The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-12-02
THE COURTS.


Mr.. Taylor continued his argument Tor tne re-
spondent, in the course Of which he euloglzed tne
business character, commercial enterprise, anu
laudable intentions Of Mr. Morgan, which Is here
tofore exhibited were for the best commercial IN
terests of New Orleans that he was Interested
in having the railroad completed to sabine, De.
cause it would open new resources IN the state OF
Texas and could not destroy the trade Of his line
Of steamers that Jas. 7. Tucker with his claim
Of Q few hundred dollars, was the only creditor OF
the road who countensnced these proceedings.
Mr. Taylor was abont to read Q letter, "signed by
nearly every bondholder, and which he was re-
quested to present 10 the court for the purpose
OF showing the real position OF this court" wnen
counsel for plaintiff objected to the reading oil the
letter. Objection sustained. In the concluding
part of his argument, which was lengthy one,
Mr.. Taylor said:
/ will only say, before conclude. that to my
mind II is perfectly certain that in any event, at
no distant day. through the action OF the company
or through that Of the bond-holders, change viii
De Effected In the position of the property OF this
comr any, of such q character that the great work
10 which the city of New Orleans and the State OF
Louisiana have peculiar INTEREST," will be entered
upon and prosecuted with success and desire to
state TO the court my own conviction that Charles
Morgan has greater interest than any single In
dividua in effecting that change in entering upon
and carrying out that enterprise. The common
idea has been-at least it has been SO stated upon
the streets and in some tof the papers-that Mr..
Morgan would be opposedlto anything OF that sort,
because il Won diminish the business of his
steamers with Texas. Nothing is more fallacious.
Mr.. Morgan is q business man. He understands
the position of things. When that railroad is COM
pleed what will be the result? where will It run!
The route will be upon the highlands which divide
the waters running into the Gulf OF Mexico from
those running into the Red River. The tract oil
that railroad will be- after il leaves Louisiana. two
or three hundred miles from the coast, and the ef-
feet of its completion will be that it fills new
country with population. that 1t favors the exten.
sion of settlements, that it will promote the open
al Of MIA
that it will aid in the growth of cotton,
wheat, corn and cattle that 1t vii
be an avenue through which population will dow
into the State of Texas, and that population VIII
spread on either SIDE Its effect Will be TO create
business for itself, which shall be great but its
secondary effect will be to increase the business
Of the steamers which are now owned by Charles
Morgan and which are engaged IN the Texas
trade. portion of the products raised by new
,,a,nen, of The Cost ..ii also be promoted and its
property Increased; the completed railroad would
furnish highway for a great trade the trade
which naturally flows to the ports of the coast
would also be augmented, and the freights OF
Mr.. Morgan's steamers would not only be assured,
but in all human probability he would be required
10 put others upon the line In order to carry the
freight. Mr.. Morgan has direct interest In the
completion of that enterprise, because II 1t is not
completed, and at an early day. other roads will
be completed: the one to which your honor's at
tention was called by Judge Robertson will be
entered upon and If completed have the effect OF
diverting from New Orleans and carrying else
where large portion of the trade that now Gen.
tiers in this city.
Mr.. Taylor was followed by Mr.. Grant, for
plaintiff
had intended, may II please the court on last
Saturday, TO finish the few remarks which 1t was
my part to make in this case. But since the
argument has been commenced on behalf
Of respondent, some few remarks and insinua-
lions, touching the character and the aims and
objects of the gentleman whom represent In
this suit, have been made in this court. deem II
no more than the duty which owe to my client
to unmask the fallacy of these assertions. While
had not intended to touch upon the legal aspect
of this case IN the few remarks which shall
make, shall premise them with reference to the
| point at law, upon which my worthy friend Mr..
Taylor based those differences upon which his as
| sertons were made. II seems that he has taken
| as true that in the preliminary proceedings of
| ere ditor against debtor, il was necessary under
form q and p that the complainant should swear
that he had not purchased the coupons aud the
claim for the purpose Of institutng any proceed
| ipgs whatever in q court Of bankruptcy, and do
the gentleman justice to say that believe 1t was
solely because of this error that he has permitted
himself to impugn the motives and objects OF Mr.
4 Tucker.
The Supreme Court, in its wisdom, has seen ft
to prescribe what affidavit should be taken by
complainant In proceeding against the debtor, and
these forms were strictly complied with in this case
and nowhere, either in the text of the law or the
rule of the Supreme Court, do we find that 1t 10
necessary for the party appearing before this
court to force q debtor into bankruptcy that he
should swear anything except that he, at the
time of the institution Of that suit was the cred
tor, and that he was creditor for proper
amount All the other sffidavits contained 10 the
clause, and which require the debtor to swear
that he has procured these claims not for the pur
| nose of institutng proceedings In bankruptcy
but that they came to him in the usual course Of
trade. The affirmation which is necessary &c
| prove the claim against the defendant-itis upon
that point in law that the gentleman has based al
his arguments. Admiring, as do, the learning
and the pre- eminent abilities OF my worthy friend
Mr.. Taylor, / was considerably astonished wheI
listen ming to his earnest and apparently ingenious
argument on behalf of the railroad company: Had
| / been a stranger at the time, and dropped int
| this court should certainly have said that the
voice of Mr.. Taylor had been raised with peculia
eloquence and earnestness on behalf of de
PENDANT: but knowing the position which b
occupied, knowing that he comes here under tn
direction and the inspiration of Mr.. Morgan,
understood for whom he was speaking under
stood the motive for all his eloquence. IL was no
| plea for the poor lamb; IL was a plea for tn
wolf that had its fangs in the throat of its prey
| and under these circumstances the motive whic
has inspired the gentleman Is apparent; an
coming into this court with that motive, whic
motive is expressed upon the record which appear
in this case, say that was surprised that tn
gentlemen could find il in his conscience to max
any remark ABOUT tne Ddu ldltu Vi MI. luchci
Pleading as he Is for one whose objects are Sc
fsh, think il was not within the province of hi
position to assa the character OF the gentlema
whom we represent. His plea, when uumasket
. is simply that this court should surrender all tn
assets OF this great corporation into the hands {
Mr. Morgan; and he has raised his voice and az
pesled to the mercy of your honor, and asked 20
10 dismiss from this court the defendant, simpl
and solely upon the ground that when the defent
! ant stepped out of the court room the officers {
the law whom be had employed fastened the
; hands upon him. That is the position which Ii
gentleman occupies-nota as friend of the road
not as friend of the creditors-not as the frien
of the people Of New 0rlesns-not as an advocai
| partisan OF one man, who mas his nands upon q
/. | the arteries Of trade around this city; Il
> partisan of the man who, while he pretend
-. ! to be the friend Of the defendant, hs
= exacied tbree-quarters Of the earnings of thI
: line Of transfers between here and the city
Galveston. One quarter, one miserable little pi
lance is dealt out by this friend Of the nndertal
. ing of carrying passengers and freight. The gel
tleman says it is Mr.. Morgan's interest that Ii
d. road should be extended. have No doubt bI
the assertion and the suggestion Of the gent
man is entitled TO peculiar and great weight !;
!. certainly should be willing to take his advice
any mstter-wlere his interests did not outweie
his car dor but in this case 1t is as IL the gentl
a. -. L. a. - -le