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New Orleans Republican. [volume] (New Orleans, La) 1867-1878, March 15, 1871, Image 2

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eFFIciATjOW^ UNITED STATES
OFFICIAL JOURNAL OF N€W ORLEANS
THK COURTS.
The Mate Floating Debt -Hatter.
Samuel Smith Sc Co., et als, vs. the Hoard
of Liquidators.— Yesterday came up before
Judge Dibble the several cases of holders
---------- the State Board of
of State -warrants vs. .. .
Liquidators, in order to compel the distribu
tion by the board of several hundred tliou
dollars worth of State bonds in the
bands of the board, under the recent act of
the Legislature. There were four cases in
all which, as they involved the same issues,
were, bv conseut, taken up together.
The case was ojtened by reading to the
court the petition .of Samuel Smith & Co.,
in which plaintiffs ask i >r a writ of
mandamus to compel the issuance of bonds
for $165,000, at the rate of seventy cents
upon the dollar. He also read the answer
of the board, in which no cause for action
is set up, and in which it is alleged that
the demand bv Messrs. Smith Sc Co. was
not made until after a written order had
been received from the hoard of liijuida
tors to deliver to them all the bonds in the
bands of the bank, to be distributed in ac
cordance with the award made in said or
der, to which order the bank assented m
conformity with law. and was progressing
in the verification of the evidences ol in
debtedness presented to her. about halt ot
which having already been ascertained as
correct, and the bonds for some set aside,
when the bank was stopped : I. By letter
of Samuel Smith Sc Co., notifying of
mandamus. .2. By a mandamus of Levy.
3. By the injunction of Samuel Smith; and
4. By the notice of Klein.
That the order of evidences ascertained
to he correct, when the notices were re
ceived, were as follows:
A. Carriere, $191"; P. J. Kennedy,
$9948 69; Citizens' Bank. $6813 SO: L. V.
Generes, $4200; D. F. Boyd $9612 50; South
ern Bank, $3501 83; John Lynch, $23,333 94;
A. L. Lee, $43,020 12; George Binder,
$11,734 65. •
That the parties named in the said
order being the first ones whose claims
were presented for settlement after tin
approval of the statute by the Governor
are entitled to a preference over all
At this stage of the proceedings Sir.
Samuel Smith was placed upon the stand,
and testified as to his demand made upon
Mr. Gaines, and his refusal to give him
bonds in exchange for warrants.
Mr. Miller here filed the warrants in
question, $135,000.
He first spoke to' Mr. Gaines about the
first of March; Mr. Gaines said that if the
law was signed the bonds would be deliver
able; the first time I made the application
to Mr. Gaines to redeem my warrants was
on the second day of March; I told him I
had deposited the warrants with the
cashier, and hoped to get a fair return in
bonds; Mr. Delery. was in bis room at the
tame I gave him the amounts; I asked him
to do the best he could with them; on
Saturday, the fourth of March, I went to
aee Mr. Gaines; I asked him if he could
not give me some of the bonds; he said no,
that they had been taken up by other
parties; 1 took the warrants away from
the bank about ten o'clock on Saturday,
which were handed to me by the cashier,
the notice of the injunction suit I had
commenced was announced to Sir. Gaines
in a letter about one o'clock; I gave it to
him in person: lie 6aid the letter was a pri
vate one, and he could not notice it, but
that if an order of court came he would obey
it; on former occasions, my business witli
the board of liquidators was through the
cashier of the bank; I exchanged some cer
tificates for bonds in that way—that is. I
stated to Mr. Gaines that I had some old
warrants exchangeable at 72, and he told
me the cashier would give me bonds for
. them, which he did.
cashier of the
Mr. Delery sworn—Am the cashier of the
Citizens' Bank; under the act respecting
the funding of the ttoating debt the certifi
cates of indebtedness were presented to me.
nud I exchanged them for bonds; at the
Mr. Smith called, on Saturday, tin
fourth instant, I had already received from
Mr. Gaines enough warrants to take up the
whole amount of the bonds; Mr. Gaines
gave them to me that morning; the war
rants of Mr. Smith had been in my posses
cion before that time; 1 received the war
rants 1 spoke of from Mr. Gaines and Gov
ernor Warmotli; they were in the presi
dent's room about half-past eight o'clock,
Monday, March 6; can't say how many the
Governor gave me, or bow r many Mr. Gaines
gave me; Mr. Gaines was present when Mr.
Smith first left his warrants with me; 1 de
clined to receive them to exchange for bonds,
but he said to keep them anyhow, and do the
best you can for me; the bonds are still iq
the bank; no exchange has yet been effected:
can't say what proportion of the certificates
are issues of the boards of public works:
did not see the written order of the board
until Monday, the sixth instant: the verbal
orders 1 got on Saturday, tlie fourth instant
the second package handed to toe on Mon
day was from Mr. Levv: at ten o'clock, or
about that time, I received a package from
Mr. Hernandez; all the packages came to
me through Mi-. Gaines; all the claims were
verified before night. [Amounting in all to
come $239,9 <7 54.— Reporter.]
Don't remember that I spoke to any one
about the verification except Mr. Gaines; 1
may have spoken to Mr. Graham, the
Auditor, a member of the board; I declined
three times to receive these warrants from
Mr. Samuel Smith—twice in the bank and
once outside; the letter from Messrs. Smith
Sc Co. was received on Monday, at 12:45
P.M.
George E. Bovee, Secretary of State
sworn—The act concerning the tioatin*
debt in question was received in my office,
signed by tlie Governor at a few moments
before eleven o'clock A. M.; on Monday, the
sixth of March, I received the act from Mr.
Bragdon, the Governor's private secretary;
can't say when the act was signed by the
Speaker of the House of Representatives,
except from hearsay: there was no date
to the approval of the act when it first
came into my office; Mr. Bragdon came in.
[Objected to by Mr. Semmes, who said that
the counsel could not attempt to prove by
oral evidence wbat was shown by the law
itself; it would be against public policy to
attempt such a thing: the date of a statute
can not be attacked "when the statute bears
a certain date; if allowed to go into such
evidence, said Mr. Semmes, then in other
cases inquiries might he allowed concern
ing alleged frauds, etc., in the passage of
acts. Objection overruled.]
Mr. Bovee, continuing, said—The sec
. retary returned in about five or ten minutes
afterward, and requested the recall of the
bill; he eauie back a short time afterward
with the date of the fourth of March in
serted: I made a memorandum in jiencil of
the time.
the
James Graham, Auditor of the State,
sworn—[Was shown the order from the
board to the bauk]; thinks he signed it on
Monday, the sixth instant; had no knowl
edge ot the same before the sixth of March:
I was summoned to a meeting of the board
at the office of the Citizens' Bauk. and the
order having been explained to me by Mr.
James, I signed it; the meetings of the
board of liquidators are informal in their
chamber; I keep no record of them, and
there are no books kept to my knowledge by
the board; there has not been a meeting (if
the hoard before for some three mouths ;
I had but one application made to me to
have bonds funded; that came from Mr.
John Kay; I had no positive knowledge of
any of the transactions concerning the
funding until the meeting of Monday, tin
eighth of March.
Q. What did Mr. Kay say to you when he
made the application to fund ? [Objected
to by Mr. Semmes, and question with
drawn. ]
When Mr. Gaines read the order alluded
to, he said it was a confirmation of What
bad already taken place in accordance
with verbal orders issued; most of our
meetings were of the character of- con
sultations; I know of no minutes ever hav
ing been kept of the proceedings of any of
our meetings; have no recollection of any
mention being made of any other warrants
having been presented; knew nothing, in
fact, of the funding transaction before
Monday, the sixth instant, except what I
Heard from Mr. Bay a few days before.
i.i.. Klein, broker, sworn—Am the
tie Citizen.' B.nk, •• n.eel .g.nt; 1 owned
the same previous to the first of March.
[The certificates were here filed in evi
dence.l Made several applications to the
president of the bank; on the fourth o
March I was told that the bonds were all
absorbed; at a quarter past teu o'clock on
that day I made application again, and re
ceived the saute answer; on the sixth ol
.March, between eleven and half-past eleven
o'clock A. M.. I made application verbally,
and at one o'clock 1*. M. filed my written
application; the bank refused to receive liiv
certificates, saying that tlie bonds were all
k Coiouel George W. Carter, Speaker of the
ouse of Representatives, sworn—Kecoi
'• the tioat
House ... i «
Sects the passage of the act lunding the fioat
; debt of the .State; I signed the sa '' 1 iK ' r
;it ten minute* before two o'clock on oatui
day, the fourth of March: I looked at my
watch at the time I signed it; 1 was sick at
the time; I signed it in the Governor s.office: I
xpressed some surprise, at seeing the Go\
rnor's signature appended to the act before
mine had been, and lie said it made no dil
ference as to that. , . , ,
J L Levv, sworn—The linn ol winch 1
„.n a member holds the warrants presented.
*13.979 07; I made application first to Mr.
Gaines on the third ot March, and ask( d
him to convert the warrants inlo bonds; Mr.
Gaines said that the act ban not yet been
signed, and he could not receive the war
* On Monday, the sixth day of March, 1 ap
plied (having previously sent our hook
keeper on Saturday, the lourth instant) and
sked to have the 'warrants converted into
.Kinds; this was about ten o'clock; Mr.
Gaines said the bonds had all been absorbed,
hut he did not say by whom.
Mr. Dubertrain sworn—Am a clerk of the
Messrs. Levy; called at the bauk on Satur
dav, the fourth instant, at 8' j Ac. M.: Mr.
Gaines said there was no use to present our
warrants as the bonds bad all le-cn absorbed:
there was another gentleman hi the office,
who 1 afterward learned was Governor
'armoth.
[It was here admitted by counsel that on
the morning of the fourth ot March there
were $513,0110 of bonds in the Citizens' Bank
is Fiscal Agent of the State, known as float
debt bonds, and that they are still
here.]
The defense then introduced Mr. John G.
Gaines, president of the hank, who was
sworn—Previous to the fourth of March
different parties called upon me with a
request to take charge of their warrants, so
is to exchange them for bonds; under
standing that there were more warrants
afloat than bonds to satisfy, 1 declined to
receive any further applicants; tit twenty
minutes before liiue o'clock on the morning
of the fourth of March, I reached my office,
and found Governor Warmotli and Mr.
Delery, the cashier, there; the former said
the funding act had become a law, aiul
handed me a package of warrants to be ex
changed ior bonds; Mr. Delery stated that
he had already verified $128,000 of
the warrants; at my request he set aside
lionds for the amount verified from
the bonds in the vault; I left the office
and went to the vault; when I came back
the clerk of Mr. Levy was there, and the
there still; I told Mr.
Governor also Levy's
clerk that the bonds had all been absorbed:
when the Governor handed me the war
rants he said they must he funded, and I
assented thereto, we two being a majority
of the board, and having acted for the
board frequently before: 1 did not find Mr.
Graham until that day: on the third of
March I declined to receive the warrants
from Mi'. Smith; he left them upon Mr.
Dclery's desk, saving, -'Here. Delery. do
the best you can with them;" I did not sec
Mr. Smith at the bank oil the fourth of
March: 1 met him on the morning of the
sixth of March, on Koval street, as I went
to my office, and he spoke to me about the
bonds; I said I did not see how I could
.assist him.
Upon previous occasions I have almost
always acted by myself; 1 sold, upon one
morning, while sitting upon another com
mission for the State, $ 2 , 000 . 0 ,Id worth of
bonds, without consulting either the Gov
ernor or Mr. Flood, of the Board ol Public
Works, wlio were associated with me. until
some hours after the transaction had been
consummated.
Cross-examined—Tbe order from the
board is in the handwriting id' Mr. Delery:
it was signed on Monday morning, the sixth
instant, at nine o'clock; don't know any
thing about the holders of the warrants,
except that I have an interest of $19(10 in
the Carroll claim; the bonds in the first
column in the list in court had been in my
possession for some time: when I reel :ved
them I thought there would he enough
bonds to absorb all the warrants: when 1
found to the contrary I refused to receive
anv more.
Mr. Samuel Smith said to me. on Monday
morning, the sixth instant : "44 bat it I
should offer seventy-five or eighty cents for
the bonds !'' He did not authorize me.
however, to bid eighty cents. After I got
into the bank I said to" the Governor. -Mr.
Smith has said something about bidding
higher for the bonds." The Governor re
plied: "How can we receive a bid for
bonds which have been disposed of under
the provisions of the law.'" ilat was all
that was said about Mr. Smith's bidding a
higher sum: I positively refused to receive
the warrants from Mr. Smith, because I
knew there would not be sufficient bonds to
liquidate the warrants out; the warrants are
exchangeable for bonds at seventy cents, ac
cording to the law.
Mr. M. F. Bonis, swprn—Am in the em
ploy of Mr. Hernandez; on Saturday
morning, the fourth of March, at ten o'clock.
1 took to the Citizens' Bank for Mr. Her
nandez. a package ot certificates and war
rants to be funded, in all- about $152,000;
Mr. Delery told me the amount was too
large, by some $14,000, and that it would
have to he reduced; the total amount had
already been reduced considerably; it was
first $252.000: previous to the fourth of
March a list for $32,000 hail been handed to
the bank; I presented the first list of
$252,000 to Governor Warmotli, on the eve
ning of the third of March; I actually pre
sented the certificates and warrants on the
fourth of March, at teu o'clock; the amount
hail then been reduced to about $140,000:
very few ot our warrants hail been issued
by ilie Board of Public Work
Samuel Smith recalled—On Monday, the
sixth of March, at nine o'clock, or about
that time, I off ered to exchange my warrants
at tlie rate of seventy-five or eighty cents,
and stated to Mr. Gaines that he might so
make my offer to the board. Mr. Gaines
afterward, on that day, said that the hoard
had decided that the bonds must be
out at seventy cents under the law.
Cross-examined—I told Mr. Delery that
it he would collect the warrants I would
pay him a commission; he declined the pro
position, but said if I was successful in the
enil 1 could make him a present if I chose
so to ilo. .
The evidence was here closed, it being un
derstood that the testimony of the Governor
would be taken concerning the time he af
fixed iiis signature to the act. It was also
agreed that the respondents should submit
a statement of the character of tlie war
rants and certificates presented by Gover
nor Warmotli upon the morning of Satur
day.
The case was then continued until Friday
morning next for argument .
Coiiiiiiirsioncr Weller's Court.
Alexander White, one of the crew of the
ship Areturus, charged John Smith, second
mate of the ship, with an intense and pro
longed assault and batter.v. A similar
charge was made by John Luddeu against
William Taylor, tbe first- mate of the same
Vessel. The evidence of the crew showed
that the affiants had been savagely beaten
with a "belaying pin," which is a piece of
wood somewhat like a policeman's club, but
somewhat longer. Although the two mates
gave evidence for each other, the commis
sioner adjudged them to give bouds iu tbe
sum of $200 each to answer tlie charge be
fore the United States Circuit Court.
One of the crew of the steamer sued for
wages amounting to eighteen dollars. As an
offset the barkeeper presented a whisky bill
for thirteen dollars and sixty-five cents.
The evidence induced the commissioner to
regard this bill as extortionate, and he ad
judged a deduction of ten dollars. It would
have been interesting to any student of
facial expression to nave seen that bar
keeper's face, after that bill had been re
duced that amount.
A country clergyman cays he has married
but on« couple in. a year, and they paid
bias nothing, staid to dinner, as it was a
rainy day, and then borrowed his umbrella
when they left, which he has never seen
Jtane.
OFFICIAL JOURNAL
PROCEEDINGS OF THE SENATE
FIRST session
SECOND GENERAL ASSEMBLY
STATE OF LOUISIANA.
EXECUTIVE SESSION.
Senate Chamber. (
Friday, January 20, 1871. \
The Secretary called the roll.
Present: The presiding officer, and Messrs.
Anderson, Antoine, Barber, Blackman.
Bowman, Butler..C'ampboll, Coupland. Fish.
Flitch. Gallup. Harris. Hcrwig, Ilunsaker.
Ingraham. Jenks. Kelso, Lewis, Lynch. Mc
Millcu. Noland. O'Hara, Fierce. Pinchback,
Kagan, Kay. Smith. Swords. Thompson,
Todd. Twite-hell, Whitney, Wilcox—32.
The President then laid before the Senate
the following communication from the Gov
Static of Louisiana. /
Executive Department,
New Orleans. Jauuary iB, 1871. )
President and Members of the
To
ie I!
Senate:
1 have the honor to submit, for the advice
and consent ui the Senate, the following
nominations, to wit:
John L. Lewis, as District Judge of the
Eleventh Judicieiul District of Louisiana.
W. Jasper Blackman, as Assessor and Tax
Collector for the parish of Claiborne.
(Signed) 11. C. WAKMOT1I.
Governor of Louisiana.
Mr. Ray moved to take up the nomina
tions for confirmation.
Adopted.
The" Secretary called the roil upon the
nomination of John L. Lewis, as District
Judge of the Eleventh Judicial District of
Louisiana, with the following result:
For confirmation: Messrs. Anderson. An
toine, Barber. Blackman. Bowman. Butler.
Campbell, Coupland, Fish, Gallup, Harris,
Hcrwig. Ilunsaker, Ingraham, Jenks. Kelso.
Lewis, Lynch. Mi-Milieu. Noland. O Hara,
Pierce, Pinchback, Kagan. Kay. Smith.
Swords, Todd, Twitchell. Whitney, Wil
cox—31.
Against confirmation: Messrs. Futch,
Thompson—2.
The President announced the appointment
confirmed.
Upon motion of Mr. Blackman the Sen
ate then rose from executive session.
PITT CKAVATJI.
Assistant Secretary of the Senate.
skate Chamber. £
14,
1 s
Tuesday, January
Tlie Secretary called the roll.
Present: The presiding officer, and Messrs.
Anderson, Antoine. Barber, Blackmail.
Bowman. Butler. Campbell. Couplaud,
Daigle. Fish. Futch, Gallup. Harris. Hcrwig.
Hnusakcr, Ingraham. Jenks. Lewis. Lynch,
McMillen, Noland. Pierce, Pim-hiiack. K;t
uu, Kay, Smith, Swords, Syplier. 2 odd.
Twite-hell. Whitticy, Wile-ox—32.
The minutes of the- previous session were
reael.
No corrections.
The consideration of the nomination ol
W. Jasper Blackburn being in oriit-r, Mr.
Blackman moved that the nomination be
referred to the Senators representing the
district where the- nominee resided.
Mr. Kay moved to amend by instructing
tbe delegation to report at the next execu
tive session.
Adopted.
The nomination was then refewed to said
delegation.
The President then laid before the- Senate
the following communication irom the Gov
Pri
w, lrtl. j
•'.Uuut aud Members ol' tin*
ill
AT F. OF Loris
Depart
To the Houorat
Senate:
1 liauu tbe honor to submit for tlio ailvico
anil consent of tbe Senate the nomination of
II. S. Welton. as Parish Judge iu and for
the parish of West Feliciana.
(Signed) H. C. 4YARMOTIL
Governor of Louisiana.
On motion of Mr. Jenks, the nomination
was referred to the delegation from the
Twelfth Senatorial District.
The President then laid before the Senate
a communication from the Governor, which
pertained in part to executive session and
in part to open session.
On motion of Mr. Lynch, the Secretary
wa« instructed to return the communication
to the Governor, with the request that it he
properly separated anil lec-ouimnuicated.
• Adopted.
The Senate then rose from executive ses
sion.
PITT CKAVATH,
Assistant Secretary of Senate.
Senate Chamber, /
Wednesday, January 25,1871. \
The Secretary called the roll.
Present: The presiding officer, and Messrs.
Anderson. Antoine, Barber. Blackman,
Bowman, Butler. Campbell. Coupland,
Daigle, Fish, Futch. Gallup. Harris. Hcrwig.
Hunsaker, Ingraham. Jenks. Kei«o. Lewis,
Lynch, McMillen, Noland. O'Hara. Picric-,
Pinchback. Kagan. Kay. Smith. Swords.
Syplier, Todd. Twitchell, Whitney, Wil
cox—34.
The reading of the minutes of the previous
session was dispensed with.
Tlie President then laid before the Sen
ate a communication of his Excellency the
Governor, submitting nominations of, viz:
J. Edward Leonard as District Attorney,
Thirteenth Judicial District of Louisiana.
William W . Farmer as District Attorney,
Fourteenth Judicial District of Louisiana
By unanimous consent they were tak
up for consideration.
Upon a call of the roll, the nomination of
the aforesaid J. Edward LeonatJ was c
firmed by the following vote, viz:
For confirmation : Messrs. Anderson. An
toine. Barber. Blackman, Bowman. Butler
Campbell, Couplaud, Daigle, Fi-ii. Futch
Gallup, Harris." Hcrwig. Huusukor. Itigra
ham, Jenks. Kelso. Lewis, Lynch, McMillen
Noland, Pierce. Pinchback. II;
Smith, Jv.veius, syplier, Todd,
W hit nt-y, W i 1 co x—33.
Against confirmation: None.
The nomination of the aforementioned
Williau W. Farmer was then confirmed by
the following vote:
For confirmation : Messrs. Anderson. An
toine, Barber, Blackman, Bowman, Butler
Campbell. Coupland, Daigle. Frih. Futch
Gallup, Harris, Hcrwig, ilunsaker, Itigra
ham. Jenks, Kelso, Lewis, Lynch. McMillen
Noland, Pierce, Pinchback. Kagan. Ua
Smith, Swords, Syplier, Toild. Twitchell
Whitney, Wilcox—33.
Against confirmation: None.
A further communication from his excel
lency was then read, submitting the noinina
tion of Napoleon Underwood as Assessor .vid
Tax Collector for the parish oi' East Baton
Rouge, which, by unanimous consent, was
taken up anil confirmed by the followin
vote:
For confirmation: Messrs. Anderson
Barber, Blackman, Bowman. Butler,
Campbell, Coupland, Daigle. Fish, Futch,
Gallup, Harris, Herwig, Hunsaker, In
f rahain, Jenks, Kelso, Lewis, Lynch. Me
[illen, Noland, Pierce, Kagan, Kay, Smith,
Swords, Sypher, Todd, Twitchell. Whitney,
Wilcox—31.
Against confirmation: Messrs. Antoine
andPinchback—2.
Mr. Wilcox, from the delegation repre
eenting tbe TwdtfBifpatortal District, *e
ig;iu. Kf
1'witchi
ported favorably upon the nomination of
H. S. Welton as Parish Judge of West
Feliciana.
By unanimous consent the nomination
was taken up, and confirmed by the follow
ing vote:
For eoatirmati'on: Messrs. Anderson,
Barber, Blackmail. Bowman, Butler, Camp
bell, Coupland, Daigle, Fish, Futch, Gallup.
Harris, Herwig, Ilunsaker, Ingraham,
Jenks, Kelso, Lewis, Lynch, McMillen,
Noland, Pierce. Kagan. Kay, Smith, Swords.
Syplier, Todd. Twitchell. Whitney. Wilcox
—31.
Against confirmation: Messrs. Antoine
and Pinchback—2.
On motion the doors of the Senate were
then opened.
PITT CKAVATH.
Assistant Secretary of the Senate.
Senate Chamber, l
Thursday, January 26, 1871. j
The Secretary called the roll.
Present: The presiding officer, anil Messrs.
Anderson. Antoine, Barber. Blackman,
Bowman. Butler, Campbell, Cunpland,
Daigle, Fish. Futch, Gallup, Harris, Herwig.
Hunsaker. Ingraham. Jenks, Kelso. Lewis,
Lynch, McMillen, Noland, O'Hara, Pierce.
Pinchback. Kagan. Kay, Swords, Syplier,
Todil, Twitchell. Whitney, Wilcox—33.
The reading of the minutes oftlie previous
session was dispensed w ith.
The President then laid before the Semite
a communication from the Governor, sub.
mitting tbe nomination oi'H. L. Daigre as
Parish Judge of the parish of Rapides.
The nomination was taken up by unani
mous consent.
Upon a call of the roll the nomination
was confirmed by the following vote:
For confirmation: Messrs. Anderson, An
toine, Barber. Blackman. Bowman, -Butler,
Campbell. Couplaud, Daigle, Kish, Futch.
Gallup, Harris. Herwig, Ilunsaker, Ingra
ham. Jenks, Kelso. Lewis, Lynch, McMillen,
Noland, O'Hara. Pierce, Pinchback. Ka
gan, Kay, Swords. Svpher. 'i'oilii. Twitchell,
Whitney, Wilcox—33.
Against confirmation: None.
On motion of Mr. Campbell the Senate
rose from executive session.
PITT CKAVATH,
Assistant Secretary of the Senate.
Senate Chamber, (
Friday, January 27,1871. j
The Secretary called the roll.
Present: The presiding officer, and
Messrs. Anderson. Antoine, Barber, Butler.
Campbell. Couplaud, Daigle, Fish, Futch,
Gallup, Harris. Hcrwig, Hunsaker, Ingra
ham. Jenks. Kelso, Lewis, Lynch, McMil
len, Noland, Pierce. Pinch hack. Kagan, Kay.
Smith. Swords, Syplier, Todd, Twitchell,
Whitney, Wilcox—31.
The reading of the miuutes of the previous
session was dispensed with.
The President then laid before the Senate
the following communication from his Ex
cellency the Governor:
Statu op Liicisuxa.T
Kxceutiie Department.
New Orleans, January 26. 1K7I. \
To tilt- Honorable President and Members of the
Senate:
I have the honor to submit for the advice
and consent oi the Senate the following
nominations:
PARISH OF LAFOURCHE.
Felix Dclattc. Justice of the Peace. First
Ward.
Alfred Laforest. Justice of the Peace,
■coud Ward.
Fergus Beauvais. Justice of tlie Peace,
Third Ward.
Elfcge B. Ayo, Justice of the Peace.
Fourth Ward.
Thcophilc Ha.'ung. Justice ot the Peace.
Fifth Ward.
Cloraire Bernard. Justice of the Peace.
Sixth Ward.
James Rogers. Justice of the Peace,
Seventh Ward.
John C. Kagan. Justice of the Peace.
Seventh Ward.
Forestall Haydel, Justice of the Peace,
Eighth Waul.
Peter Dalferes, Justice of the Peace,
Ninth Ward.
Frank P. Parra. Jr.. Justice of the Peace,
Tenth Ward.
Luli'oy Trof-elair, Constable. First 45 aril.
Lester Kodridgue, Constable, Second
Ward.
Emile Toups. Constable. Third Ward.
Dolphin Babin. Constable. Fourth Ward.
Eugene LcBlauc. Constable, Fifth Ward.
Gustave Mnrvaut, Constable. Sixth 44 ai d.
Richard A. Frost, Constable. Seventh
Ward.
Alfred F. Cl.auviu, Constable. Seventh
Ward.
Octave Pierre, Constable. Eighth \\ ard.
Gustave Barrios. Constable. Ninth Ward.
Washington Cantrelle. Constable, Tenth
Ward.
P.VK1MI OF CONCORDIA.
Robert Williamson. Justice oi' the Peace,
First Ward.
M. T. Tolbert, Justice of the Peace. Sec
ond 44'siid.
Robert Ward, Justice of the Peace. Third
Ward.
Samuel Henry, Justice of the Peace,
Fourth Ward.
Samuel 1>. Johnson. Justice of the Peace,
Fifth Ward.
Frederick Kale, Justice of the Peace,
Sixth Ward.
Leonard Polk, Justice of the Peace, Sev
i nth Ward.
Martin Speed. Constable, First Ward.
Daniel Watson, Constable, Second Ward.
Thomas Spencer, Constable, Third Ward.
Aaron Owens, Constable. Fourth Ward.
Calhoun Grimes, Constable, Fifth 44 aril.
Abraham Guice, Constable, Sixth Ward.
Frederick Frizzell, Constable, Seventh
Ward.
(Signed) II. C. WARMOTII,
Governor of Louisiana.
The nominations for the parish of La
fourche were referred to the delegation
from the Eighth Senatorial District.
The nominations for the parish of Coucor
lia Avert- then taken up by unanimous con
sent.
On a call of the roll, tlie appointment oi
Robert Williamson as Justice of the Peace
for the First Ward of Concordia parish was
confirmed by the following vote:
For continuation: Messrs. Anderson, An
toine, Barber,'liutlcr. Campbell, Couplaud.
Daigle, Fish, Futcii. Gallup, Harris, Hcrwig.
Hunsakcr. Ingraham, Jenks, Kelso, Lewis,
Lynch, McMillen, Noland, Pierce. Pinch
hack. Kagan. Kay. Smith. Swords, Syplier.
Todd. Twitchell. Whitney, Wilcox—31.
Against confirmation: None.
The appointment of 31. T. Tolbert was
confirmed by the following vote:
For confirmation: Messrs. Anderson.
Antoine, Bather. Butler, Campbell. Coup
laud. Daigle. Fish, Futch, Gallup. Harris,
Hcrwig. Hunsakcr, Ingraham, Jenks,Kelso,
Levis. Lynch. -McMillen, Noland, Pierce,
Pinchback. Kagan, Kav. Smith, Swords,
Syplier, Todd. Twitchell, Whitney, Wil
cox—31.
confirmation: None.
Against confirmation: None.
The appointment of Robert Ward was
confirmed by the following vote:
For confirmation: Messrs, Anderson.
Antoine, Barber, Butler. Campbell, Coup
laud, Daigle. Fish, Futch, Gallup, Harris,
Herwig, Ilunsaker. Ingraham. Jenks. Kelso,
Lewis, Lynch, McMillen, Noland, Pierce,
Pinchback, Kagan, Kay, Smith. .Swords,
Syplier, Todd, Twitchell, Whitney, Wil
cox—31.
Against confirmation: None.
The appointment of Samuel Henry was
confirmed by the following vote:
For confirmation: Messrs. Anderson,
Antoine. Barber, Butler, Campbell, Coup
land, Daigle, Fish, Futch, Gallup, Harris,
Herwig, Hunsaker. Ingraham, Jenks. Kelso,
Lewis, Lynch, McMillen, Noland, Pierce,
Pinchback, Kagan, Rav, Smith, Swords,
o _ i____ T^H..L/.ll lUUUnoTT Wil.
Sypher, Todd, Twitchell, Whitney. Wil
cox—31.
Against confirmation: None.
The appointment of Saihuel D. Johnson
was confirmed by the following vote:
For confirmation: Messrs. Anderson, An
toine, Barber, Butleix Campbell, Conpland,
utch, Gallnp, Harris, Herwig,
,, ,,,
Kelso, lewis,/
Lyneh, McMillen, Noland, Pierce, Pinch
back, Ragan, Ray, Smith, Swords, Svpher,
Todd, Twitchell, Whitney, Wilcox—31.
Against confirmation: None.
The appointment of Frederick Kale was
confirmed by the following vote:
For confirmation: Messrs. Anderson, An
toine, Barber, Butler. Campbell, Couplaud,
Daigle, Fish, Futch, Gallup, Harris, Herwig,
Hunsaker, Ingraham, Jenks. Kelso, Lewis,
Lynch, McMillen, Noland, Pierce, Pinch
back, Kagan, Kav. Smith, Swords. Svpher,
Todd, Twitchell, Whitney, Wilcox—31.
Against continuation: None.
The appointment of Leonard Polk was
confirmed by tbe following vote:
For continuation: • Messrs. Anderson
Antoine, Barber, Butler, Campbell, Coup
land, Daigle, Fisli, Futch, Gallup, Harris,
Herwig, ilunsaker, Ingraham, Jenks. Kelso,
Lewis, Lynch, McMillen, Nolaud, Pierce,
Pinchback. Kagan. Kay, Smith, Swords,
Syplier. Todil, Twitchell, Whitney, Wil
cox—31.
Against confirmation: None.
The appointment of Martin Speed was
confirmed by the following vote:
For confirmation: Messrs. Antoine, Aniler"
son, Barber, Butler, Campbell, Couplamb
Daigle. Fish. Futch. Gallup, Harris, Her"
wig, Ilunsaker, Ingraham. Jenks, Kelso.
Lewis, Lynch, McMillen, Noland, Pierce,
Pinchback, Kagan, Kay, Smith, Swords,
Syplier, Todil, Twitchell, Whitney, Wil
cox—31.
Against confirmation: None.
The appointment of Daniel Watson was
continued by the following vote:
For confirmation: Messrs. Antoine, Aniler"
sou. Barber, Butler, Campbell, Couplamb
Daigle, Fish. Futch, Gallup, Harris, Her"
wig, Hunsakcr, Ingraham, Jenks. Kelso,
Lewis, Lynch, McMillen. Noland. Pierce,
Pinchhaek, Kagan, Kay, Smith. Swords.
Syplier, Todil, Twitchell, Whitney, Wil
cox—31.
Against confirmation: None.
The appointment of Thomas Spencer was
confirmed by the following vote :
For continuation: Messrs. Anderson,
Autoiue, Barber, Butler, Campbell, Coup
land. Daigle. Fish, Futcii, Gallup. Harris,
Hcrwig. Hunsakcr, Ingraham, Jenks, Kelso,
Lewis. Lynch, McMillen, Noland, Pierce,
Pinchback, Kagan, Kay, Smith, Swords,
Syplier. Todd, Twitchell, Whitney, Wil
cox—3i.
Against confirmation: None.
The appointment of Aaron Owens was
confirmed by the following vote:
For confirmation: Messrs. Anderson.
Antoine, Barber. Butler. Campbell. Coup
land. Daigle. Fish, Futch, Gallup, Harris.
Ilerwig. Hunsaker. Ingraham. Jenks, Kelso,
Lewis, Lynch, .McMillen, Noland. Pierce.
Pinchhaek. Ragan, Kay, Smith, Swords,
Syplier, Todd, Twitchell, Whitney, Wil
cox—31.
Against confirmation: None.
The appointment of Calhoun Grimes was
confirmed by the following vote :
For continuation: Messrs. Anderson,
Antoine. Barber, Butler. Campbell. Coup
land. Daigle, Fish, Futch. Gallup, Harris,
Herwig, Hunsaker, Ingraham. Jeuks. Kelso,
Lewis, Lynch. McMillen, Noland, Pierce,
Pinchhaek. Kagan. Kay, Smith. Swords.
Svpher. Todd, Twitchell, Whitney, Wil
cox—31.
Against confirmation : None.
The appointment of Abraham Guice was
confirmed by the following vote:
For confirmation: Messrs. Anderson. An
toine, Barber, Butler. Campbell. Couplaud.
Daigle. Fish, Futch. Gallup, Harris, Hcr
wig. Hunsaker. Ingraham. Jeuks. Kelso.
Lewis, Lynch, McMillen, Noland, Pierce,
Pinchback. Kagan. Kay. Smith. Swords.
Svpher. Todd. Twitchell, Whitney, Wil
cox—31.
Against confirmation: None.
Tlie appointment of Freil. Frizzell was
continued by the following vote:
For confirmation: Messrs. Anderson. An
toine, Barber. Butler, Campbell. Coupland
Daigle. Fish.. Futcii. Gallup. Harris. Hcr
wig. liuusaker, Ingraham. Jenks, Kelso,
Lewis. Lynch. McMillen, Noland, Pierce.
Pinchback, Ragan, Ray. Smith. Swords, Sy
pher, Todd, Twitchell, 44 hitney, V* il
cox—31.
Against confirmation: None.
The Senate then rose from executive ses
taut
PITT CKAVATH,
ecretarv of the Senate.
Senate Chamber. (
Saturday, January 28, 1871. S
The Secretary called tlie roll.
Present: The presiding officer, and Messrs
Antoine. Barber, Blackman. Bowman. But"
ler, Campbell. Coupland, Daigle. F'isli
F'utcli, Gallup, Harris. Herwig, Iugraham
Jenks. Kelso, Lewis. Lynch, McMillen, No"
land. O'Hara. Pierce, Pinchback. Ragan
Kav. Smith. Swords, Sypher, Twitchell,
Todd, Whitney, 44'ileox—32.
The minutes of the previous session were
read.
No corrections.
The Senate then rose from executive ses"
PITT CKAVATH.
Assistant Secretary ot the Senate.
Senate Chamber, (
Monday, Jxtuuary 30, 1871. $
The Secretary called the roll.
Present the presiding officer, anil Messrs
Antoiue, Barber, Blackman. Butler, Camp"
bell. Coupland, Daigle, F'isli. Futch, Gal"
1 up. Harris, Herwig, Hunsaker, Iugraham
Jenks, Kelso, Lewis. McMillen, Noland,
O'Hara, Pierce. Pinchback, Kagau, Kay.
Smith, Sypher, Todil. Twitchell, Wilcox—29.
The minutes of the previous session were
read.
No corrections.
The President then laid before tlie Senate
a communication from bis Excellency tlie
Governor, submitting the following nomina
tions:
R. P. Bruton as Assessor aud Tax Collec
tor for Union parish.
D. S. Hunsaker as Assessor and Tax Col"
lector for St. James parish.
Charles F. Smith as Assessor anil Tax
Collector for Ascension parish.
By unanimous consent the nomination of
K. P. Bruton was taken up, anil his
appointment confirmed by the followin
vote:
F'or confirmation: Messrs. Antoine, Bar
ber, Blackman, Butler, Campbell, Couplaud,
Daigle, F'isli. F'utch, Gallup, Harris, Hcrwig,
Hunsaker, Iugraham. Jenks, Kelso, Lewis,
McMillen, Noland, O'Hara, Pierce, Pinch
back, Kagan, Kay, Smith, Sypher, Todd,
Twitchell, Wilcox—29. ^ .
Against confirmation: None.
By unanimous consent the nomination of
I). S. Hunsaker was taken up, and his
appointment confirmed by the following
vote:
F'or confirmation: Messrs. Antoine, Bar
ber, Blackman. Butler, Campbell, Daigle,
F'ish, F'utch, Gallup, Harris. Hcrwig, Hun
saker. Iugraham, Jenks. Kelso. Lewis,
McMillen, Noland. O'Hara, l'ierce, Piucli
hack. Kagan, Kay, Sypher, Todd. Twitchell,
Wilcox—27.
Against confirmation: Messrs. Coupland
and Smith—2.
By unanimous consent the nomination of
Charles F\ Smith was taken up. anil his
appointment confirmed by tlie following
vote:
F'or confirmation: Messrs. Antoine, Bar
ber, Blackman, Butler, Campbell. Coup
laud, Daigle, F'ish, F'utch, Gallup, Harris,
Herwig, Hunsaker, Iugraham, Jenks. Kelso'
Lewis, McMillen, Noland, O'Hara, Pierce,
Pinchback, Kagan, Smith, Sypher, Todd,
Twitchell, Wilcox—28.
Against confirmation: None.
The Senate then rose from executive ses
sion.
PITT CKAVATH,
Assistant Secretary of the Senate.
„ Senate Chamber, ?
Wednesday, February 1,1871. 5
The Secretary called the roll.
fteacBt: The presiding officer, and Messrs.
Andsrson, Antoine,Barber, Bowman, Bat
. wt. .
ler, Campbell, Conpland, Daigle, Fish, Gal
lup, Harris, Herwig, Hunsaker, Kelso,
McMillen, Nolaud, Pierce,Pinchback, Kagan,
Ray, Smith, Swords, Sypher, Ihouias,
Thompson, Todd, Twitchell, Wilcox—28.
The reading of the minutes of the pre
vious session was dispensed with.
A communication from hie Excellency the
Governor was then read, submitting the
nomination of Gustave Bouligny as Inspec
tor of Flour lor the eity of New Orleans.
By unanimous consent the nomination
was taken up anil was confirmed by the
following vote:
For confirmation: Messrs. Anderson,
Antoine, Barber, Bowman, Butler, Camp
bell, Coupland. Daigle, Fish, Gallup, Harris.
Herwig. Hunsaker, Kelso, MeMillen.Nolunu,
Pierce, Pinchback. Kav, Smith, Swords,
Sypher, Thomas, Thompson, Twitchell,
Toild, Wilcox—-7.
Against confirmation: None.
A communication from his Excellency the
Governor was then read, submitting the
following nominations:
George A. Sheridan, as Assessor and iax
Collector for the First District of the city of
New Orleans.
I). C. Sittig, as Assessor and Tax Collec
tor for the parish of St. Landry.
Elbert Gantt, as Public Administrator
for tlie parish ol' St. Landry.
The nomination of George A. Slier.dan
was referred to the Senators from tlfe i' ,i-st
District.
By unanimous consent the nomination o
D. C. Sittig was taken lip and his appoint
ment confirmed by the following vote:
For confirmation: Messrs. Anderson. An
toine. Barber, Bowman. Butler. Campbell,
Coupland, Daigle, Fish. Gallup. Harris,
Herwig, Hunsaker. Kelso. McMiLen,
Noland. Pierce, Pinchback. Kagan. Lax,
Smith, Swords, •Syplier.^ 'Ihouias, Thomp
son, Todd. Twitehell, 4\ iicox 28 .
Against confirmation: None.
Bv unanimous consent the nomination of
Elbert Gantt was taken up and was con
firmed by the following vote:
For confirmation: Messrs. Anderson,
Antoine. Barber, Bowman, Butler. Camp
bell. Couphmtl, Daigle, i ish. Gallup. Hams,
Herwig, Hunsaker, Kelso, McMillen, -xo
land. Pierce. Pim-hbui k, Kagan. Kay. Smith,
Swords, Syplier, Thomas. Thompson, lout..
Twitchell,' Wilcox—28.
Against confirmation: None.
The Senators from the First District, to
whom was referred the nomination of George
A. Sheridan as Tax Collector lor the First
District, reported upon the nomination
favorably.
Report lies over.
Tlie delegation from the Twentieth Sena
torial District, to whom was referred the
nomination of 44 . Jasper Blackburn as As
sessor anil Tax Collector of Claiborne parish,
not having reported, the nomination xvas
taken up. by unanimous consent, and was
confirmed by the tolloxving vote:
F'or confirmation: Messrs. Anderson. An
toine, Barber, Bowman. Butler, Campbell,
Couplaud. Daigle, Fish, Gallup. Harris,
Herwig. Hunsaker, Kelso. McMillen, No
land. Pierce. Pinchback, Kagan, Kay. Smith,
Swords. Sypher, Thomas, Thompson. Todd,
Twitchell, Wilcox—28. _ .
Against confirmation: None.
The Senate tbi n rose from executive ses
sion. _
PITT CRAVATII.
Assistant Secretary of the Senate.
Senate Chamber, (
Friday, F'ebruary 3, 1871. S
The doors being closed, the roll was
called.
Present: Tlie presiding officer, and
Messrs. Anderson, Antoine, Barber, Black
man. Bowman, Butler, Campbell, Coup
laud. Daigle, Fish, Futch, Gallup. Harris.
Herwig. Hunsakcr. Iugraham. Jeuks,Kelso,
Lvnch. McMillen. O'Hara, Pierce, Pinch
hick. Kagan. Kay. Smith. Swords, Sypher.
Thomas, Thompson, lodd. Twitchell, 44:1
cox—33.
The reading of the minutes of the previous
session was dispensed with.
Communications from his Excellency
Governor 11. C. 4\'armoth were then read,
presenting to the Senate tor its advice and
consent, tlie following nominations, viz:
FI. 11. Masters! as Assessor anil Tax Col
lector for the parish of Carroll, by unan
imous consent, taken up and confirmed by
the- following vote:
F'or confirmation: Messrs. Anderson. An
toine. Barber. Blackman. Bowman, Butler,
Campbell. Coupland. Daigle, F'ish. Gallup,
Harris, Herwig. Hunsaker, Ingraham, Kelso,
Lynch. McMillen, O'Hara, Pierce, l'inch
hack. Kagan. Kay, Smith, Swords Sypher,
Thomas, Thompson, Todd, Twite-hell, 4Vil
cox—31. ^
Against confirmation: None.
W. K. F'ish, as Register of Conveyances
for the parish of Orleans.
This nomination was referred to the city
delegation.
The nomination of George A. Sheridan
as Tax Collector for the F'irst District of the
parish of Orleans, having been reported
upon favorably by the delegation of that
district at the previous session, was then
taken up and confirmed by the following
vote:
F'or confirmation: Messrs. Anderson. An
toine, Barber, Blackman. Bowman. Butler.
Campbell, Couplaud, Daigle. F'ish. Gallup.
Harris, Herwig, Hunsaker, Iugraham. Kel
so, Lynch, McMillen. O'Hara, Pierce. Pinch
hack. Kagan, Kay. Smith, Swords. Sypher.
Thomas, Thompson, Todd. Twitchell, Wil
cox—31.
Against confirmation: None.
The following communication was then
read and referred to tlie judiciary commit
tge, with instructions for it to report as to the
right of the Governor to grant pardons and
commute sentences before obtaining the
•'advise and consent" of the Senate:
Statk of T(.v:s!AN-A. )
Executive Department. '
New Orleans. February 2 iS71 j
New Orleans. February 2 , iS71 j
President and Members of tbe
vabli
To tbe Hr
{Senate
I submit for the concurrence of the Sen
ate the application for pardon of the fol
lowing named persons, whom I have re
prieved previous- to the present session of
your honorable body, and iu most cases
upon the recommendation of the judges
who tried them, and in others upon the
representations of reliable persons that
theirs were lit cases for executive clemency,
to wit:
John Malloy, sentenced to one year's im
prisonment iu the Parish Prison of Orleans,
for assault and battery.
George Howard, sentenced by the First
District Court to one year's imprisonment,
on tlie charge of false imprisonment.
James Levance, sentenced to one year s
imprisonment iu the State Penitentiary, for
larcencv. The pardon was recommended
bv the judge and District Attorney.
'E. B. Malone, sentenced to imprisonment
iu the Parish Prison, on the charge of lar
ceny.
John Evans, sentenced to one year's im
prisonment in the. State Penitentiary, on
tlie charge of embezzlement.
Samuel Bills, sentenced to two years' im
prisonment in the Parish Prison, for forgery.
Thomas E. Miles, sentenced to one month's
imprisonment iu the Parish Prison of Or
leans, on the charge of false imprisonment.
Cornelia Thomas, sentenced to six
mouths' imprisonment in the Parish Prison
of Orleans, for larceny.
Gann H. Dunn, 'sentenced to twelve
months' imprisonment at hard labor in the
State. Penitentiary, for shooting and wound
ing less than mayhem.
George II. Taylor, sentenced to two years'
imprisonment in the Parish Prison of Or
leans, for assault with a dangerous weapon,
with intent to kill.
Gus Marshall, sentenced to thirty days'
imprisonment in the Parish Prison of Caddo.
Alfred Chittendon, sentenced to six
months' imprisonment in The Parish Prison
of Orleans, for assault and battery com
mitted on his wife.
Ferdinand Collins, sentenced to throo
'M
years' imprisonment in the State Peniten
This^°partlon ! rec«mmended by the
m Monroe Guidry, sentenced tofoiirmonths"
imprisonment in the Parish Prison oi Or
'Alexander 1 \V^ecler, sentenced
davs' imprisonment, at hard labor in
° Governor of Louisiana.
The Senate then rose from executive ses
6K,n ' piTT CKAVATH,
Assistant Secretary of the Senate.
Senate Chamber, /
Monday, February 6, 1871. y
The-Secretary called the roll:
Present: The presiding officer, and McMrs
Anderson, Antoine, Barber, Bowman, But
ler, Campbell, Couplahd, Daigh. Fish.
Futch, Gallup, Harris, Herwig, Hunsaker,
Ingraham, Jenks, Kelso, Lynch, No.anil,
<) Hara,. Pierce, Kagan, Smith Swvrds,
Svpher, Thomas. Thompson, Twit-bell,
Todd, 4Vhitney, Wilcox—31.
The reading oi'thc minutesof the previous
session was dispensed with.
Communications from His Excellency, the
Governor, were read, submitting the nomi
nations of William T. Rose as Clerk of the
Sixth Judicial District Court iu and for tbe
parish of Livingston.
L. E. Lemarie. as Tax Collector for the
Second District of the eity ofjNew Or
lean*.
Bennett Hitchcock, as Assessor and Tax
Collector for the parish of Concordia.
By unanimous consent, the nomination of
William T. Rose was taken up, and was
confirmed by the following vote :
F'or confirmation: Messrs. Anderson.
Autoiue. Barber, Bowman. Butler, Coup
iinl, Daigle, F'igh, Futch, Gallop, Karris,
Todd, Tavitchell, Whitney. Wilcox—31.
Against confirmation: None.
The nomination of L. E. Lemarie was re
ferred to the delegation from the Second
District.
By unanimous conseut the nomination ot
Bennett Hitchcock was taken up, and was
confirmed by the following vote:
F'or confirmation: Messrs. Anderson, An
toine. Barber, Bowman, Butler, Campbell,
Coupland. Daigle, F'isli, Futch, Gallup,
Harris, Herwig, Hunsaker, Ingraham,
Jeuks, Kelso, .Lynch, Noland, O'Hara,
Pierce, Kagan, Smith, Swords, Sypher,
Thomas, Thompson, Todd, Twitchell. Whit
ney. Wilxcox—31.
Against confirmation: None.
The city delegation, to whom was referred
the nomination of VV. Ii. F'ish as Register ot
Conveyances for the parish of Orleans, re
ported favorably upon the nomination.
By unanimous consent the nomination
was taken up, and was confirmed by the
following vote:
F'or confirmation : Messrs. Anderson. An
toine. Barb<-r, Bowman, Butler. Campbell.
Coupland. Daigle, F'isli, F'uteli. Gallup. Har
ris. Herwig, Hunsaker, Ingraham, Jenks,
Kelso, Lynch, Noland, O'Hara, Pierce, Ka
gan. Smith, Swords. Sypher, Theruas.
Thompson, Toild, Twitchell, 4VLitney, Wil
cox—-ft.
Against confirmation: None.
The Senate then rose from executive ses
sion.
PITT CKAVATH,
Assistant Secretary of the Senate.
Senate Chamber. >
Tuesday, F'ebruary 7,1871. >
The Secretary c-allcd the roll.
Present: The presiding officer, and Messrs^
Anderson, Antoine, Barber, Blackman,
Bowman. Butler. Campbell. Coupland,
Daigle, F'ish, F'utch. Gallup, Harris. Hun
saker, Ingraham. Kelso, Lynch. Noland,
O'Hara. Pierce. Pinchback, Ragan, Kay,
Smith. Swords. Sypher, Thomas. Thompson.
Toild. Twitchell, Wilcqac—31.
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:
F'or confirmation: Messrs. Anderson, An
toine. Barber, Blackman, Bowman. Butler,
Campbell, Conpland, Daigle, F'ish. Futch.
Gallup, Hunsaker, Ingraham, Kelso, Lynch,
Nolaml, O'Hara, Pierce, Pinchback, Eagan,
Kay, Smith. Swords. Sypher, Thompson,
Thomas, Todd, Twitchell, Wilcox—30.
Against confirmation: None.
The Senate then rose from executive
session.
PITT CRAVATII,
Assistant Secretary of the Senate.
Senate Chamber, J
tWdnesday, F'ebruary 8, 1871. ■ V
The Secretary called the roll.
Present: The presiding officer, and Messrs,
Anderson. Antoine, Barber. Blackman,
Bowman. Butler, Campbell. Coupland,
Daigle. F'ish. F'utch, Gallup, Harris, Iler
wig. Hunsaker, Iugraham, Jenks, Kelso,
Lynch, Noland, O'Hara, Pierce. Pinchback,
Kagan. Kay, Smith, Swords, Svpher,
Thomas. Thompson, Todd, Twitchell, 4Vhit
ney. Wilcox—34.
Mr. Kay, from the judiciary committee,
submitted the following report.
To tlie Honorable President and Members of the
Senate:
Tjie judiciary committee, to whom was
referred the reeoipiuenilation of the Gov
ernor for the pardon of a tiuml$-roi' persons
convicted of crime, whom lie li*d reprieved,
respectfully report that the question pre
sented for our consideration is whether the
Governor, under' the power vested iu him
by the constitution, article fifty-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
cluding clause of article fifty-eight of the
constitution says: "In cases when the jmn
ishmect is not imprisonment at hard labor,
the party, upon being reprieved by the Gov
ernor. shall he released, if in actual custody,
until final action by the Senate." F'rom
this clause it follows, as conclusive, that if
the offense is punished by imprisonment at
hard labor, the prisoner can not be released,
if in actual custody, uutil ffual action by the
Senate.
Among the names of those who have
been reprieved by the Governor, aud whom
he recommends in the communication be
fore us for pardon, we find the names ot
:ve persons sentenced to bard labor iu the
Penitentiary. Whether they have hec-n re
leased upon, the Governor's reprieve or not.
we arc not informed by his recommendation
for pardon.
All the other persons whose pardons are
recommended iu this communication have
only been sentenced to imprisonment in the
common jail, and were entitled to their re
lease from actual custody from the date of
the reprieve.
Article seven oi tlie constitution prohibits
the bailing of a party, convicted for anv
crime or offense punishable with death or
imprisonment at hard labor, after convic
tion, and the Governor's 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: , i
Stats ot Louisiana,) j
Executive Department. > .
Mew Orleans, February 8,1871.7 :
To the Honorable Praoident and Members ot '
g$n§($:
I h»ye the honor tenhoaft fortkei

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