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

arraigned at this bar, and before the testi
mony had been adduced, and before tn
closing argument had commenced. Tnel
was the time for him to tender his res!gna
ton, not after the case had been brough
before this court, after the testimony hat
all been presented to you, after the lngen
GUS, skilltul and learned argument OF coun
sci had been made in his defense by two
the most eminent lawyers IN the land, All
Just when the final argument vas commence
by me, to tender his resignation
then. Does it not show confession OF gun
to come before you day, just at the CLOS
of the case, and tender his resignation
Does he not make a confession to you tina
he is the guilty man that We charge hin
to be?
We have presented the testimony to you:
we have presented the law as best we may
in the brief time allotted to US. | claim II
possess the intelligence of an ordinary man
[ claim to possess the inte diligence and edu
cation of az ordinary law student. l claim
to possess the capacity to conceive anc
weigh facts when they are presented BY
witnesses on the stand: and [ say to you
that | believe, yea, that know, as well as
I know anything, that l have not been q
party to myself that this man, who is ar
raigned before you to-day, is guilty OF each
and every charge that we have prese MED
against him; guilty upon the testimony a:
edduced, and guilty upon the law rs II
stands in the land; guilty before man; guilty
before God. You are the proper tribunal to
try him; you are the proper tribunal to
adiudge, aud say whether he is guilty or in
nocent; and, Furthermore, believe that he,
himself, knows that he is a guilty man.
believe that the honorable counsel them
selves, though they made such an ingen-
ious argument, know that he is guilty,
and that the verdict of guilty ought to be
pronounced on him, and that he be re-
moved from Office and forever disqualified
from holding office.
Senators, representing. as you do. the
people of the Slate OF Louisiana, sitting
here as the grand inquest Of the Common
wealth, the high Court Of impeachment, to
render judgment upon your oalhs In the
name of the people whom We represent, |
demand OF you verdict of guilty, and
that the Judgment of removal and disquali-
fcatiOn from holding office be adjudged
against the respondent, and that you, sit
ting here On your oaths, shall, by your
judgment declare that any man who dares
when elected TO high, responsible office,
with high duties imposed upon HIM, dares
to violate the sacred obligation of that posi-
ton, and fails to discharge the duties he
owes to the commonwealth, he shall be re-
moved from Office, and, if you so term it,
the judgment of eternal shame and degra.
dalOn and intamy shall forever be pro-
nounced against him. | have done my
duty. 1t is now for you to do yours, and
whatever may be your finding l shall cheer
fully acquiesce and await the Judgment OF
that Court which never errs.
Mr.. Cambell sent the following order 10
the Secretary's desk, which was adopted, to
wit:
Ordered, That the Senate, sitting as
q Court of Impeachment, DO now proceed
to vote upon the articles OF impeachment
presented by the House OF Representatives
against e. II. Wickliffe, Auditor of Public
Accounts.
Mr. jerks sent the following order to the
Secretary's desk, which was read by the
Secretary:
Ordered, That the Senate, sitting as
Court of impeachment, take a recess for
two hours to allow time for Senators who
have not heard all the testimony to
examine those parts taken while they were
absent.
Mr. Campbell: Mr.. Chief Justice, 1 rise
to point of order. This order proposed
by Senator jerks is not in order, for the
reason tina. the Senate has just decided to
proceed 70 vote.
The Chief Justice: The Chief Justice is of
opinion that Il motion to take recess is in
order.
The yeas and nays were called on the mo-
ton OF Mr.. jerks to take a recess, and it
was lost by the following vote:
Yeas: Blackmau, Braughn, Futch, jerks,
Jewell, Lewis, Thompson, Whitney-S.
Nays: Anderson, Antoine, Bacon, Beares,
Campbell, COPELAND, Darrall, Day, Egan,
Foute, Kelso, Lynch, Monette, Otfutt Og-
den, O'Hara, Packard, Pinchback, Polu-
iexter, Ray, Todd, Wilcox, Williams, Witt
rnps 81
Mr.. Ray: l send this order to The Secre-
tary's deck:
Ordered, That vote be first taken on
article four of the articles of impeachment.
Mr.. O'Hara offered the following substi-
ute:
Ordered, That the articles of impeach-
ment be taken up in the order in which
they are presented by the managers on the
part of the House, and disposed of in the
order in which they stand.
The yeas and nays were called on Mr..
O'Hara's substitute, and it was lost BY the
vote:
Yeas: O'Hara, Whitney,.
Nays: Anderson, Antoine, Bacon, Beares,
Blackman, Braughn, Campbell, Coupland,
Darrall, Day, Egan, Foute, Futch, jerks,
Jewell, Kelso, Lewis, Lynch. Monette,
Ofutt, Packard, Pinchback, Poindexter,
Ray, Thompson, Todd, Wilcox, Williams,
Wittgenstein-29.
Mr.. Blackman: Mr.. Chief Justice, | wish
10 ask this question Does the Chief Justice
consider that George NJ. Wickliffe, as Aud
has rendered his resignation, is before us
at this time
Mr. Campbell: rise to a point of order.
1t is not in order to discuss any questions
now?
MIR. Blackman: am not discussing any
question, but it is d matter of doubt in my
mind, and | wish to act intelligently, and
L OF to stultify myself. | have sworn to dis
charge my duty, and ask the question as &
legal one in order to be guided by the decls-
ion OF the Chief Justice.
The Chief Justice: The Chief Justi ce is
asked whether he considers that George NJ.
Wiekiiffe is still Auditor of the State of
Louisiana. The Chief Justice will sanswer
that so far as he knows, George M. Wick
life is still Auditor of the State. He
is not officially informed of his resignation.
The Chief Justice would say further that
it is question not settled whether even if
George III. Wicklitfe has resigned, it would
not be proper for the court still to go On and
decide the case. The Chief Justice, since
this question was presented, has found this
authority in Rawle on constitutional law.
1t would seem, then, to be the opinion OF
Rawle, that person who has been in office
may be impeached. Story seems to question
the correctness of this decision, and the
Chief Justice knows of no other csse at
present to serve as a precedent. 1t may be
true that George NJ. Wickliffe has resis ned;
a private letter has been sent to the Senate,
and read by the Secretary, but it is not in
evidence; there is nothing to satisfy me
whatever that he is not still in office. A
resignation is not made to the Senate, but
to the Governor. Another question pre-
sented is, what is impeachmen When this
officer was impeached, sas the Chief Justice
understands the term, Wickliffe was Auditor.
He was impeached by the House of Repre-
sentatives, not by the Senate. So he was
impeached, as the Chief Justice understands