New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-15

Let us examine the history of this
case. Some lime ago controversy arose
between the Governor and Mr.. Wickliffe.
! 1t is no use to say what about; private
/ questions are not before the cogrt. But
! the Governor assumed q power not given
to him by the law. Why is it not given to
! him by the law? Because, in the framing
of the constitution, it was thought wise to
separate the powers of these officers; even
in the custody of the treasury there are
two officers. Why? Because there must
{ be checks, one upon the other. l appeal
to the Senators, whether it was intended
! by the constitution that the executive Off
Ger, the Governor, was to have the power
4 to take possession Of the State. Has
he not done so? Has he not taken pos
session Of this office. lawfully 10 the GUS
tody of my client. Twice he put it in the
hands of officers not amenable or respon-
sible, into the hands of persons znder his
absolute command; and more than that, he
not only violated the law in this respect,
but he even went so far as to resist an OIL
Ger Of the law. Is not that the testimony !?
Is he to be allowed to take possession Of
this Office by force?
An office con6ded to the Auditor for wise
purposes, he is the responsible officer.
Must every sergeant OF police have power
TO turn him OFT OF Office? Yet such is the
case; on two occasions this has been done,
under direction of the Governor, and
where was the Indignation of the House of
Representatives? Why was this most ig-
norant breach of conduct in Office, perpe-
trated? Why did the Governor take
away from this man an Office created by
law; take away from him the power to dis
charge the duties of that Office? And yet,
for months and months it was the case,
that people came here from all parts
of the State to settle their accounts with
| the State, and they were compelled to re-
main here for months and months and yet
the House of Representatives come here
and say that Mr.. Wicklife is responsible
for the confusion in his office; that he did
not keep his books in order; that he could
not furnish the information asked tor by
4 the Governor.
Now, | presume, it will be adj
mitted. that the fundamental princi-
pie in all republics is that the people
have q right to choose their own servants.
! [ take it that the people determine wheth-
er man is fit for office or not; and if a
majority of the people elect man for Of
fee, how can they turn him out? Is it to
be done by mere political assembly, or a
political trial? l taxa 1t for granted not.
1t so happened that the Auditors Office,
! during the war was moved TO Shreveport,
and then moved back again to this city af-
terward. The present Auditor was put in
possession of the Office, and, as far as We
think. he has discharged the duties of that
I fa;, f,,nr hat no han mo
mistakes. l do not pretend to deny; but,
may it. please the court, is man to be
turned out of Office because he happens to
to make mistake. | venture to say that
in this Office, requiring exceeding delicacy
and great labor and care, there has never
been an Auditor of the State who has never
made some mistake.
If, in questions of law, he wilfully
have violated the law, if he Intentionally
had done this; then, as matter OF course,
he ought to be responsible, criminally
But what principle OF Jurisprudence are
you going on? If a man does no act un
lawfully or criminally. are you going tc
establish the common law of England
here, when the Supreme Court has decided
that there is no such thing as common law
in the State of Louisiana: At the cessior
of Louisiana from Napoleon 10 the United
States, it was declaI ed that in all criminal
cases proceedings should be conducted
under some law, and so it was kept unit
1912, and we mean TO say this, that thu
common law never was in force, nor tina
the evidence should be conducted unde
| the common law, and our supreme Cour
has so decided. Then what constitutes
crime? What crime is be charged with
| know that in one OF the articles 1t i
called crime. but in the Others it is
misdemeanor. Before | come to argu
that question. | beg leave to say to III
| court that there are some things that
, am sorry to have seen in this question.
? an sorry that the learned manager alIudel
/ to Captain Francis as though, because h,
!, was carpet-bagger, we should not be
, lieye him on oath. l remember the da
we'll when we received men from othe
/ sections and other countries with opel
, arms. We have no prejudice against pee
pie from other sections, but at the sam
time, when they do come here and settl
among us, we do not ask them to rob Oh
t treasury. Now, this man reminds me Q
| what | have read in that classical worI
, called the Arabian knights, where Ger
tain Sultan demanded of his son that b
should hold tent in his hand while b
, counted ten thousand, and by some eA
traordinary magic he accomplished tn
feat. And now this Mr. Francis comes in
Whether he be carpe Dagger or not l do nc
know: but be comes here and holds thre
, offices, or he holds four offices, | believe
? and do you not think bis carpet-bag Yer
| capacious. | do not say that be
causa A man is carpet-baoger
, NAV not tell the truth. This man cam
. here with Billy Wilson, believe, or as
= am informed. Of course do not inten
to reflect on the character of Billy Wilson
f or his soldiers. Well, responsible citizen
3 of Terrebonne parish tell you that the
3 would not believe him under OATH fro1
his general character. From his geners
5 character they do not believe him uade
? oath. Now. | wish the Senators and th
court to distinctly understood this, and
f do presume that, in the judgment of thi
Y cause you will be governed by the onl
1 established principles Of jurisprudence
Q This man Francis comes here, and doe
: what? He produces nobody in his ow
parish willing to believe him under oatl
? Responsible gentlemen OF his own paris
r come and say they would not believe hi
D under oath. The Judge Of his own paris
e does not believe him under oath, and it
5 we'll known that the Judges in nearl
9 every parish are Republicans: and Franci
t does not come supported by the testimon
r of solitary man, and yet, Senators, 20
) are asked to pass sentence on this test
0 mony. It might be sufficient to hang THE
g and no man would pay attention to il
~ hn hoC raa a