New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-17

here representing the Governor. but we
come representing the people OF this great
commonwealth; and we ask you to turn
aside this attempt made to prejudice your
minds because. forsooth, some Of you, Sen
ators are, or may be. hostile to the
executive. That is the reason, and the
only reason. that this attempted argument
has been adduced in this trial, because you
are though. to dislike the Governor. The
fact that the Governor has instituted, or
has made the report upon which these
charges are based has nothing at all to co
with this officer failing to do his duty or
wi the conduct Of the trial. The trial to-
day is between the State, represented by |
the House of Representatives, and this |
officer; not George NJ Wickiiffe as a man.
but George M. Wickliffe as Auditor OF
Public Accounts. / shall briefly cite the
| law in the case:
| We claim. Senator'S that you are sitting
here TO Try this man, not as man, NOT as
an individual who has committed an Oh
Tense against public society, not as an IN
diuidual who has committed an onense
perhaps against law of the State; not az
an individual who has DETAINED toe law and
| the constitution of the State; but we come
here and arraign him as public O.
ficar-arraign him in his public capaci-
~ and not in his individual Ca
naci,v. We come here with az
ticles of impeachment because, had the
Auditor of Public Accounts been guilty OF
murder had the Auditor of Public &C
counts been guilty of burglary. had he
been guilty of highway robbery, we might
have presented articles Of impeachment,
not for the specific offense of murder, not
because he had killed brother man, but
because in killing him he had degraded
the position of Auditor of Public Ac-
counts. and rendered himself unworthy OF
any longer holding a public position OF
, such dignity. After We are through win
him, some other court. the Criminal
Court and jury, may try him for any
specific criminal otfense.
Before | discuss the nature OF this court,
/ will briefly discuss the nature OF the po-
, sition of this respondent before You. We
!, present him to-day, as the Auditor OF
Public Accounts. not as George NJ. WICK
$ life, and 1 say, in behalf of the managers
= and the House OF Representatives, that a
public officer has no right whatever to the
Office that he holds; he has no Vested right,
no natural right; but in a republic like
= ours, every man, When ne oe-
q comes CiLizeu Cucleoi' ou'oiS AS'
a solemn compact, tacit 1t may
, be, with the citizens OF the commonwealth
and agrees with all of them that he will
9 do his share, or his part, to aid IN carry
}: mo on the administration of that gov
q eminent and faithfully perform the duties
of his citizenship, and that the citizens o.
u this republic, OF this State or of the Unltec
n States have q right to demand the service:
of every citizen TO help in the administra
ton of the government; and it IS thel
duty, when called upon, to accept and Il
exercise the functions of any office which
the people may ask them to perform. Ant
% it is YOUR duty, furthermore, II you accep
office and YOU enter into a taclt confrac
or agreement that you will render to III
State YOUR utmost services, and Will per
form the duties and functions Of the oiilc
70 faithfully and we'll | undertake to sa
Y, that no man ID republic has a rlght I
ii anv Office no man has cl,in to any pub
Or lie positon: the people have claim upo
IS individual members of The republic, hu
ne the individual member has DO claim what
es ever upon any public position. Ever
lg public position belongs to the peopit
ar and when the people make MI
E. take in the selection of on
be of their number. they have
e. right. and it is their duty, if they find tn.
Sc be is not competent, TO remove him n
it, nut some other more competent man I
on his place. You, Mr. Chief Justice, occr
adj pying the highest judicial positi in th
State. and ycu, Senators, hold your othcI
II. not as matter OF right. but you no!
of them as individual members CT this Stat
nd YOU are called upon to perform thei
Ill duties, acting in your representative Cap
Yh cify FIR the State, because YOU are pr
he sumed to be more competent to pertof
he these particular duties than any oth
he individual in the STATE You have I
fit vested right to the position In monarchie
re, perhaps, a man may, either through cast
,ir- or position. or family, have an indlvIdu
ng and vested right in an Office, but IL
ra- republic il is not SO. I1u, Senators, q
OF. filing the positions which You bold slmp
De- as representatives of the people, and J.
=: / have no rights here except such as t
est people have delegated to you.
me Mir. Semmes, OF counsel: MIR CHI
nd Justice, il the manager will permit me
IAN interrupt him, | have communication
ent present from my client, presenting ia
lily which will probably terminate this eau
id, without any further discussion OF ii
ant case. The following communication W
rs. then presented aud read by the Secretai
it'll NEW ORLEANS. March 3, 1850
to To the Honorable the Chief Justice and Member
the senate of Aouisana, sitting as Conrt
49, IMPEACHMENT:
er2 hereby respectfully notify this honorai
u court that have resigned, and 1 90 here
the resign my office of Auditor OF PubHc
ave counts for this State into the hands of
csc people of Louisiana, who have done me
hat honor to elect me to the same.
w G.. N. WICKLIFFE
me The Chief Justice: Senators, you ha
lew beard the note addressed to the Sen
ay- read. 1t is for you TO decide what ore
hat YOU will take in the matter
nan Mr.. Ray: suppose it must be oficla
are communicated to the Senate before
der can take any action in the matter. L
hat is not official.
has Mr.. Semmes: I do not know that ar
IAN. thing could be mole official. Here is
YOU communication from the respondent O.
J a bis own signature to the Senate, presen
to by the counsel.
has Mr.. Ray: understand that the REF
that nation was handed to the Governor q
will when that resignation has been accep
hey the Governor will notify the Senate
less MI Manager Lowell: Mr. Chief just
on and Senators, suppose l may be ALLOW
2. I to proceed. | do not suppose t
rted it is necessary to discuss
,up- matter of resignation. Here this m
lean Knowing that be is guilty, trat he has Y
Q to lated the law Of the land, that he
sde- tramplpd upon the constitution OF