New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-11-27
ARGUMENT OF COUNSELOR sBMMBs.

The argument IN the case OF Kellogg
VS.. WarInoth and others was resumed
yesterday, in the United States Circuit
Court. By Counselor Semmes for the de-
tense. after Judge Durell had concluded,
at the request Of Mr.. VOORHEES,. 70 permit
the filing Of several thousand afidavits Of
voters residing in the different parishes Of
this State relating to the case under con'
sideration. Mr. Semmes az first objected
to the fling Of these afidavits. but cheer'
fully gave way to the decision Of Judge
Durell. and shortly afterward commenced
his argument in defense Of the conduct Of
Governor Warmoth in the subject matter
before the court. AL Of the powers Of
logic. rhetoric and sophistry that were
So successfully welded in defense Of the
notorious Wickliffe, Auditor Of State,
by Mr. Semmes, when he was be-
ing tried before the Criminal Court
Of this parish upon charges pre-
ferred by the Governor, were yesterday
employed to gefute the argument that had
been made the day before by United States
District Attorney Beckwith in support Of
the action taken by Mr.. Kellogg against
Warmoth and others i'll regard to the
elections recently held in this State.
The learned counsel commenced by COM
plimenting Judge Durell for ruling that
the main question should first be con-
sidered, considering that the dismissal
Of the bill on which the injunction was
based would involve the fate Of the action
for contempt. MI Semmes accomplished
this fea: in his most graceful style, and
then proceeded to argue az much length
the noD-iurisdiction Of the federal
court in the case under consideration. In
this he widely dissented from the views Of
MI Beckwith given tie day before. Nr.
Semmes thought the State courts theprop-
er tribunals to determine the matter in
controversy, and was clearly Of the opinion
that the contesting party can obtain JUS
tice az the hands Of the judges recently
commissioned by Governor Warmoth in
this parish. and the Legislature be has
convened on the ninth Of nexth month.
He argued IS if partisanism belonged to
but one party il the political contest that
is going On in this State, and that the Re"
publican party. That party, Mr. Semmes
must have thought. had been selfish
in invoking the aid Of federal
court il support Of the rights Of
citizens and 10 investigate the wrongs
that are alleged to have been perpetrated
in tie recen: elections in this State !:
while the party headed by the Governor,
the candidates Of which he was enieayoE-
ing TO have returned elected, was governed
by far higher motives. The learned coun-
sci graveIy argued that the proper place 10
obtain that justice which Mr.. Kellogg is
now seeking il a federal court would be in
the Legislature which Governor Warmoth
recognizes, OF at the hands Of judges he
has commissioned, and who have forced
their way upon the bench without
waiting to be indicted there through
all the forms Of Law. The learned
counsel not only boldly assaiied the juris-
diction Of the federal court in the matter
under consideration, but denied the eli
gibility Of Mr.. Kellogg % become Gov
ernor, even admitting that upon proper
investigation it can be shown that be has
been fairly elected TO the office Of Cover
nor. Nj. Semmes argument was intended
to fully meet and controvert the grounds
taken by Mr.. Beckwitb on the previous
day in the matter under consideration.
and it he has failed to do this it is not be.
cause the learned counsel did not exert
himself 70: tia: purpose. He spoke la
boriously and ingenuously for fully three
hours p yesute the argument Of opposite
counsel.