Louisiana. Attorney General.

Annual report of the Attorney General to the Legislature of the state of ... online

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Mr. Funis.

The Speaxeb— It is to be hoped that on this occasion, around which cluster
the destinies of our nation, no member will refuse to vote, but will preserve
the dignity and decorum of this body.

Mb. Lawton— I do not decline to vote, but wish to vote for Mr. Funis.

Mb. Montamat— I move the gentleman be allowed to vote as he wishes.

Motion carried.

This roll-call resulted in the election of Mr. Belden, as elector from the
Fourth District, against Messrs. Ennis, fiarlow, Swain and Burgess, opposing

The list of candidates for the position of elector from the Fi fth District
was read.

Mb. Hills— The name of Mr. Normand has just been read as a candidate.
I wish to Icnow if he is a resident of the Fifth District ?

Mr. Newell— I am personally acquainted with him and Icnow him to be a
member of tliat district.

Mb. Ghristib— I wish to state that Mr. Taliaferro, who is a candidate, is a
refugee f^om the Fifth District

Mb. Botce — ^According to the apportionment of districts by the Gonstitu-
tional Gonvention, the parishes of Avoyelles and Rapides are in the Fourth
District Mr. Normand is a resident of the parish of Avoyelles, and there-
fore in the Fourth District.

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Mb. Hills — Hia name shoold be erased from the list of candidates.

Mb. Foley — I nominated the gentleman, and now withdraw his name.

Mr. Hamilton was declared elector from the Fifth District agunst Mr.
Taliaferro, the opposing candidate.

The electors chosen, were, in course, uoanimouslj declared the choice of
the flonae.

Mb. Montam at— I beg leave to offer a resolution.

The Speaker-^ All resolutions will be acted upon in separate session of
the respective houses. This joint session was convened for the purpose of
choosing Presidential Electors : that duty having been accomplished, th«
senators will now repair to the Senate chamber.

On motion, carried, the House adjourned until 12 m. to-morrow, the 9th

\' Wednesday, November 9, 1864.

The House met, pursuant to a^ournment.

Mr. Prescott oflTered a resolution, reducing the number of papers to be
henceforward allowed each member to two, and the evening editions thereof.

The committee to whom was referred that subject, reported in regard to
clerks of courts.

Mr. Foley submitted a minority report, which was adopted.

Mr. McDonnell : A joint resolution relative to pensions.

Mr. Howes : Joint resolution relative to messenger of vote of Louisiana to
electoral college.

Mr. Belden : Joint resolution relative to presidential electors.

The consideration of the militia bill was resumed, and it was adopted aa
far as section 36 without important amendment

In section 36, it was proposed to insert " $1500," instead of '' $4000,'' as
salary of adjutant general of the State.

Mb. Chabibeblain— Mr. Speaker : I wish to say a word npon this bill, for
I am of opinion that the militia must be organized on a war footing, fitted to
proceed to extremities. Officers in the regular army, in active service, cer-
tainly receive larger salaries than it is proposed to g^ve for the performance
of the same duties to our State officers. Heretofore, offices in the militia
have been mere sinecures, but now it will be different— exactly the reverse —
ahd if those who fill these offices do not receive a fitting salary, they will not
perform their duty.

A gieneral in the militia should receive as much as one in the regular army,
and we do not want a man to hold the office under consideration, whose
services are not worth more than twelve hundred dollars per annum. He
will not be competent for his duty ; and, instead of having a well-disciplined
army of militia, to sweep this State clear of the rebels who infest it, it will

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be a nullity, because no man, of abilities sufficient to fill the position, will
stoop to serve for such remuneration as these men propose to give.

Kb. Setmour— -I, for one, shall object to such salaries. The present bill of
militia will not be enforced until peace reigns over our once happy State.
Gen. Hnrlbut has issued his edict concerning the militia, and we all know
that he will carry out his ord-it without any reference to our acts.

The salary of the adjutant general is, under the constitution, fixed at
$5000. It is too much ] the office is nothing but a dnecure. Why is A^u-
tant General Swift not here driving out these guerrillas and bushwhackers,
instead of making stump speeches throughout the Northern States^ I vote
no, no, no.

BfR. Christie — ^Mr. Speaker : I am sorry to see a propensity existing in this
House to defeat the measures presented by this bill, and have felt a little sur-
prised to see a tendency in this House to ridicule the means used to pass this
bilL We have heard it firequently said that the order of Gen. Hurlbut has
taken this matter out of our hands, but that is not the question for us to
decide upon now. We are here to decide whether or not we will establish a
loyal militia in this State, and that we must settle whether we wish to or not.
I hope that the adoption of this or some other bill will secure to the State
this great desideratum.

I think there is too much lukewarmness about this, and am surprised that
men who pretend to be loyal are so indifferent, and say we do not want this
bill, because the order of Gen. Hurlbut has settled the matter already. I
deny this, and say that (jen. Hurlbut has not taken, and will not take it out
of our hands, but has left It for us to dispose of. I thank God that I live in
this State at this day, and wish to see this bill adopted by the House, with
the officers well paid for their services. The offer of fifteen hundred dollars
a year is, I think, an insult to the loyalty of a Louisiaoian. [Great applause.]
Fifteen hundred dollars for the salary of an officer whose duties and labors
are, in my opinion, next to those of the governor himself I

A gentieman has said, that he will perform all these things for fifteen hun-
dred dollar^ per annum. I would like to see him manage a body of men taken,
from the streets; for I hardly think he could do it We want a man, who,
with this material can organize and perfect such a body of men as will be to
you a bulwark of defense. This is not to be a diversion, a mere play, a
by-word, but a reality ; it Is for doing this that the officers at the head of thiv
work are to be well paid for their service. It is not a queation of dollars
and cents, but it is a question involving our safety, our welfare and that of the
whole interest of Louisiana for the future. I understand that the former
adjutant general received a salary approaching to five thousand dollars.

Mb. Lewis— I call the gentleman to order. Tbiat question has already
been passed upon.

Mb. GuRisnB— I am speaking ef the general principles. Every gentle-

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man has a right to epeak his sentiments upon this subject, and I want to
know to-day whether you will take up this bill and adopt it, as you should.
I have not lived in vain until this hour if this bill is enacted. It has been
the struggle of the loyal heart of Louisiana for the last three years, and we
must come up to our work like men — like men who have a heartfelt interest
in this bill. I, for one, would like a reconsideration upon this question of
the salary already passed upon. I want this bill pushed forward, and I
want every man to decide now whether this bill interests him or not

I have felt heretofore that this bill was to be ridiculed at every stage of
the proceedings ; but there has been too much of this, and I hope that
evefy gentleman will express his opinion on the subject, and that the chair
will allow the largest possible freedom on this occasion.

Mr. Presgott— I have a few i^marks to e from the Senate, in regard to the differences.


The chair appointed Messrs. Foley, Meeks, Lewis, St Martin and Evans.

Mr. Laster moved a suspension of the rules, to take up hid bill, on the
second reading, relative to authorizirg the city of New Orleans to make cer-
tain local improvements.

The motion to suspend being lost, with the permission of the House the
member withdrew the bill.

The order of the day was then taken up, and the consideration of the
militia bill resumed.

Section 38 was read :

Section 38. The commissary general and the surgeon general of the State
shall obey the orders of the commander-in-chief, and shall be respectivelv
charged with the purchase and issue of all militarv subsistence, and medical,
surgical and hospital supplies, respectively, and for their services they shall
each receive the sum of at least $2500 per annum, payable quarterly, by the
State treasurer.

Mr. Foley— I offer the same amendment as was made to section 37,
inserting after ** per annum " the words <' the same to be paid only during
the time the militia are in actual service of the State, for the purpose of
repelling invasion or suppressing insurrection.-'


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Sections 39, 40 and 42 read and amended as the previoos section.
MB.CHiJfBERLAiN — I move the adoption of the following additional article :
^No general or staff officer shall be appointed on the militia in this State,
who is not a citizen of the State of Louisiana."

SecUon 14. Any non-commissioned officer or soldier who shall sell or
dispose of his uniform, or secrete or remove the same with intent to sell or
^pofie thereof, shall be deemed guilty of a misdemeanor, and be punished
by a fine not exceeding two hundred dollars, and by imprisonment in jail
not exceeding six monms.
Mb. Badges— I amend to a fine not exceeding $100.

Other sections were adopted without amendment

Mb, Todd — I move to strike out " clerks,'^ and insert " orderly sergeants,"
in section 50.
Laid on the table.

Section 54. Ail fines, penalties and assessments may, in addition to other
remedy thereon, be recovered on complaint of the clerk ; and every non-
commissioned officer and private, holden by law to do military duty, and
neglecting to appear without sufficient excuse at the time and place appointed
for such duty, shall forfeit and pa^ as follows :

For absence from any inspection, company training, company or squad
drill, special duty, escort, election, camp or review, four dollars for each
Mb. Kavakagh— I move to amend to " one dollar."
Laid on the table.

Section 55. Every non-commissioned officer or private who appears at a
parade or drill required by law, deficient in any arm, equipment or uniform,
famished him by the State, or required of him by law or general order, or
with such arms, equipments or uniform unserviceable or in bad condition,
shall forfeit five dollars, to be recovered on complaint of the clerk.

Mr. Chamberlain— I move to strike out " five dollars," and insert '*the
value of the articles destroyed."
Laid on the table.

Section 75. Every other commissioned officer of the militia shall receive
for each day's duty in camp, two dollars, and each non-commissiooed officer
and soldier one dollar and thirty cents. Every member of a mounted com-
pany shall receive three dollars per day in addition to the compensation
hereinbefore provided, which shall include keeping and forage for horses.

Mb. CHAtfB£RLAU«^— I movo to strike out " three dollars " and insert " two
Lcud on the table.

Mb. Badgbb— I move to strike out ** one dollar and thirty cents " and
insert ** one dollar and fifty cents."
Laid on the table.

Mr. Fouet— I amend to tiiree dollars.
Laid on the table, and the first amendment adopted.

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Mr. Foley— I moye to stike oat " five cents," in the first paragraph, and
Insert " twenty cents,"— the mileage of officers in section 78.


Mb. Breckenridoe — ^In section 82 I move to strike out ''respectable
physician," and insert '' professional physician."


Section 83. No sargeon or assistant surgeon of a regiment shall he entitled
to reoeiye any fee for the examination of any soldier of the same regiment
applying for exemption from military duty, bat any other medical officer shall
charge twenty-five cents only for such examination and certificate of exemp-
tion, and any person violating this section shall forfeit fifty dollars, to be
recovered on complaint of the adjutant, to the use of the regiment.

Mr, Eoan— I move to substitute " two dollars and fifty cents," for " twen-
ty-five cents."

Laid on the table.

Mr. Harxan— 1 move to amend by striking out all after " military duty."

Laid on the table.

Mr. Katanaoh — I move to strike out " fifty dollars," and insert " not less
than five dollars, nor more than fifty dollars."

Mr. Chamberlain — I am opposed to it, because anybody can afford to
obtain a certificate of exemption for five dollars. I would amend to one, or
five hundred dollars, since it is the punishment of the medical officer who
gives an improper certificate. Fifty dollars is too small and I amend to one
hundred and fifty dollars.

Mr. Michel— I move to lay all amendments on* the table.


BfR. Harnan— In section 88, relating to payment of ^nes, I don't see why
regimental officers are any better than privates, except in position ] therefore,
I wish them to be liable to penalties as well as the privates, and, therefore,

move to insert, '* all commissioned officers shall be liable to a penalty of

dollars, the same as privates ; proyvdedf that the complunt be made by three
or more of any company or regiment"

The amendment was adopted.

Mr. Michel— In section 92, 1 move to strike out, " the party tried paying a
a reasonable sum for his copy."


Section 94. In this section the word "soldier" shall include company
musicians, and all persons in the militia, except commissioned officers, and
the word '* company" may include battery.

Mr. Harnan — ^I move to strike out, ''except commissioned •fficers."


Section 95. If elders or overseers of a society of Quakers or Shakers give
the certificate provided in the second section to a person who does not pro-
fess the religious ikith of their society, or who is not a member thereof, or
who is not conscientiously scrupulous of bearing arms, each elder or over-

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seer so offending shftll forftit $200 to the nse of the State, and be imprisoned
not exceeding six months. *

And any person claiming to be exempted from enrollment, by virtue of
cnch a certflfcate, who does not profess the religious faith, or is not a m«m-
b^ of the socie^^ named therein, or who is not conscientiously scrupulous
of bearing arms, and fails to do so, shall be liable to serre, or treated as a

Mb. Badger — I move to stril^e out the whole section.


Section 96. Keepers of taverns or boarding-houses, and masters and mis-
tresses of dwelling houses, shall, upon the application of the assessors, or
any officer or non-commissioned officer of the militia, within whose bounds
their houses are situated, or of persons acting under them, give information
of the names of persons residing in their houses, liable to enrollment, or to
do military duty : and every person liable to enrollment shall, upon like
application, give his name and ajp^e ,' and if such keeper, master, mistress or
person rehises to give such information, or gives raise information, such
keeper, master, mistress or person shall forfeit and pav at least $100 for each
separate offence, to be recovered on complaint of eitner of the assessors, or
ofncers, or non-conunissioned officers aforesaid, or to be imprisoned for a
term of not less than one year.

Mb. Lewis— I move, after officer of the militia, to insert, << properly author-


Mr. Bjlooer— I move to strike out " $100," and insert <• $200."

Mr. Kavaxaoh — I move that tiiey forfeit not less than $5 nor more than $50.

A motion to lay all amendments on the table was carried.

Mb. Kavanaoh— I move to strike out " one year," in the last line, ^nd
insert ''one month."


Mb. Christie>-I move to insert, after '' are situated," the words, ** provided
be show his authority."


Mb. Habxax—I move to strike out "* $100," and insert « $50."


Section 97. Civil officers named in this section, neglecting or refusing
to obey its provisions, shall, on conviction, except as otherwise specially
provided, forfeit not less than $20 nor more than $500.

MR,MiCHBir-I move to substitute "$100" for "$500."


The remaining sections were adopted as read, without amendment

Mb. Chamberlain— Before the bill is adopted as a whole, I wish to offer
another amendment. The bill does not fix the time that any officer shall
hold his office. I therefore move to insert in section 11, after " appointed
as follows," the following words : " and shall hold office for the term of five

Mb. Michel— I amend to foor years.

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Amendment accepted and adopted.

The bill was then adopted as a whole as amended.

A motion was made to adjourn. * .

Mr. EaAN— I move a reconsideration of the vote yesterday, in regard to

Mb. Foley — ^The gentleman is out of order. A motion to reconsider
must be made before the oxder of the day is taken up.

Mr. Eqan— There was no time ; the rules were suspended to take up the
order of the day.

Mr. Kavanago— The gentleman is mistaken ; the rules were not sua*
pended. There is a motion pending to adjourn ; I call for that motion.

Mb. Potnot — The motion to adjourn is to prevent a reconsideration ot
this vote. I think it is rather hard that any member should be deprived of
this privilege.

Mr. Chamberiain — If the rules were suspended before the time arrived
when the motion to reconsider could have been pat, then the motion can
come up the next sitting day.

The Speaker— If the rules were suspended so as to prevent a motion to
reconsider, it can come up to-morrow.

Mr. Egan — I move a suspension of the rules to reconsider.

Lost by the following vote — ^yeas 37, nays 33.

Mb. Foley— I move to adjourn.

Mr. Bofill — I offer the following in this connection :

BAsdoed, (the Senate concurring), That both Houses of the General
Assembly do adjourn on Monday, November 14, 1864, at 3 p. m., until the
day fixed for the regular session.

Mr. Kavanaoh— I move that it be rejected.

Mb. Bofill— I think we ought to wait before we proceed any further with
legislation, and see whether our representatives to Congress will be admitted
or not If they are not admitted (although I hope and believe they will be),
we are only incurring expense to the State, and therefore I think we ought
to wait and see.

Mr. Harxan — The State is in a very embarrassed condition at the present
time. There are 15,000 recipients for charity, and I think it is a matter of
justice to adjourn until we know whether or not our representatives are

Mr. Wheeler— It appears to me should we acUoum at that time, it
would appear that we had some doubts about being received into the Union,
I contend that we should do our utmost to keep this matter progressing,
and if we carry out the principles that we are pledged to in coming here, we
shall be received back into the glorious Union, and the stars and stripes
will wav» over us forever.

3iR. Prescott— I think such adjournment would imply a doubt of our

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being officially recognized ; but if I can read the signs of the times, there is
no reason for any doubt If we adjourn under the impression that our
admission is not perfectly sure, that impression will go abroad, and have
an onfaTorablo inflaence at the North, and affect us injuriously. There is
tlie further consideration of the immense amount of business before the
Eoose. The whole Civil Code has to be changed, for public sentiment
appears to be opposed to the old one ; it is predicated on institutions that
have passed away, I trust forever, never to be retuscitated. We are placed
In a peculiar and important position, and we must prepare to meet these
responsibilities ; therefore I think we ought to proceed with the business of
the House, for not less than ten months will be occupied in performing that

Hb. Kavanaoh — ^I call for the yeas and nays on my motion to reject.

The motion prevailed — yeas 48, nays 9.

On motion, the House then adjourned until 12 m. Friday, November 11.

Friday, November 11, 1864.

The House met pursuant to a^oumment at 12 m. Sixty members present

The minutes were read and adopted.

A petition firom citizens of the Third District was read, aslcing the removal
of the nnlsanoe wharf at the foot of Montague street

Mb. Cook— I move it be refi^red to the mayor.

Mb. Kavanaoh— I move to lay that motion on the table. I am in favor of
this House acting on the memorial.

Mb. Christib — I do not ihink it is proper for this House to refer anything
to the mayor. The question is to reject, or act on the petition.

The motion to table was lost, and the motion to refer carried. Teas 29,
nmys 22.

Mr. Bondreaux offered the fbllowing resolution :

Bescivedy That a committee of three be appointed to inquire into, and
report to this House, who, if any, of the members of the House of Repre-
sentatives are violating the constitution by holding or exercising any other
civil office of trust or profit, and report the kind of office they hold.

A motion was made to table.

Mb. Boudbeaux— I move a suspension of the rules to allow the resolution
to be debated.


The motion to table was also lost. Yeas 30, nays 34.

Mb. Kavanagr— I wish to know if the question is now debatable.

The Spbakeb— It is.

Mb. Boudbeaux— Article 90 of the constitution of Louisiana requires the
members of the (jeneral Assembly to take the following oath : *

•* I, (A B) do solemnly swear, or affirm, that I will support the constitu-

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tion and laws of the United States and of this State, and that I will faithfuUj
and impartially discharge and perform all the duties inonmbent on me as

, according to the best of my abilities and understanding. So help

me God."

Article 123 sa^s : ''No person shall hold or exercise, at the same Ume,
more than one civil office of trust or profit, except that of justice of the

Thus everj member solemnly swears to support and obey the constitution,
and yet there are many gentlemen in this House who hold their places in
direct violation of the article above quoted. If there is any gentleman who
can justify this, I should like to hear him.

Mr. Foley— As I am attacked by the gentleman, since I hold another office,
I think it is my duty to reply. From the articles he has read from the consti-
tution, he would intimate that every member holding another office is guilty
of pcigury. If you will refer to the distribution of powers, you will find
that the " powers of the government of the State of Louisiana shall be
divided into three distinct departments, and each of them shall be confided
to a separate body of magistracy, to-wit : those which are legislative to one,
those which are executive to another, and those which are judicial to another.
No one of th^se departments, nor any person holding office in one of them,
shall exercise power properly belonging to either of the others, except in
the instances hereinafter expressly directed, or permitted." According to
this, there are certain persons holding these various offices of the State.
Vfho are the executive officers of the State 7 There is only the governor,
lieutenant governor, auditor, treasurer and secretary of state. I ask the gen-
men on this floor if any of these officers are in the Legislature ? Who are
the members of the judiciary department? The judges of the Supreme and
Inferior Courts and the justices of the peace. The justice of the peace is the
only man, according to this constitution, that is permitted to hold any oth^r
office. Now is there any man on this floor that belongs to the judiciary
department of this State, besides the justices otifhe peace who, by article 123,
are permitted to sit in this body ? What is the legislative department? This
is it. You cannot show me that there is an executive or judicial officer in
this House who is not expressly allowed to be here. I say article 123 jpes
not apply to any other than the executive and judicial officers.

When the gentleman asserts that any member of this body has violated
the constution, he states what is not true. If you will refer to article 35

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