New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-09-28
OFFICIAL.
DEBATES OF THE STATE CONVENTION
OF LOUISIANA, ss .5ss. = -
THURSDAY, July l5,

Mr. KING, of St. Landry, having on the pre-
yious day voted with the majority on the eadop-
tion Of article 107, moved for reconsideration.
The article is as follows:
"Article lot. Prosecutions shall be by indict-
ment or information. The accused shall have a
speedy public trial by an impartial jury of the
ylclnage; he shall not be compelled to give evil
dence against himself; he shall have the right
of being heard by himself or counsel; he shall
have the right, unless he shall have fed from
justice, Of meeting the witnesses face to face,
and shall have compulsory process for obtaining
witnesses in his favor
MIR. KING said: Mr.. President--When the
motion was made yesterday by the delegate from
Jefferson (Mr. Cotton) to strike out the words
unless he shall have fled from Justice voted
with the majority to lay the motion upon the
table. Since the adjournment, yesterday, the
injustice OF that clause has been presented to
me in so strong light by members of the Con
Jventlon whose opinions are entitled to great
weight, that / move reconsideration of the vote
that the Convention may have the benefit of fur
ther discussion of this important point for an
accused party. If the delegate from Orleans
(A1r. Hunt will give the Convention his views
on the retention Of this clause in the article, |
am confident that it will aid delegates in voting
on 1T with u more thorough understanding of its
Importance and true effect. confess that nv
own opinion expressed by my vote on yesterday
has been shaken by the comments on the rights
of an accused party to which Ihave since list
ened.
The reconsideration was granted
Mr. HUNT--I could have wished that some
other member Of the Convention had underta-
ken the task which the gentleman from St. Lam
dry has. assigned to me, as do not feel well
enough to engage in discussion this morning
But will briefly state why am in favor Of
striking out the words g unless he shall have
fled from Justice
observe that this provision in the Constitu-
tion OF the State Of Louisiana is found in no
other State Constitution in this country. The
old Constitution of this State-the Constitution
of lSl2-provided that the accused should have
the right of meeting witnesses face to face, but
the Constitution of 1S45 abridged this right by
the clause 'unless he shall have fled from jlis-
tice." Now, there has been much doubt as to
the exercise of this curtailment of the rights Of
an accused party. 1t has been recently decided
by Judge Larue, that man may be tried with
out being present to meet his witnesses face to
face do think the decision of Judge Larue
correct, but 1 think that the clause in the Con-
stitution on which it is founded ought to be
stricken out of that instrument. think that
the clause unless he shall have fed from JUS
tce." conveys no other idea than that an az
cused party who may have fled temporarily,
from any cause whatever, has forfeited all the
essential guarantees of the law in his favor, and
that, in such case, there will no longer be
necessity of meeting witnesses face to face, but
that it will be sufficient if the testimony be
.aheA ny commission What would be the OBJ
Jeet Of taking testimony by commission in cases
OF CRIME 10 prevent persons who have been
accused OF CRIME, and have fed from justice,
from coming back ana setting the laws at def
ance after the witnesses of their guilt may have
died or removed, so that they cannot be found
That testimony, submit ought not to exclude
the accused party from the right at any time,
TO meet the witnesses face to lace, The Conven-
tlon Will see that the proposition amounts SIM
ply 10 thls-Whether er parte testimony may
De taken as su1nelent to convict person Of n
principal crime. The question now is, whether
We Snail ADOPT tins proposition as portion OF
the criminal Jurisprudence of the State Of Lou
lslana. | am against the principle | put il to
gentlemen to say whether the testimony Of wit
nesses eG paftes and without the light thrown up
on all eVidenceb by cross questioning, is such as an
Amerieanju jury will deem Sufficient. Aningenious
lawyer, unopposed and uncontrolled, can prove
almost anything, We are accustomed to hear
the boasts OF the superior skill of some lawyers
IN drawing forth evidence by means Of sharp
questioning, We acknowledge the justice Of
these ooasts-lye know that by active and earn
est cross questioning, shrewd and cunning man
can frequently reduce evidence to a shape pre-
clsely lifting the case which it is his interest to
make out; that he can, to use the language OF
an old lawyer, beat lie into the form of truth
The penalty IS established against an accused
party by tins clause, ' unless he shall have fled
from justices, on the suppositlon that every one
who shall have He'd from justice must be guilty
1t IS true that this supposition is correct one
IN many cases, but how often have we known
Innocent men to tiee when crime has been COM
mltted Let us suppose the case OF an indiyid-
ual unexpectedly observing wounded man lay
ing on the waysde. and that, prompted by feel
!ngs OF humanity, he instantly employs himself
in binding up his wounds; that while engaged
the law advancing upon him in their search for
the wounded man. and that under the fear that
he may DC suspected OF having participated in
the inhlction OF the wounds, he suddenly deter
mines TO run away IS seen IN the act OF running
anu pursued, but not taken. Is there any proof
Wy ~ .ie .,1 s Miio mas tnus
a ~ 'lie posi'Vl Vi 1ne "Io shall
MI III Gla os@ee ~ a. ine m .ahG !.
10 'laa eI. ..ie a iIle ina.
~ x,,onaJ " ~ '.S ie'.' le mus
s',,onlipp Sp''' ~ ' s"ii'S' % Oil 'il'n0'oS as
az ,,o,,,l ,.,;,., .,,4 t....,,
I'll "ouia a., 90, IN nv o.,v .ii4s olause Unless he
slari nafo ., heu iion Jus'lce' Oh the broader
srouno enat no man ought 10 DC condemned on
.esulnohY tahen Wheh ne IS not present 10 deny
i'i tile 70 meet .he witnesses lace 10 lace
~ contrary 20 the RUE ana pfactlce OF both tins
country anu hhsiana; II person be guilty oi
an oiehce' aii" slall nave ned the chances are
hlhety-nhe IN hunarea tliat the witnesses may
pe i9una When lie returns. IN any event, 1t Is
much tne sa1ef rule to reserve to the accused