New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-06
PROCEEDINGS OF THE SENATE
WHEN SITTING As A C0UET
OF IMPEACHMENT.
FRIDAY, February Is. 1870.

FRIDAY, February Is, 1870.
At the hour of one O'Clock P. NJ, Chief
Justice Ludeling entered the Senate cham
berand took the chair.
The roll being called, by direction of the
Chief Justice, the following Senators
answered to their names:
Anderson, Antoine, Bacon, Beares,
Blackman, Braughn, Campbell, Coupland,
Darrall, Day, Egan, Foute, Futch, jerks,
Jewell Kelso, Lewis, Lynch, Monette.
Offutt, Ogden, O'Hara, Packard, Pinch
back. Poindexter, Pollard, Ray, Smith
Thompson, Todd, Whitney, Wilcox, Viii.
liams, Wittgenstein.
The Chief Justice: The Sergeant alarms
will open the court by proclamation.
Sergeant-atArm Hear ye! hear ye !!
hear ye! All persons are commanded to
keep silence. Sit! sit
Mr.. Braughn: 1 move that the reading of
the minutes be dispensed with.
The motion being put and carried, the
reading OF the minutes was dispensed
with.
The Chief Justice: The Secretary will in
form the members of the House of Repre-
eentatives that the Senate is ready to pro-
coed With the trial of George NJ. Wickliffe,
Auditor of Public Accounts of the State of
Louisiana.
The honorable managers on the part of
the House of Representatives appeared and
Mr.. T. j. Semmes and Henry Gray ap-
peared as counsel for the accused.
The Chief Justice: Senators, when the
court adjourned yesterday, it had under
consideration the objection raised by coun-
sci for the respondent as 10 the admssibility
of the testimony of the witness, Mr.. Ora
ham, on the ground of interest. The Chief
Justice had decided the objection not well
taken, and, on motion of n Senator, the
Question WAS about to be submitted to the
Senate, when the court adj burned. Tie
Chief Justice desires to say that he has had
an opportunity of examining the matter
since rendering the decision yesterday, and
that he was mistaken as 10 the extent OF the
language of the act of 1868; that at the time
of the decision he was Of opinion that The
act was more extensive than it is. The
act reads as follows. (rhe Chief Justice
here read the act referred to- The Grief
Justice was of opinion that the expression
of ''civil matters" WAS not i'll the act. 1t be-
comes proper, therefore, for the Chief Jus.
tice TO say that he still adheres to his opin-
ton, Notwithstanding these words in the act,
because he regards this as civil proceeding,
and not as d criminal proceeding. The Chief
Justice, therefore, adheres TO the ruling
Shich he made yesterday Does the counsel
desire to argue the question?
Mr. Semmes, of counsel for accused: I'M
.derstand, from the opinion just delivered.
Lllht IL Is CouCeueu tUdG ii THIS De a CflIuilIdl
prosecution. then the point raised by the
counsel would be well taken.
The Chief Justice: That is the ruling.
MIR. Semmes: l came prepared with au-
thOrities to establish this proposition. but 1t
being so decided, it is therefore entirely IN
necessary to argue the question, except as to
whether or not this is q criminal proceeding
or q civil proceeding. THIS, sir. is the frat
time In the history of impeachments that
have heard it intImated that il was civil in its
nature. and although have not come this
morning prepared, and am to a certain ex-
tent, taken back by the annunciation of
such an opinion, Yet think the constitution
OF the State will very readily, in my judg
nent. determine the character OF the pro-
ceeding. In the first place, sir, what is the
line of demarcation between civil and
criminal proceedings? Any fine as punish
ment, such as Imprisonment inflicted in con.
sequence of the proceedings, or any forfeit.
.ure, is, in my Judgment, the test by which
you are to ascertain the character of the
proceeding. Why, sir. the Supreme Court