New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-04
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OFFICIAL JOURNAL OF the UNITED STATES
OFFICIAL JOURNAL OF THE STATE OF LOUISIANA
OF THE SENATE
WHEN Sitting As A COURT
OF IMPEACHMENT.
MONDAY, February %, 1870.

The roll of the Senate being called, the
following members answered to their
names:
Messrs. Anderson, Antoine, Bacon, Beares,
Blackmsn, Brsughn, Campbell, Coupland,
Day, Egan, Foute, Futch, jerks, Jewell,
Keso, Lewis, Lynch, Monette, Offutt,.
Ogden, O'Hara, Packard, Pinchback, Pon-
Whitney. Wilcox, Williams, Wittgen'
stein-32.
By direction of the Chief Justice, the
Sergeant-at-Arms opened the Court with
the usual proclamation.
On motion of Mr.. Bacon, the reading of
the proceeding of the previous sitting OF
the court was dispensed with.
By direction of the Chief Justice. the
Secretary proceeded to inform the Mana
gers on the part of the House of Repre-
sentatives that the Senate sitting as
Court of Impeachment, was ready to pro-
coed with the trial of G. NJ. Wickliffe,
Auditor of Public Accounts of the State of
Louisiana.
The Managers, on the part of the House
of Representatives having appeared and
taken the seats provided for them
The Chief Justice: Are the Managers,
on the part of the House, ready to pro-
coed?
Mr.. Manager: We are ready, if the de-
tense are ready.
The Chief Justice: Are counsel for the
defense ready to proceed?
Mr.. Semmes, of counsel: What return
has been made of the attachment issued to
G. L. Cain?
The secretary read the return of the
Sergeant-at-Arms as follows:
FEBRUARY, %. 1870
In obedience to the or der Of the within
attachment, George L. Cain Was found and
brought to the Senate Chamber, Saturday
the twenty-siXth instant.
The Court of Impeachment having adj
lourned, the said George l.. Cain was re.
leased on his parole, to appear this day, at
half past I've 2. u.
Mr.. Semmes, of counsel: Call George L.
Cain.
The Sergeant-at-Arms having called
George l.. Cain to appear as a witness, he
failed to respond.
J. P. Cazelar, DR.. Delarne aud j. Fl.
Legroue, were called as witnesses, but
failed to respond.
Mr.. Manager Lowell stated that he was
informed that Mr.. Legroue was sick.
Mr.. Semmes, of counsel of the accused:
/ will state, Mr.. Chief Justice. to the
prosecution, that there are some Witnesses
summoned whom 1 will only examine,
then. in the event that the evidence which
is proposed to be offered, and which the
Managers reserve to offer-some three
hundred vouchers.
Mr.. Manager Lowell: They are ready
now.
Mr.. Semmes: In case they are offered, I
have testimony in regard to it; if not then
| have none. | would like them to close
their case.
Mr.. Manager Lowell: The papers We
propose to offer are these papers. If there
is any objection as to the identity of them,
will prove the fact OF what they are.
Mr.. Semmes: My objection will not be,
now, as to the identity, but to the admissi-
bility at all. It is proposed, Mr.. Chief
Justice, to offer in evidence specific vouch
ers upon which warrants have been issued,
and the question is whethar, under the
allegations contained in the charge, they
are admissible in evidence. The charge
is number twenty-six. The charge con-
tains two allegations. The first is
"That said George M. Wickliffe. Audi
tor of Public Accounts for the State of
Louisiana, unmindful of the high duties of
his office and of bis oath of Office, and in
violation of the constitution and laws of
the State, did, during the year A. d., one
thousand eight hundred and sixty-nine, at
New Orleans, Louisiana, issue warrants
upon the State treasury, purporting to
have been drawn in pur-u ance of the ap-
propri 4tions of act No. 152, acts of 1868.
entitled IAN act to provide pensions for
the veterans of 1S14-15," amounting to
two hundred and twenty-seven thousand
six hundred and seventy dollars and eighty
cents 1927, go S0), well knowing that
there was no specific appropriation as re-
quired by the constitution and laws Of the
State, against which such warrants could
be drawn"
That, you will perceive, is charge
merely of drawing warrants in ex-
cess Of the appropriation. The evidence
has been submitted on that point, and it
becomes question of law merely. Now
these are evidently offered on the other
clause, 'and furthermore, that warrants
were by him issued to about three hundred
persons claiming to be pensioners under
said act without requiring such persons
to conform to the requirements of said
act, No. 1872 of acts of 1868. thereby de-
frauding the State of large sums Of money,
whereby the said George NJ. Wicklife,
Auditor of Public Accounts. did then and
there commit, and was guilty of high
crime and high misdemeanor in Office"
You will observe that the only allega-
ton is that he issued warrants to three
- hundred persons, claiming to be pen
soners, without requiring the persons to
conform with the requirement of
the act. There is no allegation
of whom the warrants were issued; there
is no allegation to whom the warrants
were issued; there is no allegation 10
what respect these persons who claimed
these warrants did not conform to the law,
therefore there is nothing in the
charge to put us on our guard as
to what the difficulty is in the require
ments, or to whom the persons were,
as to when the warrants were drawn.
This you will observe is not as to the
drawing of the warrants, for this is a mere
question as for the amount. 1t is hat in
particular instances-there were three
hundred instances, three hundred persons
not named, at time not mentioned,
for amounts not disclosed. for deficiency
in accounts not indicated, which we are
charged with in this article of lmpeach-
meut. Isay, therefore, that it is SO indef-
mite, SO uncertain, that we could not by
any possibility have been placed upon our
guard to be prepared with evidence for the
purpose Of rebutting SO general an allega-
ton.
The Chief Justice: The Chief Justice un-
derstands the objec ion to be not to this
particular evidence, but to the admission
nv avid