New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-04
to say Mr.. Chief Justice and Senators,

to say Mr.. Chief Justice and Senators,
is this: these are vouchers that we
propose to offer. l have argued
several times during the trial that this is
not court of Justice, and the strict rules
which governs q court of Justice does not
govern this court. These Senators are
sitting here as representatives of the peo-
pie to inquire into facts. This general
allegation was put in, and if the Senate
does not desire proof upon this fact they
can reject it, we do not put it on the
ground of account of Justice. do not
propose to spend time in arguing these
questions, for I consider them TECHNICAL
ties.
Mr. Gray, of counsel for defense: Mr..
Chief Justice, l do not understand that
the Senate has determined that this is a
political trial. Such has not
been been the decision of this court,
but one thing is certain. In the outset oil
this trial, it was decided that the court
was to be governed by the rules of law
and evidence, and so the Chief Justice
announced, without one dissenting voice
upon that subject. IF il be criminal OF
political court, / do not deem it mass
meeting or caucus. l presume it is a
court sitting here with high responsible.
ties, to determine grave question, not
only affecting the right of property, but
general character, and | presume upon
that the Chief Justice viii be governed
by the rules of law. In the replication,
we expressly deny that we should be held,
as the court will find by referring
to our answer to this article, because il
was so vague and obscure that it gave Us
no opportunity to be upon our guard
We then submitted to the Chief Justice
and the court that under these circum-
stances. being governed, as we say, by the
rules of law, we can not be held to answer
a charge so vague and indefinite as this.
The Chief Justice: The Chief Justice is
Of the opinion that the objection is well
taken; that this is a court, and must be
governed by the rules that govern the ad.
mission of evidence in other courts. The
allegations arc too indefinite and vague to
have put them upon their guard; the Chief
Justice, therefore. sustains the objection.
Mr.. Manager McMillen: Mr.. Chief JUS
tice. with all due respect to the decision
of the Chief Justice
The Chief Justice: The Chief Justice
sustaips the. objection, upon the
ground that objection is made
to the objection of any evidence
under the last clause. The Chief Justice
does not know what these vouchers are
If it be for any other purpose than that,
it is anot- er matter.
Mr.. Manager McMihen: With all due
respect to the decision of the Chief JUS
tice, and to the opinion which he has ex-
pressed within the hearing of the Senate
that this is court of justice, and
that it must be governed by the rules OF
evidence applying to courts of justice, the
managers, on the part OF the House Of
Representatives, desire that the
Senate itself should decide this
point. We would like to have
at this time an expression of the Senate
of the State of Louisiana upon the point at
issue.
MI Semmes: Mr.. Chief Justice, I rise
to point of order. When the Chief JUS
tice decides point Of evidence, as | IN
derstaud the rule Of the court, it is the
decision, unless some Senator appeal from
the decision of the Chair.
The Chief Justice: Such is the under
standing of the Chief Justice. At the
same time the Chief Justice would desire
that some Senator should ask an appeal
from the decision of the Chief Justice if
there he question about the correctness
of his opinion.
Senator Ogden: With all due respect to
the suggestion of the Chief Justice, |
think it would be improper at this stage
for any appeal to be taken. tits question
4ba4 J@a jsca,,oeaI o{4 10
tirement of the court.
The Chief Justice: The Senator will
allow the Chief Justice % state that it is
important that the question should be de-
cided now. The Managers on the part of
the House Of Representatives offer evil
dence which, under the ruling, would be
excluded.
Senator Ogden: This is matter, I I'M.
derstand, in which the Senate has no part
whatever.
The Chief Justice: The Chief Justice is
constrained to remind the Senator that it
is not in order for Senators to discuss any
question in open court.
Senator Ogden: If the Chief
Justice will allow me l will
say that the whole question will
turn on that point, whether we sit as
judges or as jurors. 1t is aquestion, how
ever that ought to be discussed in secret
session.
The Chief Justice: It is for the Sena-
tors to say whether they appeal from the
decision of the Chief Justice or not.
Mr. Manager McMillen : On behalf Of
the managers on the part of the House OF
Represen atives we desire to offer in evi.
dence these vouchers. First, as evidence
of the charge that the specific appropria.
ton for this purpose, the appropriation
cited in charge No. 26, has been over.
drawn, and second, that these warrants
have been issued to parties who
have not complied with the ex
press provisions Of that law
and on behalf Of the House of Representa-
tives, again ask that the Senate shall de.
eide whether or not these vouchers shall
be received in evidence. We have hear
this morning, Mr.. Chief Justice. an opin
ion on the part of the learned counsel fol-
the defense.
The Chief Justice: The Chief Justice
will call the learned Manager to order. Il
is not proper to argue the question wher
decided; nor is il proper to argue the ques
ton when submitting the evidence.
Mr.. Manager McMillen: We then offe1
these vouchers in evidence, to show that
the specific appropriation has been over
drawn.
The, Chief Justice: For that purpose the
Chief Justice is disposed to admit it as
evidence.
Mr.. Semmes: Mr.. Chief Justice, I desire
to be heard on that point
Senator Campbell: Mr.. Chief Justice, /
was about, at the suggestion OF the honora,
BILE managers, to submit motion to the
court.