New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-04

| The Chief Justice: The Chief Justice is
of the opinion that the managers and the
counsel for the accused should discuss the
question before it is submitted to the
Senate; an appeal has been taken from
the decision of the Chief Justice, and he
is OF the opinion that the question may be
| discussed
Senator Ray: would move as an amend
ment to the order of the Senator from
Claiborne, as it is more convenient for the
Senate to discuss the question here, that
we close the doors and discuss it here.
The Chief Justice: That would require
a unanimous consent to suspend the rules.
Mr.. Manager Lowell: What | desired to
say, Mr.. Chief Justice, is that we offer this
testimony:
The Chief Justice: What the Chief
Justice decided was, that the counsel
representing the accused, and the man
ayers, were to discuss the question:; not
Tor Senators to discuss the question. After
they shall have discussed the question
under the order asked for by the Senator
from Claiborne, the Senate will retire.
Senator Blackman: [ fully understand
that, but thought the discussion had al
ready taken place, and that the Chief
Justice had rendered his decision.
The Chief Justice: Such is the fact, but
The Chief Justice is ofthe opinion that the
question can be further discussed by the
managers.
Mr.. Manager Lowell: We proposed to
introduce this testimony; an objection
was raised to the testimony without
asking US what we purpesed
to show by it, and argued by counsel for
defense. My reply was that we purposed
to introduce the testimony to substantiate
the twenty sixth article that is our object,
not to substantiate any particular clause
in that article, but the whole article; for
the whole article either stands Or falls upon
its merits. That is the object for which
we desire to Introduce the testimony.
Senator Blackman: am constrained to
rise to point of order. An appeal is de-
batable only by the members of the
court, and not by The managers or coun-
sell
The Chief Justice: Will the Senator
allow me to state the view entertained by
the chair. He does not regard the de-
cison as in the character Of decision
made by the presiding officer or President
of the Senate from which an appeal may
be taken he regards this as a court of
which he is part for the time being. He
expresses his opinion on question, and if
there be no objection or appeal taken
from it or suggestion made that it is de-
sired to take the sense of the Court 1t is
supposed to be acquiesed in but if o de-
sire is expressed that the question be SUBJ
mitted 10 the Court then the majority
has to determine. There will then have
been no decision. and until decision is
made it iss proper for the
managers and counsel to discuss
the question if they desire
These are tue views Of the Chief Jus ice.
There has been no decision. only the ex-
preston of an opinion of one of the court.
Mr.. Manager Lowell: Mr.. Chief Justice,
the twentieth rule, adopted by the Senate
for the trial of this case, states that all
preliminary or Introductory questions and
! all motions may be argued, not exceeding
one hour on each side, unless the Senate
shall, by order extend the time. The
Senate must be formed by their own rules
What I desire 10 state is this We propose
to introduce this testimony to substantiate
the twenty-siXth article, the whole of it,
because that article stands or falls to-
gether. This article alleges that this
officer has overdrawn certain ap-
propriation, we purpose to intro
duce the appropriation book, the
papers and documents upon which the
warrants set forth and described in that
appropriation account were issued. It
1t was for this purpose and for no other.
[ said in off-hand remark, il the Senate
did not wish to examine into this testi.
mony. 1t was for them to decide. [ did not
suppose it was necessary to argue it; but,
| say now, it is for that purpose We do
not single out one particular clause. and
attempt to prove that. The whole allega-
ton is cont ined in one sentence, the
twenty-sixth article. It is all one article,
and under that article We propose to intro
duce this testimony.
Mr.. Semmes, Of counsel for the accus-
ed: Mr. Chief Justice, the learned mana
gers, in my humble judgment, have shit
ed their ground little, but it will not at
tain their object. As to whether this
is court or not, I understand that the
only question which has been raised is
whether it is civil or criminal court.
Mr.. Manager Lowell: I undertake for
the managers to state that it is not.
Mr.. Semmes: 1 know that the managers
state it is no court. The question was
raised here upon the admission of the evil
dence whether it was civil or criminal
court, and upon that question an opinion
was elected from the Chief Justice; an
appeal was made to the Senate, and they
decided with him, so far as the admissible
ity of evidence was concerned; and,
sir, that this Senate should go cut to dis
cuss that question. seems to me piece of
absurdity when the constitution of the
State declares that when the Senate is sit
ting as Court of Impeachment, they shall
be upon oath to adjudicate whether the
party is guilty or innocent. That ques-
ton was raised, and the managers are but
following the footsteps of the prosecute IS
of President Johnson. It was raised
under the constitution of the United
States, but the constitution of the United
States nowhere calls the Senate Court of
Impeachment. That question, therefore,
is settled, SO far as this State is concerned.
That it is court of some sort, the consti-
tuition states in express terms, and, there
fore, it is useless to discuss whether
it is or is not court; and if it
is court it is part and parcel
of the judicial department OF the
government, 1t is the depository of the
judicial power, to the extent, at least, of
trying officers, whether they are gully or
innocent of the charges preferred against
them by what the Managers term the
"grand inquest" as if everybody did not
know that it was but substitute
in cases of an impeachment for an
indictment by the Grand Jury. Grand
inquest" what do you mean! Do they
mean that the House of Representatives