New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-09-23


time to the cause of the government, and
perhaps belong to the same party that the
gentlemen who are contesting this seat be-
long to.
II the Senate will act upon the decision
OF these distinguished functionaries, they
must certainly decide that Mr.. White must
retain his seat
Dir. 0'Hara: would like to ask the gen
tleman il 5lecting or assisting to elect one
OF the chief branches of the government is
not assisting it and giving aid and com
fort.
Mr.. Blackman: ask you if you can show
That Dir. Whites vote was cast for Mr.. Ben
lamin or Mr.. Semmes. If Mr.. White cast
his vote for the Hon. I. ]. Semmes, and he
mad been elected to the Congress of the
Confederate States that would not, under
the highest law, and under the decision Of
the Supreme Court ofthe United States and
other courts of justice, be giving that aid
and comfort to the enemies of the United
states which is necessary to constitute in
eligibility.
Mr.. o. ara: Legislatures generally vote
men ana money to the support of the gov
eminent.
Mr.; Blackmau: Can you show that he ever
voted an appropriation of q single dollar to
carry on the rebellion? Can you show that
he did any other act either in his private in.
dlvldnal capacity or in his public capacity
as Representative of the parish of Caddo,
TO aid the government of the Confederate
States?
Now, gentlemen, make your decision. It
Will stand not only for to-day, but | believe
IT will cast a reflection upon this Senate for
all tine to come. Loave it to the Supreme
Conr. appointed by our Governor, or to any
judicial tribunal, and | dare say that there
is not judge, whatever may be his ca,
pacity, high or low. that would not decide
that the contestant in this case has shown
no fair legal reason why the honorable Sen
ator should be declared ineligible to seat
in this body.
Mr.. Lewis: Mr.. President, this is rather
an ambiguous matter; the gentleman has
not denied that he WAS member of the
Legislature of 1861. The Senator from Or.
leans Mr. CampbelD plainly asked the ques-
ton OF Mr.. White, and if he had not been
member he would have certainly announced
it in the negative. There is his answer. If
Mr.. White was not a member of that Legis-
lature OF 1850, there certainly would have
been no hesitancy upon his part in answer
ing the question. AS he could not answer
That question in the negative without an
swering falsehood, he preferred simply to
resort to suhterf &c and say he was not a
member in 1850, aud avoided the question
in that way. 1t is plain presumption, sir,
that the Mr.. White mentioned in '6l and in
ls60 is the same person. But unfortunate.
~ for Mr.. White, he has made the admis-
sion to member Of this Senate.
Mr.. Blackman: Will the Senator remem-
Der the fact that he is here as Senator
and not as prosecutor. There can
be no evidence brought in which does
NOS appear in this report. If he does so,
shall be compelled to bring forward the
evidence that the President of the United
States has given Mr. White full pardon for
all past political otfenses. / ask the Presi-
dent to call the gentleman to order.
The President: l do not understand him
as Introducing any evidence. He simply
mentioned the fact that Mr.. White made
the admission to Senator.
Mr.. Blackmaa: Such statements should
not be made in argument.
Mr. Lewis: Mr.. President, it is perfectly
unnecessary to make an elaborate argument
in this case. 1t is the natural, aud. | take
1t, the conclusive presumption that it is one
aud the same man. That being the case,
u was necessary for Mr.. White, in order to
mold his seat in that Legislature, to abiure
his allegiance to the United States. He was
sworn to support government which was
IN open and notorious rebellion to the
United States.
Mr.. Blackman: Where is the oath, Mr..
Lewis
Mr.. Lewis: Everybody knows that the
oath must have been taken. He did take
this oath, or he would not have been in the
Confederate Legislature. Now, sir, if |
procure man to murder another ! am as
guilty as the man employ to do it. | am
guilty of murder. 1t has been proven in
this case that Mr. White did procure a man
to 90 into the Confederate army-Mr.
Hincle. This is the evidence ~ know
Mr.. Hincle. Mr.. Hincle is a man of n
family who had mother and brother at
flaaf ina f,ffl !, 4
twelve or fourteenth Years old. | could MT
say whether Mrs. Hincle was dependent
Tor her livelihood upon her son or moi.
Have heard Mr.. II ncle say that be was
The main stay Of the family. Mr.. HincIe
did go to the war. | was standing about
three feet from Mr.. White when he told Mla
Hlncle he would support his family if he,
would go to the war" This is the evidence of
Mr. Sweet before the committee. Mr.. White
hired and procured this Mr.. Hiucle to 20
INTO the rebel army. Now, sir, hold that
that was the same thing as if MIR. White
had voluntarily gone there himself because
L he had business more profitable to him
and stayed at home to attend to it he could
10 nothing more than procure a substitute.
And so he comes forward and says to Mr..
Hinckle, You go into the army, aud will
support your family and Mr.. Hincle went
accordingly. Now, sir, | happened to be
-
broke out, and it was very common oc-
'urrence for these met who procured sub
titutes from among the poor men BY max
ng fair promises of this kind, to take adyan-
age of them after they were gone, and
heating them out of everything they had,
don't charge Mr.. White with doing this.
ut say that a great many did do
I. l believe. sir, from this report,
rom the evidence in this case, that
Mr.. White is eligible, JEFF Davis him.
ell IS eligible. That is my conscientious
opinion. notwithstanding the buncomb |
Peeehes which have been made, and the |
tatement that posterity will look pack |
V1th scorn upon the action of this Senate. if |
hey declare the same opinion, and I will |
ow move the previous question.
Mr.. White: Dir. President, desire simply
. say, to show how much Mr.. Sweet knew
bout that family, that instead of having
ut, one brother, and he a boy of only
Welve years of age, this Mr.. Hincle had two
rothers who were near grown. There
'ere three grown sbns / say this simply
show how much the witness knew Of
hat he was. talking about. There were
nree grown sons in that farnily-Jake,
'ooert aud Thomas. Mr.. Jacob Hincle was
etalled upon a steamboat at the time.
mr.. Braughn: Mr.. President, do not de.
re 70 say anything upon the subject, sir,
men mas been so long discussed, because
believe that every Senator in the house
az q, iuliy made up his mind as to how he
There are now two questions before the
enate, one to adopt the msjority report of
le Committee on Elections, aald the other
he motion of Mr.. Blackman TO divide the
Inject, believe, sir the subject should
divided, because 1t contains two differ,
1t matters or questions. Some OF the |
may be under the Impression thai
snator White is not eligible, and the same
majors may at abe same time believe that
has no just preteDsions, and that the \
ection ought to go back to the people to