New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-03-15
Assistant Secretary OF the Senate.
SENATE CHAMBER. !
Tuesday. February I. 1871. (


Tuesday, February 7, 1871.
The Secretary called the roll.
Present: The presiding officer, and Messrs-
Anderson, Antoine: Barber, Blackman,
Bowman. Butler, Campbell. COPELAND,
Daicle, Fish, Futch, Gallup, Harris, Hun
saker, Ingraham, kelso, Lynch, holland,
O'Hara. Pierce, Pinchback, Raglan, Ray,
Smith Swords. Sypher, Thomas, Thompson.
Todd, Twitchell, Wilc9N-3l.
Reading of the minutes dispensed with.
The delegation from the Second District
TO whom was referred the nomination Of l..
E. Lemarie as Tax Collector for the Second
District of the city of New Orleans. reported
favorably upon the nomination.
BY unanimous consent the nomination
was taken up, and was confirmed by the
following vote:
For combinations: Messrs. Anderson, An
tome. Barber, Blackman, Bowman, Butler,
Campbell COPELAND, Daiglc, Fish, Futch,
Gallup, Hunsaker, Ingraham, Kelso, Lynch,
holland, O'Hara, Pierce, Pinchbach, Ragan,
Ray. Smith, Swords. Sypher, Thompson,
Thomas, Todd, Twitchell, Wilcox-30.
Against confirmation: None.
The Senate then rose from executive
session.
PITT CRAVATH,
Assistant Secretary of the Senate.
SENATE CHAMBER,
"Wednesday, February 8, 1871 :
The Secretary called the roll.
Present: The presiding officer, and Messrs,
Anderson, Antoine, Barber, Blackman,
Bowman. Butler, Campbell, COPELAND,
Daigle. Fish. Futch, Gallup, Harris Her
wig. Hunsaker, Ingraham, jerks, Kelso,
Lynch, holland, O'Hara, Pierce. Pinchback,
Raglan. Ray, Smith, Swords. Svpher,
Thomas Thompson. Todd, Twitchell, Whit
ney, Wilcox-34.
Mr.. Ray, from the Judiciary committee,
submitted the following report.
| To the Honorable President and Members of the
Senate:
The judiciary committee. to whom was
referred the recommendation of the Gov
ernor for the pardon Of a mum er of persons
convicted of crime, whom he had reprieved,
respectfully report that the question pre-
| scented for our consideration is whether the
| Governor, under the power vested in him
by the constitution, article titty-eight, to
grant reprieves, has the right in granting
the reprieve, to set the prisoner at liberty,
until the pardon is considered by the Sen
ate.
The constitution seems to us to be free
from ambiguity on this subject The con-
GLIDING clause of article fifty-eight of the
constitution says: I'm cases when the pun
;shmeEt is not imprisonment at hard labor,
the party, upon being reprieved by the Gov
ernor. shall be released, if in actual custody,
until final action by the Senate From
this clause it follows, as conclusive, that if
the orfense is punished by Imprisonment at
| hard labor. the prisoner can not be released,
| if in actual custody, until final action by the
| Senate.
Among the names of those who have
been reprieved by the Governor, and whom
he recommends in the communication be-
fore us for pardon, we find the names of
i've persons sentenced to hard labor in the
Penitentiary. Whether they have been re-
leased upon the Governors reprieve or not
we are not informed by his recommendation
for pardon.
All the other persons whose pardons are
recommended i'll this communication have
only been sentenced to imprisonment in the
common jail, and were entitled 10 their re-
lease from actual custody from the date of
the reprieve
Article seven of the constitution prohibits
the bailing of party, convicted Tor any
crime or Offense punishable with death or
imprisonment at hard labor, after eonvic-
ton, and the Governors reprieve will not
entitle such party to his liberty until the
pardon is confirmed by the Senate
Respectfully submitted.
JOHN RAY,
Chairman Investigating Committee.
Report lies over.
The following communication was then
read: -
| Stair OF LOUISIANA
! Executive Department, \
New Orieans, February 8, 1871
TO the Honorable President and Members OF -!
81 hnva a. h>~.. - ...n-.x a. - a q