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

At the expiration of the recess at seven
o'clock P. NJ, the Chief Justice entered
the Senate Chamber and took the chair.
The roll was called, and the following
named Senators answered to their names:
Messes. Antoine, Bacon, Beares, Black
man, Braughn, Darrall, Day, jerks, jewell,
Ke,so, Lynch, Offutt, o. Hara, Packard, Ray,
Thompson, Whitney, Williams, Wittgen-
stein-l9
The Chief Justice: The Senators will
please give their attention to the argument
Of counsel.
Are the counsel for the defense ready to
proceed with their argument?
Mr.. Gray. counsel tor respondent: Mr..
Chief Justice and Senators, in this case We
dislike to proceed with bare quorum Of
the Senate present. We think that in all
Justice we have a right to ask at least the
courtesy of the court m this respect, for
it must have struck all persons here, and
the members OF the court, that al no time
during the trial has there been full at
tendance on the part Of the Senators, and
few of them have heard the whole EVIL
dence, and even while my colleague was
arguing the case there were number OF
them not present. AS you perceive, we
have right to be heard. 1t seems but
simple justice that we should have right
to have those present here to hear the ar
gument who have not even heard the evil
dence, and therefore we object to proceed
with majority, and mere majority OF
this court present. 1t is altogether ques-
ton of the determination Of the court; and
if it is intended to try us without hear
ing. il is in the power Of the court 10 do
so; but I take ore granted that there IS a
disposition to hear us, and under these
circumstances, when it takes tWo-thlrds OF
the members 10 convict, how is it possible
for Us to be tried, when hardly one-half OF
the members have been present duting
the whole progress of the trial. There
fore, I submit; we have no power to COM
pei the attendance, but simply ask as
matter of justice for them to hear Us be-
fore determining the case.
The Chief Justice The Chief Justice
will state, that he has not the power &c
compel the presence of the Senators
While he concurs in much of what has
been said by the counsel, he can only say
that be can not compel the presence OF the
Senators. 1t is for the court to determine
whether or not to proceed with the mem
bers present.
Mr.. Blackman: How many are present
The Chief Justice: Nineteen.
Mr.. Blackman: That is just quorum.
The Chief Justice: Senators, is il the
pleasure of the Senate to proceed with the
number present?
Mr.. Braughn: I think, Mr.. Chief Justice
that since the roll was called, Several Sen
ators have come in, but in order to satisfy
the counsel, l ask for a calf of the Sem
ate.
The roll was called by direction Of the
Chief Justice, and the following Senators
answered to their names:
Messrs. Antoine, Bacon, Eeares, Black.
man. Braughn, Darrall, Day, jerks, Jewell,
Kelso, Lynch, Monette, Off1tt, O'Hara,
Packard, Ray, Smith, Thompson. Whitney,
Wilcox, Williams, Wittgen tein-22.
The Chief Justice: The counsel Will
proceed with the argument.
Mr.. Gray, of counsel for respondent:
Well, we cannot object, if with the pres
ence of twenty-five Senators, the court
decides that we have to proceed. But 1
will say, as simple act Of justice to the
accused, we would like to ask that the
absent members be sent for.
Mr.. Blackman sent an order to the Sec
retary's desk, which was read.
Mr.. Manager Lowell: Mr.. Chief JUS
tice, in justice to the cause ] represent, !