New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1856-01-29

Y - ,
Our readers are well aware of the action Of the
State senate of Louisiana, ousting Messrs Burke,
Michel ana Burthe from seats which they held under
atine and lawful return, and ofitheE admission Of
Mesals Hyams, ST. Paul and Withels to seats in the
Senate II their places; but they are not probably,
advised Of the history of these extraordinary proce
dures We shall efdeavor to give q clear and sue
cinct account of the transaction, accompanied by
such comments as we deem befitting, and leave the
public to make up its own conclusion.
On the first or second day Of the session, the claims
Of the contestants Messrs. Hyanls, ST. Paul and
Witherswere brought before the Senate, and the
whole matter was referred to Special Committee to
examine and report upon-a majority Of the Com
mittee being decidedly adverse to the pretensons OF
the duly returned and regularly sitting Senators Inc
majority of that Committee -as was expected
brought in report favorable to the contestants and
that report was finally adopted, Notwithstanding the
evidence before the Senate and the Committee was en-
tirely ezparte and iii utter disregard Of the earnest
annlication Of the contestees and the minority that
they be allowed to bring in rebutting testimony The
nriyeee always accorded tile vilest criminal to pro-
nre evidence ii his own behalf and to justify him
self il possible was refused to three high toned hon
orabe gentlemen the majority Of our State Senate
n lie testimony Of their enemies were they examined
III the testimony Of their enemies were their claims
reported upon and on such WIN hlliilesl
II Judges, were their cases decided.
| They were allowed no chance, whatever 'Ihey
wanted to prove they had right to their seats ihs
,as denied them They were willing and anxious to
% before their and try the issue of an
other election This was denied them. They asked
nothing which was not right, and proposed nothing
which was not fair, yet no heed was paid either to
their reduests Or their propositions. The majority
would not allow them to bring in testimony in their
own behalf and the majority would not allow them to
% before the people. Had the contestees been on
trial before Spanish Inquiston, smaller oppor-
tunity for defence could not have been youclsafed
Them. f
speakingo Of the majority and minority reports, the
Baton Rouge Gazette Of Saturday says !:
The 0naorit) report very younous taking half hour
more IL the reading 70 nothing about the huge pile Of
his report the effect that the contesees did not
majority Of hs yote and were consequently not
e SONG four hundred The inea
minority report was bef and to ts point II stated that
i hs Ct
bsg 3 d s
ana h s hoqs nv Whsh that
atethat they had asked not only right put of
courtesy from the majority the privilege of new hours
nation at least of their report and testimony which request
refused said not from motives Of dcouresy
for political reasons,
The foregoing sustains everything we have said,
and we submit it without comment. It needs none
it5speaks for itself
The Gazette then draws the following strong par
allel:
the trial Of contested election cases the Legislature v
ally resolves itself into Court governed by the principles
of law and equity that govern Courts of Justice our
Courts of Justice whether civil criminal every emit
tied full fair and impartial hearing without regard to his
innocence guilt Now let suppose for instance,
man arraigned before Of criminal courts charge
Of having committed crime Counsel is assigned him. the in
counsel asks for Of subpoena compel the attendance
of Witnesses establish his innocence The refuses to
the request and orders the jury to be empanneled two
thirds Of whom before hand their belief IN the guilt
Of the prisoner The is submitted to them the
the State, alone without hearing any other argument
than that Of the prosecuting attorney What would thought
Of the Justice Of such And they would be
more infamous, in violation Of all principles Of law
right. he by