New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-13

session, and it seems to be the object to
delay this matter, so that the cause shall
not be brought to final determination
before the Senate is obliged TO adjourn.
MIR. Blackman: Mr.. Chief Justice, l
rise to point of order; / am sitting
here as Judge and aSenator, and have
right tc send any order to be proposed to
the court, and as Judge and as Sen
ator, the counsel or the managers nave
no right to discuss or impugn my motives
as Judge and Senator.
The Chief Justice: The Chief Justice
is Of an opinion that the point is well
taken.
Mr.. Manager Lowell: Mr.. Chief Justice,
it seems to me remarkable, as, under the
rules established by the Senate for their
own government, the privilege IS allowed
to discuss all motions. The twentieth
rule adopted by the Senate gives this
privilege, and 1t seems to me very queer
| and anomalous if we can not discuss this
motion.
The Chief Justice: The Chief Justice
| understands that the point of order which
| the Senator made was, that it is improper
| for counsel to impugn the motives OF
Senator The Chief Justice is OF an
| opinion that this point is well taken.
Mr.. Manager Lowell: agree fully with
the Chief Justice. and it is not my inien-
ton to impugn the motives OF the Senator;
this proposition first arose from the coun-
sci for the respondent, upon their persist
ence and their objection to proceed unless
the Senate was full. while 1t IS well known
that a quorum is all that is necessary.
! Mr.. Gray, of counsel for respondent:
Mr.. Chief Justice, have this to say: am
| aware that the court can proceed with
quorum; we do not deny that fact: We do
not ask this as question OF law, but
| simply as matter of courtesy, addressing
ourselves to the conscience AMI sense OF
| Justice of each Senator. 1t can not be
| concealed from the Senate that there has
been, during the whole progress OF this
cause, continual absence Of these per-
sons-sometimes present and som etimes
absent-during the progress OF the test-
| mony, and this testimony is not before
| them In printed form. how
then is il that we stand here
to defend ourselves, and have bare
quorum present of the judges! And the
| managers on the part OF the House OF
Representatives ask what? 10 proceed
with the argument without having the
other persons here who are to Judge, as
| we'll as the members present For myself,
I have no doubt that, IN my representa-
| tive capacity as counsel, the motives
which actuate us in asking this question
are as pure as those that actuate the
| managers
Mr. Lynch: rise to a point OF order
THIS question is not debltable.
Mr.. Gray, OF counsel for respondent: The
Chief Justice decided that it was, or l
should not have spoken; for myself and
| my associate counsel say that our motives
are as pure as those of the honorable
managers You may call this a political
court, or what you please, but is there no
consistency or no sense of justice here
| We say that it is unfair, We say that it is
unjust to proceed with bare quorum; We
say that we have right, if we are to be
| Judged by two-thirds of the members of
| this court, that at least they should hear
the accused before Judging him. As
question of power, the court can do what 1t
| chooses: but it is the first time that l have
ever heard of Judge sitting to administer
| law, and the accused is brought before
| him, and yet he will not hear him, nor
| compel the other judges to hear the &C
| cused. / do not ask it as question OF
power, because the court Can do what 1t
| chooses: but I ask it as matter OF justice
aud equity, and good faith On the part of
the Senators toward the accused, that they
should hear what ne has to say IN bis de-
| Tense.
Mr. Antoine: Mr.. Chief Justice, I ask for
a call OF the Sena to ascertain how many
of the members are present.
The Chief Justice: The Secretary in
forms me that there are twenty-siy Sen
ators present. The call will, however, be
made, if insisted upon.
Mr.. Bacon: would ask. Mr.. Chief
Justice, whether division OF the question
would be in order? Senator Blackman' 5
order contains two propositions. The first
requires the Sergeant-at-Arms to summon
absent Senators. and the second propo-
stion is, that we shall not proceed until
all the Senators come in. If the question
can be divided, / would like to have ii
done.
The Chief Justice: The Chief Justice is
of an opinion that Senator presenting an
order has right to have that order acted
upon as presented.
Mr.. Bacon: will offer substitute.
Mr.. Blackman: l ask that the order
presented by me be acted upon as pre-
sented.
Mr.. Manager Lowell: Mr.. Chief Justice,
/ have simply one remark to make, that il
this order is adopted and we are not to
proceed until all the Senators are present
that it defeats the whole object Of the
trial, because they can not all be present,
and if this order is adopted we might as
well close here and abandon the case.
The substitute offered by Mr.. Bacon was
read
Mr.. Gray, of counsel for respondent: Mr.
Chief Justice, [ wish it to be understood
that we did not expect to have all the
Senators here, but all that can be had.
Mr.. Bacon: Mr.. Chief Justice, | will
withdraw my proposition.
The roll was called and the following
named Senators answered to their names
Messrs. Anderson, Antoine, Bacon, Beares
B!ackman. Braughn, Campbell, COPELAND
Dsrrall, Day. Egan, Foute, Futch, jerks
Jewell, Kelso, Lynch, Monette, Ofltt
O'Hara, Packard. Pinchback, Ray, Smith
Thompson, Todd, Whitney, Wilcox, vii
liams, Wittgenstein-30.
Mr.. Blackman: 7 withdraw my order
Mr. Chief Justice.
The Chief Justice: The counsel will pro
coed with the argument.
| Mr. Semmes' Argumsnt-CoMtfn
Mr. Semmes, OF counsel for res pondent
Mr.. Chief Justice and Senators, con
.. cluded NY argument on the legal PROPOSE
! tons in regard to the principles which
should govern the Senate in determining
the facts in this case. Those proposition
are: First, that this is a court; second
that this is a court of criminal jurisdiction
xh;~l +ho+ ~, tho od M tratiOD Of in Stic,