Official Journal of the Proceedings of House of Representatives of the State ...

which was lost by a rising vote of 21 yeas to 34 nays.

Mr. Pearson moved that 100 copies of the substitute be printed. Carried by a rising vote of 37 yeas to 11 nays.

Mi. Pearson moved that the Committee of the Whole rise and report. Carried.

Mr. Chamberlain, as chairman of the Committee of the Whole, reported progress.

BILLS OX THIRD READING.

An act from the Senate to build a bridge across Caaal Carondelet, opposite Galvez street. Third reading and concurred in with title.

"An act authorizing the city corporation to build a good and substantial foot bridge across the New Canal, at Liberty street." Third reading, adopted and passed with title.

"An act to abolish the Black Code." Third reading, adopted and passed with title.

"An act to amend article 155 of the Civil Code." Third reading, adopted and passed with title.

"An act to provide for the promulgation, preservation and conduct cf the public records and judicial and legislative written proceedings of the State of Louisiana." Third reading, adopted and passed with title.

"An act relative to minors." Third reading, adopted and passed with title.

"An act relative to attorneys at-law." Third reading, adopted and passed with title.

On motion, the* House then adjourned until Tuesday, 13th inst., at 12 o'clock M. Approved.

L. C. Westerfield,
Clerk.

Tuesday, Dec. 13,1864.

The House met at 12 o'clock M., pursuant to an adjournment, Hon. S.Belden, speaker, in the chair.

The proceedings of the House were opened with prayer by Father John J. Magee.

The roll being called, the following members answered to their names:

Messrs. Bovee, Bouligny, Balser, Buckley, Brown, Bensel, Badger, Burke, Bernard, Bangs, Breckenridge, Belden R. L., Brooks, Cook, Creijrh, Collins, Chamberlain, Corley,

PETITIONS, MEMORIALS AND RESOLUTIONS.

Mr.Foley moved that the resolution requiring the sergeant-at-arms to arrest H. Hart, president of the New Orleans City Railroad Company, be rescinded. Adopted; and, on motion of Mr. Todd, the report was recommitted.

Mr. Todd moved to reconsider the vote relative to the bill entitled "An act to provide for the promulgation, preservation and conduct of public records and judicial and legislative written proceedings of the State of Louisiana."

Mr. Lewis moved to table. Carried, by the following vote:

Yeas—Messrs. Bovee, Bouligny, Balser, Buckley, Brown, Bensel, Burke, Creigh, Collins, Christie, Foley, Griffith, Howes, Haberlin, Hawkins, Ingram, Kamper, Laster, Lester, Lewis, McCann, Miller W. D., Maas, Mace, Pearson, Prescott, Robinson, Schillang, Yan Tromp, Waters, Woodward—31.

Nays—Messrs. Badger, Bernard, Bangs, Breckenridge, Belden R. L., Cook, Chamberlain, Corley, Dufresne, Danel, Egan, Ennis, Evans, Kavanagh, Laloire, Michel, Marie, Poynot, Rotgd, Riggs, Spellicy, Seymour, St. Martin, Shaw, Smith, Tully, Todd, Wood—29.

NOTICES OP RILLS.

The following members gave notice of their intention to introduce bills:

Mr. Prescott: "An act to define the duties of state tax collector."

Also, "An act for the relief of the State library."

Mr. Seymour, in behalf of the Committee on Judiciary, gave notice of his intention to introduce the following acts:

"Acts to amend articles 3143, 3144, 3145, 3146, 3184. 3216, 3217, 3220, 3233, 3234, 3236, 3238, 3248, 3256, 3274, 3296, 3300, 3363, 3385 and 3435 of the Civil Code of Louisiana."

JOINT RESOLUTION.

Mr. Todd, chairman of Comjnittce on Internal Improvements, presented the following "joint resolution:

Be it resolved by the Senate and House of Bepresenlatives of the State of Louisiana, in General Assembly convened, That the Mexican Gulf Railroad Company be, and is hereby directed to go into immediate liqui

concurring.

First reading and adopted.

A motion was made to table the joint resolution. Lost by a rising vote of 17 yeas, 34 nays.

Whereupon the rules were suspended and the joint resolution put on its second, third and final reading, and passed by the following vote:

Yeas—Messrs. Bovee, Bouligny, Balser, Buckley, Brown, Bensel, Burke, Bernard, Bangs, Breckenridge, Belden R. L., Cook, Collins, Chamberlain, Christie, Dufresne, Egan, Ennis, Ev#ns, Griffith, Howes, Haberlin, Hawkins, Ingram, Kavanagh, Kleas, Kamper, Laster, Lester, Lewis, McCann, Miller W. D., Meeks, Maas, Michel, Mace, Marie, O'Conner, Poynot, Pearson, Prescotfc, Robinson, Rotge', Riggs, Spellicy, Schillang, Seymour, St Martin, Shaw, Tully, Tod<LVan Tromp, Waters, Wood, WoodwardP-55.

Nays—Messrs. Badger, Creigh, Gannon, Laloire—4.

Mr. Burke moved to suspend the rules to put the bill relative to branch pilots on its second reading. Lost by a rising vote of 26 yeas and 10 nays.

BILLS ON FIRST READING.

Acts to amend articles 336, 339, 348,492, 564, 698, 789, 1154, 1155, 1156 of the Civil Code of Louisiana. First reading and adopted.

ORDER OF THE DAY—UNFINISHED BUSINESS.

"An act to organize and establish free public schools in the State of Louisiana,'7 was taken up on its second reading.

Mr. Chamberlain offered the following amendment to section 1st, line 3: the words " in the constitution adopted 1864."

Mr. Harnan moved to table the amendment. Carried, by a rising vote of 15 yeas and 14 nays.

Mr. Harnan amended the section by striking out the word "heretofore" and inserting " hereafter."

The seclion was adopted as amended.

Sections 3 and 4 adopted without any amendment.

Mr. Badger moved to adjourn. Carried by a rising vote of 45 yeas, 15 nays.

The House then adjourned till Wednesday, Dec. 14, 1864, at 12 M.

Approved.

L. C. Westjerfield,
Clerk.

Wednesday, Dec. 14,1864.

The House met at 12 o'clock M., pursuant to an adjournment, Hon. S. Belden, speaker, in the chair.

The roll being called, the following members answered to their names:

Messrs. Bovee, Balser, Brown, Bensel, Badger, Bisbee, Burke, Boudreaux, Bernard, Bangs, Breckenridge, Belden R. L., Brooks, Cook, Creigh, Collins, Chamberlain, Christie, Duane, Dejean, Dufresne, Danel, Egan, Ennis, Evans, Foley, Gannon, Galligar, Griffith, Harnan, Howes, Haberlin, Henratty, Hawkins, Hawthorne, Ingram, Kavanagh, Kleas, Laster, Laloire, Lewis, McCann, McGuire, Miller W. D., Miller R. M., Meeks, Maas, Michel, Mace, Marie, O'Conner, Poynot, Prescott, Robinson, Rotge', Riggs, Spellicy, SchillaDg, Seymour,

St. Martin, Shaw, Smith, SeLette, Tully, Todd, Van Tromp, Walsh, Waters, Wood, Woodward and Wheeler—71.

The journal of Tuesday, 13th inst, was adopted as read.

Leave of absence was granted to Messrs. Buckley and B.aum, on account of sickness.

Mr Foley moved that the following protest be spread upon tbe^ii^utes. Adopted by a rising vote of 41 yoas:

PRO! Ef JT.

We, the undersigned, do hereby protest against the adoption ot the act entitled "An act for the promulgation, preservation and conduct of public record*- and judicial and written legislative proceedings of the State of Louisiana, the same to be only in the English language."

And we humbly request that our votes against said bill be particularly recorded on the journal of this House.

(Signed) P. L Dufresne,

; P. Harnan,

T. F. Kavanagh, Jno. S. Tully, C. St Martin, Jno. T. Michel, J. Rotge, F. Marie, Jno. Ennis, Louis E. Laloire, Jos. S Badger, Samuel M. Todd, P. E. R. Smith, C. G. Breckenridge, J. F. Van Tromp. Mr. Todd moved a suspension of the rules in order to offer a resolution relative to »the friends of Major General Banks. Rules suspended and the following resolution offered:

Resolved, That the use of this hall be granted to the friends of Major General N. P. Banks on the 16th inst. Carried.

NOTICES OF BILLS.

Mr. Dejean, on behalf of the Committee on Judiciary, gave notice of his intention to introduce the following bills:

"Acts to repeal articles 3439, 3444, 3510 and 3513 of the Civil Code."

"Acts to amend articles 536, 537, 945, 3436, 3445, 3490,3501 and 3522 of the Civil Code of Louisiana."

BILLS ON FIRST READING.

"An act for the relief of loyal citizens and unfortunate sufferers by the burning of the town of Alexandria, parish of Rapides, State of Louisiana." First reading and adopted.

"Acts to amend articles 67. 70, 148 and 1157 of the Civil Code of Louisiana." First reading and adopted.

Mr. Todd moved to suspend the rules to take up a bill entitled "Airlict to renew the act of Legislate of 1855 relative to building a railroad from Thibodaux to Houma." Lost by a rising vote of 26 yeas to 18 nays.

Mr. Van Tromp moved to suspend the rules in order to take up Senate bill entitled "An act for the relief of the Louisiana Institution for the Beat; Dumb and Blind." Rules suspended, and the bill put on its third and final reading and concurred in with tifle.

Mr. Foley moved to suspend the rules in order to take up bills on their third reading.

Rules suspended, and bills on their third reading taken up.

"An act for the relief of the parish of East Baton Rouge, to replace court house furniture.'' Third and final reading.

Mr. Creigh moved to reject the bill.

Rejected by the following vote:

Yeas—Messrs. Balser, Brown, Bensel, Bisbee, Burke, Boudreaux, Bernard, Bangs, Belden R. L., Brooks, Cook, Creigh, Collins. Chamberlain, Duane, Dufresne, Egan, Ennis, Evans, Gannon, Galligar, Harnan, Howes; Haberlin, Henratty, Hawthorne, Ingram, Kavanagn, Kleas, Laloire, McGuire, Miller W. D., Meeks, Maas, Michel, Mace, Marie, 07Conner, Poynot, Prescott, Rotge, Spellicy, Schillang, Seymour, St. Martin, Shaw, Senette, Todd, Wood, Woodward. Wheeler—51.

Nays—Messrs. Bovee, Badger, Breckenridge, Christie, Dejean, Danel, Foley, Griffith, Lewis, McCann, Miller R. M., Riggs, Smith, Tully, Van Tromp, Walsh—16.

"An act authorizing the issuing of State treasury notes. Third and final reading.

Mr. Foley moved to insert "$20,000" in the blank in section 4 of the bill.

Mr. Van Tromp amended to insert "$10,000." Amendment accepted.

Mr. Boudreaux moved to reject the bill, which was lost by the following vote:

Yeas—Messrs. Bovee, Brown, Bensel, Bisbee Boudreaux, Bernard, Bang3, Belden R. L., Creigh, Collins, Chamberlain, Christie. Duane, Dufresne, Gannon, Galligar, Howes, Haberlin, Hawthorne, Kavanagh, Kleas, McGuire, Miller R. M., Maas, Mace, Schillang, Shaw, Tully, Todd, Wood—30. Nats—Messrs. Balser, Burke, Breckenridge, Brooks, Cook, Dejean, Danel, Egan, Ennis, Evans, Foley, Griffith, Harnan, Henratty, Hawkins, Laloire, Lewis, McCann, Miller W. D., Meeks, Michel, O'Conner, Poynot, Prescott, Rotge*, Riggs, Spellicy, Seymour, St. Martin, Smith, Senette, Van Tromp, Walsh, Woodward, Wheeler—35.

Mr. Foley moved to adopt the bill as amended. Carried by a rising vote of 34 yeas and 21 nays.

A bill entitled "An act to amend 5th section of an act to establish a Board of Harbor Masters for the port of New Orleans." Third and final^eading.

Mr. Creigh moved to reject. Lost by a rising vote of 17 yeas, 36 nays.

On motion of Mr. Foley, the bill was adopted with title by the following vote:

Yeas—Messrs. Bovee, Balser, Bangs, Breckenridge, Belden R*L., Cook, Chamberlain, Christie, Dejean, Danel, Ennis, Foley, Galligar, Griffith, Harnan, Henratty, Hawkins, Ingram, McCann, McGuire, Miller W. D., Meeks, Mace, O'Conner, Poynot, Riggs, Seymour, St. Martin, Senette, Tully, Walsh, Woodward—32.

Nays—Messrs. Brown, Bensel, IBpbee, Burke, Boudreaux, Bernard, Brooks, Creigh, Collins, Dufresne, Evans, Gannon, Howes, Haberlin, Hawthorne, Kavanagh, Kleas, Lewis, Miller R. M., Maas, Michel, Prescott, Rotgd, Schillang, Shaw, Todd, Van Tromp, Wood—28.

"An act concerning the masters and wardens of tbe port of New Orleans.'' Third and final reading, and passed with title.

"An act to establish a bounty fund for the benefit of the Louisiana State volunteers, and to organize a Board of Control for the receipt and distribution thereof." Third and final reading, adopted and passed with title by the following vote:

Yeas—Messrs. Bovee, Balser, Brown, Bensel, Badger, Burke, Boudreaux, Bernard, Bangs, Breckenridge, Belden R. L., Brooks, Cook, Creigh, Collins, Cbamberlain, Christie, Duane, Dejean, Dufresne, Danel, Ennis, Evans, Foley, Gannon, Griffith, Harnan, Howes, Haberlin, Henratty, Hawkins, Hawthorne, Ingram, Kavanagh, Kleas, Laster, Laloire, Lewis, McCann, Meeks, Maas, Michel, Mace, Marie, O'Conner, Rotge', Riggs, Schillang, Seymour, Shaw, Smith, Senette, Todd, Van Tromp, Walsh, Wood, Woodward—57.

Nays—Messrs. Prescott, Tully, Wheeler —3.

ORDER OF TOE DAY—UNFINISHED BUSINESS.

"An act to organize and establish free public schools in the State of Louisiana.7'

Hon. L. E* Laloire in the chair.

Mr. Burke moved to strike out "parish superintendents" in section 5th, lines 2, 3, 14 and 26.

On motion of Mr. Foley, the amendment was laid on the table.

Mr. Badger moved to amend section 5th, line 2—strike out "March term" and insert "at their first term in each year." Amendment adopted.

Mr. Seymour moved to adjourn. Carried.

The House then adjourned tilt Thursday, Dec. 15,1864, at 12 M.

Approved.

L. C. Westerfield,
Clerk.

Thursday. Dec. 15, 1864. The House met at 12 o'clock M., pursuant to an adjournment, Hon.S. Belden, speaker, in the chair.

The proceedings of the House were opened with prayer by the Rev. Mr. Chubbuck.

The roll being called, the following members answered to their names:

Messrs. Bovee, Baum, Balser, Buckley, Brown, Bensel, Badger, Burke, Boudreaux, Bernard, Breckenridge, Belden R. L., Brooks, Cook, Creigh, Collins, Chamberlain, Christie, Corley, Dufresne, Danel, Egan, Ennis, Evans, Foley, Gannon, Galligar, Griffith, Harnan, Howes, Haberlin, Henratty, Hawkins, Hawthorne, Ingram, Kavanagh, Kleas, Kamper, Lester, Laloire, Lewis, Miller W. D., Maas, Michel, Mace, Marie, 0'Conner,Poynot, Pearson, Prescott, Robinson, Rotge', Riggs, Spellicy, Schillang, Seymour, St. Martin, Shaw, Smith, Senette, Tully, Todd, Van Tromp, Walsh, Waters, Wood, Woodward—67.

The journal of Wednesday, the 14th inst., was adopted as read.

Leave of absence was granted to the Hon. R.M.Miller.

PETITIONS, MEMORIALS AND RESOLUTIONS.

The following petition was submitted: To ihe honorable members of ihe Senate and House of Bepresentatives of the State of Louisiana in Geneml Assembly convened:

The undersigned petitioner, in his capacity as president of the German Society of New Orleans, and in behalf thereof, respectfully represents:

That the said society is a charitable institution, duly incorporated, established for the purpose of advising and assisting German immigrants, and succoring those who are in distress or who seek employment.

That during the past seventeen years of its existenci, the said society, in t!^ discharge of? its duties, has been of much benefit to the State, and in particular to the city of New Orleans, as the records and yearly published statements duly show.

That in order to extend its charitable purposes still further, the said society has acquired by purchase a certain square of ground, bounded by Bienville, Customhouse, White and Duprd streets, in the Second District, with the intention of erecting upon it an asylum for the reception of indigent German convalescents, discharged from the Charity and other hospitals, and to provide for them until so far recovered as to be able to earn a living by their own hands. *

That the said square of ground is from year to year placed on the assessment rolls and subject to taxation.

That upon representation to the City Councils, Bureau of Finance, and lately to the governors of the State, the taxes have in every instance been kindly remitted, and considering that the society is a charitable institution for general purposes, and not for the mutual benefit of its members,

The petitioner, in behalf of the said German Society of New Orleans, now most respectfully appeals to the benevolence of your honorable bodies; praying for relief from the Slate and city taxes on the said square of ground and improvements that may in course of time be added thereto, to carry on the charitable object in view. Respectfully submitted,

Wm, De La Rue. President.

Lewis Schwarz, Secretary.

New Orleans, Dec. 13, 1864.

Mr. Foley moved to lay the petition on the table. Lost.

# Mr. Lewis moved to postpone the petition till action be taken on the tax bill. Lost.

Mr. Foley moved to lay the petition on the table, subject to call. Lost.

Mr. Michel moved to . refer the petition to the Committee on Public and Charitable Institutions. Carried.

Mr. Van Tromp presented the following memorial:

To the Hon. S. Belden, speaker of ihe House of Bepresentatives:

The undersigned would most respectfully inquire if members of the House are entitled to the franking privilege; and if so, that the chairman of the Auditing Committee be requested to explain why his committee refuses to audit the accounts of the postmaster of this House. I am, most respectfully,

J. F. Van Tromp.

The speaker stated that he would make inquiries relative to the subject.

Mr. Boudreaux presented the following petition:

Parish Of Terrebonne, \ Nov. 30,1864. j We, the undersigned, citizens of the Parish of Terrebonne, most respectfully make application to have that portion of said parish north of the New Orleans, Opelousas and Great Western Railrod annexed to the Parish of Lafourche. O. Daigle, P. Geadrez,

J. B. Boudreaux, C. Armitage,
L. Daigle, T. Malbran,

D. Dagoes, F. Malbran,

J. Guidrey, B. F. Tanner,

J. Hebert, A. Lapeyrouse,

H. Daigle, E. Lapeyrouse,

P. Laro, M. Malbran,

L. Lajeunne. F. L. Mead,

J. Hebert,' Martha L. Winder,

A. Boudreaux, A. Daigle,

M. Daigle.

The petition was received and referred to the Committee on Parochial Affairs.

REPORTS OP STANDING COMMITTEES.

Mr. Todd, chairman of the Committee on Internal Improvements^reportedfavorably on a bill entitled "Airact to incorporate the Bayou Lafourche and Mississippi Land Improvement Company," and recommended its immediate adoption.

Report received and adopted, and made special order of the. day for Tuesday, 20th iiist

NOTICES OF BILLS.

The following members gave notice of their intention to introduce bills:

Mr. Burke: "A bill for the relief of parties owing money or moneys due persons previous to the war—say from I860."

Mr. Chamberlain: "A bill relative to the adjournment of the General Assembly for the year 1864."

Mr. W. A. Riggs, on behalf of the Committee on the Judiciary, gave notice of his intention to introduce the following bills:

"Acts to repeal articles 104 and 114 of the Code of Practice.'7

"Acts to amend articles 46 and 47 of the Code of Practice.'7

Mr. Christie: "A bill making an appropriation to defray the expenses of the presidential electors.77

BILLS—FIRST READING.

An act to define the duties of state tax collectors. First reading, and adopted. Rules suspended, put on its second reading, and referred to Committee on "Ways and Means.

Mr. Boudreaux moved to suspend the rules in order to reconsider the vote on the bill entitled "An act to define the boundary between the parishes of Lafourche and Terrebonne."

A motion was made to table the motion to reconsider the vote on the bill. Lost, j by the following vote:

Yeas—Messrs. Bovee, Balser, Buckley, Badger, Burke, Boudreaux, Bernard, Breckenridge. Belden R. L., Cook, Collins, Chamberlain, Corley, Duane, Dufresne, Ennis, Gannon, Griffith, Harnan, Haberlin, Henratty, Hawkins, Hawthorne, Kavanagh, Kamper, Lewis, McGuire, Michel, Mace, O'Conner, Poynot, Robinson, Rotge', Riggs, Spellicy, Seymour, Smith, Senette, Tully, Todd, Van Tromp, Walsh, Woodward—43.

Nays—Messrs, Baum, Brown, Bensel, Bang?, Brook5*, Creigh, Dejean, Danel, Egan, Evans. Foley, Howes, Ingram, Kleas, Lester, Laloire, Meeks, Marie, Pearson, Prescott, Schillang, St. Martin, Shaw, Waters, Wood—25.

On motion of Mr. Boudreaux, the bill was adopted on this its first reading.

"An act for the relief of the State library." First reading and adopted.

Mr. Foley moved to suspend the rules in order to take up the bill entitled "An act to provide for the increase of the revenue of the State, and raise means to pay the interest on the State debt."

Declared out of order, as the bill should' be discussed in Committee of the Whole.

* An act relative to attorney general."

First reading, and withdrawn by the originator.

ORDER OF THE DAY—UNFINISHED BUSINESS.

"An act to organize and establish free public schools throughout the State."

Section 5 adopted as amended.

Sections 6, 7 and 8 adopted without amendments.

Mr. Chamberlain moved the further consideration of the bill be postponed until the members were furnished with a copy of the bill.

A motion was made to table, which was lost by a rising vote of 9 yeas and 30 nays, and the original motion adopted.

Mr. Harnaa moved to adjourn, which was lost by the following vote:

Yeas—Messrs. Buckley, Badger, Burke, Collins, Gannon, Harnan, Hawkins, Pearson. Shaw, Waters—10.

Nays—Messrs. Bovee, Baum, Brown, ! Bensel, Boudreaux, Bernard, Bangs, Breck| enridge, Belden R. L., Brooks, Chamberj lain, Cook, Creigh, Christie, Corley, Duane, Dejean, Dufresne, Danel, Egan, Evans, Foley, Griffith, Haberlin, Henratty, Hawthorne, Kleas, Kamper, Lester, Lewis, Miller W. D., Meeks, Maas, Michel, Mace, Marie, O'Conner, Poynot, Prescott, Rotgd, Riggs, St. Martin, Smith, Tully, Todd, Van Tromp, Walsh, Wood, Woodward—49.

"An act relative to sureties on individual bonds." Second reading, adopted, and ordered to be engrossed for its third reading.

Mr. Harnan moved to suspend the rules to put the bill on its third reading. Carried by a rising vote of 34 yeas and 4 nays, and bill put on its third and final reading and passed with title.

A Senate act relative to fees of the constablelbf the Sixth Justice's Court for the parish of Orleans. Second reading, and laid on the table.

"An act creating the office of register of conveyances for the parish of Orleans, on the right bank of the Mississippi river." Second reading.

Mr. Harnan amended as follows in section 2, by inserting the following: "With good and solvent security, as the law directs." Amendment adopted.

The bill was then adopted as amended and ordered to be engrossed for third reading.

Mr. Dufresne moved to adjourn. Carried by a rising vote of 35 yeas and 16 nays.

The House then adjourned till Friday, Dec. 16, 1864, at 12 M.

Approved.

L. C. Westerfteld,

Clerk.

Friday. December 16,1864. The House met at 12 o'clock M., pursuant to an adjournment, Hon. S. Belden, speaker, in the chair.