New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-04

that men in high places might have TOO
much power and influence 70 trust the
ordinary tribunals of the land with their
trial; but it was instituted for another
purpose-that an officer intrusted by the
vote of the people with the administrator
of high Office should not be deprived OF
his Office by mere jury, constituting
only part of the people electing him.
1t is a right, not only of the officer, but
of the pubic-the right to this high trial
because the whole people have an interest
in the matter, that no mere local cabal
or petty jury can remove him from his OF
fee. What is the provision of the consti-
tuition? That there shall be high court
of impeachment, in which the Senators
shall be sworn as judges. II it were to be
q political tribunal, what is the use of your
honor sitting there to preside2 Why not
call in the sheriff of the parish of Orleans :
Why not call in any party whose interest
it NAV be to turn an officer out of Office?
But it is the inamemorial custom that the
Chief Justice shall preside, because 1t was
the intention of the people who framed the
constitution that man should be tried by
the laws. and being tried by the laws, the
chief judicial officer is to preside. If this is
a political court, why not have the most
experienced politician to preside over ltz
Or WHY not the man more skilled in
ethics-perhaps a parson-any of them,
l don't care whether from New England
and elsewhere-to see whether this man
is WORTHY or not Are these the princi-
pies upon which this court is to conduct
itself? If it be SO that trials like these
are to be carried on without reference to
any law, and officers are to be tried SIM
ply because they can be converted-be-
cause the man is not in favor with the
majority who elected him, or the party
who are opposed to him these are the
PRINCIPLES upon which these trials are to be-
conducted, / should like to know under
what system of government we live.
If. by organizing themselves into politi-
cal court, a party can divest the Au-
ditor of Of his office simply because they
do not deem him any longer worthy, who
is to deem him unworthy? Is it the whole
people of the State, or the majority who
elected him, or is it this body OF very re-
spectacle gentlemen? All the virtue, and
all the intelligence, and all the integrity
of the people of the State is not seated in
the Legislature. There is great deal of
it left outside. And are they to be de-
prived of the services of this officer simply
because the majority who elected him
think him unworthy? Try him according
to law-that is all we ask. We stand
upon nothing else; we expect to defend
this thing as matter OF law. But
we can not permit this to be considered
as mere matter of fancy or taste. We
say, Mr.. Wickliffe has right to his Office,
aud unless he is convicted Of some crime
or misdemeanor, some violation OF the
laws of the land, he should not be de-
prived of it. 1t is to the interest OF the
elected officer, and of the whole people,
that this thing should not be placed in the
hands of accidental majorities which may
change from year to year. This is what
the constitution intended when it required
for address, two-thirds Of the members
elected, and when it required for impeach-
ment, that the House Of Representatives
shall prefer articles, and two-thirds of the
Senate 20 convict.
Mr.. Manager Lowell: Now, Mr.. Chief
Justice, we desire to submit along with
this question, the law upon which we rely.
The Chief Justice: The manager is not
in order. The discussion was opened by
counsel for the accused. Two arguments
lave been made by the managers, and the
closing argument has been made by coun-
sci for the accused.
Mr. Manager Lowell: l beg pardon of
the court but rule twenty says that we are
entitled to an hour.
The Chief Justice: The managers and
counsel have both spoken. If it be the
pleasure of the Senate to hear further
from the managers and counsel, it is for
the Senate to decide.
Mr. Manager Lowell: All l wish is to
submit the law. The twentieth rule does
not say that one party shall commence,
and then have the privilege of closing.
The Chief Justice: There is another
rule that says: "The final argument on
the merits may be made by two persons
on each side, unless otherwise ordered by
the Senate, upon application for that pur-
pose, and the argument shall be opened
and closed on the part of the House Of
Representatives"
Mr.. Manager Lowell: This is what I wish
to put in-the law to show that this is not
q court of civil or criminal jurisdiction.
The Chief Justice: The Chief Justice
decides that the manager is out of order.
He will take his seat.
Mr. Gray, of counsel: Mr.. Chief Justice,
l think law is always in order.
The Chief Justice: 1t is not in order to
read it after the argument is closed.
Senator Foute: Many Senators desire
the law to be read for information. I
move that it be read.
The Chief Justice: If it is decided by
the Senate that it shall be read, the Chief
Justice has no objection. Senators who
are in favor of having the law read by the
manager will say "aye;" those opposed
''nO."
The motion was adopted.
The Chief Justice: The manager will
read the law.
Mr. Manager Lowell: The law upon
which we rely is found in 'The law on
Practice in Legislative Assemblies by
L. s. Cushing.
Mr.. Gray, of counsel: rise to point
of order. These authorities were not SUBJ
pitted to US.
Mr.. Manager Lowell: l suppose the
honorable counsel is perfectly familiar
with this law it is Cushing upon par
liamentary practice. Section 2539 is as fol-
lows s. The purpose of impeachment, in
modern times, is the prosecution and pun
ishment of high crimes and misdemeanors,
chiefly of an official or political character,
which are either beyond the reach of law,
or which no other authority in the State
but the supreme legislative power, is
competent to prosecute; and, by the law
of parliament, all persons, whether peers
or commoners. may be impeached for
any crimes or offences whatever"
Also article 1865, page 988.