The south-western. [volume] (Shreveport, La.) 1852-1870, 1865-09-13
The Rnrean. VS.. The Court.

muating rumors, it was evident that somebody had
been arrested.
BY the arrival OF some of the bar learned that
less personages than his honor, judge James l. Weem
and Mr. Alden the sheriff Of Bossier had been arrested
By the provost marshal Of freedmen, for infringing
upon prerogatves set forth in section circular
We were further informed that the bar which wa
fully represented ndgnantat at the arrest of The
court and Immediately held meeting to express the
feelings. The following are the resolutions adopted
on the occasion:
WHEREAS, At term Of The district court Of the 10th
judicial district Of the State of louisiana begun and
holden on the 4th day Of September, A. d., 1865, a
the town Of Bellevue, in the parish of Bossier the
grand jury of the parish aforesaid found and presented
to the court bill of Indictment, il due form of law
against John, free man of color for the crime o.
larceny, to-wit horse-steaug-an the said John hay
ing been brought into the court for arTaignment or
the 18th day OF September and the court having first
appointed counsel learned in the law to assist the sale
John in making his defence; and whereas the said
John having been arraigned and after consultation
with his counsel pleaded mot guilty and elected to
be tried by jury; and whereas after the trial of the
said John, in accordance with all the forms of law
guaranteed by the laws of this State in cases of free
white persons as well as free coorcd persons and the
said John having been found guilty of larceny to-wi
horse-sealinG, by the verdict Of good and legal men
duly empaneiled to try the said John-and after the
said verdict was duly returned into the court and tic
judge having first asked the prisoner John whether be
had anything to say in his defence and he, the said
John, having nothing to say-the judge proceeded tC
sentence him to be sent to the penitenary OF Louisiana
there to be confined at hard labor for one year. as
punishment for the crime of larceny, towit: horse
stealing-of which he had been convicted in accord
ance with the law in such cases. made and provided in
the trial Of the crime of larceny
An whereas, on the Sth day of said month of Sept,
when the honorable James !. Wccms, Judge of the
district court Of the 10th judicial district was about to
have the court opened for the transaction of business
his honor and the sheriff Of said parish arrested
by order Of Capt Chas. Berry. provost marshal OF
ieedmens bureau for the parish Of Bosser and where
as, his honor, the said James l. Weens is pris-
oner under bond for his appearance on the 9th inst
for having tried the said J0hn-and whereas sec
tion VII of circular No 8 issued from the 'bureau OF
refugees, freedmen and abandoned lands dated May
30th 1862 approved by president johnson on the ID
July 1888 has no application the State Of louisiana
!. Because there is no interruption Of civil law ia
said State.
3 Because the local courts have no old or new codes
or laws in force which make legal distinction between
the free white and the free coored man. either in
the trial Of evil criminal causes or in the reception
Of testimony.
And whereas, the said honorable James l. Wcems
charged the grand jury and notified the officers of the
court, and the members of the bar that by the cons
tuition and laws of Louisiana persons heretofore held
to servtude as slaves free and amenable to pun
ishment for crimes as if white persons and were com
petent witnesses in all causes as if free white persons
and whereas the said Capt. Berry has announced to
the Hon. James l. Weems his intention to arrest all
the petit jurors who empanneed to try the said
John, and found him guilty Of the crime Of lar
ceny, to-wit horsc-steailing. Therefore be it
Resolved, That the Hon. James l. Weems has not
IL.
teeiDg freedom to the coored persons of this State or
any act in the trial. conviction and sentence of the
said man john which made a distinction between him
and a free white person.
q That the arrest of his honor, james l. Weems,
was uIiwarranted by law lawful military orders; an
unProyoked and unjrstfable attack upon the dignity
of the Judiciary Of the State and is subyersive Of the
civil authority Of The same.
BE it further resolved, That as the Hon James J.
Weems is now a prisoner, and the business Of this
court interrupted by the illegal arrest aforesaid and
as there is security against further arbitrary acts
hat his own dignity and proper respect for the po
'ton lie holds requires he should adjourn the court
sine die, after signing the minutes aud judgments
llready rendered
Resolved That a copy Of these proceedings be re-
pectfuy forwarded 10 the governor CT Louisiana the
general Of the department and to the
president Of the United States.
Geo. Williamson, chairman T. T. Land, r. W.
Turner, Thos. NJ. Fort, l.. B. Watkins committee
His honor, the judge was brought to this place on
sunday under guard. On Monday the case was inves.
gated BY chaplain Callahan, the assistant commits
Toner Of the freedmcns bureau for this district The
GLOWING is the commissioners decision:
FsEEDNEx's BUREAU,
Shreveport, La, Sept. IL, 1865
Z. S. rs. JAMES L WEENs
The defendant appeared in court Information BY
apt. G. r. Berry, provost marshal Of Bosscr parish
ouisiana.
Czaye-y Violation Of paragraph Z, Of circular No. .
ated Washington, May 30th, 1865; issued by general
. Q. Howard, aud approved by the president of the /
-nited States
Specifcatioll-In this, that James I. Weems, act
lg judge Of the tenth judicial district of Louisiana
id on the 18th day Of Sept, 1865 at the town of /
ellevue in the parish Of Bossier, Louisiana arr.gn
nd try John Gaines freedman, for the crime Of
orsestealing; jurisdiction in said case rghtfullv be-
nged to the bureau Of freedmen refugees and abau-
oned lands.
To this charge the defendant plead "not guilty.
nd expressed himself ready for trial
He aycrred that he was not liable to the charge of
lisrcgarding the negros right to Justice before the
law, in not allowing him to give testimony and sup
9rted his averment by quotation from his charge to
e grand jury, both at Shreveport and Bellevue, as
llows:
The war which has just terminated, and the consti-
1910, - Ul9 'L%.t3 inaue ~ anticipation OF that
vent, have made Of the.once negro-slave, free man
lie is now amenable to the same tribunals and pun
lshable in the manner for his crimes as the white
nan.
Hence the boundaries Of your duties will be greatly
nIarged Instead of combining your investigations
S heretofore to crimes and offences committed by
White persons exclusively, and very small number
free persons Of color; you will now extend them so
as to embrace those committed by the whole black
opulatlon. The laws of the State of Louisiana hav
% always made the free man of color a competent
illness in their tribunals, in any litigation for or
sainst white man. he Che late negro save} being
ow free, as matter Of course competent witness
qualy with the white man, in all litigatons spring
g up before you. This we say Of his competence !
GU are the judges of the degree of credit to which
lis and all other evidence is entitled"
Regarded as support for the plea entered this QUO
ion is not availnble for the following reasons:
l. 1t begs the question ndispute; roundy asserting