New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-12
PROCEEDINGS OF THE SENATE
WHEN SITTING AS a COU K1 OF
IMPEACHMENT.
WEDNESDAY, March 2, 1870.

the Senate chamber and took the chair.
The roll being called, the following Sen
ators answered to their names
Messrs Anderson, Antoine, Bacon,
Beares, Blackman, Braughn, Campbell,
| COPELAND. Darrall, Day, Egan, Foute,
Futch, jerks, Jewell, Kelso, Lewis,
Lynch, Monette, Offutt, Ogden, OHara,
Packard, Pinchback, Poindexter. Pol
lard, Ray, Smith, Thompson, Todd, Whit
ney, Wilcox, Williams, Wittgenstein.
The ChiefJustice directed the Sergeant
alarms to open the court with the usual
proclamation.
On motion of Mr.. Bacon, the reading of
the journal of the previous days session
was dispensed with.
| By direction Of the Chief Justice, the
Secretary proceeded to inform the man.
| ayers on the part of the House of Repre-
sentatiyes that the Senate, sitting as a
Court Of Impeachment, was ready to pro-
coed with the trial of G. M: Wickliffe, Au-
ditor of Public Accounts Of the State of
Louisiana.
The managers on the part of the House
Of Representatives, having appeared and
taken the seats provided for them
| The Chief Justice Are the managers on
the part Of the House Of Representatives
ready to proceed with their argument?
Mr.. Manager McMillen We are ready.
| Before proceeding with the argument,
| however, 1 would ask whether the evil
| dence, which was ordered yesterday to be
| printed in pamphlet form, is ready?
| The Chief Justice: The Secretary in
forms me that the evidence has not yet
been printed. What is the pleasure Of the
| Senate? Shall We proceed with the trial
without the evidence in pamphlet form?
Senator Ogden: Before the question is
put, 1 would like to know whether the
managers and counsel for the defense have
yet been furnished with the evidence?
Mr.. Manager Lowell: / will state that
the managers have.
Senator Blackman: I would inquire of
the Secretary when this evidence will be
ready?
The Secretary: The printers state that
it would be impossible for all the printers
in town to set up the three hundred vouch-
to-day. do not know how soon it will
be ready.
Mr.. Gray, of Carroll, for the defendant !:
will state that we do not desire these
vouchers to be presented, but we desire the
oral evidence, which scarcely any Of the
Senators heard, to be printed. So far as
the vouchers are concerned, we are willing
to admit them; but the oral evidence we
do insist upon being placed before Sena-
tors.
The Chief Justice: Mr.. Secretary, when
can the evidence be ready in tie slip form,
without the vouchers
The Secretary: l think by this evening.
Mr.. Manager Lowell: I viii state that
we have all the oral evidence, except that
taken yesterday, in slip form.
The Chief Justice: 1t is for the Senate
to decide whether the trial shall now pro-
coed. The Secretary will call the roll.
Those Of you who are in favor OF pro-
ceeding with the trial will say AYE"
those opposed will say mo"
The Senate decided to proceed with the
trial, by the following vote:
Yeas: Antoine, Bacon, Beares, Coup
land, Darrall, Day, Egan, Futch, Lynch,
Offutt, Packard, Pinchback, Peindexter,
Ray, Thompson, Todd, Wilcox, Williams,
Wittgenstein-l9
Nays: Blacknan, jerks, Ogden, Smith
4
Mr.. Chief Justice: The vote stands 10
years, nays ; the trial will proceed.
Mr.. Manager McNlillen Mr.. Chief JUS
tice, when We reach the testimony in the
course Of our argument, we will have to
ask the Senate to bear with us little.
Mr.. Gray, of counsel: Mr.. Chief JUS
tice, l have this suggestion to make in be-
half OF my associate counsel and myself,
that the managers, if they have any au-
thorities to present, will submit them to us
before they present them here, in their
opening argument. We do not wish to be
placed without any opportunity to examine
the authorities presented by them.
The Chief Justice: The Chief Justice
understands that the argument will be
conducted as in courts of common law.
The authorities to be relied upon must be
referred to in the opening argument. That
is rule that is based upon common sense
Mr.. Manager McMillen: l understand
the Chief Justice to state, that all authori-
ties which are to be relied upon by the
managers, must be referred to in the open
ing argument.
Mr.. Gray, of counsel Not SO but be-
fore the defense closes. 1t is but fair and
just, as rule of law, that when parties
rely upon authorities--it is but right and
equitable they should be, submitted, either
III Vic open tTRuIileuIS VI UGlOTG COuuSSl lOI
defense closes their defense.
Speech Of Mr.. Manager McMiIien.
Mr. Chief Justice and Senators:
1t is with no little feeling Of difidence
that appear before you this morning, for
the purpose of discussing the question at
issue between the House of Representa-
tives and George NJ. Wickliffe, Auditor of
Public Accounts.
| feel my inability to discuss, in q proper
and becoming manner, those purely judi
cial questions which have arisen during
the progress of the trial. / feel particu-
larly my inability to cope with the learned
and distinguished counsel who have dis
played SO much ability and subtle power
in their conduct of the defense. do not,
however, appear before you as a person
learned in the law, or in the capacity of an
advocate, but as a representative of the
people, delegated blythe House Of Repre-
sentatlves, to make good certain charges,
preferred by them against George NJ.
Wlcklit1e, Auditor Of Public Accounts, for
such official crimes and misdeeds as, in
their estimation, render him unworthy
longer to fill that high and important trust.
Recognizing fully, and feeling deeply my
inability to argue deliberately or eloquently
these charges, l must rely very much
upon the importance and merits of the
cause plead, for that success which, in
the opinion Of the House of Representa-
tiVes, the interests of the people require
should attend my efforts.
s'Thrice armed is he whose cause is just"
and advocates, however feeble, may ap-
pear before tribunal composed like this,
of honorable Senators, feeling confident