New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-09-11

l AAS AOiNi0hS are UNANIMOUS III
recommending this bill.
Mr.. Bacon: Mr.. President, it has been my
misfortune, sir, to practice law under stat.
| ute precisely like the one proposed by the
| gentleman, in two different States-the State
| OF Mississippi and the State of Texas. The
Senator from Claiborne, on my right, is
| proposing TO add another section, which
| prevails in this city now-to give the
defendant the closing argument in the case.
That system was invented and tried IN
| MtsslSslpptEfur a time, and it has prevailed
in Texas during all the time that the Civil
Code and the Code of Practice was the revol.
yer and the bowie knife. 1t is intended,
sir, TO enable menlto get rid of justiee-to
| prevent conviction in any case if man has
means enough to employ lawyers to worry
! down jury and court, and finally get the
last word, and thus, whether by bullying or
| money, to procure a verdict of acquittal.
| For one, sir, having seen the practical op-
| GRAFTON OF this system of favoring the Grim
inal, and of having laws upon the statute
| book merely as scarecroWs, without any in
| tention of providing for the conviction of
men for crime, am opposed to them. lam
| opposed to any such advantages being given
| to criminals, and opposed to any such induce
ments being offered to crime. Our difficulties
| are not because we have not laws enough, but
| because the laws are not executed. And
| they are not executed because we give
| give no chance to the officers of the law to
| bling them to justice.
Now, sir, as one who sincerely desires to
| see order restored to the State, | am in favor
of taking away the advantages in favor of
crime. want to see every man allowed
| what the law gives him, whether it tends
| to his conviction or aCquittal, There is no
good reason why he who sits upon the
| bench, holding the scales of justice in his
| hands, should not at least pronounce the
| law to these jurors, ignorant and unin-
| structed upon the law, as they often are,
| whether they be merchants, or laborers, or
| planters, or whatever they may be.
The Judge sitting on the bench, holding
| the scales Of justice, and having no preiu.
dice either for or against one party or the
other, is certainly most competent to de-
| clare the law to the jury. These jurors
| have no right to decide what the law is;
they have no knowledge upon the subject.
They are without any. knowledge as to the
| law, and there sits before them a man, sir,
as you do here in this body, who has no in
| terest with one or the other, and who has
made the law his study for at least ten
| years, and from that perhaps to fifty, whose
! place it is to eXpound the law to that jury,
| and give them the true and legal
| effect of the facts, if facts be proved
And, sir, think that those who profess here
! that they desire lawlessness to be done away
| with are doing their best to promote law.
| lessness and increase crime by giving ad-
ditional opportunities and facilities to
criminals to escape its Just penalties. | can
not declare with one breath that am anxi.
| Gus to put down crime and in the Lext so
! act that criminals shall always escape its eff
| fects and penalties. In those States in
which violence has gone unpunished the
most extensively, just shch provisions pre-
| vail: and in those States where violence has
been prevented by strict execution of the
| law and adherence to all the past usuages of
| the law, violence and crime have been di-
minished and prevented. And, sir, I am
| sorry to see any proposition urged here that
| I believe will further cucumber the eXecu-
| ton of law and encourage the commission oi
| crime. In their deliberations 1T is often
necessary for juries to pass upon intricate
| laws~upon the strict execution of which de-
pends the peace and order of the commu.
! nifty. They can not be expected to do this
| correctly and safely with instruction from
the learned and impartial judge who pre-.
sides over them.
Mr.. Blackman: Mr.. President, I offer the
following additional section to the bill,
''That the defendant in all criminal trials
be, and he is hereby entitled to the closing
argument in the case
/ cannot agree with the gentleman from
Orleans in his argument. The jury in
many criminal cases are not only by law
the Judges of the evidence, but also of the
law. This bill only proposes to take away
the right of the Judge who presides over
instructions to the Jury after the attorneys
upon both sides have read the law and
rehearsed the evidence. In other words, if
takes away his right to explain the law or
tell them what his opinion is of the law.
Now, sir, | have not been long in the
practice of the law, but it is my humble
opinion that if you give the right to the
Judge to explain the law to the Jury, you
almost give him the power to convict or
acquit. Anmosities which exist in the
bosom of men, and which We all know hu,
man nature is incapable of entirely throw
ing off, sway the Judge in giving his charge
to the Jury upon Questions OF law. Now
sir, the object of this bill is to prevent any
undue influence being exercised by the
Judge over the minds of the Jury, by leav.
ing it entirely to the Jury to decide the law
aud the evidence. Ii the prisoner be guilty
the Jury can decide and make up their yer.
dict lust as well without assistance from
the judge as with it. Therefore, Mr.. Presi
dent, think this is a good bill; and NOR
especially, sir, do believe the additiona
section ought to be added to the bill TO Civ
the criminal, when he is charged with
high crime, the last argument upon tn
case, because it Is within the province o
a District Attorney to influence and preiu
dice to great extent the minds of the iur1
against the prisoner, when he knows thu
prisoner has no reply. He may go outside
of his legitimate argument; he may go out
side of the law and the evidence and appea
J directly TO the passions and preiudices oi
the community in which the case is tried
and by this means he may secure the con
vietion of u man who should be cleared
both by the law and the evidence. There.
fore, think it is nothing more than Wha
is dictated by common humanity to give {
man who may be on trial for life the last
argument in the case, and with that addi-
tional section shall support the bill.
Mr.. Bacon: will tell you that that amend.
ment was originated by Senator Foot, OF
Mississippi, to carry murderer out of jus,
justice, lust thirty years ago. (Laughter.)
Mr.. Foute: Mr.. President don't see any
necessity for an amendment to this bill, or
for the bill itself 1t will change very ma
terialiy certain very well defined landmarks
in the administration of Justice. Now, sir,
as to the amendment offered by the Senator
from Claiborne, know that it is adopted in
the adjoining State of Mississippi, my own
old State, and believe it has worked very
well. But that part of the bill which pre-
vents the judge from charging the Jury upon
! the law, will greatly obstruct the admfnis-
| tration of justice on the part of the State.
and protect criminals also. To prevent
the Judge from explaining the law
to the jury, however enlightened or
| ign the jury may be, takes away
/ the powers which every constitutional law
that know Of confers upon him in any and
| every country. | know OF no independent
! judge who would obey such law, and GER
! tainlY If was on the bench would not do
| it. The Judge knows the law and it is his
! province 70 instruct the jury In regard to it.
| II 1t Is desirable or proper that this law
/ should be past we had better take the Judge
| of the bench and abolish his Office entirely
/ for in Dassine this law Won disarnl him and