas—Messrs. Barrett, Bell. Brownlee,
Delage, Griffith, Hills, Lara, Mithoff, New-
ell, Nicolas, 0 Connell, Purcell, Springer,
Walter, Wright and Wood—16.
Nays—Messrs. Brown, Hart, Lawton,
Montamat and Sullivan—5.
Adopted.
Mr. Sullivan's amendment to Mr. O'Con-
nell's amendment, giving country assessors
3 cents for each name enrolled, was lost by
the following vote :
Yeas—Messrs. Lara, Mithoff and Monta-
mat—3.
Nays—Messrs. Barrett, Bell, Brownlee,
Brown, Delage, Griffith, Hart, Hills, Law-
ton, Newell, Nicolas, O'Connell, Purcell,
Sullivan, Springer, Walter. Wright and
Wood—18.
Mr. Sullivan's amendment to Mr. O'Con-
nell's amendment, allowing compensation
of 1 cent to city assessors for enrolling, was
then adopted.
Mi'. Montamat moved to amend section 3
by adding, in the tenth line, the following
words: Payable by the respective parishes,
towns or cities in which said enrollment
shall be made.
The vote to adopt stood—yeas 12, nays 7.
Adopted.
Mr. Montamat' moved to further amend
section 3, sixth line, after the words cities
and parishes, and in the city of New Or-
leans said returns shall be made to the
adjutant general. Adopted.
Mr. Hills moved to adopt section 3 as
amended. The section was adopted.
Sections 4 and 5 were adopted without
amendment.
Mr. Montamat moved to amend section 7,
in seventh line, after the words " respective
companies," by the following : " In the city
of New Orleans, by publishing the same in
the official paper three times."
Mr. Mithoff's motion to table the last
amendment was lost by the following vote :
Yeas—Messrs. Barrett, Delage, Griffith,
Hart, Lara, Lawton, Mithoff, Newell, O'Con-
nell and Wright—10.
Nays—Messrs. Bell, Brownlee, Brown,
Hills, Montamat, Nicolas, Purcell, Sullivan,
Springer and Wood—10.
There being a tie vote, the president voted
nay. The motion to table was lost.
Mr. Montamat's amendment to section 7,
line seven, was then adopted by the follow-
ing vote:
Yeas—Messrs. Bell, Brownlee, Brown,
Hiiis, Lara, Montamat, Newel), Nicolas,
O'Connell, Purcell, Sullivan, Springer,Wal-
ter and Wood—14.
Nays—Messrs. Barrett, Delage, Griffith,
Hart, Lawton, Mithoff and Wright—7.
Section 7 was adopted as amended.
Mr. Bell moved to amend section 8, fourth
line, after the word " posting," by inserting
the words "or publishing." Adopted as
amended.
Mr. Brownlee moved to strike out in sec-
tion 8, twelfth line, the word " clerk," and
insert the words " clerk or justices of the
peace." The motion was lost by the fol-
lowing vote—yeas 9, nays 11.
Section 8 was then adopted as amended.
Mr. Sullivan moved to strike out in the
second line of section. 9 the word "citizen,"
and insert the word "man and in the fifth
line, same section, to strike out the word
" citizen" and insert the word " person."
The amendments and the section were
adopted.
Mr. Hart moved to strike out in the six-
OF THE SENATE,
leent'h line t>? seetloft 9 th§ Wolds, aiid
Whether he is married or single, or a
Widower, what parents, brothers and chil-
dren he has living, and their respective
ages, names and residences."
The amendment and section were adopt-
ed.
In section 10, twenty-second line, Mr.
Hills moved to change the word "major" to
"captain." The alteration was adopted,
and the section was adopted as amended.
The 11th section was adopted without
amendment: also, sections 12, 13, 14, 15,
16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27,
28, 29, 30, 31, 32, 33 and 34.
Mr. Montamat moved to strike out all of
section 33.
A motion was made to table Mr. Monta-
mat's motion. The yeas and nays being
taken, resulted as follows:
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Delage, Gastinel, Griffith, Hart,
Hills, Lara, Lawton, Mithoff, Newell, Nico-
las, O'Connell, Purcell, Sullivan, Springer,
Walter, Wright and Wood—21.
Nay—Mr. Montamat—1. Tabled.
Mr. Brownlee made a motion to adjourn.
The yeas and nays were taken, resulting as
follows :
Yeas—Messrs. Brownlee, Delage, Grif-
fith, Hills, Lara, Lawton, Nicolas, Purcell,
Sullivan, Springer, Wright and Wood—12.
Nays—Messrs. Barrett, Bell, Brown, Gas-
tinel, Hart, Mithoff, Montamat, Newell,
O'Connell and Walter—10. Carried.
The Senate then adjourned until to-mor-
row at 12 o'clock m.
Approved.
John E. Neelis,
Secretary.
Friday, Dec. 9, 1864.
Pursuant to adjournment, the Senate was
called to order by Hon. G. W. Boyce, presi-
dent pro iem. in the chair, at 12 o'clock m.
On roll-call, the following named mem-
bers answered to their names :
Messrs. Barrett, Bell, Brown, Brownlee,
Benson, Delage, Gastinel, Griffith, Hart,
Hills, Jones, Lara, Lawton, Montamat, New-
ell, Nicolas, O'Connell, Purcell, Springer,
Walter, Wright and Wood—22.
A prayer was offered by Rev. Father
Murphy.
Yesterday's journal was read and adopted.
The Judiciary Committee, to which had
been referred the joint resolution fixing the
mileage of members at 20 cents per mile to
and from the General Assembly, reported
back the bill, and recommended its adop-
tion. The report was received.
The Special Committee, to which had
been referred an act in relation to levees
and roads, reported favorably, and recom-
mended the passage of the bill.
Ahcdrding to previous notice, Mr. Nicolas
presSfithd "An act for the relief of Com-
merce and Agriculture." Read a first time
and placed on the calendar..
Mr. Hart asked that Mr. Mithoff be grant-
ed leave of absence for to-day. Granted.
Mr. Montamat gave notice that he intend-
ed, on some future day, introducing a bill
entitled "An acf to authorize the governor
to appoint five members of the bar to revise
the Civil Code, Code of Practice, and Stat-
utes of Louisiana, in accordance with alter-
ations and provisions made in the new con-
sbitution of 1864."
Mr. Jones gave notice that he intended,
at some future time, introducing "An act
entitled an act to regulate the collection of
promissory notes, bonds, mortgages, and
other obligations, by Unionists to rebels."
Mr. Hills moved to reconsider the amend-
ment made yesterday on the militia bill,
section 10, twenty-second line, changing
the word "major" to "captain." Recon-
sidered.
The reconsideration makes the title re-
main "major."
The Militia Bill was taken up at section 35.
Mr. Montamat moved to amend section
35, line four, by striking out the words "not
less than $3500," and inserting the figures
" $4000."
Several other amendments were offered
on the same subject.
Mr. Hart's amendment making the figure
$3000, was adopted by the following vote :
Yeas—Messrs. Brownlee, Benson, Grif-
fith, Hart, Lara, Lawton, O'Connell, Pur-
cell, Walter and Wood—11.
Nays—Messrs. Barrett, Bell, Delage,
Hills, Jones, Montamat, Newell, Nicolas
and Springer—9.
Mr. Barrett moved to adopt section 35 as
amended. The section was then adopted.
Mr. Lara moved to amend section 36 by
substituting the figures $3000 in place of
$3500, in tenth line.
A rising vote gave ten yeas and ten nays.
The president voted yea, whereupon the
amendment was adopted.
Mr. Purcell moved to amend section 36,
tenth line, by inserting the words "when in
active service in the field."
A motion was made to table Mr. Purcell's
amendment. The yeas and nays being
taken, resulted as follows :
Yeas—Messrs. Barrett, Delage, Hills,
Lawton, Montamat, Nicolas, Springer,Wood
and Wright—9.
Nays—Messrs. Brown, Benson, Griffith,
Hart, Jones, Lara, Newell, O'Connell, Pur-
cell and Walter—10.
The motion to table Mr. Purcell's amend-
ment was lost.
Mr. Hart made a motion to reconsider the
vote allowing the quartermaster $3000, in
section 36, tenth line. Reconsidered.
84
JOURNAL
Mr. Hills made a motion to leave the sum
at $3500, as in the bill.
Mr. Purcell offered the following amend-
ment to the same section : "When in active
service in the field."
A motion to table this amendment was
lost.
Mri Barrett offered a substitute for the
above amendment to sectipn 36, line ten,
which reads as follows : " The sum of $1000
per annum, provided that when he is em-
ployed in active service he shall then re-
ceive pay at the rate of $3500 per annum."
Adopted by the following vote :
Yeas—Messrs. Barrett, Brown, Brownlee,
Benson, Delage, Griffith, Hills, Jones, Lara,
Lawton, Montamat, Newell, Nicolas, O'Con-
nell, Purcell, Springer, Walter, Wright and
Wood—19.
Nays—Messrs. Gastinel and Hart—2.
Section 36 was then adopted as amended.
Mr. Purcell moved to insert in the fifth
line of section 37 the words after the word
" receive when in actual service at least
$200 per month," and to strike out all after
the word " receive."
On motion, the amendment and the sec-
tion were both adopted by the following
vote:
Yeas—Messrs. Barrett, Brown, Benson,
Gastinel, Griffith, Hart, Jones, Lara, Law-
ton, Mdntamat, Newell, O'Connell, Purcell,
Springer, Walter and Wright—16.
Nays—Messrs. Delage, Hills, Nicolas and
Wood—4.
Mr. Lara proposed to postpone for to-day
further action on the Militia Bill, in order
to take up other business of the Senate.
The yeas and nays were called.
Yeas—Messrs. Benson, Delage, Gastinel,
Griffith, Jones, Lara, Lawton, O'Connell,
Walter and Wright—10.
Nays—Messrs. Barrett, Brown, Hart,
Hills, Montamat, Newell, Nicolas, Purcell,
Springer and Wood—10.
The president voted nay, and the motion
was lost.
A message was received from the House
of Representatives, through its clerk, Mr.
Westerfield, announcing that the speakef
had signed the enrolled Senate bill relative
to a transfer of certain funds pertaining to
the State.
A motion was made to adjourn, and lost
by the following vote :
Yeas—Messrs. Delage, Griffith, Hills,
Lara and O'Connell—5.
Nays—Messrs. Barrett, Brown, Benson,
Gastinel, Hart, Jones, Montamat, Newell,
Nicolas, Purcell, Springer, Walter, Wright
and Wood—15.
Mr. Purcell moved to amend section 38,
fourth line, by striking out all after the
word " services," and insert the following :
" $250 per month when in actual service."
Adopted.
. The section (38) was adopted as amended.
Mr. Purcell moved to amend section 39,
fifth line, by inserting after army the words
"when in actual service in the field."
Mr. Hills moved to amend Mr. Purcell's
amendment by striking out the words " in
the field." Adopted.
The amendment was then adopted by the
following vote:
Yeas—Messrs. Barrett, Delage, Hills,
Lawton, Montamat, Nicolas, Springer, Wal-
ter, Wright and Wood—10.
Nays—Messrs. Benson, Gastinel, Griffith,
Hart, Jones, Lara, Newell, O'Connell and
Purcell—9.
Mr. Hills moved to reconsider section 39.
Reconsidered by the following vote—yeas
10, nays 9.
Mr. Hills moved that the section be made
to read as follows, in line five, after the
word "army," "when in actual service, by
the state treasurer, on their own warrant,
certified to by the adjutant general of the
State."
Mr. Gastinel moved to amend section 39
by adding the following words : "And they
are to receive such allowances only when
the militia is called out to perform duty."
Tabled by yeas 12, nays 4.
Pending discussion on section 39, a mo-
tion was made to adjourn. Carried by a
vote of yeas 14, nays 6. Adjourned.
[On the 7th inst. Mr. Snetlien, private
secretary to his excellency Gov. Hahn, by
message, informed the Senate that the gov-
ernor had approved and signed "An act to
organize the Supreme Court of the State of
Louisiana.7']
Approved.
John E. Neelis,
Secretary.
Saturday, Dec. 10, 1864.
Pursuant to adjournment, the Senate was
called to order at 12 o'clock m., by Hon. C.
W. Boyce, president pro tem., in the chair.
Present at roll-call, the following named
senators, viz:
Messrs. Barrett, Bell, Brownlee, Brown,
Benson, Delage, Gastinel, Griffith, Hart,
Hills, Lawton, Montamat, Newell, Nicolas,'
Purcell, O'Connell, Sullivan, Springer, Wal-
ter, Wright and Wood—21.
A prayer was offered by Rev. Mr. Hor-
ton.
The journal of yesterday was read and
approved.
Mr. Bell, chairman of the Committee on
Auditing and Supervising the Expenses of
the Senate, offered r resolution recommend-
ing that the sum of five cents be paid for
each copy of daily papers furnished to the
Senate.
Mr. Sullivan offered a minority report
that the proprietors of the city papers be
OF THE SENATE.
85
allowed ten cents per copy for their papers
furnished the Senate.
On motion of Mr. Hills the whole sub-
ject was laid on the table.
Mr. Bell presented the following report,
which was adopted and approved for pay-
ment:
New Orleans, Dec. 10,1864.
The Auditing and Supervising Committee
on Expenses of the Senate, report that they
have approved the following bills and the
vouchers for same with complete items, and
state, that after due examination, have
found all to be correct, viz :
Bill of True Delta office $120 00
" Tracy & Fairfax 78 00
" Gage, Badger & Co... 9 85
" Picayune 104 25
" C. C. Sampson 139 00
" W. S. A. McDonald 21 00
" Hugh McManus 10 00
" J. A. Leidner 15 00
" N.O.Bee 44 50
" Tribune 3 00
" Times 135 05
$679 15
Robt. B. Bell, Chairman.
Chas. W. Boyce,
R. R. Benson,
Z. Griffith, -
John Sullivan.
Mr. Nicolas submitted the following:
The Committee on Public Lands beg
leave to report by introducing the follow-
ing bill to be entitled " An act for the pay-
ment of land office documents bought by
the provisional register thereof."
(Signed) Joseph Nicholas, Ch'mn.
L. Gastinel,
M. Lara.
The report of the committee was received
and the bill read by its title and placed on
the calendar for its second reading.
Mr. Lawton presented the following, viz :
" An act entitled an act to amend an act
entitled an act relative to the. General As-
sembly," approved Nov. 28, 1864.
The rules being suspended, the act passed
its first reading.
On motion for a further suspension of the
rules to put the bill on its second reading,
the yeas and nays were demanded and
taken with the following result:
Yeas—Messrs. Barrett, Bell, Brown, Ben-
son, Griffith, Hills, Lawton. Newell, Nico-
las, Purcell, O'Connell, Springer, Walter,
Wright and Wood—15.
Nays—Messrs. Brownlee, Delage, Gasti-
nel, Hart, Montamat and Sullivan—6.
The constitutional majority not voting in
favor of a second reading of the bill, it was
placed on the calendar for a second reading.
The rules were suspended to allow Mr.
Nicolas to introduce a joint resolution rel-
ative to an adjournment of the General As¬
sembly from the 21st inst. until the first
Monday in January, 1865. The bill was
read a first time.
A motion to adjourn until Monday next
at 12 o'clock m., was made. The yeas and
nays were called for and resulted as follows :
Yeas—Messrs. Barrett, Brown, Delage,
Griffith, Hart, Hills, Newell, Nicolas, Sulli-
van, Springer and Wood—11.
Nays—Messrs. Bell, Benson, Gastinel,
Lawton, Montamat, Purcell, O'Connell,
Walter and Wright—9.
.Consequently the Senate adjo'urned until
12 o'clock m. on Monday.
Approved.
John E. Neelts,
Secretary.
Monday, Dec. 12, 1864.
Pursuant to adjournment, the Senate was
called to order at 12 o'clock m. by Hon. C.
W. Boyce, president pro tern., in the chair.
The roll being called, the following named
members answered:
Messrs. Barrett, Brownlee, Brown, Delage,
Gastinel, Griffith, Hart, Hills, Jones, Law-
ton, Mithoff, Montamat, Newell, Nicolas,
O'Connell, Purcell, Sullivan, Springer,Wal-
ter, Watson, Wright and Wood—22.
Prayer was offered by Rev. Mr. Newman.
Minutes of Saturday, 10th inst., were read
and adopted.
The Committee on Parochial Affairs, to
which had been referred "An act relative to
Practitioners of Medicine," submitted the
following report: The committee recorn-
mend to strike out " section 3 and change
section 4 to section 3," and report favor-
ably. The report was received.
The Committee on State Constitution re-
ported a bill entitled "An act to repeal the
14th, 15th, 16th, 17th and 18th sections of
the act number 319, page 411, statutes of
1855, entitled "An act relative to elections,"
and in compliance with article 17 of the
State Constitution, to amend the said act.
The report of the committee was received.
Mr. Sullivan offered the following resolu-
tion, which was adopted :
Resolved, That on Monday next, 19th
instant, the senators draw for the short and
long terms.
Mr. Nicolas gave notice that he intended
to introduce an act to change the day of the
meeting of the second session of the first
Legislature of the State of Louisiana.
The Militia Bill was taken up at section
39.
The section was adopted, with the amend-
ments thereto.
Section 40 was adopted without amend-
ment.
Mr. Gastinel moved to amend section 41
by changing, in line seven, the sum of
" $2500 to $1200."
%6
JOURNAL
A. motion was made and lost to table Mr.
Gastinel's amendment. Yeas 10. nays 10.
The president voted no, and the amendment
was not tabled.
Mr. Hills moved to amend Mr. Gastinel's
amendment by making the sum $2000.
Tabled.
Mr. Gastinel's amendment was then
adopted by the following vote :
Yeas—Messrs. Brownlee, Brown, Gasti-
nel, Hart, Jones, Lawton, Montamat, New-
ell, Walter and Wright—11.
Nays—Messrs. Barrett, Delage, Griffith,
Hills, Mithoff, Nicolas, Springer, Watson
and Wood—9.
The yeas and nays were demanded on
the adoption of the section, resulting :
Yeas—Messrs. Brownlee, Brown, Gasti-
nel, Hart, Jones, Lawton, Montamat, New-
ell, O'Connell, Purcell, Sullivan, Walter
and Wright—13.
' Nays---Messrs. Barrett, Delage, Griffith,
Hills, Mithoff, Nicolas, Springer and Wood-8.
Section 41 was declared adopted.
Sections 42, 43, 44 and 45 were adopted
without amendment.
Mr. Brownlee moved to change in line
four of section 4G, the word "frees" to "re-
lease." The amendment was adopted, as
also the section.
■ Sections 47, 48, 49, 50, 51, 52, 53, 5i and
55 were adopted without amendment.
The yeas and nays were called on the
adoption of section 50, with the following
result:
Yeas—Messrs. Barrett, Brownlee, Brown,
Delage, Gastinel, Hart, Hills, Mithoff, New-
ell, Nicolas, O'Connell, Purcell, Sullivan,
Springer, Walter and "Wright—10.
Nays—Messrs. Griffith, Jones, Lawton,
Montamat and Wood—5.
Section 50 was therefore adopted.
Sections 57 to 73, inclusive, were each
separately adopted without amendment.
The yeas and nays were demanded on the
rejection of section 74, Mr. Purcell having
moved to strike out the entire section.
Yeas—Messrs. Brown, Delage, Gastinel,
Hart, Jones, Newell and Purcell—7.
Nays—Messrs. Barrett. Griffith, Hills,
Lawton," Mithoff, Montamat, Nicolas, Sulli-
van, Springer,Walter, Wright and Wood—12.
The motion to strike out was therefore lost.
Mr. Barrett moved to amend section 74,
fifth line, by adding the words "except those
officers whose pay is already fixed by law."
Adopted.
Section 74 was then adopted as amended.
Sections 75,76 and 77 were adopted with-
out amendment.
Mr. Mithoff moved to change in line three
of section 78, the word "twenty" to "ten."
The amendment was adopted and also the
section, without further amendment.
Sections 79 to 86, inclusive, were each
separately adopted.
Mr. Lawton moved to adjourn until' 6
o'ciock p. m. to-day, which motion was lost
by the following vote:
Yeas—Messrs. Gastinel, Jones, Lawton,
Montamat, Purcell, Springer and Watson -7.
Nays—Messrs. Barrett, Brownlee, Brown,
Delage, Griffith, Hills, Mithoff, Newell, 'Ni-
colas, O'Connell, Sullivan, Walter, Wright
and Wood—14.
Section 88 was read and adopted without
amendment.
By a message from the House, through
its clerk, Mr. Westerfield, the Senate was
informed that the House had concurred in
the Senate bill entitled "An act fo authorize
the city corporation of New Orleans to
build a bridge over Canal Carondelet, op-
posite Galvez street."
The same messenger asked the concur-
rence of the Senate in the following: "A
bill entitled an act to authorize the city
corporation of New Orleans to build a good
and substantial bridge across the new basin
canal at Liberty street."
Also, "An act to provide for the promul-
gation, preservation and conduct of public
records, judicial and legislative written
proceedings of the State of Louisiana."
Also, "An act to amend article 155 of the
Civil Code of Louisiana."
Also, "An act to abolish the Black'Code
of Louisiana."
Mr. Brownlee moved to adjourn until 12
o'clock m. to-morrow. The yeas and nays
were called.
Yeas—Messrs. Brownlee, Brown, Delage,
Griffith, Hills, Nicolas, Purcell, Springer,
Sullivan, Wright and Wood—11.
Nays—Messrs. Barrett, Hart, Lawton.
Mithoff, Newell, O'Connell, Walter and
Watson—8.
The Senate then adjourned until 12
o'clock m. to-morrow.
Approved.
John E. Neelis,
Secretary.
Tuesday, Dec. 13, 1864.
The Senate was called to order pursuant
to adjournment, by C. W. Boyce, president
pro tern., in the chair, and the roll being
called, the following members answered, viz:
Messrs. Bell, Brownlee, Brown, Barrett,
Delage, Hart, Hills, Kavanagh, Lawton,
Mithoff, Newell, Nicolas, Purcell, O'Con-
nell, Springer, Walter, "Watson, Wright and
Wood—19."
Prayer was offered by Rev. Mr. Hopkins.
The journal of yesterday was read and
approved.
Mr. Nicolas, on behalf of the Committee
on Enrollment, reported as correctly en-
rolled the bill entitled " An act to author-
ize the City Corporation of New Orleans to
build a bridge across Canal Carondelet.
OP THE SENATE.
8V
Mr. Hills, on behalf of the Committee to
Investigate the Convention Printing, sub-
mitted the following:
To the honorable the Senate of the State of
Louisiana:
The undersigned, your committee, ap-
pointed to investigate the printing of the
late Constitutional Convention, beg leave
respectfully to report, that they have fully
considered the subject in its various parts
and details.
The scope of the investigation assigned
to your committee, necessarily assumed a
wide range, embracing many particulars of
a technical character.
"VVe were under the disadvantage, until
within a few days past, of the temporary
absence of the official printer of the Con-
vention and of conducting an examination,
the very holding of which, during his ab-
sence, might be deemed unfair, as it cer-
tainly would, to have come to a hasty con-
elusion adverse to him without giving him
an opportunity for explanation and de-
fence.
We were, too, inquiring into the acts and
expenditures of a separate body—an organ-
ization over which we could have no control
—whose acts were of the past—a Convention
which, during its sessions, represented sov-
ereignty in our State in all matters not
purely military or subject to the control of
United States laws. Yet, we took the
ground, that any payments not rightfully
due and not regularly made according to
the rules of the Convention, were a proper
subject of reclamation by the State, and as
such, a proper subject of investigation.
And the printer of the Convention, on his re-
turn, promptly and frankly acknowledged
the propriety of our inquiries, and, while vin-
dicatinghis position and course in the official
discharge of his duty, declared his responsi-
bility to the State and his readiness to pay
any sum that by error, irregularity, non-
performance or imperfect performance of
duty, might have been received, and not
due him by a just and rightful interpreta-
tion. He also declared his readiness to re-
fipond to all inquiries, to make any explan-
ations that might be required, and to place
at the disposal of your committee all
means of information on the subject. Not
being, himself -a practical printer, it would
be strange if in executing work of such
magnitude, the details of which were com-
mitted to others, questions of art and
technicality would not arise, as in this case,
without his knowledge, will, or decision in
the matter, and which, though not resulting
to his blame personally or officially, of
course must fall upon him legally and pe-
cuniarily.
The result of our deliberations has di-
vided into several branches, which we shall
dwell upon in such detail as the subject
requires to furnish the means of arriving at
just conclusions.
It appears that the number of Debates
and Journals in English and French re-
quired was 2500 each, and that 2540 were
run off, the overplus being to replace
spoiled sheets, &c. The pages were to be
seventy-one lines in length, and this fur-
nishes the first serious question to be treated
of in our report. The printer was obliged
to run off some of the first forms without
specific instructions as to their size, trusting
to their approval in this particular, and
running the risk of having to print thero
over again should the Convention order an-
other size. Copies of these forms were de-
livered to the Committee on Printing, and
upon the desks of all the members of the
Convention. The specimen page had been
made up, the length being seventy-one lines.
It appears that a slight difference was subse-
quently occasioned by the compositor find-
ing an inconvenience in making up the
pages, on account of the rule in centre of
page being even "ems" in length of pica.
He therefore shortened the page one line.
It thus appears that the stipulation was
made upon the pages as exhibited in the
earliest forms run off, the seventy-one lines
of measurement being provided for under
the impression entertained on all hands that
such were their dimensions. There was no
dissatisfaction with the pages. The entire
wrork was continued, and ha3 been per-
formed without change in its style or man-
ner of performance. If there was a whisper
of desire for change in any particular, it
could certainly have found voice during the
long sitting of the Convention. A great
deal has been said about the leadings, the
size of the type, etc., etc.
We regard these things as having been at
all times within the control and responsi-
bility of the Convention. Without more
closely detailed instructions, the printer
necessarily used his discretion in many mat-
ters. We have compared his work with
State printing of other States, with all ol
which it compares advantageously; and
compared with sorpe done for the State oi
New York, the preponderance is strongly
in its favor in compression of appear-
ance and economy ot space. It is not to
be denied that this Convention, as well as
nearly all political and legislative bodies,
could have made much more stringent terms
and specifications, and should have done
so. This, however, does not afford any
ground of blame or reclamation upon the
printer. So far as the length of the pages
are concerned, we have shown that the pro-
vision being made upon the work already
partly performed, is more of a descriptive
than of a stipulative character, aud designed
to secure a continuance of the standard
adopted, not to increase it. Considering
88
JOURNAL
this fact, and its approval and acceptance
by the Convention, we consider it would be,
even if not too late, neither legal nor
equitable to require at this time a forfeiture
of his pay. The width of the page has
been found fully up to the size mentioned.
The printer, upon his election, proceeded
at once to perform the duties of the posi-
tion. It was his duty to print and publish
the proceedings, to perform all other neces-
sary printing for the Convention, and to be
responsible for the punctual and satisfactory
execution of the work. The resolution pro-
viding for his election expresses this: He was
thus made responsible in general that every
thing should be done satisfactorily; that
he should perform all things within the
scope of his duties, any neglect or non-per-
formance of duty being at his risk. It was
some five or six weeks before any more de-
tailed or specified understanding was had
with the Convention. In the meantime, he
performed all the work sent to him by the
Convention and its officers and committees.
Among the work so sent to the office of the
True Delta, besides the bills, ordinances,
reports, resolutions and documents for
printing, were the journals and debates of
the Convention, which were sent for publi-
cation. It was a part of the policy of- the
Free State movement to give to the ques-
tions of the times full prominence and dis-
icussion throughout the State. The wisdom
of the policy is exemplified in the general
change in city and country in so brief a.
space of time in favor of Free State doc-
trines, where previously strong pro-slavery
doctrines were rife. Truth needs but dis-
cussion to be vindicated. The printer per-
formed his duty m the publication of the'
matter sent him fully, and in the only man-
ner that could have fully secured him from
censure for neglect of duty. The True
Delta was, and had been for years, issued
in three separate editions—morning, even-
ing and weekly—each supplying its sepa-
rate class of readers. If the Convention
had been of the city alone, the local edi-
tions would have sufficed without the weekly;
but the questions determined by the Con-
vention were as important to the country
as to the city.
To have withheld the proceedings from
any of the editions of the paper, would have
been to have withheld them to that extent
from publication, and to have exposed him
to the risk of censure for their omission.
At any rate he acted as, without more spe-
cifie instructions, he could only have acted.
Copies of every edition were delivered as
soon as issued to all the officers and com-
mittces of the Convention, and upon the
desks of all the members. In this manner
the work was performed under the eye of
the Convention, and within the knowledge
of every member, for some five or six weeks
before further action was taken upon the
subject of printing. No fault was found;
every one knew perfectly well the manner
of performance of the work when the com-
pensation bill came up. May 17th the Con-
vention provided that he should receive one
dollar per square for the " first insertion,"
and " fifty cents for each subsequent inser-
tion." There is no mistaking the meaning
of these words, and there appears not to
have been at the time any doubt of
their import. " First insertion" is a term
only used where there are one or more sub-
sequent insertions, and "each subsequent
insertion" means nothing if it does not
mean each of more than one subsequent in-
sertion. But the best explanation of words
is by taking them in connection with facts.
These words applied to facts, not to an im-
aginary state of affairs, and nobody seems
to have doubted that they meant and were
framed and passed for the insertions that
existed, and daily and weekly appeared,
and no other. The morning edition in-
creased to blanket size, and that size was
then doubled ; the evening increased cor-
respondingly, and, though the largest even-
ing sheet in the city, was frequently doubled
to admit the Convention matter ; the weekly
was increased to a triple sheet. The paper
alone imprinted for each separate paper
must, we are credibly informed, have ex-
ceeded in cost the subscription or sale price
of the newspaper; but this is no part of
our inquiry, neither is it for us to inquire
whether the Convention could not or should
not have economized or discontinued a part
of these publications ; suffice it to say, they
did not. If it were for us to judge, they
would have done well to discontinue, not in
our opinion the weekly--which we have-
heard objected to, but which we deem to
have been necessary—but the evening.
This, however, as we have said, they did
not, probably upon the reasoning that the
payments for "subsequent insertions" being
cut down one-lialf, it would amount to the
same in the result. Whatever difference of
opinion may have since or afterwards arisen
out of the Convention, the printer was not
to blame. We have not found that in any
one particular more,than justice was done
him. Ilis rates were fixed and reported
upon after consultation with persons ac-
quainted with the typographical art, who
did not deem them exorbitant, and with
no effort on his part to influence them. If,
in fact, they reached a sum not originally
expected, it is because the sessions of the
Convention were protracted three times
longer than was originally expected. Weeks
of protracted and exciting debate on the
slavery question—weeks again on the judi-
ciary question ; all these things were be-
youd the control or responsibility of the
printer.
OF THE SENATE.
89
We now come to speak of the manner of
approval and payment of the hills, and find
in this a stronger warrant, if any were
needed, for his payment for the insertions
of official matter. Whatever may be said
of the looseness of the Convention in the
transaction of its business, this cannot apply
to the matter of the printing, for by refer-
ence to the journal of May 17th, page 70,
they were required by resolution to pass
the ordeal of three separate committees—
that on printing, on finance, and on ex-
penses—before payment. The power and
authority of approval were delegated to
these committees until adjournment, and
after adjournment to the special auditing
committee to examine and decide upon all
unfinished work, indebtedness, bills, and
unsettled accounts.
The vested authority alluded to was ex-
ercised by all these committees, including
the decision of whether the printer was act-
ing according to the will of the Convention
or falling short of or exceeding it.
Their approval of the insertions was suffi-
cient of itself to sanction them, were they
not, as we have already shown, sufficiently
recognized and sanctioned, thus leaving
these grounds unnecessary to go over again
at this late day, although we have done so
for the sake of explicitness and on ac-
count of the objections' that have been
raised.
The binding of the books was mostly per-
formed during the absence of the official
printer, and consequently without an op-
portunity of his direct supervision. We
have examined the manner of its perform-
ance and compared the books with the laws
of the State, as annually delivered by the
printer, as well as the records and proeeed-
ings of previous Conventions. We have
also compared them with volumes of laws
of the United States, published by au-
thority.
The volumes appear to have been got up
equal in quality of stitching and binding
and superior in style to either of these. We
do not find leather binding to have been
required ; if it were, it would have been spe-
cifieally provided for; nor does there appear
any probability that such binding was in-
tended to be required upon such a large
quantity of work. Its being unusual, ren-
ders the improbability still greater.
In the absence, therefore, of more direct
specifications and requirements, and in view
of the examples before cited, we do not find
that anything further can be required of
the printer. The work has been neatly
performed, and everything sanctioned by
usage or utility- has been furnished. After
covering the whole ground submitted to us,
we have come to the conclusion that all the
technicalities and irregularities that can be
construed against the printer are over¬
balanced by particulars in his favor. In
conclusion, we pray to be discharged from
the further consideration of the subject.
Chas. W. Boyce,
John A. Newell,
J. 1). O'connell,
J. T. Barrett.
The undersigned cannot acquiesce in the
reasoning or the conclusions of the majority
of his associates on the committee. He be-
lieves the law was not complied with, and
will submit his reasons to the Senate.
Alfred 0. Hills,
Chairman of Committee.
I cannot sign the report prepared by the
majority gf the Committee on the Investi-
gation of the Convention Printing, because
I differ with them* on one or two points
which I will verbally explain to the Senate.
R. R. Benson.
Mr.. Barrett moved a suspension of the
rules for the purpose of taking up the fore-
going report for action. Upon this motion
the yeas and nays were demanded, and be-
ing taken resulted as follows :
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Boyce, Hart, Hills, Jones, Kava-
nagh, Lawton, Mithoff, Montamat, Newell,
Nicolas, O'Connell, Purcell, Springer, Sill-
livan,Walter,Watson,Wright and Wood—22.
Nays—Messrs. Benson and Delage—2.
Consequently the rules were suspended,
and on the motion to adopt the majority re-
port and discharge the committee, the yeas
and' nays were demanded and taken as fol-
lows:
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Boyce, Delage, Gastinel, Hart, Jones,
Kavanagh, Montamat, Newell, Nicolas,
O'Connell, Purcell, Sullivan, Wright and'
Wood—18.
Nays—Messrs. Benson, Hills, Mithoff and
Walter—4.
Consequently the motion prevailed, the
report was adopted, and the committee was
discharged.
Mr. Montamat moved a reconsideration
of the foregoing vote, which motion was
laid on the table indefinitely.
By a message from the House, through
Mr. Westerfield, its clerk, the Senate was
informed that the speaker had signed the
bill entitled "An act to authorize the cor-
poration of New Orleans to build a bridge
across Canal Carondelet, opposite Galvez
street."
The same message requested the signa-
ture of the president to the joint resolution
fixing the mileage of members of the Gen-
eral Assembly.
Also, requested the concurrence of the
Senate in the House bills entitled "An act
relative to the adoption of minors," and
"An act to abolish the Black Code," and
"An act to amend article 155 of the Civil
90
JOURNAL
Code of Louisiana," and "An act relative
to attornevs-at-law."
Agreeably to previous notice, Mr. Nicolas
introduced a bill entitled "An act to change
the time of the meeting of the second ses-
sion of the first Legislature of the State of
Louisiana," which underwent its first read-
ing.
On motion of Mr. Montamat, the Commit-
tee on Banks and Banking was authorized
to have its report printed.
The Senate then took up the unfinished
business of yesterday, being the 89th article
of the Militia Bill, which was read, when
a motion was made to adjourn until 12
o'clock sr. to-morrow, which was carried
by the following vote :
Yeas—Messrs. Brownlee, Benson, De-
lage, Kavanagh, Nicolas, O'Connell, Sulli-
van, Springer, Wright and Wood—10.
Nats—Messrs. Brown, Gastinel, Hart,
Lawton, Mithoff, Newell and Walter—7.
The Senate accordingly adjourned.
Approved.
John E. Neelis,
Secretary.
Wednesday, Dec. 14, 1864.
The Senate was called to order at 12
o'clock St., pursuant to adjournment. Pros-
ent, Hon. C. W. Boyce, president -pro tem.,
in the chair, and the following members :
Messrs. Barrett, Bell, Brownlee, Brown,
Benson, Delage, Griffith, Hart, Hills, Law-
ton, Mithoff, Montamat, Purcell, Sullivan,
Springer, Walter, Watson and Wood—19.
Prayer was offered by the Rev. Mr. Chub-
buck.
The journal was read and approved.
On motion of Mr. Hills, leave of absence
was granted to Mr. Delage for a few days.
The following named members gave no-
tice that on some future day they will in-
troduce the hereinafter entitled bills :
Mr. Montamat: "An act to amend article
2653 of the Civil Code."
Mr. Watson : "An act to appoint a civil
engineer to proceed to Baton Rouge to take
possession of the State property."
Mr. Bell moved to suspend the rules for
the purpose of taking up the bill entitled
"An act for the payment of the land office
documents, bought by the provisional re-
gister thereof." On which motion the yeas
and nays were demanded, resulting as fol-
lows:
Yeas—Messrs. Bell, Griffith, Walter and
Wright—4.
Nays—Messrs. Barrett, Brownlee, Brown,
Boyce, Benson, Hart, Hills, Lawton, Mithoff,
Montamat, O'Connell, Sullivan, Springer,
Watson and Wood—15.
The motion to suspend the rules was
therefore lost.
unfinished business.
The Senate then-took up the unfinished
business of yesterday, being the bill to or-
ganize the militia.
The 89th section was read and adopted-
without amendment.
The 90th section was amended and adopt-
ed as follows : " The clerk of each company,
or other officer, prosecuting such com-
plaint, shall retain for his own use from the
forfeitures so collected, the amount of the
expenses incurred by him in prosecuting
the same, on the approval of the com-
mander of the company, and on demand
pay the remainder to the commander of the
company, regiment or corps entitled to the
benefit thereof, who shall give his receipt
therefor, and expend the same in defraying
such expenses of the company, regiment or
corps as a council of administration shall
judge necessary and proper."
The whole of the remaining sections were
adopted with only verbal amendments.
The bill was then adopted as amended, on
its second reading, as a whole.
first reading of house dills.
The Senate then took up the following
House bills, on their first reading :
An act to build a foot bridge across the
new basin canal, opposite Liberty street.
An act relative to attdrneys-at-law.
An act relative to the adoption of minors.
An act to abolish the Black Code.
An act to amend article 155 of the Civil
Code of Louisiana.
An act to provide for the promulgation,
preservation and conduct of the public re-
cords, judicial and legislative written pro-
ceedings of the State of Louisiana.
The foregoing bills all underwent their
first reading, and were placed on the calen-
dar.
Mr. Montamat moved to reject the last
named bill, which motion was lost by the
following vote:
Yeas—Messrs. Hart, Kavanagh, Lawton,
Montamat, Newell, Nicolas and Sullivan—7.
Nays—Messrs. Barrett, Brownlee, Brown,
Benson, Griffith, Hills, Mithoff, O'Connell,
Springer, Walter, Wright and Wood—12. ^
Mr. Montamat, agreeably to previous
notice, obtained leave and introduced a
joint resolution " authorizing the Governor
of the State of Louisiana to appoint a board
of members of the bar to revise and harmon-
ize the Code of IJjactice, Civil Code and,
Statutes of the State," in accordance with
the new constitution of Louisiana, of 1864.
By a message from the House, through
Mr. Westerfield, its clerk, the Senate was
informed that the House had rejected the
Senate bill entitled "An act-for the relief of
the parish of East Baton Rouge."
The same message requested the concur-
rence of the Senate in the following House
bills:
OF THE SENATE.
91
An act concerning the Masters and War-
dens of the port of New Orleans.
An act to amend the 5th section of an
"Act to establish a Board of Harbormasters
for the port of New Orleans ;" and a
Joint resolution relative to directing the
Mexican Gulf Railroad Company to go into
immediate liquidation.
The Senate took up the following bills at
their second reading, and disposed of them
as hereinafter stated:
An act to amend an act entitled "An act
relative to the General Assembly, approved
November 28, 18G4." Engrossed for its
third reading.
An act for the payment of land office
documents, bought by the provisional re-
gister thereof.
On motion of Mr. Nicolas, the Sfhate
went into Committee of the Whole, Mr.
Hart being called to the chair, for the pur-
pose of considering the foregoing bill. After
a short session the committee arose, and
through its chairman reported that the Com-
mittee of the Whole had adopted the bill
without amendment.
On motion, the report of the committee
was received, and the bill was ordered to
be engrossed for its third reading.
A joint resolution relative to adjournment
of the General Assembly. Engrossed for
its third reading.
An act for the relief of commerce and
agriculture. Referred to Judiciary Com-
mittee.
An act to change the time of the meeting
of the seconct session of the first Legislature
of the General Assembly.
Mr. Benson moved to lay the foregoing
bill on the table, which motion prevailed
by the following vote :
Yeas—Messrs. Brownlee, Brown, Benson,
Gastinel, Griffith, Hart, Hills, Mithoff, New-
ell, O'Connell, Sullivan, Springer, Walter,
Wright and Wood—15.
Nats—Messrs. Barrett, Kavanagh, Law-
ton, Montamat, Nicolas and Purcell—6.
On motion of Mr. O'Connell, the fore-
going vote was reconsidered; but after
some discussion its further consideration
was indefinitely postponed.
An act to repeal the 14th, 15th, 16th, 17th
and 18th sections of the act numbered 319,
page 411, statutes of 1855, entitled "An act
relative to elections," and in compliance
with article 7 of—the State Constitution, to
amend said act. Referred to the Judiciary
Committee.
An act relative to practitioners of medi-
cine.
On motion, the foregoing bill was taken
up section by section. The first section
having been read,
On motion of Mr. Brownlee, the section
was amended so as to apply to the parish of
Orleans, in lieu of city of New Orleans.
On motion of Mr. Benson, it was further
amended so as to apply to all the parishes
throughout the State.
The section was then adopted as amend-
ed, by the following vote :
Yeas—Messrs. Barrett, Brownlee, Brown,
Benson, Gastinel, Griffith, Kavanagh, Mit-
hoff, Montamat, Newell, Purcell, Springer,
Wright and Wood—14.
Nays—Messrs. Hart, Hills, Lawton, Nico-
las, O'Connell and Walter—6.
The second section having been read, Mr.
Hills moved to strike it out, which motion
was-lost by the following vote :
Yeas—Messrs. Barrett, Hart, Hills, Kava-
nagh, Nicolas, O'Connell, Walter and Wood
—8.
Nays—Messrs. Brownlee, Brown. Benson,
Gastinel, Griffith, Lawton, Mithoff, Monta-
■mat, Newell, Purcell, Springer and Wright'
—12.
On motion of Mr. Benson, the second sec-
tion was amended by substituting " the
State of Louisiana" for "the city of New
Orleans."
Mr. Benson further moved to amend by
striking out. the "fine and imprisonment"
imposed for a violation of this act, which
motion was lost by the following vote :
Yeas—-Messrs. Barrett, Gastinel, Hart,
Hills, Kavanagh, Nicolas, O'Connell, Wal-
ter, Wright and Wood—10.
Nays—Messrs. Brownlee, Brown, Benson^
Griffith. Lawton, Mithoff, Montamat, Newell,
Purcell and Springer—10.
There being a tie, the president voted in
the negative.
Mr. Kavanagh moved to postpone its fur-
ther consideration indefinitely, which motion
was lost by the following vote :
Yeas—Messrs. Barrett, Benson, Hart
Hills, Kavanagh, Mithoff, Nicolas, O'Con-
nell, Walter and Wright—10.
Nays—Messrs. Brownlee, Brown, Gasti-
nel, Griffith, Lawton, Montamat, Newell,
Purcell, Springer and Wood—10.
There being a tie, the president voted in
the negative.
The section was then adopted as amended.
The 3d section having been read, Mr.
Hills moved to amend so that the act should
go into effect in 1890, instead of 1865, which
was lost by the following vote to table the
amendment:
Yeas—Messrs. Brown. Brownlee, Benson,
Gastinel, Griffith, Hart, Lawton, Montamat,
Purcell, Sullivan, Springer, Wright, Wood
—13.
Nays—Messrs. Barrett, Hills, Mithoff,
Newell, Nicolas, O'Connell, Walter—7.
Mr. Gastinel moved to amend the section
so that this act shall take effect only after it
shall have been published in at least five
daily papers during thirty days, which
amendment was laid on the table by the
following vote:
92
JOURNAL
Ykas—Messrs. Barrett. Brownlee, Brown,
Benson, Griffith, Hart, Hills, Lawton, Mit-
hoff, Montamat, Newell, Purcell, Springer,
Wright—14.
Nays—Messrs. Gastinel, Nicolas, O'Con-
nell, Sullivan, Walter, Wood—6.
. The section was then adopted without
amendment.
Mr. O'Connell moved to strike out the
enacting clause of the bill, which motion
was tabled by the following vote :
Yeas—Messrs. Brownlee, Brown, G-asti-
nel, Lawton, Montamat, Newell, Purcell,
Sullivan, Springer, Walter, Wright and
Wood—12.
Nays—Messrs, Barrett, Benson, Griffith,
Hart, Hills, Mithoff, O'Connell, Kavanagh,
Nicolas—9.
Mr. Hills moved to adjoui-n until 12
o'clock si. to-morrow, on which motion the
yeas and nays were demanded and resulted
as follows:
Yeas—Messrs. Barrett, Brownlee, Benson,
Griffith, Hills, Kavanagh, Mithoff, Newell,
Nicolas, O'Connell, Sullivan, Springer,
Wright and Wood—1-1.
Nays—Messrs. Brown, Gastinel, Hart,
Lawton, Montamat and Walter—C.
The Senate accordingly adjourned.
Approved.
John B. Neelis,
Secretary.
Thursday, Dec. 15, 1864-
The Senate met at 12 o'clock ji., pursu-
ant to adjournment.
Present—Hon. C. W. Boyce, president
pro iem., in the chair, and the following
members, viz: Messrs. Barrett, Bell,
Brownlee, Baum, Benson, Gastinel, Griffith,
Hart, Hills, Jones, Lawton, Mithoff, Newell,
Nicolas, Purcell, O'Connell, Springer, Wal-
ter, Watson, Wright, Wood—21.
Prayer was offered by Rev. Dr. Gilbert.
The journal of yesterday was read and
approved. *
The bill entitled "An act relative to
Practitioners of Medicine," was taken up
tis the unfinished business of yesterday, and
on motion, fifty copies were ordered to be
printed and the bill was made the order of
the day for Tuesday next, the 20th inst.
fhist reading of house bills.
The following bills of the House under-
went their first reading-:
An act to amend the 5th section of an act
to establish a Board of Harbor Masters for
the port of New Orleans.
An act concerning the Masters and Ward-
ens of the port of New Orleans.
Joint resolution directing the Mexican
Gulf Railroad Company to go into immedi-
ate liquidation.
second reading.
The following entitled bills were taken
up on their second reading and disposed of
as hereinafter stated:
sAn act in relation to levees and roads,
made the order of the day for Friday next.
Joint resolution authorizing the governor
of the State of Louisiana to appoint a
Board of Members of the Bar, to revise and
harmonize the Civil Code, Code of Practice,
and Statutes of the State, in accordance
with the new constitution of Louisiana, of
1864. Referred to the Judiciary Commit-
tee.
An act to provide for the promulgation,
preservation and conduct of public records,
judicial and legislative written proceedings
of ihe State of Louisiana. Referred to the
Jucuciary Committee.
An act to amend article 155 of the Civil
Code of Louisiana. Referred to the Judi-
ciary Committee.
An act to abolish the Black Code of
Louisiana. Referred to the Judiciary Com-
mittee.
An act relative to the adoption of minors.
Referred to Judiciary Committee.
An act to authorize the city corporation
of New Orleans to build a bridge across
the new basin canal at Liberty street. Re-
ferred to Committee on Internal Improve-
ments.
An act relative to attorneys at law. Re-
ferred to the Judiciary Committee.
printing.
The Senate then took up the bill to de-
fine the duties and compensation of the
state printer, which was ordered to be read
and acted on section by section.
The first section having been read, Mr.
Mithoff moved to amend by adding the fol-
lowing proviso :
Provided, That the first term of the state
printer shall expire as though his election
had taken place in January, 1864.
The amendment was tabled by the fol-
lowing vote :
Yeas—Messrs. Barrett, Bell, Gastinel,
Griffith, Jones, Kavanagh, Montamat, New-
ell, Nicolas, O'Connell, Springer, Wood—12.
Nays — Messrs. Brown, Benson. Slills,
Lara, Lawton, Mithoff, Walter, Watson,
Wood—9.
Sections 1, 2 and 3 were each severally
read and adopted without amendment.
The 4th section was adopted by the fol-
lowing vote:
Yeas—-Messrs. Barrett, Bell, Brown,
Benson, Gastinel, Griffith, Hart, Hills,
Jones, Kavanagh, Mithoff, Montamat, New-
ell. Nicolas, O'Connell, Springer, Walter,
Wright, Wood—19.
Nays—Messrs. Lai a and Lawton—2.
The 5th, 6th, 8th and 9th sections were
adopted without amendment, as was also
OF THE
SENATE.
93
the 7th section, upon which the yeas and
nays were demanded as follows :
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Benson, Gastinel, Griffith, Hart,
Kavanagh, Montamat, Newell, Nicolas, Pur-
cell. O'Connell, Springer, Walter, Wright,
Wood—18.
Nats—Messrs. Hills, Lara, Lawton Mit-
hoff—4.
Section 10 having been read, on motion
of Mr. Montamat, the 5th line was amended
so as to require the laws to be published in
the French as well as the English language.
A motion was made to table the amend-
ment, and lost by the following vote :
Yeas—Messrs. Brown, Benson, Griffith,
Lara, Mithoff, Walter, Wright, Wood—9.
Nats—Messrs. Barrett, Bell, Brownlee,
Gastinel, Hart, Jones, Kavanagh Lawton,
Montamat, Newell, Nicolas, Purcell, O'Con-
Hell, Springer—14.
The amendment was then adopted by the
following vote: -
Yeas — Messrs. Barrett, Bell, Gastinel,
Hart, Jones, Kavanagh, Lawton, Montamat,
Newell, Nicolas, Purcell, O'Connell, Spring-
er—13.
Nats—Messrs. Brownlee, Brown, Benson,
Griffith, Hills, Lara, Mithoff, Walter, Wat-
son, Wright, Woo^—11.
Mr. Benson moved to amend in line 11 so'
as to require the acts and joint resolutions
to be bound in "sheep" instead of "law
binding." The amendment was tabled by
the following vote:
Yeas—Messrs. Barrett, Brownlee, Gasti-
nel, Griffith, Hart, Jones, Kavanagh, Monta-
mat, Newell, Nicolas, Purcell, O'Connell,
Springer, Watson, Wright—15.
Nats—Messrs. Bell, Brown, Benson, Hills,
Lara, Lawton, Mithoff, Walter, Wood—9.
Mr. Lara moved to adjourn, which was
lost by the following vote :
Yeas—Messrs. Benson, Lara, Watson—3.
Nats—Messrs. Barrett, Bell, Brownlee,
Brown, Gastinel, Griffith, Hart, Hills, Jones,
Kavanagh, Lawton, Mithoff, Montamat,
Newell, Nicolas, Purcell, O'Connell, Spring-
er, Walter, Wright, Wood—21.
Mr. Gastinel moved to substiUte in line
12, tljp words " $10 " in lieu of " $12 50."
The amendment^was tabled by the follow-
ing vote:
Yeas— Messrs. Barrett, Bell, Brown,
Griffith, Hart, Hills, Kavanagh, Mithoff,
Montamat, Newell, Nicolas, Purcell, O'Con-
nell, Springer, Walter, Wright, Wood—17.
Nats—Messrs. Benson, Gastinel, Jones,
Lara, Lawton, Watson—6.
Mr. Hills moved to amend by inserting
" $20 " in lieu of " $12 50." The amend-
ment was tabled by the following vote :
Yeas—Messrs. Brown, Gastinel, Jones,
Lara, Lawton, Mithoff, Montamat, Newell,
O'Connell, Walter, Watson, Wright—12.
Nats — Messrs. Barrett, Bell, Benson,
Griffith, Hart, Hills, Kavanagh, Nicolas,
Purcell, Springer, Wood—11.
On motion of Mr. Montamat, the line was
amended by substituting " $15 " for
" $12 50."
On motion of Mr. Barrett, the section
was further amended so as to require the
acts to be bound in leather instead' of " law
binding."
On motion of Mr. O'Connell, the section
was further amended by striking out all in
the 31st line* after the word " side " to the
word "for," in the 33d line.
The section was then adopted as amended.
Mr. Lara moved to adjourh; which motion
was lost by the following vote :
Yeas—Messrs. Jones, Lara, Mithoff and
Watson—4.
Nats—Messrs. Barrett, Bell, Brownlee,
Brown, Gastinel, Griffith, Hart, Hills, Kav-
anagh, Lawton, Montamat, Newell, Nicolas,
O'Connell, Purcell, Springer, Walter, Wood
and Wright—19.
Sections 11,12 and 1-3 were adopted with-
out amendment.
Mr. Watson moved to adjourn. Lost by
the following vote:
Yeas—Messrs. Jones, Lara, Mithoff and
Watson—4..
Nats—Messrs. Barrett, Bell, Brownlee,
Brown, Gastinel, Griffith, Hart, Hills, Kav-
anagh, Lawton, Montamat, Newell, Nicolas,
O'Connell, Purcell, Springer, Walter, Wood
and Wright—19.
The bill was then adopted as a whole,
and ordered to be engrossed.
Mr. Montamat moved a suspension of the
rules for the purpose of passing the bill, on
which motion the yeas and nays were de-
manded and taken as follows :
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Griffith, Hills, Jones, Kavanagh,
Montamat, Newell, Nicolas, O'Connell, Pur-
cell, Springer, Wright and Wood—16.
Nats—Messrs. Gastinel, Hart, Lara, Law-
ton, Mithoff, Walter, and Watson—7.
The constitutional number not voting for „
the suspension of the *ules, the motion was -
lost.
Mr. Montamat obtained leave to intro-
duee "An act to amend article 2663 of the
Civil Code," which underwent its first read-
ing-
THIRD READING.
The following bills passed their third and
final reading:
An act to amend an act relative to the
General Assembly, approved November 28,
1864.
An act for the payment of land office
documents, bought by the provisional re-
gister thereof.
An act relative to justices of the peace
for the parish of Orleans.
The joint resolution relative to establish-
94
JOURNAL
ing a pension agent, was committed to the
Committee on Federal Relations.
The joint resolution relative to adjourn-
ment was, on motion, committed to the
Committee on Judiciary.
Mr. Watson moved to adjourn, on which
motion the yeas and nays were demanded,
and being taken, resulted as follows :
Yeas—Messrs. Brownlee, Griffith, Hart,
Hills, Kavanagh, Lara, Mithoff, Nicolas,
Purcell, Watson and Wright—11.
Nays—Messrs. Barrett, Brown, Gastinel,
Hart, Lawton, Montamat, Newell, Springer,
Walter and Wood—10.
The president voting in the negative
caused a tie, whereby, under the rules, the
motion was lost.
By a message from the House, through
Mr. Westerfield, its clerk, the concurrence
of the Senate was requested in the House
bill to authorize the issuing of State treas-
ury notes.
Mr. Hills moved to adjourn, on which the
yeas and nays were demanded and taken, as
follows:
Yeas—Messrs. Barrett, Brownlee, Griffith,
Hills, Jones, Lara, Mithoff, Newell, Nicolas,
Purcell, Springer and Watson—12.
Nays—Messrs. Brown, Gastinel, Hart,
Kavanagh, Lawton, O'Connell, Walter and
Wood—8.
The Senate consequently adjourned until
12 o'clock m. to-morrow.
Approved.
John E. Neelis,
Secretary.
Friday, Dec! 16, 18G4.
The Senate was called to order at 12
o'clock m., pursuant to adjournment, Hon.
C. W. Boyee, president pro tern., in the chair,
and the following members present:
Messrs. Barrett, Brownlee, Brown, Ben-
son, Gastinel, Griffith, Hart, Hills, Jones,
Kavanagh, Lara, Lawton, Mithoff, Monta-
mat, Newell, Nicolas, O'Connell, Purcell,
Walter, Watson, Wright and Wood—22.
Prayer was offered by Rev. Father Mur-
phy.
The journal of yesterday was read and
approved.
Mr. Hills moved the suspension of the rules
for the purpose of recommitting the "Act to
define and fix the duties and compensation
of the state printer," but after some expla-.
nation he withdrew his motion, which was
renewed by Mr. Gastinel, upon which the
yeas and nays were demanded and taken,
as follows:
Yeas—Messrs. Barrett, Bell, Brown, Gas-
tinel, Griffith, Hart, Hills, Jones, Lawton,
Mithoff, Newell, O'Connell, Purcell, Sulli-
van, Walter and Watson—16.
Nays—Messrs. Brownlee, Benson, Kava-
nagh, Lara, Montamat, Nicolas, Springer,
Wright and Wood—9.
Two-thirds not voting in favor of the mo-
tion, it was lost.
Mr. Gastinel moved to adjourn. Lost, by
the following vote:
Yeas—Messrs. Benson, Gastinel and Wat-
son—3.
Nays—Messrs. Barrett, Bell, Brownlee,
Brown, Griffith, Hart, Hills, Jones, Kava-
nagh, Lara, Lawton, Mithoff, Montamat,
Newell, Nicolas, O'Connell, Purcell, Sulli-
van, Springer,Walter,Wright and Wood—22.
Mr. Nicolas reported, as correctly en-
rolled, "An act for the relief of the Lou-
isiana Institution for the Deaf, Dumb and
Blind,' and subsequently the same member
reported that the foregoing bill had been
submitted to the governor.
Mr. Montamat presented the following,
which was rejected :
Resolved, That hereafter the official printer
is hereby authorized and required to pub-
lish daily, in the official paper, (in the
morning edition only,) the official minutes
of the Senate, the same to be printed in the
same manner in which the minutes of the
House of Representatives ate printed.
Mr. Hills presented the following joint
resolution, which was reaiand laid over :
Re it resolved by the Senate and Ilouse of
Representatives of the State of Louisiana, in
General Assembly convened, That the General
Assembly shall stand adjourned sine die on
Saturday, the 24th inst.
On motion of Mr. Jones, the bill relative
to a " mechanics' lien law," was recommit-
ted to the Committee on Judiciary.
By a message from the House, through
Mr. Westerfield, its clerk, the Senate was
informed that the speaker had signed the
Senate bill "for the relief of the Institution
for the Deaf, Dumb and Blind."
Mr.Watson presented the following,which
was rejected at its first reading :
Resolved by the Senate and Ilouse of Repre-
sentatives of the State of Louisiana, in General
Assembly convened, That the governor be,
and he is hereby authorized to appoint a
civil engineer, to proceed from this city to
Baton Rouge, to collect and take inta his
possession, for the use of the State, all
property belonging thereto, and to cause
the same to be placed in a place of safety,
and report thereon to the governor.
- Resolved, further, That the said engineer
shall have power to demand from each and
every person, properties in their possession,
belonging to the State ; and in case of re-
fusal to deliver over the same, said engineer
shall cause suit to be instituted for the re-
covery of the same.
Resolved, further, That the sum of
dollars per day be allowed to said engineer,
to be paid out of the treasury of the State,
on his warrant, for such service, provided,
OF THE
SENATE.
95
the time by him employed shall not exceed
<— days.
first reading of house bills.
The House bill entitled "An act author-
izing the issuing of State treasury notes,"
underwent its first reading.
second reading.
The hereinafter entitled bills were taken
up on their second reading, and disposed of
as follows :
An act to amend the 5th section of an act
to establish a Board of Harbormasters for
the port of New Orleans : and
An act concerning the Master and War-
dens of the port of New Orleans, were re-
ferred to the Committee on Commerce and
Manufactures.
Joint resolution, directing the Mexican
Gulf Railroad Company to go into iinrne-
diate liquidation. Referred to the Commit-
tee on Internal Improvements.
An act to amend article 2653 of the Civil
Code of the State of Louisiana. Referred
to the Judiciary Committee.
Mr. Montamat called up the bill relative
to "crimes and offences," the consideration
of which was indefinitely postponed, on the
motion of Mr. Hills.
The bill " to define and fix'the duties and
compensation of the state printer" was, on
motion of Mr- Lawton, recomitted, at its,
third reading, to a special committee of five
members, with instructions to report by
Tuesday next. The president appointed,
on said committee, Messrs. Lawton, Mithoff,
Gastinel, Lara and Kavanagh.
The bill entitled "An act relative to
levees and roads," was referred to the Com-
mittee on Internal Improvements.
The bill " To organize the militia of the
State," was taken up on its third reading.
Mr. Kavanagh moved to commit the bill
to the Committee on Militia, on which mo-
tion the yeas and nays were taken, as fol-
lows :
Yeas—Messrs. Bell, Brownlee, Brown,
Benson, Gastinel, Griffith. Jones, Kavanagh,
Lawton, Montamat, MithoT, Sullivan and
Walter—13.
Nays—Messrs. Barrett, Hart, Hills, New-
ell, Purcell, Springer and Wood—7.
The bill was consequently committed.
Mr. Brownlee moved to adjourn until
Monday, which motion was lost by the fol-
lowing vote:
Yeas—Messrs. Brownlee, Hart, Mithoff,
Purcell and Sullivan—5.
Nays—Messrs. Barrett, Bell, Brown, Ben-
son, Gastinel, Griffith, Hills, Jones, Kava-
nagh, Lawton, Montamat, Newell, Springer,
Walter and Wood—15.
The Senate then adjourned until 12
o'clock m. to-morrow.
Approved.
John E. Neelis,
Secretary.
Saturday, Dec. 17, 1864.
The Senate was called to order at 12
o'clock m., pursuant to adjournment. Pres
ent, Hon. C. W. Boyce, president pro tem.,
in the chair, and the following members :
Messrs. Barrett, Brown, Benson, Gastinel,
Griffith, Hart, Hills, Jones, Lara, Lawton,
Mithoff, Montamat, Newell, Nicolas, O'Con-
nell, Purcell, Springer, Watson, Walter,
Wright and Wood—21.
Prayer was offered by Rev. Mr. Seymour.
The journal of yesterday was read and
approved.
Mr. Gastinel, on„behalf of the Judiciary
Committee, reported, as hereinafter stated,
on the following :
Joint resolution relative to adjournment
of the General Assembly. Favorably, with
amendment.
Joint resolution, authorizing the governor
to appoint a board of members of the bar,
to revise and harmonize the Code of Prac-
tiee, Civil Code, and statutes of the State,
in accordance with the constitution of Lou-
isiana, of 1864. Favorably.
An act relative to adoption of minors.
Unfavorably.
An. act for the relief of commerce and
agriculture. Unfavorably.
Mr. Montamat, on behalf of the Finance
Committee, submitted the following report,
which was received, adopted, and'ordered
to be spread on the minutes :
96
JOURNAL
To the honorable president and members of the benale:
Gentlemen—Your committee beg leave to submit the following General Report of
the Finance Committee of the Senate of warrants drawn from Oct. 3 to Dec. 17, for the
payment of the per diem of members, salaries of officers and employes, contingent
expenses, also for mileage of members :
Oct. 20,
AVarrant No.
i,
$4,967 00
29,
do
2,
720 00
2!),
do
8,
618 00
29,
do
4,
576 00
29,
do
5,
965 00
29,
do
<5,
198 00
Nov. 5,
do
7,
1,784 00
5,
do
8,
772 00
5,
do
y,
2,028 94
12,
do
in,
1 456 00
32,
do
11.
898 00
12,
do
12,
192 00
Dec. 3,
do
13,
1,448 00
3,
do
15,
1,400 00
3,
do
IS,
1,528 00
3,
do
14,
1,023 00
3,
do
16,
938 00
3.
do
19,
882 00
Nov 26,
do
17,
2,269 70
Dec. 10
do
20,
1, 456 (0
30,
do
21,
882 00
8,
do
22,
146 On
8.
do
23,
146 00
8.
do
24,
121 10
8,
do
25,
121 20
do
26,
160 00
10,
do
27,
112 00
12,
do
2S,
679 15
12,
do
29,
24 00
12,
do
30,
46 411
12,
do
31,
66 40
12,
do
32,
111 00
12,
do
33.
40 00
12,
do
34,
26 On
12,
do
35,
4S 00
12,
do
36,
54 00
12,
do
37.
45 60
12.
do
38,
64 0'
12,
do
39,
94 OH
12,
do
40,
4'i (0
12,
do
41,
45 60
17.
do
42,
1,450 00
17.
do
43,
882 00
17,
do
44,
112 00
Per diem of members and sa'aries of
officers and employees from Oct. 3 to
Oct. 20, IS days
Per diem &c. from Oct. 21 to Oct. 29,
9 days
Per diem of members from Oct 3t) to
Nov. 5, 7 days
Salaries of officers and employees
To J. P. AVood. sergeant-at-arms. for
contingent expenses
Per diem of members and sa'aries of
officers and emp'oyqes from N ov. 6
to Nov. 12, 7 days
Peroiem of members from Nov. 13 to
Dec. 3, 21 days
salaries of officers and employees
To J. F. AVood, scrgeant-at-arms ffir
contingent expenses
Per diem (f members from Dec. 4 to
Dec 10. 7 days
Sa'aries of officers ant employees
Mileage of the Hon. C. AAA Bovce
do . lion John Newell
do * Hon. Z. Griffiths
do Hon. John AArright
do Hon. A. AVood
Per diem of the Hon. C. AV. Boyce
from Dec. 4 to Dec. 10. 7 days
To J. P. Wood, sergeant-at-arms, for
contingent expenses
Mileage of the Hon. John Brownlee...
do Hon. AV. Brown
do-.. , Hon. R. R. Benson ....
do r lion. R. B. Jones
.' ' do- Hon. Marcellus Lara...
do lion. AV. II. Lawton...
do Hon. Jos, Nicholas
do Hon. J. D. O'Connel'...'
do II n. Chas. Smith
di Hon. John Springer....
do Hon. H. AV. AVats n...
do Hon. A fredDelage
do Hon. John P. AA"alter.
Per diem of members from Dec. 11 to
Dec 17, 7 days
Salaries of officers and employees....;.
Per diem of the Hon. C. AV. Boyce...
S3
c-2
$3,711
2, OSS
1.7S-1
1,456
4,376
1,456
1,456
""112
$16,531
$1,223
1,019
1,09:
$2,028 94
2,8)3
$8,711' $4,977 79
Members' per diem $16.584 00
Officers' and employees' salaries 8,711 00
Contingent expenses : 4,977 79
Mi eage of members 1 402 40
Total $31,675 19
All of which is respectfully submitted.
(Signed) John P. Montamat,
Ch'man Finance Committee.
R. R. Benson,
John Sullivan.
OF THE SENATE.
97
Mr. Hills, on behalf of the Committee on
Militia, reported back, without amendment,
the bill entitled " An act to organize the
militia of the State," which had been re-
committed on its third reading, and recom-
mended its final passage.
On motion, the report was received.
On motion of Mr. O'Connell, Mr. Bell's
absence was excused on account of illness.
On motion of Mr. Hills, the president
pro tern, was excused from serving on the
Committee on Auditing and Supervising the
Expenses of the Senate.
Mr. Gastinel moved that a committee of
three be appointed, to wait on the auditor
of. public accounts, and ^certain what
name to be placed on the Committee on
Auditing and Supervising the Expenses of
the Senate, will be agreeable to that func •
tionary.
Th's motion was laid on the table", by the
following vote:
Yeas—Messrs. Barrett, Brown, Benson,
Griffith, Hart, Hills, Jones, Lara Lawton,
MithofF, Newell, Nicolas. O'Connell, Purcell,
Springer, Walter and Wright—17.
Nays—Messrs. Gastinel, Montamat, Wat-
son and Wood—4.
Mr. Purcell was appointed a member of
said committee, in place of Mr. Boyce.
Mr. Hills 'withdrew his joint resolution
relative to' adjournment, which was pre-
sented yesterday.
second^ reading. _
The bill to authorize the issuing of State
treasury notes was taken up, on its second
reading, section by section.
The first section was adopted, by the fol-
lowing vote:
Yeas—Messrs. Barrett, Brown, Benson,
Gastinel, Griffith, Hart, Lara, Montamat,
Newell-, Nicolas, Wiight and Wood—12.
Nays—Messrs. Hills, Lawton, MithofF,
O'Connell, Purcell. Springer and Walter—7.
The second section was then adopted, by
the following vote:
Yeas—Messrs. Brown, Benson, Gastinel,
Griffith, Hart, Montamat, Newell, Nicolas,
Wright and Wood—10
Nays—Messrs. Barrett, Hills, Lara, Law-
ton, MithofF, O'Connell, Purcell, Springer
and Walter—9. ' .
The third section was lost by the follow-
ing vote, on a motion to a'dopt:
Yeas—Messrs. Brovn, Gastinel, Griffith,
Hart, Montamat, Newell, Nicolas, Wright
and Wood—9.
Nays—Messrs. Barrett, Benson, Hills,
Lara, Lawton, MithofF, O'Connell, Purcell,
Springer and Walter—10.
Mr. Montamat moved to adjourn, which
motion was lost by the following vote :
Yeas—Messrs. Brown, Benson. Griffith,
Hart, MithofF, Montamat, Nicolas, Wright
and Wood—9.
Nays—Messrs. Barrett, Gastinel, Hills,
a7
Lara, Lawton, Neweli, O'Connell, Purcell,
Springer and Walter—10.
The bill authorizing the issuing of treas-
ury notes was then, on motion, ordered to
be printed, and made the order of the day
for Monday next, 19th iust.
The Senate then adjourned until Monday,
at 12 o'clock m.
Approved. John E. Neelis,
Secretary.
I Monday, Dec. 19, 1864.
i The Senate was called to order at 12
| o'clock m., pursuant to adjournment.
Present—Plon. C. W. Boyce, president
i pro tern., in the chair, and the following
i members Messrs. Barrett, Bell. Brownlee,
I Benson, Delage, Gastinel, Griffith, Hart,
j Hills, Jones, Kavanagh, Lara, Lawton, Mit-
I ho'ff, Nicolas, O'Connell, Purcell, Springer,
j Walter, Wright and Wood—21.
i The proceedings were opened with prayer
I by Rev.Dr. Newman,
i The journal of Saturday was read and
I approved.
i Mr. Ilills presented a memorial of Mrs.
i Ann Gordon and-Alexander Gordon Bake-
I well, remonstrating against legislative in-
j terference in the liquidation of the Mexican
I Gulf Railroad Company, which was read
i and referred to the Committee on Internal
j Improvements.
j Mr. Sullivan presented the following reso-
I lutions, which were adopted nem con.:
j Resolved, That the members of the Senate
j do now proceed to draw lots for the long
I and short term, as follows :
| The parish of Orleans having nine sena-
j tors—five from the upper and four from the
i lower Districts—shall draw lots in the fol-
j lowing manner, to-wit:
j The First Senatorial District of the city
j having five senators, five tickets shall be
i placed in a hat, to be covered with a hand-
j kerchief. Three of the tickets will have
j written on them, "long term;" the two
j other tickets will have written on them,,
I " short term." The senators who draw the
i tickets for the long term; shall be declared
j elected for the long term ; and the senators
j who draw tickets for the short term, will
be declared elected for the short term.
The Second Senatorial District of this
i city having four senators, four tickets shall
be placed in a hat. Two tickets shall have
written on them, " long term; " the other
two will have written on them, "short term."
The senators who draw tickets with the long
and short term, shall be declared elected
for the long and short term, the same as
provided for in the First Senatorial District
of the city.
The Senatorial District composed of
the parishes of Ascension, Assumption and
Terrebonne, having two senators, they shall
03
JOURNAL
draw lots, in the same manner as above
stated. The senator whenlraws the ticket
marked long term, shall be declared elected
for the long term : and the senator drawing
the ticket for the short term, shall be de-
clared elected for the short term.
The Senatorial District composed of the
parishes of St. Landry, Lafayette and Cal-
casieu, having two senators, they shall draw
in the same manner, and with the same re-
suit, as above stated.
The Senatorial District composed of the
parishes of St. Martin and Vermillion, hav-
ing one senator, and the Senatorial District
of the parish of St. Mary having one senator,
those two senators shall draw for the long
and short teiin, as above provided.
The Senatorial District composed of the
parishes of Rapides and Avoyelles, having
two senators, shall draw as above provided.
The Senatorial District composed of the
parishes of Iberville and East. Baton Rouge,
having two senators, shall draw as above
provided.
The Senatorial District composed of the
parishes of Caddo, Do Soto and Natcliito-
ehes, having one senator, and the Sena-
torial District of East Feliciana, having one
senator present, those two senators shall
draw as above specified.
The Senatorial District composed of the
parish of Jefferson, having one senator, and
the Senatorial District of the parishes of
St. Bernard and Plaquemines, having one
senator, those two senators shall draw in
like manner as above provided.
The Senatorial District composed of the
parishes of St. John the Baptist and St. James,
having one senator, and the Senatorial Dis-
trict composed of the parishes of St. Charles
and Lafourche, one senator, those two sen-
ator8 shall draw, as above provided.
The Senatorial District composed of the
parishes of Concordia and Tensas, having
one senator, and the Senatorial District of
the parishes of West Baton Rouge, Point
Coupee and West Feliciana, having one
senator, those two senators shall draw for
the long and short term, as heretofore
provided for. John Sullivan.
In accordance with the foregoing resolu-■
tions, the senators proceeded to draw lots
for the long and short terms. The secretary
and assistant secretary were appointed as
tellers. The tickets being prepared and
placed in a hat, the following members
drew the long term, viz :A " v
Messrs. Purcell, Sullivan. Bell. Montamat,
Kavanagb, Lara, Wright, Benson, Newell,
Brown, Wood. Brownlee. Nicolas and Jones
—14. . i
The following members drew the short
term, viz :
Messrs. Barrett, Hills, Ilar't, Gastinel,
Delage, Griffith. Walter, Boyce, O'Conneil,
/Springer, Mithoff, Lawton and Watson—13.
On motion, Mr. Watson was excused for
his absence to-day.
Mr. Nicolas presented a copy of the reso-
lutions of the Police Jury of the parish of
St. Charles, in relation to the levees in the
parish of St. Charles, which were received,
and leiened to the Committee on Parochial
Affairs.
second reading.
An act for the relief of commerce and
agriculture. This bill was indefinitely post-
poned.
Joint resolution relative to adjournment-.
The yeas and nays were demanded on
adopting the favorable report of the com-
mittee, and r^gulted as follows :
Yeas—Messrs. Barrett, Bell, Brown, Ben-
son, Boyce, Hart, Hills, Lara, Montamat,.
Mitlioff, Nicolas, Purcell, Sullivan and Wal-
ter—14.
Nats—Messrs. Griffith, Newell, Springer,
Wright and Wood—5.
Consequently the report was adopted.
Joint resolution authorizing the governor
to appoint a board of members of the bar,
to revise and harmonize the Code of Prac-
tree, Civil Code, and statutes of the State,
in accordance with the constitution of 1864.
The blank in said joint resolution was-
filled with ten thousand dollars, by the fol-
lowing vote:
Yeas—Messrs. Bell, Brown, Boyce, Grif-
fith, Hart, Hills, Mithoff, Montamat, Newell,
Nicolas, Springer and Wood—12.
Nats—Messrs. Barrett, Benson, Lara,
Purcell, Sullivan, Walter and Wright—7.
An act relative to the adoption of minors.
The unfavorable report on this bill was
adopted.
Mr. Lawton, on behalf of the Special
Committee to which had been recommitted
the bill No. 26, to define and fix the duties
and compensation of state printer, submit-
ted the following report, and accompanying
their report with a bill, which was ordered
to be printed, and made the order of the
day for 1 o'clock r. m. to morrow:
To the honorable presiderd and members of
the Senate:
Gentlemen—Your committee, to whom
was referred "An act entitled an act to-
define the duties and fix the compensation
of the state printer,''' beg leave to report,
that they have examined all the bills previ-
ously reported, and, also, all the laws on
this subject, and taken in consideration the
advance in the prices of paper and wages,
at the present time. Your committee con-
sidered that it was doing justice to the State
in reporting the following bill, hoping it
will be acceptable to the Senate.
Respectfully submitted,
(Signed) W. H. Laavton, Cbm'n,
L. Gastinel,
W. Mitiioff,
M. Lara.
OP THE SENATE.
The Senate then adjourned until to-mor-
row, at 12 o'clock m.
Approved.
John E. Neelis,
Secretary.
Tuesday, Dec. 20, 1864.
The Senate was called to order at 12
o'clock m., pursuant to adjournment.
Present—Hon. C. W. Boyce, president
pro tem., in the chair, and the following
members:
Messrs. Barrett, Bell, Brownlee, Brown,
Benson, Delage, Gastinel, Griffith, Hart,
Hills, Kavanagh, Lara, Lawton, Montamat,
Mithoff, Newell, Nicolas, O'Connell, Purcell,
Sullivan, Springer, Walter, Watson, Wright
"and Wood—25.
The proceedings were opened with prayer
by Rev. Mr. Strong.
The journal of yesterday was read and
approved.
Mr. Hills, on behalf of the Committee on
Public Education, submitted "An act to
organize the free public schools of the
State," which was read the first time, and
50 copies ordered to be printed.
Mr. Kavanagh, on behalf of the Commit-
tee on Yisiting the Penitentiary, submitted
the following report: '
To the honorable gentlemen of the Senate of
Louisiana:
Your Committee on Yisiting the Peniten-
tiary, beg leave to submit the following
report:
There are at present in the State Peniten-
tiary, some twenty-three prisoners, serving
out various term's of imprisonment. Five
of that number are of those transferred from
the State Building, in Baton Rouge, two and
a half years ago, all of whom are in for
life, on charges of murder.
There,are eighteen others in for various
crimes, their terms ranging from one to ten
years.
All the prisoners concur in the statement
that their allowances of food are insufficient,
they receiving 12 ounces of bread and one
cup of coffee, each, in the morning, and one
pound of beef and bone, and a substitute
for soup, at 11J o'clock, with no further
allowance of bread.
In the opinion of your committee, this
allowance is insufficient for the proper sup-
port of life, and recommend, an increase of
rations. Your committee1 valso believe that
the covering of the prisoners is insufficient,
they being allowed but one very thin blan-
ket, each, to lie on .the cold, naked floors of
their cells, no-beds being allowed therr.
Your committee are of the opinion that
humanity demandsthese unfortunate
beings should be hot made to suffer un-
necessarily, but that their sad lot should be
made as comfortable as possible.
Your committee consider that the build-
ing known as the Parish Prison, in wbse&
the Penitentiary is temporarily locate*!,
being old and decayed, is altogether in-
adequate for the safe-keeping ©f criminals,
for it is liable to tumble down- at any me-
ment. The prison yards and cells are kepi
in excellent order, considering the age cf
the building, and reflect great credit on the
officers in charge.
All of which is respectfully submitted.
M. D. Kavanagh,
Wm. Brown,
J. D. 0'Connect,.
"On motion, the foregoing report was r*y-
ceived : and
Mr. O'Connell gave notice of his intentions
to introduce a.joint resolution, requesting1
his excellency the governor to reprieve
certain State prisoners. •
Mr. Nicolas, on behalf of the Committer
on State Constitution, reported a bill en-
titled "An act to vest in the judicial Bis-
trict Courts throughout the State,, and m
the Court of the First District of the city
New Orleans, the trial, punishment and re*-
moval from office, by indictment or other-
wise, of all the officers therein mentioned.'7.
Underwent its first reading.
The Senate took up the special order of
the day, being "An act relative to practi-
tioners of medicine." ...
Mr. Hills moved its indefinite postpone-
ment, which motion was lost by the follow-
ing vote:
Yeas—Messrs. Barrett. Delage, Gastinel,
Hart, Hills, Kavanagh, Nicolos, O'Connell,
Walter and Watson—10.
Nays—Messrs. Bell, Brownlee, Brow®,
Benson, Griffith, Lara, Lawton, Montamat,
Mithoff, Newell, Purcell, Sullivan, Springer,
Wright apd Wood—15.
Mr. Gastinel moved to strike out the ea-
acting clause, which motion was lost by th®
following vote :
Yeas—Messrs. Bell, Brownlee, Bensca?,
Griffith, Lawton, Mithoff, Montamat, Newell,
Purcell, Sullivan, Springer. Wright and
Wood—13.
Nays—Messrs. Barrett, Brown, Delage,
Gastinel, Hart, Hills, Jones, Kavanagh,
Lara, Nicolas, O'Connell, .Walter and Wat-
son—13.
There being a tie. the president voted m
the negative.
The yeas and nays were then demanded
on the adoption of Mr. Hills' motion to sub-
stitute the word " any " for the word "no,"
in the first section, resulting as follows r
Yeas—Messrs. Barrett, Delage, Gastinel,
Hart, Hills, Kavanagh, Lara, Nicolas, Wat-
son and Walter—10.
Nays—Messrs. Bell, Brownlee, Brown,
Benson, Griffith, Lawton, Mithoff, Monta-
mat, Newell, O'Connell, Purcell, Sullivan..
Springer, Wright and Wood—15.
100
JOURNAL
Tlie first section was then adopted with-
out amendment, by the following' vote :
Yeas—Messrs. Bell, lirownlee, Brown,
Benson, Griffith, Lawton, Mithoff, Monta-
mat, Newell, Furcell, Sullivan, Springer,
Wright and Wood—14.
Nays—Messrs. Barrett Deluge, Gastinel,
Hart, Hills,.Jones, Kavanagh,.Lara, Nicolas,
O'Gonnell, Walter and Watson—12.
Mr. Gastinel offered an amendment to the
second section, which amendment was ruled
oat of order, by the president, from whose
decision Mr. Gastinel appealed. The de-
eision of the chair was sustained, by the
following vote :
Yeas—Messrs. Bell, Brownlee. Griffith,
Hills, Kavanagh, Lara, Lawton* Montamat,
Nicolas, Purcell, Springer, Walter, Wright
and Wood—14.
Nays—Messrs. Barrett, Brown, Benson,
Delage, Gastinel, Hart, Jones, Mithoff, New-
ell, O'Gonnell, Sullivan and Watson —12.
The second section was then amended by
striking out all alter the word "process,"
in the tilth line, and the section was adopted
as amended.
Mr. Kavanagh moved a reconsideration
o The vote sustaining the decision of the
chair on Mr. Gaslinel's amendment, which
motion was laid on the table by the follow-
ing vote:
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Benson, Griffith, Hills, Lara, Law-
ton. Mithoff, Montamat, Newell, Purcell.
Sullivan, Springer, Walter, Wright and
Wood—18.
Nays—Messrs. Delage, Gastinel, Hart,
Jones, Kavanagh, Nicolas, O'Gonnell and
Watson—8.
The third section was then adopted, and
the bill adopted as a whole on its second
reading.
By a message from the governor, through
Mr. Snethen, his private secretary, the
Senate was informed that the governor had
signed and approved the following bills :
An act to authorize the treasurer of the
State to transfer, as a loan, certain funds
pertaining to the State.
An act for the relief of the Louisiana
Institution for the Dent, Dumb and Mind.
By a message, from the House, through
Mr. Wesierfieid, its clerk, the concurrence
of the Senate was requested in the follow-
ing' bills:
An aet creating the office of register of
conveyances for the parish of Orleans,
situated on the right bank of the Mississippi
river.
An aet authorizing the branch pilots, at
She mouth of the Mississippi river to charge
and collect an additional one dollar on ves-
sels arriving at and departing from the port
of New Orleans.
The same messenger informed the Senate
that the House had concurred in " An act
for the payment of land office documents,
purchased by the provisional register there-
of ;" also, that the House liad rejected the
"Act to amend an act relative to the Gen-
eral Assembly, approved Nov. 28, 1864."
luuxtixg.
The Senate took up the bill to define the
duties and fix the compensation of state
printer, which was acted on section by sec-
tion. The 1st, 2d, 3d, 4th and 5th sections
were adopted without amendment. The
Oth section was amended by substituting
the figures GO lor 30 days, and the section
was adopted as amended. The 7th, 8th and
9th sections were adopted without amend-
tnent. The 10th section was acted On item
by item, the first clause having been first
adopted, as follows:
iSno. 10. Be it further enacted, &c., That
the work shall be performed as prescribed
in the following items, and paid for at the
prices specified, to-wit:
Items one and two were adopted, as fol-
lows:
Item 1. The laws shall be published in
the Knglisli and French languages, with a
list of the acts, the date of their promvlga-
tion, and an index thereto attached ; they
shall be printed on good strong book print-
ing paper, in long primer. ype, solid ; each
page shall be in length fifty-seven lines,
long primer, including running title, white
line under it, and foot line, and each page
to be thirty ems in width, exclusive of six
ems for marginal notes, the same to be
st'.ched, and covered with colored paper,
and delivered within the time fixed by law ;
for which there shall be allowed ten dollars
per page for two thousand copies, the liiim-
be-r that shall be furnished anunally, unless
otherwise directed ; for every additional
two hundred and fifty copien, seventy-five
cents per page.
Item 2. There shall be five hundred copies
of the journals of each House, in book form,
in the English language only, in brevier
type, solid ; the pages to be sixty-nine lines
in length, including running- title, white
line under it, and foot line ; each page to
contain two columns, the lines of each
column to be not less than nineteen ems in
length : the book to be covered and stitched
in the same manner as Ihe laws, and de-
livered within the time fixed by law ; the
compensation for which shall be three dol-
lars per page for five hundred copies, in-
eluding everything ; each additional two
hundred and fifty copies, one dollar per
page.
Mr. O'Connell moved to amend the first
iteri, by allowing $15 instead of $10 per
page for the acts and journals, which was
lost by the following vote :
Yeas—Messrs. Brown, Benson, Gastinel,
Griffith, Lara, Lawton. Mithoff and Wal-
ter—8.
OF THE SENATE.
Nats — Messrs. Barrett, Pell, Delage, 1
Hart, Hills. Jones, Kavanagh, Montamat, I
Nicolas, O'Connell, Pnrcell, Sullivan, Wat-
son, Wright and Wood—16.
Mr. Montamat moved to amend, by allow-
ing $12 50, which was lost by the following
vote:
Yeas—Messrs. Barrett, Bell. Brownlee,
Delage, Hills, Montamat, Nicolas, O'Con-
nell, Purcell and Sullivan—10. t
Nays—Messrs. BroAvn, Benson, Gastinel,
Griffith, Hart, Jones, Kavanagh, Lara, Law-
ton, Mithoff, Newell, Springer, Walter, Wat-
son, Wright and Wood—16.
Item 3d was read, as follows :
Item 3. Bills and resolutions shall be
{irinted on foolscap paper, in the 'English
anguage only, in long primer type, leaded ;
to be twenty ems in width and eighty lines
in length, the lines and sections to be num-
bered, and worked broadside ; two hundred
copies shall be printed—one hundred and
fifty copies to be furnished to the House
and fifty copies to the Senate. For the two
hundred copies, five dollars per page, in-
eluding everything, shall be allowed, and
one dollar per page for every additional
one hundred copies; Provided, That no
compensation shall be allowed for blank
.pages.
On motion of Mr. Pnrcell, the proviso in
said item was stricken out, by the following
vote: - ■
Yeas—Messrs. Barrett, Bell, Brownlee,
Delage, Hart, Hills, Kavanagh, Montamat,
Newell, O'Connell, Purcell, Sullivan_ and
Springer—13. r
Nays—Messrs. Brown, Benson. Gastinel,
• Griffith, Lara, Lawton, Mithoff, Nicolas,Wal-
ter, Wright and Wood—11.
The item was adopted as amended.
The 4th item was adopted without amend-
ment.
The 5th item was amended and adopted,
as follows :
Item 5. For all rule and figure work con-
tained in the journals, reports, documents
or laws, one dollar and twenty-five cents
per thousand ems may be charged, in addi-
tion to the rate fixed above ; and for rule
and figure work separately, one dollar per
thousand ems may be charged, which must
be distinctly set forth in the bill rendered
to the auditor of public accounts, and to the
Committee on Printing, when the Legisla-
ture is in session.
For item 6th, Mr. Hills proposed the fol-
lowing substitute :
Item 6. For all printed blanks, folio post
size, whole sheet, twenty-eight dollars per
ream ; each additional half ream, twelve
dollars. If only half a ream is ordered, or
less, seventeen dollars and fifty cents shall
be paid for it.
The substitute was adopted, by the fol-
lowing vote :
101
Yeas—Messrs. Barrett, Bell, Brownlee,
Hart, Hills, Kavanagh, Montamat, Nicolas,
O'Connell, Purcell, Sullivan, Springer and
Wood—13.
Nays—Messrs. Brown, Gastinel, Griffi h,
Jones, Lara, Lawton, Mithoff, Newell, Wal-
ter and Wright—10.
For item 7th, Mr. O'Connell offered the
following substitute:
Item 7. For all printed blanks, folio post
size, half sheet, seventeen dollars and fifty
cents per ream ; each additional half reamy
ten dollars. If only half a ream, or less, id
ordered, twelve dollars and fifty cents shall
be paid for it.
The substitute was adopted,, by the fol-
lowing vote :
Yeas—Messrs. Barrett, Bell, Brownlee,.
Hart, Hills, Jones, Kavanagh, Montamat,
Newell, Nicolas, O'Connell, Purcell, Sulli-
van, Springer and Wood—15.
Nays—Messrs. Brown, Gastinel, Griffith,
Lara, Lawton, Mithoff, Wright and Wal-
ter—8.
For item 8th, Mr. O'Connell proposed the
following substitute :
Item 8. For all printed blanks, caff size,
whole sheet, twenty-two dollars and fifty
cents per ream: for every additional half
ream, twelve dollars. If only half a r( am,
or less, is ordered, seventeen dollars and
fifty cents shall be allowed for it.
A motion was made and lost to table the
substitute, by the following vote :
Yeas—Messrs. Brown, Gastinel. Griffith,
Hart. Hills, Lara, Lawton, Mithoff, Springer
and Walter—10.
Nays—Messrs. Barrett, Bell, Brownlee,.
Kavanagh,- Montamat, Newell, Nicolas,
O'Connell, Purcell, Sullivan, Wright and
Wood—12.
The substitute was then adopted, by the
following vote :
Yeas—Messrs. Barrett, Bell, Browplee,
Kavanagh, Montamat, Newell. Nicolas,
'O'Connell, Purcell, Sullivan, Wright and
Wood—12. *
- Nays—Messrs. Brown, Gastinel, Griffith,
Hart. Hills, Lara, Lawton, Mithoff, Springer
and Walter—10.
For item 9th, Mr. O'Connell proposed the
following substitute:
•Item 9. For'all matter published in the
newspaper, there shall be paid one dollar
per square for the first insertion, and fifty
cents per square for each subsequent inser-
sertion. A square shall consist ot ten lines
agate.
A motion to table the substitute was lost,
by the following vote :
Yeas—Messrs. Brown, Gastinel, Griffith,
Hart, Lara, Lawton, Mithoff and Walter—8.
Nays—Messrs. Barrett, Bell, Brownlee,
Hills, Kavanagh, Montamat, Newell, Nico-
las, O'Connell, Purcell. Sullivan, Wright
and Wood—13/
102
JOURNAL
Mr. Gastinel moved to amend the snbsti-
tnte by adding, " but all matter shall be
published in solid agate," which was ruled
out of order.
Mr. Gastinel appealed from the decision
of the chair, in ruling his amendment out of
order. The chair was sustained, by the fol-
lowing vote :
Yeas 15, nays 8.
The substitute was adopted, by the fol-
lowing vote :
Yeas—Messrs. Barrett, Bell, Brownlee,
Hills, Montamat, Newell, Nicolas, O'Con-
aell, Pureed, Sullivan., Wright and Wood
—12.
Nays—Messrs. Brown, Gastinel, Griffith,
Hart, Kavanagh, Lara, Lawton,Mithoff and
Walter—P.
Mr. Mithoff moved to adjourn. Lost, by
the following vote:
Yeas—Messrs. Brownlee, Brown. Griffith,
Kavanagh, Lara, Mithoff and Sullivan—7.
Nays—Messrs. Barrett, Bell, Gastinel,
Hart, Hills, Lawton, Montamat, Newell,
Nicolas, O'Connell, Purcell, Walter, Wright
and Wood—II.
Section 10 was then adopted as amended,
by the following vote :
Yeas—Messrs. Barrett, Bell, Brown, Hills.
Lawton, Montamat, Newell, Nicolas, O'Con-
tiidi, Pnrcell, Sullivan,Wright and Wood-13.
Nays—Messrs. Benson, Gastinel, Griffith.
Hart, Jones, Kavanagh, Lara, Mithoff and
Walter—9.
Sections 12, 13,' 14 and 15 were each
severally read and adopted without amend-
meat, and the bid was adopted as a whole
m amended.
The Senate then adjourned* until 12
o'clock m., Wednesday, 21st inst.
Approved.
Jonx E. Neelis,
Secretary.
Wednesday, Dec. 21, 1864.
lite'Senate was called to order at 12
o'cfeck m. pursuant to adjournment.
Present—Hon. C. W. Boyce, president
prs (em., in the chair, and the following1
la? Ethers :
Messrs. Barrett, Brownlee, Brown, Ben-
sou, CJ-astinel, Griffith, Hart, Hills, Jone's,
Lsca, Lawton, Mithoff, Montamat, Newell,
Kir#las, O'Connell, Pureed, Sullivan, Sprin-
gar, Walter, Wright—21.
Prayer was offered by Rev. Mr. Chub-
buck.
The journal of yesterday was read, cor-
rected and approved.
Mr. Watson, on behalf of the Committee
on Commerce and Manufactures, reported
favorably on the following House bills :
" An act to amend the fifth section of an
act to establish a board of masters for the
port of New Orleans.'5
" An act concerning the masters and ward-
ens of the port of New Orleans."
On motion, the foregoing bills were or-
dered.to be printed.
Mr. Mithoff, on behalf of the Committee
on Banks and Banking, submitted the fol-
lowing report, which was received :
To the honorable president and members of the
1 Senate of Louisiana :
t Gentlemen—Your committee having
carefully examined the several Free Banks
of the city of New Orleans, beg leave to
submit for your consideration the following
report :
i That having carefully investigated the
condition of the several Free Banks of New
Orleans, and the law of 1855, in the Revised
Statutes of Louisiana, from page 30 to page
42, and taking into consideration the exist-
ing rebellion and its effects upon all com-
mercial business, they feel bound to pay a
just tribute of respect to the wisdom and
foresight displayed hv the frainers of that
law.
The ample provisions therein made to
secure the public and the holders of the
notes of those institutions against loss, are
so well devised, that even in the present
anomalous state of things their circulation
is amply provided for, if common justice is.
done to them.
Could they get possession of the bonds
deposited according to law with the auditor
of the State, and which are now in posses-
sion of Mr. Peralta, auditor of the State
under the usurped government, their present
value, and the accumulated interest now
due, is amply sufficient to secure the whole
outstanding circulation ; and it could be
withdrawn, with a little prudence, without
loss to the holders or further sacrifice of
the interests of the stockholders. We there-
fore recommend the adoption of the follow-
ing detailed report:
1st. That there is no cause to interfere in
'the rights and powers granted to the South-
ern Bank.
Iler managers deserve the thanks of the
public for the unusual integrity displayed
in the management of this Bank, under all
to us so well known" difficulties. This
bank has redeemed and still redeems her
small outstanding circulation, and has paid
all her deposits made previous to Septem-
ber 16, 1861, in specie. She refused to
combine with the other institutions in vio-
lating the Banking law of 1855. Although
the disloyal and usurping governor, Thomas
0. Moore, the legislature under him, and
the so-called Confederate authorities, all
combined, urged and threatened it with
seizure, this institution, by a wise tempori-
zation, escaped the greater evils by which
it was threatened. For details, see state-
ment, letter A.
2d. The Bank of America is second only^
OF THE
SENATE.
103
to the Southern Bank. Although succumb-
ing for a while, they have redeemed and
paid all their liabilities previous to Septem-
ber 16th, 1861, in specie.; and for these
reasons we recommend this bank also to be
left undisturbed in her acquired rights, and
as the integrity of the present managers has
given to your committee great satisfaction,
we cannot refrain from giving them that
praise they are so justly entitled to. For
detail, see statement, letter B.
Although your committee acknowledge
that the State has no right to infringe upon
the privileges granted to these two banking
institutions, we would recommend them
both to organize under the National Bank-
ing system, at as early a day as the present
circumstances will permit.
We shall hereafter introduce a law to
facilitate the change into National banks ;
and also a law to assist all the Free banks
to receive duplicate bonds and coupons in
place , of those still in the hands of the
aforementioned State auditor.
. Having read very carefully two reports,
in the report of the pre^pnt auditor of State,
P. A. Dostie, made by a board of commis-
sioners of finance, under special order No.
459, appointed by Maj. Gen. Banks, the ma-
jority report dated May 27th, 1864, and the
minority report dated June 1st, 1864, we
must candidly admit that we coincide more
with the minority report, and that we are
more inclined to favor 4he suitable and
proper measures recommended therein, than
to the ruinous and extreme measures in the
majority report.
Ruin and distress in Louisiana are already
great enough, and it requires all our wisdom
and abilities to alleviate it, and Ave should
not add to it by unwise measures. Already
. the loss that falls upon the loyal-stockhold-
ers and* the public at large is immense.
Granting that a majority of the managers
of the different banks were carried away
by the artificial excitement created by se-
cession and rebellion, and that the majority
of them Avere really favorable to it, now,
at least many of them, have seen their er-
rors, repented and returned to their former
loyalty: others have left and are out of
"our lines, and their property is or will be
confiscated.
Our action now will not ruin or save
therefrom the rebels, but the loyal stock-
holders and loyal community of the State—
the public at large, and not a party. The
present managers all profess loyalty; and
if any waver and doubt, let us convince
them of their former errors. Strengthen
the loyal men in their loyalty by the impar-
tial justice Louisiana will exert in all her
future actions.
Many of them complain of an order, No.
SO, issued by Maj. Gen, Butler, May 19th,
1862,
Let us admit that in many instances, it
was unjust, or rather hard en some banks.
The most of the banks must not forget thsW'
their voluntary or forced suspension, Sept.
16th, 1861, was more favorable and advan-
tageous to them than to the unfortunate der
positor and noteholder. If, instead of keep-
ing their gold and silver in their vaults and
sending it out of the lines afterwards, or'
selling it at high premiums, they had paid
it out to the depositors and' noteholders,
the order of 'Maj. Gen. Butler would per-
haps never have been issued. XJie order
was a retributive measure for their former
injustice, and Avell deserved. The real
"cause of the ruinous condition of the affairs
of the banks is owing to the advances and
loans made to the rebel State and Confed-
erate States Government, and owing only
partly to outside pressure.
We feel it our duty, therefore, to recom-
mend the passage of a law to liquidate the
Union Bauk, Mechanics' and Traders'Bank,
Bank of New Orleans, Crescent City Bank,
and the Merchants' Bank. And further, Ave
recommend the passage of the annexed
laivs to authorize the issuing of duplicate
bonds ; because, under the banking law re-
enacted March 15th, 1855, they Avere depos-
ited with the auditor, and by him with the
treasurer of the State, to secure the bill
holders of the Free banks against any loss.
It appears, after careful inATestigation, that
the securities pledged with the interest ac-
cumulated thereon, is sufficient to redeem
all the circulation notes of the different
Free banks. And by section 14 ike de-
positors of the bonds can apply to and re-
ceive from the auditor an equivalent amount
of bonds, by delivering to the auditor an
equal amount of redeemed and can-
celled notes, for Avhich they were pledged
or deposited.
Several of the Free banks have, with per-
mission of the military authorities, sent
l'arge amounts of cancelled and redeemed
notes to said H. Peralta, still acting auditor
under the usurpers and rebels, for AAdiich
they hold the receipts of said Peralta. But
with the usual faithlessness of the usurpers,
and disregard of all laws of the State, he
refused to return said bonds. And the
pretended legislature, under one Allen, act-
ing as usurped or rebel governor, passed
an act to prevent the said acting auditor to
comply with the 14th section of the bank-
ing laAV.
We have annexed copies of the receipts
and protests, and a copy of this unlawful
act, for general information. By these sev- ,
eral combinations it is made an impossibil-
ity for the Free banks to redeem all their
notes. We knoA# that the larger amount
are held by the people and only absolute
necessity will induce them to part with
them. To facilitate the liquidation of these
104:
JOURNAL
banks, to prevent farther loss to all con-
cerned, we have offered the several acts an-
nexed to this report.
. The bonds can easily be identified, as
they are all endorsed in the following or a
similar way:
" The within bond is hereby assigned to
the auditor of the State of Louisiana, for
account of the bank in'eon-
formity with an act to establish a general
system of Free banking in the State of Lou-
isiana, approved 15th March, 1855.
[Name of President.]
" NewDrleans, July 1st, 1855."
If re-transferred to the bank,- the follow-
ing endorsement is put on : .
" AudTor's Office,
"Baton Rouge, Jan. 27th, 18G2.
" Re transferred to the bank this day.'
(Signed) " H. Peralta, Auditor."
We hare guarded as much as possible
against any loss to the different parties
concerned ; and as, in the opinion of your
committee, it is eminently wise to encour-
age the formation of banking institutions
under the national system, we recommend
the annexed act to authorize the banks to
change into National banks. We also re-
commend for consideration an act author-
izing the city of New Orleans to pay the in-
terest now due on bonds in said II. Peralta's
hands.
We also offer the tableau of each bank,
made separately, lettered from A to G, and
other documents are submitted with this
report. All of which is most respectfully
submitted.
W. Mithoff, Chairman.
W. II. Lawton,
John P. Montamat,
John Sullivan,
John T. Barrett.
Together with the foregoing report, Mr.
Mithoff, on behalf of said committee, re-
ported the following entitled bills, all of
which underwent their first reading :
"An act to facilitate the liquidation of cer-
tain free banks."
" An act to authorize and require the city
of New Orleans to issue duplicate bonds
and coupons to the Free banks in lieu of the
bonds formerly issued and pledged by the
banks for certain purposes with the several
auditors of the State of Louisiana."
"An act to authorize the governor and
the treasurer and auditor of the State to
issue duplicate bonds," etc.
"An act for the relief of the Free banks of
New Orleans, organized under the Act to
establish a general system for free banking
in the State of Louisiana."
"An act to authorize the banks to change
into National Banks."
Mr. Gastinel called up the report of the
Committee on City Charter, which was par-
tially read. Its further reading was, on
motion, dispensed with, and the bill was
made the order of the day for Friday next,
23d inst.
Mr. Sullivan moved to adjourn, which
mo ion was lost, by the following vote :
Yeas—Messrs. Benson, Sullivan, Springer
and Wright—4.
Nays—Messrs. Barrett, Brownlee, Brown,
Boyce, Gastinel, Griffith, Ilart, Hills, Jones,
Lawton, Mithoff, Montamat, Newell. Nico-
las, 0 Council, Purcell and Walter—17.
The House bill creating the office of
register of conveyances for the parish of
Orleans, on the right bank, underwent its
first reading.
The House bill relative to the pilots at
the mouth of the Mississippi, was,read, and,
on motion of Mr. Gastinel, it was ordered
to be printed, and made the order of the
day for 1 o'clock to-morrow.
Mr. Gastinel's motion was carried, by the
following vote :
Yeas—Messrs. Barrett, Brown, Benson,
Gastinel, Hart, Ilills, Lara, Lawton, Mithoff,
Newell, Nicolas, O'Connell and Purcell—13.
Nays—Messrs. Brownlee, Delage, Griffith,
Montamat, Sullivan, Walter, Wright and
Wood-8.
The bill vesting in District Courts the.
trial, punishment and removal of State
officers, therein mentioned, was referred to
the Judicially Committee.
The bill fixing the duties and compensa-
tion of state printer, was taken up on its
third reading and passed with its title, by
the following vote :
Yeas—Messrs. Barrett, Brown, Delage,
Hart, Hills, Montamat, Newell, Nicolas,
O'Connell, Purcell, Sullivan, Wright and
Wood—13.
Nays—Messrs. Benson, Gastinel, Griffith,
Lara, Lawton, Mithoff and Walter—7.
The Senate then adjourned until 12
o'clock m. to-morrow.
Approved.
John E. Neelis,
Secretary.
Thursday, Dec. 22, 1864.
The Senate was called to order at 12
o'clock m. Present, Hon. C. W. Boyce^
president pro tern, in the chair, and the fol-
lowing members:
Messrs. Barrett, Bell, Brownlee, Brown,
Delage, Gastinel, Giiffith, Hart, Hills, Jones,
Kavanagh, Lara, Lawton, Mithoff, Monta-
mat,' Newell, Nicolas, O'Connell, Purcell,
Sullivan, Walter, Wood—22.
The proceedings were opened with prayer
by Rev. Mr. Gilbert.
The journal of yesterday was read and
approved.
Mr. Nicolas reported as correctly enrolled
the bill entitled " An act for the payment
of land office documents," &c.
OF THE
SENATE.
105
Mr. Sullivan, on behalf of the Committee
on Federal Relations, reported favorably,
by substitute, on the joint resolution rela-
tive to a pension agent.
On motion of Mr. Kavanagh, leave of ab-
sence for one week was granted to Mr.
Nicolas.
Mr. Barrett moved that the Committee on
Printing be requested to publish three times
in the official paper the five acts relative to
the banks, before they be finally acted on'
by the Senate.
This motion was carried by the following
vote:
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Griffith, Jones, .Kavanagh, Lara,
Lawton, Mithoff, Montamat, Newell, Nicolas,
O'Connell, Purcell, Sullivan, Springer, Wal-
ter, Wright, Wood—20.
Nays—Messrs. Benson, Delage. Hart and
Hills—4.
Mr. O'Connell presented a resolution and
preamble requesting the governor to re-
prieve certain convicts.
Mr. Mithoff moved to reject the resolu-
tion, which motion prevailed by the follow-
ing vote:
Yeas—Messrs. Barrett. Brownlee, Benson,
Delage, Jones, Lara, Mithoff, Montamat,
Newell, Purcell, Sullivan. Walter—12.
Nays—Messrs. Brown,Griffith, II;irt, Hills,
Kavanagh, Lawton, Nicolas, O'Connell,
Springer, Wright and Wood—11.
vThe bill authorizing the pilots at the
mouth of the river Mississippi to charge an
additional dollar per foot on all vessels ar-
riving at and departing from the port of
New Orleans, passed its second reading by
a vote of
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown. Benson, Delage, Gastinel, Griffith-
Hart, Hills, Lara, Kavanagh, Jones, Law,
ton, Mithoff, Montamat, Newell, Nicolas*
O'Connell, Purcell, Sullivan, Springer,
Walter, Wright, Wood—25
Nays—00.
Th« rules were then suspended, and the
bill was concurred in with its title.
The several bills reported by the Com-
mittee on Banks and Banking were then
made the order of the day for Thursday,
the 29 th inst.
The bill relative to the harbor masters of
the port of New Orleans, and concerning
the masters and wardens of the port or New
Orleans, were then postponed until to-
morrow.
The bill creating a register of convey-
ance for the right bank of Orleans was
referred to the Judiciary Committee.
third reading.
Joint resolution relative to adjournment.
This bill passed its final reading by the fol-
lowing vote :
Yeas—Messrs. Barrett, Bell, Brown, Ben-
son, Delage, Gastinel, Hart, Hills, Jones,
Kavanagh, Lara, "Lawton, Mithoff, Monta-
mat, Newell, Nicolas, Purcell, O'Connell,
Sullivan, Springer and Walter—21.
Nays—Messrs. Griffith, Watson, Wright
and Wood—4.
The joint resolution authorizing the
governor to appoint a board, of members
of the bar, to revise and harmonize the Civil
Code, Code of Practice and Statutes, passed
its final reading by the following vote :
Yeas—Messrs. Barrett, Bell, Brown,
"Benson, Delage, Gastinel, Griffith, Hills,
Jones, Kavanagh, Lawton. Mithoff, Monta-
mat. Newell. Nicolas, O'Connell, Springer
and Wood—18.
Nays—Messrs. Lara, Purcell, Sullivan,
Walter, Watson and Wright.—(3.
An act relative to practitioners of med-
icine. This bill passed its third reading
by the following vote :
Yeas— Messrs. Bell, Brownlee, Benson,
Griffith, Hills, Lawton, Mithoff, Montamat,
Newell. Purcell, Sullivan, Springer, Wright
and Wood -15.
Nays—Messrs. Barrett, Delage, Gastinel,
Lara, Nicolas, O'Connell, Walter and
Watson—8.
Mr. Barrett moved to reject the title,
which motion was lost by the following
vote :
Yeas—Messrs. Barret, Delage, Hart,
Hills, Lara, Nicolas, O'Connell, Walter and
Watson—9
Nays—Messrs. Brownlee, Brown, Ben-
sen, Griffith, Lawton, Mithoff; Montamat,
Newell, Purcell, Sullivan, Springer, Wright
and Wood—13.
The title was then adopted by the fol-
lowing vote :
Yeas—Messrs. Brownlee, Brown, Benson,
Griffith, Hills, Lawton, Mithoff, Montamat,
Newell, Purcell, Sullivan, Springer, Wat-
son, Wright and Wood—15.
Nays—Messrs. Barrett., Delage, Gastinel,
Hart, Lara, O'Connell and Walter—7.
By a message from the House, through
Mr. Westerfield, its clerk, the Senate was
informed that the speaker had signed the
bill for the payment of land office, docu-
ments, purchased by the provisional register
thereof.
The same message requested the concur-
rence of the Senate in the House bill to in-
corporate the First German Evangelical
Lutheran Church of the city of Jetterson.
Mr. Nicolas reported that the Committee
on Enrollment had submitted to the
governor the bill for the payment of land
office documents.
The bill to organize the militia of the
State was taken up on its third reading.
On motition of Mr. Hills the title was
amended by striking out therefrom the
words "entitled an act," and the rules
having been suspended, the bill passed by
the following vote:
106
JOURNAL
Yeas—Messrs. Barrett, Erownlee, Brown,
Benson, Delage, Griffith, Hart,, Hills, Jones
Kavanagh, Lawton, Mithoff, Newell, Nico-
las, Purcell, O'Connell, Sullivan, Springer,
Walter, Watson, Wright and Wood—22.
■ Nays—Messrs. Gastinel, Lara and Mon-
tamat—3.
Mr. Bell gave notice of his intention to
introduce an act to close public places of
business on the Sabbath of each week.
The .Senate then adjourned until 12
o'clock m. to-morrow.
Approved.
John E. Neelts,
Secretary.
Friday, Dec. 23, 1864.
The Senate was called to order at 12
o'clock m., pursuant to adjournment, by
Hon. C. W. Boyce, president pro tern., in the
chair.
The roll being called, 21 senators
answered to their names.
The proceedings were opened with prayer
bv Rev. Father Murphy.
The journal of yesterday was read and
approved.
The House bill entitled " An apt to incor-
porate the First German Lutheran Evangel-
ical Church of the city of Jefferson," un-
derwent its first reading.
The bill to amend the 5th section of "An
act to establish a board of harbor masters
for the port of New Orleans," was taken
up on its second reading, and the rules
being suspended, underwent its third read-
ing, and was concurred in with its title.
The bill concerning the master and ward-
ens of the port' of New Orleans, was taken
up at its second reading.
On motion of Mr. Hills, the bill was re-
ferred, by the following vote, to a special
committee of three:
Yeas—Messrs. Brown, Benson, Delage,
Gastinel, Hart, Hills, Kavanagh, Lara,
O'Connell, Springer, Walter, Wood—12.
Nays—Messrs. Barrett, Bell, Brownlee,
Griffith, Jones, Lawton, Mithoff, Montamat,
Newell, Sullivan, Watson, Wright—12.
There being a tie, the president voted in
the affirmative, whereupon he appointed
Messrs. Hills, Barrett and Lara to compose
the committee.
The bill to amend the city charter was
then taken up section by sectiou. The 1st
and 2d sections were read and adopted
without amendment. Pending the reading
of the third section, the Senate took a recess
of fifteen minutes, at the expiration of which
time it was again called to order, when,
On motion, the Senate adjourned until
12 o'clock, m., Monday.
Approved.
John E. Nee lis,
Secretary.
Monday, Dec. 26, 1864.
The Senate was called to order at 12
o'clock m., pursuant to adjournment.
Present—Hon. J. Madison Wells, lieuten-
ant governor and president in the chair,
and the following members: Messrs. Bell,
Brownlee, Brown, Delage, Griffith, Hart,
Hills, Jones, Lara, Mithoff, Montamat, New-
ell, Purcell, O'Connell, Sullivan, Springer,
Walter, Wright, Wood—19.
On a motion of Mr. Sullivan to adjourn
until 12 o'clock m., Wednesday, the yeas
and nays were demanded and taken with
the following result:
Yeas—Messrs. Bell, Brownlee, Delage,
Griffith, Jones, Newell, Purcell, Sullivan,
Springer, Wright, Wood—11.
Nays—Messrs. Brown, Hart, Ilills, Lara,
Mithoff, Montamat, O'Connell, Walter—8.
The motion was consequently carried,
and the Senate adjourned until 12 o'clock
m., on Wednesday, 28th inst.
Approved.
John E. Neelts,
Secretary.
Wednesday, Dec. 28, 1864.
The Senate was called to order at 12
o'clock m., pursuant. to , adjournment, by
Hon. J. Madison Wells, lieutenant govr
ernor and president of the Senate, and the
roll being called, the following members
were found to ba present: Messrs. Barrett,
Bell, Brown, Benson, Delage, Gastinel,
Griffith, Hart, Ilills, Lara, Mithoff, Monta-
mat, Purcell, O'Connell, Sullivan, Springer^
Walter, Watson, Wright—19.
Prayer was offered by Rev. Mr. Conway.
The journals of Friday and Monday
were read and approved.
. By a message from the House the signa-
t-ure of the president was requested to the
enrolled bills of the House, authorizing the
pilots at the mouth of the Mississippi river
to charge an additional one dollar per foot
on all vessels arriving at and departing
from the port of New Orleans, and an act
to amend the 5th section of an act to es-
tablish a board of harbor masters for the
port of New Orleans.
Mr. Purcell moved that leave of absence
be granted to Mr. Lawton until Saturday,
which motion was amended by Mr. Monta-
mat, by including the name of Mr. Brown ;
the amendment was accepted and
Mr. Hills moved to lay the motion on the
table. Lost by the following vote :
Yeas—Messrs.Brown,Benson,Delage,Gas-
tinel, Griffith, Hills, Lara, Walter,Wright—9.
Nays—Messrs. Barrett, Hart, Jones, Mit-
hoff, Montamat, Purcell, O'Connell, Sullivan,
Springer and Watson—11.
The motion to graut.the leave of absence
to Messrs. Lawton and Brown was then
adopted.
OF THE SENATE.
107
Mr. Montamat presented the following : .
Resolved, That the resolution adopted by i
this body, allowing the president pro tern.
of the Senate $8 per day extra compensa-
tion, be and the same is hereby repealed.
On motion of Mr. Sullivan, the foregoing
was laid on the table by the following vote :
Yeas—Messrs. Delage, Gastinel, Griffith,
Hart, Mithoff, Purcell, O'Connell, Sullivan,
Watson, Wright—10.
Nays—Messrs. Barrett, Brown, Benson,
Hills, Jones, Lara, Montamat, Springer,
Walter—9.
Mr. Hills presented the following :
Rseolved, That the chairman of the Com-
mittee on Finance be instructed to inquire
if the auditor allowed the per diem, of any
senators previous to the time they were
sworn in, and if so, by what authority he
did it.
The motion of Mr. Brown to table the
foregoing resolution was lost by the follow-
ing vote :
Yeas—Messrs. Brown, O'Connell, Walter,
Wright—4.
Nays—Messrs. Barrett, Bell, Benson, De-
lage, Gastinel, Griffith, Hart, Hills, Jones,
Lara, Mithoff, Montamat, Purcell, Sullivan,
Springer—15. »
The resolution was then adopted by the
following vote :
Yeas—Messrs. Barrett, Bell, Brown, Ben-
son, Delage, Gastinel, Griffith, Hills, Hart,
Jones, Lara, Mithoff, Purcell, Sullivan,
Springer, Walter—16.
Nays—Messrs. Montamat, 0 'Connell, Wat-
son, Wright—4.
Mr. Mithoff presented the following,
which was adopted :
Be it resolved by the Senate, That the pres-
ident appoint a special committee of three
to investigate all the complaints and
charges against the New Orleans and Car-
rollton Railroad Company and against the
Jefferson and Lake Pontchartrain Railroad
Company, with full power to take testi-
mony, and to ascertain whether the said
companies have forfeited their charters or
not.
The president appointed to compose the
committee raised by the adoption of the
foregoing resolution, Messrs. Mithoff, Gasti-
nel and Lawton.
Mr. Mithoff presented the following,
which was read :
Whereas, It is not yet ascertained
whether our delegation to Congress will be
admitted, and the low state of our finances
will not admit of unnecessary expenses;
and further, as the real condition of our
State and the suffering of the people make
it our imperative duty not to involve the
State in debts which can never be paid, if
not admitted as a State by the National
Congress ;
Be it therefore resolved by the Senate and
House of Representatives in General Assem-
bly convened, That both Houses adjourn to-
morrow, Thursday, the 29th inst., until the
2d Monday in January, next, for its
regular session.
Mr. Mithoff asked a suspension, of the
rules to pass the foregoing resolution, which
was refused by the following vote, as the
constitutional majority did not vote for the
motion :
Yeas—Messrs. Barrett, Benson, Delage,
Gastinel, Hart, Hills, Jones, Lara, Mithoff,
Montamat, Purcell, O'Connell and Walter
—13.
Nays—Messrs. Bell, Brown, Griffith, Sul-
livan, Springer, Watson and Wright—7.
Mr. Montamat moved to adjourn until
Saturday, Dec. 31st, which motion was lost
by the following vote :
Yeas—Messrs. Barrett, Bell, Brownlee,
Jones, Montamat, Purcell, Springer, Sulli-
van, Watson and Wright—10.
Nays—Messrs. Brown, Benson, Delage,.
Gastinel, Griffith, Hart, Hills, Lara, Mit-
hoff, O'Connell and Walter—11.
The same member then moved to adjourn
until Friday, the 30th inst., at 12 o'clock
m., which motion prevailed by the follow-
ing vote :
Yeas—Messrs. Barrett, Bell, Brownlee,
Benson, Griffith, Jones, Montamat, Purcell,
Sulivan, Springer, Watson and Wright
—12.
Nays—Messrs. Brown, Delage, Gastinel,
Hart, Hills, Lara, Mithoff, O'Connell, and
Walter—9.
The Senate accordingly adjourned.
Approved.
John E. Neelis,
Secretary..
Friday, Dec. 30, 1864.
The Senate was called to order at 12'
o'clock m., pursuant to adjournment, by
Hon. J. Madison Wells, lieutenant govern-
or and president of the Senate.
The roll being called, the following mem-
bers answered to their names :
Messrs. Brownlee, Benson, Griffith, Hart,
Lara, Mithoff, Montamat, Newell, Sullivan,
Walter, Wright and Wood.
After some delay the following additional
members appeared and answered to their
names :
Messrs. Barrett, Bell, Gastinel, Hills,
O'Connell and Springer—making in all 18.
There being no quorum, Mr. Bell moved
to adjourn, which motion was put and lost
by the following vote :
Yeas—Messrs. Bell, Mithoff, Newell, Sul-
livan and Wright—5.
Nays—Messrs. Barrett, Benson, Griffith,
Hart, Hills, Lara, Montamat, O'Connell,
Springer, Walter and Wood—11.
On motion of Mr. Montamat, a warrant
108
JOURNAL
was issued by the president for the arrest
of absentees, which the sergeant-at-arms
was directed to execute.
After some delay, Mr. Purcell entered the
Senate and answered to his name, when a
quorum was announced as being present.
The journal of the last meeting was read
and approved.
Mr. Lara, on behalf of the Committee on
Militia, submitted the following :
Whereas, Mr. Howard McKnight was on
the 7th day of November appointed clerk
to the Committee on Militia ; and, whereas,
they have no further use for his services ;
therefore,
Be it resolved, That the said Howard
McKnight be, and hereby is this day dis-
charged from further services.
M. Lara,
A. C. Hills,
J. Springer,
John 0. Wright.
The foregoing report was on motion re-
ceived and adopted.
Mr. Hills, on behalf of the Committee on
Education, and Mr. Sullivan, on behalf of
the Committee on Federal Relations, re-
ported that their respective committees had
no further use for their clerks ; wherefore,
they moved that the services of said clerks
be dispensed with.
On motion, the secretary was directed to
notify the warrant clerk of the discharge of
said clerks of committees.
Mr. Montamat, on behalf of the Committee
on Enrollment, reported as correctly en-
rolled the bill to define the duties and fix
the compensation of the state printer.
Mr. Montamat presented a joint resolu-
tion relative to the adjournment of the
General Assembly, and the rules having
been suspended, it was amended, on motion
of Mr. Benson, by adding the following
proviso :
Provided, That . no mileage be paid to
members for attendance on the next session
of the General Assembly.
Which was accepted, as also an amend-
ment of Mr. Hills, by striking out the words
"sine die," when the resolution was adopted
on its second reading by the following vote :
Yeas—Messrs. Barrett, Bell, Benson,
Hills, Hart, Lara, Mithotf, Montamat, New-
ell, Purcell, O'Connell, Sullivan and
Walter—13.
Nats—Messrs. Brownlee, Gastinel, Grif-
fith, Springer, Wright and Wood—6.
Mr. Montamat moved a further suspen-
sion of the rules in order to put the resolu-
tion on its final passage, upon which
motion the yeas and nays were demanded
and taken, as follows :
Yeas—Messrs. Barrett, Bell, Benson, Gas-
tinel, Hart, Hills, Lara, Mithoff, Montamat,
Newell, Purcell, O'Connell, Sullivan and
Walter—14.
Nats—Messrs. Brownlee, Griffith, Spring-
er, Wright and Wood—5.
The constitutional majority of four-fifths
not voting in favor of the motion, the rules
were not suspended.
The following members gave notice of
their intention to introduce the hereinafter
named bills :
Mr. O'Connell : A bill for the- menage-
ment of the Institution for the Deaf, Dumb
and Blind, situated at Ba'on Rouge.
Mr_Montamat : An act to provide for the
payment of the members, officers and con-
tingent expenses of the General Assembly.
Mr. O'Connell, with leave, introduced the
following, which, after some discussion, was
referred to the Committee on Printing : ,
Resolved, That a committee of three
members be appointed by the chair, whose
duty it shall be to examine and report to
the Senate by whom and by what authority
certain portions of the ratified proceedings
of this body have been suppressed in the
official journal, and that the said committee
be authorized to send for persons and
papers.
Mr. Sullivan then moved to adjourn until
12 o'clock m., to-morrow, which motion pre-
vailed by the following vote :
Yeas—Messrs. Bell, Brownlee, Griffith,
Lara, Montamat, Newell, Sullivan, Springer,
Wright and Wood—10.
Nats—Messrs. Barrett, Benson, Gastinel,
Hart, Hills, Mithoff, Purcell, O'Connell and
Walter—9.
The Senate accordingly adjourned.
Approved.
John E. Neelis,
Secretary.
Saturdat, Dec. 31, 1864.
The Senate was called to order pursuant
to adjournment by Hon. J. Madison Welis,
lieutenant governor, president.
The roll being called, the following mem-
bers answered to their names, viz : Messrs.
Barrett Bell, Benson, Delage Gastinel,
Griffith, Hart, Hills, Lara Mithoff, Monta-
mat, Newell, Purcell O'Connell, Sullivan,
Springer, Walter, Wright and Wood—19.
Prayer was offered by Rev. Mr. Sey-
mour.
The journal of yesterday was read and
approved.
On motion of Mr. Gastinel, the joint re-
solution relative to the adjournment of the
General Assembly was taken up and
adopted.
Mr. Montamat, on behalf of the Finance
Committee, submitted the following report,
which was on motion received and adopted:
To the honorable president and members of
the Senate :
Gentlemen—Your committee beg leave
OF THE SENATE.
109
to submit the following general report of
the Finance Committee of the Senate of
funds appropriated for the payment of per
diem of members, salaries of officers and
employe's, contingent expenses, and also
for mileage of members, from October 3d,
to December 30th, 1864 :
t) b b
& EJs O
y g 3 g'g.g
® ^ O 4
*-t p O p p
„3 »3»3
d-ffl «•
S?®<2
® —f. £ /Tl i_J . . /«\
so s'B.P-
® 5'
©03 CD 2
o 2 O 3
a m o ^
is^g
g-sS®
S"5 3 3,
£«3h
® cd O
pPog
- Jf g £
5 m ®"
® . M
5 ->* ® ®
2 ® 2 5
P B CD
« © a
P- a ^
CLp
cd 3 pvj
: *-*3 co
3?^^
S,!b° ^3
g • b?' *• a
® ® .S
mcj? H® b3
®5 t«3 • £ a
Sl.|
So&o
S-S-g^U^P
Wu® CD 5 j— JD
? 3^2 3
to ■ CD CD ' ®
;2i3 s 2.1
sjoT
<5 W; p. 3
P O • H 03 O
mm
to : a*: &
: M,: CD : £
: o; "i : 5
: : op ; p*
tc co t<c
Per diem
of members
Salaries of
officers and
employees.
Contingent
Expenses.
Mileage of
members.
Hon. 0. W. Boyce, elected president pro
tem. on the 9th November, has received his
per diem as such ($16) up to December 3d,
twenty-five days in all. At that time the
auditor of public accounts alleged that no
law authorized the president pro tem. of the
Senate to receive more than eight dollars a
day ; that the sum overpaid had been erro-
neously paid, and that, therefore, he thought
he Fad the right to retain the per diem of
the Hon. C. W. Boyce until the amount
overpaid is refunded to the State, viz:
twenty-five days, at $8—$200. This was
operated by retaining Hon. C. W. Boyce's
per diem from the 4th to the 28th December,
viz: twenty-five days, at $8—$200. Never-
theless, upon the application of the Hon. C.
W. Boyce, three warrants, of $112 each,
(Nos. 27, 44, 47,) were delivered to him by
the warrant clerk for his per diem from 4th
December to . 27th December, twenty-one
days—in all, $336.
All of which is respectfully submitted.
(Signed) John P. Montamat,
Chairman Finance Committee of the Senate.
(Signed) John Sullivan,
R. R. Benson.
Mr. Bell, on behalf of the Committee on
Auditing and Supervising the Expenses of
the Senate, submitted the following report,
which was on motion adopted, and the bills
therein mentioned ordered to be paid.
New Orleans, Dec. 31, 1864.
The Auditing and Supervising Committee
on Expense of the Senate report, that after
due examination, find the following bills
with complete vouchers, to be correct and
have approved and audited the same, viz :
No. 42 Bill of G. W. Smith $36 00
" 43 do H. N. Seibrecht 89 75
" 44 do J.Cook 9 00
" 45 do J. F. Wood 68 75
'• 46 do W.Ewing... 13 50
$217 00.
Robt. B. Bell, Chairman.
Z. Griffith,
J. Purcell,
R. R. Benson,
John Sullivan.
Mr. Sullivan presented the following :
Resolved, That the secretary be required
to give a list to the Senate of all clerks
employed on committees with their names.
Also the names of the committees that they
act as clerks for.
On motion of Mr. Hills, the foregoing re-
solution was so amended as to require the
Secretary to furnish a list of all clerks em-
ployed by the Senate, and the resolution
was adopted as amended.
Mr. Hills moved that the Senate do now
adjourn.
Mr. Montamat moved to amend by ad-
ding "until 12 o'clock m., on Monday.-''"
On motion of Mr. Hills, the amendment
was laid on the table.
Mr. Hills then moved the previous ques-
tion which motion was lost by the follow-
ing vote.
Yeas—Messrs. Delage, Gastinel, Hart,
Hills, Lara, Newell, Purcell and Wright—8.
Nays—Messrs. Barrett, Bell, Benson,
Griffith, Mithoff, Montamat, O'Connell, Sul-
livan, Springer, Walter and Wood—11.
Mr. Montamat then moved to adjourn
until 12 o'clock m., Monday.
Which motion prevailed by the following
vote :
Yeas—Messrs. Barrett, Bell, Benson,
Griffith, Kavanagh, Mithoff, Monta mat,
O'Connell, Sullivan, Springer, Walter,
Wright and Wood—13.
110
JOURNAL
Nays—Messrs. Delage, Gastinel, Hart,
Hills, Lara, Newell and Purcell—7.
The Senate accordingly adjourned.
Approved.
John E. Neelis,
Secretary.
EXECUTIVE SESSION
of the
SENATE OF LOUISIANA.
New Orleans, Nov. 16,1864.
The doors having been closed, the presi-
dent pro tern, caused the roll to be called,
when the following members were found to
be present : Messrs. Barrett, Bell, Benson,
Gastinel, Griffith, Hart, Hills, Lara, Law-
ton, Mithoff, Montamat, Newell. Nicolas,
Purcell, O'Connell, Sullivan, Smith and
Springer—19.
A quorum being present, the president
laid before the Senate the following com-
munieation from the governor :
State of Louisiana, 1
Executive Depajitment, [•
New Orleans, Nov. 16, 1864.)
To the Senate :
I submit for your advice and consent the
names of the following persons to consti-
tute the Board of Administrators of the
State Institution for the Deaf, Dumb and
the Blind, located at Baton Rouge, viz :
Messrs. John O'Conner, R. T. Posey, F.
A. Nephler, C. G. Breckenridge, F. Otto, J.
D. O'Connell, Charles Nehemeyer.
(Signed) Michael Hahn,
Governor cf the State of Louisiana.
The foregoing having been read, Mr.
Hills presented the following, which was
laid on the table :
I move that the names of J. D. O'Con-
nell, R. T. Posey, F. A. Nephler and C. G
Breckenridge be returned to the governor
with the statement, that the Senate can
confirm no appointments of memjfclready
holding offices of trust or profit in the State;
and that the remaining names be and are
hereby confirmed.
Mr. Montamat then moved that the ap-
pointments made by the governor be con-
firmed, when
Messrs. Barrett, Bell, Eoyce, Benson,
Gastinel, Hart, Jones, Lara, Lawton, Mit-
hoff, Montamat, Newell, Purcell, Sullivan,
Smith, and Springer—16 Senators—voted
in favor of the confirmation, and
Messrs. Griffith, Hills, Nicolas and
O'Connell—4 Senators—voted against the
confirmation.
On motion of Mr. Montamat, the secreta-
ry was directed to inform the governor that
the appointments this day sent to the
Senate of Messrs. O'Connor, Posey, Nephler,
Breckenridge, Otto, O'Connell and Ne-
hemeyer, were this day confirmed.
On motion, the doors of the Senate were
opened.
Injunction of secresy removed by a vote
of the Senate, January 6, 1865.
Approved.
JohnE. Neelts,
Secretary.
SECOND SESSION.
Monday, Jan. 2, 1865.
This being the day appointed by the
constitution for the regular meeting of the
General Assembly of the State of Louisiana,
the Senate met in accordance therewith at
the seat of government, in the city of New
Orleans, and, at 12 o'clock si., it was called
to order by Hon. J. Madison Wells, lieu-
tenant governor and president of the
Senate.
The roll being called, the following mem-
bers answered to their names :
Messrs. Barrett, of Orleans ; Benson, of
St. Martin and Vermillion ; Hart, Hills, of
Orleans ; Jones, of Concordia and Tensas ;
Montamat, of Orleans ; Newell, of Rapides
and Avoyelles; O'Connell, of Bast Baton
Rouge ; Walter, of St. Mary: Watson, of
West Baton Rouge, Point Couple, and
West Feliciana; Wright, of St. Landry,
Lafayette and Calcasieu, and Wood, of Sa-
bine—12.
There being no quorum, on motion of Mr.
Hills, the Senate adjourned until 12 o'clock
m., to-morrow.
Approved.
JohnE. Neelts,
Secretary.
Tuesday, Jan. 3, 1864.
The Senate was called to order this day
at 12 o'clock m., pursuant to adjournment,
by Hon. J. Madison Wells, lieutenant gov-
ernor and president of the Senate;
The roll being called, the following mem-
bers answered to their names :
Messrs. Barrett, Brownlee, Benson, Gasti-
nel, Griffith, Hart, Hills, Jones; Kavanagh,
Lara, Mithoff, Montamat, Newell, Pur-
cell, O'Connell, Walter, Wright and Wood
--19.
Mr. Kavanagh moved to adjourn until 12
o'clock m. to-morrow, which motion was
lost by the following vote:
Yeas—Messrs. Hills, Lara, Watson, Kava-
nagh and Wood—5.
Nays—Messrs. Brownlee, Gastinel, Grif-
fith, Hart, Mithoff, Montamat, Newell,
O'Connell, Walter and Wright—10.
Mr. Jones, on behalf of the Committee
on Judiciary, reported favorably on the fol-
lowing bills:
"An act vesting in district courts the trial,
punishment and removal of State officers."
"An act to provide for the promulgation,
preservation and conduct of public records,
judicial and legislative written proceed-
ings of the State of Louisiana."
"An act relative to attorneys at law."
On motion, 50 copies of the foregoing
bills were ordered to be printed.
At his own request, Mr. Hills was ex-
cused from further service on the Commit
tee on Printing.
Mr. Newell presented the following reso-
lution :
Whereas, The president pro tern, of the
Senate, Hon. C. W. Boyce, is absent with-
out leave of absence having been granted
to liim 5 and whereas, under the Constitu-
tion of the State, no man can hold an
office under the United States^ government
and of Louisiana both, therefore be it
Resolved by the Senate, That said C. W.
Boyce's seat be declared vacant, and that
the governor be requested to order an
election to fill said vacancy.
Mr. Montamat proposed the following as
a substitute for the foregoing :
Resolved, That the Hon. C. W. Boyce,
president pro tem. of the Senate, being ab-
sent without leave, that his position as
president pro tem. be declared vacant.
The substitute was tabled by the follow-
ing vote :
Yeas—Messrs. Barrett, Brownlee, Ben-
son, Griffith, Kavanagh, Lara, Mithoff,
Newell, Springer, Walter and Wright—11.
Nays—Messrs. Delage, Gastinel, Hart,
112
JOURNAL
Ilills, Jones,Montamat,Purcell, O'Connell,
Watson and Wood—10.
Mr. Montamat moved to lay the whole
subject on the table, which motion was lost
by the following vote :
Yeas— Messrs. Barrett, Benson, Hart,
Hills, Montamat, Purcell, Springer, Walter,
Wright and Wood—10.
Nays—Messrs. Brownlee, Delage, Gasti-
nel, Griffith, Jones, Kavanagh, Lara, Mit-
hoff, Newell, O'Connell and Walter—11.
On motion of' Mr. Montamat, the further
consideration of the subject was postponed
indefinitely, by the following vote :
Yeas—Messrs. Barrett. Griffith, Hart,
Hills, Montamat, Purcell, Springer, Walter,
Watson, Wright and Wood—11.
Nays—Messrs. Brownlee, Benson, Delage,
Gastinel, Jones, Kavanagh, Lara, Mithoff,
Newell and O'Connell—10.
Mr.'Gastinel moved that the Senate go
into a new organization this day, which
motion prevailed by the. following vote :
Yeas—Messrs. Barrett, Bensou, Delage,
Gastinel, Jones, Kavanagh, MitholT, Mon-
tamat, Walter. Watson and Wright—11.
Nays—Messrs. Brownlee, Griffith, Hart,
Hills, Lara, PurcelJ, O'Connell, Springer
and Wood—9.
Thereupon Mr. O'Connell presented the
following .
Resolved, That the.standing committees
of the Senate continue as though no new
organization should have occurred, except
by filling vacancies, &e., and that the offi-
cers and employe's of the last session con-
tinuc on duty in like manner as though
they had been regularly elected for this
session.
On mo*ion of Mr. Barrett, the-resolution
was amended by adding at the conclusion
the words "exempt the president pro iem.,
whose office is hereby declared vacant."
The amendment was accepted, and the res-
olution was then adopted as amended.
Mr. Jones moved to go into an election
for president pro lem., which motion was
lost.
By a message .from his excellency the
governor, through Mr. Snethen, his private
secretary, the Senate was informed that the
governor had signed and approved the bill
entitled " An act for the payment of land
office documents bought by the provisional
register thereof."
Mr. O'Connell obtained leave and intro-
dueed " An act to amend an act to provide
for the bettor management of the Institu-
tion for the Deal, Dumb and Blind," which
underwent its first reading.
Mr. Ilills moved to adjourn until 12
o'clock m. to-morrow, which motion pre-
vailed by the following vote :
Yeas—Messrs. Brownlee, Benson, Delage,
Griffith, Ilills, Kavanagh, Newell, Springer,
Walter, Watson, Wright and Wood—12.
Nays—Messrs. Barrett, Gastinel, "llavf;,
Lara, Mitholf, Montamat and Purcell—7.
The Senate accordingly adjourned.
Approved.
John E. Neelts,
Secretary.
Wednesday, Jan. 4. 1805.
The Senate was called to order -at 12
o'clock m., pursuant to adjournment by Hon.
J. Mad ison Wells, lieutenant governor and
president of the Senate.
The roll being called, the following mem-
bers answered to their names:
Messrs. Bell, Brownlee", Benson. Gastinel,
Griffith, Hills, Jones, Lara, Mit'lioff, Monta-
mat, Newell, Purcell. O'Connell, Sullivan,
Springer, Walter, Watson, Wright. and
Wood—19.
Prayer was offered by Rev. Mr. Chubbuck.
The journal of yesterday was read and
approved.
On motion of Mr. Montamat, the secretary
was directed to furnish the members with a
printed list of the corrected standing com-
mittees of the Senate as soon as they shall
be completed.
On motion of Mr. Hills, Mr. Delage was
excused for a few days.
Mr. Montamat presented the following
"resolution, which was adopted :
Resolved, That all unfinished business of
last session be taken up and placed on the
calendar, at the same stage as at the time
of adjournment.
On motion of Mr. Mithoff, the senate pro-
ceeded to the election of a president pro
iem.—tor which position Mr. Brownlee
nominated Mr. Gastinel ; Messrs. Griffith
and "Wright nominated Mr. Bell, and Mr.
Benson nominated Mr. Ilills.
„ On calling the roll, Messrs. Bell, Brown-
Tee, Hart, Ilills, Jones, Mithoff, Montamat,
Newell, Purcell, O'Connell, Sullivan,
Springer,.Walter, Watson and Wood—15—
voted for Mr. Gastinel.
Messrs. Barrett, Benson and Lara voted
for Mr. Hills—3.
Messrs. Gastinel, Griffith and Wright
voted for Mr. Bell—3.
On motion of Mr. Lara, the election of
Mr. Gastinel was declared unanimous.
Mr. Jones presented a joint resolution
relative to the election of a United States
Senator to serve from the 4th of March,
1865. Qn motion, the rules were suspended
and said resolution was read a first, second
and third time, and adopted.
On motion, the secretary was directed to
request the concurrence of the House
therein.
By a message from the House, through
Mr. Westerfield, its clerk, the concurrence
of the Senate was requested in the bill to
provide for the payment of the members,
of the
SENATE.
113
officers and contingent expenses of the
General Assembly.
The same message informed the Senate
that the House had concurred in the joint
resolution relative to the election of a
United States Senator.
On motion of Mr. Gastinel, the Senate
took up the city charter at its second
reading. The 1st and 2d sections having
been previously adopted, the third section
was first read, and adopted without
amendment; as was also the 4th, 5th, 6th
and 7th sections, which were adopted with
only clerical corrections.
The 8th section having been read, Mr.
Benson proposed the following substitute :
Section 8. Be it further enacted, etc., That
the election of mayor, comptroller, street
commissioner and treasurer shall take
place every two years, on the third Monday
of March. The election of recorders shall
take place every two years, and of one class
of the aldermen, shall take place on the
third Monday of March, every year. The
mayor, comptroller, street commissioner
and treasurer shall be elected by general
ticket, and the recorders by district ticket.
The mayor, comptroller, street commis
sioner, treasurer, recorder and aldermen
shall enter upon the duties of their offices
on the second Monday of April following
their election. The recorders' districts shall
be the same as provided by section 2 of
this act.
Mr. Montamat moved to table the substi-
tute, which motion prevailed, by the fol-
lowing vote:
Yeas—Messrs. Barrett, Bell, Brownlee,
Griffith, Kavanagh, Montamat, Newell, Pur-
cell, O'Connell, Sullivan, Springer and
Wood—12.
Nays—Messrs. Benson, Gastinel, Hart,
Hills, Lara, Mithoff, Walter and Wright—8.
Mr. Gastinel moved to amend the 8th
section by adding, " and the treasurer and
surveyor shall be appointed by the Com-
mon Council every year, in the month of
January." The amendment was tabled,
by the following vote:
Yeas — Messrs. Barrett, Bell, Griffith,
Hart, Kavanagh, Lara, Montamat, O'Con-
nell, Purcell, Sullivan, Springer, Wright
and Wood—13.
Nays—Messrs. Benson, Gastinel, Hills,
Jones, Mithoff, Newell, Walter and Wat-
son—8.
The section was then adopted as reported,
with only clerical amendments, as were also
the 10th, 11th and 12th sections.
The 13th section was read, and
On motion of Mr. Montamat, it was
amended so as to allow the recorders or
sheriffs, as well as the mayor, to swear in
the several inspectors and clerks of elec-
tions ; also, to allow the several recorders
to supply the place of absent inspectors.
a8
Thus amended, the section was adopted
The several sections were then adopted
as far as the 20th section, inclusive.
The 21st section having been read,
Mr. Gastinel offered the following sub-
stitute, which was adopted:
Sec. 21. That no member of the Common
Council shall hold any office provided foi
in this charter, pending his continuance as
a member of the council, nor shall any
member of the Common Council vote upon
any question in the determination of whicl
he has a personal interest, except upon
questions of taxation. Objection to the
eligibility of any member of .the Common
Council, on the ground of personal interest,
shall be made in writing, and referred by
either Board to a Committee on Credentials,
who shall report, and the Board shall de-
termine whether the interest of the membei
elect shall be incompatible with his holding
a seat as member.
The 22d section having been read,
Mr. Barrett moved to strike out the words
"and disqualification from holding any
office under the city charter," which motion
was lost by the following vote :
Yeas—Messrs. Barrett, Bell, Kavanagh,
Montamat, O'Connell and Purcell—6.
Nays—Messrs. Brownlee, Benson, Gasti-
nel, Griffith, Hart, Hills, Lara, Mithoff,
Newell, Sullivan, Springer, Walter,Watson
Wright and Wood—15.
And the section was adopted withouf
amendment, a3 was also the 23d and 24th
sections.
The 25 th section was read, when
Mr. Barrett moved to amend so that it
will read, " the salary of the assessors
shall not be more than $4000," instead of
" less."
This amendment was tabled by the fol-
lowing vote :
Yeas—Messrs. Gastinel, Griffith, Hart,
Jones, Kavanagh, Montamat, Newell, Sulli'
van, Wright and Wood—10.
Nays—Messrs. Barrett, Bell, Benson,
Hills, Lara, Purcell, Springer, Walter and
Watson—0.
Mr. Montamat moved to amend so as to
read " the salary of the assessors shall noi
be less than $4000 nor more than $5000."
A motion to table the amendment was
lost by the following vote :
Yeas—Messrs. Barrett, Benson, Hart and
Lara—4. „
Nays—Messrs. Bell, Gastinel, Griffith,
Hills, Kavanagh, Mithoff, Montamat, New-
ell, Purcell, Sullivan, Springer, Walter,
Watson, Wright and Wood—16.
The section was then adopted with the
amendment.
The several sections were then read up
to the 31st section, and were severally
adopted without amendment.
The 31st section was amended so as to
114
JOURNAL
read as follows : "The municipal corpora-
tion of New Orleans shall be prohibited
from adjudicating, selling by sealed propo-
sals, the selling out by contract for the
working or completing of any of the pub-
lie works of the city under their superv ision
and control, except such works as cannot
be otherwise done •without injury to the
public interest." The section was then
adopted as amended, when
Mr. Benson moved to adjourn, which
motion prevailed by the following vote :
Yeas—Messrs. Benson, Griffith, Hart,
Hills, Jones, Kavanagh, Lara, Newell, Pur-
cell, Springer, Watson, Wright and
Wood—13.
Nays—Messrs. Barrett, Bell, Gastinel,
Mithoff, Montamat, Sullivan and Walter—7.
The Senate accordingly adjourned until
12 o'clock m. to-morrow.
Approved.
Joiin E. Neelis,
Secretary.
Thursday, Jan. 5, 1865.
The Senate was called to order at 12
o'clock m., pursuant to adjournment, by
Hon. J. Madison Wells, lieutenant governor
and president of the Senate.
The roll being called, the following mem-
bers answered to their names :
Messrs. Bell, Brownlee, Benson, Gastinel,
Hart, Jones, Kavanagh, Lara, Lawton, Mit-
hoff, Montamat, Newell, Purcell, Springer,
Walter, Watson, Wright and Wood—2§.
The journal of yesterday was read and
approved.
Mr. Bell presented the following resolu-
tion :
Resolved, That Senator Boyce be excused
from attending the daily sessions of the
Senate for three weeks, as he has business
of importance which will require him to
proceed to Washington City, D. C.
On motion of Mr. Hills, the consideration
of said resolution was indefinitely post-
poned, by the following vote :
Yeas—Messrs. Brownlee, Benson, Gasti-
nel, Griffith, Hills, Kavanagh, Lara, Law-
ton. Mithoff, Newell, Purcell and Wood—12.
Nays—Messrs. Bell, Hart, Jones, Monta-
mat, Springer, Walter and Wright, 7—12
yeas, 7 nays.
The president laid before the Senate the
following corrected list^ of the Standing
Committees of the Senate :
judiciary.
Messrs. R. B. Jones, chairman; L. Gasti-
nel, J. T. Barrett, J. Brownlee, W. Mithoff.
finance.
Messrs. J. P. Montamat, chairman ; R. R.
Benson, J. Sullivan.
militia.
Messrs. C. W. Boyce, chairman ; J. 0.
Wright, J. Springer, M. Lara, M. D. Kara-
nagh.
enrollment.
Messrs. J. Nicolas, chairman ; M. D. Kav-
anagh, J. Purcell, J. A. Newell, J. P. Moil-
tamat.
elections.
Messrs. E. Hart, chairman ; S. P. Walter,
M. Lara.
claims.
Messrs. R. R. Benson, chairman ; Z. Grif-
fith, W. Brown.
commerce and manufactures.
Messrs. W. II. Watson, chairman ; J. 0.
Wright, W. II. Lawton.
ways and means.
Messrs. John Purcell, chairman ; J. D.
O'Connell, A. Wood, J. A. Newell, C. W.
Boyce.
unfinished business.
Messrs. J. Brownlee, chairman ; M. Lara,
J. SpriDger.
public education.
Messrs. A. C. Hills, chairman ; E. Hart,
R. B. Jones, W. Mithoff, M. Lara, R. R.
Benson.
internal improvements.
Messrs. J. D. O'Connell, chairman ; R. B
Bell, L. Gastinel, R. R. Benson, Z. Griffith.
printing.
Messrs. R. B. Bell, chairman ; C.W. Boyce,
J. Purcell, J. T. Barrett. J. D. O'Connell.
banks and banking.
Messrs. W. Mithoff, chairman ; J. T. Bar-
rett, W. II. Lawton, J. P. Montamat, J. Sul-
livan.
auditing and supervising the expenses op
the senate.
Messrs. R. B. Bell, chairman ; R. R. Ben-
son, J. Purcell, J. Sullivan, Z. Griffith.
federal relations.
Messrs. J. Sullivan, chairman ; W. Mit-
hoff, R. B. Bell, C. W. Boyce, A. Wood.
visiting penitentiary.
Messrs. M. D. Kavanagh, chairman; W.
Brown, J. D. O'Connell.
parochial affairs.
Messrs. W. H. Lawton, chairman ; J. P.
Montamat, J. Purcell.
charitable institutions.
Messrs. R. R.Benson, chairman ; A.Wood,
E. Hart, L. Gastinel, J. P. Montamat.
public lands.
Messrs. J. Nicolas, chairman; M. Lara,
L. Gastinel.
on state constitution.
Messrs. J. Nicolas, chairman; M. D. Kav-
nagh, J. D. O'Connell.
Mr. Montamat obtained leave and pre-
sented a joint resolution appointing a com-
mith-e of three members of the Senate and
members of the House, to wait on the
governor and inform him that the two
Houses are now organized, and ready to
receive any communication the governor
may have to make. The rules were sns-
OF THE SENATE.
115
pended and the resolution was adopted,
whereupon the president named Messrs.
Montamat, Gastinel and Benson to compose
said committee on the part of the Senate.
The secretary was directed to request the
concurrence of the House therein.
Mr. Gastinel presented a preamble and
joint resolution relative to the depressed
condition of the commerce of New Orleans,
which was read, when a motion was made
to suspend the rules for its second reading.
The motion was lost by the following vote,
the constitutional majority not voting in its
favor:
Yeas—Messrs. Bell, Brownlee, Benson,
Gastinel, Griffith, Hart, Jones, Mithoff,
Montamat, Springer, Walter, Wright and
Wood—13.
Nats—Messrs. Hills, Kavanagh, Law ton,
.Lara and Purcell—5.
Mr. Montamat moved to suspend the
rules, in order to take up the House bill to
provide for the payment of the members,
officers, and contingent expenses of the
General Assembly, which motion failed, for
the want of a two-thirds vote, as follows :
Yeas—Messrs. Bell, Brownlee Benson,
Gastinel, Griffith, Hart, Hills, Montamat,
Newell, Springer, Walter, Wright and
Wood—13.
Nats—Messrs. Kavanagh, Lara, Lawton,
Mithoff, O'Connell and Purcell—6.
On motion of Mr. Montamat, the city
charter, being the unfinished business, was
continued until to-morrow.
The Senate then took up the House bill
to provide for the payment of the officers,
members, and contingent expenses of the
General Assembly, which underwent its first
reading, when,
On motion of Mr. Montamat, the rules
were suspended, the bill was read a second
time, and on a further suspension of the
rules, it was concurred in, with its title.
The secretary was directed to inform the
House thereof.
Mr. Montamat, on behalf of the Commit-
tee on Enrollment, reported, as correctly
enrolled, the "Joint resolution relative to
the election of a United States senator."
On motion, the Senate took a recess of
15 minutes, at the expiration of which time
the Senate was again called to order by the
president, and a quorum being present, Mr.
Montamat submitted the following report:
To the honorable president of the Senate, the
speaker af the House of Representatives,
mndmembirs of the General Assembly:
Gentlemen—Your Joint Committee, ap-
pointed to wait upon the governor and
inform him that the General Assembly of
the State of Louisiana was organized and
ready to receive any official communication,
beg leave to report that they have per-
formed the duty assigned them.
The governor informed the committee
that he had no further communication, for
the present, than the one now under your
consideration, as no material changes have
taken place in the State since the first or-
ganization of the General Assembly.
All of which is respectfully submitted.
(Signed) John P. Montamat,
Chairman on the part of the Senate.
# joseph G. Baum,
Chairman on the part of the House.
Mr. Hills moved*to reconsider the vote
postponing the city charter until to-mor-
row, which motion prevailed, by the fol-
lowing vote;
Yeas—Messrs. Bell, Benson, Gastinel,
Hart, Hills, Lara, Lawton, Mithoff, Monta-
mat, Newell, Purcell, Springer, Walter,
Wright and Wood—15.
Nays—Messrs. Browulee, Griffith, Jones
and O'Connell—4.
Whereupon, on motion, the city charter
was taken up, the 32d and 33d sections
were read and adopted, when, on a division
of the Senate, it was found that no quorum
was present; whereupon,
Mr. Jones moved to adjourn until 12
o'clock m.&to morrow, which was amended
to 5 o'clock this p. m., and was carried by
the following v ote :
Yeas—Messrs. Bell, Benson, Gastinel,
Jones, Lara, Lawton, Montamat, Newell,
Purcell and Walter—10.
Nats—Messrs. Brownlee, Griffith, Hart,
Hills, Mithoff, Springer, Wright and
Wood—8.
The Senate accordingly adjourned until
5 o'clock this p. m.
evening session.
The Senate was called to order at 5
o'clock p. m., pursuant to adjournment, by
Hon. L. Gastinel, president pro tem., and
the roll being called, the following mem-
bers answered to their names :
Messrs. Bell, Benson, Hart, Jones, Lara,
Lawton, Montamat, Newell, O'Connell, Pur-
cell and Walter—11.
There being no quorum, the Senate ad-
journed until 12 o'clock m. to morrow..
Approved.
John E. Neelk,
Secretary..
Friday, January, 6, 1-865.
The Senate was called to order at 1*
o'clock m., pursuant t-o adjournment, by
Hon. J. Madison Wells, lieutenant governor
and president of the Senate.
The roll being called, the following mem-
bers answered to their names :
Messrs. Barrett, Bell, Benson, Gastinel,
Griffith, Hart, Hills, Lara, Lawton, Mithoff.
Montamat, Newell, Purcell, O'Connell,
Springer, Walter, Watson, Wright, ami
Wood—19.
Prayer was offered by Eev. Father Mur-
116
JOURNAL
phy. The journal of yesterday was read
and approved.
Mr. Montamat presented the following :
Resolved, That the president of the Sen-
ate issue warrants against all absent mem-
hers without leave, and compel their at-
tendance.
Resolved, further, That the sergeant-at-
arms is instructed to execute the saifie, and
bring such absent members within the bar
Qf this House. *
On motion, the foregoing resolutions were
adopted.
i On motion of Mr. Hart, the injunction of
secresy was removed from the executive
session of November 16th, 1864.
Mr. Barrett presented the following reso-
tion:
Resolved, That the Committee on Print-
idg be instructed to cause the report of the
Committee of Public Education on the or-
ganization of the free public schools, to be
printed three insertions in the official
journal.
Mr. Montamat moved to table the fore-
going, which motion was lost by the follow-
ing vote:
Yeas—Messrs. Griffith, Ilart, Lawton,
Mithoff, Montamat, O'Connell, Springer
and Wood—8.
Nays—Messrs. Barrett, Bell, Benson,
Jones, Lara, Newell, Purcell, Walter, Wat-
son and Wright—10.
A motion to adopt the resolution was
lost by the following vote :
Yeas—Messrs. Barrett, Bell, Benson,
Griffith, Lara and Purcell—6.
Nays—Messrs. Hart, Jones, Lawton. Mit-
hoff, Montamat, Newell, O'Connell,Springer,
Walter, Watson, Wright and Wood—12.
By a message from the House, through
Mr. Westerfield, its clerk, the signature of
the president was requested to the House
bill to provide for the payment of the mem-
bers, officers and contingent expenses of
the General Assembly.
The same message requested the con-
eurrence of the Senate on the joint resolu-
tion authorizing the state treasurer and
state tax collector to receive the auditor's
warrants at par in payment of taxes, and
any debts due the State.
The Senate then resumed the considera-
tion of the city charter. The 34ih and 35th
sections were read, and on motion of Mr.
Bell, amended so as to increase the salary
of the city surveyor and street commissioner
from three to four thousand dollars per
annum, and the sections were adopted as
amended. The several sections from 36 to
64 inclusive, were each read and severally
adopted without amendment.
Section 65 having been read, Mr. Brown-
lee moved to amend by substituting the
words " one hundred " for " five hundred."
Mr. Purcell moved to table the amend¬
ment, which motion was lost by the follow-
ing vote :
Yeas—Messrs. Barrett, Bell, Benson,
Gastinel, Newell, Purcell and O'Connell—7.
Nays—Messrs. Brownlee, Griffith, Hills,
Jones, Lara, Lawton, Mithoff, Montamat,
Springer, Walter, Wright and Wood—12,
The amendment was then adopted ; but
subsequently the vote was reconsidered on
sections 60, 63 and 65.
Mr. Barrett moved to amend section 60
by substituting the words " and shall for-
feit to the city of New Orleans the sum of
$10, to be recovered before any court of
competent jurisdiction," for the words
" within the meaning of section 65 of this
act."
Mr. Purcell moved to amend the amend-
ment by substituting the words " not less
than $50 nor more than $500."
Mr. Montamat moved to strike out all
after the word "act," in the 12th line; but
on motion the 60th, 63d and 65th sections
were passed over informally, when the
several sections from 66 to 75, inclusive,
were each severally read and adopted with-
out amendment.
Section 76 was read and amended so as
to read : " The chairmen of the Finance
Committee and Committee on Streets and
Landings shall receive, each, in full com-
pensation for all their services rendered
under this act, the sum of $100 per month,
and no more." The section was then
adopted as amended.
Section 77 was adopted without amend-
merit.
Section 78 was amended by striking out
all after the word " tax," in the 16th line,
and was adopted as amended.
Sections 79 and 80 were adopted without
amendment.
Section 81 was amended by substituting
the word "June" for the word "May," and
was adopted as amended.
Section 82 was amended in like manner,
and adopted as amended.
Mr. Brownlee moved to adjourn until 12
o'clock m. on Monday, but gave way for
Mr. Montamat to offer the following :
Resolved, That from and after Monday,
the 9th of the present month, the Senate
will hold daily evening sessions, at 5
o'clock P. M.
Mr. Mithoff moved to amend the resolu-
tion so that it will read "hold daily sessions,
commencing at 11 o'clock a. m."
A motion to table the amendment was
lost by the following vote :
Yeas—Messrs. Brownlee, Gastinel, Jones,
Lawton, Montamat, Newell, Purcell and
O'Connell—8.
Nays—Messrs. Barrett", Benson, Delage,
Griffith, Hart, Hills, Lara, Mithoff, Springer,
Walter, Watson, Wright and Wood—13.
The amendment was then carried, and
OF THE
SENATE.
117
the resolution as amended was adopted by
the following vote:
Yeas—Messrs. Barrett, Benson, Delage,
Gastinel, Griffith, Hart, Hills, Jones, Lara,
Lawton, Mithoff, Montamat, Newell, O'Con-
nell, Purcell, Springer,' Walter, Watson,
Wright and Wood—20.
Nay—Mr. Brownlee—1.
Mr. Hills moved to adjourn until to-mor-
row, at 12 o'clock.
Mr. Jones moved to adjourn until Mon-
day, at 11 o'clock a. m.
The vote was taken first on Mr. Jones'
motion, which motion was lost by the fol-
lowing vote :
Yeas—Messrs. Brownlee, Griffith, Hart,
Jones, Purcell, Springer, Watson, Wright
and Wood—9.
Nays—Messrs. Barrett, Benson, Delage,
Gastinel, Hills, Lara, Lawton, Mithoff, Mon-
tamat, Newell, O'Connell and Walter—12.
The question then recurred on Mr. Hills'
motion, which prevailed, and the Senate
adjourned until 12 o'clock m. to-morrow.
Approved.
John E. Neelis,
Secretary.
Saturday, Jan: 7,1865.
The Senate was called to order at 12
o'clock M., pursuant to adjournment, by
Hon. J. Madison Wells, lieutenant gover-
nor and president of the Senate.
The roll being called, the following mem-
bers answered to their names :
Messrs. Barrett, Bell, Brownlee, Benson,
Delage, Griffith, Hart, Hills, Jones, Kava-
nagh, Lara, Lawton, Mithoff, Newell,
O'Connell, Springer, Walter, Wright and
Wood—19.
Prayer was offered by Rev. Mr. Seymour.
The journal of yesterday was read and
approved.
Mr. Bell, on behalf of the Committee on
Auditing and Supervising the Expenses of
the Senate, reported that the committee had
approved the following bills, viz:
No. 47, bill of Gage, Badger & Co., $ 19 37J
48, bill of H. G. Stetson, - " - 657 50
49, bill of H. McManus, - - 10 00
$686 87J
On motion, the foregoing report was
adopted, and the bills therein mentioned
were ordered to be paid.
The city charter, being the unfinished
business, was taken up, and the several
sections were read and adopted without
amendment, from the 84th to the 109th sec-
tions, inclusive, except the following,
which were amended and adopted, as here-
inafter stated.
The 85th section was amended by sub-
stituting the month of " January" for
"March."'
The 88th section was amended by in-
serting between the words " may and em-
ploy," the words " if required."
The 94th and 95lh sections were amended
by inserting the figures " 31 " for " 30."
Section 97 was amended by substituting
the figures " 94, 95 and 96 " for " 119, 120
and 121."
The 60th section, which, together with the
63d and 65th sections, was passed over
informally, was amended, on motion of
Mr. Hills, by adding after the word " act,"
in the 12th line, the following : " And in
case of failure of the person so notified to
attend at the time and place designated,
then the assessor shall make such assess-
ment according to the best of his knowl-
edge, and if the person so assessed or his
agent does not appear within the time
specified, and show that the said assess-
ment is unreasonable, then it shall stand as
a lawful assessment." The section was
then adopted as amended.
The 63d and 65th sections were adopted
without amendment.
On motion of Mr. Hart, the 47th section
was reconsidered, and amended by adding
the following as a substitute for the 3d
clause of said article : " Public hospitals,
asylums, poor houses, and all other char-
i table institutions for the relief of indigent
and afflicted persons, together with all the
property thereto appurtenant; churches,
chapels and other public buildings for re-
ligious worship, with their furniture and
equipments, and the lots of ground appur-
tenant thereto and used therewith, so long
as the same shall be used for that purpose
only ; all public cemeteries."
The bill was then ordered to be engrossed
for its third reading.
Mr. Hills moved a suspension of the rules,
to put the bill on its third reading, but
four-fifths not voting in favor of the motion,
it was lost by the following vote :
Yeas—Messrs. Bell, Benson, Gastinel,
Hills, Kavanagh, Lawton, Mithoff, Monta-
mat, Newell, Springer, Walter, Watson and
Wood—13.
Nays—Messrs. Barrett, Brownlee, De-
lage, Griffith, Hart, Lara, O'Connell and
Wright—8.
Mr. Kavanagh moved to adjourn, which
was lost by the following vote :
Yeas—Messrs. Brownlee, Benson, Delage,
Griffith, Hart and Lara—6.
Nays—Messrs. Barrett, Bell, Gastinel,
Hills, Kavanagh, Lawton,' Mithoff, Monta-
mat, Newell, O'Connell, Springer, Walter,
Watson, Wright and Wood—15.
Mr. Montamat called up the House joint
resolution " To authorize the tax collectors
and treasurer to receive the warrants of the
auditor of public accounts in payment of
all taxes and debts due the State."
Mr. Gastinel moved to reject the joint
118
JOURNAL
resolution, which motion was lost by the
following vote:
Yeas—Messrs. Delage, Gastinel, Ilart,
Kavanagh, Lara and O'Connell—G.
Nays—Messrs. Barrett, Bell, Brownlee,
Benson, Griffith, Hills, Lawton, Montamat,
Mithoff, Newell, Springer, Walter, Watson,
Wright arid Wood—15.
The bill then underwent its first reading.
A motion being madaGo adjourn until 11
o'clock a. m., on Monday, it prevailed, by
the following vote:
Yeas -Messrs. Barrett, Bell, Brownlee,
Benson, Delage, Gastinel, Griffith, Hart,
Hills, Lara, Newell, Springer, \Yalter,
Wright and Wood—15.
Nays—Messrs. Kavanagh, Lawton, Mit-
lioff, Montamat, O'Connell and Watson—6.
The Senate accordingly adjourned.
Approved.
John E. Neelis,
Secretary.
Monday, Jan. 9, 1865.
The Senate was called to order at 11
o'clock a. m., pursuant to adjournment, by
Hon. J. Madison Wells, lieutenant governor
and president of the Senate.
The roll was called, and the following
members answered to their names :
Messrs. Barrett, Brown, Benson, Delage,
Gastinel, Griffith, Hart, Jones, Lara, Law-
ton, Newell, Nicolas, Purcell, O'Connell,
Springer, Walter, Watson, Wright and
Wood—19.
The journal of Saturday was read and
approved.
Mr. O'Connell gave notice of his inten-
tion, on some future day, to introduce an
act for the relief of the Female Orphan
Asylum and Catholic Ladies' Benevolent
Charitable Association of Baton Rouge.
The House bill to establish a bounty
fund for the benefit of Louisiana State vol-
unteers, and to organize a Board of Control
for the receipt and distribution thereof, was
taken up and underwent its first reading-.
second beading.
The hereinafter named bills were taken
np and disposed as hereinafter stated :
Joint resolution relative to establishing
a pension agent. Substitute adopted, and
engros&ed for its third reading.
joint resolution recpiesting the mayor
and Bureau of Finance of the city to do all
that they can for the relief of its suffering
commerce, was adopted.
The joint resolution declaring auditor's
warrants receiveable in the State treasury
in payment of taxes, was referred to a
special committee consisting of Messrs.
Gastinel, Hart aud Jones.
The bill to incorporate the German Evan-
gelical Lutheran Church of Jefferson City,
was referred to the Judiciary Committee.
The bill for the better management of the
Deaf, Dumb and Blind Asylum at Baton
Rouge, was referred to the Committee on
■ Charitable Institutions.
The House bill to provide for the pro-
mulgation and preservation of public, State
and judicial records and requiring judicial
and legislative proceedings to be conducted
only in the language in which the Consti-
tution of the United States is written, was
taken up.
Mr. Montamat moved to strike out in the
ninth line the word " only," which motion
prevailed by the following vote :
Yeas—Messrs. Barrett, Bell, Delage, Gas-
tinel, Hart, Montamat, Newell, Nicolas,
Purcell, Sullivan, Springer, Wright and
Wood—13.
Nays—Messrs. Brown,Griffith, Hills, Lara,
O'Connell, Walter and Watson—7.
The second section was then stricken out.
The bill was adopted as amended, and en-
grossed for its third reading.
The House bill to regulate the practice
of law in this State, was, on motion of Mr.
O'Connell, made the order of the day for
Friday next.
A bill to vest in the Judicial District
Court the trial, punishment and removal
from office of certain 'State officers, was
taken up section by section. The second
section was read as follows :
Sec. 2. Be it further enacted, &c., That
whenever any free white person shall have
any valid cause to accuse any public officer
other than those excepted in the preceding
section, he or she shall address to any of
the courts aforesaid within their respective
jurisdiction, a petition containing a brief
exposition of the acts or deeds of such
public officer, which he or she supposes to
be contrary to law; which petition shall
by him or her be sworn to and signed
before any duly qualified magistrate or
clerk of the court in which the Accusation
is brought, and shall also contain a list of
the persons who can give information rela-
tive to the facts set forth, with a specifica-
tion of the several charges which each
person included in the list can substan-
tiate by his or her testimony.
Mr. O'Connell moved to strike out the
words " free white," so as to permit any
person, whether white or black, to make
complaints.
Mr. Bell moved to table f&e amendment.
Lost by the following vote :
Yeas—Messrs. Barrett, Bell, Lawton,
Montamat, Nicolas, Sullivan, Springer,
Watson and Wright—9.
Nays—Messrs. Benson, Delage, Gastinel,
Griffith, Hart, Hills, Jones, Lara, Newell,
Purcell, O'Connell, Watson and Wood—13.
The amendment was then adopted by the
following vote:
Yeas -Messrs. Benson, Delage, Gastinel,
OF THE
SENATE.
i 19
Griffith, Hart, Hills, Jones, Lara, Newell,
Parcel!, O'Connell, Walter, Wright and
Wood—14.
Nats—Messrs. Barrett, Bell, Brownlee,
Brown, Lawton, Montaniat, Nicolas, Sulli-
van, Springer and Walter—10.
The section was then adopted by the fol-
lowing vote:
Yeas—Messrs. Benson, Delage, Gastinel,
Griffith, Hart, Hills, Jones, Lara, Newell,
O'Connell, Purcell, Walter, Wright and
Wood—14.
Nats—Messrs. Barrett, Bell, Brownlee,
Lawton, Montaniat, Nicolas, Springer, Sal-
livan and Watson—9.
The 3d section was read and amended
' by striking out the words "on filing the ac-
cusation," and inserting in lieu thereof,
" should a true bill be found against the
officer accused." The section was then
adopted as amended.
a message from the governor, through
Mr. Snethen, his private secretary, the Sen-
ate was informed that the governor had
signed and approved the "Act to deline the
duties and fix the compensation of State
printer."-
a message from the House, through
Mr. Westerfield, its clerk, the Senate was
informed that the House is now ready to
receive the Senate in joint session, for the
purpose of electing a United States senatoF.
On motion, the Senate repaired to the
hall of the House of Representatives.
joint session.
Pursuant to the forty-second article of
the constitution of the State of Louisiana,
and in accordance with the following joint
resolution of the Senate and House of
Representatives, adopted on the 4th day of
January, 1865 :
Resolved by the Senate and House of Rep-
resentatives Of the State of Louisiana in
General Assembly convened, That the Senate
and House of Representatives will meet in
joint session in . the hall of the House of
Representatives on Monday, January 9th,
1865, at 1 o'clock p. m., for the pur-
pose of electing a United States senator,
for the term of six years, commencing on
the 4th of March, 1865 :
The two branches of the General Assem-
bly met in the hall of the House of Repre-
sentatives, in joint session, for the purpose
therein set forth, Hon. J. Madison Wells,
lieutenant governor and president of the
Senate, and Hon. S. Belden, speaker of the
House of Representatives, presiding.
The roll of the Senate was called, when
the following senators answered to their
names :
Messrs. Barrett, Bell, Brownlee, Brown,
Benson, Delage, Gastinel, Griffith, Hart,
Hills, Jones, Lara, Lawton, Montaniat,
Newell, Nicolas, O'Connell, Purcell, Sulli¬
van, Springer, Walter, Watson, Wright and
Wood—24.
The roll of the House was then called.
The following representatives answered to
their names :
Messrs. Speaker Belden, Bovee, Bofil,
Bouligny, Baum, Balser, Buckley, Brown,
Badger, Bisbee, Burke, Boudreaux, Ber-
nard, Bangs, Breckeuridge, Belden IT. C.,
Belden R. L., Cook, Creigh, Collins, Cham-
berlain, Christie, Corlev, Duane, Dufresne,
Danel, Egan, Evans, Foley, Gannon, Galli-
gar, Griffith, Ilarnan, Howes, Haberlin,
Henratty, Hawkins, Hawthorne, Ingram,
Kavanagli, Kleas, Laster, Lester, Laloire,
Lewis, McCann, McGuire, Miller AY. D.,
Miller R. M., Maas, Michel, Mace, Marie,
Nephler, O'Conner, Pearson; Prescott, Rob-
inson. Riggs, Spellicy, Seymour, St. Martin,
Shaw, Smith, Senette, Tully, Todd, AValsh,
Waters and AVoodward— 70; making a
total of 94 members of the General Assem-
bly.
The object of the meeting of the joint
session having been explained by the
president to be for the purpose of electing
a United States senator for the term of six
years, commencing on the 4th day of March
next, nominations were declared in order.
Messrs. Baum and Foley nominated Hon.
Michael Ilahn.
Mr. Lewis nominated Hon. Chas. Smith.
There being no other nominations, the
General Assembly proceeded to vote, when
Messrs. Barrett, Bell, Brownlee, Brown,
Benson, Delage, Gastinel, Griffith, Hart,
Hills, Jones, Lara, Lawton, Montamat,
Newell, Nicolas, Purcell, O'Connell, Sulli-
van, Springer, AValter, AYriglit and AVood—
23 senators—and Messrs. Speaker Belden,
Bovee, Bouligny, Bofil, Baum, Balser,
Buckley, Brown, Badger, Bisbee, Burke,
Boudreaux, Bernard, Bangs, Breckenridge,
Belden H. C., Belden R. L.. Cook, Creigh,
Collins, Chamberlain, Christie, Corley,
Duane, Dufresne, Danel, Egan, Evans,
Foley, Gannon, Galligar, Griffith, Harnan,
Howes, Haberlin, Henratty, Hawkins, Haw-
thorne, Ingram, Kavanagh, Kleas, Laster,
Lester, Laloire, McCann, McGuire, Miller,
W. D., Miller R. M., Maas, Michel, Mace,
Marie, Nephler, O'Conner, Pearson, Pres-
cott, Robinson, Riggs, Spellicy, Seympur,
St. Martin, Shaw, Smith*, S«iette, Tully,
Todd, Walsh, Waters and AVoodward—69
representatives, voted for the Hon. Michael
Hahn—making a total of 92 votes for the
Hon. Michael Hahn.
Messrs. AVatson, of the Senate, and
Lewis, of the House, voted for Hon. Chas.
Smith.
On motion, the election of the Hon.
Michael Hahn was declared unanimous.
On motion of Mr. Seymour, a committee
of four members of the Senate and seven
members of the House were ordered to b§
120
JOURNAL
appointed to wait on the Hon. Michael
Hahn, and inform him of his election.
This motion was amended by adding
"and to invite him to address the General
Assembly immediately."
The motion was carried, and the presi-
dent of the Senate appointed Messrs. Jones,
Hills, Benson and Barrett to compose the
committee on the part of the Senate.
The speaker appointed Messrs. Seymour,
Laloire, St. Martin, Foley, Bouligny, Rob-
inson and Baum, on the part of the House.
The committee retired, and, after a short
absence, returned and introduced the Hon.
Michael Hahn, the senator elect.
The Hon. Michael Hahn then proceeded
to address the General Assembly in an ap-
propriate manner, and to return thanks for
the honor which the General. Assembly had
with such singular unanimity conferred
upon him.
At the conclusion of the Hon. Michael
Hahn's remarks, on motion, the Senate re-
tired to its chamber ; when,
On motion, the Senate adjourned until 11
o'clock a. m. to-morrow.
Approved.
John E. Neelts,
Secretary.
Tuesday, Jan. 10, 18G5.
The Senate was called to order at 11
o'clock a. m., pursuant to adjournment, by
Hon. J. Madison Wells, lieutenant governor
and president of the Senate.
The roll was called, when the following
members answered to their names :
Messrs. Barrett, Brown, Benson, Delage,
Griffith, Hart, Hills, Jones, Lawton, Mithoff,
Montamat, Newell, Nicolas, O'Connell, Pur-
cell, Springer, Walter, Wright, Wood—19.
The journal of yesterday was read, cor-
rected and approved.
On motion of Mr. Montamat, the Senate
took up the city charter, which was read
by its title and passed.
The bill vesting in District Courts the
trial, punishment and removal of State offi-
cers, was taken up as the unfinished busi-
ness.
The 4th section befng read, the third line
was amended by inserting the words " with
his counsel," and adopted as amended.
The yeas and nays were demanded on
the adoption of the 9th section, and resulted
as follows :
Yeas— Messrs. Barrett, Bell, Brown, Ben-
son, Delage, Griffith, Hills, Kavanagh, Lara,
Mithoff, Newell, Nicolas, O'Connell, Pur-
cell, Springer,Walter,Wright and Wood—18.
Nays—Messrs. Lawton, Montamat and
Watson—3.
The bill was then engrossed for its third
reading.
second reading.
The hereinafter entitled bills were taken
up at their second reading, and disposed of
as her.eafter stated.
The five bills reported by the Committee
on Banks and Banking, were made the
order of the day for Thursday next.
The House bill to establish a bounty fund
for the benfit of Louisiana State volunteers,
was referred to the Committee on Militia,
with authority to print.
The House bill to provide for the preser-
vation, promulgation and conduct of public
records, judicial and legislative written
proceedings, was taken up at its third
reading.
Mr. Montamat submitted the following
protest against said bill:
On behalf of the constituents whom I
immediately represent, as well as on behalf
of the citizens of French descent, residing
beyond the limits of the city of New Or-
leans, I beg leave to enter upon record my
solemn protest against any attempt to ex-
punge the French language from judicial
and legal proceedings. In so doing, I api
actuated by no clannish nor sectional mo-
tives or prejudices, but with the sole view
of sustaining a principle consecrated by
usage, treaty obligations, and the stern
necessity of the State.
It is needless for me to inquire here how
far binding and obligatory the treaty of
cession of this State by France is upon this
body. This is a question which belongs to
a branch of government distinctive lrom
our own, for final adjudication. But as an
humble mandatory of the people, I claim
and I hold that it is derogatory to the dig-
nity of this body, as well as to the true in-
terests of the State, to attempt to destroy
by a mere stroke of the pen the publica-
tion of our laws, &c., in a language ac-
knowledged to be the mother tongue of a
large portion of our population. To do
this would be quasi evidence of the calumny
sedulously circulated by the enemies of
this government, that our Legislature has
been converted into a Star Chamber, and
that our proceedings are sought to be in-
volved in obscurity.
The French language, since the organi-
zation of the Territory of Louisiana into a
Slate, has been one of the recognized lan-
guages of the same. Our laws, judicial
proceedings and contracts have ever been
recorded in that language ; and even at
this present moment, notarial proceedings
in that language have the full force and
effect of law. This fact rests upon an ac-
knowledged principle, to-wit: public ne-
cessUy. Let this body be warned in time
against the passage of a measure calcu-
lated to do no good, but incalculable mis-
chief; for, at a time when it behoves us
all to conciliate and harmonize, every at-
OP THE
SENATE.
121
tempt to bring about a different result
should be promptly discarded.
Respectfully submitted,
John P. Montamat.
On motion of Mr. Jones, the foregoing
bill was indefinitely postponed by the fol-
lowing vote:
Yeas—Messrs. Barrett, Bell, Brown, Ben-
son, Delage, Gastinel, Hart, Jones, Kava-
nagh, Lara, Lawton, Mithoff, Montamat,
Newell, Nicolas, Purcell, O'Connell, Walter,
Watson, Wright and Wood—21.
Nays—Messrs. Griffith,Hills and Springer
—3.
By a message of the House, the concur-
rence of the Senate was requested in the
joint report of the Joint Committee to ex-
amine the books and accounts of the
auditor and treasurer of the State.
On motion, the Senate then went into
executive session, and on the doors being
opened, the Senate adjourned until 11
o'clock a. m., to-morrow, by 'the following
vote:
Yeas—Messrs. Bell, Brown, Delage, Grif-
fith, Hart, Hills, Jones, Kavanagh, Lara,
Mithoff, Newell, Nicolas, Purcell, Springer,
Watson and Wood—16.
Nays—Messrs. Barrett, Benson, Gastinel,
Lawton, Montamat, O'Connell, Walter and
Wright—-8.
Approved.
John E. Neetjs,
Secretary.
Wednesday, Jan. 11, 1865.
The Senate was called to order, pursu-
ant to adjournment, at 11 o'clock a. m., by
Hon. J. Madison Wells, lieutenant governor
and president of the Senate.
The roll being called, the following mem-
bers answered to their names, viz :
Messrs. Brown, Benson, Delage, Griffith,
Hart, Hills, Jones, Lara, Lawton, Mithoff,
Montamat, Newell, Nicolas, O'Connell,
Springer, Walter, Watson, Wright and
Wood—19.
Prayer was offered by Rev. Mr. Guion.
The journal of yesterday was read and
approved.
Mr. Jones, on behalf of the Judiciary
Committee, reported favorably on the fol-
lowing entitled bills :
"An act to amend article 155 of the Civil
Code."
"An act to amend article 2653" (with
amendment).
"An act to incorporate the First German
Lutheran Evangelical Church of the City
of Jefferson."
The report and resolution of the joint
committee to examine the books and ac-
counts of the auditor and treasurer of the
State, was taken up qnfl underwent its first
reading.
The bill vesting in District Courts the
trial, punishment and removal of State
officers, was taken up and passed with its
title.
On motion, the bill to amend article 2653
of the Civil Code was recommitted to the
Judiciary Committee.
Mr. Montamat moved to adjourn, which
was lost by the following vote :
Yeas—0. _
Nays—Messrs. Barrett,Brownlee,Brown,
Benson, Delage, Gastinel, Griffith, Hart,
Hills, Jones, Kavanagh, Lara, Lawton,
Mithoff, Montamat, Newell, Purcell, O'Con-
nell, Springer, Walter, Watson and Wood
—22.
On motion, the bill to amend article 155
of the Civil Code was taken up..
Mr. Montamat moved to amend by sub-
stituting the following words for the bill:
"There are two classes of servants—white
and black."
Mr. Hills moved to amend the amend-
ment by declaring there are nine classes,
enumerating them from white to the
quadroon.
Mr. O'Connell moved to table all the
amendments, which motion prevailed by
the following vote :
Yeas—Messrs. Barrett, Brown, Benson,
Delage, Gastinel, Griffith, Hart, Hills, Jones,
.Lara, Mithoff, Newell, Purcell, O'Connell,
Walter and Wood—16.
Nays—Messrs. Brownlee, Kavanagh,
Lawton, Montamat, Springer, Watson—6.
Mr. Lawton moved to indefinitely post-
pone the bill, which motion prevailed by
the following vote :
Yeas—Messrs. Brownlee, Brown, Benson,
Gastinel, Kavanagh, Lara, Lawton, Monta-
mat, O'Connell, Springer, Watson, Wright
and Wood—13.
Nays—Messrs. Barrett, Delage, Griffith,
Hart, Hills, Jones, Mithoff, Newell, Purcell
and Walter—10.
Mr. O'Connell gave notice that he would
reconsider the foregoing vote.
Mr. Montamat moved to reconsider im-
mediately.
* Mr. Kavanagh moved to table the motion
to reconsider.
Mr. Hills desired to speak on the motion
to reconsider.
The president ruled that a motion had
been made to table the motion to recon-
sider, and that it was not debatable.
Mr. Hills appealed from the decision of
the chair.
The decision was sustained by the fol-
lowing vote :
Yeas—Messrs. Brownlee, Benson, Hart,
Jones, Kavanagh, Lawton, Montamat, New-
ell, Purcell, Wright and Wood—11.
Nays—Messrs. Barrett, Brown, Delage,
Griffith, Hills, Lara, Mithoff, O'Connell,
Springer and Walter—10.
122
JOURNAL
The vote was then taken and lost, on the
motion to table, as follows :
Yeas—Messrs. Brownlee, Kavanagh,
La'wton and Montamat,—4
Nays—Messrs. Barrett, Brown, Benson,
Delage, Gastinel, Griffith, Hart, Hills, Jones,
Lara, Mithoff, Newell, Pnrcell, O'Connell,
Springer, Walter, Wright and Wood—18.
The motion to reconsider then prevailed
by the following vote :
Yeas—Messrs. Barrett, Brown, Benson,
Delage, Gastinel, Griffith, Hart, Hills, Jones,
Lara, Mithoff, Newell, Pureell, O'Connell,
Walter, Wright and Wood—17.
Nays—Messrs. Brownlee, Kavanagh,
Lawton, Montamat and AYatson—5.
The bill was then adopted on its second
reading, by the following vote :
Yeas—Messrs. Barrett, Brown, Benson,
Delage, Gastinel, Griffith, Hart, Hills, Jones,
Mithoff, Newell, Parcel!, O'Connell, Walter,
Wright, Wood—1(5.
Nays—Messrs.Brownlee,Kavanagh, Lara,
Lawton, Montamat, AVatsoijg-C.
Mr. Brownlee moved to Yuljourn, which
motion was lost by the following vote :
Yeas—Messrs. Jones, Kavanagh, Lara,
Newell, Pureell, Watson, Wood—7.
Nays—Messrs. Barrett, Brown, Benson,
Gastinel, Griffith, Hart, Hills, Lawton, Mit-
lioff, O'Connell, Walter, Wright—12.
The bill to incorporate the First German
Lutheran Church of the City of Jefferson
was, on motion, taken up and passed with
its title, under a suspension of the rules.
The bill to organize free public schools
in the State of Louisiana, was taken up
section by section.
Mr. Lawton moved to amend the first
section by inserting the word "five" for
the word " six," which motion prevailed
by the following vote :
Yeas—Messrs. Brownlee, Benson, Griffith,
Hills, Lara, Lawton, Montamat, O'Connell,
Walter, Wright, Wood—11.
Nays—Messrs. Barrett, Brown, Gastinel,
Hart, Mithoff, Newell, Pureell, Watson—8.
The section was then adopted as amend-
ed ; the second and third sections were read
and adopted without amendment.
The fourth section was amended by sub-
etituting the word " quarterly" for the
word "monthly," and adopted as amended.
The fifth section was read and adopted
without amendment.
The sixth section was read and amended
by substituting the word '• five" for the
word " six," and adopted as amended.
The seventh section was adopted without
amendment.
The eighth section was read : when Mr.
Hills proposed to amend by striking out
the words " an annual salary of two hun-
dred and fifty dollars," and inserting in
lieu thereof " such salary as shall be fixed
by the board of parish directors."
Pending discussion on the section and
the amendment, on motion, the section was
passed over informally-—when
Mr. Brownlee moved to adjourn ; which
motion prevailed by the following vote :
Yeas—Messrs. Barrett, Brown, Brown-
lee, Benson, Gastinel, Griffith, Hart, Hills,
Kavanagh, Lara, Lawton, Mithoff, Newell,
Pureell, Walter, Watson, Wright and Wood
—18.
Nays;—Messrs'. Montamat, O'Connell—2.
The Senate accordingly adjourned until
11 o'clock to-morrow.
Approved.
John E. Neiotjs,
Secretary.
Thursday, Jan. 12,' 1865.
The Senate was called to order at 11
o'clock a. m., pursuant to adjournment, by
Hon. J. M. Wells, lieutenant governor and
president of the Senate.
The following members answered roll-
call, viz:
Messrs. Brown, Benson. Delage, Griffith,
Hart, Jones, Kavanagh. Lara, Lawton, Mit-
hoff, Montamat, Newell, Nicolas, Pureell,
O'Connell, Sullivan, Springer, Walter and
Wood—19.
The journal of yesterday was read and
approved.
Mr. Benson, on behalf of the Committee
on Charitable Institutions, submitted the
following report:
Your committee, to which was referred
the act for the management of the Deaf,
Dumb and Blind Asylum at Baton Rouge,
beg leave to ■ report favorably, and recom-
mend the immediate passage of the act, as
necessity demands immediate action.
All of which is respectfully submitted.
Mr. Gastinel, on behalf of the Judiciary
Committee, reported favorably cn the act
to amend article 2653 of the Civil Code.
The same member, on behalf of the spe-
cial committee to which had been referred
the joint resolution authorizing the state
treasurer and state tax collectors to receive
the auditor's warrants at par. in payment of
taxes and any debts due the State, reported
unfavorably on the same.
Mr. Kavanagh gave notice that he will
move io rescind the resolution fixing fke
hour of meeting at 11 oMloek.
On motion of Mr. Bell, Mr. Lara was ex-
cused for one week.
On motion of Mr. Benson, Mr. Wright
was excused for one day.
The bill to organize the free public
schools was taken up.
Mr. Hills moved to postpone and make
said bill the order of the day for Monday
next.
A motion to table Mr. Hills' motion was
lost by the following vote :
OF THE SENATE.
123
Yeas—Messrs. Bell. Brown, Kavanagh
Montamat, Springer—5.
Nays—Messrs. Benson, Delage, Gastinel,
Griffith, Hills, Jones, Lara, Lawton, Mit-
hoff, Newell, Nicolas, Purcell, O'Connell,
Sullivan, Walter and Wood—16.
The motion to postpone was then car-
ried by the following vote :
Yeas—Messrs. Barrett, Bell, Benson, He-
lage, Gastinel, Giiffitli, Hills, Jones, Lara,
Lawton, Mithoff, Newell, Nicolas, Purcell,
O'Connell, Walter and Wood—17.
Nays—Messrs. Brown, Kavanagh, Monta-
mat and Springer—4.
The House bill to authorize the auditor
of public accounts and state treasurer to
receive expense warrants of the Senate
and House of Representatives, was taken
up at its first reading.
Mr. O'Connell moved to reject the bill,
Which motion prevailed by the following
vote:
Yeas—Messrs. Benson, Delage, Gastinel,
Hart, Hills, Jones, Kavanagh, Lara, Mit-
hoff, Nicolas, Purcell, O'Connell, Sullivan,
Springer and Walter—15.
Nays — Messrs. Barrett, Bell, Brown,
Griffith, Lawton, Montamat and Wood—7.
The several bills reported by the Com-
mittee on Banks and Banking, were, on
motion, made the order of the day for Mon-
day next, after the first and second sections
of No. 1 had been read and adopted.
" An act to amend article 155 of the Civil
Code," underwent its third reading and
was concurred in with its title.
The report of the Committee on Examin-
ing the Books and Accounts of the Auditor
and Treasurer, was taken up and read,
when
Mr. Montamat moved to pript and make
the order of the day for Thursday next.
Mr. O'Connell moved to lay the motion
on the table. This motion prevailed by
the following vote:
"Yeas—Messrs. Barrett, Benson, Griffith,
Hart, Hills, Jones, Newell, Purcell, O'Con-
nell, Springer, Walter and Wood—12.
Nays—Messrs. Brown, Delage, Gastinel,
Kavanagh, Lara, Lawton, Mithoff, Monta-
mat, Nicolas, Sullivan and Watson—11.
The bill was then postponed until Thurs-
day next.
On motion, the Senate then went into ex-
ecutive session, and after some time, the
doors being opened,
On motion, the Senate adjourned until
to-morrow at 11 o'clock a. m.
Approved.
John E. Neelis,
Secretary.
Friday, Jan. 13, 1865.
The Senate was called to order at 11
o'clock a. m., pursuant to adjournment, by
Hon. J. Madison Wells, lieutenant governor
and president of the Senate.
The roll being called, the following mem-
bers answered to their names :
Messrs. Barrett, Brown, Benson, Delage,
Griffith, Hills, Jones, Lara, Lawton, Mit-
hoff, Newell, Nicolas, O'Connell, Purcell,
Springer, Walter, Watson, Wright and
Wood—19.
The journal of yesterday was read and
approved.
Mr. Hills, on behalf of the Committee on
Education, made a verbal report, which was
passed over informally until Monday, when
the subject comes up.
Mr. Hills presented the following, which
was, on motion, laid on the table :
Besolved, That the injunction of secresy
be and hereby is removed from the pro-
ceedings of the Senate in executive session,
on the 10th and 12th inst.
Mr. Kavanagh moved to rescind the
resolution fixing the hour of meeting at 11
o'clock a. m., which motion prevailed, by
the following vote :
Yeas—Messrs. Benson, - Delage, Hills,
Kavanagh. Lara, Nicolas, O'Connell, Pur-
cell, Springer, Wright and Wood—11.
Nays—MessrS. Barrett, Brown, Griffith,
Lawton, Mithoff, Newell, Walter and Wat-
son—8.
The same member then moved that the
hour be fixed at 12 o'clock m., which motion
prevailed, by the following vote :
Yeas—Messrs. Benson, Delage, Griffith,
Hills, Kavanagh, Lara, Nicolas, O'Connell.
Purcell, Springer, Wright and Wood—12.
Nays—Messrs. Barrett, Brown, Lawfon,
Mithoff, Newell, Walter and Watson—7.
Mr. O'Connell presented a preamble and
joint resolution on increase of salaries of
certain clerks, which underwent its first
reading.
Mr. Griffith presented the following :
Be it resolved by the Senate, That Hon. C.
W. Boyce having accepted an office under
the United States government, and having
been absent for several weeks without leave
of absence having been granted to him,
Be it therefore resolved, That the seat of
C. W. Boyce be declared vacant, and that
the governor be requested to order an elec-
tion for a senator to fitt said vacancy.
Mr Purcell moved to table the foregoing
resolution, which motion was lost by the
following vote :
Yeas—Messrs. Barrett, Benson, Hills,
Lawton, Nicolas, Purcell, Walter and
Wood—8.
Nays—Messrs. Brown, Delage, Griffith,
Kavanagh, Lara, Mithoff, Newell, O'Con-
nell, Springer, Watson and Wright—11.
After some discussion, Mr. Hills moved
an indefinite postponement of the whole
subject, which motion prevailed by the fol-
lowing vote:
124
JOURNAL
Yeas—Messrs. Barrett, Brownlee, Ben-
son, Hills, Kavanagh, Lara, Lawton, Mon-
tamat, Nicolas, Purcell, Sullivan, Springer,
Walter, Watson, Wright and Wood—16.
Nays—Messrs. Brown, Delage, Griffith,
Jones, Mithoff, Newell and O'Connell—7.
Mr. Benson presented " An act to enforce
article 123 of the constitution."
Mr. Montamat moved to reject the fore-
going bill, which motion was lost by the
following vote:
Yeas—Messrs. Barrett, Bell, Brownlee
and Montamat—4.
Nays—Messrs. Brown, Benson, Delage,
Griffith, Hart, Hills, Jones, Lara, Lawton,
Mithoff, Newell, Nicolas, Springer, Walter,
Watson, Wright and Wood—17.
The bill then went on the calendar at its
second reading.
The Senate then went into executive ses-
sion, and after some time the doors were
opened, when, on motion, the Senate ad-
journed until 12 o'clock m. to-morrow.
Approved.
John E. Neelis,
Secretary.
Saturday, Jan. 14, 1865.
The Senate was called to order at 12
o'clock m., pursuant to adjournment, by
Hon. J. Madison Wells, lieutenant governor
and president of the Senate.
The roll was called, and the following
members answered to their names :
Messrs. Brownlee, Gastinel, Griffith, Law-
ton, Montamat, Nicolas, Sullivan, Springer,
Walter, Watson, Wright and Wood—12.
There being no quorum, on motion of
Mr. Montamat the Senate adjourned until
12 o'clock m. on Monday.
Approved.
John E. Neelis,
Secretary.
Monday, Jan. 16, 1865.
The Senate met and was called to order
at 12 o'clock, pursuant to adjournment.
Present—Hon. J. Madison Wells, lieuten-
ant governor and president of the Senate,
and the following members : Messrs. Bar-
rett, Bell, Brown, Benson, Delage, Griffith,
Hart, Hills, Jones, Mithoff, Newell, O'Con-
nell, Purcell, Springer, Walter, Watson,
Wright and Wood—19.
Prayer was offered by Rev. Dr Newman.
The journals of Friday and Saturday
were read and approved.
Mr. Hills, on behalf of the Special Com-
mittee to which had been referred the House
bill relative " To the Master and Wardens
of the port of New Orleans," submitted
the following report:
To the honorable the president and ynembers
of the Senate of Louisiana :
Gentlemen—The undersigned, chairman
of your Special Committee to which was
, referred " An act concerning the Master
and Wardens of the port of New Orleans,"
has the honor to report :
The first section of the act in question
makes the master and wardens of this port
the exclusive surveyors of damaged car-
goes, and imposes a fine of fifty dollars on
any other person who shall act in that capa-
city, for each and every offence. The second
section prohibits the sale of damaged goods
at auction, except under the order and
supervision of the master and wardens, and
imposes a fine of $100 upon any auctioneer
who shall offend against this provision.
The professed purpose of this act is to
protect and promote the interests of the
mercantile community; and the under-
signed has taken especial pains to inform
himself of the views and wishes of this class
on the subject. It is a noticeable fact that
the demand for the enactment of such a
law does not come from the persons whose
interests, it is pretended, are to be promoted
by it. On the other hand, "it is known to
come from the port wardens themselves,
who have no legitimate interests at stake,
and who desire it solely for the additional
fees which would be secured to them by
such a law. The bill was proposed by
these officers, and the frequent attendance
of one or more of their representatives in the
lobby, has attested the anxiety with which
they have wratched its fate. Not a mer-
chant, importer, underwriter, or other per-
son, who has legitimate interests at stake,
has asked for such a law ; and yet it is pre-
tended that these are the men in whose be-
half the law was introduced. Who but the
parties themselves have a right to judge of
this matter? ^ If Mr. A., of New York, ships
a cargo to Mr. B., of New Orleans, and Mr.
C. insures it, and the cargo is damaged in
transit, and Messrs. A, B and C, or their
authorized agents here, agree upon and
adjudicate the matter on the spot, to the
satisfaction of all parties concerned, what
business is it to the port wardens, or to
any one else ? The public officers have no
more to do with it than they have with any
other private business transaction. It is
frequently found to be for the mutual in-
terest of all concerned, that the cargo should
be immediately sold out at auction, or even
at the counter of the consignee, and this
course is desired by all whose interests are
involved. But this act proposes to inter-
vene and deny to these parties the right to
settle their own business affairs in their own
way. And why? Simply and solely that
the port warden may get his fees for ser-
vices not only unnecessary, but distasteful
to all interested in the transaction.
To say, as has been asserted in the dis-
cussion of this question, that the fees of the
port wardens are insufficient to support
OF THE
SENATE
125
them, is neither an answer to these propo-
sitions nor a vindication of this act. Such
a statement, to have application to the case,
must rest upon the monstrous assumption
that offices are created for the benefit of
office-holders, and not for the good of the
community; that public officers are to be
regarded as birds of prey, and not servants
of the public welfare. If the legitimate
and necessary duties of the port wardens
are not sufficient to keep them employed,
then let their number be reduced, their
duties transferred to other hands, or their
office abolished altogether. Public posi-
tions are not charitable institutions ; and if
it be the duty of the State to support a
class of officers whose services are not re-
quired, let it be done by a direct appropri-
ation, rather than by an enactment which
shall cripple and burden commerce.
The undersigned is unable to find a par-
allel for the extraordinary power here
sought to be conferred upon the port war-
dens. The Legislature of New York, in
1846, passed an act by which the parties
interested can call upon a warden to sur-
vey a damaged cargo or not, as they may
elect If they sell the goods at auction
without a port warden's certificate, then
they must pay the regular tax levied upon
goods sold at auction by the laws of the
State. If they obtain such certificate, then
the goods are exempt from such tax; but
the matter is left wholly to the option of
the parties interested, for the evident and
sound reason that men dealing with each
other in lawful commerce have the natural
and legal right to agree upon their own
terms and conclude their own bargains.
The act in question would be an unwar-
ranted and indefensible interference with
the freedom of trade; and would impose
upon the mercantile class the services of
agents whether wanted or not.
If any one is suffering grievances from
the absence of such a law as this, it must
be either the shipping merchant, the con-
siguee and importer, or the underwriter.
No other party could possibly be aggrieved.
But does the shipping merchant, the con-
signee or importer, or the underwriter peti-
tion us for redress, and tell us he wants
such a law ? No ; on the contrary, they
are unanimous in protesting against it.
Are we to suppose that the port wardens
understand their wants and opinions better
than they themselves understand them?
By what authority can the port wardens
claim to represent them ?
The undersigned has deemed it his duty
to give our commercial men an opportunity
to speak for themselves in this matter. He
has the honor herewith to submit to the
Senate their vigorous and earnest protest
against this proposed measure. So far from
desiring such a law, they declare it would
be detrimental to their interest and an out-
rage upon commerce.
It will be seen that the document bears
the signature of many of the most honored
and respected names known to our mercan-
tile community. They represent all legiti-
mate interests involved in this question;
and it would be strange, indeed, if the
Senate, under the pretence of promoting
their interests, should so utterly disregard
their wishes as to pass this bill.
The undersigned is of opinion that the
proposed act would be highly detrimental
to commerce and contrary to justice and
common sense, and he recommends that it
be rejected by the Senate.
All of which is respectfully submitted.
Alfred C. Hills,
Chairman of Special Committee.
To Hon. A. C. Hills, chairman oj Senate
Committee on Port Warden bill■
The undersigned merchants and under-
writers of New Orleans view with alarm
the attempt now making in the Legislature
to pass an "Act concerning the master and
wardens of the Port of New Orleans," hav-
ing for its object the revival of an odious
monopoly altogether antagonistic to the
spirit of the age, and which it was hoped
was forever extinguished, and they respect-
fully but earnestly protest against it, be-
cause, under the guise of protection to-
public interests, it imposes arbitrary, unjust,
unconstitutional, and unnecessary restric-
tions upon commerce, and invades, with-
out reasonable cause, the rights of the
citizens.
We cannot see why, when all the parties
interested in damaged goods are actually
present to take care of themselves, they
should not have the same liberty of action
and the same uncontrolled power over
their property, as they would have if the
property was -undamaged.
In most cases, when damaged merchandize
arriving in this port is insured in any
of our local companies, the merchant
compounds the loss by accepting an agreed
upon sum of money in compensation, and
makes the best disposition he can of the
damaged goods, which then becomes as
wholly and entirely his as they would have
been had they arrived in a sound condi-
tion. Sometimes his interests are best
served by sending them to the auctioneer
he is accustomed to employ, to be publicly
sold; sometimes by selling them from his
own counter, but under this "Act," although
no person whatsoever is interested in the
goods but. himself, he is not allowed to send
them for sale to any auctioneer, "except
under the order and supervision of the
master and wardens of the Port of New
Orleans," for no other visible purpose than
126
JOURNAL
that the unfortunate merchant, whose
hopes of profit have been already defeated
by the accident to his goods, should be
further despoiled by the exaction of fees
for services which he neither demands nor
desires, and which can only be injurious to
him. While, on the other hand, if the un-
derwriters pay a total loss to the merchant
and take the damaged goods to account,
they are not allowed by this "Act," to sell
them at auction without a further loss in
the shape of port warden's fees, whose in-
terference in the sale cannot be of the
slightest service to them.
This forced interference of the port
wardens, in the matter of .damaged cargo,
was first introduced into our commercial
usages, and justified on the ground that
most of the marine insurance was effected
in distant ports, and that the insured parties
required the assistance of documents
emanating from recognized government
officers, to prove their claims against the
underwriters abroad, and to that extent and
for that purpose the interference was wise
and beneficial. But circumstances are
altogether changed since that time : our
marine insurance companies have largely
increased, and now cover the greater
portion of the risks afloat belonging to our
resident merchants, and distant companies,
both in America and Europe, who are
interested in the remainder are represented
here by regularly appointed agents, who
watch over their interest's and make
settlements for them so that the original
cause and necessity for employing port
wardens as checks and referees has
altogether ceased, and their interference
now can only be injurious to the interests
they are supposed by this "Act" to
protect.
Thomas A. Adams,
President Board of Underwriters.
Charles Brtggs,
Vice-President Board of Underwriters.
Arthur C. Waugh,
On behalf o' the Marine Underwriters of
New York, Boston, Philadelphia, Balti-
more, Lloyds' of London, and the Liv-
erpool Underwriters' Association.
Geo. A. Fosdick, Weed,Witters & Co.,
S. D. Moody & Co., E. W. Burbank,
Russell & Hall, Thompson & Barnes,
D. Fatjo & Co., S. B. Be vans & Co.,
J. H. Carter, Griffin & Porch,
IIowland & Otis, A. B. Speir.
John H. Keep.
On motion, the report was ordered to lie
over until the other members of the com-
mittee could report, and Mr. Montamat was
appointed on said committee in place of
Mr. Lara, who is now absent from the city.
Mr. Delage presented the following reso-
lution:
Whereas. The non-attendance of mem¬
bers of this body, without leave of absence,
is highly detrimental to its proceedings 5
therefore,
Be it resolved, That every member of the
Senate who has vacated, or who will here,
after vacate his seat for a longer period than
two weeks at a time, except in case of sick-
ness, without a proper permission of this
body, it shall be deemed satisfactory evi-
dence of the willingness of said member to
resign, and a sufficient cause to inform the
executive to issue a writ of election to fill
the said vacancy.
A motion to table the foregoing resolu-
tion was lost by the following vote :
Yeas—Messrs. Bell, Gastinel, Hills, Kav-
anagh, Montamat, Sullivan, Springer, Wat-
son and Wood—9.
Nays—Messrs. Brownlee, Brown, Benson,
•Delage, Griffith, Hart, J»ones, Lawton, Mit-
hoff, Newell, O'Connell, Wright- and Wal-
ter—13.
Mr. Benson moved to amend the resolu-
tion by adding the following proviso :
Provided, This resolution shall not apply
to the case of Hon. C. W. Boyce.
Mr. Hills moved to amend the proviso so
that the resolution shall not apply to absent
or present members.
The amendment to the amendment was
lost by the fol! owing vote :
Yeas — Messrs. Bell, Brownlee, Hills,
Kavanagli, Montamat, Sullivan, Springer,
Watson and Wood—9.
Nays—Messrs. Brown, Benson, /Delage,
Gastinel, Griffith,- Hart, Jones, Lawton,
Mithoff, Newell, O'Connell, Walter and
Wright—13.
On motion of Mr. O'Connell the whole
subject was referred to the Finance Com-
mittee.
Mr. Benson moved to adjourn, which
motion was lost by the following vote :
Yeas—Messrs. Benson, Delage, Walter
and Watson—4.
Nays—Messrs. Bell, Brownlee, Brown,
Gastinel, Griffith, Hart, Hills, Jones,
Kavangh, Lawton, Mithoff, Montamat,
Newall,. O'Connell, Sullivan, Springer,
Wright, and Wood—18.
Mr. O'Connell obtained leave and
introduced a bill for the relief of the
Female Orphan Asylum and Catholic Ladies'
Benevolent Association at Baton Rouge,
which was read, when Mr. Bell moved to
suspend the rules in order to put the bill
on its second reading, which motion
prevailed by the following vote:
Yeas—Messrs. Bell, Brownlee, Brown,
Delage, Gastinel, Hart, Hills, Jones,
Kavanagh, Lawton, Montamat, O'Connell,
Sullivan, Springer, Walter and Wright—17.
Nays—Messrs. Benson, Griffith, Watson
and Wood—4.
A motion to go into committee of the
whole for the purpose of considering the
OF THE SENATE.
127
foregoing bill, was carried by the, following
vote ;
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Benson, Delage, Gastinel, Hart,
Lawton, Montamat, O'Connell, Sullivan,
Springer, Walter and Wright—15.
Nays—Messrs. Griffith, Hills, Jones,
ICavanagh, Watson and Wood—6.
The Senate then went into committee of
the whole, with. Mr. Hart in the chair. After
a short session, the committee rose and
reported that it had said bill under consi-
deration, and reported the same back fa-
vorably without amendment. The bill was
then adopted without amendment on its
second reading.
A motion to adjourn was then made and
lost by the following vote : i
Yeas—Messrs. Brownlee, Benson. Delage,
Griffith, Kavanagh, Walter, Watson, Wright,
and Wood—9.
Nays—Messrs. Barrett, Bell, Brown, Gas-
tinel, Hart, Hills, Lawton, Montamat,
Newell, Purcell, O'Connell, Sullivan and
Springer—13.
Mr. O'Connell moved a further suspen-
sion of the rules, to pass the bill tor the
relief of the Female Orphan Asylum and
Catholic Ladies' Benevolent Association at
Baton Rpuge, which motion was lost, four-
fifths not voting in favor of the motion.
The Senate then adjourned until 12
o'clock m., to-morrow.
Approved.
John E. Neelis,
Secretary.
Tuesday, Jan.17, 1865.
The Senate met and was called to order
at 12 o'clock m., pursuant to ^djotffntnent.
Present—Hon. J. Madison Wells, lieuten-
,ant governor and president of the Senate,
and the following members :
Messrs. Barrett, Bell, Brownlee, Brown,
Benson, Delage, Griffith, Hart, Hills, Jones,
Kavanagh, Lawton, Mithoff, O'Connell,
Sullivan, Springer, Waller, Wright and
Wood—19.
Prayer was offered by Rev. Mr. Strong.
The journal of yesterday was read and
approved.
Mr. Springer, on behalf of the Committee
on Militia, reported favorably on the House
bill " To establish a bounty fund for the
benefit of Louisiana State volunteers, and
to organize a Board of Control for the re-
ceipt and distribution thereof."
The president announced that at the re-
quest of Mr. Sullivan, he had appointed Mr.
Gastinel on the Committee on Banks and
Banking, in place of Mr. Sullivan; also,
that he had appointed Mr. Jones as an addi-
tional member of said committee.
Mr. Hills presented the following joint
resolution, instructing the senators and re-
questing the representatives of Louisiana,
in Congress, to vote for the constitutional
amendment prohibiting slavery:
Be it resolved by the Senate and House of
Representatives of the State of Louisiana, in
General Assembly convened, That our United
States senators be and hereby are instructed,
and that our representatives in Congress be
and hereby are requested to use all their
influence and cast their votes in favor of
the proposed amendment to the constitu-'
tion of the United States, forever prohibit-
ing slavery in all the States and Territories,
and the General Assembly hereby pledges
itself to ratify such amendment-, if made.
The foregoing resolution having been
read, on a suspension of the rules it was
! read a second time and adopted. On a
further suspension of the rules, the same
was read a third time and passed with its
title, by the following vote :
Yeas—Messrs. Barrett, Bell, Brown, Ben-
son, Delage, Gastinel, Hart, Hills, Jones,
Kavanagh, Mithoff, Newell, O'Connell, Pur-
cell, Springer, Walter, Wright and Wood
—18.
Nays — Messrs. Brownlee, Lawton and
Sullivan—3.
On motion of Mr. Bell, leave of absence
was granted to Mr. Watson, on account of
sickness.
Mr. Jones presented " An act to enable
certain persons to construct a steamboat
canal form Vermillion bay to the Sabine
river." Said bill underwent its first read-
ing.
Mr. Purcell, on behalf of the Committee
on Ways and Means, reported favorably, by
substitute, on "the House bill authorizing
the issuing of State treasury notes.
second reading.
The Senate took up the following on their
second reading, and disposed of the same as
hereafter stated :
"Joint resolution on increase of the sala-
ries of certain clerks." Referred to Com-
mittee on Finance.
" An act to enforce article 123 of the
constitution." Referred to the Judiciary
Committee.
"An act to amend article 2653 of the
Civil Code." Adopted, and ordered to be
engrossed for third reading.
"Joint resolution authorizing the state
treasurer and state tax collector to receive
the auditor's warrants at par in payment of
taxes and any debts due the State." This
bill was indefinitely postposed, by the fol-
lowing vote :
#Yeas—Messrs. Barrett, Bell, Benson, De-
lage, Griffith, Hart, Hills, Jones, Kavanagh,.
Lawton, Mithoff, Newell, O'Connell, Pur-
cell, Sullivan and Walter—16.
Nays—Messrs. Brownlee, Brown, Griffith,.
Wright and Wood—5.
"The bill for the relief of the Female
128
JOURNAL
Orphan Asylum and Catholic Ladies' Be-
nevolent Association, of Baton Rouge."
On motion of Mr. Hills, the vote adopting
the foregoing bill on its second reading was
reconsidered. The bill was then amended
by striking out the 3d section, which de-
clared " that this appropriation shall be
paid in preference to all other claims."
Thus amended, the rules were suspended
and the bill passed with its title.
The bill to amend "An act to provide for
the better management of the Institution
for the Deaf, Dumb and Blind," was ordered
to be printed and made the order of the day
for Friday next.
. By a message from the House, through
Mr. Westerfield, its clerk, the concurrence
of the Senate was requested in the follow-
ing House bills:
"An act to facilitate the work of the
Bayou Lafourche and Mississippi Land Im-
provement Company."
" An act to provide for the election of a
state tax collector for the parish of Jeffer-
son."
"An act to amend article 3465 of the
Civil Code."
On motion of Mr. Barrett, the foregoing
bills were taken up and underwent their
first reading.
Mr. Bell presented the following resolu-
tion, which was adopted :
Resolved, That the Committee on Internal
Improvements be and are hereby instructed
to examine into the condition of affairs of
the New Canal Company—said canal run-
ning from the new basin, in the city of New
Orleans, to Lake Pontchartain—and report
to the Senate whether or not the charter of
said company has expired ; and if so, to
report to the Senate if it would be advisable
to renew said charter.
The bill relative to attorneys at law was
called up, and on motion of Mr. O'Connell
it was indefinitely postponed.
The bill to organize the free public schools
was recommitted to the Committee on Pub-
lie Education, with instructions to print its
report.
On motion, the Senate then adjourned
until 12 o'clock M. to-morrow.
Approved.
John E. Neeijs,
Secretary.
"Wednesday, Jan. 18,1865.
The Senate was called to order at 12
o'clock m., pursuant to adjournment.
On motion of Mr. Hills, Mr. Lawton took
the chair, but no quorum was then present.
Mr. Gastinel, president pro tern., appeared
and took the chair, when the roll was called,
and the following members answered to
their names:
Messrs. Bell, Brownlee, Brown, Benson,
Gastinel, Griffith, Hart, Hills, Jones, Law-
ton, Mithoff, Nicolas, O'Connell, Purcell,
Sullivan, Springer, Walter, Wright and
Wood—19.
Prayer was offered by the Rev. Mr.
Chubbuck.
The journal of Tuesday was read and
approved.
Mr. Hills, chairman of the Committee on
Education, reported that the bill prepared
by the committee had been placed in the
printer's hands.
On motion of Mr. Hills, Mr. O'Connell
was allowed further time to make a mi-
nority report from the Committee on Ways
and Means.
Mr. Hills, chairman of the committee ap-
pointed to make investigations relative to
the master and wardens of the port of New
Orleans, stated that he had submitted his
report, and wished to be discharged from a
further consideration of the subject.
The chair decided that, by a vote of the
Senate, the whole matter had been post-
poned until the return of Mr. Lara.
Mr. Hills raised a point of order as to
whether the Senate had not tacitly received
the report, by postponing its consideration.
The chair decided that the report was
still in the hands of the committee.
Mr. Nicolas gave notice that he would
introduce a bill " To grant a new charter
to the town of Thibodaux, parish of La-
fourche."
Mr. Hills gave notice that he would in-
troduce " An act concerning the master and
wardens of the port of New Orleans."
The bills reported by the Committee on
Banks and Banking, being the order of the
day, Mr. Kavanagh moved that their con-
siderafion be* postponed till the bills be
submitted to the new members recently
added to the committee.
On this motion the yeas and nays were
called, resulting as follows :
Yeas—Messrs. Barrett, Delage, Hills,
Jones, Kavanagh, Nicolas, O'Connell and
Purcell—8.
Nays—Messrs. Bell, Brownlee, Brown,
Benson, Gastinel, Griffith, Hart, Lawton,
Mithoff, Montamat, Sullivan, Springer, Wal-
ter, Wright and Wood—15.
A motion by Mr. Kavanagh to postpone
till Thursday of next week was tabled, as
was also a motion by Mr. Delage to post-
pone till Wednesday.
Mr. O'Connell then moved that the mat-
ter be postponed till Tuesday next; and on
Mr. Monlamat's motion to table that offered
by Mr. O'Connell, the yeas and nays were
called, resulting as follows :
Yeas—Messrs. Bell, Brown, Griffith, Law-
ton, Mithoff, Montamat, Sullivan, Springer,
Walter and Wright—10.
Nays—Messrs. Barrett, Brownlee, Ben-
son, Delage, Hart, Hills, Jones, Kavanagh,
OF THE SENATE.
129
Nicolas, O'Connell, Purcell and Wood—12.
Mr. Montamat moved- to adjourn till to-
morrow at 12 m., which motion was adopted
by the following vote :
Yeas—Messrs. Bell, Brownlee, Brown,
Griffith, Hills, Jones, Kavanagh, Lawton,
Mithoff, Montamat, Nicolas, Purcell, Sulli-
van, Walter and Wood—15.
Nats—Messrs. Barrett, Benson, Delage,
Gastinel, Hart, O'Connell, Springer and
Wright—8.
The Senate then adjourned until Thurs-
day, the 19 th inst.
Approved.
John E. Neelis,
Secretary.
Thursday, Jan. 19, 1865.
The Senate was called to order at 12
o'clock, m., pursuant to adjournment, the
Hon. J. Madison Wells, liutenant governor
and ex-officio president of the Senate, pre-
siding.
Present—Messrs. Barrett, Bell, Brownlee,
Brown, Benson, Delage, Griffith, Hart,
Jones, Kavanagh, Lawton, Mithoff, Monta-
mat, Nicolas, O'Connell, Purcell, Sullivan,
Springer, Wright and Wood—20.
The journal of Wednesday was read and
adopted.
Mr. Jones, from the Judiciary Committee,
reported unfavorably on the bill to repeal
the 14th, 15th, 16th, 17th and 18th sections
of " An act relative to elections," and re-
commended the appointment of a joint
committee of both Houses to revise the
general election law.
On motion of Mr. Montamat, the report
was adopted, and the appointment of a joint
committee was authorized.
Mr. O'Connell, from the Committee on
Ways and Means, presented a lengthy mi-
nority report, taking grounds that the issue
of State treasury notes -or warrants, to be
used as money, was at once impolitic and
unconstitutional.
During the reading of the above men-
tioned report, Mr. Nicolas was called to the
chair ; but soon after Mr. Gastinel appeared
and took his seat as president pro tem.
On motion of Mr. Montamat, the report
presented by Mr. O'Connell was received,
and the committee was discharged.
Mr. Barrett, from the committee appointed
to consider the bill in relation to the masters
and wardens of the port of New Orleans,
reported as follows :
To the president and members of the State
Senate:
The undersigned, members of a special
committee appoint9d on " An act concern-
ing the masters and wardens of the port of
New Orleans," beg leave to report that
they have thoroughly investigated the
subject before them, and find that the bill
b9
is simply an act to enforce the provisions
of a law defining the duties of, and
establishing fees for, the masters and war-
dens of the port of New Orleans, for the
protection and encouragement of trade and
commerce, as well as for the protection of
importers, consignees, masters and owners
of vessels and insurance officers, which, in
the opinion of your committee, should meet
the approval of the Senate ; otherwise, the
law cannot be enforced—the offices of
masters and wardens will be a nullity and
should be abolished. We therefore recom-
mend the passage of the bill, and ask to be
discharged.
John T. Barrett,
John P. Montamat.
Mr. Hills requested that this report be
also received, and, on motion of Mr. Mon-
tamat, both reports were received and the
committee discharged.
On motion of Mr. Hills, leave of absence
was granted to the assistant secretary of
the Senate, on account of illness.
Leave of absence was also granted to Mr.
Walter for a few days, on account of illness
in his family.
On motion of Mr. Montamat, the Com-
mittee on Banks and Banking were allowed
to present a supplemental report, as
follows :
New Orleans, Jan. 18, 1865.
The Committee on Banks and Banking
would respectfully report that having care-
fully examined the report of the former
committee, and the five acts submitted De-
bember last by the Committee on Banks
and Banking, we would recommend the
passing of said acts as measures necessary
for the liquidation of the same, and for the
benefit of the public at large.
W. Mithoff, Chairman.
L. Gastinel,
Robert Byron Jones,,
John P. Montamat.
Mr. O'Connell moved that the several
bills reported by the Committee on Banks
and Banking be postponed till Wednesday
next. On this motion the yeas and nays
were called, with the following result:
Yeas —Messrs. Barrett, Delage, Hart,
Hills, Kavanagh, Nicolas, O'Connell and
Purcell—8.
Nays—Messrs. Bell, Brownlee, Brown,
Benson, Griffith, Jones, Lawton, Montamat,
Mithoff, Sullivan, Springer, Wright and
Wood—13.
The bill " To facilitate the liquidation of
certain Free banks," was taken up on its
second reading, and on the adoption of the
1st section the yeas and nays were called;
with the following result:
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Benson, Hart, Hills, Jones, Lawton,
Mithoff, Montamat, Nicolas, O'Connell, Pur-
cell, Sullivan, Springer and Wood—17.
130
JOURNAL
Nays—Messrs. Delage, Griffith, Kava-
Sfcag-h and Wright—4.
For the second section, which provides
for the appointment of three commissioners
hy the board of managers of each of the
Free banks named in the bill, to-wit: the
Bank of New Orleans, the Union Bank, the
Mechanics' & Traders' Bank, the Crescent
<3itj Bank, and the Merchants' Bank, to
attend to the liquidation of said banks, Mr.
Purcell offered a, substitute, providing
that the commissioners in question shall be
appointed by the governor, by and with the
adviee and consent of the Senate.
On motion of Mr. Mithoff, the substitute
was laid on the table by the following
scoter
Yeas—Messrs. Brown, Benson, Delage,
•Griffith, Hills, Lawton, Mithoff, Montamat,
Nicolas, Sullivan and Wright—11.
Nays — Messrs. Bell, Brownlee, Hart,
Xones, Kavanagh, O'Connell, Purcell,
Springer and Wood—9.
'The second section was then adopted.
All the other sections were adopted with-
♦Mil amendment, save the filling of the
Flanks, which, in the third section, was, on
motion of Mr. Mithoff, filled with the word
"thirty," and in the eighth section, on mo-
lion of Mr. Kavanagh, with "one thou-
sand." The bill was then adopted as a
whole, and ordered to be engrossed for its
third reading.
By a message from the House, through
Mr. Westerfield, its clerk, the signature of
the president was requested to an enrolled
act entitled "An act to incorporate the First
German Evangelical Lutheran Church of
the City of Jefferson." Also, "An act to
amend article 155 of the Civil Code of
Louisiana."
The bill entitled "An act to authorize
and require the authorities of the city of
New Orleans to issue duplicate bonds and
coupons to the Free banks in lieu of the
bonds formerly issued and pledged by the
banks for certain purposes with the several
auditors of the State of Louisiana," was
taken up, when, on motion of Mr. Hills, the
further consideration of the bill was post-
poned till to-morrow.
On motion of Mr. Montamat, the Senate
then adjourned.
Approved.
John E. Neelis,
Secretary.
Friday, Jan. 20, 1865.
The Senate met pursuant to adjourn-
aient, the Hon. J. M. Wells, lieutenant
governor and president of the Senate pre-
siding.
Present—Messrs. Barrett, Bell, Browhlee,
Brown, Benson, Delage, Griffith, Hart,
.Tones, Kavanagh, Lawton, Mithcff, Monta-
mat, Newell, O'Connell, Sullivan, Watson,
Wright, Wood—20.
Prayer was offered by the Rev. Father
Murphy.
The journal of Thursday was read and
approved.
Mr. Montamat, on behalf of the Finance
Committee, presented the annexgd report,
which, on motion, was adopted :
To the honorable president and members of
the Senate:
Gentlemen—Your committee beg leave
to submit the following report of the Fi-
nance Committee of the Senate of funds
appropriated for payment of per diem of
members, salaries of officers and emyloyds,
and also lor contingent expenses, from the
opening of the regular session, January 2d,
1865, to January 21st, 1865.
On warrant No. 1—-Paid per diem
of members for six days, ending
January 7th $1296 00
On warrant No. 2—Paid salaries
of officers and employes 636 00
On warrant No. 3—Paid to J. F.
Wood, sergeant-at-arms, for con-
tin gent expenses 686 87
On warrant No. 4—Paid per diem
of members for seven days, end-
ing January 14th. 1512 00
On warrant No. 5—Paid salaries
of officers and employe's 742 00
On warrant No. 6—Paid per diem
of members for seven days, end-
ing January 21st 1512 00
Ou warrant No. 7—Paid salaries
of officers and employes 742 00
Total .$7126 87
All of which is respectfully submitted.
John P. Montamat,
Chairman.
John Sullivan,
li. R. Benson.
The same committee reported unfavor-
ably on the bill to increase the salaries of
certain clerks in the departments of the
state auditor and treasurer," and,
On motion of Mr. Hills, the report was
received.
A message from the House, through Mr.
Westerfield, its clerk, announced concur-
rence in the joint resolution requesting the
delegation of Louisiana, in Congress, to
vote for the proposed amendment to the
constitution of the United States, &c., and
asked concurrence in a substitute for the
Senate bill entitled -An act to organize the
police of the city of New Orleans."
On motion of Mr. Hi] is. the secretary of
the Senate was instructed to notify the
governor of the State of the passage of the
joint resolution requesting our delegation
in Congress to vote for the proposed amend-
ment of the constitution ot the United States
to prohibit slavery. &e.
OP THE
SENATE.
131
The following report was, on motion of
Mr. Hills, received and adopted :
New Orleans, Jan. 20, 1865.
The Auditing and Supervising Commit-
tee on Expenses of the Senate report that,
after due examination, they find the follow-
ing bills, with complete vouchers, to be
correct, and have approved and audited
the same, viz:
No. 50—Bill of J. H. Peters $13 00
No. 51—Bill of N. O. Bee 17 00
No. 52—Bill of N. O. Times 126 55
No. 53—Bill of True Delta 80 00
No. 54—Bill of Picayune 78 00
No. 55—Bill of Postmaster 10 80
No. 56—Bill of John P. Wood.... 9 75
No. 57—Bill of Israel Jones 60 00
$395 10
Robert B. Bell,
Chairman.
R. R. Benson,
Z. Griffith,
John Sullivan,
John Purcell.
On motion of Mr. Bell, the following ma-
jority and minority reports, presented by
members of the Committee on Ways and
Means, were ordered to be spread upon the
journal:
The Committee on Ways and Means, to
whom was referred " An act authorizing
the issuing of State treasury notes," report
the following act as a substitute for the
same. John Purcell, Chairman.
John A. Newell,
A. Wood. ■
Jan. 17, 1865.
an act
To authorize the issue of treasury warrants
for outstanding debts of the State of
Louisiana.
• Section 1. Be it enacted by the Senate and
House of Representatives of the State of Lou-
isktna, in General Assembly convened, That
the auditor of public accounts be and he is
hereby authorized to issue warrants on the
treasurer of the State in payment of all
debts against the State, in the manner,
form and amount hereinafter mentioned,
which warrants shall bear interest from the
date of issue at the rate of six per centum
per annum, until said warrants are finally
paid.
Sec. 2. Be it further enacted, &c., That
the warrants thus issued on the state
treasurer by the auditor of public accounts,
as herein authorized, shall be receivable in
payment of all State, parochial or munici-
pal taxes, or in payment of any debts due
to the State, parish, or any corporation
within the State.
Sec. 3. Be it further enacted, &c., That the
amounts of warrants so issued shall not
exceed the sum of one million dollars,
($1*000,000,) and that said warrants shall
be issued in amounts to meet the demands
of th^creditors of the State in sums of ten,
twenty and fifty dollars, and the form of
said warrants shall be as follows :
Ho. v . $
state of louisiana,
Office of Auditor of Public Accounts,
Hew Orleans—day of 1865.
The treasurer will pay to bearer dol-
lars, with interest at the rate of six per
cent, per annum, from date until paid.
Signature of j
state treasurer, j
j Signature of audi-
{tor of public accounts.
********
On the back of each warrant shall be en-
graved the following words: " This war-
rant will be received in payment of all
debts due to the State of Louisiana, and to
all municipal corporations within the State,
according to act approved 1865.
Sec. 4. Be it further enacted, &c., That the
state treasuer shall sign said warrants,
number each one, and register the same in
a book, or books, to be kept in his office
for that purpose.
Sec. 5. Be it further enacted, &c., That all
the assets and incomes of the State, not
otherwise appropriated, are hereby pledged
for the payment of the interest and prin-
cipal of said warrants, ($1,000,000,) issued
in accordance with the provisions of this
act, and shall remain pledged until final
redemption of said warrants by the State.
Sec. &. Be it further enacted, c&c., That if
at the expiration of one year after the date
of the first warrants issued, the state
treasurer shall have received in payment of
debts due the State the sum of fifty thou-
sand dollars, or less, in warrants issued by
the auditor, then, that officer shall, in the
presence of the governor, auditor or public
accounts, secretary of state and attorney
general, destroy, by fire, the entire amount
of warrants received by him as above, in
the state treasury, and each succeeding year
the same duty shall be repeated, until all
said warrants shall be redeemed and de-
stroyed.
Sec. 7. Be it further enacted, &c.. That
when the warrants have once been received
by the state treasurer for debts due the
State, the warrants so received shall not be
re-issued, but shall be cancelled and de-
stroyed, as provided for in section 6.
Sec. 8. Be it further enacted, &c., That the
sum of ten thousand dollars, or so much
thereof as may be necessary, be and the
same is hereby appropriated for the engra-
ving and printing of said treasury-notes, to
be paid in the usual manner, on the war-
rant of the State auditor.
Sec. 9. Be it further enacted, &c., That this
act shall take effect from and after its
passage.
132
JOURNAL
MINORITY REPORT OP THE COMMITTEE ON
WAYS AND MEANS, ^
To which was referred the House bill author-
izing the issue of five hundred thousand
dollars of state treasury notes.
To the Honorable the President and members
of the Senate:
The undersigned would most respectfully
state, that as a member of the Committee
of Ways and Means, I cannot coincide with
the views of the majority of your commit-
tee, in recommending the passage of a sub-
Stitute for the bill authorizing the issue
of state treasury notes, for the following
reasons:
1. The passage of either the original or
substitute, I consider to be a violation of
section tenth of article first of the constitu-
tion of the United States, which is as fol-
fows: " No State shall coin money, emit
bills of credit, make any thing else but gold
and silver coin a legal tender in payment of
debts."
2. The issue of these bills or warrants
would very materially deteriorate the al-
ready embarrassed condition of the state
credit.
3. It would kill trade and commerce, as
exchange, would get so high on account of
the worthlessness of the contemplated issue.
4. It would have the effect of expunging
from the State a portion of the issue of the
general government, thereby depriving her
of so much credit.
5. There being no provision made for
the redemption of the principal, or pay-
ment' of the interest, except a very indefl-
nite provision of all the assets and resour-
ces of the State," except such as will not be
otherwise appropriated,"which is a violation
of article No. 114 of the State constitution
of 1864.
In regard to the first objection, the lan-
guage of the constitution itself is so plain,
and the sense so clearly expressed, that no
words could be used to imply more directly
that these are of the family of bills of credit.
Let us take a retrospective view and
inquire the causes which led the framers of
that instrument to insert this prohibition,
and the evil which it was intended to guard
against. We will find that as early as 1690,
the province of Massachusetts issued " bills
of credit." The form of these bills were
much like the bills passing now as issued
by Congress. They were not made a ten-
der in payment of debts, except those due
the State, and in the same manner that the
bills contemplated to be issued in this State
are to be. In 1702 she again emitted bills
of credit, but they were not a tender to
even the treasury by the act authorizing
their issue, and the duties of imposts and
excise tax were directed to be appropriated
to the redemption of these bills, as was also
a special tax of ten thousand pounds, to be
collected on polls and real estate. An act
passed subsequently, in 1712, made these
bills a tender in payment of private debts.
In 1720 the colony of Rhode Island issued
bills of credit similar to those of Massachu-
setts.
In 1709 the colonies of New York and
Connecticut issued bills of credit similar to
those already enumerated, and appropriat-
ing a special tax for their redemption. The
New York bills were to be received for all
dues to the State, and to bear an interest of
five per cent. Pennsylvania, Maryland, the
Carolinas, Virginia and Georgia, all issued
bills of credit—hence the necessity of re-
stricting the individual States from uttering
their own money. Look at the state of
affairs when the constitution was framed—
and even later, say 1830, the amount of
worthless paper then afloat was equal to
four hundred millions of dollars. In 1780
the States were compelled to draw in their
circulation at the rate of forty for one, and
issue others in place of them, which were
to bear five per cent, interest, redeemable
in six years, to be issued on the credit of
the States, and secured by pledge of the
United States. This new scheme died, as
few of the old issue were brought in, the
holders thinking it better to hold on to forty
dollars of worthless paper than go to the
trouble of swapping off forty for one bad
one. The result was, that this enormous
amount of four hundred millions of dollars
died a quiet and natural death in the hands
of its forced nurses—the public. Thus was
a paper currency issued on the faith and
security of the general government, and
declared to be equal to gold and silver,
suffered to perish in the hands of the starv-
ing millions of poor people compelled to
receive it
The twelfth article of the confederation
declares, that all "bills of credit emitted and
moneys borrowed, &c., by or under the
authority of Congress, in pursuance of the
confederation, shall be considered as a
charge against the United States, for pay-
ment and- satisfaction whereof' the said
United States and the public faith are
hereby solemnly pledged." When has this
pledge ever been redeemed? The act of
Congress for the liquidation of the public
debt directs bills of credit to be estimated
at the rate of one hundred for one, in specie.
Without going any further from home to
look for an example that should disgust
every honest thinking man, we need only
look at the ruin entailed on the poor duped
people of the States in insurrection, by the
issue of millions of treasury notes issued by
Jefferson Davi3 and his advisers. This
money was based on what appeared to be
good and solvent security : the faith of the
States forming the compact and their crops
of cotton and other products. I would
OF THE
SENATE.
133
ask, what is it worth ? Experience tells us
nothing! I would venture to say, that there
were not fifty men in Louisiana at the time
when that money was issued, that did not
think it a good and sound currency. Paper
will not stand the test, no matter how able
the financier that fathers the scheme. It
invariably dies a premature death.
It is astonishing that men should still
persist in a course so inevitably ruinous as
sad experience has taught the issue of paper
currency to be ; and it is more astonishing
yet when the attempt to issue it is an open
and palpable violation of the constitution
of the United States. The issue of these
warrants are nothing more or less than
treasury notes or bills of credit under a
misnomer. The gentlemen who father this
gigantic scheme will tell you that they are
not bills of credit; that they are evidences
©f debt. To emit bills of credit conveys
to the mind very clearly the idea of issuing
paper to circulate throughout the commu-
nity, for its ordinary purposes, as money;
which paper is redeemable at a future date.
This is the sense in which the terms of the
Constitution is understood, and so it was
understood by the Supreme Court, in the
case of Craig vs. the State of Missouri, when
she Issued money on the credit and pledged
her own faith. [See 4th Peters, pages 410,
432, 441 and 442.] The phrase was well
known and generally understood to indi-
Cate the paper currency issued by the States
when in their colonial dependence.
I am «ure the gentlemen cannot deny
that these warrants (or bills of credit, more
properly speaking), are to circulate as a
medium of paper currency through the
community, as the second section of the
bill provides, and if such be the case, what
can they be but bills of credit under a false
name?
I have yet to be convinced that when
inserting the prohibitory clause, the wise
men who framed the constitution intended it
should prohibit a thing because it bore a
particular name, but intended to prohibit
that same evil, no matter under what name
it might appear. Any other interpretation
would accord badly with our opinion of the
wisdom of those great men. It is the height
of absurdity to say that these warrants are
legal and do not affect the constitution, but
change the denomination and call them
bills of credit, and they are illegal and
unconstitutional. That is equal to saying
it is the name and not the offence that is to
be stayed, and which the constitution guards
against; or it is the denomination and not
the bills emitted that caused so much suf-
fering among the people. In that same
manner every article, section and word of
the constitution can be violated, and every
law and legislative enactment that has been
brought into existence from the days of
Blackstone down to the present, can be
violated with impunity.
Let a person steal my horse, watch or
purse, and when caught, say he borrowed it,
he has committed no offence against the law
and should not be punished, because he
chooses to change the name of the offence.
Call any thing a bill of credit, and it is ille-
gal; call the same thing a certificate of
indebtedness, and it is legal. This indeed
a most clever way to get round the difficul-
ty, and the enemies of the government, who
are now in open rebellion against us, have
found refuge in this same argument, by call-
ing this monstrous rebellion a justifiable
secession.
We are told that they are not bills of
credit, as they are npt pronounced a legal
tender. There is but one answer necessary
to show the lightness of this argument. The
prohibition is general: it extends to all
bills of credit; not to bills of any particular
class.
A tender law may be enacted independ-
ent of, and separate from, an emission of
bills of credit; and vice versa. This shows
that the fact of their not being made legal
tender does not at all mitigate the offence,
as the action on one is entirely independ-
ent of the other. [See Craig vs. State of
Missouri, 4 Peters, pp. 433, 434.]
And as further proof of these facts, none
of the bills of credit issued by Congress
during the whole period of the revolution
were made legal tender ; and the Supreme
Court was much in doubt whether even Con-
gress had the constitutional authority to
make them legal tender. Congress has
assumed that power in the issue of the
present currency. It remains yet with the
Supreme Court to decide if Congress has
or has not overreached itself; and should
the Supreme Court decide against the right
of Congress, that would not make our pres-
'ent greenbacks any thing more or less than
bills of credit.
The State is already so overbur'thened
with debt, and her credit is so low, that it is
our duty to lighten rather than weigh her
down any more. I am indisposed to accu-
mulate a debt without some corresponding
benefit. I do not see any benefit to arise
from this debt, except an expense of five per
cent, interest, increasing very materially the
already unpaid interest on the various debts
of the State, which we may hear of being
protested at any day. Our State bonds,
bearing a good interest and maturing daily,
are going at the rate of forty-five per cent.,
and then only are they passable at the coun-
ter of the Bank of New Orleans for the pur-
pose of drawing in their worthless circula-
tion, that they might assist thereby in the
liquidation of their affairs. They can be
bought in New York for less than forty per
centum with the coupons on. The new
134
JOURNAL
issue is never quoted, as nobody will have
any thing to do with it. They are avoided
like an epidemic by the dealers, and simply
because there is no appropriation or funds
for the payment of the interest or the re-
demption of the principal. Under these
circumstances, it would be impossible to
issue these proposed warrants, or, more
properly speaking, " bills of credit."
It is tli£ most natural tiring in the world
that even if these bills were perfectly legal,
and that you could circulate one million
dollars throughout the State, waiving the
question of their legality, you would ex-
punge from the State so much of the cur-
rency of the United States, thereby impair-
ing the credit of the general government,
which should be avoided,.especially in times
of war, when every tendon is stretched for
the life of the nation. To support, rather
than impair, the interests of the govern-
ment, should be our first object.
If these bills are issued, they will never
be redeemed, but will die in the hands of
the holders, as did the four hundred mil-
lions for which the credit of the United
States was pledged, as there is no appro-
priation for their redemption.
Article 114 of the constitution of Louisiana
of 1864.provides that "whenever the Legisla-
ture shall contract a debt to the amount of
the sum of one hundred thousand dollars,
unless in case of war, to repel invasion, or
suppress insurrection, they shall, in the law
creating the debt, provide adequate ways
and means for the payment of the current
interest and principal, when the same shall
have become due, and the said law shall be
irrepealable until interest and principal
are both fully paid and discharged; or
unless the repealing law shall contain some
other adequate provision for the payment
of the principal and interest of the debt."
This very essential provision of the con-
stitution is not complied with, as there
is no special appropriation made for
the redemption of these bills of credit,
except that section 5th provides, that such
assets and income of the State as shall not
be appropriated for other purposes, shall
be pledged for their redemption. The
State is now so much straightened for suf-
ficient money to defray her expenses in
endeavoring to carry on her government,
and half feeding her indigent people, that
I am at a loss to perceive how she can set
anything aside for the payment of this con-
templated scheme.
The only way that it could be done
would be to levy a special tax for the pay-
ment of the interest and redemption of the
principal. In that way the State constitu-
tion could be satisfied, but in no way that
you can do, can you satisfy the constitution
of the United States, by issuing these bills
of credit.
With these objections, I cannot agree
with the majority of your committee, and
would respectfully offer this minority re-
port and ask for its adoption with the fol-
lowing resolution.
All of which is respectfully submitted.
J. D. O'CoNNELL.
Jan. 19, 1865.
Resolved, That the foregoing minority
report be received and adopted, and that
the majority report offered as a substitute
for the House bill, authorizing the issue of
five hundred thousand dollars of state
treasury notes, be rejected, and that the
committee be discharged from any further
consideration of the same.
The following preamble and resolution,
presented by Mr. Bell, was adopted :
Whereas, There now exists in this com-
munity a large number of very poor labor-
ing men, with large families depending on
them for support, and who can barely, with
all their industry, earn sufficient means for
their support; and
Whereas, An order has been promulgated
for a draft in this State ; therefore,
Be it resolved, That the governor of this
State be requested to communicate to the
General Assembly what measures, in his
estimation, should be taken to obviate the
great distress that must naturally fall upon
the poor laboring class, from the enforce-
ment of said draft.
The chair appointed the following named
to represent the Senate in the joint com-
mittee to revise the general election law, to-
wit: Messrs. Hart, Kavanagh and Lawton.
Mr. Bell presented the following resolu-
tion, which was adopted :
Resolved, That the Committee on Internal
Improvements be and are hereby instructed
to confer with the House committee on the
expediency of engaging the Odd Fellows'
Hall for the purpose of a State House;
jflso, to ascertain if it affords the requisite
accommodations for the General Assembly
and officers of the State government.
Mr. Hills, from the Committee on Educa-
tion, reported the public school bill, as it
had been amended ; and,
On motion of Mr. Delage, the bill was
received, and the reading thereof dispensed
with.
Mr. Hart was called to the chair.
The bill " To authorize and require the
authorities of the city of New Orleans to
issue duplicate bonds and coupons to the
Free banks, in lieu of the bonds formerly
issued and pledged by the banks for certain
purposes, with the several auditors of the
State of Louisiana, was taken up. and Mr.
Mithoff addressed the Senate at consider-
able length in favor of adopting it.
Mr. O'Connell moved that ten thousand
copies of the speech be printed and circu-
lated. The yeas and nays were demanded
OF THE
SENATE
13§
on a motion to table the motion to print,
with the following result:
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Benson, Delage, Hart, Hills, Law-
ton, Nicolas, Purcell, Sullivan, Springer,
Watson, Wright and Wood—16.
Nats—Messrs. Kavanagh, Mithoff, Mon-
tamat, Newell and O'Connell—5.
On motion of Mr. Montamat, Mr. Mithoff's
speech was ordered to be spread on the
minutes.
The speech is as follows :
" Mr. President—It seems to me that the
Senate thinks that these laws are offered to
benefit the banks. If so, I will try to ex-
plain my own views upon this point. It is
of so much importance, that only after
much consultatiou we could come to the
conclusion how to provide for the different
interests at stake, and to do so without in-
flicting injustice or serious injury on any
party. Article No. 109 of our constitution
prohibits us from passing ecc post facto or
retroactive laws or laws impairing the obli-
gations of contracts.
Article No. 122 says : "Bill-holders shall
be entitled to preference in payment over
all other creditors." The banking law of
1855, establishing Free banks, guards this
obligation of the constitution in the fullest
sense. The great object, therefore, to be
obtained, was to secure bill-holders, and
this can only be done by restoring the
bonds pledged for this special purpose with
the State authorities. There was no doubt
enterthined as to the perfect safety of doing
this by any merchant, banker, lawyer, or
judges, consulted by me. The only diffi-
culty was the coupons, which could not be
identified without the bond. This difficulty
was overcome by prohibiting the payment
of them without producing the bond itself,
which can be identified, and the endorse-
ment on the back of each bond prevents
the sale of them.
The sale of these bonds is no more pos-
sible than of a stolen note not endorsed by
the payde, and even that celebrated Cana-
dian judge,"of no jurisdiction notoriety,"
would so decide it. .
This cannot be the real objection to the
bill. If we do not authorize the measure
contemplated, who will, in the end, be the
gainer? Only the banks themselves. It
would enable them to withdraw their circu-
lation for a trifle, and leave bonds, with
accrued interest, to be divided between
them. The banks prefer to be left in their
present state. They would greatly prefer
us to leave it to the decision of the courts,
but our constituents, the unfortunate bill-
holders, would alone be the losers. Too
many of them have spoken upon this matter
to me. No court could, in common justice,
give judgment against the banks. The law
creating them forces them to deposit with
the auditor certain kinds of bonds to secure
their circulation, which bonds are signed
and identified by the auditor, who is the
stakeholder between the bank and the bill-
holder. That law allows the banks to with
draw the same, if an equal amount of cir-
culation notes are delivered to the auditor.
The banks have strictly complied with
the law; are willing to comply with all
its provisions ; and can, in common justice,
demand of the State compliance with its
own laws. It is a measure of so much im-
portance, such doubtful result, and of such
plain injustice, to proceed against the banks
by legal process, that even that great states-
man, General Nathaniel P. Banks, did not
adopt it, although strongly urged to do so
by the majority of the commission ap-
pointed by him to examine the banks. . He
could have done so by military power,
without doubtful result, which, in a civil
action, would not be the case.
Mr. President, we have the reports of all
our State officers before us, but not one*
hints even that the la^ should be invoked
against the banks. It was a problem to be
solved by this Legislature ; and. we, as the
guardians of the honor of this State, must
do justice to the bill-holders first, and to
the banks also. Is there one senator upon
this floor who does not know why the note-
holder cannot be paid? Our printed re-
port pointed it out. Are we here only to
bind on the people taxation, and not to
relieve them and assist them to recover
what is justly due to them, if a perfect
Stranger, as Gen. Banks was, delayed, after
investigating the laws, action against these
banks ?
You that know all the particulars of that
terrible time during the rebel rule, well
know that no law was respected, that in-
justice and outrage against every man was ■
committed who was suspected ; aye, merely
suspected of not applauding, of not ap-
proving measures of the grossest injustice
done by them. Imprisonment, threats of
Lynch law, or transportation to Jackson,
in Mississippi, to be hung, was the remedy .
Can you hesitate to adopt measures which
must prove beneficial to the public at large,
without injury to any party concerned I
By the opposition of the members on this
floor, who are in the employ of this city, I
suspect there are reasons which, perhaps,
will not bear scrutiny. Will it be neces-
sary to investigate whether the city has
complied with the laws of this State? I
must admit that I begin to get suspicious..
Several measures that have been before us
of importance, and rife with good inten-
tions, the same members have opposed.
By what law does the city issue her notes
in such abundance ? It will be worthwhile
to inquire
Mr. President, the passage of these acts
136
JOURNAL
will enable us to procure means for the
exhausted State treasury, without adopting
such a doubtful measure as issuing State
notes, warrants, or whatever other scheme
has been proposed. There are several
hundred thousand dollars locked up—at
least there should be, in. the National
Bank—deposited to pay the interest due by
the city on the bonds belonging to the
banks. This money lies perfectly idle
there, and who is really the owner of it,
the people or the note-holder ? The banks
could loan us this money, if we authorize
the treasurer to receive the checks of the
banks to the same amount for taxes; the
people can buy these checks with the notes
of the bank, and thus be relieved of their
bank notes. If the banks receive what
really belongs to them, they can organize
under the National banking system; and
it would not take very long to withdraw all
their circulation, and our national cur-
rency would supplant all the other paper
circulation. Louisiana is still a wealthy
State, and although Under a temporary
cloud, can emerge in all her former splen-
dor. What is the real cause of her depres-
sion ? Why are our State bonds so low in
the market? It is not because our debt is
great, but because we do not pay the
interest due upon it. I hold it far more
honorable in us to pay the interest and
increase our debt, than to act dishonorably
and shield ourselves behind the unsettled
state of affairs.
Let us pay the interest due with State
bonds, redeemable in a few years," and there
is no doubt that in less than six months the
State can borrow money at as reasonable
rates as the United States. Next year the
new canal, with 120 feet on each side, will
belong to the State. The company values
it at over one million dollars. We have
millions of acres of land, which, managed
with honesty, are sufficient to pay more
than the State owes. Adopt an honest and
upright policy, throw away the dishonest
and crooked way of politicians, and there
is and can be no doubt of the greatest
prosperity for the future of the State of
Louisiana."
On the adoption of the first section of the
bill the yeas and nays were demanded,
resulting as follows :
Yeas—Messrs. Griffith, Jones, Lawton,
Mithoff, Montamat, Newell, Nicolas, Wat-
son, Wright and Wood—10.
Nays—Messrs. Barrett, Bell, Brownlee,
Brown, Benson, Delage, Hart, Hills, Kava-
nagh, Purcell, Sullivan and Springer—12.
The first section being rejected, Mr. Hills
moved that the bill be laid on the table in-
definitely, which motion was adopted by
the following vote :
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Benson, Delage, Hart, Hills, Kava-
nagh, Purcell, Sullivan, Springer, Watson
and Wright.—14.
Nays:—Messrs. Griffith, Jones, Lawton,
Mithoff, Montamat, Newell, Nicolas, Wood
--8.
Messrs. Montamat and Mithoff asked per-
mission to withdraw from the Committee
on Banks and Banking, but the required
permission was refused by a vote of the
Senate.
The third of the series of bills reported
by the Committee on Banks and Banking,
was then taken up, when Mr. Kavanagh
moved that it be laid on the table indefi
nitely, which motion was lost.
On motion of Mr. Montamat the further
consideration of the bill was postponed till
Monday next, and, on motion of Mr. Nicolas,
the rest of the series of bills was also post-
poned till Monday.
Mr. Hills moved that the action of yes-
terday in adopting the bill for the liquida-
tion of certain Free banks, be reconsidered.
On this motion the yeas and nays were
called, with the following result :
Yeas—Messrs. Barrett, Delage, Hart,
Hills, Kavanagh, Nicolas, Purcell and
Springer—8.
Nays—Messrs. Bell, Brownlee, Brown,
Benson,. Griffith, Jones, Lawton, Mithoff,
Montamat, Newell, Sullivan, Walter, Wood
and Wright—14.
Mr. Wright moved that the Senate ad-
journ till Monday, the 23d inst., at 12
o'clock m. The yeas and nays being de-
jnanded, the result was as follows :
Yeas—Messrs. Brownlee, Griffith, Hart,
Hills, Jones, Kavanagh, Lawton, Mithoff,
Newell, Nicolas, Purcell, Sullivan, Spring-
er, Watson, Wright and Wood—16.
Nays—Messrs. Bell, Brown, Benson, De-
lage and Montamat—5.
The Senate consequently adjourned till
Monday.
Approved.
_ John E. Neelis,
Secretary.
Monday, Jan. 23, 1865.
The Senate was called to order pursuant
to adjournment, Hon. J. Madison Wells,
lieutenant governor and president of the
Senate, presiding.
No quorum being present, Mr. Kavanagh
moved, that owing to the illness of the
secretary and assistant secretary, and the
fact that Tuesday, the 24th inst., had been
proclaimed a holiday by the governor of
the State, the Senate do now adjourn till
Wednesday.
The motion was adopted, and the Senate
consequently adjourned.
Approved.
John E. Neelis,
Secretary.
OF THE
SENATE.
Wednesday, Jan. 25, 1865.
The Senate met and was called to order
at 12 o'clock m., pursuant to adjournment.
Present—Hon! J, Madison Wells, lieu-
tenant governor and president of the Senate
Sresiding, and the following members :
[essrs. Bell, Brown, Benson, Gastinel, Hart,
Hills, Jones, Kavanagh, Lara, Lawton, Mit-
hoff, Newell, O'Connell, Purcell, Sullivan,
Springer, Walter, Wright and Wood—19.
The journals of Friday and Monday were
read and approved.
The following named members were ex-
cused on account of illness, viz: Messrs.
Brownlee, Delage and Boyce.
Mr. Sullivan presented the following,
which was received, and, on motion of Mr.
Purcell, it was referred to the Committee
on Militia:
Whereas, The safety of the lives and
property of the citizens of this city depends,
in a great measure, on the noble and self-
sacrificing body-of men, the firemen of the
city of New Orleans, whose devotion to
their arduous and dangerous duty merits
the esteem and approbation of all classes of
this community; and
Whereas, A draft has been ordered to
take place in this department on the 15th of
February, 1865, in which order there is no
provision made to exempt this body of men
from said draft; therefore,
Be it resolved, That the Committee on
Ways and Means, of the Senate, be in-
structed to devise such measures as, in their
opinion, will meet the necessity of this case,
and that said committee be requested to
report to the Senate at as early a day as
possible. •
The House substitute for the " Bill to
organize the police of the city of New Or-
leans," underwent its first reading.
The Senate then took up the following
bills at their second reading, and disposed
of them as hereinafter stated :
" An act to provide for the election of a
state tax collector in and for the parish of
Jefferson." Referred to the Judiciary
Committee.
"An act to amend article 3465 of the
Civil Code." Adopted, and engrossed for
its third reading.
" An act relative to increase of the sala-
ries of certain clerks."
Mr. Gastinel moved to reject said bill.
Lost, by the following vote:
Yeas—Messrs. Brown, Boyce, Gastinel,
Lawton, Mithoff, Montamat, Newell, Sulli-
Van and Walter—9.
Nays—Messrs. Barrett, Bell,Griffith, Hills,
Jones, Kavanagh, Nicolas, O'Connell, Pur-
cell, Springer and Wood—lLj-jp^
Mr. Montamat moved to print and make
the bill the order of the day for next month,
which motion was amended, on motion of
Mr. O'Connell, to Tuesday, at 1 o'clock,
after a motion to table tlje original motion
had been made, and lost by the following
vote:
Yeas—Messrs. Barrett, Bell, Boyce, Grif-
fith, Hills, Jones, Newell, O'Connell, Walter
and Wood—10.
Nays—Messrs. Brown, Gastinel, Hart,
Kavanagh, Lawton, Mithoff, Montamat,
Nicolas, Purcell, Sullivan and Springer—11.
Mr. Montamat moved to indefinitely post-
pone the further consideration of the sub-
ject, which motion was tabled by the fol-
lowing vote :
Yeas—Messrs. Barrett, Bell,Griffith, Hart,
Hills, Jones, Kavanagh Nicolas, O'Connell,
Purcell, Walter, Wright and Wood—13.
Nays—Messrs. Brown, Boyce, Gastinel,
Lawton, Mithoff, Montamat, Sullivan and
Springer—8.
Mr. O'Connell moved the previous ques-
tion, which was seconded by the following
vote:
Yeas—Messrs. Barrett, Bell,Griffith, Hart,
Hills, Jones, Kavanagh, Lara, Newell,
Nicolas, O'Connell, Purcell, Wright and
Wood—14.
Nays—Messrs. Brown, Boyce, Benson,
Gastinel, Lawton, Mithoff, Montamat, Sulli-
van, Springer and Walter—10.
The question was then put on Mr. Mon-
tamat's motion, as amended by Mr. O'Con-
nell, and was carried by the following vote:
Yeas — Messrs. Barrett, Bell, Brown,
Boyce, Benson, Griffith, Hart, Hills, Jones,
Kavanagh, Lara, Newell, Nicolas, O'Con-
nell, Purcell,Walter,Wright arid Wood—18.
' Nays—Messrs. Gastinel, Lawton, Mithoff,
Montamat, Sullivan and Springer—6.
The bill was consequently ordered to be
printed, and made the order of the day for
Tuesday next.
"An act to facilitate the works of the
Bayou Lafourche and Mississippi Land Im-
provement Company." Referred to the
Committee on Public Lands, with the fol-
lowing additional members,who were added
to the committee only for the purpose of
considering this bill, viz : Messrs. Purcell,
Barrett, Benson, Newell, Montamat and
Jones.
" An act to establish a bounty fund for
the benefit of Louisiana volunteers, and to
organize a board of control for the receipt
and distribution thereof." This bill was
taken up section by section.
For the first section, Mr. Gastinel pre-
sented the following substitute :
That the governor, lieutenant governor,
and adjutant general of the State shall be
and are hereby empowered and authorized
to establish a bounty fund for the benefit of
Louisiana State volunteers, and to organize
themselves into a board to receive contri-
butions from corporations, companies, the-
atres, balls, concerts, and all funds the
Legislature may appropriate.
138
JOURNAL
The substitute was adopted.
The second section was stricken out.
The third section was amended and
adopted, as follows : "That the limit for the
first distribution of the fund shall be made
in the month of December, 1865, an equal
portion to each State volunteer; or, in case
of his death, his wife ; or, in case of her
death, then his child or children; and if
not called for at such time, shall be set
apart tor a period not exceeding six months'
additional, and shall be held for such fur-
ther time in the hands of the state treasurer;
and if not called for at the expiration of
six months, shall be then transferred in the
manner hereinafter provided."
Mr. Montamat presented a substitute for
the whole bill,which substitute was ruled out
of order, not being germain to the question
before the Senate, but being altogether a
new and different subject matter.
Mr. Montamat gave notice of his inten-
tion to offeiShis substitute as a new bill, on
some future day.
Pending the reading of the fourth section,
the Senate adjourned until 12 o'clock m.,
to-morrow.
Approved.
John E. Neelis,
Secretary.
Thursday, Jan, 26, 1865.
the Senate met and was called to order
at 12 o'clock m., pursuant to adjournment.
Present — B*>n. J. Madison Wells, lieu-
tenant governor and president of the Senate,
and the following members : Messrs. Bar-
rett, Bell, Brown, Boyce, Benson, Gastinel,
Griffith, Hart, Hills, Jones, Lara, Lawton,
Mithoff, Montamat, O'Connell, Purcell,-
Springer, Walter, Watson, Wright and
Wood—21.
Prayer was offered by Rev. Mr. Gilbert.
The journal of yesterday was read and
approved.
Mr. Boyce, on behalf of the Committee on
Militia, reported favorably on the preamble
and resolution offered by Mr. Sullivan on
yesterday, and which had been referred to
said committee.
" The bill to establish a bounty fund for
the benefit of Louisiana State volunteers,
and to organize a board of control for the
receipt and distribution thereof," being the
unfinished business of yesterday, was taken
up, and the remaining sections were each
severally read and adopted without amend-
The bill was then adopted as a
wiiole on its second reading, as it had been
amended. •
" The bill to authorize the governor and
treasurer and auditor of the State of Lou-
isiana to issue duplicate bonds and coupons
to the Free banks, in lieu of the bonds for-
merly issued and pledged by the banks for
certain purposes, with the several auditors
of the State of Louisiana," was taken up,
on motion of Mr. Mithoff. The first section
having been read, a motion to adopt the
same was lost, by the following vote :
Yeas—Messrs. Barrett, Gastinel, Griffith,
Lawton, Mithoff, Montamat, Newell, Nico-
las, Walter and Wood—10.
Nays—Messrs. Bell, Brown, Boyce, Ben-
son, Hart, Hills, Kavanagh, Lara, Purcell,
Springer and Wright—11.
Mr. Hills moved to postpone its further
consideration indefinitely, which motion was
lost by the following vote :
Yeas—Messrs. Brown, Boyce, Benson,
Hart, Hills, Kavanagh, Lara, Purcell,
Springer and Wright—10.
Nays—Messrs. Barrett, Bell, Gastinel,
Griffith, Lawton, Mithoff, Montamat, Newell,
Nicolas, Sullivan and Wood—11.
On motion of Mr. Montamat, the bill was
then recommitted to the Committee on
Banks and Banking. •
By a message from the House, through
Mr. Westerfield, its clerk, the concurrence
of the Senate was requested in " An act to
define the duties of state tax collectors."
The same message also informed the
Senate that the speaker had appointed
Messrs. Meeks, Laster, Tully, H. C. Belden
and Hawthorne, as a Committee of Confer-
ence, on the part of the House, on the bill
relative to elections.
On motion of Mr. Montamat, the " Bill to
organize the police of the city of New Or-
leans," was ordered to be printed and
made the order of the day for 1 o'clock
p. m., to-morrow.
The Senate then adjourned until 12
o'clock m., to-morrow.
Approved.
John E. Neelis,
Secretary.
Friday, Jan. 27, 1865
The Senate met, and was called to order
at 12 o'clock m., pursuant to adjournment.
Present: Hon. J. Madison Wells, lieuten-
ant governor and president of the Senate,
and the following members :
Messrs. Barrett, Brown, Boyce, Benson,
Griffith, Hart, Jones, Kavanagh, Lawton,
Mithoff, Montamat, Newell, Nicolas, Pur-
cell, O'Connell, Springer, Walter, Watson
and Wright—19.
Prayer was offered by Rev. Father
Murphy.
The journal of yesterday was read and
approved.
On motion of Mr. Newell, Mr. Bell was
excused for non-attendance to-day.
Mr. Springer gave notice that on some
future day he will introduce " An act to
provide for the payment of a bounty to
volunteers from this State."
OF THE SENATE.
139
Mr. Boyce made a personal explanation
relative to his recent absence from the
Senate.
On motion, Mr. Boyce's excuse was re-
ceived by the Senate.
Agreeably to previous notice, Mr. Mon-
tamat presented " An act to appropriate
bounty money to the First Regiment New
Orleans Volunteers."
Mr. Kavanagh presented the following :
Be it resolved, That hereafter the Senate
shall adjourn every Friday to the next
Monday following. •
Mr. Jones moved to lay the resolution on
the .table, which motion was lost, by the
following vote :
Yeas—Messrs. Brown, Boyce, Benson,
Jones, Lara, Lawton, Mithoff and Wright
—8.
Nats—Messrs. Barrett, Delage, Gastinel,
Griffith, Hart, Kavanagh, Montamat, New-
ell, Nicolas, Purcell, O'Connell, Springer,
Walter, Watson and Wright—15.
The resolution was then adopted.
Mr. O'Connell moved a reconsideration
of the vote adopting the foregoing resolu-
tion, which motion was tabled by the fol-
lowing vote :
Yeas—Messrs. Barrett, Delage, Gastinel,
Griffith, Hart, Jones, Kavanagh, Lara,
Mithoff, Montamat, Newell, Nicolas, Pur-
cell, Watson, Wright and Wood—1*6.
Nays—Messrs. Brown Boyce, Benson,
Hills, Lawton, O'Connell, Springer and
Walter—8.
Mr. Jones moved to adjourn until Mon-
day next, at 12 o'clock m., which motion
was lost by the following vote :
Yeas—Messrs. Jones, Lawton, Mithoff,
Newell, Nicolas and Wood—6.
Nays—Messrs. Barrett, Brown, Boyce,
Benson, Delage, Gastinel, Griffiiji, Hart,
Hills, Kavanagh, Lara, Montamat^urcell,
O'Connell, Springer, Walter, Watson and
Wright—18.
On motion of Mr. Jones, the bill to en-
able certain persons hereinafter named to
construct a steamboat canal from Vermillion
Bay to the Sabine river, at a point near
the mouth of the Neches river, in Texas,
was read and referred to the Committee on
Internal Improvements.
The bill to organize the police of the city
of New Orleans, and providing for a police
commission, was read, when
Mr. Lawton moved to adjourn ; which
motion was lost by the following vote :
Yeas—Messrs. Brown, Boyce, Benson,
Griffith, Jones, Lara, Lawton, Newell,
Springer, Watson, Wright and Wood—12.
Nays—Messrs. Barrett, Delage, Gastinel,
Hart, Hills, Kavanagh, Mithoff, Montamat,
Nicolas, Purcell, O'Connell and Walter-12.
There being a tie vote, the president voted
nay.
On motion of Mr. Hills, the bill was
ordered to be taken up and acted upon sec-
tion by section, Mr. Brown's substitute for
the same having been laid on the table.
The first section was read and Mr. Boyce
moved to adjourn ; which motion was lost
by the following vote :
Yeas—Messrs. Boyce, Benson, Delage,
Springer, Wright and Wood—6.
Nays—Messrs. Barrett, Brown, Gastinel,
Griffith, Hart, Hills, Jones, Kavanagh, Law-
ton, Mithoff, Montamat, Newell, Nicolas,
Purcell, O'Connell, Walter and Watson—17,
Mr. Gastinel moved to amend the first
section by striking out in the 3d line the
word " acting."
Mr. Jones moved to adjourn; which mo-
tion was lost by the following vote:
Yeas—Messrs. Brown, Benson, Delage,
Griffith, Jones, Newell, Springer, Walter,
Watson, Wright and Wood—11.
Nays—Messrs. Barrett, Boyce, Gastinel,
Hart, Hills, Kavanagh, Lawton, Mithoff,
Montamat, Nicolas, O'Connell and Purcell
—12.
The question then recurred on the adop-
tion of Mr. Gastinel's motion to strike out
the word " acting," and was carried by the
following vote:
Yeas—Messrs. Brown, Boyce, Gastinel,
Jones, Lawton, Mithoff, Montamat, Newell,
O'Connell, Springer, Walter, Wright, Wat-
son and Wood—14.
Nays—Messrs Barrett, Benson, Delage,
Griffith, Hart, Hills, Kavanagh, Nicolas and
Purcell—9.
Mr. Gastinel moved further to amend the
section by substituting the figures " 400 "
for " 500," in the sixth line.
Mr. Hills moved to adjourn, which motion
prevailed by the following vote :
Yeas—Messrs. Barrett, Benson, Delage,
Griffith, Hart, Hills, Kavanagh, Nicolas,
Purcell, Springer, Watson, Wright and
Wood.—-13.
Nays—Messrs. Brown, Boyce, Gastinel,
Jones, Lawton, Mithoff, Montamat, Newell,
O'Connell and Walter—10.
«. The Senate accordingly adjourned until
12 o'clock M. on Monday.
Approved.
John E. Neelis,
Secretary.
Monday, Jan. 30, 1865.
The Senate met and was called to order
at 12 o'clock m., pursuant to adjournment.
Present: Hon. J. Madison Wells, lieutenant
governor and president of the Senate, and
the following members, viz :
Messrs. Bell, Brown, Boyce, Benson,
Delage, Gastinel, Griffith, Hart, Jones,
Kavanagh, Lara, Lawton, Mithoff, Monta-
mat, Newell, Nicolas, O'Connell, Springer,
Walter, Wright and Wood—21.
Prayer was offered by Rev. Dr. Newman.
140
JOURNAL
The journal of Friday was read and ap-
proved.
Mr. Montamat presented a special report
from the grand jury of the parish of Or-
leans, urging the necessity of a fire-proof
building for the preservation of notarial
and judicial records.
The memorial was referred to the Com-
mittee on Internal Improvements.
The same member, agreeably to previous
notice, introduced "An act to provide for
the removal of all causes pending in the
Supreme Court, or other courts, of the
State, under the constitution of 1852,"
which, having been read, a motion was
made to suspend the rules, in order to put
thejbill on its second reading. This mo-
tion was lost, by the following vote :
Yeas—Messrs. Barrett, Montamat,- Ni-
colas and Springer—4.
Nats—Messrs. Brown, Boyce, Benson,
Delage, Griffith, Hart, Jones, Kavanagh,
Lara, Lawton, Mithoff, Newell, O'Connell,
Walter and Wright—15.
The bill to organize the police of the city
of New Orleans was taken up as the un-
finished business.
The consideration of Mr. Gastinel's
amendment to the first section, substituting
the figures "400" for "500," was resumed.
' Mr. Mithoff moved to amend the amend-
ment by making the section read " not less
than 300, nor more than 400."
Mr. O'Connell offered as a substitute for
the amendments "not less than 400 nor
more than 500."
Mr. Boyce moved to lay the substitute on
the table, which motion prevailed by the
following vote :
Yeas—Messrs. Brown, Boyce, Benson,
Delage, Gastinel, Hart, Lara, Lawton, Mon-
tamat, Springer, Walter and Wright—12.
Nays—Messrs. Barrett, Griffith, Jones,
Mithoff, Newell, Nicolas, O'Connell, Wood~8.
Mr. Hills moved as a substitute for the
amendments " not more than 400."
Mr. Montamat amended the substitute
with the figures "500," which was accepted
by Mr. Hills.
Mr. Nicolas moved to refer the bill and
all the amendments to the whole city dele-
gation, which motion was lost by the fol-
lowing vote :
Yeas—Messrs. Brown, Delage, Gastinel,
Lara, Lawton, Mithoff, Nicolas, O'Connell
and Springer—9.
Nays—Messrs. Barrett, Boyce, Benson,
Griffith, Hart, Hills, Jones, Montamat,
Newell, Watson, Wright and Wood—12.
Mr. Boyce moved to refer to a special
committee of 15, which motion was tabled
by the following vote :
Yeas—Messrs. Barrett, Bell, Brown, Ben-
son, Delage, Gastinel, Griffith, Hart, Hills,
Lara, Lawton, Montamat, Nicolas, O'Con-
nell, Springer and Wright—16.
Nays—Messrs. Boyce, Jones, Mithoff,
Walter and Wood—5.
The question then recurred on the motion
to adopt the amendment of " not more than
500," which prevailed by the following vote:
Yeas—-Messrs. Barrett, Bell, Brown,
Boyce, Benson, Delage, Gastinel, Griffith,
Hart, Hills, Jones, Kavanagh, Lara, Law-
ton, Mithoff, Montamat, Nicolas, O'Connell,
Springer, Walter, Wright and Wood—22.
Nays—None.
Mr. Montamat moved to amend the 4th
line, by adding, after flie word " organize,"
the words " by appointing."
A motion was made to table the amend-
ment, which motion was lost by the follow-
ing vote :
Yeas—Messrs. Barrett, Benson, Hart,
Hills, <Kavanagh, Lara, Purcell, O'Connell,
Springer, Walter and Wright—11.
Nays—Messrs. Bell, Brown, Boyce, Gas-
tinel, Griffith, Lawton, Mithoff, Montamat,
Newell, Nicolas and Wood—11.
The amendment was then adopted by the
following vote :
Yeas—Messrs. Brown, Boyce, Benson,
Gastinel, Jones, Lawton, Mithoff, Monta-
mat, Newell, Nicolas, Walter, Wright and
Wood—12.
Nays—Messrs. Barrett, Bell, Delage, Grif-
fith, Hart, Hills, Kavanagh, Lara, O'Con-
nell, Furcell and Springer—11.
Mr. Hills moved a reconsideration of the
vote of last Friday, by which Mr. Monta-
mat's amendment was rejected. The mo-
tion to reconsider prevailed, and the amend-
ment, which consisted in substituting the
word " appoint" for " organize," was then
adopted ; and, on motion, the vote adopting
the amendment of adding the word3 " by
appointing" after the word " organize"
was recoryMered, and the amendment was
withdrawiHoy consent of the Senate.
The section was then adopted as amended,
and reads as follows :
" That from and after the passage of this
act, the mayor of the city of New Orleans
-shall appoint the police force of said city,
pursuant to the provisions of the constitu-
tioD. Said force shall consist of not more
than 500 men, who shall read and write the
English language, and be residents of New
Orleans. The police shall be organized by
an ordinance from the Common Council of
the city, determining the functions to be
assigned to said officers, respectively, and
the uniform that they shall wear."
The second section was adopted as read.
Section third was read, when Mr. Lara
moved to insert the word " more" in lieu of
the word "less." The amendment was
tabled by the following vote :
Yeas—Messrs. Barrett, Brown, Boyce,
Bell, Gastinel, Griffith, Hart, Hills, Jones,
Kavanagh, Lawton, Mithoff, Montamat,
Newell, Purcell, Springer and Wood—18.
OP THE SENATE.
141
Nats—Messrs. Benson, Delage, Lara and
Wright—4.
Mr. Hills moved to amend by striking
out, in the second line, the words, " shall
not be less than the following rates," and
inserting in lieu thereof the words, " shall
be as follows, viz.:" The amendment was
adopted, and the section was adopted as
amended.
Section fourth was read, when Mr. Law-
ton offered the following substitute;
Section 4. That said police officers shall
be and are hereby expressly inhibited and
forbidden from interfering or in any manner
whatever intermeddling, directly or indi-
rectly, with any election, whether of the
city, State or United States officers, but will
only deposit their votes, as all other citi-
zens, under penalty of being dismissed from
office; and any members of the police,
when removed from office, shall not be
again eligible to any position on the same
for one year.
The substitute was adopted by the fol-
lowing vote:
Yeas—Messrs. Bell, Brown, Boyce, Ben-
son, Delage, Griffith, Hills, Kavanagh, Lara,
Lawton, Mithoff, Newell, Springer, Walter,
Wright and Wood—16.
Nats—Messrs. Barrett, Gastinel, Hart,
Jones, Montamat and Purcell—6.
Section fifth was read, when Mr. Monta-
mat offered the following substitute, which
was adopted : -
Section 5. That there shall be a police
commission appointed by the governor,
by and with the advice and consent of the
Senate, (to hold office for the term of two
years,) said commission to be composed
of five citizens, who shall take and sub-
scribe to the oath prescribed by article 90
of the constitution; Provided, That no per-
son or persons otherwise connected with
the police department, or holding any office
under the city charter, shall be eligible as
a member of said police commission; said
commission to be appointed in the fol-
lowing manner, viz: one from each district
and one from the city at large. The mayor
of the city shall be president of said com-
mission, but shall not have the right to vote,
except in case of a tie ,$ then he shall give
his casting vote only.
Section 6 was read and adopted without
amendment.
Section 7 being read, Mr. Boyce moved
to'strike out $1500, as the salary of the mem-
bers of the board of police commission and
insert in lieu thereof $1250.
Mr. Hills moved as an amendment to the
amendment, to strike out the word " less,"
so that it will read, " shall be $1500."
A motion to table Mr. Hills amendment
was lost by the following vote:
Yeas—Messrs. Boyce, Lara, Lawton, Mit-
hoff and Walter—5.
Nats—Messrs. Barrett, Bell, Brown, Ben-
son, Delage, Gastinel, Griffith, Hart, Hills,
Kavanagh, Montamat, Newell, Purcell,
-Springer, Wright and Wood—16.
Mr. Hills' amendment was then adopted.
The section was further amended so as to
require the police commission to meet
daily, Sundays excepted, instead of at
stated times, at least twice a week, and the
section was then adopted as amended.
The 8th section was amended by insert-
ing the figures " 5000 " for " 2000 " in the
third line, and was adopted as amended.
Sections 9 and 10 were adopted without
amendment.
The bill was then adopted as a whole as
amended, and ordered to be engrossed for
its third reading.
Mr. Delage moved to adjourn, which
motion was lost by the following vote:
Yeas—Messrs. Delage, Griffith, Hills,
Jones, Kavanagh, Newell, Purcell, Springer
and Wood—9.
Nats—Messrs. Barret, Bell, Brown, Boyce,
Benson, Gastinel, Hart, Lara, Lawton,
Montamat, Walter and Wright—12."
Mr. Jones, on behalf of the Committee on
the Judiciary, to which had been referred
the memorial of Augustin and Mathilde
Ernestin Gaude, reported favorably on the
same by bill, entitled "An act for the relief
of Augustin Gaudd and Mathilde Ernestin
Gaudd," and recommended its passage.
The Senate then adjourned until 12
o'clock h. to-morrow.
Approved.
John E. Neelis,
Secretary.
Tuesdat, January 31, 1865.
The Senate met and was called to order
at 12 o'clock M., pursuant to adjournment.
Present, Hon. J. Madison Wells, lieutenant
governor and president of the Senate, and
the following members:
Messrs. Bell, Brown, Boyce, Delage, Gas-
tinel, Griffith, Hart, Hills, Jones, Kavanagh,
Lara, Lawton, Mitlioff, Montamat, Newell,
O'Connell, Sullivan, Walter, Watson,Wright
and Wood—21.
Prayer was offered by Rev. Mr. Strong.
The journal of yesterday was read and
approved.
Mr. Bell presented the following:
Besolved, That the sergeant-at-arms be
and he is hereby instructed to keep a de-
tailed account of all matter printed for the
use of the Senate, and shall furnish a copy
of the same to the chairman of the Commit-
tee on Printing, when requested so to do.
Mr. Boyce moved to table the resolution,
which motion prevailed by the following
vote:
Yeas—Messrs. Brown, Boyce, Delage,
Griffith, Jones, Kavanagh, Lawton, Mithoff,
142
JOURNAL
Montamat, Newell, Nicolas, O'Connell, Sul-
livan, Springer, Walter, Wood—16.
Nays—Messrs. Barrett, Bell, Benson, Gas-
tinel, Hart, Lara, Wright—7.
On motion of Mr. Montamat, the foregoing
vote, just taken, was reconsidered, by the
following vote:
Yeas—Messrs. Bell, Brown, Benson, Gas-
tinel, Hart, Jones, Kavanagh, Lara, Law-
ton, Mithoff, Montamat, Nicolas, O'Connell,
Sullivan, Springer, Walter, Wright—17.
Nays—Messrs. Barrett, Boyce, Delage,
Griffith, Purcell, Wood—6.
Mr. Montamat then offered the following
substitute for Mr. Bell's resolution:
Eesolved, That the sergeant-at-arms be
instructed to retain one copy of each bill
printed for the use of the Committee on
Printing, and the amount of copies printed.
The substitute and original resolution
were tabled by the following vote :
Yeas—Messrs. Boyce, Delage, Gastinel,
Griffith, Jones, Kavanagh, Lara, Newell,
Nicolas, O'Connell, Purcell, Springer and
Wood—13.
Nays—Messrs. Barrett, Bell, Brown, Ben-
son, Hart, Lawton, Mithoff, Montamat, Sulli-
van, Walter, Wright—11.
Agreeably to previous notice, Mr. Spring-
er introduced " A bill to provide for the
payment of a bounty to Louisiana State vol-
unteers."
The Senate took up at its first reading the
House bill to define the duties of state tax
collectors ; after reading which,
The joint resolution on increase of sala-
ries of certain clerks was taken up as the
special order of the day. Mr. Montamat
moved to refer to the Committee on Inter-
nal' Improvements 5 which motion was ta-
bled, when Mr. Brown moved to reject the
bill.
This motion failed by the following vote :
Yeas—Messrs. Brown, Boyce, Benson,
Gastinel, Lawton, Mithoff, Montamat, Sul-
livan, Springer, Walter and Watson—11.
Nays—Messrs. Barrett, Bell, Delage, Grif-
fith, Hart, Hills, Jones, Kavanagh, Newell,
Nicolas, Purcell, O'Connell, Wright and
Wood—14.
Mr. O'Connell moved the adoption of the
bill.
Mr. Boyce moved to table this motion,
which motion was lost by the following
-vote :
Yeas—Messrs. Brown, Boyce, Benson,
Gastinel, Lawton, Mithoff, Sullivan, Spring-
er, M£alter and Watson—10.
Nays—Messrs1. Barrett, Bell, Delage, Grif-
fith, Hart, Hills, Kavanagh, Montamat, New-
ell, Nicolas, Purcell, O'Connell, Wright and
Wood—15.
Mr. Montamat moved to reconsider the
vote just taken.
Mr. Gastinel moved to table this motion,
which prevailed by the following vote :
Yeas—Messrs. Barrett, Bell, Gastinel,
Griffith, Hart, Hills, Jones, Kavanagh, New-
ell, Nicolas, Purcell, O'Connell, Wright and
Wood—14.
Nays—Messrs. Brown, Boyce, Benson,
Delage, Lawton, Mithoff, Montamat, Sulli-
van, Springer, Walter and Watson—11.
Mr. Hills moved to strike out the first
eleven lines, being the preamble, and also
to amend the bill by inserting .the enacting
clause.
Mr. Jones moved to adjourn, which mo-
tion was lost by the following vote :
Yeas—Messrs. Barrett, Boyce, Delage,
Gastinel, Griffith, Hart, Jones, Newell, Pur-
cell, Walter, Watson, Wood—12.
Nays — Messrs. Bell, Brown, Benson,
Hills, Kavanagh, Lawton, Mithoff, Monta-
mat, Nicolas, O'Connell, Sullivan, Springer,
Wright—13.
After some discussion, and pending the
consideration of Mr. Hills' amendment, Mr.
Benson moved to adjourn, which motion
prevailed by the following vote :
Yeas—Messrs. Brown, Boyce, Benson,
Delage, Gastinel, Griffith, Jones, Kavanagh,
Montamat, Newell, Purcell, Springer, Wal-
ter, Watson, Wright, Wood—16.
Nays—Messrs. Barrett, Bell, Hart, Hills,
Lawton, Mithoff, Nicolas, O'Connell, Sulli-
v#n—9.
The Senate accordingly adjourned until
12 o'clock m., to-morrow.
Approved.
John E. Neelis,
Secretary.
Wednesday, February 1, 1865.
The Senate met and was called to order
at 12 o'clock M., pursuant to adjournment.
Present, Hon. J. Madison Wells, lieutenant
governor and president of the Senate, and
the following members:
Messrs. Bell, Brownlee, Brown, Boyce,
Benson, Gastinel, Griffith, Hart, Jones,
Lara, Lawton, Mithoff, Montamat, Newell,
Nicolas,O'Connell,Walter,Wright,Wood-19.
Prayer was offered by Rev. Mr. Chubbuek.
The journal of yesterday was read and
approved.
On motion of Mr. Boyce, Mr. Watson was
excused for ten days.
On motion of Mr. Wright, the absence of
Mr. Springer was excused for to-day, on
account of illness.
Mr. Mithoff presented a memorial from
the president of the New Orleans and Car-
rollton Railroad Company, praying for the
passage of a law authorizing said railroad
company to lay a double track on Baronne
and Jackson streets, and to run either horse
cars or locomotive dummy cars, and accom-
panied the memorial with an act for the
purpose of carrying out the prayer of the
petitioners.
OF THE
SENATE.
143
The memorial and bill were read.
On motion of Mr. Nicolas, the bill for the
relief of commerce and agriculture, which
had been laid on the table, was recommit-
ted to the Judiciary Committee.
On motion of Mr. Jones, the Senate went
into secret session. After some time spent,
the doors were opened, when
Mr. O'Connell presented the following :
Resolved, That a committee of five be
appointed by the chair, whose duty it shall
be to investigate and inquire into the cause
of the destruction of the land office recently
destroyed by fire in this city, and to report
to the Senate as soon as practicable ; and
that said committee be empowered to' send
for persons and papers.
The resolution was unanimously adopted,
and the president appointed Messrs. O'Con-
nell, Montamat, Newell, Mithoff andLawton
to compose the committee raised thereby.
Mr. Jones moved to adjourn, which
motion was lost by the following vote:
Yeas—Messrs. Griffith, Jones, Lawton
and Newell—4.
NAYs-Messrs. Barrett, Bell, Brown,Boyce,
Benson, Gastinel, Hart, Hills, Kavanagh,
Lara, Mithoff, Montamat, Nicolas, O'Con-
nell, Sullivan, Walter, Wright and Wood-18.
The Senate then took up the unfinished
business of yesterday, being the joint reso-
lntion on increase of salaries of certain
clerks.
Mr. Boyce moved to postpone the further
consideration of the joint resolution indefi-
nitely, which motion prevailed by the fol-
lowing vote:
Yeas—Messrs. Barrett, Brown, Boyce,
Benson, Gastinel, Lara, Lawton, Mithoff,
Montamat, Sullivan, Walter and Wright
r-12.
Nays—Messrs. Bell, Brownlee, Griffith,
Hart, Hills, Jones, Kavanagh, Newell, Nic-
olas, O'Connell and Wood—11.
Mr. Jones gave notice that on some future
day he will bring in a similar bill to the
one just defeated.
On motion, the Senate took up the bill
to amend an act entitled " An act to pro-
vide for the better management of the
Institution for the Deaf, Dumb and Blind,"
which was acted on section by section.
The first section having been read, a mo-
tion to adopt it was lost, but was subse-
quently reconsidered, and the section was
amended by striking out the words " city of
Baton Rouge," and substituting the words
" State of Louisiana." ■ Thus amended, the
section was adopted.
Sections 2, 3, 4, 5 and 6 were read and
adopted without amendment.
The 7th section was stricken out.
The vote adopting the 6th section was
then reconsidered, and the following sub-
stitute, offered by Mr. Mithoff, was adopted:
Sec. 6. Re il enacted, &c., That they shall
receive, instruct and support, in the asylum,
all persons deaf and dumb or blind, who
reside within the State of Louisiana, and
are in indigent circumstances and unable
to pay, or whose parents or guardians are
unable to pay for the same; and the board
shall have power to receive such other
deaf, dumb and blind on such terms and
conditions as may be determined on by the
board.
Mr. Benson offered the following addi-
tional section, to take the place of the 7th
section, which had been stricken out:
Sec. 7. The board shall have power to
make all contracts necessary for the rent,
construction and repair of buildings be-
longing to or in the use of the asylum, and
for the purchase of land upon which to
construct the same; to appoint and remove
the necessary superintendents, matrons,
physicians, teachers, and such other officers
as the board may deem proper for the good
management of the asylum, and to fix their
compensation ; to accept any donation or
legacy for the sole and exclusive use of the
asylum, and to sue and be sued.
On motion of Mr. Gastinel, the addi-
tional section was amended by striking out
the words " to make all contracts necessary
for the rent, construction and repair • of
buildings belonging to or in the use of the
asylum, and for the purchase of land upon
which to construct the same."
Thus amended, the additional section
was adopted as section 7.
Sections 8, 9, 10 and 11 were read and
adopted without amendment.
The bill was then adopted as a whole as
amended, and under a suspension of the
rules it passed its third reading, the title
whs amended by striking out the words
" to amend an act entitled an act," and the
bill passed with its title as amended.
third reading.
The police bill was taken up on its third
reading
Mr. O'Connell offered as a rider to the
first section the words " be able," to come
in between the words "shall" and "write."
The rider was adopted and the bill passed
with the rider, and was concurred in with
its title and as amended.
On motion, the Senate adjourned until
12 o'clock m., to-morrow.
Approved.
John E. Neelis,
Secretary.
Thursday, Feb. 2,1865.
The Senate met and was called to order
at 12 o'clock m., pursuant to adjournment.
Present—Hon. J. Madison Wells, lieuten-
ant governor: and president of the Senate,
and the following members:
Messrs. Barrett, Bell, Brown, Boyce, Ben-
144
JOURNAL
son, Gastinel, Griffith, Hart, Hills, Jones,
Mithoff, Montamat, Nicolas, O'Connell, Pur-
cell, Sullivan, Springer, Walter, Wright and
Wood—20.
There being no minister in attendance,
prayer was omitted.
The journal of yesterday was read and
approved.
On motion of Mr. Kavanagh, Mr. Nicolas
was excused for one week.
Mr. Jones gave notice of his intention, on
some future day, to introduce " An act to
authorize the attorney general to employ a
clerk."
SECOND BEADING.
The Senate then took up the bill entitled
" An act concerning the masters and war-
dens of the port of New Orleans," the first
section of which having been read, a motion
was made to postpone its further considera-
tion until to-morrow, which motion was lost
by the following vote :
Yeas—Messrs. Benson, Hart, Hills, Kav-
anagh, Lara, Nicolas, Walter and Wood—8.
Nats—Messrs. Barrett, Bell, Boyce, Gas-
tinel, Griffith, Jones, Lawton, Mithoff, Mon-
tamat, O'Connell, Purcell, Springer, Sulli-
van and Wright—14.
On motion, the Senate went into execu-
tive session ; and after some time, the doors
being opened, on motion, the Senate ad-
journed until 12 o'clock m., to-morrow.
Approved.
JohnE. Neelis,
Secretary.
Friday, Feb. 3, 1865.
The Senate met, and was called to order
at 12 o'clock m., pursuant to adjournment.
Present: Hon. J. Madison Wells, lieutenant
governor and president of the Senate, and
the following members:
Messrs. Barrett, Brownlee, Brown, Boyce,
Benson, Delage, Gastinel, Griffith, Hart,
Hills, Kavanagh, Lara, Lawton, Mithoff,
O'Connell, Springer, Walter, Wright and
Wood—19.
Prayer was offered by Rev. Father Mur-
phy.
The journal of yesterday was read and
approved.
The bill concerning the master and war-
dens of the port of New Orleans was taken
up as the unfinished business.
Pending discussion on the bill, a message
was received from the Plouse requesting the
concurrence of the Senate in a joint" reso-
lution authorizing Dr. J. S. Be'lden, state
treasurer, to lease the two buildings No.
186 and 188 Gravier street, for State offices.
Another message from the House informed
the Senate that the House had appointed
Messrs. Bovee, Howes, Badger, Chamber-
lain and Tully a committee to confer with a
like number to be appointed by the Senate
to settle certain difficulties existing in re-
ference to the passage of the police bill.
After the foregoing message had been
received, Mr. Boyce moved to reject the
bill concerning the master and wardens of
the port of New Orleans, which motion was
lost by the following vote :
Yeas—Messrs. Brown, Boyce, Benson,
Delage,' Hart, Hills, Lara, Walter—8.
Nats—Messrs. Barrett, Brownlee, Grif-
fith, Lawton, Mithoff, Montamat, Purcell,
Sullivan, Springer, Wright, Wood—11.
Mr. Hills moved to postpone the further
consideration of the first section of the bill
until Tuesday next, which motion was
tabled by the following vote :
Yeas— Messrs. Barrett, Brownlee, Brown,
Griffith, Lara, Lawton, Mithoff, Montamat,
Purcell, Sullivan, Springer, Wright and
Wood—13.
Nats—Messrs. Boyce, Benson, Delage,
Hart, Walter—5.
Mr. Delage moved to adjourn, which mo-
tion was lost by the following vote:
Yeas—Messrs. Brownlee, Boyce, Benson,
Delage, Hart, Hills, Walter, Wright—8.
Nays—Messrs. Barrett, Brown, Griffith,
Lara, Lawton, Mithoff, Montamat, Purcell,
Sullivan, Springer, Wood—11.
Mr. Montamat moved the previous ques-
tion. Mr. Hills raised the.point of order-
that no amendment being before the Senate
or any supplemental question remaining to
be disposed of, the motion for the previous
question is out of order.
The president, (Mr. Gastinel being in
the chair,) decided that the point of order
raised by Mr. Hills is not well taken,
whereupon Mr. Hills appealed from the
decision. The decision of the chair was
sustained by the following vote :
Yeas—Messrs. Barrett, Brownlee, Brown,
Boyce, Griffith, Lara, Lawton, Mithoff, Mon-
tamat, Purcell, Sullivan, Springer, Walter,
Wright, Wood—15.
Nays—Messrs. Benson, Delage, Hart,
Hills—4.
The motion for the previous question
being seconded, the main question was then
put on the adoption of the first section,
which prevailed by the following vote :
Yeas—Messrs. Barrett, Brownlee, Brown,
Griffith, Lawton, Mithoff, Montamat, Pur-
cell, Sullivan, Springer, Wright, Wood—12.
Nays—Messrs. Boyce, Benson, Delage,
Hart, Hills, Lara, O'Connell, Walter—8.
Mr. Delage moved to adjourn, which mo-
tion was lost by the following vote :
Yeas—Messrs. Brownlee, Boyce, Benson,
Delage, Hart, Hills, Walter, Wright—8.
Nays—Messrs. Barrett, Brown, Griffith,
Lara, Lawton, Mithoff, Montamat, Purcell,
Sullivan, Springer, Wood—11.
A motion was then made to take a recess
of 15 minutes.
Mr. O'Connell raised the point of order
OF THE
SENATE.
145
that a motion to adjourn had just been
made and lost, consequently the motion to
take a recess is out ot order. The presi-
dent pro tem., Mr. Gastinel, decided the
motiou to take a recess to be in order.
Mr. O'Connell appealed from the decis-
ion.
The decision of the president was sus-
tained by the following vote :
Yeas—Messrs. Brown, Boyce, Benson,
Deluge, Griffith,'Hart, Hills,. Jones, Lara,
'Lawion, Montamat, PurcelI, Walter,Wright.
Wood—15.
Navs—Messrs. Barrett. Mithoff, O'Con-
nell, Sullivan, Springer—5.
The question then recurred on the mo-
tion to take a recess, which was lost by the
following vote:
Yeas—Messrs. Boyce. Benson, Delage,
Hart, Hills, Lara, Wright—8.
Nays—Messrs. Barrett, Brownlee, Brown,
Griffith, Lawton,, Mithoff, Montamat, Pur-
cell, O'Connell, Sullivan,„Springer, Wood
—12. ' -
Mr. Boyce'moved to adjourn.
' Mr. Montamat raised the point that the
motion was out of order.
The president decided that the motion to
take a recess had intervened between the
motions to adjourn, consequently the mo-
tion to adjourn is in order.
Mr. Montamat appealed ; the decision
was sustained by the following vote :
Yeas—Messrs. Boyce, Benson,, Delage,
Hart, Hills, Jones, Lawton, O'Connell, Wal-
ter, Wright, Wood—11.
» Nays—Messrs. Barrett, Brownlee, Brown,
Griffith, Lara, Mithoff, Montamat, Purcell,
Sullivan, Springer—10.
The question then recurred on the mo-
tion "to adjourn, which prevailed by the fol-
lowing vote:
Yeas—Messrs. Brownlee, Brown, Boyce,
Benson, Delage, Hart, Hill3,.Lara, Springer,
Walter, Wright—11.
Nays — Messrs. Barrett, Griffith, Jones,
Lawton. Mithoff, Montapiat, Purcell, O'Con-
neili.SuUiv.au, Wood—10. .
The Senate accordingly adjourned until
12 o'clock jr., on Monday.
Approved.
John E. Neelis,
. i / Secretary.
Monday, Fe*fi. 6,1865.
The Senate met, and was called to order
at 12 o'clock jr., pursuant to adjournment.
Present—fflon, J. Madison "Wells, lieutenant
governor and president of the Senate, and
the following members,:
Mes-srs. Barrett, Brown, Boyce, Benson,
Delage, Gastinel, Griffith, Hart, Hills, Jones,
Kavanagb, Lara, Lawton, Montamat, New-
ell, O'Connell, Sullivan, Walter, Wright,
Wood—20.
aIO
Prayer was offered by Rev. Dr. Newman.
The journal ol Friday was read and
approved.
Mr. Montamat, on behalf of the Finance
Committee, submitted the following special
report, which was received :
To the honorable president and members of
the Senate:
Gentlemen—Your committee beg leave
to submit the following special report of
the Finance Committee :
1864, Dec. 31, warrant No. 50, paid to J. F,
Wood, sergeant-at-arms, for contingent
expenses .. ..$217 00
1865, Jan. 7. On warrant No. 1,
paid pir diem of members and
• salaries of officers and employe's
one day (Jan. 1st,) ...322 00
Total ... $539 00
regular session.
General report of warrants drawn for
payment of per diem of members, salaries of
officers and employes, also contingent ex-
penses up to February 4, 1865 :
Amount on the last-report $7126 87"
Jan. 23, warrant No. 8, paid to J.
F. Wood, sergeant-af-arms, for
contingent expenses. 395 10
Jan. 28, warrant No. 9, per diem of
members for seven days, ending
January 28.. ..- 1512-00
Jan. 28, warrant No. 10, paid sala-
- ry of officers and employe's for
.seven, days ending January 28.. 742,00
Feb. 4, warrant No. 11, paid per
diem of members for seven days,
ending February 4 1512 00
Feb. 4, warrant No. 12, paid sala-
ry of officers and employe's for
seven days, ending February 4. . 742 00
'• "'.Totai .....$12,029 97
All of which is respectfully submitted,
(Signed) John P. Montamat,
Chairman.
John Sullivan,
tR. R. Benson.
gmat gave notice that on some
he will introduce "An act to
9th section of an act relative to
juries in the parish of Orleans."
Mr. Benson gave a similar notice of the
following bills :
An act for the better observance of the
Sabbath," and " An act relative to irnpris-
onment for debt."
- The bill concerning the master and war-
dens of the port .of' New Orleans, being the
unfinished business, was taken up, when
„Mr. Hills stated that the Chamber of Com-
merce would meet this evening for the pur-
pose of expressing its views on, this bill.
He,also presented the following additional
signatures to the protest against its pas-
sage:
416
JOURNAL
A. Brother, president Home Mutual In-
surance Company.
Thomas Sloo, president Sun Mutual Insu-
ranee Company.
J. Tuyes, president New Orleans Mutual
Insurance Company.
H. Peycbaud, president Hope Insurance
Company of New Orleans.
A. Chiapella, president Union Insurance
Company of New Orleans.
Placide Forstall, president Star Mutual
Insurance Company.
H. Castarede, secretai-y Citizens' Mutual
Insurance Company.
E. Ganuchau, president Louisiana State
Mutual Insurance Company.
Chas. Sagori, president Merchants' Mu-
tual Insurance Company.
Alf. Moulton'.
D. McCoard.
Holdredge & Paxon, agents of the Me-
tropolitan Insurance Company, New York.
Elliot & McKeever.
A. F. Elliot, general agent for Liverpool
and Loudon and Globe Insurance Company.
Folger & Co..
Schneider & Zuberbier.
J. P. Ganey & Co.
J. M. Courtney.
In order to obtain the views of the Cham-
ber of Commerce, Mr. Hills moved that the
further consideration of this bill be post-
poned until to-morrow, and that it be made
the special order of the day for 1 o'clock
p. si., which motion prevailed by the fol-
lowing vote:
Yeas—Messrs. Brown, Boyce, Benson,
Belage, Gastinel, Hart, Hills, Kavanagh,
Lara, O'Connell, Springer and Walter—12.
Nays—Messrs. Barrett, Bell, Griffith,
Jones, Lawton, Montamat, Newell, Purcell,
Sullivan, Wright and Wood—11.
On motion of Mr. Montamat, the Senate
adjourned until 12 o'clock M., to-morrow,
by the following vote :
Yeas — Messrs. Barrett, Bell, Griffith,
Jones, Kavanagh, Lawton, Montamat, New-
ell, Purcell. Sullivan, Springer. Wood—12.
Nays — Messrs. Brown, Boyce, Benson,
Delage, Gastinel, Hart, Hills, Lara, O'Con-
nell, Walter. Wright—11.
Approved.
John E. Neelis,
Secretary.
Tuesday, February 7,1865.
The Senate met and was called to order
at 12 o'clock m., pursuant to adjournment.
Present—Hon. J. Madison Wells, lieutenant
governor and president of the Senate, and
the following members:
Messrs. Bell, Brownlee, Brown, Boyce,
Benson, Delage, Griffith, Hart, Hills, Jones,
Lara, Lawton, Mithoff, Montamat, Newell,
Purcell, Sullivan, Wright, Wood—19.
Prayer was offered by Rev. Mr. Hopkins.
The journal of yesterday was read and
approved.
. Mr. Montamat gave notice that .on some
future day he will introduce a bill relative
to recorders in the city of New Orleans.
Agreeably to previous notice, the same
member introduced ''An act to amend the
ninth section of' an act relative to juries iu
the parish of Orleans."
The message from the House requesting
the appointment of a committee of confer-
ence on the difficulties in the passage of the
police bill.
On motion of Mr. Boyce, the message
from the House requesting the appointment
of a committee of conference was indefinitely
laid on the table, by the following vote :
Yeas — Messrs. Boyce, Griffith, Jones,
Lawton, Mithoff, Montamat, Newell, Pur-
cell, Sullivan, Wood—10.
Nays — Messrs. Bell, Brownlee, Brown,
Benson, Delage, Hart, Hills, Lara, O'Con-
nell, Wright—10.
There being a tie, the president voted in
the affirmative.
The joint resolution of the House author-
izing Dr. J. G. Belden to lease the building
known as the "Twin Sisters," on Gravier
street, for the use of the State officers, was,
on motion of Mr. Boyce, rejected on its first
reading.
Yeas — Messrs. Brown, Boyce, Demon,
Delage, Jones, Montamat, Newell, Purcell,
Sullivan, Wood—10.
Nays — Messrs. Barrett, Griffith, Hart,
Hills, Lara, Lawton, O'Connell, Wright—8.
Messrs. Springer and Barrett being pres-
ent, but being outside of the bar when the
question was stated, were excused from
voting.
The House bill concerning the master
and wardens of the port of New Orleans,
being the special order of the day, was
taken up.
Mr. Hills presented the following resolu-
tions of the Chamber of Commerce protest-
ing against the passage of the bill:
Whereas, This Chamber has learned that
an act entitled " An act concerning the
master and wardens of the port of New Or-
leans " has passed the House of Represen-
tatives of the Legislature of this State, and
is likely to pass the Senate ; and
Whereas, This Chamber being fully ad-
vised of the provisions of said act, and be-
lieving, if carried out, they will prove inju-
rious to the interests of our mercantile
community, and be productive of delay
and litigation in the settlement of claims on
their underwriters, should respectfully me-
morialize the honorable Senate, and request
it not to pass said act; and
Whereas, This Chamber should further,
on behalf of this commercial community,
rhost respectfully submit to the honorable
OF THE
SENATE.
147
Senate, that such an act may be passed as
to leave it purely optional with merchants
and others to call on the port wardens or
not, as they may elect, thus giving perfect
freedom of action to all parties concerned ;
Be it therefore resolved, That the president
of this Chamber appoint a committee of
three, to memorialize immediately the bon-
orable Senate, and to wait on the Hon. A.
C. Hills, senator, and request him, on be-
half of the Chamber, to present said memo-
rial. Also, that the committee be requested
to prepare their memorial at the earliest
moment, as the passage of the act is being
earnestly pressed on the Senate.
Passed unanimously.
Committee appointed—Geo. A. Fosdick,
A. F. Cochran, C. A. Weed.
Mr. Montamat moved to refer the fore-
going resolutions to a special committee of
five.
Mr. Boyce moved to ame^l the motion,
by referring the resolutions together with
the bill.
On motion of Mr. Barrett, the motion to
refer was tabled by the following vote :
Yeas—Messrs. Barrett, Bell, Brownlee,
Gastinel, Griffith, Jones, Lawton, Mithoff,
Montamat, Newell, Purcell, Sullivan, Spring-
er, Wright, M ood—15..
Nays—Messrs. Brown, Boyce, Benson,
Hart, Hills, Lara, O'Connell—7.
On motion, the resolutions of the Cham-
ber of Commerce were then ordered to be
spread on the minutes.
Section 2 having been read, Mr. Boyce
moved to postpone until Thursday, which
motion was tabled by the following vote :
Yeas—Messrs. Barrett, Bell, Brownlee,
Griffith, Jones, Lawton. Mithoff, Montamat,
Newell. Purcell, O'Connell, Sullivan and
Springer—13.
Nays — Messrs. Brown, Boyce, Benson,
Gastinel, Hart, Hills, Lara, Wright and
Wood—9.
Mr. Montamat called for the previous
qnestiou which being seconded, the main
question was then ordered by the following
vote;
Yeas—Messrs. Barrett, Bell, Brownlee,
Griffith, Lawton, Mithoff, Montamat, Newell,
Purcell, Sullivan, Springer, Wright and
Wood—13.
Nays—Messrs. Brown, Boyce, Benson,
Gastinel, Hart, Hills, Lara, O'Connell—8.
The second section was then adopted by
the following vote : ■*
Yeas—Messrs. Barrett, Bell, Brownlee,
Griffith, Jones, Lawton, Mithoff, Montamat,
Newell, Purcell, Sullivan, Springer, Wright
and Wood—14.
Nays—Messrs. Brown, Boyce, Benson,
Gastinel, Hart, Hills, Lara and O'Connell
—8.
Mr. Boyce moved to adjourn; which mo-
tion was lost by the following vote:
Yeas—Messrs. Boyce and Benson—2.
Nays—Messrs. Barrett, Bell, Brownlee,
Brown, Gastinel, Griffith, Hart, Hills, Jones,
Lara, Lawton, Mithoff, Montamat, Newell,
O'Connell, Purcell, Sullivan, Springer,
Wright and Wood—20.
Section 3 being read, Mr. Hills moved to
amend so as to make the section read as
follows : " That nothing in this act shall in
any manner prevent all parties interested
in any damaged goods arriving at the port
of New Orleans from compromising all
claims for damages with or without a sale,
even when ordered by the master and war-
dens, or to exclude parties interested, or their
agents, from making surveys of cargoes and
settling the same without a survey by a port
warden."
The italicised words being the only
change proposed to the original bill.
The foregoing amendments were tabled
by the following vote :
Yeas—Messrs. Barrett, Bell, Brownlee,
G^ffith, Jones, Lara, Lawton. Mithoff, Mon-
tamat, Newell, Purcell, Sullivan, Springer,
Wright and Wood—15.
Nays—Messrs. Brown, Boyce, Benson,
Delage, Gastinel, Hart, Hills, Kavanagh,
O'Connell and Walter—10.
Mr. Hills thenjmoved to amend the sec-'
tion by striking out the words "without a
sale," which amendment was tabled by the
following vote :
Yeas—Messrs. Barrett, Bell, Brownlee,
Gastinel, Griffith, Jones, Lawton, Mithoff,
Montamat, Newell, Purcell, Springer, Sul-
livan, Wright and Wood—15.
Nays—Messrs. Brown, Boyce, Benson,
Delage, Hart, Hills, Kavanagh, Lara, O'Con-
neil and Walter—10.
The 3d section was then adopted without
amendment, by the following vote :
Yeas — Messrs. Barrett, Bell, Brownlee,
Gastinel, Griffith, Jones, Lawton, Mithoff,
Montamat, Newell, Purcell, Springer, Sulli-
van, Wright, Wood—15.
Nays — Messrs. Brrwn. Boyce, Benson,
Delage, Hart Hills. Kavanagh, Lara, O'Con-
nell, Waltei—10.
Mr. Delage moved to * djourn Lost by
the following vote:
Yeas — Messrs. Deiage, Griffith, Jones,
O'Connell, Walter—5.
Nays — Messrs. Bell, Brownlee, Brown,
Boyce, Benson, Gastinel, Hart, Hills, Kav-
anagh, Lara, Lawton, Mithoff, Montamat,
Newell, Purcell. Sullivan, Springer, Wright,
Wood—19.
Mr. Gastinel offered the following addi-
tional section, to be called :
Sec. 4. The master and wardens of the
port of New Orleans shall not inspect dam-
aged goods brought to the port of New Or-
leans by any sea-going vessel not insured,
except they are called upon by the inter-
ested parties to inspect said goods, or to
148
JOURNAL
survey the vessel, to state what was the
reason said goods became damaged.
Mr. Hills moved to strike out the words
"not insured," in the additional section.
This motion was tabled by the following
vote :
Yeas — Messrs. Barrett, Bell, Brownlee,
Gastinel, Griffith, Jones, Lawtou, Mitholf,
Montamat, Newell, Purcell, Springer, Sulli-
van, Wright, Wood—15.
Nays — Messrs Brown, Boyce, 'Benson,
Delage, Hart, Hills, Kavanagh, Lara, O'Con-
nell, Walter—10.
The additional section was then adopted,
by the following vote :
Yeas — Messrs. Barrett, Bell, Brownlee,
Brown, Boyce, Benson, Delage, Gastinel,
Griffith, Hills, Kavanagh, Lara, Montamat,
Purcell, Sullivan, Springer, Walker, Wright,
Wood—19. .
Nays — Messrs. Hart, Jones, Lawton,
Mithoff, Newell. O'Connell—0.
Mr. Hills moved to adjourn, which mo-
tion was ruled out of order by the pr*si-
dent, from which ruling Mr. Hills appealed.
The decision of the chair was sustained
by the following vote :
Yeas—Messrs. Barrett, Bell, Brownlee.
Brown, Gastinel, Griffith. Hart. Lara, Law-
ton, Miihoff, Montamat, Jewell, Purcell.
O'Connell, Sulli ran, Springer. Wright and
Wood-18.
Nays — Messrs. Boyce, Benson,. Hills,
Jones, Kavanagh, "Walter—6. .
On motion,- section 4 of the original bill
was then made section 5.
Mr. Bills again moved to adjourn, which
motion was again ruled out of order by the
president, on the grounds that the object of
the motion was to defeat the bill. '
Mr. Hills denied the right of the presi-
dent to impute motives for any motion
made by a Senator under the rules, and
appealed from the ruling of the chair.
The ruling was sustained by the follow-
ing vote:
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Gastinel, Griffith. Jones, Lawton,•
Mithoff, Montamat, Newell, Purcell, Sulli-
van. Springer, Wright, Wood—16.
Nays — Messrs. Boyce, Benson, Hart,
Hills, Kavanagh, Lara, O'Conucll add
Walter—8.
The 5th section was then read and adopt-
ed.by the following vote :
Yeas--Messrs. Barrett, Bell, Brownlee,
Brown, Gastinel, Griffith, Lawton, Mitholf,
Montamat. Newell, Purcell. Springer, Sul-
livan. Wright and Wood—15.
-Nays—Messrs. Boyce, B'enson.TTart,Hills,
Jones, Kavanagh, Lara, O'Connell and Wal-
ter—9.
The bill was then ordered to be engross-
ed for its third reading by the following
vote:
Teas—Messrs. Barrett, Bell, Brownlee,
Brown, Gastinel, Griffith, Jones, Lawton,
Mithoff, Montamat, Newell, Purcell, Sulli-
van, Springer, Wright—15.
Nays—Messrs. Boyce, Benson, Hart. Hills,
Kavanagh, Lara, O'Connell, Walter—8.
The Senate then adjourned until 12
o'clock, to-morrow, by the following vote :
Teas—Messrs. Barrett, Bell, Brownlee,
Gastinel, Griffith, Hills, Newell, Purcell,
Sullivan, Springer, Wright, Wood—12.
Nays — Messrs. Brown, Boyce, Benson,
Hart, Jones, Kavanagh, Lara, Lawton, Mit-
hoff, O'Connell, Walter^-11.
Approved.
John E. Neelis,
Secretary.
Wednesday; Feb. 8, 18G5.
The Senate met and was called to order
at 12 m , pursuant to adjournment.
) Present, H^n. J. Madison Wells, lieuten-
ant governor and president of the Senate,
and the following members :
Messrs. Barrett, Bell, Brown, Boyce,
Benson, Delage, Griffith, Hart, Hills, Lara,
Lawton, Mithoff, Montamat, Newell, Pur-
cell, O'Connell, Sullivan, Springer, Wright
and Wood—20.
Prayer was offered by Rev. Mr. Guion.
The journal of yesterday'was read and
approved.
Mr. Hills presented the following memo-
rial, prepared by the committee appointed
,b.v the Chamber of Commerce :
To the honorable president and members of
the Senate of the State of Louisiana.
The undersigned committee of the New
Orleans Chamber of Commerce, appointed
to memorialize your honorable body .on
their behalf, against the passage of an act
concerning the master and wardens of the
port, beg leave most respectfully to repre-
sent; that the commercial community, for
whose interests the advocates of this bill
are so zealous, and.who have so strenuously
misrepresented, not only their views, but
the effecis of the working of the bill, and
that in the face of a protest, signed by eve-
ry local underwriter, the agents of all the
northern and European Insurance Compa-
nies, and a large number of our leading
merchants, setting forth, in clear aud ex-
plicit language, their objections to its pas-
sage, continue opposed, notwithstanding
their disinterested efforts to its enactment,
for the following reasons :
1. That it would lead to continuous and
endless litigation between shippers, con-
signees, underwriters and port wardens,
contending, as we do, that it is unconstitu-
tional. and an infringement of our individ-
ual rights as citizens. •
2. That in most cases of damaged goods,
a settlement is made between the owner
and insurance office, by agreement, leaving
OP THE
SENATE.
149
the owner of the property to dispose of it
as fie may deem for his interest, by private
sale or auction—which this act expressly
prohibits.
3. That it is an unnecessary tax on coin-
merce, which it is pretended to foster and
aid.
4. That, if the wardens are competent to
perform their duties as surveyors of ships
and storage of cargoes, they must necessa-
rily be experts of some occupation con-
nected with navigation ; and, consequently,
never having dealt in merchandise, are in-
competent, from a want of knowledge of
the markets, to judge of the relative value
of sound and damaged goods, or of the
necessity for a sale at auction ; and
Lastly, on reference to the act concern-
ing the master and wardens of the port,
as it now stands, (Revised Statutes, 1856,
page 314) it will be found that their duties
are sufficiently defined and are left to the
option of parties who may need their ser-
vices.
Sec. 3d says, That any one of them
shall, if called on, inspect the hatches of
a ship or vessel arriving from sea, &c.;
and again, in the same section, says, that
any two of them shall be surveyors of
damaged goods brought into the port of
New Orleans, &c.; the latter clause of the
section, it has been contended, gave them
the exclusive right of Purveying all
damaged goods that came into, the port of
New Orleans, §s the act before your hon-
orable body now seeks to do. But in the
case of the Port Wardens vs. the ship M.
Howes and owners, before the Supreme
Court of this State, a unanimous opinion
was given by the court—chief' justice
Eustis presiding—in the following words :
" That this act'was passed by the Terri-
torial Legislature, before Louisiana became
a State, and, like all laws emanating from
that body, is remarkable for the concise-
ness and simplicity of its language. That
section 3d must be taken in a continuous
sense, that the master and wardens, or auy
two of them, shall be surveyors of damaged
goods," &c., that is, when filled on ; and he
says further that body would have never
passed any act granting fees to persons for
services neither required nor ordered.
Your memorialists cannot believe for
one instant that your honorable body will
permit any man or set of men, under the
false pretence of aiding the commerce of
this city, to get a bill through, levying a
tax for their especial benefit. If the com-
pensation now allowed to the master and
wardens is not sufficient for the support of
the number required by the necessities of
commerce (a proposition we are not pre-
pared to admit, for we find, on reference to
the customhouse books, that the entries of
all classes of vessels from seax for the year
ending December 31st, 1864, to be 2981,
from which is to be deducted Government
transports owned by the United States Gov-
ernmentas all others pay the same fees,
whether in the employ of Government or
not, while the arrivals for
1856 were 2143
1857 1934
1858 1905
1859 1998
1860 1918
and therefore conclude that the past year
a full average with the five years 1856 to
1860, arrived at this port, and taking that
as a basis of calculation, the receipts of
the office under the $5 act alone was
$10,000, for which no services at all were
rendered. What the receipts of the office
have been for surveys of cargoes, Ac., we
have no means of ascertaining, but from
our knowledge of the general business of
the city, feel satisfied it must have, reached,
if not exceeded, $5000 more), let the fees
be increased when their services, are re-
quired, so as to allow a fair and liberal
compensation ; but not compel the mercan-
tile community to employ the services of
men, when by so doing it would be detri-
mental to their interests. For these, as we
consider, sufficient reasons, your memorial-
ists pray your honorable body not. to pass
the bill now before the Senate.
Geo. A. Fosdick, Chai'''n.
. G. A. Weed,
A. F. Cochran.
A motion to receive the memorial was
carried by the following vole :
Yeas—Messrs. Bell, Brown, Boyce,
Benson, Delage, Hills, Lara, Law ton. Mit-
hoff, Montamat, Newell, Purcell, O'Con-
nell, Sullivan, Springer and Wood—16.
Nays—Messrs. Barrett, Griffith, and
Wright—3.
On motion of Mr. O Connell the memo-
rial was ordered to be spread on the
minutes by the following vote :
Yeas—Messrs. Ba.r:e!t, Bell, Brown,
Boyce, Benson, Delage, Hills. Lara, New-
ell, Purcell, O'Coimell, Sullivan and
Springer—13.
Nays—Messrs. Griffith, Lawton, Mithoff,
Wright and Wood—5.
Two members, Messrs. Jones and Mon-
tamat, were excused, not being within the
bar when the question was put.
Mr. Montamat moved to reconsider the
vote receiving ihe memorial of the Cham-
ber of Commerce, which motion prevailed .
by the following vote :
Yeas—Messrs. Barrett, Bell, Gastinel,
Griffith, Jones, Lawton, Mithoff, Montamat,
Newell, Purcell, Sullivan. Springer and
Wood—13;
Nays—Messrs. Brown, Boyce, Benson,
Delage, Hart, Hills, Lara, (PConnell and
Wright—9.
150
JOURNAL
Mr. Lara called for the reading of the
memorial.
The president pro iem. (Mr. Gastinel)
decided that the memorial* could not be
read until it was received by the Senate.
Mr. Montamat appealed from this deci-
sion.
The decision was sustained by the fol-
lowing vote :
Yeas—Messrs. Barrett, Bell, Brown,
Boyce, Benson, Delage, Griffith, Hart,
Hills, Jones, Lara, Lawton, Mithoff, New-
ell, Purcell, O'Connell, Wright and Wood
—18.
Nays—Messrs. Montamat, Sullivan and
Springer—3.
A motion to receive and read the memo-
morial was tabled by the following vote :
Yeas—Messrs. Barrett, Bell, Griffith,
Jones, Mithoffi, Moniamat, Newell, Sulli-
van, Springer, Wright and Wood—11.
Nays—Messrs. Brown, Boyce, Benson,
Delage, Hart, Hills, Lara, Lawton, Pur-
cell and. O'Connell—10.
Mr. Hills moved that the memorial be
received, which motion was ruled out of
order by the president vro tern., from which
ruling Mr. O'Connell appealed.
- The ruling was sustained by the follow-
ing vote :
Yeas—Messrs. Barrett, Bell, Boyce, Ben-
son, Delage, Griffith, Hart, Hills, Jones,
Lawton, Mithoff, Montamat, Newell, Pur-
cell, Sullivan, Springer, Wright and Wood
—18.
Nays—Messrs. Brown, Lara and O'Con-
nell—3.
On motion of Mr. Boyce, Mr. Walter was
excused from attendance during the time
he may be detained as a witness in the U.
States Provisional Court.
Mr. Benson moved to reconsider the vote
of yesterday, by which the Senate refused
to appoint a committee of conference on
the police bill, which motion was lost by
the following vote :
Yeas—Messrs. Boyce, Griffith, Jones,
Lawton, Mithoff, Montamat,Sullivan,Spring-
er, Wright and Wood—10.
Nays—Messrs. Barrett, Brown, Benson,
Delag;-, Gastinel, Hart, Hills, Lara, Purcell
and O'Connell—10.
Agreeably to previous notice, Mr. Mon-
tamat pxesented "An act giving jurisdiction
to^?^ recorders of New Orleans in certain
fmminal cases."
Mr. Benson presented "An act relative
to imprisonment for debt," which was read.
Mr. Boyce gave notice that on some
future day he will introduce a joint resolu-
tion relative to the registry and payment
of State warrants.
Mr. Benson moved to adjourn, which
motion was lost by the followidg vote :
Yeas—Messrs. Boyce, Benson, Delage,
Griffith, Hart, Hills, Wright and Wood—8.
Nays—Messrs. Barrett, Brown, Gastinel,
Lara, Lawton, Mithoff, Montamat, Newell,
Purcell, O'Connell, Sullivan and Springer
—12.
The Senate took up the minority report
of the Committee on Ways and Means on
the bill authorizing the issuing of treasury
warrants.
A motion was made to dispense with the
reading of the report, and a motion to
table that motion was made and lost by the
following vote :
Yeas—Messrs. Barrett, Delage, Griffith,
Hart, Hills, Lara, Lawton Mithoff. Newell,
O'Connell, Sullivan, Springer, Wright and
Wood—14.
Nays—Messrs. Boyce, Benson and Gas-
tinel—3.
The Senate then adjourned until 12
o'clock m., to-morrow.
Approved.
Joiin B. Neelis,
Secretary.
Thursday, Feb. 9, 1865.
The Senate met and was called to order
at 12 o'clock m., pursuant to adjournment.
Present—Hon. J. Madison Weils, lieuten-
ant governor and president of the Senate,
and the following members, viz :
Messrs. Brown, Boyce, Benson, Hart,
Hills, O'Connell, Sullivan and Walter—8.
On motion of Mr. Boyce, warrants "were
issued for absent members.
Mr. O'Connell moved to adjourn, which
motion was lost by the following vote :
Yeas—Messrs. Hart, Lawton and O'Con-
nell—3.
Nays—Messrs. Barrett, Brown, Boyce,
Benson, Hills, Lara, Montamat, Nicolas,
Purcell, Sullivan and Walter—11.
On motion of Mr. Hills, the sergeant-at-
arms was authorized to employ as many
assistants as may be necessary to procure
the attendance of absent members.
Mr. Barrett moved to adjourn, which
motion was lost by jthe following vote :
■ Yeas—Messrs. Barrett and Lawton—2.
Nays—Messrs^ Brown, Boyce, Benson,
Hart, Hills, Lara, Nicolas, O'Connell and
Sullivan—9.
Messrs. Jones and Gastinel appeared,
answered to their names and took their
seats ; when
Mr. Jones renewed' the motion to ad-
journ, which motion was lost by the fol-
lowing vote :
Yeas—Messrs. Gastinel, Jones, Lawton
and Walter—4.
Nays—Messrs. Barrett, Bell, Brown,
Boyce, Benson, Hills, Liara, Montamat,
Nicolas, Purcell, O'Connell and Sullivan—
12.
The president ruled that under article
26 of the constitution, the only business
OF THE
SENATE.
151
which can be done by less than a quorum is
to adjourn from day to day; and in the
absence of any law having been passed by
the General Assembly to enable a less
number than a quorum to compel the at-
tendance of absent members, the warrants
issued by the Senate for that purpose are
null ; whereupon,
A motion to adjourn prevailed by the
fallowing vote :
Yeas—Messrs. Barrett, Bell, Gastinel,
Hart, Lawton, Nicolas,- Purcell and O'Con-
nel—8.
Nays—Messrs. Brown, Benson, Hills,
Lara and Walter—5.
The Senate accordingly adjourned until
12 o'clock m., to-morrow.
Approved.
John E. Neelis,
Secretary.
Fkiiuy, Feb. 10, 1865.
The Senate met and was called to order
at 12 o'clock M-., pursuant to adjournment.
Present—Hon. J. Madisom Wells, lieu-
tenant governor and president of the Sen-
ate, and the following members :
Messrs. Barrett, Bell, Brownlee, Brown,
Boyce, Benson, Gastinel, Hart, Hills, Lara,
Lawton, Montamat, Nicolas, O'Connell,
Purcell. Sullivan and Walter—17.
Prayer was offered by Rev. Father Mur-
Phy- , .
There being no quorum, a motion was
made to adjourn, which motion was lost,
by the following vote :
Yeas—Messrs. Bell, Gastinel, Hart, Law-
ton and Nicolas—5.
Nays—Messrs. Barrett, Brown, Boyce,
Benson, Hills, Montaniat, Sullivan and Wal-
ter—9. - ,
The sergeant-at-arms was then directed
to bring, in absent members, when a motion
was made to adjourn, which was lost, by
the following vote :
~ Yeas—Messrs. Bell, Lawton, Montamat,
Nicolas, Purcell and O'Connell—6.
Nays—Messrs. Barrett, Brownlee, Brown,
Boyce,. Benson, Hills, Sullivan and Walter
—8.
The sergeant-at-arms returned and re-
ported that he had been .unable to find any
of the absent members,
When a motion to adjourn was made and
lost, by the following vote :
Yeas—Messrs. Bell, Lawton, Montamat,
Nicolas, Purcell and O'Connell—6.
Nays—Messrs. Barrett, Brownlee, Brown,
Boyce, Benson, Hills, Sullivan, Walter—8.
A call of the Senate was then made,
when 14 senators answered to their names.
A motion to adjourn was then made, and
lost, by the following vote :
Yeas—Messrs. Bell, Gastinel,- Hart, Pur-
cell and O'Connell—5.
Nays—Messrs. Barrett, Brownlee, Brown,
Boyce, Benson, Hills, Sullivan and Walter
—8.
The sergeant-at-arms again returned and
reported that he was unable to find the ab-
sent members, when a motion was again
made to adjourn, and carried, by the fol-
lowing vote :
Yeas—Messrs. Barrett, Bell, Boyce, Pur-
cell and Walter—5.
Nays—Messrs. Brown, Benson, Hills—3.
Approved. * *
John E. Neelts,
Seci etary.
Monday, Feb. 13, 1865.
The Senate met and was called to order
at 12 o'clock m., pursuant to adjournment.
Present—Hon. J. Madison Wells, lieu-
tenant governor and president of the Sen-
ate, and the following members :
Messrs. Barrett, Bell, Brownlee, Brown,
Boyce, Benson, Delage, Hart, Hills, Kava-
nagh, Lara, Montamat, Purcell, O'Connell
and Sullivan—15.
Absent—Messrs. Gastinel, Griffith, Jones,
Lawton, Mithoff, Newell, Nicolas, (excused)
Springer. Walter, Watson Wright and
Wood—12.
There being no quorum, after some delay,
Mr. Montamat moved to adjourn. Lost,
-by the following vote :
Yeas—Messrs. Brown, I^art, Montamat
and O'Connell—4.
Nays—Messrs. Bell, Brownlee, Boyce,
Benson, Delage, Hills, Kavanagh, Lara
and Sullivan—9.
Mr, Montamat then moved a call of the
House, which was ordered, when but 13
members answered to their names.
The motion to adjourn was again made,
and lost by,the following vote :
Yeas—Messrs. Brown, Hart and Monta-
mat—3.
Nays—Messrs. Bell, Brownlee, Boyce,
Benson, Delage, Hills, Kavanagh, Lara
and Sullivan—9.
A call of the House was again ordered,
when but 7 members responded.
The motion to adjourn was renewed, and
lost by the following vote :
Yeas—Messrs. Barrett and Montamat—2.
Nays—Messrs. Bell, Boyce, Benson,
Hills, Kavanagh and Lara—6.
The call of the House and motion to ad-
journ was repeatedly made with the fore-
going result, until half-past 6 o'clock p. m.,
when
The president called Mr. Jones to the
chair, and
A motion to adjourn until half-past 7,
o'clock this p. m., prevailed by the follow-
ing vote :
Yeas—Messrs. Bell, Hills, Jones, Kava-
nagh and Lara—5.
152
JOURNAL
Nays—Messrs. Brown, Boyce, Benson,
Hart and 0 Cdnnell—5.
At lialf-past 7 o'clock r. m., the Senate
was again called to order and.
On motion of Mr. Ilills it adjourned-
until 12 o'clock sr., to-morrow.
Approved.
John E. Neelis,
Secretary.
Tuesday, Feb. 14, 18C5.
The Senate met and was called to order
pursuant to adjournment.
Present—Hon. J. Madison WePs, lieu-
tenant governor and president of the Sen-
ate, and the following members :
Messrs. Bell, Br'ownlee, B'oyce, Benson,
Brown, Gastinel, Ilart, Hills, Kavanagh,
Lara, Montamat, Purcell, O'Connell and
Springer—14.
Absent—Messrs. Barrett, Delage, Grif-
fith, Jones, Lawton, Mithoff, Newell, Nico-
las, Sullivan, Walter, Watson, Wright and
Wood—13.
Prayer was' offered by Rev. Mr. Diossy.
There being no quorum, at 1 o'clock p. m.,
Mr. Hills moved to adjourn, which mo-
tio'n prevailed by the following vote :
Yeas—Messrs. Benson, Gastinel, Hart,
Ilills, Kavanagh, Lara, Purcell and
Springer—8.
Nays—Messrs. Bell, Brownlee, Brown,
Boyce and O'Connell—5.
The Senate accordingly adjourned until
12 o'clock m., to-morrow.
Approved.
John E.'Neelis,
Secretary.
Wednesday, Feb. 15, 1805-
The Senate met and was called to order
at 12 o'clock m., pursuant to adjournment.
Present—Hon. J. Madison Wells, lieuten-
ant governor and president of the' Senate,
and the following members :
Messrs. Barrett, Bell, Brown, Brownlee,
Boyce, Benson, Gastinel,^Hart, Ilills, Kav-
anagh, Lara, Montamat, Purcell and
O-'Connell—14.
Absent—Messrs. Delage, Griffith, Jones,
Lawton, Mithoff, Newel!, Nicolas, Sullivan,
Springer, Walter, Watson," Wright and
Wood—13.
There being no quorum, Mr. Hills moved
to adjourn, which motion was lost by the
following vote :
Yeas—Messrs. Barrett, Gastinel, Hills
and Kavanagh—4.
Nays—Messrs. Brownlee, Brown, Boyce,
Hart, Lara, Montamat, Purcell and O'Con-
nell—8.
After some discussion, the motion to ad-
journ was renewed, and lost, by the follow-
ing vote :
Yeas—Messrs. Barrett, Gastinel, Hart,
Hills, Kavanagh and- Purcell—6.
Nays—Messrs. Brownlee, Brown, Boyce,
Benson, Lara, Montamat and 0'Council—7.
After some further discussion, the Senate
adjourned until 12 o'clock jl, to-morrow.
Approved.
John E. Neelis,
Secretary
Tiiuusday, Feb. 16, 1805.
The Senate met and was called to order
at 12 o'clock m., pursuant to adjournment.
Present—Hon. J. Madison Wells, lieu-
tenant governor and president of the Sen-
ate, and the following members :
Messrs. Bell, Brownlee, Boyce, Benson,
Hart,, Hills, Kavanagh, Lara,- Mithoff, Mon-
tamat, O'Connell and Sullivan—12.
Absent—Messrs, Barrett, Brown, Delage,
Gastinel, Griffith. Jones, Lawton, Newell,
Nicolas-; Purcell, Springer, Walter, "Watson,
Wright and Wood—15.
There being no quorum# Mr. Kavanagh
moved to adjourn, which motion was lost,
by the following vote :
Yeas—Messrs. Hart, Kavanagh and Mit-
hoff—3.
Nays—Messrs. Bell, Brownlee, Boyce,
Benson, Hills, Lara, Montamat, O'Connell
and Sullivan—9.
At half past 1 o'clock, p. m., Mr. Bell re-
newed the motion to adjourn, yhich motion
prevailed by the following vote :
Yeas—Messrs. Bell, Benson, Hills, Lara,
Purcell and Sullivan—C.
Nays—Messrs. Brown and Boyce—2.
The Senate accordingly adjourned until
12 o'clock sr., to-morrow.
Approved.
J oiix E. Neelis, ,
Secretary.
Friday, Feb. 17, 1865.
The Senate met and was called to order
at 12 o'clock ii., pursuant to adjournment.
Present—Hon. J. Madison Wells, lieutenant
governor and president of the Senate, and
the following members :
Messrs. Barrett, Bell, Brownlee, Erown,
Boyce, Hart, Hills, Kavanagh, Lara, Mon-
tamat, Nicolas, Purcell, O'Connell, Sullivan
and "Walter—15.
After some delay, the roll was again call-
ed, when the following members answered
to their names :
Messrs*. Barrett, Bell, Brownlee', Brown,
Boyce, Benson, Gastinel, Hart, Hills, Jones,
Kavanagh, Lara, Montamat, Newell, Nico-
las, Purcell, O'Connell, Sullivan,Walter—19.
A quorum being present, the journals of
the last five days were read and approved.
Mr. Bell, on behalf of the Committee on
Printing, submitted the following report:
OF THE
SENATE.
153
New Orleans, Feb. 17, 1865.
The Printing Committee .of the Senate
and House of Representatives beg leave to
report, that in accordance with .item 5th,
section 10th, of "An act en-titled an act to
define the duties and compensation of State
printer," approved' Januarylst, 1865, they
have carefully examined the bills presented
by W. R. Fish, state printer, to January
1st, 1865, and find the same to be coirect,
amounting to ten thousand seven hundred
and sixty-one dollars and fifty-nine cents,
($10,761 59-100,) and recommend that the
same be paid.
• W. 1). Miller,
Ch'n House Com. Pub. Print.
. W. IT. Meeks,
R. L> Beldex,
P. Harnan,
Jacob Schillang,
P. E. R. Smith,
P. K. 0'Conner,
Robt. B. Bell,
Chair'n Senate Com. Print.
John Purcell,
Chas. W. "Boyce,
J. D. O'CoNNELL,
John T. Barrett.
The same member, on behalf of the
Committee on Auditing and Supervising
the«Expenses of the Senate, .submitted the
following report :
New Orleans, Feb. 17, 1865.
The Auditing and Supervising Commit-
tee on Expenses of the Senate, report that
after due examination, find the following
bills, with complete vouchers, to be
correct, and have approved and audited
the same, viz :
No. 58. Bill of N. 0. Times......
$156 00
No. 59.
.do.
Picayune
35 10
No. 60.
do.
Gage, Badger & Co.
19 38
No. 61.
do.
F. Wray
2 50
No. 62.
do.
Martin Cash
5 00
No. 63.
do.
P. Sherry.-.
3 00
No. 64.
do.
Geo. Duffy..'.. .v..
9 00
No. 65.
do.
N. O. Bee........
21 50
No. 66.
,do.
A. Williams..'....
7 25
No. 67.
do.
McManus, P. M...
10 00
No. 68.
do.
True Delta Office..
130 70
$399 43
No. 69.
do.
H. G. Stetson.....
451 50'
No. 70.
do.
Israel Jones
60 00
$910 93
Rob't B. Bell, Chairman.
John Purcell, .
R. R. Benson,
John Sullivan.
On motion, the foregoing reports were
received and adopted.
By a message from the House, through*
Mr. Westerfield, its clerk, the Senate was
informed that the House had concurred in
the Senate amendments to the House bill
relative to justices of the peace in the
'parish of Orleans.
Also, that the House had concurred in
the Senate amendments to the House sub-
stitute for the police bill, with the follow-
ing exception, viz :
Section 1. The word " more " is stricken
out, and the word " less " is reinstated.
Section 5. The words " by and with the
advice and consent of the Senate" is
stricken out.
Also, that the House has concurred in
the Senate bills for the relief of the Institu-
tion for the Deaf, Dumb and Blind ; lor the
relief of the Female Orphan Asylum and
Catholic Ladies' Benevolent Association,
with amendments in body and title.
The same message requested the concur-
rence of the Senate in the following House
bills :
" An act for the relief of the Association
of Catholic Ladies of Baton Rouge."
Joint • resolution ratifying a proposed
amendment to the Constitution of the Unit-
ed States.
This message was taken up under a sus-
pension of the rules, read a first and second
time, and under a further suspension of the
rules, was concurred in with its title by the
following vote :
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Boyce, Benson, Gastinel, Hart,
Hills, Kavanagh, Lara, Montamat, Newell,
Nicolas, Purcell, O'Gonnell, Sullivan and
Walter—18.
Nay—Mr. Jones—1.
By another message from the House, the
Senate was informed that the House had
-concurred in the Senate city charter, with
amendments.
Mr. Hart presented the memorial of the
officers and managers of the Orphans' Home,
asking for a renewal of the usual State ap-
propriations for this benevolent institution.
The memorial was received, read and
referred to the Committee on Charitable
Institutions.
Mr. Montamat gave notice that on some
future day he will introduce the following :
"An amendment to article 1st of the
Rules and Regulations of the Senate," and
A joint resolution relative to the ad-
journment of the General Assembly.
Mr. Hills presented a memorial of many
colored men, asking to be allowed the
right of suffrage. The. memorial was re-
ceivcd, and being read, was referred to a
special committee of five, consisting . of
'Messrs. Hills, Boyce, Montamat, Jones and
Newell.
Mr. O'Connell presented the following,
which was read and laid over under the
rules :
Resolved, That the thanks of this General
Assembly be and is hereby tendered to
that gallant officer and unswerving patriot,
154
JOURNAL
Major Gen. N. P. Banks, for the untiring
devotion and friendly spirit he has evinced
for the loyal people of Louisiana in his in-
defatigable efforts to counteract the wilful
misrepiesentations of our enemies, who
have tried every means in their power to
defeat the restoration of the Union, the
recognition of our State and the admission
of our Representatives and Senators in
Congress.
The foregoing having been read, a call of
the House was ordered, when only 17 sen-
ators answered to their names, whereupon,
The Senate adjourned until 12 o'clock
M., on Monday.
Approved.
John E. Neelis,
Secretary.
Monday, Feb. 20, 18G5.
. The Senate met and was called to order
at 12 o'clock ,j., pursuant to adjournment.
Present—Hon. J. Madison Wells, lieuten-
ant governor and president of the Senate,
and the following members :
Messrs. Barrett, Bell, Brownlee, Rrown,
Boyce, Benson, Delage, Hart, Hills, Kava-
nagh, Montamat, Nicolas, Purcell, Sullivan
and Walter- -15.
Absent—Messrs. Gastinel, Griffith, Jones,
Lara, Lawton, Mithoff, Newell, O'Connell,
Springer, Watson, Wright and AVood—12.
There being no quorum, Mr. Brownlee
moved to adjourn, which was lost by the
following vote :
Yeas—Messrs. Barrett, Bell, Brownlee,
Hart and Kavanagh—5.
Nays—Messrs. Brown, Boyce, Benson,
Delage, Hills, Montamat, Nicolas, Sullivan
and Walter—9.
After some waiting a call of the House
was ordered, when the following members
answered to their names :
Messrs. Barrett, Bell, Brownlee, Brown,
Boyce, Benson, Delage, Hart, Hills, Kava-
nagh, Montamat, Nicolas, Sullivan and
Walter—Id.
There still being no quorum, Mr. Boyce
moved to adjourn, which motion prevailed
by the following vote :
Yeas—Messrs. Barrett, Brownlee, Boyce,
Delage, Hart and Hills—6.
Nays—Messrs. Brown, Kavanagh, Mon-
tamat, Nicolas, Sullivan and Walter—G.
There being a tie, the president voted in
the affirmative, and the Senate accordingly
adjourned until 12 o'clock jl, to-morrow.
Approved.
John E. Neelis,
Secretary.
Tuesday, Feb. 21,1SG5.
The Senate met and was called to order
at 12 o'clock m., pursuant to adjournment.
Present—Hon. J. Madison Wells, lieuten-
ant governor and president of the Senate,
and the following members :
Messrs. Bell, Brownlee, Brown, Boyce,
Benson,' Hart, Hi lis, Kavanagh, Lara,
Nicolas, Sullivan and Walter—12.
Absent—Messrs. Barrett, Delage. Gasti-
nel, Griffith, Jones, Lawton, Mithoff, Mon-
tamat, Newell, Purcell,O'Connell, Springer,
Watson, Wright and AVood—15.
There being no quorum and to-morrow
being a dies non, the Senate adjourned
until Thursday, the 23d instant, at 12
o'clock m.
Approved. . ,
John E. Neelis,
Secretary.
.Thursday, Feb. 23, 1SG5.
The Senate met and was called to order
at 12 o'clock m., pursuant to adjournment.
Present—Hon. J. Madison AVells, lieuten-
ant governor and president of the Senate,
and the following members :
Messrs. Barrett, Bell, Brownlee, Boyce,
Delage, Hart, Hills, Kavanagh, Montamat,
Nicolas, Purcell, O'Connell, Sullivan and
AValter—14.
Absent—Messrs. Brown, Benson, Gasti-
nel, Griffith, Jones, Lara, Lawton, Mithoff,
Newell, Springer,AATitson, Wright, AAmod*—13.
There being no quorum, Mr. Hills moved
to adjourn, which motion was lost by the
following vote :
Yeas—Messrs. Delage. Hart and Ilills- 3.
Nays—Messrs. Barrett, Bell, Brownlee,
Boyce. Kavanagh. Montamat, Nicolas, Pur-
cell, O'Connell, Sullivan and AA'alter—11.
After some delay, Mr. Boyt e renewed
the motion to adjourn, which motion pre-
vailed, by the following vote:
Yeas—Messrs. Barrett, Brownlee, Boyce,
Hart, Kavanagh, Nicolas and Purcell—7.
Nays—Messrs. Delage, Montamat, Sul-
livan and AValter—4.
The Senate accordingly adjourned until
12 o'clock m., to-morrow.
Approved.
John E. Neelis,
Secretary.
Friday, Feb. 24, 1865.
The Senate met and was called to order-*'
at 12 o'clock m., pursuant to adjournment.
Present—Hon. J. Madison AVells, lieuten-
ant governor and president of the Senate,
and the following members :
Messrs. Barrett, Brownlee, Brown, Boyce,
Benson. Delage, Hart, Hills, Kavanagh,
Lara, Nicolas, Sullivan and AValter—13.
Absent—Messrs. Bell, Gastinel, Griffith,
Jones, Lawton, Mithoff, Montamat, Newell,
Purcell, O'Connell, Springer, AVatson, AVood
and Wright—14.
OF THE SENATE.
155
Mr. Boyce moved to adjourn, which mo-
tion prevailed, by the following vote :
Yfas—Messrs. Barrett, Bell, Boyce, Ben-
son, Delage, Hart, Hills, Kavanagh, Nico-
las, Pureed and Walter—11.
Nays—Messrs. Brownlee, Brown and Sul-
livan—3.
The Senate accordingly adjourned until
12 o'clock m., on Monday.
Approved.
John E. Neelts,
Secretary.
Monday, February 27,1865.
The Senate met and was called to order
at 12 o'clock m , pursuant to an adjourn-
ment. Present—Hon. J. Madison Wells,
lieutenant governor and piesident of the
Senate, and the following members :
Messrs. Barrett, Brownlee,uBrown, Boyce,
Benson. Pelage, Gastinel, Hart, Hills, Lara,
Montamat, Nicolas, Pureed, O'Connell, Sul-
livan, Walter—16.
There being no quorum present, Mr. Hills
moved to adjourn ; which motion was lost
; by the following vote :
Yeas—Messrs. Brown, Hart, Hills, Pur-
cell, Walter—5.
Nays—Messrs. Barrett, Bell, Brownlee,
Boyce, Benson, Delage, Gastinel, Lara,
Montamat, Nicolas, O'Connell, Sullivan—12.
After some delaythe roll was again called,
when seventeen senators answered.
There still being no quorum, Mr. Jones
moved to adjourn ; which motion was lost
by the following vote :
Yeas—Messrs. Brown, Boyce, Benson,
Walter—4.,
•Nays—Messrs. Barrett, Bell, Brownlee,
Delage, Lara, Mithoff, Montamat, Nicolas,
O'Connell, Sullivan—10.
After some fjirther delay, the following
members appeared and took their seats,
when a quorum was found to be present:
Messrs. Griffith, Jones, Lawton, Mithoff,
Newell, Springer, Wright and Wood.
The journal of the last five days' sessions
was read and approved.
On motion of Mr. Hills, the senators who
were absent when the vote was taken on
the adoption of the joint resolution, ratify-
ing the amendment to the constitution of
the United States, abolishing slavery, were
allowed to reconsider their votes ; when
Messrs. Delage and Griffith reconsidered
their votes in favor of the resolution.
The president submitted the following
communicatioij from the governor:
State op Louisiana, )
Executive Department, >-
New Orleans, Feb. 27, 1865. )
1o the Senate and House of Representatives
' of the State of Louisiana :
Gentlemen—I hereby resign the office of
governor, to take effect on the 3d of March
proximo, so that my occupancy of the office
may terminate with that date, and enable
my successor to be inaugurated, if con-
venient to your honorable bodies, on the
4th of March,
The one year of administration which I
have had as your governor, is a period to
which I shall ever advert with pride and
pleasure. Called to the office by a flatter-
ing vote of the people, I entered upon its
duties with diffidence and a full sense of its
responsibilities. I leave it without self-
reproach, with pride at having performed a
part, however humble, in the triumphs and
glories which have marked the history of
Louisiana during the past year. At its
commencement, half the State-—the por-
tion exempted by proclamation— held
slaves. By a vote, approaching unanimity,
every slave has been since set free ; and
slavery will never more have an existence
in fact or a sanction in law in the State of
Louisiana. Justice to a hitherto enslaved
race has not ended here. T^he most exten-
sive as well as impartial and equal pro-
visions have been made for their education,
while our constitution, keeping pace with
the spirit of the age, hgs provided for their
complete equality before the law, including
the extension to them of the highest privil-
ege of citizenship. I have no hesitation in
saying that its terms will justify the adop-
tion of universal suffrage, whenever it shall-
be deemed wise and timely; and if the most
devoted enthusiast shall complain that the
doors have not beem thrown opeil at once
to all, he must admit, as we can claim, that
our State has progressed farther than three-
fourths of the northern States, while show-
ing tenfold more rapidity of progress in
liberality of sentiment than any of them.
We trust to vie in every noble and patri-
otic work with the best and foremost of our
sister States. Our State has furnished, and
is furnishing, in proportion to the able-
bodied men in the State, a quota to the
Union armies equal to that of any other
State. Even in the parishes within the
rebel military lines we are assured of the
existence of a union feeling; while the
presence in our midst of so many of their
best and most substantial citizens, as re-
-fugees, attests that every loyal Louisianian
was but, defrauded into the meshes of the
secession movement. Not only this, but
the return one • by one of her absent sons
to their homes and -firesides which has been
so marked of late shows that the embers of
secession feeling are dying' away, and but
for a relentless military despotism, the re-
bellion would have, ere this, closed, so far •
as Louisiana or any considerable portion
of her people is concerned. *
I speak of these things as encouraging
signs of the times. In Louisiana, which
now, as at the outset of the rebellion, can
156 JOUI
claim to be fully as loyal as Missouri, Ma-
rylanil or Kentucky, its inhabitants have
passed the Rubicon of their trials. The
power of secessionist!! is waning ; its inflii-
ence is now scarcely lelt amotlg onr people.
Our progress in civil reorganization has
been equally auspicious. A constitution
has been accepted by the people, which
has swept away not only the last vestige
of human bondage, but all the concomitant
blemishes upon civilization which stood
upon our statute books and were a part of
our in-tiluiions. The black code, so long
the reproach and regret of the humane and
enlightened of the world, exists no more.
The odious basis of representation which
gave to wealth and capital a leverage
against the mechanical and industrious
classes—which favored, as it was designed
to, the establishment of an oligarchy among.
American freemen—is removed at once,
without the necessity of a long and weari-
some agitation, as would otherwise have
been necessary for the attainment of the
simple justice of equal representation.
One voter is now equal to another and on-
. titled to the same privileges and propor-
tional representation. Older governments
and communities have had to battle for
years, without success, for this plain, prac-
tical and essentially republican measure.
Our constitution favors industry, secures
the reward of labor, guarantees impartial
education, invites immigration, and will
be the basis of a prosperity hitherto untold
in our annals.
I leave your chief executive office in the
hands of my constitutional successor,Lieu-
tenant Governor Wells. lie has already
received marks of the confidence of his
fellow citizens of this State, and is known to
you all for his patriotic antecedents. I have
full confidence that his administration of the
government will have the support of our
fellow-citizens, without distinction of party.
For myself, I shall never forget the
many .and flattering marks of kindness
I have received from my fellow citizens of
Louisiana. That confidence which they
have unwaveringly rewarded me, it will be
my endeavor ever to merit and justify.
Whether it be to serve her in the public or
the private station, her honor and her glory
it will be my constant aim to promote with
all the humble ability I can command.
I respectfully recommend the Legislature
to take such measures as may be necessary
to provide In a fitting manner for the inau-
gnration of Lieut. Gov. Wells in the office
of governor. Michael IIahx.
On motion of Mr. Montamat, the resigna-
tym of the governor was accepted, and his
communication was ordered to be spread
on the minutes.
Mr. Delage presented a resolution of
thanks to Gov. Hahn, for his patriotic and
faithful devotion to the interests and wel-
fare of this State, but pending the reading
of said resolution, a message from the
House was received, through Mr. Wester-
field, its clerk, requesting the concurrence
of the Senate in a joint resolution of thanks
to Gov. Hahn. On motion, the rules were
suspended, the message was taken up, and
under a suspension of the rules, the joint
resolution underwent its three several read-
ings and was concurred in with its title
by the following vote :
Yeas- Messrs. Barrett, Bell, Brownlee,
Brown, Boyce, Benson, Delage, Gastinel,'
Griffith, Hart, Hills, Jones, Lara, Lawton,
Mithoff, Montamat, Newell, Nicolas. Pur-
cell, O'Connell, Sullivan, Springer, Walter,
Wright, Wood—25.
The same message, requesting the con-
currence of the Senate in a joint resolution
tendering thunks to Gen. Sherman for
the success which, under God, has attended
his recent movements, paiticularly against
Charleston, the cradle of secession, was
unanimously adopted.
iAlso, a resolution appointing a joint com-
mlttee to make suitable preparation for the
inauguration of Lieutenant Governor Wells,
'as governor of the State.
On motion, the rules were suspended,
the loregoing messages were taken up, and
under a further suspension of the rules, the
resolutions underwent their three several
readings, and were concurred in with their
title.
The president appointed, under the last
resolution, Messrs. Montamat, Mithoff, Gas-
tinel, Delage and O'Connell, as the com-
mittee on the part of the Senate.
On motion of Mr. Boyce, he was excused
for the balance of the,day ; and
On motion of Mr. Hart, Mr. Kavanagh
was excused for Don-attendance.
Mr. Nicolas, on behalf of the Committee
on Enrollment, reported -as correctly en-
rolled,
" An act for the better management of
the institution for the deaf, dumb and
blind, at Baton Rouge."
• To-morrow being a holiday, on motion,
the Senate adjourned, until 12 o'clock m.,
on Wednesday, by the following vote :
Yeas—Messrs. Brown, Benson, Delage,
Gastinel, Lawton, Mithoff, Montamat, New-
ell, Nicolas, Purcell, Sullivan, Springer,
Wright and. Wood—14.
Nays—Messrs. Bell, Hart, Hills, Lara,
O'Connell and Walter—6.
Approved.
John E. Neelis,
Secretary.
Wednesday, March 1, 18.65.
The Senate met and was called to order
at 12 o'clock m., pursuant to adjournment.
OF THE SENATE.
157.
Present—Hon. J. Madison AVells, lieuten-
anl governor and president of the Senate,
.and the following members, viz: Messrs,
Bell, Brownlee, Brown. Griffith, Hart, Hills,
Jones, Lawton, Mithoff, Newell, Purcel!,
Springer, AYalter, Wright, Wood—1£.
Absent—Messrs. Barrett, Delage" Gasti-
net, Kavanagh, (excused,) Montamat, Nico-
las, O'Connell, Sullivan, Watson--10.
There being no quorum, after some delay,
the Senate adjourned until 12 o'clock" m.,
to-morrow.
Approved.
John E. Neeeis,
Secretary.
Thuiisday, March 2, 1865.
The Senate met and was called to order
at 12 o'clock m., pursuant to adjournment.
Present—Hon. J. Madison Wells, liente-
nant-governor.and president of the Senate,
•and the following members :
Messrs. Barrett, Bell, Brownlee, Brown,
Boyce, Delage, Gastinel, Griffith, Hart,
Hills, Jones, Lara, Lawton, Mithoff, Monta-
mat, Newell, Purcel!, O'Connell, Springer,
Walter, Wright, Wood—22.
The journals of Monday and Wednesday
were read approved.
Mr. O'Connell presented the reports from
the commissioners of the several drainage
districts, made in conformity with a joint
resolution of the General Assembly.
On motion, said reports were received,
and ordered to be printed.
Mr. Bell gave notice, that on some future
day he will introduce an act defining what
officer sliall act as governor, when the
office of governor and lieutenant-governor
may be vacant at the same time.
On motion of Mr. Delage, Mr.-Nicolas
, was excused for a few days.
Mr. Montamat presented a joint resolu-
tion relative to the adjournment of the
General Assembly, and moved a susperi-
sion-of the rules, in order to pass the reso-
itttion ; which motion' was lost, by the fol-
lowing vote, as two-thirds did not vote in
the affirmative:
Yeas—Messrs. Bell, Brown, Boyce, Hart,
Hills, Lara, Lawton, Montamat, Purcell,
O'Connell, Walter—11.
■ Nays—Messrs. Barrett, Brownlee, De-
lage, Gastinel, Griffith, Jones, Mithoff, New-
ell, Springer, Wright, AYood—11.
Mr. Montamat presented the following,
and moved a suspension of the rules to
adopt the same, which motion was lost, by
the following vote:
Yeas—Messrs. Bell, Brownlee, Boyce.
Delage, Hills, Mithoff..Purcell, AA'alter—8.
Nays—Messrs. Brown, Gastinel, Griffith,
Jones, Lawton, Montamat, Neweli, O'Con-
nell, Springer, Wright, AYood—11.
Mr. O'Connell presented a memorial of
certain citizens of the parishes of Plaque-
mines and St. Bernard, praying for relief
from the negligence of the Mexican Gulf
Railroad, which memorial was received
and referred to the Committee on Internal
Improvements.
By a message from the House, through
Mr. Westerfield, its clerk, the signature of
the president was requested to the joint re-
solution relative to the resignation of Gov-
ernor Ilahn
Joint resolution of thanks to General
Sherman, and a joint resolution relative to
the inauguration of Governor AYells.
The same message requested the concur-
rence of the Senate,in
" An act relatveuto justices of the peace
in the parish of Jefferson."
" An act to provide for the care and safe-
keeping of the grounds and property of the
late State capitol," and the
Joint resolution inviting Major General
Hurlbut, commanding Department of the
Gulf, to be present at the.inauguration of
Governor AA'ells, and address the General
Assembly."
On motion, the last message was taken
np. • The resolution was amended, oji mo-
tion of Mr. Boyce, by adding the name of
Major General Canby, commanding Mili-
tary Division AYest Mississippi, and the re-
solution was concurred in.
The president appointed Messrs. Mithgff,
Lawton ami Hills, on the pait of the Sen-
ate, to compose the committee raised by
the, adoption of said resolution.
The Senate then adjourned until 12
o'clock m., to-morrow.
Approved.
John E. Neelis,
Secretary.
Friday, March 3, 1865.
The Senate met and was called to order
at 12 o'clock m., pursuant to adjournment,
Hon. J. Madison AYells, lieutenant governor,
presiding, and the following members being
present:
Messrs. Barrett. Bell, Brown, Boyce, De-
lage, Gastinel, Griffith, Hart, Hills, Jones,
Lara, Lawton, Montamat, Mithoff, Purcell,
Springer, AYalter, AYright, AYood—19.
The journal of yesterday was read and
approved. #
Mr. Brown gave notice that on some^K
ture day he will introduce an act for en-
forcing the attendance cf members of the
Senate.
Mr. Mithoff, on behalf of the Special Joint
Committee to wait on Generals Canby and
Hurlbut, and invite them to address the
General Assembly on the inauguration of
Governor AYells, reported verbally that the
committee had discharged its duty—that
Gen. Canby did not expect to be in the city,
158
JOURNAL
but if he should, he would, with pleasure
comply with the desire of the General As
sembly.
Mr. Mithoff also submitted the following :
Headquarters Department op the Gulp, |
New Orleans, March 3, 1805. J
To the General Assembly of Louisiana:
I have the honor to acknowledge receipt
of your joint resolution of March 2d, 1865,
and to reply that I shall take pleasure in
attending upon the inauguration ceremo-
nies to-morrow, and if it is desired, have no
olyectiori to addressing the Assembly upon
matters pertaining to our common interest
and common country.
Your obedient servant,
(Signed) S. A. Huklbct, M. G. C.
Through Joint Committee, Mr. Mithoff,
Chairman.
On motion, the Senate then adjourned
until 11 o'clock on to-morrow, to "meet in-
formally in the hall of the House ot Repre-
sentatives to witness the inauguration cer-
emonies of the governor of the State ot
Louisiana.
Approved.
John E. Neelts,
Secretary.
Saturday, March 4, 1865.
Pursuant to adjournment, the Senate met
in informal session in the hall of the House
of Representatives, for the purpbse of par-
ticipating in the inauguration ceremonies of
Governor Wells.
Mr. Gastinel, president pro tem. of the
Senate, ordered the roll of that body to be
called, when twenty-four senators answered
to their names.
On. motion of Mr. Montamat, the Senate
then adjourned until 12 o'clock m., on Mon-
day, 6th instant.
Approved.
John E. Neelts,
Secretary.
Monday, March 6, 1865.
The Senate met and was called to order
at 12 o'clock m., pursuant to adjournment,
by Hon. L. Gastinel, president pro tem.
The roll was called, and the following
members answered to their names, viz:
Messrs. Barrett, Bell, Brfiwnlee, Brown,
Boyce, Delage, Griffith, Hart, Hills, Jones,
Kavanagh, Lawton, Mithoff, Montamat,
Newell, O'Connell, Purcell, Springer, Sulli-
van, Walter, Wright and Wood—22.
Prayer was offered by Rev. Dr. Newman.
The journal of Friday and Saturday was
read and approved.
Mr. Montamat moved chat the Senate
proceed to elect a permanent president of
the Senate, which motion prevailed, by the
following vote :
Yeas—Messrs. Barrett, Delage, Griffith,
Hart, Jones, Kavanagh, Lawton, Mithoff,
Montamat, Newell, Purcell, Springer, Sulli-
van, Walter, Wright and Wood—16.
Nays—Messrs. Bell, Brown, Boyce, Ben-
son and Lara—5.
The Senate then proceeded to the elee-
tion, Mr. Montamat nominating Hon. L,
Gastinel and Mr. Brown nominating Mr.
Boyce. •
Messrs. Barrett, Bell, Brownlee, Boyce,
Benson, Delage, Griffith, Hart, Jones, Kav-
anagh, Lara, Lawton, Mithoff, Montamat,
Newell, O'Connell, Purcell, Springer, Sul-
livan, Walter, Wright and Wood, 22, voted
for Mr. Gastinel, and Messrs. Brown, Gasti-
nel and Hills, 3, voted for Mr. Boyce.
On motion of Mr. Hills, Mr. Gastinel was
declared unanimously elected, and Mr.
Montamat, who had been temporarily called
to the chair, appointed Messrs. Hills, Jones
and Boyce to introduce and conduct the
president elect to the chair, which being
done, Mr. Gastinel made a brief and appro-
priate address, and thanking the Senate,
entered on the discharge of his duty as
president of the Senate.
On motion of Mr. Sullivan, the Senate
proceeded to elect a president pro tem. of
the Senate.
Messrs. Lawton, Bell, Boyce, Hills, Lara
and Griffith were each severally nominated,
but all declined except the two first named.
Messrs. Barrett, Bell, Brownlee, Delage,
Griffith, Hart, Jones, Kavanagh, Lara, Mit-
hoff, Montamat, Newell, O'Connell, Purcell,
Sullivan, Springer, Walter, Wright and
Wood, 19, voted for Mr. Lawton, and
Messrs. Brown, Boyce, Benson, Hills and
Lawton, 5, voted for Mr. Bell.
On motion, the election of Mr. Lawton
was declared unanimous.
Mr. Benson moved to adjourn, which mo-
tion was lost by the following vote :
Yea—Mr. Benson—1.
Nays—Messrs. Barrett. Bell, Brownlee,
Brown, Boyce, Delage. Griffith, Hart, Hills,
Jones, Kavanagh, La Lawton. Newell,
O'Connell, Purcell, Sullivan, Springer,
Walter, Wright and Wood - :1.
Mr. Bell gave notice tnat, on some ic.are
day, he will introduce "An act to divide
the State into five Congressional Dis-
tricts."
Mr. Hills presented the following resolu-
tiort:
Itesolved, That the Senate will hereafter
hold evening sessions in addition to its
regular 12 o'clock session, to begin at 7
o'clock.
The foregoing was adopted, by the fol-
lowing vote .*
Yeas—Messrs. Bell, Brown, Boyce, Ben-
son, Delage, Griffith, llart, Hills, Kava-
nagh, Lara, Lawton, Newton. O'Connell,
Purcell, Sullivan and Walter—16.
OF THE
SENATE.
159
Nays—Messrs. Barrett, Bell, Wright and
Wood—4.
The " Bill relative to justices of the peace
for the parish of Jefferson," and the " Bill
to provide for the care and safe keeping of
the grounds and property of the late capitol
of the State," underwent their first reading.
The ''Bill to define the duties of state
lax collectors"was ordered to be printed and
made the order of the day for Wednesday
next.
Mr. Montamat moved to adjourn, which
motion was lost by the following vote :
Yeas—Messrs. Deluge, Kavauagh, Mon-
tamat, Springer and Wood—5.
Nays—Messrs. Barrett, Bell, Brown,
Boyce, Benson, Griffith, Hart, Hills, Lara,
Lawton, Newell, O'Conneli, Purcell, Sulli-
van and Walter—15.
The Senate then took up the reports on
the " bill authorizing the issue of State
treasury warrants," and, on motion of Mr.
Hills, the minority report was rejected by
the following vote :
Yeas—Messrs. Bell, Boyce, Delage, Grif-
fith, Hills. Kavanagh, Lawton, Montamat,
Purcell, Sullivan, Springer, Walter and
Wood—13. (
Nays—Messrs. Barrett, Brown, 'Benson,
Hart, Jones, Lafa, Mithoff, Montamat, New-
ell, O'Conneli and Wright—10.
The bill was then ordered to be printed
and made the order of the day for Thurs-
day next.
Mr Hills moved to adjourn until 7 o'clock
this p. mT, which motion prevailed by the
following- vote:
< Yeas- Messrs. Benson. Delage, Griffith,
Hart, H lis. Jones, Kavanagh, Mithoff, Mon-
tamat, Newell. O'Conneli, Purcell, Sulli-
van,Springer,Walter,Wright and Wood—17.
Nays—Messrs. Barrett, Bell, Brownlee,
Brown, Boyce, Lara and Lawton—7.
The Senate accordingly adjourned.
evening session.
The Senate was called to order at 7
o'clock p. M., pursuant to adjournment.
Hon. L. Gastinel, president, in the chair,
and the following members, present :
Messrs. Bell, Boyce, Griffith, Hart, Hills,
Kavanagh, Montamat, Purcell and Wood—9.
There being no quorum, Mr. Montamat
moved to take a recess until half-past
seven, which motion was lost by the fol-
lowing vote :
Yeas—Messrs. Bell, Montamat, Pnrcell-3.
Nays — Messrs. Boyce, Griffith, Hart,
Hills and Kavanagh—5.
A mo ion to adjourn was lost by the
following' vote :
Yeas—None.
Nays - Messrs. Bell, Boyce, Griffith,
Hart, Hills, Kavanagh, Montamat, Purcell
and Wood—9.
After some delay a call of the House was
ordered, and 11 members answered ; when,
On motion, the Senate adjourned until 12
o'clock m., to-morrow, by the following
vote :
Yeas--Messrs. Bell, Delage, Griffith,
Montamat, Purcell and Wood -6.
Nays—Messrs. Brown, Boyce, Hart—3.
Approved.
John E. Neelis,
Secretary.
Tuesday, March 7, 1865.
The Senate met at 12 o'clock m., pursu-
ant to adjournment, and, at a quarter past
12 o'clock m., (the president being absent)
the Senate was called to order by Hon. W.
H. Lawton, president pro temf
The roll being called, the following sen-
ators answered to their names :
Messrs. Brownlee, Brown, Boyce, Grif-
fith, Hart, Hills, Lara, Lawton, Montamat,
Nicolas, Springer, Wright and Wood—13.
There being no quorum, a motion was
made to adjourn. Lost, by the following
vote : \ '
Yeas—Messrs. Brown, Boyce, Hart, Hills
and Walter—5.
Nays—Messrs. Barrett, Bell, Delage,
Griffith, Lara, Lawton,. Montamat, Newell,
Nicolas, Springer and Wood—11.
After some delay, Messrs. Barrett, Bell,
Delage, Gastinel, Newell, Purcell and Wal-
ter having entered, and answered to their
names, a quorum was found to be present,
when the president took the chair ; and,
The journal of yesterday was read and
approved.
Mr. Lara presented the following, which
was read :
Be it resolved by the Senate and lipase of
Representatives of the State of Louisiana, in
General Assembly convened, That the Senate
and House of Representatives do adjourn
sine die on Saturday, March 11th, 1865.
A motion to suspend the rules to adopt
the foregoing resolution was lost by the
following vote:
Yeas—Messrs. Brown, Boyce, Benson,
Hart, Hills, Kavanagh, Lara, Montamat,
Purcell, O'Conneli and Walter—11.
Nays—Messrs. Barrett,., Bell, Brownlee,
Delage, Griffith, Lawton, Newell, Nicolas,
Springer, Wright and Wood—11.
Mr. Bell presented " An act to divide the
State into five Congressional Districts,"
which was read a first time ; when,
A motion was made to suspend the rules,
but two-thirds not voting in favor of the
motion, it was lost by the following vote :
Yeas—Messrs. Barrett, Bell, Brownlee,
Delage, Griffith, Kavanagh, Lara, Monta-
mat, Purcell, Walter and Wright—12.
160
JOURNAL
Nays—Messrs. Brown, Boyce, Benson,
Ilait, Ilillsj Lawton, Nicolas, Springer and
Wood—9.
By a message from the House, through
its clerk, the signature of the president was
requested to the following enrolled House
hill :
An act relative to justices of the peace
in the parish of Orleans."
The same message requested the concur-
rence of the Senate in the following :
" An act to organize and establish free
public schools in the State of Louisiana. "
" An act to provide for increasing the
revenue of the State and raise means to
pay the interest on the State debt."
" Joint resolution appropriating $10,000
for repairs of the Charity Hospital."
The rules were suspended, and the
last joint resolution was read a first and'
second time and referred to the Committee
on Charitable Institutions.
The revenue bill was ordered to be
printed and made the order of the day for
Monday next, at o'clock p. m.
The school bill of the IIous$ was referred
to the Committee on Public Education.
The city charter was then taken, up, and
a motion to postpone its consideration for
two weeks,-was carried by the following
vote :
Yeas—Messrs. Barrett, Belage, Griffith,
Jones, Kavanagh, Lawton, Mithoff, Monta-
mat, Newell, Nicolas, Purcell, Sullivan,
Walter, Wright and Wood—15.
Nays—Messrs. Bell, Brown, Boyce, Ben-
son, Hart, Hills and Lara—7.
The bill to provide for- the removal of
causes pending in tbO'Suprerne Court, was
read a second time, and referred to the
Judiciary Committee. ■
The police bill was taken up, and its fur-
ther consideration postponed for two weeks,
by th# following vote :
Yeas—Messrs. Barrett, Brownlee, Brown,
Delage, Griffith, Jones, Kavanagh, Lawton,
Mithoff, Mori'am at, Newell, Nicolas, Pur-
cell, Springer, Walter, "Wright and Wood
—17.
Nays—Messrs. Bell, Boyce, Bcmson, Hart,
Hills, Lara—6.
Mr; Bell moved to adjourn. Lost by the
following vote
Yeas—Messrs. Bell, Boyce, Benson*Hart,
Hills, Walter—G.
Nays—Messrs. Barrett, Brownlee, Brown,
Delage, Griffith, Jones, Kavanagh, Lara,
Lawton, Mithoff, Montamat, Newell, Nicolas,
Purcell, Springer, .Wright, Wood—17.
The bill for the relief of Augustin Gaude
and Mathilde Emilie Gaude was read a
second time, when a motion to suspend the
rules to pass the bill, prevailed, by the fol-
lowing vote :
Yeas—Messrs. Barrett, Brownlee, Boyce,
Delage, Griffith, Jones, Kavanagh, Lawton,
Mithoff, Montamat, Newell, Nicolas, Pur-
cell, Springer, Wright, Wood—16.
Nays—Messrs. Bell, Brown, Hills and
Lara—4.
The bill passed its final reading, by the
following vote :
Yeas—Messrs. Barrett, Brownlee, Boyce,
Delage, Griffith, Jones, Kavanagh, Lawton,
Mithoff, Montamat, Newell, Nicolas, Pur-
cell, Springer, Wright, Wood—16.
Nays—Messrs. Bell, Brown, Hills and
Lara—4.
A motion to adjourn, was lost by the fol-
lowing vote :
Yeas—Messrs. Brownlee, Brown, Boyce,
Griffith, Hills, Lara, Wright—7.
Nays — Messrs. Barrett, Bell, Delage,
Jones, Kavanagh, Lawton, Mithoff, Monta-
mat, Newell, Nicolas, Purcell, Springer,
Walter, Wood—14.
The Senate bill to organize free public
schools was recommitted to the Committee
on Public Education.
The bill to appropriate bounty money to
the first regiment New Orleans volunteers,
being read a second time, a motion to refer
the same to the Committee on Militia, pre-
vailed by the following vote : •
YEAS-sMessrs. Barrett, Bell, Boyce. Grif-
fith, Jones, Kavanagh, Lawton, Mithoff,
Montamat, Newell, Nicolas, Purcell,
Springer, Walter,.Wright, Wood—16.
Nays—Messrs. Hills, and Lara—2.
The resolution of thanks to General
Banks was passed by the following vote :
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Boyce, Delage, Hart, Hills, Jones,
Kavanagh, Lawton, Mithoff, Montamat,
Newell, Nicolas, Purcell, Springer, Walteri
Wright, Wrood—20.
Nay—Mr. Lara—1.
Mr. Wright" moved to adjourn. Lost by
the following vote :
Yeas—Messrs. Brown, Boyce, Delage,
Griffith, Hills, Newell, Springer, Wright
and Wood—9.
Nays—Messrs. Barrett, Brownlee, Hart,
Jones, Kavanagh, Lara, Lawton, Mithoff,
Montamat, Nicolas, Purcell and Walter—
12.
The bill to provide for the payment of
bounty to volunteers from the State, was
read a second time and referred to the
Committee on Militia.
Mr. Montamat asked for a suspension of
the rules to allow him to introduce a reso-
lution rescinding the resolution to hold
evening sessions. The request was refused
by the following vote :
Yeas—Messrs: Bell, Brownlee, Griffith,
Montamat, Newell, Nicolas, Wright and.
Wood—8.
Nays—Messrs. Barrett, Brown. Boyce,
Delage, Hart, Hills, Kavanagh, Lara, Law-
ton, Mithoff, Purcell, Springer and Walter
-13.
OF THE SENATE.
161
Mr. Boyce moved to adjourn, which mo-
tion was lost by the following vote :
Yeas — Messrs. Brown, Boyce, Griffith.
Hills, Newell, Springer, Walter, Wright and
Wood—9.
Nays—Messrs. Barrett, Bell, Brownlee,
Delage, Hart, Kavanagh, Lara, Lawton,
Mithoff, Montamat, Nicolas and Purcell—
12.
The following bills underwent their
second readings and were referred to ap-
propriate committees, as follows :
To the Judiciary Committee :
An act relative to justices of the peace
in the parish of Jefferson."
" An act giving jurisdiction to the re-
corders of New Orleans in certain criminal
cases."
" An act relative to imprisonment for
debt.'
" An act to amend section 9 of an act
relative to juries in the parish of Orleans."
To the Special Committee on Rail-
Poads :
" An act relative to the Carrollton Rail-
road." •
To the Committee on Charitable Institu-
tions :
" An act for the relief of the Female Or-
phan Asylum and Catholic Ladies' Benev-
olent Association," as amended by the
House.
The bill to provide for the care and safe-
keeping of the grounds and property of the
late State capitol, was taken up ; when,
Mr. Montamat moved its rejection. .
Mr. Lara called for the reading of the
bill ;
Which was ruled out of order.
The yeas and nays having been demand-
ed, the motion to reject was lost by the fol-
lowing vote :
Yeas—Messrs. Brownlee, Brown, Delage,
Griffith, Kavanagh, Lara, Montamat, Nico-
las and Wright—9.
Nays—Messrs. Barrett, Bell, Boyce, Hart,
Jones, Lawton, Mithoff,' Newell, Purcell,
Springer, Walter and Wood—12.
When the name of Mr. Hills was called
on the foregoing vote, he refused to vote,
on the ground that he could not be com-
polled to vote on a bill the nature of which
lie knew nothing about.
The Senate refused to excuse Mr. Hills,
who persisted in declining to vote.
The name of Mr. Hills was passed over
for the time being, and. the roll proceeded
with, as above.
The bilf was then referred to the "Com-
mittee on Public Lands." ■
A motion to adjourn until 7 o'clock this
p. m., prevailed by the following vote':
Yeas—Messrs. Brown, Boyce, Delage,
Griffith, Hills, Kavanagh, Lawton, Spring-
er, Walter, Wright and Wood—11.
Nays—Messrs. Barrett, Bell, Brownlee, I
All
Hart, Jones, Lara, Mithoff, Montamat,
Newell, Nicolas and Purcell—11.
There being a tie, the president voted
yea, and the Senate adjourned.
evening session.
The president being absent, the Senate
was called to order by Hon. W. H. Lawton,
president pro tem., and the roll being .called,
the following members answered to their
names:
Messrs. Barrett, Bell, Brown, Boyce, Ben-
son, Delage, Hart, Hills, Kavanagh, Law-
ton, Newell, Wright, Wood-—13.
There being no quorum, the Senate ad-
jovrned by the following vote :
Yeas—Messrs. Barrett, Delage, Hart,
Newell, Wright, Wood, Lawton—7.
Nays—Messrs. Bell, Brown, Boyce, Ben-
son, Hills, Kavanagh—G.
Approved.
John E. Neelis,
Secretary.
Wednesday, March 8, 1865.
At 12 o'clock m., pursuant to adjourn-
ment, (the president being absent,) on mo-
tion of Mr. Hills, Mr. Boyce was called to
the chair, and "the Senate being called to
order, the secretary called the roll, when
Messrs. Brown, Boyce, Benson, Hills and
Wright, 5 senators, answered to their names.
There being no quorum, on motion of
Mr. Ilills, the Senate adjourned until 7
o'clock, this p. m.
evening session.
The Senate met and was called to order
at 7 o'clock, pursuant to adjournment.
Hon. L. Gastinel, pi/sident, in the chair,
and the following members, present :
Messrs. Barrett, Bell, Brownlee, Boyce,
Griffith, Hills, Jones, Kavanagh, Lawton,
Mithoff, Montamat. Newell, Nicolas, Pur-
cell, O'Conn.dl, Sullivan, Springer, Walter,
Wright and Wood —20.
The journal of yesterday was read and
approved. '
Mr. Benson, on behalf of the Committee
on Charitable Institutions, reported favor-
ably on the bill appropriating $10,000 for
repairs to the Charity Hospital.
The following resolution was offered by
Mr. Bell :
Resolved, That the resolution adopted by
the Senate on March 6th, calling evening
sessions, be and the same is hereby re-
sclnded.
The foregoing was adopted by the fol-
lowing vote :
162
JOURNAL
Yeas—Messrs. Barrett, Bell, Brownlee,
Delage, Griffith, Hart, Jones, Kavanagh,
Lawton, Mithoff, Montamat, Newell, Nice-
las, Purcell, O'Connell, Sullivan, Springer,
Walter, Wright and Wood—20.
Nats—Messrs. Brown, Bovce, Benson
and Hills—4.
Mr. Montamat presented the following
preamble and resolution, which were unani-
mously adopted :
Whereas, It has pleased the Almighty
Ruler of the Universe to take from
amongst us, in the midst ot liis useful-
ness, one of the members of the General
Assembly—the Hon. F. Henratty, of the
House of Representatives ; therefore,
Be it resolved, That when the Senate ad-
journ, it will adjourn to meet on Friday,
the 10th inst., at 12 m
Be it f urther resolved, That the members
of the Senate are hereby requested and in-
vited to attend the funeral of the deceased
on to-morrow, the 9th inst.. at 9 o'clock a.
m., fro® his late residence, on Madison
street. St Algiers, or McDonoughville.
Mr. Boy ce moved to adjourn, which mo-
tion was lost by the following vote :
Yeas — Messrs. Boyce, Benson, Hills,
Kavanagh, Newell and Nicolas—(1.
Nays—Messrs. Barrett, Bell, Brownlee,
Brown, Delage, Griffith, Hart, Jones, Law-
ton, Mithoff. Montamat, Purcell, Sullivan.
Springer, Walter, Wright and Wood—17.
The Senate took up. at its second read-
ing, the bill defining the duties of State tax
collectors, the first section of which having
•been read,
Mr. Montamat moved to substitute in the
8th line, the figures $25,000," lor
" $50,000." and m the 0th line, the figures
" $20,000." for "$30.000," and " $15,000."
for " $20,000."
All of which amendments were tabled,
when
A motion to adjourn prevailed by the
following vote :
Yeas—Messrs. Barrett, Delage, Griffith.
Hills, Jones, Kavanagh, Newell, Nicolas,
Sullivan, Wright and Wood—11.
Nays—Messrs. Bell, Brownlee, Brown,
Hart, Lawton, Mithoff, Montamat, Pur-
cell and Springer—9.
The Senate accordingly adjourned until
Friday, the 10th instant,'at 12 o'clock m.
Approved.
John E. Nkelts,
Secretary.
Friday, March 10, 1865.
The Senate met and was called to order
at 12 o'clock m., pursuant to adjournment,
Hon. L. Gastinel, president, in the chair,
and the following members present
Messrs. Barrett,Brownlee, Brown, Boyce,
Griffith, Hills, Jones, Kavanagh, Lawton.
Mithoff, Newell, Nicolas, Purcell, O'Con-
nel, Springer, Walter, Wright and Wood—
18.
Prayer was offered by Rev. Father
Murphy.
The journal of yesterday was read and
approved.
On motion of Mr. Brown, the injunction
of secrecy was removed from all executive
sessions heretofore held by the Senate.
Mr. Mithoff presented the following reso-
lutions which were adopted :
Resolved by the Senate. That a committee
of five be appointed, with power to send
for persons and papers, to examine the
books kept by the register of voters in the
city of New Orleans, since August 17th,
1864, and report at an early day—
1st'. If the laws of the United States re-
lating to the naturalization of aliens, and
the ordinance of the Convention of 1864, de-
fining the qualifications of voters, have been
complied with by said register, in the re-
gistration of persons by him. •
2nd. If any departure has been made
therefrom, by what and whose authority it
was ordered.
3d. If any person or persons have been
registered outside of the register's office.
If so, at what place or places, and if the
book of registry and seal of office was
carried out mid used on. tnose occasions.
4th. If the present register has furnished'
his bond, as required by law, and the date
of said bond ; and if he has fully complied
with the law prescribing 'he mode, and
form of registration.
The president appointed under said res-
olution the following committee : Messrs.
Mithoff, Montamat, Lawton, O'Connell a»d
Kavanagh.
Mr. Hills called up the resolution rela-
five to the adjournment of the General
Assembly'.
A motion to postpone the ' consideration
of said resolution until Monday, the 13th
inst., prevailed by the following vote :
Yeas—Messrs. Barrett, Griffith, Jones,
Kavanagh. Lawton, Mithoff, Montamat,
Newell, Nicolas, Purcell, O'Connell. Spring-
er, Walter, Wright and Wood—15.
Nays—Messrs. Brown, Boyce, Hills and
Lara—4.
Mr. Bell, on behalf of the Committee on
Printing, submitted the following report,
which was, on motion, received and adopt-
ed:
The Printing Committee of the Senate
and House of Representatives beg leave to
report, that in accordance with item 5tb,,
and section 10th of an act entitled " An
act to define the duties and compensation
of state printer," approved January 1st,
1865, they have carefully examined the
bills presented by W. R. Fish, state printer,
to January 31st, 18G5, and find the same to
OF THE SENATE.
163
be correct, amounting to thirty-five hun-
dred and thirty dollars and thirteen cents
($3530 13), and recommend that the same
be paid. Rob't B. Bell,
Chairman Senate Committee on Printing.
Chas. W. Boyce,
J. D. O'connell,
John T. Barrett,
John Purcell.
\V. D. Miller,
Chairman House Committee Printing.
W. R. Meeks,
P. IIarnan,
Jacob Sciiillang,
P. K. O Conner,
P. E. R. Smith.
The bill to define the duties of State tax
collectors, being the unfinished business,
was taken up, and, on motion of Mr. Brown,
referred to a special committee of five,
upon which the president appointed Messrs.
Brown, Jones, Bell, Nicolas and Purcell.
The bill to divide the State into five
Congressional Districts was read a second
time and referred to Judiciary Committee.
The bill appropriating $10,000 for the
repairs of the Charity Hospital, passed its
second reading and was ordered to be en-
grossed for its third reading.
The resolutions relative to the firemen
were laid on the iable, subject to call.
The act concerning the masters and
wardens of the port of New Orleans was
taken up and concurred in by the follow-
xng vote :
Yeas—Messrs. Barrett, Bell, Brownlee,
Griffith, Lawton, Mithoff, Montamat, Newell,
Purcell, Springer. Wright and Wood—12.
Nays—Messrs. Brown, Boyce, Hills, Kav-
anagh, Lara, Nicolas, and Walter,-—-7.
Mr. Hills moved to amend the title of
said act so as to read " An act for the
benefit of the masters and wardens,'' which
was tabled by the following vote :
Yeas- Messrs Barrett, Bell, Brownlee,
Griffith, Jones, Lawton, Mithoff, Montamat,
Newell, Purcell. O'Connell, Springer,
Wright and Wood—14.
Nays—Messrs. Brown, Boyce, Hills,''Kav-
anagh, Lara, Nicolas and Walter—7.
The ■ title was then adopted without
amendment.
The bill to establish a bounty fund for
the benefit of Louisiana State volunteers
was taken up at its third reading and con-
curred in. as amended.
The bill to amend article 3465 of the
Civil Code was laid on the table.
The bill to amend article 2653 of the
Civil Code was taken up at its third read-
ing and passed with title.
On motion, the Senate then adjourned
until 12 o'clock m., on Monday next.
Approved.
John E. Neelis,
Secretary.
Monday, March 13, 1865.
The Senate met and was called to order
at 12 o'clock m., pursuant to adjournment,
Hon. L. Gastinel, president, in the chair,
and the following members present:
Messrs. Barrett, Bell, Brownlee, Brown,
Boyce, Delage, Griffith, Hills, Jones, Kavan-
agh, Lawton, Mithoff, Montamat, Newell,
Nicolas, O'Connell, Sullivan, Walter,
Wright, Wood—20.
Prayer was offered by Rev. Mr. Pearnes.
The journal of Friday was read and ap-
proved.
Mr. Jones, on behalf of the Judiciary
Committee, reported favorably on the fol-
lowing bills :
"An act relative to justices of the peace
in the parish of Jefferson."
Rules suspended and concurred in with
title.
"An act to provide for the removal of all
causes pending in the Supreme Court, or
other courts of the State, under the consti-
tution of 1852."
"An act giving jurisdiction to the recor-
ders of New Orleans in certain criminal
cases."
The same member, on behalf of the same
committee reported unfavorably on the fol-
lowing :
"An act to amend the 9th section of an
act relative to juries in the parish of Or-
leans." <
"An act relative to imprisonment for
debt."
Mr. Montamat, on behalf of the Finance
Committee, submitted the following report:
To the honorable president and members of
the benate :
gnntlemen-*-Your committee beg leave
to submit the following report of the Fi-
nance Committee of the Senate, of warrants
drawn up to March 11th, for payment of
per diem of members, salaries of officers and '
employes, contingent expenses, and state
printing, for House and Senate :
Amount on last report $30,464 49
Warrant No. 20. Paid for per diem
of members, seven days ending
March 4th 1,512 00
Warrant No: 21. Paid salaries of
officers and 'employes, seven
days ending March 4th 742 00
Warrant No. 22. Paid per diem cf
members, seven days ending
March 11th 1.512 00
Warrant No. 23. Paid salaries of
officers and employes, seven
days ending March 11th 742 0.0
534.972 49
Ail of which is respectfully submitted.
John P. Montamat, Chairman.
John Sullivan.
Mr. Nicolas, on behalf of the Committee
on Enrollment, reported as correctly en-
164
JOURNAL
rolled and signed by llie late governor, 1lie
bill for the better management of flie in-
• stitution for the deaf, dumb and blind at
Baton Rouge.
On motion of Mr. Deluge, Mr. Nicolas
was added to the Committee on Amend-
nients to the Constitution.
Mr. Brown, on behalf of the special com-
mittee to which had been referred the bill
to define the duties of Slate tax collectors,
submitted the following :
To the honorable the president and members
of the Senate :
Gextlkmen—The undersigned special
committee to whom was referred " An act
to define the duties of State tax collectors,1-
beg leave to report favorably on said act,
with the following amendment:
In section 1, line 5, to strike out the
words, '• according to law, in a sum which
shall be equal to the amount of taxes
levied, according to the tax roll of each
parish, " and insert the words :
" That each of the parish tax collectors,
except the parish of Orleans, shall furnish
bonds in the sum of ten thousand dollars—
that said parish tax collector shall pay to
the Auditor of Public Accounts on the first
of every month the full amount of money
collected by him for State taxes in said
parish, during said month."
Section 14. Be it further enacted, the.,
That the collector shall at the end of each
and every month, post at the court house
door of their respective parishes, for in-
spectioa the names of all persons who
have paid their taxes and the amount that
each person 1ms paid. A list of the same
shall also be published in the parish paper,
where such taxes are respectively collected,
should*there be a paper published therein ;
and the said paper shall be entitled to three
cents for each name, amount included.
All of which is respectfully submitted.
W. Brown, Chairman.
Jos. Nicolas,
Robert B. Bell,
H. B. Joxes,
JoHX pukcell.
Mr. Nicolas, on behalf of the committee
to which had been referred the bill to
" provide for the car e and safe-keepiug of
the grounds and property of the late State
capitol,'-' submitted the following report:
Senate Chamber, 1
State of Louisiana, -
New Orleans, March 13. 1865. )
To the honorable the president and members
of the-Senate of the Stale of Louisiana :
The Committee on Public Lands, to whom
was referred the bill entitled '• An act to
provide for the care and safe keeping of,
the grounds and property of the late capitol
of the State of Louisiana," beg leave to re-
port, that they have taken the same in due
consideration, and have unanimously come
to the conclusion, that in each parish of
the State within the lines of the United
States army, the military authorities having
taken more or less possession of the State,
parish and town property, of all descrip-
tions, they are, at the present time, the best
and safest custodians of said property.
Therefore, they do report adversely to
the bill to them referred, and beg to be
discharged from any further consideration
of the same.
All of which is respectfully submitted.
J oseiti Nicolas," Chairman.
L. Gastixel.
The following named members gave no-
tice of their intention, on so'me future day
to introduce the hereinafter named bills :
Mr. Nicolas: " An act to regulate the
compensation of the police jurors through-
out the State."
Mr. Montamat: " An act relative to elec-
tions."
Mr. Delage : ' An act to enforce the laws
not inconsistent with the State constitu-
tion of 1864."
Mr. Bell presented the following :
Resolved. That the amendments to the
city charter of New Orleans, adopted by
the House of Representatives, be printed
for the use of the Senate, and that the said
city charter, with amendments, from the
House, be made the order of the day for
Thursday, March 16th, 1865.
Mr. Montamat moved to lay the fore-
going on the table, which motion prevailed
by the following vote :
Yeas—Messrs. Barrett, Brownlee, Delage,
Griffith, Jones, Ivavanagh, Lawton, Mithoff,
Montamat, Newell, Nicolas, Purcell, Sulli-
van, Springer, Walter, Wright, Wood—17.
Nats—Messrs. Bell, Boyce, Hills—3.
Mr. Hills called up the joint resolution
relative to the. adjournment of the General
Assembly.
Mr. Montamat presented a substitute for
the foregoing, to the effect that the Senate
will adjourn sine die on the first Tuesday in
April, which substitute was unanimously
adopted, and on a suspension of the rules
passed with its title.
order of the day.
The House bill increasing the revenue
of the State, being the special order of the
day, was taken up, read and adopted
section by section, without amendment;
and the rules being suspended, the bill was
concurred in with its title.
On motion of Mr. Brown, the bill to de-
fine the duties of State tax collectors was
taken up. but pending the reading of the
report of the committee on said bill, the
Senate adjourned until 12 o'clock, >r., to-
morrow.
Approved.
Jonx E. Neelis,
Secretary.
OF THE
SENATE
165
Tuesday, March 14, 1865.
The Senate met and was called to order
at 12 o'clock m., pursuant to adjournment,
by Hon. W. H. Lawton, president pro tern.,
and the roll being callM the following
members answered to their names :
Messrs. Barrett, Brownlee, Brown, Boyce,
Griffith, Kavanagh, Lara, Lawton, Monta-
mat, Sullivan, Springer, Walter, Watson—13.
After a short delay the president ap-
peared and took the chair, and the follow-
ing members appeared and answered to
their names :
Messrs. Benson, Delage, Hart, Jones,
Newell, Wright and Wood—7.
A quorum being; present, the journal of
yesterday was read and approved.
Mr. Boyce, on behalf of the Committee
on Militia, reported unfavorably on the
two bills making appropriations for bounty
to Louisiana State volunteers, and recom-
mending the rejection of said bills.
The report was received and adopted
and the bill rejected.
Mr. Brown gave notice that on some
future day he will introduce " An act
fixing the salaries of judges of the supreme
and inferior courts:"
The bill to define the duties of State tax
collectors, being the unfinished business,
was taken up.
The amendments reported by the special
committee were adopted.
The first section was amended, on motion
of Mr. Montamat, so as to require the tax
collectors to settle quarterly, instead of
monthly, and the fourteenth section was
also amended so as to correspond with the
above mentioned amendment. ,
Mr. Nicolas moved, as an additional sec-
tion, to be called the fifteenth section, that
the sixty-sixth section of the act to raise a
revenue, (vide Revised Statutes page 473)
be inserted, which was adopted.
The bill was then adopted as a whole, as
amended. x
The title was then amended by adding,
"and fix the compensation," to come in
between the words " duties'-' and " of
The rules were then suspended and the
bill read a third time and concurred in, as
amended.
The Senate then took up the bill to au-
thorize the issuing of state treasury war-
rants for outstanding debts of the State ;
but,
On motion of Mr. Nicolas, its considera-
tion was postponed until to-morrow.
On motion, the Senate then went into
executive session, and after some time the
doors were opened, when the Senate took
up the following and disposed of them as
hereinafter stated :
" An act to provide for the safe keeping
of the grounds and property of the late
capitol at Baton Rouge."
A motion to reject the bill, was lost by
the following vote :
Yeas—Messrs. Bell. Kavanagh,Montamat,
Nicolas, Purcell, Sullivan, Springer and
Wright—8.
Nays—Messrs. Barrett, Brownlee, Grif-
fith, Hart, Jones, Kavanagh, Lawton, New-
ell, O'Connell, Walter, Wood—11.
The bill was then amended by making
the salary of the keeper, sixty dollars per
month, in lieu of qne thousand dollars, pay-
able monthly.
The bill was then adopted as amended, and
under a suspension of the rules, it was read
a third time and concurred in with its title.
•' Joint resolution appropriating $10,000
for repairs of Charity Hospital," concurred
in with title.
•• An act to provide for the removal of
all causes pending in the Supreme Court,
or other courts of the State, under the con-
stitution of 1852."
Rules suspended, read a second and third
time, and passed with its title.
" An act to amend section 9 th of an act
relative to juries in the parish of Orleans."
This bill was adopted on its second read-
ing, and under a suspension of the rules,
was read a third time, and was passed with
its title by the following vote :
Yeas—Messrs. Barrett, Bell, Brownlee,
Delage. Griffith, Hart, Kavanagh, Lawton,
Montamat, Newell, Nicolas, Purcell, O'Con-
nell, Sullivan, Springer, Walter, Wright,
Wood—18.
Nay—Mr. Jones.
" An act relative to imprisonment for
debt."
The unfavorable report of the committee
.on this bill was adopted and the bill re-
jected.
A motion to adjourn, was lost by the fol-
lowing vote :
Yeas—Messrs. Delage, Hart; Jones, Nico-
las, Wright—5.
Nays—Messrs. Barrett, Bell, Brownlee,
Brown, Griffith. Kavanagh, Lawton, Monta-
mat, Newell, Purcell, Sullivan, Springer,
Walter, Wood—14-.
By a message from the House," through
Mr. Westerfield, its clerk, the concurrence
of the Senate was requested in the follow-
ing House bills :
" An act appropriating the sum of $158,
to defray the expenses of inauguration of
J. M. Wells as governor of the State."
'• An act to amend ifn act amendatory of
certain acts to incorporate the city of Jef-
ferson."
On motion of Mr. Montamat, the injnnc-
tion of secfesy was removed from the exec-
utive session. •
The Senate then adjourned until 12
o'clock m. to-morrow.
Approved.
Jonx E. Neelts, Secretary.
166
JOURNAL
Wednesday, March 15, 1865.
The Senate met, and was called to order
at 12 o'clock m., pursuant to adjournment,
Hon. L. Gastinel, president, in the chair,
and the roll being called, the following
members answered to their names :
Messrs. Barrett, Bell, Brownlee, Brown,
Boyce, Griffith, Hart, Jones, Lara, Lawton,
Mithoff, Montamat, Newell, Nicolas, Purcell,
O'Connell, Springer, Walter, Wright and
Wood—21.
Prayer was offered by Rev. Mr. Chubbuck.
The journal of yesterday' was read and
approved.
Mr. O'Connell, on behalf of the Commit-
tee on Internal Improvements, submitted
the following report:
To the honorable president and members of
the Senate:
Gentlemen—Your Committee on Internal
Improvements, to which was referred " An
act to enable certain persons to construct
a steamboat canal from Vermillion Bay to
the Sabine river, at a point near the mouth
of the Neches river, in the State of Texas,"
respectfully submit:
That, after a careful examination of the
bill, having amended the second section,
by striking out the " proviso," they report
favorably, and recommend its immediate
passage.
Signed and respectfully submitted by all
the members of the committee.
J. 1). O'Connell, Chairman.
Z. Griffith,
Robert B. Bell,
L. Gastinel.
To the honorable the president and members
of the Senate :
Gentlemen—Your Committee on Inter-
nal Improvements to which was referred
" An act to authorize the City Corporation
of New- Orleans to build a good and sub-
stantial foot bridge on the New Basin
canal, at the intersection of Liberty
street," report that, after a careful examin-
ation of the bill, they report favorably,
and recommend its immediate passage.
Signed, and respectfully submitted by
all the members of the Committee.
J. I). O'Connell,
Z. Griffith,
Rout. B. Bell,
L. Gastinel.
Mr. Brownlee presented the following :
Besolved, That hereafter, the door-keeper
be instructed b}r the chair not to allow
members to pass, so as to»break a quorum.
The foregoing resolution was adopted by
the following vote :
Y eas—Messrs. Bell, Brownlee, Delage,
Hart, Jones, Lara, Lawton, Mithoff, New-
ell, Nicolas, O'Connell, Springer, Walter
and Wright—14.
Nays-—Messrs. Barrett, Brown, Boyce,
Griffith, Montamat, Purcell and Wood—7.
Mr. Delage gave notice that he will move
to reconsider the foregoing vote.
Mr. Montamat presented the following :
Besolved, That the members of the Senate
who do not answer to their names within
fifteen minutes after 12 o'clock m., shall for-
feit their per diem for every day of such ab-
sence, except those absent, with leave, from
•the Senate.
Besolved, further, That the secretary is
hereby instructed to furnish, daily, a list of
the names of members not answering to
roll-call, as provided in the foregoing reso-
lution, to the Chairman of the Finance
Committee.
A motion to table the foregoing was lost
by the following vote :
Yeas—Messrs. Boyce, Delage,. Griffith,
Lara, Newell, Springer, Wright and Wood
—8.
Nays—Messrs. Barrett, Bell, Brownlee,
Brown, Hart, Jones, Lawton, Mithoff. Mon-
tamat, Nicolas, Purcell, .O'Connell and
Walter—13.
The resolution was amended, on motion
of Mr. Boyce, by adding, " or who may be
excused by the Senate."
The resolution was then adopted by the
following vote:
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Boyce, Delage, Hart, Jones. Law-
ton, Mithoff, Montamat, Newell, Nicolas,
Purcell, O'Connell, Walter, Wright—17.
Nays -Messrs. Griffith, Lara, Springer,
Wood—4.
Mr. Bell presented the following :
Besolved, That the Committee on Print-
ing be and are hereby authorized to employ
one clerk.
A motion to adopt the foregoing was lost
by .the following vote :
Yeas—Messrs. Bell, Griffith, Nicolas and
Springer—4.
Nays—Messrs. Barrett, Brownlee,Brown,
Boyce, Delage, Hart, Jones, Lara, Lawton,
Mithoff, Newell, Purcell, O'Connell, Wal-
ter, Wright, Wood—16.
The bill to authorize the issue of State
warrants was taken up as the unfinished
business, when Mr. Nicolas presented a
substitute, which, together with the original
bill, was referred to the Committee on
Ways and Means, with instructions to re-
port before Wednesday, the 22d inst., for
which day the bills were made the order of
the day.
The bill appropriating $358 to pay the
expense of the governor's inauguration,
was, under a suspension of the rules, read
a first, second and third time, and con-
curred in.
The bill amending the charter of the city
of Jefferson was taken up and read a first
and second time, when Mr. Nicolas pro-
posed to amend the first section as follows :
After the word " qualified," strike out and
OF THE SENATE.
167
insert " that the nine aldermen shall enter
upon the discharge of their duties on the
first Monday of June following, and the
officers above enumerated shall enter upon
the discharge of their several offices on the
first Monday of July following."
The bill and amendment were referred
to the Judiciary Committee, with instruc-
tions to report before Friday next, for
which the bill is made the order of the day.
The Senate then adjourned until 12
o'clock m., to-morrow.
Approved.
John E. Neelis,
Secretary.
Thursday, March 16,1865.
The Senate met, and was called to order
at 12 o'clock m., by Hon. W. H. Lawton,
president pro tern., and the roll being called,
the following members answered to their
names:
Messrs. Barrett, Bell, Brownlee, Brown,
Delage, Griffith, Kavanagh, Lawton, Mit-
hoff, Montamat, Nicolas, O'Connell, Sulli-
van, Springer, Walter, Wright, Wood—17.
After some delay, Mr. Gastinel appeared
and took the chair, and Messrs. Lara and
Newell having entered and answered to their
names, a quorum was found to be present.
J The journal of yesterday was read and
approved.
Mr. Nicolas reported the joint resolution
relative to adjournment, to be correctly
' enrolled.
Mr. Brownlee moved that Messrs. Benson
and Hart be excused on account of their
absence for a charitable purpose.
The motion to excuse was lost—yeas 9 ;
nays 11, as follows :
Yeas—Messrs. Barrett, Brownlee, Delage,
Griffith, Kavanagh, Lara, O'Connell, Wal-
ter, Wright—9.
Nays—Messrs. Bell, Brown, Lawton, Mit-
hoff, Montamat, Newell, Nicolas, Purcell,
Sullivan, Springer, Wood—11.
Mr. Montamat submitted the following :
I vote no for the following reasons : It is
in violation of article • 34 of the rules and
regulations of the Senate, that reads thus :
"Art. 34. No committee shall sit during
the sitting of the Senate without special
leave."
Mr. Delage moved to reconsider the vote
of yesterday, by which Mr. Brownlee's res-
olution was adopted. This motion prevailed
0y the following vote :
Yeas—Messrs. Brown, Delage, Griffith,
Kavanagh, Lara, Lawton, Montamat, Nico-
las, Purcell, O'Connell, Sullivan and
Wright—12.
Nays—Messrs. Barrett, Bell, Brownlee,
Mithoff, Newell, Springer, Walter, Wood—8.
A motion to reject the resolution was
then lost by the following vote :
Yeas—Messrs. Browi), Delage," Griffith,
Kavanagh, Montamat, Nicolas, O'Connell,
Wright—8.
Nays—Messrs. Barrett, Bell, Brownlee,
Lara, Lawton, Mithoff, Newell, Purcell,
Sullivan, Springer, Walter, Wood—12.
Mr. Montamat then moved to postpone
the further consideration of said resolution
until next Saturday week. This motion
was lost by the following vote :
Yeas—Messrs. Brown, Griffith, Kavanagh,
Montamat, Newell, Nicolas, O'Connell,
Sullivan—8.
Nays—Messrs. Barrett,- Bell, Brownlee,
Lara, Lawton, Mithoff, Purcell, Springer,
Walter, Wright, Wood—11.
The resolution was then adopted by the
following vote :
Yeas—Messrs. Barrett, Bell, Brownlee,
Lara, Lawton, Mithoff, Purcell, Springer,
Walter, Wright and Wood—11.
Nays—Messrs. Brown, Griffith. Kava-
nagh, Montamat, Newell, Nicolas, O'Con-
nell and Sullivan—8.
A message was received from the House,
through Mr.. Westerfield, its clerk, request-
ing the signature of the president of the
Senate to the bill relative to justices of the
peace in the parish of Jefferson, and the
bill concerning the masters and wardens of
the port of New Orleans. 1
Another message from the House, through
its clerk, informed the Senate that the
speaker of the House had signed the joint
resolution relative to adjournment.
Mr. Kavanagh presented the following :
JBe it resolved. That the special committee
to whom was referred the bill authorizing
the city of New Orleans to make certain
local improvements, be requested to report
on or before the 21st instant.
On motion, the foregoing was amended
so as to request Lie chairman of the com-
mittee to report, and the resolution was
adopted as amended.
Mr. Montamat, agreeably to previous
notice, introduced "An act relative to
elections."
The rules were suspended, said bill was
read a first and second time, by its title
only, and referred to the special joint
committee to revise the election laws.
The bill authorizing the city to build a
foot bridge across the New Canal at the
foot of Liberty street, was read a second
time, and, under a suspension of the rules,
was passed with its title.
The bill to enable certain persons to
build a canal from Yermillion Bay to the
Sabine river, was ordered to be printed
and made the order of the day for Monday
next, at 1 o'clock p. m.
The vote postponing the city charter for
two weeks, was reconsidered on motion of
Mr. Montamat, and the bill wa3 referred to
a special committee of three members, with
168
JOURNAL
instructions to report proper amendments
relative to the time of'holiing the elections.
The president appointed on said com-
mittee Messrs. Montamat, Kavanagh and
Barrett.
On motion, the Senate then adjourned
until 12 o'clock m., to-morrow.
' Approved. .
John E. Neelis,
Secretary.
Friday, March 17, 1865.
The Senate was .called to order at 12
o'clock m., pursuant to adjournment, by
Hon. L. Gastinel, president: and the roll
being called, the following members
answered to their names :
Messrs. Barrett, Brownlec, Bell, Brown,
Boyce, Benson, Delage, Griffith, Hart, Kav-
anagh, Lawton, Mithoff, Montamat, Newell,
Nicolas, Purcell, O'Connell, Sullivan,
Springer,IValter,Wright,Watson,AVood—23.
Prayer was offered by Rev. Father
Murphy.
The journal of yesterday was read, and
on motion of Mr. Brownlee, it was cor-
rected so that his motion shall read, " that
Messrs. Benson and Hart be excused, on
account of their absence for a charitable
purpose."
Thus amended, the journal was approved.
Mr. Barrett, on behalf of the committee
to which had been referred the " Act
amending the several acts incorporating
the City of Jefferson," reported favorably,
by substitute, on the same.
Mr. Mithoff, on behalf of the Committee
on Banks and Banking, submitted the fol-
lowing report :
To the honorable president and members of
the Senate of the State of Louisiana :
Gentlemen—Your Committee on Banks
and Banking having carefully reconsidered
the five bills on the Free banks, which
were re-committed to them, beg leave to
report, that they find no cause to change
their opinion in regard to tliem, and still
persist in recommending the passage of said
bills, believing it will be beneficial to the
people op the State.
All of which is respectfully submitted,
AYm. Mithoff, Chairman.
AY. H. Lawton,
John T. Barrett,
John P. Montamat.
John Sullivan,
L. Gastinel.
Mr. Bell, on behalf of the Committee on.
Auditing and Supervising the Expenses of
the Senate, submitted the following report:
New Orleans, March 17, 1865.
To the honorable president and members of
the Louisiana State Senate :
The Auditing and Supervising Commit-
tee on Expenses of the Senate, report that
after due examination find the following
bills to be correct with complete vouchers,
and have approved and audited the same,
viz:
No. 71. Bill of New Orleans Times $147 40
72. "
N. O. Independent.
6
00
73. "
N.O.Bee
20
00
74. "
Gage, Badger & Co
17
50
75. "
Henry Althoff... .
5
00
76. "
G. AY. Smith
6
00
77. "
Postmaster ,
10
00
78. "
J. H. Peters
22
00
79 "
T. Cook
30
10
80' "
AYm. Ewing
33
00
81. "
Israel Jones.......
GO
00
82. "
AYm. Joyce
6
00
83. "
II. Stetson
503
20
84. "
True Delta office...
126
00
$992 20
(Signed) R. B. Bell, Chairman.
Z. Griffith,
John Purcell,
R. R. Benson,
John Sullivan.
New Orleans, March 17, 1865.
The Printing Committee of the Senate
and House of Representatives beg leave to
report, that in accordance with item 5th
and section 10th of "An act.entitled an act
to define the duties and compensation of
state printer," approved January 10, 18C5,
they have carefully examined the bills
presented by AY. R. Fish, state printer, to
February 28, 1805, and find the same to
be correct, amounting to thirteen hundred
and ninety dollars and thirty-six cents,
($1390 36,) and recommend that the same
be paid.
Robt. B. Bell,
Chairman Senate Committee on Printing.
John Purcell,
J. D. O'Connell,
Ciias. AY. Boyce,
John T. Barrett,
AY. D. Miller,
Chairman House Committee on Printing.
AV. R. Meeks,
P. K. O'Conner,
R. L. Belden,
P. E. R. Smith,
Pat. IIarnan.
Mr. Montamat, on behalf of the Commit-
tee to which had been referred the city
charter, submitted the following report:
New Orleans, March 16, 1865.
To the honorable. president and members of.
the Stale Senate:
Gentlemen—Your committee to whom
was referred the city charter, to revise the
dates of elections, &c., &c., beg leave to
report and recommend the following
changes, to wit:
Section 8, third line, erase the words
" third Monday of March," and insert " first
Monday of June ; " in fifth line, erase the
OF THE
SENATE.
169
words " third Monday of March," and insert
Hi first Monday of June ; " in tenth line,
erase the words " second Monday of April,"
and insert the words " third Monday of
Juno."
Section 9, second line, erase " third Mon-
day of March," and insert "first Monday of
June ; " fourth line, erase " second Monday
of April," and insert "third Monday of
June."
Section 24, line second, erase the word
"May,"vand insert "July;" line fourth,
erase the word " June," and insert "August."
Section 25, line fifth, erase the words
"second Monday of April," and insert
" third Monday of June."
Section 70, line third, erase the word
"August," and insert "October."
Section 81, third line, erase the word
" May," and insert the word " June."
All of which is respectfully submitted,
John P. Montamat, Chairman.
M. D. Kavanagh,
John S. Barrett.
On motion of Mr. Bell, Mr. Hills was ex-
cused for his non-attendance, on account of
his attendance at a military commission as
a witness.
Mr.. Kavanagh obtained leave, and intro-
duced, without previous notice, "An act
to amend the first section of an act amenda-
tory of certain acts to incorporate the City
of Jefferson," which, under a suspension of
the rules, was read a first and "second time,
and referred to the Judiciary Committee,
with instructions to report a general bill.
Mr. Boyce moved to adjourn, which mo-
tion was lost—yeas 6, hays 15, as follows :
Yeas—Messrs. Bell, Boyce, Walter, Wat-
son, Wright, Wood—6.
Nays—Messrs. Barrett, Brownlee, Brown,
Griffith, Hart, Kavanagh, Lara, Lawton,
Mithoff, Montamat, Newell, Nicolas, O'Con-
nell, Sullivan, Springer—15.
Agreeably to previous notice, Mr. Mon-
tamat introduced " An act to enforce the
laws of the State of Louisiana," which, un-
der a suspension of the rules, underwent its
first and second reading and was referred
to the Judiciary Committee.
The city charter was then taken up. . On
motion, the amendments reported by the
committee were all adopted.
The motion to concur in the House
amendments, requiring the surveyor to be
a civil engineer, prevailed by the follow-
ing vote :
Yeas—Messrs. Brownlee, Delage, Griffith,'
Hart, Lawton, Mithoff, Purcell, Springer,
Watson, Wright, Wood—11.
Nays—Messrs. Barrett, Bell, Brown,
Boyce, Montamat, Nicolas, Sullivan, Wal-
ter—8.
Yhe motion to concur in the House
amendment striking out the words "ordi-
nances of the common council organizing
the same," and substituting in lieu thereof,
the words " acts of the Legislature pro-
viding for the same," was lost by the fol-
lowing vole:
Yeas—Messrs. Boyce, Delage, Griffith,
Watson, Wright—5.
Nays—Messrs. Barrett, Bell, Brownlee,
Brown, Lawton, Mithoff, Montamat, Nicolas,
Purcell, O'Connell, Sullivan, Springer, Wal-
ter, Wood—14.
On motion, the House amendment fixing
the salary of the Mayor at $5,000 per an-
num, was concurred in with an amendment
stating that it "shall not be more than
$5,000."
A motion to postpone the further con-
sideration of the bill until Tuesday, was
lost—yeas 4, nays 15, as follows :
Yeas—Messrs. Brown, Boyce, Delage,
Watson—4.
•Nays — Messrs. Barrett, Bell, Griffith,
Jones, Lawton, - Mithoff, Montamat, Newell,
Nicolas, Purcell. Sullivan,-Springer. Walter,
Wright, Wood—15.
The motion to concur in the House
amendment striking out in section 31 the
words " except such works as cannot be
otherwise done, without injury to the public
interest," was lost by the following vote:
Yeas—Messrs. Griffith, Kavanagh, Sulli-
van, Watson, Wright, Wood—6.
Nays—Messrs. Barrett, Bell, Brown,
Boyce, Delage, Jones, Lawton, Mithoff,
Montamat, Newell, Nicolas, Purcell, O'Con-
nell, Springer, Walter—15.
The motion to concur iu the additional
section to be ' called section 44, prevailed
—yeas 14, nays.5, as follows :
Yeas—Messrs. Barrett, Brown, Boyce,
Griffith, Mithoff, Montamat, Newell, Nico-
las, Purcell, O'Connell, Sullivan, Springer,
Walter and Wright—14.
Nays—Messrs. Bell, Delage, Kavanagh,
Lawton and Wood—5.
The additional section of the House, to
be called section 109, was concurred in by
the following vote:
Yeas—Messrs. Barrett, Boyce, Delage,
Griffith, Lawton, Mithoff, Newell, Nicolas,
Purcell, O'Connell, Springer, Walter, Wood
and Wright—14.
Nays—Messrs. Bell, Brown, Kavanagh,
Montamat and Sullivan—5.
The other amendments of the House to
the bill were concurred in without a di-
vision. "
Mr. O'Connell moved that a committee
of three members of the Senate and
members of the House be appointed as a
Committee of Conference on those amend-
ments in which the Senate did not concur.
Motion prevailed—yeas 11, nays 8-—as
follows :
Yeas—Messrs.fBarrett, Brownlee, Brown,
Delage, Gastinel" Griffith, Kavanagh, Law-
ton, Newell, Nicolas and Wood—11.
17.0
JOURNAL
Nays—Messrs. Bell, Mithoff, Montamat,
Purcell, Sullivan, Springer, Walter and
Wright—8.
The Senate then took up the report of
the committee on the bill amending the
charter of the city of Jefferson.
On motion, the substitute reported by
the committee was adopted, and the rules
being suspended, the bill was passed, with
its title.
Mr. Montamat gave notice that on some
future day he will introduce the following :
" An act for the relief of the charitable
institution Lafayette Lodge, No. 12."
" An act authorizing the inspectors of
weights and measures in the city of New
Orleans to appoint deputies."
A message from the House, through Mr.
Westerfield, requested the concurrence of
the Senate in the following House bills :
" An act relative to pilots."
" An act to amend the 9th section of an
act relative to juries in the parish of Or-
leans."
'• An act to amend section first of an act
entitled an act relative to divorces."
"An act relative to judicial advertise-
ments."
•• An act to regulate the fees of justices
of the peace and constables throughout
the State."
"An act relative to parish recorders."
" An act relative to district attorneys."
" An act for the relief of J. C. Premier-
gast."
The Senate then adjourned until 12
o'clock m., Monday, March 20, by the fol-
lowing vote :
Yeas—Messrs. Brownlee, Brown, Delage,
Griffith, Kavanagh, Newell, Nicolas, Pur-
cell, Springer, Watson, Wright and Wood
—12.
Nays—Messrs. Barrett, Lawton, Mithoff,
Montamat, Sullivan and Walter—(5.
Approved.
John E. Neelis, •
Secretary.
Monday, March 20, 1SG5.
The Senate met and was called to order
by Hon. L. Gastinel, at 12 o'clock m., pur-
suant to adjournment.
The roll being called, the following mem-
bers answered to their names :
Messrs. Barrett, Bell, Brownlee, Brown,
Boyce, Benson, Griffith, Hart, Hills, Lara,
Lawton, Mithoff, Montamat, Purcell,
O'Connell, Sullivan, Springer, Walter,
Wright and Wood—20.
Prayer was offered by Ret-. Dr. Newman.
The journal of Friday was read and
approved.
Mr. Purcell, on behalf of the Committee
on Ways: and Means, submitted the follow-
ing report :
The committee to whom was referred the
bill entitled " An act to authorize the issue
of treasury warrants," and also the
substitute offered by Senator Nicolas, beg
leave to report that they have examined
both the original and the substitute and
recommend that the substitute be rejected,
as the original act reported by the com-
mittee, in our opinion, covers the whole
ground.
Mr. Bell presented the following :
Resolved, That one thousand copies of
the valedictory message of Governor ITahn,
and of the" inaugural address of James
Madison Wells, be printed for the use of the
Senate:
Mr. Montamat moved to table the fore-
going resolution, which motion prevailed
by the following vote :
Yeas — Messrs. Boyce, Griffith, Lara,
•Lawton, Mithoff, Montamat, Newell, Spring-
or. Wright and Wood—10.
Nays ■—Messrs. Barrett, Bell, Benson,
Jones, Purcell, O'Connell, Sullivan, Walter
and Watson—9.
Mr. Mithoff presented a joint resolution
requesting the governor of the State to see
that the laws are enforced in the case of all
persons holding civil offices under the
State, who are required to furnish bonds
for the performance of their official duties.
Mr. Lara moved to suspend the rules in
order to take up said joint resolution,
which motion prevailed. Yeas, 20 ; nays,
none, as follows
Yeas—Messrs. Barrett, Bell, Boyce, Ben-
son, Griffith, Hills. Jones, Lara, Lawton,
Mithoff. Montamat, Newell, Purcell, O'Con-
nell. Sullivan, Springer. Walter, Watson,
Wright and Wood—20.
A motion to table the joint resolution
was lost by the following vote :
Yeas—Messrs. Brown, Boyce, Montamat,
Sullivan, Watson—-5.
Nays—-Messrs. Barrett, Bell, Benson,
Griffith, Hills, Jones. Lara, Lawton, Mithoff,
Newell, Purcell, O'Connell, Springer, Wal-
tor, Wright, Wood—16.
The resolution was adopted on its second
reading by a rising vote of 16 yeas, 3 nays.
And a motion to suspend the rules, in
order to adopt the bill on its third reading
prevailed'by the following vote :
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Griffith, Hills, Jones, Lara, Lawton,
Mithoff, Newell, Purcell, O'Connell, Spring-
er, Walter, Wright, Wood—17.
Nays—Messrs.,Brown, Boyce, Sullivan,
Watson—1.
The joint resolution was adopted with its
title.
The bill to enable certain persons to
construct a steamboat canal from Vermil-
lion Bay to the Sabine river, was taken up
and read section by section.
Mr. Boyce moved to amend the first sec-
OF THE SENATE.
171
tion by substituting the words "to the San
Antonio river, as nearly opposite the city
of San Antonio as possible," in lieu of the
wrords " at a point near the mouth of the
Neches river."
The amendment was tabled, as was also
another to substitute the words " Rio
Grande river, as nearly opposite the city of
Matamoros as possible," which was tabled
—yeas 16, nays 6, as follows :
Yeas—Messrs. Barrett, Bell, Brownlee,
Griffith, Hart, Jones, Lawton, Mithoff, New-
ell, Purcell, O'Connell, Sullivan, Springer,
Walter, Wright, Wood—16.
Nays—Messrs. Brown, Boyce, Benson,
Hills, Lara, Watson—6.
A motion to postpone the consideration
of the bill was lost by the following vote :
Yeas—Messrs. Brown, Boyce, Benson,
Hart, Hills, Lara, Springer—7.
NLvfrf—Messrs. Barrett, Bell, Brownlee,
Griffith. Jones, Lawton, Mithoff, Montamat,
Newell. Purcell, O'Connell, Sullivan, Wal-
ter, Wright, Wood—15.
A motion to reject the bill was then made,
and lost by the following vote :
Yeas — Messrs. Brown, Boyce, Hills,
Lara—4.
Nays—Messrs. Barrett, Bell, Brownlee,
Benson, Griffith, Hart, Jones, Lawton,. Mit-
hoff, Montamat, Newell, Purcell, O'Connell,
Sullivan, Springer, Walter,'Wright and
Wood- 18.
The first section was then adopted—yeas
16, nays 5, as follows:
Yeas — Messrs. Barrett, Bell, Griffith,
Jones, Lawton, Mithoff, Montamat, Newell,
Purcell, O'Connell, Sullivan, Springer,
Walter, Watson, Wright, Wood—16.
Nays—Messrs. Brown, Boyce, Hart, Hills,
Lara—5.
Mr. Mithoff moved to amend the second
section by inserting in line seven, after the
word canal, " or at the above rate, if the
canal is used for a part of its length
only."
The amendment was lost, when on mo-
tion of Mr. Lawton, the further considera-
tion of the bill was postponed until to-
morrow.
A motion to adjourn was lost by the fol-
lowing vote :
Yeas—Messrs. Brown, Benson, Hart and
Sullivan -4..
Nays—Messrs. Barrett, Bell, Brownlee,
Griffith, Hills, Jones, Lara, Lawton, Mithoff,
Montamat, Purcell, O'Connell, Wright and
Wood—14.
The following House bills were read a
first and second time and referred to the
Judiciary Committee.
" An act relative to parish recorders."
" An act relative to district attorneys."
.The House bill for the relief of J. C.
Prendergast was taken up on its first read-
ing.
Mr. Montamat moVed to reject the bill,
which motion was lost. Yeas, 5 ; nays, 15,
as follows :
Yeas—Messrs. Boyce, Griffith. Monta-
mat, Newell and Wood—5.
Nays—Messrs. Barrett, Bell, Brownlee,
Delage, Plart, Jones, Kavanagh, Lara, Law-
ton, Mithoff, Nicolas, Purcell, O'Connell,
Walter and Wright—15.
The bill was then read a first and second
time and referred to the Committee on
Claims.
The Senate then adjourned until 12
o'clock m., to morrow.
Approved.
John E. Neelis,
Secretary.
Tuesday, March 21, 1865.
The Senate was called to order at 12
o'clock m., pursuant to adjournment, by
Hon. W. H. Lawton, president pro tern., and
the roll being called, the following mem-
bers answered to their names :
Messrs. Bell, Boyce, Delage, Griffith, Lara,
Mithoff, Montamat, Newell, Nicolas, Sulli-
van, Springer, Walter, Watson, Wood—14.
There being no quorum, Mr. Boyce
moved to adjourn, which motion' was lost
by the following vote :
Yeas—Messrs. Boyce, Watson, Wright—3.
Nays—Messrs. Bell, Delage, Griffith, Lara,
Lawton, Mithoff, Montamat, Newell, Nicolas,
O'Connell, Sullivan, Springer, Walter and
Wright—14.
After sonje further delay, Messrs. Brown-
lee, Hills, Kavanagh and Barrett appeared
and answered to their names, when a quo-
rum was announced as being present.
The journal of yesterday was read and
approved.
Mr. Boyce presented the following reso-
lution :
Resolved, That all action upon all bills
of a private nature be, and the same is
hereby postponed until the bills of a gen-
eral nature on the calendar are disposed of.
This resolution was laid on the table by
the following vote :
Yeas—Messrs. Bell, Brownlee, Delage,
Griffith, Jones, Kavanagh, Lawton, Mithoff,
Newell, Nicolas, O'Connell, Sullivan,
Springer, Wright, Wood—15.
Nays—Messrs. Boyce, Lara, Waiter, Wat-
son—4.
Mr. Mithoff gave notice that he will, on
some future day, introduce "An act to
amend the act to define the duties and fix
the compensation of the state printer."
Mr. Boyce gave a similar notice of his
intention to introduce "An act incorporating
the parishes of Rapides and Avoyelles with,
the city of New Orleans, the two parishes
to form one of the municipalities of said
city, to be styled district No. 5."
172
JOURNAL
Agreeably to previous notice, Mr. Mon-
tamat introduced "An act authorizing the
inspector of weights and measures in the
city of New Orleans to appoint deputies,"
which was read, when a motion to suspend
the rules, in order to put the bill on its
second reading was made, upon which the
yeas and nays were demanded, and. resulted
—yeas 14,-nays 6, as follows :
Yeas—Messrs. Bell, Brownlee, Griffith,
Jones, Kavanagh, Lawton, Mithoff, Monta-
mat, Newell, Nicolas, O'Connell, Sullivan,
Springer, Wood—14.
Nays — Messrs. Boyce, Delage, Lara,
.Walter, Watson and Wright—(1.
Two-thirds not voting in favor of the
motion to suspend the rules, it was lost.
The following bills were taken up at
their first reading and disposed of as here-
inafter stated.
"An act relative to pilots." Referred
to the Committee on Commerce and Manu-
f'actures.
" An act to amend the 9th section of an
act relative to juries in the parish of Or-
leans." Laid over under the rules.
" An act relative to divorces." Referred
to the Judiciary Committee.
" An act relative to the fees of justices of
the peace and constables throughout the
State." Referred to the Judiciary Com-
mittee.
"An act relative to judicial advertise-
ments." Referred to the Judiciary Com-
mittee.
The bill to enable certain parties to con-
struct a canal from Vermillion Bay to the
Neches river, was, on motion of Mr. Mit-
hoff, • referred to a special committee of
five members ; and, on motion of Mr. Bar-
rett, it was made the order of the day for
Thursday next, 23d inst.
The president appointed on said com-
mittee Messrs. Mithoff, Montamat, Griffith,
Benson and Hills.
The bill to authorize the issue of State
warrants was taken up.
A motion to lay the same on the table
subject to call was lost by the following
vote :
Yeas—Messrs. Lara, Lawton and Mithoff
o
Nays—Messrs. Barrett, Bell, Brownlee,
Boyce, Griffith, Hills, Montamat, Newell,
Nicolas, Pureell, O'Connell, Sullivan,
Springer, Walter, Wright and Wood—16.
Mr. Montamat moved to strike out in the
6th section the words, " and attorney
general," which motion was lost by the
following vote :
Yeas—Messrs. Bell, Boyce, Hills, Monta-
mat, Springer, Walter and Wood—7.
Nays—Messrs. Barrett, Brownlee, De-
lage, Griffith, Kavanagh, Lara, Lawton,
Mithoff, Newell, Nicolas, Pureell, Sullivan
and Wright—13.
Mr. Montamat then moved to add, after
the word " attorney general," " and the
superintendent of public schools,"' which
motion was lost by a vote of 8 yeas to 12
nays.
Mr. Montamat then moved to add, after
the words " attorney general," the words,
" lieutenant governor, speakdt of the House
of Representatives, and president of the
Senate," which amendment was tabled by
a vote of' 15 yeas to 5 nays.
The section was then adopted without
amendment, by the following vote :
Yeas—Messrs. Barrett, Bell, Brownlee,
Boyce, Delage, Griffith, Hills, Kavanagh,
Newell. Nicolas,. Pureell, Springer, Sulli-
van, Walter, Wright and Wood—16.
Nays—Messrs. Lara, Lawton, Mithoff and
Montamat—4.
The bill was then adopted as a whole t>n
its second reading, and the rules having
been suspended, it was passed with its title,
by the following' vote :
Yeas—Messrs. Barrett, Brownlee, Boyce,
Delage, Griffith, Hills, Nicolas, Pureell, Snl-
livau, Springer, Walter, Wright, Wood—13.
Nays — Messrs. Bell, Kavanagh, Lara, '
Lawton, Mithoff, Montamat and Newell—7.
By a message from the House, through
Mr. Westerfieid, its clerk, the Senate was
informed that the House recedes from its
amendments to the city charter, which
were not concurred in by the Senate, and
also concurs in the Senate's amendments to
said bill and the House amendments
thereto.
The second message requests the concur-
rence of the Senate in the House bill rela-
tive to the offices of governor, lieutenant
governor, secretary of state and private
secretary of the governor.
On motion, the Senate then adjourned
until 12 o'clock m., to-morrow.
Approved.
John E. Nuklts,
Secretary.
Wednesday, March 22, 1865.
The Senate was called to order at 12
o'clock m., pursuant to adjournment, by
Hon. W. H. Lawton, president pro tem., and
the roll being called, the following mem-
bers answered to their names :
Messrs. Brown, Boyce, Benson, Hart,
Hills, Lawton, Mithoff, Nicolas* Sullivan,
Springer, Walter, Watson—12.
There being no qUorum, Mr. Watson
moved to adjourn, which motion was lost
by the following vote :
Yeas—Messrs. Hills and Watson—2.
Nays — Messrs. Brown, Hart, Mithoff,
Montamat, Nicolas, Sullivan, Springer,
Walter, Wood—9.
On motion of Mr. Boyce, the Senate took
a recess cf fifteen minutes, at the expira-
OF THE
SENATE.
173
tion of which time, the Senate was again
called to order by lion. L. Gastinel, presi-
dent, and the roll being called, the follow-
ing members answered to their names :
Messrs. Barrett, Bell, Brownlee, Brown,
Boyce, Delage, Griffith, Hart, Hills, Jones,
Kavanagh, Lawton, Mithoff, Montamat,
Newell, Nicolas, Purcell, O'Connell, Sulli-
van, Springer, Walter, Watson, Wright,
Wood—24.
There being a quorum present, the jour-"
nal of yesterday was read and approved.
' Mr. Jones, on behalf of the Judiciary
Committee, submitted the following report:
To the honorable president and members of
the Senate:
Gentlemen—Your committee beg leave
to offer the following report, to wit:
1st. On ''An act entitled an act relative
to parish recorders." The committee re-
ports favorably and recommend its pas-
sage.
2d. On "An act entitled an act to divide
the State of Louisiana into five congres- ■
sional districts." The committee reports
favorably and recommed its passage
3d. On "An act relative to the treasury
department. The committee reports un-
favorably on this act, and recommend its
rejection.
4th. On "An act entitled an act creating
the office of register of conveyances for the
parish of Orleans, situated on the right
bank of Mississippi river." The commitiee
reports unfavorably on this act, and reeom-
mend its reject ion.
5th. On "An act entitled an act to pro-
vide a lien law for the benefit of mechanics
and laborers." The committee reports un-
favorably, and recommend its rejection.
{ith. On-"An act entitled an act to pro-
vide for the election of a State tax collec-
tor in, and for the parish of Jefferson."
The committee reports favorably on this
act, and recommend its passage.
7th. On "An act entitled an act for the
relief of commerce and manufacture, re-
ported unfavorably by the committee, and
recommitted to the committee, February
1st, 1865." The committee still reports un-
favorably/and recommend^the rejection of
the act.
8th. OnJ-An act entitled an act relative
to district attorneys." The committee re-
ports favorably, and recommend its pas-
sage.
9th. On "An act entitled an act to
amend section 1st of an act entitled an act
amendatory of certain acts entitled ' an act
to incorporate the city of Jefferson,7 ap-
proved March 9th, 1850, and an act to
amend an act incorporating the city of
Jefferson, approved March 4th, 1852 ; and
an set to amend an act incorporating the
city of Jefferson, approved April 29th,
1853..ami the act amending the same, ap¬
proved March 18th, 185G." The committee
beg leave to report by a substitute, and
recommend its passage.
All of which is respectfully submitted,
Rorrr. B. Jones, Chairman.
Mr. Mithoff, on behalf of the Special Com-
mittee to examine the affairs of the Carroll-
ton and Lake Pontchartrain Railroad, sub-
mitted the following report:
The special committee appointed by the
Senate to examine the acts and charters of
the New Orleans and Carrollton Railroad,
and of the Jefferson and Lake Pontehar-
train Railway Company, beg leave to offer
the following report :'
The New Orleans and Carrollton Rail-
road Company, now existing, was chart-
ered by act, February 9, 1833, under the
above title—see section 1st of act,—and in
section 8th, it says : " that the duration of
this charter is limited to fifty years, and, if
not in operation within three years there-
from, then this act is null and void ; " and;
by a part of section (ith, exempts the shares
of the capital of said company from the
imposition of any tax or burthens of the
State during the space of five years. The
w ]}ole act contains twelve sections, and is
as complete as-can possibly be necessary
for the purpose of said railroad.
With several of the sections of thi3 act
the company does not comply, and the
general opinion of the community is
strongly, arid we are sorry to say justly,
against "the company,"who by an illiberal
and rather suicidal policy, has,, since a
great number of years, been ruled by the
maxim that this charter was granted to
them solely for.their own benefit,-rind that
•the interest of the public is entirely s'ubser-
" vient to this policy, and that, it is perfectly
indifferent to them whether by their actions
the public suffers or not. By an opposite
policy they would not only have gained
largely increased incomes lor themselves,
but the whole neighborhood of the railroad
'would have very rapidly and largely
gained in residents and permanent im-
provements. We-have heard only one
opinion in regard to this—ab and every
one complains. We ielt it our duty thero-
fore to investigate the charters anil acts in
regard to this railroad, very clearly and
strictly, and shall now lay the result before
this, honorable body.
It appears that in the year 1835, April
1st, the same company got " An act to
amend an agt to incorporate the New Or-
leans and Carrollton Railroad Company"
passed. This act confers the privilege to-
increase the capital stock of said company
to the sum of three million of dollars, in
shares of one hundred dollars each, for the
purpose of banking, with five branches in
different parts of the State, and further-
more, the exclusive privilege of building a
174
JOURNAL
railroad from Carrollton to Bayou Sara, 011
the left bank of the river. This road must
be finished within six years, or all of this
act is null and void, except the first carter.
(See section 11.)
The 6tli section is, that in case said com-
pany do not build said road in six years,
said bank shall pay to the State a bonus of
$20,000, annually, during the existence
of the charter, tor the public school
fund.
The 7th section provides also that if any
suspension or refusal of payments in lawful
money of the'United State, shall continue
for more than ninety days, the charter shall
be ipso facto forfeited and void.
Section 20 says, " that the capital stock
of said company, and the said railroad,
with all its continuations, works, improve-
ments and profits," Ac., Ac., Ac., shall be
exempt from the impositions of any tax or
burthens of this State during the term of
26 years, provided said railroad be com-
pleted and goes into operation.
After mentioning several duties, bonus
or obligations in this act, 'ike great and real
bonus," comes in section 22, that the rail-
road and all its fixtures shall become "the
property of the State, at the expiration of
seventy-five years from the date of its char-
ter, as a compensation in part of the priv-
ileges herein granted. Sectiou 23 says,
that the provisions of the original charter
are in full force, if not in conflict with the
provisions of this act, and so far as they
may be inconsistent with these present pro-
visions, such former enactments are hereby
repealed. This act we consider as entirely
null and void ; none of its provisions were
complied with. The bank suspended in
1837, and liquidated and closed entirely,
under a general act of the Legislature in
1842. The railroad was not commenced
nor finished, although the company pre-
sumes to have gained great privileges
through it, •' we cannot see it," and the
fact that in one year, they applied for
another amendment, which was passed and
approved March 1st, 1836, called an act to
amend an act to incorporate the New Or-
leans and Carrollton Railroad Company,
and for other purposes, in this act.
Section 1st says that the 6th section of
the act hereby amended, and such portion
of the 11th section thereof, as imposes a for-
feiture of charter and other penalties for
not commencing the railroad in two years
from the period therein defihed, and not
completing the same within six years fro u
such commencement, are hereby repealed ;
Provided, however, that in lieu of the afore-
said forfeitures and penalty the company
shall pay to the State several sums. Ac..
Ac. (See section 1st.) This, the company
say they have paid. The company paid it
to be relieved of the impositions of the 6th
and 11th sections of the act of 1835, and no
other sections of that act or of this.
Section 4th, \says that so much of the
11th section of said act as grants privilege
of building a railroad to commence at the
termination of the railroad described in the
original act of incorporation of said road
to- the town of Bayou Sara, be and the same
shall continue in force ; Provided, that
within ten years from and after the passage
of this act one-fourth part, at least, of said
railroad, be built and completed, and in
case such part be not built and completed
as aforesaid, then said exclusive privilege
shall be ipso facto null and void.
Section 7tli. That said bank shall pay to
the Male Orphan Asylum of New Orleans,
annually, the sum of five hundred dollars
during the space of ten years from the pas-
sage of this act.
Section 10th. That the foregoing bonus
shall be considered a full consideration for
any right on the part of the State to tax
the Carrollton Railroad Company, from
which said company shall be exempt during
the space of thirty years.
Section 13th. That all enactments in con-
travention of this amendatory act be, and
the same are hereby repealed. Approved
March 1st, 1836.
The company think by these two amend-
atory acts, as they are styled, they have
gained all the privileges that may be
granted in them, and are not compelled to
comply with any of its other provisions.
Your committee come to entirely different
conclusions : we hold that the company has
not complied with the conditions of the
acts of 1835 and 1836 ; and, although both
acts seem to be drawn up with a great
deal of cunning, they only can mislead, if
not carefully examined.
The 13th section of an act of 1836 does,
in fact, repeal nothing of importance of
the former acts. It certainly 'does not
repeal section 7, nor section 22, and many
others of the acts of 1885, nor does it
repeal the first charter in a single item.
The fact is this, two acts were given for
two entirely different objects and privi-
leges and only so far were connected with
the original charter, as being given partly
to the same men, representing one-tenth of
the capital; and as the railroad already
finished and in existence was to be a part
of the great railroad contemplated by these
acts, of which it would have been only ti e
twenty-fourth part in length, it would be
almost ridiculous to presume that all the
time of the Legislature should have been
taken up, as such bills must necessarily do,
to give a few additional privileges to a
railroad company completed.
In the years 1835 and 1836 speculations
more wild were entered into, and the coin-
mittee can come to no other conclusion
OF TIIR SENATE.
m
than that the intention was to build a railroad
about one hundred and forty miles long,
through a rich and well cultivated country.
The large banking privileges were granted
to assist and facilitate an enterprise of such
magnitude and importance.
And all other privileges were granted on
one great condition, and that was that the
railroad and all its improvements and ne-
cessafy appurtenances should belong to the
State in4 seventy-five years : even then, ex-
eruption of taxation is limited to twenty-
six years. But the great bonus, worth
millions of dollars, has not been com-
menced even, much less finished -and so
both acts entirely fall to the ground, are
null and void, and the company <*an claim
nothing but her first charter and its privi-
leges, and with this the company has never
complied, or at least, only in part, for many
years.
Act of 1833, section 4th, after granting
all powers necessary for the construction
of a railroad, &c., has this proviso : "Fro-
vided, the said railroad be so constructed
as not to prevent the use and travelling on
any street through which it may pass.''
Now the fact is it interferes very much
with the use and traveling, &c., See. Most
all the crossings of the railroad are impass-
able from New Orleans to its end ; the
ditches on its sides in bad condition ; the
drainings through the railroad in bad order,
and the streets, on both sides, in miserable
condition, on account of the railroad com-
pany not doing their share of the repairing
the same. The company claims generally
the land as wide as the streets on both sides
extend as their private property, although
section 5th provides "that the owners of
said lands through which said railroad shall
run retain on each side the right of front
on the same," &c., &c.
Section 6th gives the company power to
.place on the railroad all machines, wagons,
locomotive engines, &c., See., they may deem
necessary or proper, &b., &c. It gives them
power to charge for transporation of
goods, merchandise, &c., any sum not ex-
ceeding the rate of fifty cents per ton, and
30 cents per ton for bricks, wood, lumber,
coal or shells, exclusive of labor of loading
and unloading. The company has violated
this ever since it commenced. Now the
charge for one barrel of flour is 20 cents,
one keg of butter or lard 10 and 15 cents,
one bale of hay 50 cents, and even higher,
occasionally. For wood, SI per cord, and
more, if not a car load .full. It not paid
this price they refuse to transport, we are
told.
Section 8th says that the duration of this
charter is limited to five years, and if not
in operation within three years therefrom,-
then the act is null and void.
Xn section 6th, another part exempts the
shares^ of the capital stock of said company
from imposition of any tax or burthen of
this State during the space of five years.
This expired in 1838, but up to this day
the cflmpany has not paid any taxes. In
the auditor's report, page 55, the value of
railroad and other property (real estate)
is given at $527,000. The yearly tax
would be about $14,000, or for 26 years,
now due, $41,000.
Section 10th says, elections for directors
must be published in two newspapers
printed in the parish of New Orleans and
one in the parish of Jefferson. The last part
is not complied with.
The above are the complaints, as far as
they relate to the charter* and well e-tab-
lished and proven ; now a complaint of more
importance to the public directly inter-
ested in it. In the charter it don't state
how often or how seldom, the railroad
company shall run the trains. After run-
ning a great number of years, every two'
hours, they commenced to run every hour
a train each way. After running'for years
every hour, they changing occasionally, to
the greatest annoyance of the public, every
week their starting time, but at last it was
regular every hour. Numbers of people
that could make it suitable to their occu-
pations, moved to Carrollton and along the
road, in different localities, when all at
once the company prefers to run only
every two hours again, to the serious in-
jury of. hundreds that were led to buy or
rent property in Carrollton or •vicinity,
relying upon the hourly accommodation.
Here the company inflicts a great, injury
upon the public at large ; but the charter
don't force them—they are above public
opinion—and the Legislature is appealed
to, to relieve the public.
The committee would, therefore, recom-
mend the adoption of the accompanying
joint resolution, in regard to the New Or-
leans and Carrollton 'Railroad ^Company,
requiring the attorney general to institute
proceedings against the company for the
recovery of all the unpaid taxes due to the
State since 1838, and for all sums due to
the State for the non-compliance with the
charter: and if 51 new charter is granted,
it should be under certain restrictions:
that the company shall start every fifteen
minutes, at ten cents for the passage; a
moderate freight tariff, and by paying a
yearly sum of thousand dollars, in
lieu of State tax upon the improvement or.
valuation of the railroad and its running
stock and fixtures and other appurten-
ances.
In regard to the Jefferson and Pontchar-
train Railroad Company, it strikes the
committee that the charter itself is entirely
unconstitutional, and such a contradictory
act, as few they hope, ever were given.
176
JOURNAL
By the 1st section, perpetual succession is
granted, (who ever heard of such a thing.)
and also they shall have power in law and
equity, to purchase, accept, hold, sell,
lease, convey estates, real, persenal or.
mixed; mortgage, possess, build and im-
prove anyf property movable or immova-
ble, situated in the parish of Jefferson.
Section 2 says that the capital' stock of
said company shall be one hundred thou-
sand dollars, divided into shares of one
hundred dollars each share,
In section 10, to increase this to four
hundred thousand dollars, if directors deem
it necessary.
Section it, that the shares of the capital
stock ot said company shall be free and
exempt from taxation for, and during the
term of thirty years ; at the same time, we.
would state that for years this railroad
does not run oftener than once per day,
and now twice per , week. That in- 1840,
they received the charter, and in 1850 they
commenced building it, inducing • many
people to invest their all in building
houses upon leased ground from said com-
pany, &c., from others, and that at the pre-
sent moment they are actually tearing
down their wharf, and as we learn, intend
to tear up the whole railroad, ruining a
great many people by these very acts. If
ever compani.es were without souls, this
one is indeed so, and we thin!;:, without a
'head also.
Your committee, therefore, think that
perpetual succession makes the whole char-
ter null arid void, that nothing in the char-
ter exempts the railroad or any other im-
provement, property, or appurtenances
from taxation, and therefore, would re-
commend that the attorney general is re-
quired at once to institute legal proceedings
against this company for the recovery of
all unpaid taxes since 1852, and also for
the forfeiture of the charter' of this rail-
road company. W. Mithoff, Gh'mn.
W. H. Lawtox.
The report was accompanied with a joint
resolution., in'regard to the New Orleans
and Carrollton Railroad Company and the
Jefferson and Lake Pontchartrain Railroad
Company.
•loixt kesoutiox
In regard to the New Orleans and Carrollton
Railroad Company, and the Jefferson and
Lake Pontchartrain Railroad Company.
Re it resolved by the Senate and House of
Representatives in General Assembly con-
'veiled, That the attorney general of this
State is hereby requested, authorized and
empowered to institute legal proceedings
against both the aforesaid railroad cornpa-
nies for all sums due to the State for taxes
and for the non compliance with their re-
spective charters, and the forfeiture of said
charters in consequence thereof.
On motion, one hundred and fifty copies
of the report and resolution were ordered
to be printed, and they were made the
order of the day for Monday next, 27th
instant.
The same member, on behalf ot the same
committee, reported unfavorably on the
bill relative to the Carrollton Railroad
Company.
Mr. Bell gave notice that on some future
day he will introduce a bill to authorize
the printing of the debates in the' General
Assembly.
Agreeably to previous notice the follow-
ing members introduced the hereinafter
entitled bills, which were disposed of as
hereinafter stated :
Mr. Mithoff: " An act supplemental to
an act to define the duties and fix the com-
pensation of state printer." Referred to
the Committee on Printing, with power to
print and make the order of the day for
Monday next.
Mr. Nicolas: " An act to regulate the
compensation of police jurors throughout
the State." Referred to the Judiciary
Committee.
Mr. Montamat : " An act fixing the com-
pensation of district judges in the parish of
Orleans."
The rules were suspended and said bill
was read a first and second time, when
Mr. Benson moved to amend the bill by
reducing the salary of the judges from
$5000 to $4000.
The amendment was tabled by the fol-
lowing vote :
Yeas—Messrs. Barrett, Bell, Brownlee,
Hart, Jones, Lawton, Mithoff, Montamat,
Newell, Nicolas, Purcell, O'Connell, Sul-
livan, Springer, Wrigiit and Wood—16.
Nays--Messrs. Brown, Boyce, Benson,
Delage, Walter and Watson—C.
Mr. O'Connell moved to amend the bill
by adding, after the word " Orleans" the
words "and other judicial districts through-
out the State," so as to make it a general
law.
The amendment was adopted. Yeas, 20 ;
nays, 2, as follows :
Yeas—Messrs. Barrett, Brownlee, Brown.
Boyce, Benson, Delage, Hart. Jones, Law-
ton, Montamat, Newell, Nicolas, Purcell,
O'Connell, Sullivan, Springer, Walter,
Watson, Wright and Wood—20.
Nays—Messrs. Bell and Mithoff—2.
The bill was then referred to-the Judici-
ary Committee.
The Senate then took up the bill relative
to the offices of governor, lieutenant gover-
nor, &c., and the rules being suspended, a
motion to take it up section by section
prevailed by the following vote :
Yeas—Messrs. Bell, Brown, Boyce, De-
lage, Griffith, Hart, Hills, Kavanagh, Mit-
hoff, Walter, Watson and Wright—12.
OF THE
SENATE.
Nats—Messrs. Barrett, Brownlee, Jones,
Montamat, Newell, Nicolas, Purcell,
O'Connell, Sullivan, Springer, Wood—11.
A motion to refer the bill to the Judiciary
Committee was tabled by the following
vote :
Yeas—Messrs. Barrett, Delage, Griffith,
Jones, Kavanagh, Lawton, Mithoff, Newell,
Purcell, O'Connell, Sullivan, Springer,
Walter, Wright and Wood—16.
Nays—Messrs. Bell, Brownlee, Brown,
Boyce, Hart, Hills, Nicolas and Watson—8.
Mr. Boyce moved to amend the 6th sec-
tion, by reducing the salary of the govern-
or's private secretary to $2000, in lieu of
$2500. The amendment was tabled by the
following vote :
Yeas—Messrs. Barrett, Bell, Delage,
Griffith, Jones, Kavanagh, Lawton, Mithoff,
Newell, Nicolas, Purcell, Sullivan,Springer,
Wood—14.
Nays—Messrs. Brownlee, Brown, Boyce,
Benson, Hart, Montamat, Walter, Watson,
Wright—9.
The bill was then concurred in—yeas 17,
nays 6, as follows :
Yeas—Messrs. Barrett, Bell, Delage, Grif-
fith, Jones, Kavanagh, Lawton, Mithoff,
Montamat, Newell, Nicolas, Purcell, Sulli-
van, Springer, Watson, Wright, Wood—17.
Nays—Messrs. Brownlee, Brown, Boyce,
Benson, Hart, Walter—6.
By a message from the House, through
Mr. Collins, its assistant clerk, the Senate
was informed that the House had concurred
in the act relative to district courts in the
parish of Orleans. The same message re-
quested the signature of the president to
the act appropriating $358 for inaugura-
tion expenses, and an act to organize the
militia.
"An act to amend section 9, of an act
relative to juries in the parish of Orleans."
The rules were suspended, and this bill
was read a second and third time, and con-
curred in.
"An act to authorize the inspector of
weights and measures of the city of New
Orleans, to employ deputies." The bill
was read a second and third time, under a
suspension of the rules, and passed.
Mr. Hart gave notice, that on some fu-
ture day he will introduce " An act for the
relief of the charitable institutions through-
out the State."
The Senate then adjourned until 12
o'clock m., to-morrow.
Approved.
John E. Neelis,
Secretary.
Thursday, March 23, 1865.
The Senate met pursuant to adjourn-
ment, and was called to ordei#by Hon. W.
H. Lawton, president pro tern., and the roll
a12
being called, the following members were
found to be present :
Messrs. Bell, Brownlee, Brown, Boyce, De-
lage, Griffith, Hart, Hills, Lawton, Mithoff,
Montamat, Nicolas, O'Connell, Sullivan,
Springer, Walter, Watson,Wright,Wood—19.
Prayer was offered by Rev. Mr. Guion.
The journal of(yesterday was read and
approved.
Mr. Delage, on behalf of the Committee
on Amendments to the Constitution, re-
ported an act provisionally to determine
the mode of filling vacancies that may
happen in all offices, for which provision is
not made in the State constitution.
Mr. O'Connell, on behalf of the Commit-
tee on Internal Improvements, submitted
the report of the Commissioners of the
Second Draining District, made in compli-
ance with the joint resolution calling for
reports from the Commissioners of the
several Drainage Districts.
On motion, the report was ordered to be
printed.
The same member, on behalf of the same
committee, reported favorably on an act for
leveeing, draining and reclaiming swamp
lands in the parishes of Orleans and Jeffer-
son, approved March 18, 1858.
Mr. Montamat presented a joint resolu-
tion relative to the translation of the acts,
bills, &c., of the General Assembly of Lou-
isiana, which was read a second time and
referred to the Committee on Enrollment.
The committee subsequently reported fa-
vorably on said joint resolution, and the
report was received.
The Senate then took up the following
bills at their second reading. The rules
having been suspended, the same were read
a second and third time and passed :
" An act relative to district judges within
the State."
" An act relative to district attorneys."
" An act to amend the first section of an
act amendatory of certain acts to incorpo-
rate the city of Jefferson."
" An act to divide the State of Louisiana
into five congressional districts."
" An act to provide for the election of a
State tax collector in the parish of Jeffer-
son."
" An act relative to parish recorders."
The following bills, reported on unfitvor-
ably by the Judiciary Committee, were re-
jected :
" An act relative to the Carrollton Rail-
road Company."
" An act for the relief of commerce and
agriculture."
"An act relative to the Treasury De-
partment."
" An act creating the office of register of
conveyances for the parish of Orleans, situ-
ated on the right bank of the Mississippi
river."
178
JOURNAL
" An act to provide a lien law for the
benefit of mechanics and laborers."
The yeas and nays were* demanded on
the rejection of this bill, and, beiDg taken,
resulted—yeas 15, nays 5—as follows :
Yeas — Messrs. Bell, Boyce, Griffith,
Hills, Jones, Lara, Lawton, Mithoff, Monta-
mat, Newell, Nicolas, O'Connell, Sullivan,
Springer and Walter—15.
Nays—Messrs. Brownlee, Purcell, Wat-
son, Wright and Wood—5.
A motion to suspend the rules in order
to take up the report of the Committee on
Enrollment on the joint resolution relative
to the translating of bills, which motion
was lost by the following vote :
Yeas — Messrs. Barrett, Bell, Delage,
Jones, Ravanagh, Lawton, Mithoff, Monta-
tamat, Newell, Nicolas, Springer and Sul-
livan—12.
Nays—Messrs. Brownlee, Boyce, Benson,
Griffith, Hart, Hills, Lara, Walter, Watson,
Wright and Wood—11.
A motion to suspend the rules in order
to take up the report of the Committee on
Amendments to the State Constitution was
lost by the following vote—two-thirds not
voting in its favor :
Yeas — Messrs. Bell, Delage, Griffith,
Jones, Lawton, Mithoff, Montamat, Newell,
Nicolas, Purcell, O'Connell, Sullivan,
Springer, Walter and Wood—15.
Nays—Messrs. Brownlee, Boyce, Hart,
Hills, Lara, Watson and Wright—7.
Mr. Boyce moved to adjourn, which
motion was lost. Yeas, 3 ; nays, 16, as
follows :
Yeas—Messrs. Boyce, Lara and Wood—
3.
Nays—Messrs. Barrett, Bell, Brownlee,
Delage, Griffith, Hart, Kavanagh, Lawton,
Mithoff, Montamat, Newell, Nicolas, Sulli-
van, Springer Walter and Wright—16.
A message was received from the House,
through its clerk, Mr. Westerfield, request-
ing the signature of the president to the
House bill to define the duties of State tax
collectors, and
" An act to appropriate $358 to defray
the expenses of the inauguration of Gover-
nor Wells."
The same message requested the concur-
rence of the Senate in the House bills:
" To re-enact the 10th section of an act
to provide for the administration of the
Charity Hospital at New Orleans."
" An act repealing an act amending the'
10th section of an act to provide for the
administration of the Charity Hospital."
The same message informed the Senate
that the House had concurred in the fol-
lowing Senate bills:
" An act to amend article 2653 of the
Civil Code of Louisiana."
" An act relative to adoption of chil-
dren."
" An act to provide for the removal of
all causes pending in the Supreme Court, or
other Courts, under the constitution of
1852."
" Joint resolution of thanks to General
Banks."
'• Joint resolution requesting the gover-
nor to enforce laws requiring officers to
furnish bonds."
On motion of Mr. Bell, the resolution
postponing the police bill for two weeks,
was rescinded by the following vote :
Yeas—Messrs. Barrett, Bell, Brownlee,
Delage, Griffith, Hart. Kavanagh, Lawton,
Mithoff, Montamat, Newell, Nicolas, Sulli-
van, Springer, Walter and Wood—16.
Nays—Messrs. Boyce, Hills, Watson and
Wright—4.
The police bill was then taken up and a
motion to concur in the amendments of the
House was lost by the following vote :
Yeas—Messrs. Bell, Brownlee, Hart and
Wood—4.
Nays—Messrs. Barrett, Boyce, Delage,
Griffith, Hills, Kavanagh, Lawton, Mithoff,
Montamat, Newell, Nicolas, Purcell, Sulli-
van, Springer, Walter, Watson, Wright—17
A motion to adjourn was lost. Yeas, 8 ;
nays, 13, as follows :
Yeas—Messrs. Boyce, Hart, Hills, New-
ell, Purcell, Watson, Wright and Wood—8.
Nays—Messrs. Barrett, Bell, Brownlee,
Delage, Griffith, Kavanagh, Lawton, Mit-
hoff, Montamat, Nicolas, Sullivan, Springer
and Walter—13.
Mr. Kavanagh obtained leave and intro-
duced a joint resolution relative to certain
public lands, and the rules having been
suspended, it was read a first and second
time, and under a further suspension of the
rules, it was read a third time and passed,
with its title.
On motion, the Senate then adjourned,
until 12 o'clock m., to-morrow.
Approved.
John E. Neems,
Secretary.
Friday, March 24, 1865.
The Senate was called to order at 12
o'clock, m., the Hon. H. W. Lawton. presi-
ding, and the roll being called, the following
members were found to be present :
Messrs. Barrett, Boyce, Benson. Griffith,
Hart, Jones, Lawton, Mithoff, Montamat,
Newell, Nicolas, Sullivan, Walter, Watson,
Wright and Wood—16.
After some delay, Messrs. Bell, Brownlee,
Brown, Delage, Gastinel, Hills and Spring-
er entered and answered to their names,
when a quorum was announced.
Prayer was offered by Rev. Father
Murphy.
The journal of yesterday was read and
approved.
OF THE
SENATE.
179
On motion of Mr. Boyce, the secretary
read out the following list of those who did
not answer to roll-call, in accordance with
a resolution of the Senate, viz :
Messrs. Bell, Brownlee, Brown, Delage,
Gastinel, Hills, Kavanagh, Lara, Purcell,
O'Connell and Springer—11.
Mr. Watson, on behalf of the Committee
on Commerce and Manufactures, reported
unfavorably on thf House bill relative to
pilots, and recommended its rejection.
Mr. Mithoff, on behalf of the special
committee to which was referred the bill,
to enable certain persons to construct a
steamboat canal from Vermillion Bay to the
Sabine river, reported favorably on the
same, with amendments, and an additional
section.
The Senate took up the following House
bills, which underwent their first read-
ing:
" An act to repeal an act to amend and
re-enact the 10th section of an act to provide
for the administration of the Charity Hos-
pital at New Orleans, and to provide a
revenue for its support, approved March
14,1857."
" An act to re-enact the 10th section of
an act to provide for the administration of
the Charity Hospital," etc.
The bill supplement to an act for
leveeing, draining and reclaiming certain
swamp and overflowed lands in the parishes
of Orleans and Jefferson, was adopted on
the second reading, and, under a suspen-
sion of the rules, it was passed with its
title.
The bill to provisionally determine the
mode of filling vacancies, was adopted on
its second reading, and, under a suspension
of the rules, passed with its title, by the
following vote:
Yeas—Messrs. Barrett, Bell, Brown,
Benson, Delage, Griffith, Hart, Jones, Kav-
anagh, Lara, Lawton, Mithoff, Newell, Nic-
alas, Purcell, O'Connell, Sullivan, Spring-
or and Wright—19.
Nays—Messrs. Brownlee, Boyce, Hills,
Montamat, Walter, Watson and Wood- -7.
The joint resolution to temporarily dis-
pense with the translation of all bills and
joint resolutions was taken up.
Mr. Boyce offered a substitute for the
said resolution, directing the Gommittee on
Enrollment to enroll all bills and joint
resolutions in the English language only.
The substitute was tabled by the follow-
ing vote:
Yeas—Messrs. Barrett, Bell, Brownlee,
Griffith, Jones, Lawton, Montamat, Newell,
Nicolas, Purcell, O'Connell, Sullivan and
Springer—18.
Nays — Messrs. Brown, Boyce, Benson,
Delage, Hart, Hills, Kavanagh, Lara,Mithoff,
Walter, Watson, Wright and Wood—13.
There being a tie, the president voted yea.
Mr. Barrett then moved to strike out of the
resolution the word " temporarily," which
motion prevailed by the following vote :
Yeas—Messrs. Barrett, Brownlee, Brown,
Benson, Boyce, Delage, Griffith, Hart, Hills,
Lara, Lawton, Mithoff, Springer, Walter,
Watson and Wright—16.
Nays— Messrs. Bell, Jones, Kavanagh,
Montamat, Newell, Nicolas, Purcell, Sulli-
van and Wood—9.
Mr. Montamat moved to strike out the
enacting clause, which motion prevailed,
yeas 15, nays 9, as follows:
Yeas—Messrs. Barrett, Boyce, Benson,
Hart, Jones, Kavanagh, Lawton, Montamat,
Newell, Nicolas, Purcell, Sullivan, Spring-
er, and Wood—15.
Nays—Messrs. Bell, Brownlee, Brown/1*
Delage, Griffith, Lara, Walter, Watson and
Wright—9.
.The Senate then took up the several bills
reported by the Committee on Banks and
Banking.
The bill to facilitate the liquidation of
certain Free Banks was adopted on its sec-
ond reading, and, under a suspension of the
rules, it was read a third time and passed
with its title, by the following vote:
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Griffith, Jones, Kavanagh, Lawton,
Mithoff, Montamat, Newell, Purcell, O'Con-
nell, Sullivan, Springer, Walter, Wright
and Wood—18.
Nays—Messrs. Boyce, Delage, Lara--3.
Bills No. 2, 3 and. 4 were amended by
substituting the words; "thirty days" in
lieu of " ten days," and by adding an addi-
tional section, making the act take effect
from and after its passage ; and thus amend-
ed, the bills were each severally adopted
on their second reading, and under a sus-
pension of the rules, they were passed with
their titles.
The bill authorizing the banks to change
into Free banks, was amended by substitut-
ing the word " October" for the word
"July," and adopted as amended, and under
a suspension of the rules, it was read a third
time and p issed with its title, by the fol-
lowing vote :
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Griffith, Kavanagh, Lawton, Mithoff,
Montamat, Newell, Nicolas, Purcell, O'Con-
nell, Sullivan, Springer, Walter, Wright and
Wood—18.
Nays—Mr. Watson—1.
By a message from the House, through
Mr. Westerfield, its clerk, the Senate was
informed that the House had receded from
its amendments to the police bill, and have
concurred in the Senate's substitute for the
House bill amending the several acts incor-
porating the City of Jefferson. Also, con-
curred in the act relative to District Courts.
The same message requested the concur-
rence of the Senate in a joint resolution
180
JOURNAL
appointinsr a committee to negotiate a loan
of one million dollars for the relief of the
state treasury.
The Senate then took up the report of the
committee on the bill to enable certain par-
ties to construct a steamboat canal from
Vermillion Bay to the Sabine river.
The amendments of the committee were
adopted.
The bill was adopted section by section,
and under a suspension ol the rules, it was
passed with its title.
The Senate then adjourned till 12 o'clock
M., on Monday, 27th mst.
Approved.
John E. Neelis,
Secretary.
Monday, March 27, 1805.
The Senate was called to order pursu-
ant to adjournment, by Hon. W. H. Law-
ton, president pro tem.
The roll was called and the following
members answered to their names :
Messrs. Barrett, Bell, Brownlee, Brown,
Boyce, Montamat, Newell, Purcell, O'Con-
nell, Sullivan, Springer, Watson, Wright
and Wood.
There being no quorum, Mr. Boyce moved
to adjourn, which motion was lost by the
following vote:
Yeas—Messrs. Brown, Boyce, Watson and
Wood—4.
Nays—Messrs. Barrett, Bell, Brownlee,
Montamat, Newell, O'Connell, Purcell, Sul-
livan, Springer and Wright—10.
Mr. Boyce moved to take a recess for 15
minutes, which motion was tabled, yeas 12,
nays 4, as follows :
Yeas—Messrs. Barrett, Bell, Brownlee,
Boyce, Benson, Kavanagh, Montamat New-
ell, O'Connell, Purcell, Sullivan and Wright
—12.
Nays—Messrs. Brown, Springer, Watson
—4.
After some delay, Messrs. Delage, Jones
and Walter appeared and answered to their
names, when a quorum was announced.
The journal of Friday was read and
approved, after being amended.
Mr. Montamat, on behalf of the Commit-
tee on Enrollment, reported as correctly
enrolled the following:
"An act relative to district courts."
"An act relating to district judges."
"Joint resolution of thanks to General
Banks."
"An act authorizing the inspector of
weights and measures to appoint deputies."
"An act to provide for the removal of all
causes now pendibg in the supreme and
other courts under the constitution of
1852.
"An act to amend article 2653 of the
' ivil Code.
" Joint resolution requesting the gover-
nor to enforce the laws in relation to officers
who are required to furnish bonds."
Mr. Boyce on behalf of the Committee
on Planting, reported unfavorably on Mr.
Mithoff's bill, supplemental to the act to
define the duties and fix the compensation
of the state printer.
Mr. Benson, on behalf of the special
committee to which had been referred the
bill to facilitate the works of the Bayou
Lafourche and Mississippi Land Improve-
ment Company, reported favorably on the
same.
The following members gave notice of
their intention, on some future day, to in-
troduce the hereinafter named bills :
Mr. Lawton : " An act to provide for the
clerical business of the General Assembly."
Mr. Watson : " Joint resolution to call a
State Convention to meet in the city of
New Orleans on the 4th of July next, to
revise the constitution of 1864."
Mr. Montamat: " An act to provide for the
suits, judgments and business of the United
States Provisional Court for the State of
Louisiana, and for other purposes."
Mr. Benson: "An act to suspend pre-
scription laws."
On motion of Mr. O'Connell, leave of
absence was granted to Mr. Nicolas.
Mr. Montamat presented the following :
Whereas, The Committee on Enrollment
has before them a great deal of bills, &c.,
to be enrolled, and are in need of additional
hands; therefore,
Be it resolved, That said Enrolling Com-
mittee is hereby authorized to employ two
additional clerks during the balance of
this session.
Mr. Newell moved to table the resolution,
which motion prevailed by the following
vote :
Yeas—Messrs. Brownlee, Brown, Delage,
Hart, Kavanagh, Lawton, Mithoff, Newell,
Walter, Watson, Wright and Wood—12.
Nays—Messrs. Barrett, Bell, Boyce, Ben-
son, Montamat, Purcell, O'Connell, Sulli-
van and Springer—-9.
The same member then presented the
following, which was adopted :
Be it resolved, That the chairman of the
different committees instruct their clerks to
assist the enrolling clerk in enrolling the
bills, and they are hereby directed to re-
port to the chairman for this duty.
The House bill to appoint a joint com-
mittee to effect a loan of one million of dol-
lars for the relief of the State treasury, was
read a first and second time, under a sus-
pension of the rules, and referred to the
Committee on Ways and Means.
The two bills relative to the Charity Hos-
pital were read the first and second time,
and referred to the Committee on Charita-
ble Institutions.
OF THE SENATE.
181
A motion to adjourn was lost—yeas 5,
nays 13, as follows :
Yeas—Messrs. Brown, Boyce, Kavanagh,
Hart, Wood—5.
Nays—Messrs. Barrett, Bell, Brownlee,
Benson, Delage, Lawton, Mithoff, Newell,
Purcell, Sullivan, Springer, Walter and
Wright—13.
The Senate took up the bill to facilitate
the works of the bayou Lafourche and Mis-
sissippi Land Improvement Company.
Mr. Hart moved that the bill be printed
and made the order of the day for Wednes-
day next, which motion was lost by the fol-
lowing vote :
Yeas—Messrs. Barrett, Boyce, Benson,
Delage, Walter—5.
Nays—Messrs. Bell, Brownlee, Brown,
Hart, Lawton, Mithoff, Newell, Purcell,
Sullivan, Wright, Wood—11.
On motion, the Senate then adjourned
until 12 o'clock m., to-morrow.
Approved.
John E. Neelis,
Secretary.
Tuesday, March 28, 1865.
The Senate was called to order at 12
o'clock m., pursuant to adjournment.
Present—the Hon. L. Gastinel, president,
and the following members :
Messrs. Barrett, Bell, Brownlee, Brown,
Boyce, Benson, Delage, Griffith, Hart,
Hills, Lawton, Mithoff, Newell, O'Connell,
Sullivan, Springer, Walter, Wright and
Wood—19.
The journal of yesterday was read and
approved.
Mr. Montamat, on behalf of the Com-
mittee on Enrollment, reported as correctly
enrolled :
" An act relative to amendments of the
different acts of incorporation of the City
of Jefferson," and also the* bill to organize
the police.
Agreeably to previous notice, Mr. Law-
ton introduced—
" An act providing for the clerical duties
of the General Assembly."
On suspension of the rules it was re-
ferred to a special committee composed of
Messrs. Lawton, Montamat, Walter, Brown-
lee and Brown.
Mr. Benson, agreeably to previous no-
tice, introduced an act suspending prescrip-
tion for debts, which was referred to the
Judiciary Committee.
Mr. Montamat presented "An act to pro-
vide for the suits, judgments and business
of the U. S. Provisional Court for the
State of Louisiana, and for other pur-
poses." •
On motion, the rules were suspended and
the foregoing bill was read a first, second
and third time and passed with its title.
Action on the report of the special com-
mittee on the Carrollton Railroad was
postponed until to-morrow.
The bill to facilitate the works of the
Bayou Lafourche and Mississippi Land
Improvement Company being taken up,
Mr. Montamat moved to .print. Tabled—
yeas 12, nays 7, as follows;
Yeas—Messrs. Brownlee, Boyce, Benson,
Griffith, Hills, Jones, Newell, O'Connell,
Sullivan, Walter, Wright, and Wood—12.
Nays—Messrs. Bell, Brown, Hart, Lara,
Lawton, Mithoff and Purcell—7.
The first section being read, Mr. Monta-
mat moved to strike out the proviso pro-
hibiting members of this General Assembly
from becoming stockholders. Carried by
the following vote :
Yeas—Messrs. Bell, Brownlee, Brown,
Griffith, Hart, Lara, Lawton, Mithoff, Pur-
cell, O'Connell, Wright and Wood—12.
Nays — Messrs. Boyce, Benson, Hills,
Jones, Newell, Sullivan, Springer and
Walter^—8.
Mr. Mithoff moved that the bill be
printed and made the order of the day for
to-morrow. Tabled—yeas 13, nays 8.
The 2d section was read and adopted by
the following vote:
Yeas—Messrs. Bell, Boyce, Benson, Grif-
fith, Hills, Jones, Montamat, Newell, Pur-
cell, O'Connell, Sullivan, Springer, Wright,
Wood—14.
Nays—Messrs. Brown, Delage, Hart,
Lara, Lawton, Mithoff, Walter—7.
The 3d, 4th, 5th, 6th, 7th and 8th sections
were each severally read and adopted.
The 9th section was read and adopted
by the following vote:
Yeas—Messrs. Bell, Boyce, Benson, Grif-
^fith, Hills, Jones, Montamat, Newell, Pur-
cell, O'Connell, Sullivan, Springer, Wright,
Wood—14.
Nays—Messrs. Brown, Delage, Hart, Lara,
Lawton, Mithoff, Walter—7.
Mr. Hills moved to reconsider the vote
striking out proviso to section 1st. Tabled.
Yeas—Messrs. Bell, Brown, Delage, Grif-
fith, Lara, Lawton, Mithoff, Montamat,
O'Connell, Walter, Wright, Wood—12.
Nays—Messrs. Boyce, Benson, Hart,
Hills, .Jones, Newell, "Purcell, Sullivan,
Springer—9.
The bill was then adopted as a whole, on
its second reading :
Yeas—Messrs. Bell, Boyce, Benson, Grif-
fith, Hills, Jones, Montamat, Newell, Pur-
cell, O'Connell, Sullivan, Springer, Wright,
Wood—14.
Nays—Messrs. Brown, Delage, Hart, Lara,
Lawton, Mithoff, Walter—7.-
A motion to suspend the rules, in order
to put the bill on its third reading, failed
for the want of four-fifths :
Yeas—Messrs. Bell, Brownlee, Boyce,
Benson, Griffith, Hills, Jones, Montamat,
182
JOURNAL
Newell, Purcell, O'Connell, Sullivan,
Springer, Wright, Wood—15.
Nays—Messrs. Brown, Delage, Hart,Lara,
Lawton, Mithoff, Walter—7.
On motion, the Senate took up the joint
resolution relative to the office of lieutenant
governor, which was read, and a motion to
suspend the rules failed—four-fifths not
voting in favor :
Yeas—Messrs. Bell, Brownlee, Delage,
Griffith, Hart, Jones, Lawton, Mithoff, Mon-
tamat. Newell, Purcell, O'Connell, Sullivan,
Springer, Walter, Wright, Wood—17.
Nays—Messrs. Brown, Boyce, Benson,
Hills, Lara—5.
Mr. O'Connell, on behalf of the Commit-
tee on Internal Improvements, reported
favorably, with amendments, on the bill in
relation to levees and roads, introduced by
Mr. Brown.
Mr. Bell presented the following :
jResolved, That the resolution heretofore
adopted by the Senate in regard to adjourn-
ing from Friday until Monday, of each
week, be and is hereby rescinded ; and be it
jResolved. That the Senate meet on Sat-
urday next at 12 o'clock m., for the trans-
action of business.
Mr. Boyce moved to table the foregoing
resolution. Lost.
Yeas—Messrs. Boyce, Benson, Griffith,
Lara, Sullivan—5.
Nays—Messrs. Bell, Brown, Delage, Hills,
Jones, Lawton, Mithoff, Montamat, Newell,
Purcell, O'Connell, Springer, Walter, Wood
and Wright--15.
The resolution was then adopted.
The Senate then adjourned until 12
o'clock m., to-morrow, by the following
vote:
Yeas—Messrs. Benson, Delage, Hills,
Jones, Lara, Newell, Purcell, O'Connell,
Sullivan, Springer and Wright—11.
Nays—Messrs. Bell, Brownlee, Griffith,
Lawton, Mithoff, Montamat, Walter and
Wood—8.
Approved.
John E. Neelis,
Secretary.
Wednesday, March 29, 1865.
The Senate met and was called to order
by Hon. L. Gastinel, president of the Sen-
ate.
The following members answered to roll
call:
Messrs. Brownlee, Brown, Boyce, Benson,
Griffith, Hills, Lara, Lawton, Mithoff, Mon-
tamat, Newell, Nicolas, O'Connell, Sullivan,
Walter, Watson, Wright and Wood—19.
The journal of yesterday was read and
approved.
On motion of Mr. Watson, Mr. Neelis, the
secretary, was excused for non-attendance
to-day.
Mr. Kavanagh gave notice of his intention
to introduce on some future day, "An act to
amend the 18th section of an act providing
for the registry of the names and residences
of all qualified electors of the city of New
Orleans, according to article 11th of the
constitution of the State."
Mr. Wright offered a resolution allow-
ing three hundred and sixty-eight dollars
for services to Mr. Boyce, as president pro
tem. of the Senate, during the absence of
the lieutenant governor, which was referred
to the Committee on Supervising the Ex-
penses of the Senate.
The Senate took up "An act relative to
levees and roads."
Mr. Brown offered the following amend-
ment to the first section in line nine : After
the word " levees" insert "whose jurisdic-
tion shall extend over all the inundated
parishes, except the parish of Orleans."
The amendment was lost, yeas 8, nays
14, as follows:
Yeas—Messrs. Bell, Brown, Boyce, Ben-
son, Hills, Kavanagh, Lawton and Walter
—8.
Nays—Messrs. Brownlee, Delage, Griffith,
Hart, Jones, Mithoff, Newell, Nicolas, O'Con-
nell, Sullivan, Springer, Watson, Wright
and Wood—14.
Mr. O'Connell moved to amend by in-
serting the word "roads "after "levees."
A motion to table was lost.
Yeas—Messrs. Bell, Brown, Boyce, Ben-
son, Hills, Jones, Lawton, Walter, Wat-
son—9.
Nays—Messrs. Brownlee, Delage, Grif-
fith, Hart, Kavanagh, Lara, Mithoff, New-
ell, Nicolas, O'Connell, Sullivan, Springer,
Wright, Wood—14.
A motion to postpone the bill indefinitely
was tabled—yeas 12, nays 9, as follows :
Yeas—Messrs. Brown, Boyce, Benson,
Delage, Hills, Kavanagh, Lara, Lawton,
Montamat, O'Connell, Sullivan and Walter
—12.
Nays—Messrs. Bell, Brownlee, Griffith.
Mithoff, Nicolas, Springer, Watson, Wright,
Wood—9.
Mr. Boyce moved to postpone until to-
morrow. The yeas and nays were ordered,
and being taken, resulted as follows :
Yeas—Messrs. Brown, Boyce, Benson,
Delage, Hills, Kavanagh, Lara, Sullivan,
Walter, Watson, Wright—11.
Nays—Messrs. Bell, Brownlee, Griffith,
Hart, Lawton, Mithoff, Montamat, Nicolas,
O'Connell, Springer, Wood—11.
There being a tie vote, the president
voted in the affirmative, and the bill was
postponed.
Mr. Brownlee offered a joint resolution
fixing the mileage of members, going to
and returning from their homes.
A motion to reject was carried—yeas 9,
nays 9, as follows :
OF THE SENATE.
183
Yeas—-Messrs. Brown, Benson, Hills,
Kavanagh, Lawton, Mithoff, Montamat,
Newell, Sullivan—9.
Nats—Messrs. Bell, Brownlee, Delage,
Griffith, Hart, O'Connell, Springer and
Wright—9.
There being a tie, the president voted
yea.
Messrs. Lara, Nicolas, Walter and Wat-
son declined voting, on the ground of in-
terest.
The joint resolution relative to lieutenant
governor of the State, was read a second
and third time, and concurred in with its
title.
Under a suspension of the rules, the act
providing for the clerical business of the
General Assembly, was taken up section
by section.
Mr. Bell moved to amend the first sec-
tionjby increasing the salary of the chief
clerk of the House and secretary of the
Senate from $1,500 to $2,500.
The amendment was tabled. Yeas
14, nays 10, as follows :
Yeas—Messrs. Brown. Delage, Hart,
Hills, Kavanagh, Lara, Lawton, Mithoff,
Montamat, Purcell, Sullivan, Springer,
Watson and Wright—14
Nays—Messrs. Bell, Brownlee, Boyce,
Griffith, Jones, Newell, Nicolas, O'Connell,
Walter and Wood—10.
Mr. Watson moved to reject the bill.
Lost—yeas 9, nays 15.
Mr. Sullivan moved to amend by making
the salary of the chief clerk and secretary
at $2,000. Adopted by the following
vote :
Yeas—Messrs. Bell, Brownlee, Griffith,
Hills, Jones, Kavanagh, Lawton, Nicolas,
Purcell Q'Connell, Sullivan, Walter and
Wood—13.
Nays—Messrs. Brown, Boyce, Delage,
Hart, Lara, Mithoff, Montamat, Newell,
Springer, Watson and Wright—11.
The first section was then adopted as
amended, as was also the remaining sec-
tions of the bill.
The bill was then adopted as a whole,
and the rules being further suspended, it
was read a third time and passed with
its title.
The bill to facilitate the works of the
Bayou Lafourche and Mississippi Land
Improvement Company was taken up at
its third reading.
Mr. Nicolas moved to postpone further
action until to-morrow, and a motion to
table vTas lost, yeas 9, nays 14. •
The original motion was then put and
lost.
The bill being read, Mr. Boyce offered
the following rider to the first section, to
come in at the end of first section :
" Provided, also, that no member of the
present General Assembly of this State
shall become a stockholder of said Land
Improvement Company."
The speaker ruled that this was not a
rider.
The bill was then concurred in with its
title.
By a message from the House, through
Mr. Westerfield, its clerk, the Senate was
informed that the speaker had signed the
enrolled bill " relative to adoption of chil-
dren."
The Senate then adjourned until 12
o'clock m., to-morrow—yeas 14, nays 8.
Approved.
John E., Neeijs,
Secretary.
.. Thursday, March 30, 1865.
The Senate was called to order pursuant
to adjournment, by Hon. L. Gastinel, pres-
ident, and the roll being called, the fol-
lowing members answered to their
names :
Messrs. Barrett, Brownlee, Bell, Brown,
Boyce, Benson, Delage, Hart, Hills, Jones,
Kavanagh, Lawton, Mithoff, Montamat^New-
ell, Nicolas, O'Connell, Sullivan, Springer,
Walter, Wright, Watson and Wood—23.
The journal of yesterday was read and
approved.
Mr. Nicolas, on behalf of the Committee
on Enrollment, reported that he had sub-
mitted to the governor for his approval or
rejection "An act relative to adoption."
Mr. Benson, on behalf of the Committee
on Claims, reported favorably on the bill
for the relief of J. C. Pendergast, and recom-
mended its passage.
Mr. O'Connell, on behalf of the Special
Committee to investigate the destruction of
the Land Office, submitted the following
report, which was received, adopted and
the committee discharged:
New Orleans, March 29, 1865.
To the honorable president and members of
the Senate:
Gentlemen—Your special committee to
whom was referred the investigation of the
destruction of the Land Office, after enqui-
ries and investigation, beg leave to report
that the fire originated in the second floor
of the building, and extended to the Land
Office on the third floor, which caused its
destruction. We have been unable to arrive
at any conclusion as to how, or in what
manner, the fire originated.
Your committee beg leave to be dis-
charged frOm further consideration.
All of which is respectfully submitted,
J. D. O'Connell, Chairman,
W. Mithoff,
John P. Montamat,
John A. Newell,
W. H. Lawton.
Mr. Mithoff presented the following:
1 84
JOURNAL
Whereas, The immense amount of litiga-
tion in which the State is and may be a
party will require additional legal assist-
ance ; therefore,
Be it resolved by the Senate and House of
Bepresentatives of the State of Louisiana
in General Assembly convened, That the
governor is hereby empowered to employ
one or more attorneys to assist the attorney
general. The pay of said attorneys shall
be the usual fees allowed to attorneys and
be paid on their own warrant when ap-
proved by the governor.
Be it further resolved, That the same shall
be in force from and after its passage.
The foregoing having been read, a motion
to suspend the rules in order to put the
bill on its second reading was lost—yeas
15, nays 8—not four-fifths.
An act in relation to roads and levees
was taken up section by section.
The first amendment by the committee
was tabled by a vote of 19 yeas, 5 nays, as
follows :
YEAs-Messrs. Barrett, Bell, Brown, Boyce,
Benson, Delage, Hart, Hills, Jones, Kava-
nagh, Lawton, MithofF, Newell, Sullivan,
Springer, Walter, Watson, Wright and
Wood—19.
Nats—Messrs. Brownlee, Lara, Nicolas,
Purcell, O'Connell—5.
Mr. Bell moved to fill up the blank in the
salary of the state superintendent with
$2000.
Mr. Boyce amended to $2500.
Accepted by Mr. Bell, but ordered to be
tabled—yeas 16, nays 8, viz :
Yeas'—Messrs. Barrett, Bell, Brown,
Boyce, Benson, Hills, Jones, Mithoff, New-
ell, Nicolas, Purcell, O'Connell, Sullivan,
Springer, Watson, Wood—16.
Nays—Messrs. Brownlee, Delage, Hart,
Kavanagh, Lara, Lawton, Walter and
Wright—8.
Mr. Springer moved to fill the blank
with $4999. Tabled also.
Mr. Bell's motion to fill with $4000, also
Mr. Hills' motion to fill with $3500.
Mr. Lawton moved to fill the blank with
$5000.
Mr. Montamat moved to table. Lost—
yeas 7, nays 16.
The motion to fill with $5000, was
adopted—yeas 13, nays 10, viz :
Yeas—Messrs. Bell, Brown, Delage, Hills,
Jones. Kavanagh, Lawton, Purcell, O'Con-
nell, Springer, Walter, Wright and Wood
—13.
Nats—Messrs. Barrett, Brownlee, Boyce,
Hart, Lara, MithofF, Montamat, Nicolas,
Sullivan, Watson—10.
Mr. Montamat moved to amend by the
following proviso : Provided the same be
paid,by each parish in the State pro rata,
(the city of New Orleans excepted.) Ta-
bled—yeas 17, nays 5, viz :
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Delage, Hart, Hills, Jones, Kava-
nagh, Lara, Lawton, MithofF, O'Connell,
Walter, Watson, Wright, Wood—17.
Nays—Messrs. Boyce, Montamat, Nicolas,
Sullivan, Springer—5.
Mr. Montamat moved to strike out the
enacting clause. Lost—yeas 10, nays 13.
A motion to reconsider the vote filling
the blank in the salary of the superintend-
ent at $5000, was lost—yeas 8. nays 15.
Mr. Boyce moved to postpone the further
consideration of the bill until next Wed-
nesday. Ruled out of order by the presi-
dent, on the ground that a motion to post-
pone indefinitely had been made and lost
and the motion to postpone to a day cer-
tain, when it is positive that there will be
no session, is the same motion in different
language, being tantamount to an indefinite
postponement of the bill.
Mr. Boyce appealed from this decision.
The decision of the chair was sustained—
yeas 15, nays 6, viz :
Yeas—Messrs. Barrett, Bell, Brown, De-
lage, Lara, Lawton, MithofF, Newell, Nico-
las, Purcell, O'Connell, Springer, Walter,
Wright, Wood—15.
Nats—Messrs. Boyce, Hart, Hills, Mon-
tamat, Sullivan, Watson—6.
Mr. Delage moved to adjourn. Lost—
yeas 9, nays 13.
Mr. Montamat moved a recess of fifteen
minutes. Lost—yeas 11, nays 11.
Mr. Sullivan moved to fill the blank with
$50,000 as the amount of the bond to be
furnished by state superintendent. Tabled
—yeas 14, nays 8.
The bill was then referred to a special
committee of seven members—yeas 12,
nays 11, viz :
Yeas—Messrs. Barrett, Bell, Brownlee,
Boyce, Hart, MithofF, Montamat, Nicolas,
Sullivan, Springer, Watson and the casting
vote of the president—12.
Nays — Messrs. Brown, Delage, Hills,
Lara, Lawton, Newell, Purcell, O'Connell,
Walter, Wright and Wood—11.
The president appointed as the committee
to which the above bill was referred
Messrs. Boyce, Delage, Montamat, Brown,
Watson, Bell and Lawton.
The following members, on behalf of
their respective committees, reported as
hereinafter stated
Mr. Hills, on behalf of the Committee on
Public Education, reported back, with
amendments, "An act to organize and
establish free public schools in the State of
Louisiana."
Report received, and a motion to print
lost.
Mr. Purcell, on behalf of the Committee
on Ways and Means, submitted the follow-
ing report :
The Committee on Ways and Means, to
OF THE
SENATE.
185
whom was referred a joint resolution from
the House authorizing the appointment
of a committee to negotiate a loan of
$1,000,000 for the relief of the State treas-
ury, recommended that it be rejected, and
offered a substitute.
The rules were suspended, the fore-
going report was taken up, the substitute
adopted, and, under a further suspen-
sion of the rules, the bill for the relief
of the State treasury was passed with its
title.
By a message from the House, through
Mr. esterfield, its clerk, the Senate was
informed that the House had concurred in
the preamble and joint resolution relative
licenses; also, that the House had con-
curred in the bill relative to practitioners
of medicine, with amendment.
The following message from the gover-
nor was received :
State of Louisiana, J
Executive Department, J-
New Orleans, March 30, 1865. J
I am instructed by his excellency, the
governor of the State, to inform the Senate
that he has approved the following
bills :
" A joint resolution requesting the gov-
ernor of the State to see that all laws are
enforced in the case of all persons holding
civil offices under the State, wh'o are re-
quired to furnish bonds for the perform-
ance of their duties."
" An act to amend article 2653 of the
Civil Code of Louisiana."
"An act authorizing the inspectors of
weights and measures throughout the
State of Louisiana to appoint deputies."
" An act relative to district courts for
the parish and city of New Orleans."
" An act relative to district judges
within the State." . •
• " An act to provide for the removal of
all causes pending in the Supreme Court or
other courts of the State under the consti-
tution of 1852."
"Joint resolution tendering the thanks
of the General Assembly to Maj. General
N. P. Banks."
" An act to amend an act entitled ' an
act amendatory of certain acts entitled an
act to incorporate the city of Jefferson,'
approved March 9, 1850."
" An act to amend an act incorporating
the city of Jefferson, approved March 4,
1852," and
" An act to amend an act incorporating
the city of Jefferson, approved April 29,
1853," and
" An act amending the same, approved
March 18, 1856, approved March 15, 1859."
" An act relative to the adoption of
children."
N. C. Snethen,
Private Secretary. '
The Senate then adjourned until 12
o'clock m., to-morrow.
Approved.
John E. Neelis,
Secretary.
Friday, March 31,1865.
The Senate was called to order, pursu-
ant to adjournment, by Hon. L. Gastinel,
president, the following members being
present :
Messrs.* Bell, Brownlee, Brown, Boyce,
Griffith, Hills, Jones, Lara, Lawton,
Mithoff, Nicolas, Purcell, Sullivan ^Spring-
er, Walter, Watson, Wright and Wood
—18.
~ Prayer was offered by the Rev. Father
Murphy.
Mr. Boyce moved to take a recess of
fifteen minutes. Lost—yeas 9, nays 9.
Mr. Bell, on behalf of the Committee on
Auditing and Supervising the Expenses of
the Senate, reported favorably on the
claim of Hon. C. W. Boyce, for pay for
services as president pro tern, -of the Sen-
ate.
The report was received and adopted.
Mr. Mithoff, on behalf of the Committee
on Banks and Banking, submitted the fol-
lowing report :
report of the committee on banks and
banking.
To the honorable president and members of
the Senate :
The Committee on Banks and Banking
would respectfully present the following
additional report on the Chartered banks
of the State :
We would recommend that the New Or-
leans Canal Banking Company, and CLfci-
zens' Bank be left undisturbed in their
respective charters and the rights, acquired
by them. Both institutions are perfectly
solvent, and able to pay all their liabilities,
and the acts of Congress will almost force
all State corporations into the National
banking system. The fifth act offered by
your committee enables all banks of the
State to do so.
The Bank of Louisiana is in liquidation
by military order, as also the State Bank of
Louisiana. Both have reduced their lia-
bilities greatly, but also reduced their as-
sets. In the State Bank of Louisiana the
State is pecuniarily interested. But the res-
pectability of the commissioners appointed,
Messrs. Miltenberger, Roselius and Lapeyre
make it unnecessary for us to recommend
any special act to authorize the appoint-
ment of a board of commissioners for this
bank. The only further recommendation
we can suggest, is a resolution authorizing
the governor to appoint citizens in place
of the state treasurer and secretary of state,
ex-officio members of the board of currency,
186
JOURNAL
or to make said board to consist of five
members, instead of three.
Respectfully submitted.
W. Mithoff, Chairman.
W. H. Lawtox,
John P. Montamat,
John Sullivan,
Robert B. Jones.
Mr. Nicolas reported as correctly en-
rolled the bill to amend the city charter.
Mr. Jones obtained leave and introduced,
without previous notice, a joint resolution
authorizing the governor to employ guards
for convicts, which being read, a motion to
suspend the rules for a second reading pre-
vailed—yeas 22, nays 3, viz :
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Delage, Griffith, Hart, Hills, Jones,
Kavanagh, Lara, Lawton, Mithoff, Monta-
mat, Newell, Nicolas, Purcell, Sullivan,
Springer, Walter, Wright and Wood—22.
Nays—Messrs. Boyce, Benson and Wat-
son—3.
The bill was then read a second time, and
under a further suspension of the rules it
was read -a third time and passed with its
title.
The following resolution was presented
by Mr. Hills:
jResolved, That the sum of one thousand
dollars be and the same is hereby appro-
priated from the contingent fund of the
Senate, to be divided "equally among the
clergymen who have officiated in opening
the sessions of this body with prayer.
The foregoing resolution was amended
so as to require the president to make
the division of the money.
Thus amended it was adopted.
Mr. Jones obtained leave and introduced,
without notice, a joint resolution appropri-
ating $5,000 to print the 16th Annual
Reports of the Decisions of the Supreme
Court of Louisiana, which was read a first
time and laid over under the rules.
Mr. Benson, agreeably to previous notice,
introduced an act for the better observance
of the Sabbath, which was rejected on its
first reading—yeas 13, nays 9, viz:
Yeas—Messrs. Barrett, Bell, Delage, Grif-
fith, Hart, Jones, Kavanagh, Montamat,
Newell, Nicolas, Purcell, Sullivan, Wright
—13.
Nays—Messrs. Brown, Boyce, Benson,
Lara, Lawton, Mithoff, Springer, Walter
and Wood—9.
On motion, the Senate then went into
executive session, and after some time the
doors were opened, when
■ Mr. Sullivan moved to adjourn—yeas 6,
nays 19.
A motion to remove the injunction of
secrecy, so far as the nominations which
were to-day confirmed, prevailed—yeas 21,
nays 3, viz:
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Boyce, Benson, Delage, Hart, Jones,
Kavanagh, Mithoff, Montamat, Nicolas,
Purcell, O'Connell, Sullivan, Springer,
Walter, Watson, Wright and Wood—21.
Nays—Messrs. Griffith, Lara, Lawton—3.
By a message from the House, the con-
currence of the Senate was requested in
the general appropriation bill.
This message was taken up under a sus-
pension of the rules, and was read a first
and second time and referred to the Com-
mittee on Ways and Means, with instruc-
tions to print and report on to-morrow.
The bill to organize the public schools
of the State was taken up on its second
reading.
The first and second sections were
adopted.
The third section was read, when Mr.
Sullivan proposed the following proviso :
Provided, That the school taxes collected
from white property holders shall be de-
voted exclusively to the education of white
children only, and that the school taxes
collected from colored property holders
shall be expended for the education of
colored children, and for no other pur-
pose.
Pending discussion on the proviso,
Mr. Montamat moved to adjourn until 12
o'clock m., to-morrow. Carried—yeas 11,
nays 9, viz :
Yeas—Messrs. Brownlee, Brown, Ben-
son, Hills, Jones, Montamat, Nicolas, Sulli-
van, Springer, Wright, Wood—11.
Nays—Messrs. Barrett, Bell, Hart, Kav-
anagh, Lara, Lawton, Mithoff, O'Connell,
Walter—9.
" Approved.
John E. Neelis,
Secretary.
Saturday, April 1, 1865.
The Senate was called to order, pursuant
to adjournment, by Hon. L. Gastinel, presi-
dent, in the chair, and the following mem-
bers present:
Messrs. Barrett, Bell, Brownlee, Brown,
Boyce, Benson, Delage, Hills, Jones, Lara,
Lawton, Mithoff, Montamat, Nicolas, Pur-
cell, Sullivan, Walter, Watson and Wood—
19.
Mr. Jones, on behalf of the Judiciary
Committee, reported as hereinafter stated,
viz :
" An act fixing the compensation of dis-
trict judges in the parish of Orleans." Fa-
vorably.
" An act to suspend prescription." Fa-
vorably. Under a suspension of the rules,
this bill was taken up and passed with its
title.
" An act to amend section 1 of an act
entitled 'An act relative to divorces.' '
Unfavorably.
OF THE
SENATE
18?
" An act to regulate the compensation of
police jurors throughout the State." Un-
favorably.
"An act to regulate fees of justices
of the peace and constables throughout the
State." Unfavorably.
"An act relative to judicial advertise-
ments." Unfavorably.
Mr. Boyce, on behalf of the Special Com-
mittee on the bill relative to levees and
roads, submitted a report recommending
the postponement of the bill.
Mr. Montamat moved to go into execu-
five session: Tabled. Yeas 17, nays 4,
viz:
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Boyce, Benson, Hart," Hills, Lara,
Lawton, Mithoff, Nicolas, O'Connell, Pur-
cell, Springer, Walter and Watson—17.
Nays—Messrs. Griffith, Montamat, Sulli-
van and Wright—4.
Mr. Bell presented the following resolu-
tion:
Resolved, That 200 copies of the debates
of the Senate be published in book form.
The resolution was amended to read 500,
and a motion to table having been made
and lost—yeas 7, nays 17—the resolution
was adopted as amended.
The following resolution, offered by Mr.
Boyce, was adopted:
TjVhereas, By a publication in the New
Orleans Picayune of this morning, it is evi-
dent that some person or persons have
violated the rules of the Senate, by giving
information in relation to business which
was before the Senate on yesterday, in ex-
ecutive (secret) session,
Be it resolved, That a committee of three,
(3) be appointed by the chair to call upon
the editor of the New Orleans Picayune,
and request of him to give the name of the
author by which the said proceedings were
published, and if necessary, to call for per-
sons and papers to ascertain the person or
persons, who are guilty of this breach of
the rules of this body.
The president appointed Messrs. Boyce,
Hart and Walter to compose said com-
mittee.
Mr. Hills obtained leave and introduced,
without previous notice, a joint resolution
relative to the perpetuation of testimony.
The rules were suspended—said joint re-
solution was read a first and second time
and adopted; and on a further suspension
of the rules, it was read a third time and
passed with its title.
Mr. Barrett introduced " An act to reor-
ganize the Board of Currency," which being
read the first time, the rules were suspended
and the bill was read a second time and
adopted, and on a further suspension of (he
rules it was read a third time and passed
with its title.
The same member introduced " An act
declaring all acts passed by the usurped
powers of the State of Louisiana, since De-
cember 12th, 1860, null and void.
This bill was rejected on its first reading.
The Senate then went into executive ses-
sion, and after some time, the doors were
opened when,
On motion, the injunction of secrecy was
removed from the executive session.
Mr. Montamat moved to adjourn.
Lost—yeas 7, nays 14.
Mr. Hart obtained leave and introduced
the following bills:
"An act to establish a Board of Alrnon-
ers," which was read. The rules having
been suspended, it was read a second time,
and under a further suspension of the rules
passed with its title.
"An act appropriating $60,000 to the
various charitable institutions of the State."
A motion to reject this bill was lost-yeas
2, nays 19.
The rules were then suspended. The
bill was read a second time and referred
to the Committee on Charitable Institu-
tions.
On motion of Mr. Hart, the report of the
joint committee to examine the books and
accounts of the auditor and state treasurer
was made the order ol the day for Monday
next.
The Senate then took up the House bill
to provide for revising the Civil Code, Code
of Practice, and Statutes of the State.
Mr. Boyce moved to amend the first sec-
tion by adding that " the committee shall
be lawyers"—yeas 13, nays 8, viz :
Yeas—Messrs. Barrett, Bell, Brownlee,
Benson, Griffith, Hart, Mithoff", Nicolas,
Purcell, O'Connell, Springer, Walter and
Wright.
Nays—Messrs. Brown, Boyce, Delage,
Hills, Kavanagh, Lawton, Sullivan and
Wood.
Mr. Barrett moved to substitute the
words, " not more than two competent per-
sons, who shall be appointed by the gover-
nor," in place of the words, "not to exceed
three suitable persons."
The amendment was tabled—yeas 13,
nays 7, viz:
Yeas—Messrs. Bell, Brown, Boyce, Ben-
son, Griffith, Hart, Hills, Nicolas, Purcell,
O'Connell, Sullivan, Walter and Wood.
Nays—Messrs. Barrett, Brownlee, Delage,
Lawton, Mithoff, Springer and Wright—7.
The section was adopted without amend-
ment.
A motion to strike out the words " mile-
age going to and returning from," in the
fourth section, prevailed, and the section
was adopted—yeas 16, nays 3.
The sixth section was then adopted and
the bill adopted as a whole—yeas 13, nays 8.
A motion to adjourn was tabled—yeas
19, nays 2.
188
JOURNAL
The bill for the relief of J. C. Prender-
gast was taken up, read and adopted on its
second reading—yeas 15, nays 7, viz :
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Boyce, Benson, Hart, Hills, Jones,
Kavanagh, Purcell, O'Connell, Sullivan,
Walter and Wright—15.
Nays—Messrs. Delage, Griffith, Lawton,
Mithoff, Nicolas, Springer and Wood—7.
The Senate then adjourned until 12
o'clock si., on Monday.
Approved.
John E. Neelis,
Secretary.
Monday, April 3, 1865.
The Senate was called to order, pursuant
to adjournment.
The following members were present at
roll call, viz:
Hon. W. H. Lawton, president pro tern.A
and Messrs. Bell, Brownlee, Brown, Boyce,
Benson, Delage, Griffith, Hart, Kavanagh,
Mithoff, Nicolas, Purcell, O'Connell,
Springer, Walter, Watson, Wood—18.
There being no quorum, Mr. Boyce
moved to take a recess of fifteen minutes.
Lost.
After a short delay, Messrs. Gastinel,
Newell, Sullivan and Wright appeared,
when a quorum was announced.
Prayer was offered by Rev. Dr. Newman.
The journal of yesterday was read, cor-
rected, and approved.
Mr. Nicolas reported as correctly en-
rolled, "An act to provide for the transfer
of the business of the United States Pro-.
visional Court to the State courts."
Mr. Purcell, on behalf of the Committee
on Ways and Means, reported favorably
with amendments on the general appropri-
ation bill.
Mr. Bell, on behalf of the Committee on
Auditing and Supervising the Expenses of
the Senate, submitted the following .re-
port:
New Orleans, March 31, 1865.
The Supervising and Auditing Committee
on Expenses of the Senate, report that, after
dqe examination, they find the following
bills, with complete vouchers, to be correct,
and have approved and audited the same,
viz:
No. 85. Daily Independent $ 22 00
86. Gage, Badger & Co 11 87
87. New Orleans Bee 25 00
88. Israel Jones 38 00
89. II. G. Stetson 70 00
90. Gage, Badger & Co 12 50
91. H. McManus 20 00
92. New Orleans Times 183 50
93. Levi & Naora 10 00
94. J. H. Peters 1100
Am't carried forward $ 403 87
Am't brought forward. ... $ 403 87
No. 95. W. H. Joyce 3 00
96. New Orleans Picayune... 69 75
97. E. R. Wagner 486 75
98. True Delta office 157 50
99. Win. Ewing 19 00
100. John F. Wood 20 00
$1,159 87
Robert B. Bell, Chairman.
Z. Griffith,
R. R. Benson,
John Sullivan,
John Purcell.
Mr. Boyce, on behalf of the Special Com-
mittee to investigate how the Picayune ob-
tained its information in relation to the
executive business of the Senate, reported
that he, with another member of the com-
mittee, had visited the Picayune office, but
that the editor was not in.
On motion, the report was received and
the committee was discharged.
Mr. Bell presented the letter of resigna-
tion from Hon. R. B. Jones.
On motion, the resignation of Mr. Jones
was accepted.
Mr. Wright presented the following :
Be it resolved by the Senate, That the em-
ploye's and officers of the Senate receive an
extra compensation of one hundred and fifty
dollars each.
The foregoing resolution was tabled—
yeas 17, nays 4.
Mr. Hart presented a resolution allowing
E. P. Claudon one hundred dollars for ser-
vices as clerk of the Joint Committee to
revise the city charter, which was referred
to the Committee on Auditing and Super-
vising the Expenses of the Senate.
The Senate then took up the report of the
Special Committee on the New Orleans and
Carrollton Railroad.
Mr. Boyce moved to reject the report.
Lost—yeas 4, nays 15. The report was
then adopted.
Mr. O'Connell moved to postpone action
on the resolution of the Committee on Car-
rollton Railroad. Lost—yeas 4, nays 17.
Mr. Brown moved to strike out of the
resolution so much as relates to the for-
feiture of the charter of said company.
Carried—yeas 17, nays 3.
By a message from the House, through
Mr. Westerfield, the Senate was informed
that the House have concurred in the
amendments of the Senate to the following
House bills:
" An act to provide for the care and safe-
keeping of the grounds and property of the
State, at Baton Rouge."
The same message requested the concur-
rence of the Senate in "An act to define
the boundaries between the parishes of
Lafourche and Terrebonne."
Also, informed the Senate that the House
OF THE
SENATE.
189
had concurred in an act to enable certain
persons to construct a canal from Yermil-
lion Bay to Sabine river.
The Senate then took up the general
appropriation bill.
Mr. Kavanagh moved to strike out the
appropriation of $3,000 for the salary of
the adjutant general, which was tabled—
yeas 15, nays 9.
The item was then adopted—yeas 13,
nays 9, viz:
Yeas—Messrs. Barrett, Bell, Brown, Grif-
fith, Hart, MithofF, Montamat, Newell, Nic-
olas, Purcell, O'Connell, Springer and
Wood—13.
Nays—Messrs. Brownlee, Boyce, Benson,
Delage, Kavanagh, Lawton, Sullivan, Wal-
ter and Wright—9.
Mr. Hart moved to strike out all the
items relating to charitable appropriations
and insert in lieu thereof the words, " for
the relief of charitable institutions, $70,000."
Lost.
Mr. Montamat moved as an additional
item, " Widows' Home of the city of New
Orleans, Third District, $1,500," which
was adopted.
The item of $720 for the gardener in
charge of the State garden at Baton Rouge,
was adopted—yeas 19, nays 3, viz :
Yeas—Messrs. Barrett, Bell, Brownlee,
Boyce, Benson, Griffith, Hart, Lawton, Mit-
hoff, Montamat, Newell, Nicolas, Purcell,
O'Connell, Sullivan, Springer, Wright,
Walter and Wood—19.
Nays—Messrs. Brown, Delage and Kav-
anagh—3.
Mr. Hart moved to add new item :
" For Insane Asylum, Third District,
$2,000."
Mr. Montamat moved to table the new
item proposed by Mr. Hart. Lost.
Yeas—Messrs. Griffith, Montamat, Purcell,
Sullivan, Springer, Wright and Wood—7.
Nays—Messrs. Barrett, Bell, Brown, Ben-
son, Boyce, Delage, Hart, Kavanagh, Law-
ton, Mithoff, Nicolas, O'Connell, Walter
and Watson—14.
Mr. Montamat moved to amend the item
by adding after the words " Insame Asy-
lum," the words, "and City Workhouse."
This amendment was tabled, and the new
item adopted—yeas 14, nays 7.
Mr. Hart moved a new item : " for Chil-
drens' Home, 345 Chartres street, $1,500."
Adopted.
Mr. Delage's motion to increase the ap-
propriation to the Poydras Female Orphan
Asylum from $1,000 to $1,500, was tabled.
Yeas 13, nays 8, and the item adopted, as
reported.
Mr. Watson's motion to increase the ap-
propriation to the Destitute Orphan Boys
of Jefferson to $1,500, was tabled. Yeas
13, nays 8, and the item was adopted as
reported.
Mr. Purcell proposed a new item: "For
Destitute Colored Boys, Third District,
$1,000." Adopted.
The item of sixty thousand dollars to
repay funds borrowed from internal im-
provement fund was stricken out. The 3d
section was stricken out.
O'A motion, the vote adopting the item of
" $1,000, for veterans of 1814, '15," was
reconsidered, and a proviso that the re-
cipients be loyal, was added, when the
item was re-adopted, after a motion to in-
crease the item to $2,000 had been tabled
by a vote of 16 yeas to 6 nays.
Mr. Hart moved to reconsider the vote
adopting the item of $2,000 to the Female
Orphan Asylum at Baton Rouge. Car-
ried—yeas 10, nays 10—the president voted
yea, and the item was reconsidered and
reduced to $1,000, and adopted by a vote
of 12 yeas and 8 nays.
The vote adopting the item of $2,000 to
the Catholic Ladies' Benevolent Associa-
tion at Baton Rouge, was reconsidered by
a vote of 11 yeas to 10 nays. The item was
then reduced to $1,000, by a vote of 12
yeas to 9 nays, and adopted as reduced.
The bill was then adopted as a whole as
amended by the Senate, and the rules
being suspended, the bill passed with its
title.
The Senate then adjourned until 12
o'clock to-morrow.
Approved.
John E. Neelis,
Secretary.
Tuesday, April 4, 1865.
The Senate was called to order, pursuant
to adjournment, by Hon. L. Gastinel, pres-
ident, and the roll being called, the
following members answered to their
names :
Messrs. Barrett, Bell, Brownlee, Brown,
Boyce, Benson, Delage, Griffitith, Hart,
Hills, Kavanagh, Lara, Lawton, MithofF,
Montamat, Newell, Nicolas, Purcell, O'Con-
nell, Sullivan, Springer, Walter, Watson,
Wright, Wood—25.
The journal was read and approved.
Mr. Montamat, on behalf of the Com-
mittee on Finance, submitted the fol-
lowing report, which was received and
adopted :
To the honorable president and members of
the Senate:
Gentlemen—Your committee beg leave
to submit the following general report of
the Finance Committee of the Senate, of
funds appropriated for payment of per diem
of members, salaries of officers and em-
ploye's,, contingent expenses and state
printing for Senate and House of Repre-
sentatives, from January 2d, 1865, to April
4th, 1865 :
190
JOURNAL
Amount on the last report $34,772 49
Warrant No. 24. Paid per diem of
members, seven days ending
March 18th. 1,512 00
Warrant No. 25. Paid salaries of
officers and employe's, seven
days ending March 18th 742 00
Warrant No. 26. To W. R. Fish,
state printer, for state printing
to January 31st 3,530 13
Warrant No. 27. To W. R. Fish,
state printer, for state printing
to February 28th 1,390 36
Warrant No. 28. To J. F. Wood,
sergeant at-arms, for contin-
gent expenses 992 20
Warrant No. 29. Paid per diem of
members, seven days ending
March 25th 1,512 00
Warrant No. 30. Paid salaries of
offioers and employe's, seven
days ending March 25th 742 00
Warrant No. 31. Paid per diem of
members, ten days ending
April 4th 2,160 00
Warrant No. 32. Paid salaries of
officers and employe's, ten days
April 4th 1,060 00
Warrant No. 33. To J. F. Wood,
sergeant-at-arms, tor contin-
gent expenses 1,159 87
Warrant No. 34. To C. W. Boyce,
for extra services 368 00
Warrant No. 35. To W. R. Fish,
for state printing, to March 31. 4,383 75
$54,524 80
Such amount is divided as follows :
Per diem of members $20,088 00
Salaries of officers and employe's 9,858 00
Contingent expenses 4,144 97
State printing for Senate and
House 20,065 83
To C. W. Boyce, for extra service 368 00
$54,524 80
All of which is respectfully submitted,
John P. Montamat,
Chairman.
R. R. Benson,
John Sullivan.
Mr. Bell, on behalf of the Committee on
Printing, submitted the following reports,
which were received and adopted :
New Orleans, April 3,1865.
The Printing Committee of the Senate
and House of Representatives, beg leave to
report that, in accordance with item 5th,
and section 10th of "An act entitled an act
to define the duties and compensation of
state printer," approved January 1st, 1S65,
they have carefully examined the bills pre-
sented by W. R. Fish, state printer, to
March 31, 1865, and find the same to be
correct, amounting to forty-three hundred
and eighty-three dollars and seventy-five
cents, ($4383 75), and recommend that the
same be paid.
Robt. B. Bell,
Chairman Senate Committee on Printing.
Chas. W. Boyce,
J. O'Connell,
John Puiicell,
John T. Barrett.
W. D. Miller,
Chairman House Committee on Printing.
P. K. O'Conner,
Jacob Schillang,
P. E. R. Smith,
Patrick Harnan,
W. R. Meeks.
New Orleans, April 4, 1865.
To the honorable president and members of
the Senate of Louisiana:
Gentlemen—The Committee on Public
Printing, beg leave to report the following
recapitulation of public printing from the
3d October, 1864, to March 31st, 1865, in-
elusive, viz:
Report No. 1—Amount from 3d
October, 1864, to December
31st, 1864 $10,761 59
Report No. 2—Amount from Jan-
uary 1st, 1865, to January 31st,
1865 3,530 13
Report No. 3—Amount from
February 1st, 1865, to Februa-
ry 28th, 1865 1,390 36
Report No. 4—Amount from
March 1st, 1865, to March 31st,
1865 4.383 75
$20,065 83
All of which is respectfully submitted.
Robt. B. Bell,
Chairman Senate Committee on Printing.
John T. Barrett,
C. W. Boyce,
J. D. O'Connell.
W- D, Miller,
Chairman House Committee on Printing.
P. Harnan,
Jacob Schillang.
The same member, on behalf of the Com-
mittee on Auditing and Supervising th«
Expenses of the Senate, submitted the fol-
lowing reports, which were received :
New Orleans, April 4, 1865.
To the honorable president and members of the
Senate of Louisiana:
Gentlemen—The Committee on Auditing
and Supervising the Expenses of the Senate,
beg leave to report the following recapitu-
lation of the expenses of the Senate from
the 3d October, 1864, to March 31st, 1865,
inclusive :
Report No. 1 $2028 94
" 2 528 95
3 736 65
« 4 1004 10
Am't carried forward $4298 64
OF THE
SENATE.
191
Am't brought forward. ..$4298 64
Report No. 5 679 15
" 6 217 00
" 7 686 87
" 8 395 10
" 9 910 93
" 10 992 20
" 11 1159 87
$9339 76
All of which is respectfully submitted.
Robt. B. Bell, Chairman.
R. B Benson,
Z. Griffith,
John Purcell,
John Sullivan*
New Orleans, April 4, 1865.
To the honorable president and members of the
Senate:
Gentlemen—Your committee, to whom
was referred a resolution that the sum of
one hundred dollars be appropriated for
E. P. Claudon, for services as clerk of joint
committee to revise the city charter, beg
leave to report favorably on the same, and
recommend its passage ; beg leave, also, to
offer a resolution, that the sum of one hun-
dred and fifty dollars be paid to P. E. Brady,
for services as clerk of the following com-
mittees, to-wit: Internal Improvements,
Committee on Printing, and Supervising
and Auditing the Expenses of the Senate.
All of which is respectfully submitted.
Robt. B. Bell, Chairman.
John Sullivan,
Z. Griffith,
John Purcell.
Mr. Boyce presented the following, which
was adopted :
Resolved, That the sum of three hundred
and sixty-eight dollars be allowed to W. S.
A. McDonald, as extra compensation for
services rendered by him as assistant ser-
geant-at-arms, porter and messenger of the
Senate, from the 3d day of October, 1864.
to the 4th day of April, 1865, inclusive, to
be paid out of the contingent fund.
Mr. Montamat presented the following
preamble and resolutions :
Whereas, Bartholomew Leahy Lynch,
attorney general of the State of Louisiana,
has caused to be transferred several suits
from the jurisdiction of the First District
Court of New Orleans, alleging that justice
could not be had in said court; therefore,
Be it resolved, That such action on the
part of the attorney general is a reflection
against the judiciary of the State, against
the character of the regularly established
courts thereof, and against the integrity of
the people who elected him tc his office,
and from among whom the juries of the
courts are drawn.
Be it further resolved, That such conduct
on the part of said B. L. Lynch is unlawyer-
like, unbecoming a high public officer and
expressly contrary to the laws which he
has sworn to support, and which alone
should govern him in the discharge of his
official duties.
Be it further resolved, That this attempt
to cast odium upon the judiciary, the
jurors, citizens and people of the State, de-
serves the severest reprehension: that if
there is any difficulty, as alleged by said B.
L. Lynch, in obtaining justice in the courts,
it is owing to the want of ability on the
part of the attorney general: that the said
Bartholomew L. Lynch be and is hereby
requested to resign, and give an oppor-
tunity to the citizens of the State to elect a
more competent officer.
On motion of Mr. Hills, the preamble
and resolutions were amended by striking
out the name of B. L. Lynch, wherever it
occurs and inserting the words "attorney
general of the State."
Mr. Newell moved to table the foregoing
resolutions. Lost, yeas 7, nays 16, viz :
Yeas—Messrs. Brown, Benson, Lawton,
Newell, Purcell, O'Connell and Wood—7.
Nays—Messrs. Barrett, Bell, Boyce, De-
lage, Griffith, Hart, Hills, Kavanagh, Mit-
hoff, Montamat, Nicolas, Sullivan, Springer,
Walter, Watson and Wright—16.
The resolutions were then adopted.
Yeas 13, nays 10, viz :
Yeas—Messrs. Bell, Boyce, Delage, Grif-
fith, Hart, Hills, Mithoff, Montamat, Nico-
las, Sullivan, Springer, Watson and Wright.
Nays—Messrs. Barrett, Brown, Benson,
Kavanagh. Lawton, Newell, O'Connell,
Purcell, Walter and Wood.
Mr. Sullivan presented the following
resolution :
Resolved, That the following named offi-
cers of the Senate receive compensation
from the treasurer of the State, on the
warrant of the president, from money not
otherwise appropriated :
To the Secretary of the Senate $150
do. Assistant Secretary 100
do. Official Reporters 100
do. Sergeant-at-arma ; 100
To each of the Assistant sergeants-at-
arms 50
To the Postmaster 50
do. Door-keeper 50
do. Warrant Clerk...: 50
do. Assistant Door-keeper 25
do. Outside Door-keeper 25
do. Porter » 25
To each of the messengers 50
do. do. Committee Clerks 50
do. do. Enrolling Clerks .50
A motion to table the foregoing resolution
being made, the yeas and nays were demand-
ed, and being taken, resulted as follows:
Yeas—Messrs. Brown, Boycd, Benson,
Griffiith, Hart, Lara, Lawton. Montamat,
Newell, Purcell, Springer and Watson—12.
Nays—Messrs. Barrett, Bell, Brownlee
192
JOURNAL
Delage, Hills, Kavanagh, Nicolas, O'Con-
nell, Sullivan, Walter, Wright, Wood—12.
There being a tie, the president voted
yes, and the resolution was tabled.
Mr. Bell presented the following, which
was tabled—yeas 16, nays 8.
Resolved, That the sum of one hundred
dollars each be allowed to E. A. Martin,
Luke Broderick, C. Baumback, Wm. Joyce,
H. McManus and Jacob A. Leidner, as
extra compensation for services rendered
as employe's of the Senate, the same to be
paid out of the contingent fund.
Mr. Hills presented the following, which
was adopted :
Resolved, That when the Senate adjourns,
it shall adjourn until 7 o'clock this evening.
Mr. Kavanagh presented the following
resolution, which was adopted :
Whereas, A resolution has been adopted
by the Senate authorizing the printing of
live hundred copies of the debates in book
form; and,
Whereas, no provision has been made
for the supervision of said work ; therefore,
Re it resolved, That said printing be con-
ducted under the supervision of the official
reporter of the Senate, whose pay shall be
continued during the performance of said
work.
Mr. Mithoff presented a joint resolution
relative to the new canal, which Mr. Hills
moved to reject. Lost—yeas 10, nays 12,
viz:
Yeas—Messrs. Brownlee, Boyce, Benson,
Hills, Newell, Pureell, O'Connell, Sullivan,
Walter and Wood.
Nays—Messrs. Barrett, Bell, Brown, De-
lage, Hart, Kavanagh, Lawton, Mithoff,
Nicolas, Springer, Watson and Wright.
Mr. Bell presented the following, which
was adopted under a suspension of the
rules:
joint resolution.
Be it resolved by the Senate and House of
Representatives of the Slate of Louisiana, in
General Assembly convened, That a joint
committee of three members from the Sen-
ate and members from the House of
Representatives, to be appointed by their
respective presiding officers, to wait upon
his excellency, the governor of the State,
and inform him that the General Assembly
is about to adjourn sine die, and know from
him if he has any communication to send to
said body.
The bill for the relief of J. C. Prendergast
was taken up and passed with its title—yeas
15, nays 9.
The bill for the relief of James A. Pen-
nigar and J ohn McLean having been read,
a motion to suspend the rules was lost.
Mr. Kavanagh moved that the Senate go
into Committee of the Whole, for the pur-
pose of considering said bill. Carried—
yeas 13, nays 7.
The Senate went into Committee of the
Whole, with Mr. Hart in the chair.
After some time, the Committee rose and
reported progress.
The Senate then adjourned until 7 o'clock
this p. m.
evening session.
The Senate was called to order pursuant
to adjournment, Hon. L. Gastinel, president,
in the chair, and the following members
present, viz:
Messrs. Barrett, Bell, Brown, Brownlee,
Boyce, Delage, Griffith, Hills. Kavanagh,
Lara, Lawton, Mithoff, Montamat, Newell,
Nicolas, O'Connell, Pureell, Springer, Sul-
livan. Walter*, Watson and Wood—22.
On motion of Mr. Lawton, the act rela-
tive to pilots was taken up, and under a
suspension of the rules it was passed.
Mr. Boyce presented a resolution to dis-
pense with the translating of all bills and
joint resolutions until after the adjournment,
when it is to be done under the supervision
of the secretary of state.
Mr. Sullivan presented the folio wiug reso-
tlon :
Whereas, D. C. Brady, committee clerk
of the Senate, has labored assiduously upon
three different committees, viz : Internal Im-
provements, Printing, and Supervising and
Auditing Committee on Expenses of the
Senate, since the 20th December, 1864, up
to this date,
Be it resolved by the Senate, That said D.
C. Brady receive for extra services the sum
of one hundred dollars.
A motion to adopt the foregoing was
lost—yeas 7, nays 17.
Mr. Hart called up the joint resolution
authorizing the committee on examining the
books of the auditor and treasurer to sign
the same, which was adopted — yeas 18,
nays 7.
The bill to provide for the revision of the
Civil Code, Code of Practice, and Statutes
of the State, was taken up at its third read-
ing, and the rules having been suspended,
the same was passed with its title.
Mr. Bell called up the joint resolution
appropriating $5000 to pay for printing the
decisions of the Supreme Court, being the
16th Annual, which was adopted on its sec-
ond reading, but the motion to suspend the
rules to pass the bill was lost, by the fol-
lowing vote : r
Yeas — Messrs. Barrett, Bell, Benson,
Hills, Lawton, Mithoff, Springer and Wal-
ter—8.
Nays—Messrs. Brownlee, Brown, Boyce,
Griffith, Hart, Kavanagh, Lara, Nicolas,
O'Connell. Pureell, Sullivan .Watson, Wright
and Wood—-14.
Mr. Uenson obtained leave and intro-
duced an act for the relief of the Orphan
Asylum at the corner of Love and Elmira
streets.
OP THE SENATE.
193
A motion to reject the bill was lost—
yeas 5, nays 17. The bill was then read,
and under a suspension of the rules adopted
on its second reading, and under a further
suspension of the rules it was passed with
its title.
By a message from the House, through
Mr. Westerfield, its clerk, the Senate was
informed that the House had concurred in
all the Senate's amendments to the general
appropriation bill, except those of striking
out the following items, viz :
'' Prytania Street Asylum, First District,"
" Home of the Aged and Infirm, First Dis-
trict," " Society of the Five Wounds. J efier-
son."
On motion, the Senate receded from said
amendments, and the above mentioned items
were reinstated.
Mr. Nicolas presented a resolution of
thanks to 1 ton. L. Gastinel, president of the
Senate, for the able, impartial and dignified
manner he has presided over the delibera-
lions of the Senate.
The resolution was unanimously adopted.
Mr. Bell submitted the following, which
was received and adopted :
New Orleans, April 4, 1865.
To the honorable president and members of
the Senate of Louisiana: \
The undersigned, Auditing and Super- !
vising Committee on Expenses of the Sen-
ate, respectfully report that they have ap-
proved the contingent expenses of John F.
Wood, sergeant-at-arms, up to date, omitted
in the report of April 3, 1805, amounting
to one hundred and seventy-five dollars,
($175 00), and recommend that the same
be paid.
Robt. B. Bell. Chairman.
John Sullivan,
John Purcell.
A motion to adjourn prevailed, where-
upon Mr. Gastinel rose and addressed the
Senate as follows :
Gentlemen—I have been so repeatedly
placed under obligations to every one of
you, during this session, for not complaining
of the errors of the chair, that I feel it is my
duty to return you my thanks before we
separate, for your kindness in overlooking
them.' You are about to return to your
constituents to account for your steward-.,
ship, after a session in which you have had
to Qvercome difficulty unprecedented in
any legislature. That your labors will be 1
satisfactory I am satisfied ; you have every |
reason to hope it will meet a warm and j
overwhelming approval. Although with- j
out an organ to defend our inexperience, ;
and the frequent complaints of inaction of;
the present Legislature, I feel and have no •
doubt that when your labors are collected,
that few legislatures—when your acts on
the judiciary, militia, banks, internal im-
provements, etc., are recollected and com- i
a13
pared, that no legislature has ever excelled
in importance any of those measures. I
therefore - repeat that every one of you, in
the name of justice, has every reason to
expect the approbation of your constitu-
ents, This night witnesses for the last time
in this hall the assemblage of the first Sen-
ate under the Constitution of 1861, and in
all human probability you shall not all
meet again. I therefore ask and beg of
you, for the future elevation of our State,
to forget and forgive all political differences
—to separate as friends and not enemies.
For the resolution complimentary to the
chair, I return you my thanks ; though I
feel that I merit, to a very limited extent,
the compliment.
The Senate then adjourned sine die.
Approved.
John E. Neelis,
Secretary.
EXECUTIVE SESSION
SENATE OF LOUISIANA.
New Orleans, January 10, 1865.
The president laid before the Senate in
executive session, the following communi-
cation from his excellency, the govornor:
State op Louisiana, 1
Executive Department, >-
New Orleans, Jan. 10, 1865.}
To the Senate:
By and with the consent and advice of
the Senate, I submit the following nomina-
tions for the offices named herewith :
John S. Whitaker, of the parish of Or-
leans, chief justice of the Supreme Court.
Ezra Hiestand, of the same parish, for as-
sociate justice.
Zenon Labauve, of the parish of Iber-
ville, for associate justice.
John H. Ilsley, of' the parish of Ascension,
for associate justice.
James Waters, for inspector of weights
and measures, for the First District of the
city of New Orleans.
William Voss, for inspector of weights
and measwes, Second District of the city
of New Orleans.
A. Lusto, for inspector of weights and
measures, Third District of the city of New
Orleans.
Henry Lincks, for inspector of weights
and measures, Fourth District of the city of
New Orleans.
Henry Kuntz, for inspector of weights and
measures, for the parish of Jefferson.
(Signed) Michael Hahn,
Governor of the State of Louisiana.
Mr. Lawton moved a postponement of
any further consideration of the foregoing
194
JOURNAL
communication until next Thursday, at 1
o'clock p. M.
Mr. Hills moved to lay the foregoing mo-
tion on the table, upon which motion the
yeas and nays were demanded and taken,
as follows :
Yeas—Messrs. Bell, Brown, Benson, Hills,
Kavanagh, Watson—6.
Nats—Messrs. Barrett, Delage, Gastinel,
Griffith, Hart, Jones, Lara, Lav/ton, Mithoflf,
Montamat, Newell, Nicolas, Purcell, O'Con-
nell, Springer, Walter, Wright, Wood—18.
Consequently the motion of Mr. Hills
was lost.
The question recurring on the motion to
postpone, the same prevailed, whereupon
the doors were opened.
New Orleans, Jan. 12, 18G5.
The Senate went into executive session
at 1 o'clock p. m., for the purpose of con-
sidering the nominations submitted by his
excellency, on the 10th inst.
On motion, the Senate proceeded to act
on the nominations seriatim.
The vote was first taken on the nomina-
tion of John S. Whitaker for chief justice of
the Supreme Court, when Messrs. Bell,
Brownlee, Brown, Benson, Delage, Hills,
Lara and Nicolas—8 senators, voted in fa-
vor of confirming the nomination, and
Messrs. Barrett, Gastinel, Griffith, Hart,
Jones, Lawton, Mithoff, Montamat, Newell,
Purcell, O'Connell, Sullivan, Springer, Wal-
ter, Watson and Wood—17, voted against
said confirmation, which was accordingly
rejected.
The Senate then proceeded to consider
the nomination of Ezra Hiestand, as asso-
ciate justice, which was rejected by the fol-
lowing vote:
For Confirmation—Messrs. Barrett, Bell,
Brownlee, Brown, Benson, Delage, Hills,
Lara, Nicolas and Purcell—10.
Against Confirmation—Messrs. Gastinel,
Griffith, Hart, Jones, Kavanagh, Lawton,
Mithoff, Montamat, Newell, O'Connell, Sul-
livan, Springer, Walter, Watson, Wood—15.
The Senate then proceeded to consider
the nomination of Zenon Labauve, as as-
sociate justice, which was confirmed by the
following vote :
For the Confirmation—Messrs. Bell,
Brown, Benson, Gastinel, Griffith, Hart,
Hills, Jones, Kavanagh, Lara, Lawton,
Mithoff, Montamat, Newell, Nicolas, Pur-
cell, O'Connell, Sullivan, Springer, Walter,
Watson and Wood—22.
Against the Confirmation—Messrs. Bar-
rett, Brownlee and Delage—3.
The Senate then proceeded to consider
the nomination of John H. Ilsley, as one of
the associate justices, which was confirmed
by the following vote:
For tiie Confirmation—Messrs. Barrett,
Bell, Brownlee, Brown, Benson, Gastinel,
Hart, Hills, Jones, Kavanagh, Lara, Law-
ton, Mithoff, Montamat, Newell, Nicolas,
Purcell, O'Connell, Sullivan, Springer,
Walter, Watson and Wood—23.
Against the Confirmation—Messrs. De-
lage and Griffith—2.
The Senate then proceeded to the con-
sideration of the nomination of James
Waters, as inspector of weights and meas-
ures for the First District of the city of
New Orleans, which was unanimously con-
firmed, the following senators voting for
the same :
Messrs. Barrett, Bell, Brownlee, Brown,
Benson, Delage, Gastinel, Griffith, Hart,
Hills, Jones, Kavanagh, Lara, Lawton, Mit-
hoff, Montamat, Newell, Nicolas, Purcell,
O'Connell, Sullivan, Springer, Walter,
Watson and Wood—25.
Against the Confirmation—None.
The Senate next proceeded to consider
the nomination of Win. Yoss, as inspector
of weights and measures for the Second
District of the city of New Orleans, which
was rejected by the following vote :
For the Confirmation—Messsrs. Barrett,
Benson and Lara.
Against the Confirmation—Messrs, Bell,
Brownlee, Brown, Delage, Gastinel Griffith,
Hart, Hills, J ones, Kavanagh, Lawton, Mit-
hoff, Montamat, Newell, O'Connell, Purcell,
Sullivan, Springer, Walter, Watson and
Wood—22.
The Senate then proceeded to consider
the nominatioffof A. Lusto, as inspector of
weights and measures for the Third District
of the city of New Orleans, which was
rejected by the following vote:
For toe Confirmation—Messrs, Barrett,
Benson, pelage, Hills, Lara, Purcell—6.
Against the Confirmation—Messrs. Bell,
Brownlee, Brown, Gastinel, Griffith, Hart,
Jones, Kavanagh, Lawton, Mithoff, Monta-
mat, Newell, Nicolas, O'Connell, Sullivan,
Springer, Walter, Watson and Wood—19.
The Senate then proceeded to consul"-
the nomination of Henry Lincks, as inspec-
tor of weights and measures for the F^arffi
District of the city of New Orleans, % hi l
was rejected by the following vote :
For the Confirmation—Messrs. Benson
Griffith, Lara, Lawton and Springer- 5.
Against the Confirmation—Messrs. Bell,
Barrett, Brownlee, Brown, Delage, Gastinel,
Hart, Hills, Jones, Kavanagh, Mithoff, Mon-
tamat, Newell, Nicolas, O'Connell, Purcell,
Sullivan, Walter, Watson and Wood—20.
The Senate then proceeded to consider
the nomination of Henry Kuntz, as inspec-
tor of weights and measures for the parish
of Jefferson, which was unanimonsly con-
firmed by the following vote :
For the Confirmation—Messrs. Barrett,
Bell, Brownlee, Brown, Benson, Delage,
OF THE SENATE.
195
Gastinel, Griffith, Hart, Hills, Jones, Kava-
nagh, Lara, Lawton, Mithoff, Montamat,
Newell, Nicolas, O'Connell, Purcell, Sulli-
van, Springer, Walter, Watson, Wood—25.
Against the Confirmation—None.
The secretary was, on motion, then direct-
ed to notify the governor of this action on
the part of the Senate in executive session.
The doors were then opened.
February 2, 1865.
The president laid before the Senate, in
executive session, the following commnni-
cation from his excellency, the governor :
State of Louisiana, )
Executive Department, j-
New Orleans, Feb. 2, 1865.)
To the Senate:
In compliance with the request of a niim-
ber of senators, I herewith submit the names
of John S. Whitaker, for chief justice of the'
Supreme Court, and Ezra Heistand, for
associate justice, by and with the advice
and consent of the Senate.
Michael Hahn,
Governor of the State of Louisiana.
A motion was made that the consideration
of the foregoing communication be post-
poned until Monday, 13th inst., at one
o'clock p. m. Lost by the following
vote:
Yeas—Messrs. Barrett, Gastinel, Griffith,
Jones, Lawton, Mithoff, Newell, O'Connell,
Springer, Wright'and Wood—11.
Nays—Messrs. Bell, Brownlee, Brown,
Boyce, Benson, Hills, Lara, Montamat,
Nicolas, Purcell, Sullivan and Walter—12.
Mr. Hills moved to suspend-'the rules so
as to act on the nominations at once, which
motion was lost by the following vote, two-
thirds not voting in its favor, viz:
Yeas—Messrs. Bell, Brownlee, Brown,
Boyce, Benson, Hills, Lara, Montamat, Nic-
olas, Purcell, and Sullivan—11.
, .Nays—Messrs. Barrett, Gastinel, Griffith,
V^unes, Lawton, Mithoff, Newell, O'Connell,
Springer, Walter, Wright and Wood—12.
j _ the further consideration was then post-
foiled until Thursday next, the 9th inst.
The doors were then opened.
New Orleans, March 14,1865.
The president laid before the Senate, in
executive session, the following communi-
cation :
Executive Department, )
State of Louisiana, >-
New. Orleans, March 13, 1865. )
To the Senate :■
I respectfully submit for your advice and
consent the following nominations for the
offices named, viz: -
Christian Koselius, for chief justice of
the Supreme Court.
William B. Hyman, for associate justice
of the Supreme Court.
Robert B. Jones, for associate justice of
the Supreme Court.
E. Y. Leclere, for inspector of weights
and measures for the Second District of the
city of New Orleans.
(Signed) J. Madison Wells,
Governor of Louisiana.
The Senate proceeded to consider the
foregoing nominations seriatim.
The nomination of Mr. Roselius was
unanimously confirmed, as follows :
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Delage, Gastinel, Griffith, Hart,
Jones, Kavanagh, Lara, Lawton, Mithoff,
Montamat, Newell, Nicolas, Purcell, 0'Con-
nell, Sullivan, Springer, Walter, Wright
and Wood—23.
The nomination of Mr. Jones was con-
firmed by the following vote .•
_ Yeas—Messrs. Barrett, Bell, Brownlee,
Delage, Gastinel, Griffith, Kavanagh, Mit-
hoff, Montamat, Newell, Nicolas, Purcell,
O'Connell, Sullivan, Springer, Walter,
Wright and Wood—18.
Nays—Messrs. Brown, Hart, Lara and
Lawton.—4.
The nomination of Mr. Leclere was con-
firmed unanimously,
Yeas—Messrs. Brrrett, Bell, Brownlee,
Brown, Delage, Gastinel, Griffith, Hart,
Jones, Kavanagh, Lara, Lawton, Mithoff,
Montamat, Newell, Nicolas, Purcell, O'Con-
nell, Sullivan, Springer, Walter, Wright and
Wood—23.
On motion, the doors were then opened.
New Orleans, March 31, 1865.
The roll was called, and' the fol-
lowing senators answered to their names,
viz :
Hon. L. Gastinel, president, presiding,
and Messrs. Barrett, Bell,Brownlee, Brown,
Boyce, Benson, Delage, Griffith, Hart, Hills,
Jones, Kavanagh, Lara, Lawton, Montamat,
Mithoff, Newell, Nicolas, O'Connell, Pur-
cell, Sullivan, Springer, Walter, Watson,
Wright and Wood—26.
The president submitted to the Senate the
following executive communication:
State of Louisiana, 1
Executive Department, r
New Orleans,, March 31, 1865.)
To the Senate
I submit, for your advice and consent,
the following nominations for the offices
named, to-wit:
William B. Hyman, for chief justice of
the Supreme Court, vice Christian Roselius,
resigned.
Rufus K. Howell, for associate justice of
190
JOURNAL
the Supreme Court, vice William B. Hyman,
appointed chief justice.
Edmond Abell, for judge of the First
District Court of New Orleans.
Guy Duplantier. for judge of the Second
District Court of New Orleans.
.Ernest T. Fellows, forjudge of the Third
District Court of New Orleans.
Paul E. Theard, for judge of the Fourth
District Court of New Orleans.
John W. Thomas, for judge of the Fifth
District Court of New Orleans.
Charles Leaumont, forjudge of the Sixth
District Court of New Orleans.
A. Cazabat, for judge of the Second Judi-
cial District.
J. Madison Wells,
Governor of Louisiana.
On motion, the Senate proceeded to con-
sider the foregoing nominations.
On a motion to confirm the nomination of
Mr. Hyman as chief justice, Messrs. Barrett,
Bell, Brownlee. Boyce, Benson, Delage,
Griffith, Hart, Hills, Jones, Kavanagh, Lara,
Lawton, Montamat, Mithoff, Newell, Nicolas,
O'Connell, Purcell, Sullivan, Springer,AVal-
ter, AVright and AVood voted yea, and Mr.
Brown nay. Consequently, the nomination
was confirmed.
A motion to confirm the nomination of
Judge Howell prevailed, as follows :
Yeas—Messrs. Barrett, Bell, Brownlee
Brown, Boyce, Benson, Delage, Griflilh,
Hills, Jones, Kavanagh, Lara, Lawton, Mit-
hoff, Montamat, Newell, Nicolas, O'Connell,
Purcell, Sullivan, Springer, AValter, AVTiglit
and AVood—24.
Consequently, the nomination of Judge
Howell was unanimously confirmed.
Amotion to confirm the nomination of Mr.
E. Abell prevailed, by the following vote :
Yeas—Messrs. Barrett, Bell, Brownlee,
Boyce, Delage, Griffith, Hart, Hills, Jones,
Kavanagh, Lara, Lawton, Mithoff, Monta-
mat, Newell, Nicolas, O'Connell, Purcell,
Sullivan, Springer, AValter, AVatson, AVright
and AVood—24.
Nats—Messrs. Brown and Benson—2.
Consequently, the nonination was con-
firmed.
On motion, the consideration of the
other nominations was postponed until to-
morrow, at 1 o'clock f, m., and the doors
were opened.
New Orleans, April 1, 18G5.
The president submitted to the consider-
ation of the executive session, the follow-
ing communications:
State of Louisiana, a
Executive Department, j-
New Orleans, April 1, 1805.)
To the Senate:
The following nominations sent to your
body yesterday, to wit:
i Guy Duplantier, for judge of the Second
j District Court of New Orleans ;
• John AV. Thomas, for judge of the Fifth
! District Court of New Orleans ;
\ Charles Leaumont, for judge of the Sixth
! District Court of New Orleans ;
i Are hereby withdrawn, and the annexed
; nominations substituted :
| John AV. Thomas, for judge of the Second
{ District Court of New Orleans ;
; Charles Leaumont, for judge of the Fifth
' District Court of New Orleans ;
j Guy Duplantier, for judge of the Sixth
| District Court of New Orleans.
J. Madison AVells,
Governor of Louisiana.
I State of Louisiana, 1
j . Executive Department, >-
I New Orleans, April 1, 18G5. j
To the Senate:
I submit for your advice and consent
the following nominations :
Ralph Beauvais, for judge of' the Fourth
Judicial District.
Reuben T. Posey, for judge of the Fifth
Judicial District..
J, Madison AVells,
Governor of Louisiana.
On motion, the Senate proceeded to con-
sider the foregoing communications.
The nomination of Mr. Guy Duplantier
as judge of the Sixth District Court, was
confirmed unanimously:
Yeas — Messrs. Barrett, Bell, Brown,
Brownlee, Boyce, Benson, Delage, Griffith,
Hart, Hills, Jones, Kavanagh, Lawton, Mit-
hoff, Montamat, Nicolas, Purcell, O'Connell,
Sullivan, Springer, AValter, AVatson, AVright
and AVood—24.
The nomination of Judge Thomas was
confirmed: '
Yeas—Messrs. Barrett. Bell, Brownlee,
Brown, Boyce, Benson, Delage, Griffith,
Hart, Hills, Jones, Kavanagh, Lawton,
Montamat, Nicolas, Purcell, O'Connell,
Sullivan, Springer, AValter, AVright and
AVood—22.
Nays—Messrs. Mithoff and AVatson—2.
The nomination of Judge Leaumont was
confirmed:
Yeas—Messrs. Barrett, Bell, Brownlee,
Boyce, Benson, Delage, Griffith, Hart, Hills,
Jones, Kavanagh, Lawton, Mithoff, Mon-
tamat, Nicolas, Purcell, O'Connell, Sulli-
livan, Springer, AValter, AVatson, AVright '
and Wood—23.
Nats—Mr. Brown.
The nomination of Mr. Theard was con-
firmed :
Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Boyce, Benson, Dplage, Griffith,'
Hills, Jones, Kavanagh, Lawton, Mithoff,
Montamat, Nicolas, Purcell, O'Connell, Sul-
livan, Springer, AValter, AVatson, AVright
and AVood—23.
Nays—Mr. Hart.
OF THE SENATE.
The nomination of Mr. Fellows was con- State of Louisiana, 1
firmed: ; Executive Department, >-
Yeas—Messrs. Barrett, Bell, Brownlee, j New Orleans, April 4, 18G5.)
Brown, Boyce, Benson, Delage, Griffith, To the Senate:
Hart, Hills, Jones, Kavanagh, Lawton, Mit- , I submit for your advice and consent the
hoff', Montamat, Nicolas, Purcell, O'Cou- j following nominations :
nell, Sullivan, Springer, Walter, Watson, j A. Lusto, for inspector of weights and
Wright and Wood—24. ' measures for the Third District of the city
The nomination of Judge Cazabat was of New Orleans,
confirmed : John Haas, for inspector of weights and
Yeas—Messrs. Barrett, Bell, Brownlee, measures of the Fourth District of the city
Brown, Boyce, Benson, Delage, Griffith, of New Orleans.
Hart, Hills, Jones, Kavanagh, Lawton, Mit- J. Madison Wells,
hoff, Montamat, Nicolas, O'Connell, Purcell, Governor of Louisiana.
Sullivan, Springer, Walter, Watson, Wright The Senate then proceeded to consider
and Wood—24. the foregoing communication.
The nomination of It. Beauvais was con- The nominaiion of Mr. Lusto was con
firmed. ; firmed.
Yeas—Messrs. Barrett, Bell, Brownlee, Yeas—Messrs. Barrett, Bell, Brownlee,
Brown, Boyce, Benson,Delage,Griffith,Hart, , Brown, Benson, Hart, Montamat, Newell,
Hills, Jones, Kavanagh, Lawton, Montamat, Nicolas, Purcell, O'Connell and Sullivan
Mithoff, Nicolas, Purcell, O'Connell, Sulli- 1 —12.
van, Springer, Walter, Watson, Wright and ; Nays—Messrs. Boyce, Delage, Griffith,
Wood—24. < Kavanagh, Lara, Lawton, Mithoff, Springer,
The nomination of Judge K. T.Posey was ; Walter, Wright and Wood—11.
confirmed. ' I The nomination of Mr. Haas was con-
Yeas—Messrs. Barrett, Bell, Brownlee, j firmed.
Brown. Boyce, Benson, Delage, Griffith, : Yeas—Messrs. Barrett, Bell, Brownlee,
Hart, Hills, Jones, Kavanagh, Lawton, Mit-1 Brown, Boyce, Benson, Delage, Griffith,,
hoff, Nicolas, Purcell, O'Connell, Sul- j Hart, Kavanagh, Lara, Lawton, Mithoff,
livan, Springer, Walter, Wright, Wood—22. j Nicolas, Montamat, Newell, Purcell, O'Con-
Nays—Messrs,Montamat and Watson—2. nell, Sullivan, Springer, Walter, Watson,
Wright and Wood.
The doors were then opened.
Approved. -
New Orleans, April 4, 18G5. John E. Neelis,
The president laid before the executive Secretary,
session the following communication: