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

raj. Secretary of State, Auditor OF uuiio
Accounts. State Treasurer, Superintendent
of Public Education, and OF the judges OF
the inferior courts, Justices OF the Peace
excepted, shall be tried by the Senate; the
Chief Justice of the Supreme Court, or sne
senior Associate Judge thereof, shall pre-
side during the trial of such impeachment.
Impeacbments of the Judges OF the ou-
preme Court shall be tried by the Senate.
When sitting as Court of Impeachment,
the Senators shall be upon oatn or afilrma-
ton: and no person shall be convicted
without the concurrence OF two-thlrds OF |
the Senators present.
Then follows the judgment, and, notlce
this. that in the constitution OF 1868, the
one under which this trial is conducted, |
there is not one single specialization as 10 |
what specific charges these ofAcers snail
be tried for. 1t does not say, as does Inc
constitution OF the United States, or as
did the frat constitution u thlS otaVe,
that the party shall be tired LOT treason,
bribery, and other high crimes ana
misdemeanors, but it simply gives to the
Legislature, to the General Assembly, TO
the House of Representatives as the I'M
peaching party, and to the Senate as the
trying party, right and power to deter
mine under the present established law,
the common parliamentary law, what
cases they will try; but the constitution
does not specify a single Ofsense, except
in the case of Judges It says that the
! iudcps of all courts shall be liable to I'M
peachment for high crimes and misde-
meanors. but there is not single speclti-
cation set forth as to the charges neces-
sary to be brought against other officers.
And say, Senators, that you have right
to examine iuto the acts of tn officer; and
7 saw, furthermore, that the House OF
Representatives. under the constitution OF
the State of Louisiana, could have pre-
sented him for impeachment without pre-
ferring any specific articles OF impeach-
! ment, and pHt him before the bar OF the
Senate. and you. by virtue of the
constitution, aud by virtue OF the duties
imposed upon you, would be bound
to try him and investigate into
the whole affairs OF his office.
Under the constitution we are not COM
peiled to allege that he committed any
crime: we are simply to say that he has
committed such acts and conducted his
Office in such manner that he is no
longer worthy to fill that position. We
bring him before the bar Of the Senate on
the general charges Of corruption, incom-
i potency and incapacity. and 1t is your
duty as the representatives OF the people
, to iry bin. Now. one word in regard to
the matter of address. TIE learned coun-
sci saw that this officer might have been
arraipned before the General Assembly,
, and might have been dismissed by adj
3 dress; but notice the article. You can
not address the Auditor of Public Ac-
counts out Of Office by any manner Of
means. He may be guilty of the highest
= off-uses known to the law of this or any
4 civilized country but you can not adj
dress him out OF Office, because the arti-
q Gle of address reads as follows:
.ART. JOG. All civil officers shall be re-
4 movable by an address of two-thirds o
, the members elect to each House of th'
e General Assembly, except those whose re
, moval is otherwise provided for bJ thi
= constitution"
). EXCEPT those whose removal is other
wise provided for by the constitution
Now. articles rinety-siX ard niuety-sev
i en- nroyide that tie Auditor Of Public Ac
d courts shall be removed by Impeachment
y so that this article one hundred and si2
e can not be made to apply to the Auditor
G You must impeach him, or you can not re
t move him at all.
II has been argued by the opposite cou1
. sci. with al! eloduence and power, hal thi
a officer. having been once tried, before
e criminal court of the State, can not be pr
# scented now before the bar Of this Senai
4 anon the same charge but the constitution
ia explicit and full terms, states that II
: only wav be can be removed from office
Ie by impeachment, ard ii says further;
ART. ~. Judgments i'll case ofimpeacl
J. nent shall extend Only to removal fro,
j. ofice. aud disqualidc from holdln
any Office Of honor, trust or profit IN IL
a State: but the convicted parties shall, ne
At erthe!egs, BE- subject to Indictment, tri
til and punishment, according to law.
DO Now. if the respondent at the bar
o. guilty of extorsion; if he he guilty of 70
berry. if be be guilty OF burglary yes. If !
I'll has committed murder, the criminal couI
Mt of the State have not the pow
o. to remove him from Office. TIT
ID NAV try him to-day, and convi
70, him, al Judge him guilty of the highe
of crimes known 10 the statute law OF t
ut State but they do not possess the pow
70. to remove him from Office. Now, II
lal proposition of the learned counsel be &C
rect. that if man has been tried once
of an offense that you have not the right
~ arraign that criminal and to remove n
of from office BY Impeachment, that you ba
nat no remedy; but criminal must remain
III; office. Is not that a, strange proposltlo
OF A STANCE application Of the provision
me the constitution which says that no M
lev shall be tried twice for the same otfens
es. And when we see that the shillful coun
,as make use Of that defense; we know Il
tie they have bad cause.
Now, this is myj proposition, that t
mt Senate OF the State, sitting under the &C
Mt. stitution as a court of impeachment, hd'
right-yes, not only has right, but 1t
ov- your sworn duty to examine into
,ey whole affairs of this Office, and you ut
AS not have any specific allegations as
rict ouired in the practice of the criminal law,
the the articles presented by the House
the Representa- ses. You come under the co
inc mon parliamentary lay of the lal
cb, not under the civil law-not under
nrt law of practice established by the cou
Sit of the State, but under the law of Parl
III. ment establishment by their own prif
on ples of custom and of practice. I
,rt come here to try this man not as CRIT
the nal. but as an officer 1ou, | undertake
say. are competent to examine into
IA whole Affairs of the office, and 1t IS
wal necessary that We, as House OF II
i'd resenta'ives, draw our articles with
nm. precision and conciseness necessary III
ted diotments before criminal courts. 1t
let uotnecessary, L undertake to say, for
/, to to specify anything except to chtrge l.
with having SO conducted his Office az