New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-15

State Office, what is the RESULT You VIII
NOT even have the semblance OF political
liberty left.
Now, therefore, say, why not impugn
the actions of the Board of Pubic works
Why has not the Governor brought that to
the attention of the Legislature? Andyet
the Senate is gravely asked to lmpeacn
my client, to deprive him of his office, to
eyict him, to disgrace him for an oifense
| which they do not notice in others.
Now, may it please the court, l come to
another branch of the question. 1t is true
that Mr.. Wicklffe issued the Kaufman
warrant; we do not deny it; BUT it is also
true that it was done under one of the acts
of the Legislature, and he was protected
by the Judgment OF one of the courts, and
we think that the judgment OF court, IN
ordering the issuance OF this warrant, was
correct.
Upon that point, then, it is simply
question Of the construction of the law.
But, be that as it may, there is no evil
dence geiog so show that he issued this
warrant with any criminal intent what
ever; On the contrary, it Is expressly
proven that he could have no such motive
in issuing the warrant, and that no part OF
it Injured to his private benefit.
Well, the claim was proven, the court
rendered judgment, and it might be pre-
sumed there was an end of the matter.
But he has given security to the public
if the warrant is issued in violation CT the
law. and there is a remedy. If he in
tended to defraud the State, then OF course
he ought to be turned out of Office; but, as
was well put by my associate counsel, in
order to constitute crime, there must be
criminal intent Is it possible that you
are going to establish this principle, that
if a man commits an error in office, that
that constitutes crime? Are you gOiog
to establish the common or English LAW
here? In order to constitute INSIDE
meanor in this State, it must have been
declared by statute. They must prove
the intent; and they do not show any coz
rupt motive; on the contrary, they show
that Mr.. Wicklife could not possibly have
had. any such motive in issuing this
warrant.
Shall it it be said that error is crime ?
Suppose, Mr.. Chief Justice, you should
render an erroneous decision. would that
be an indictable offense?
Is it proper, when society is still disor-
gained, when you are establishing the
equal rights of all men, nov to turn loose
this political court to convict man OF
every imagined error he may have commit
ted in office? l have never believed, and
will never believe, that it is proper and
, right to make an officer, after he has been
elected by the people, the mere creature
of an accidental majority In the Leglsla-
, ture. Suppose the Governor had failed to
f issue writs of election to fill vacancies in
the Legislature; suppose the Governor was
impeached here for that, would you turn
him out of office? l presume not. The
Governor would say be had valid reasons.
, But if he did it corruptly, or for party pur-
poses, or for his own private interest what
would be the result? And even then there
is no crime, because it is no violation OF
any written law, and the common law does
not prevail here.
Then. on this occasion, this seems to be
simply question as to whether this of.
icer has conducted himself properly OF
/ improperly. Do the managers insist tina
every mistake made by an officer netessa.
, ri!y constitutes crime Tor which he is tc
, be adjudged guilty?
What do the managers say constitutes q
, misdemeanor in office?
, Therefore, 1 think, if you settle this
. question by assuming such powers, you at
once do away with all liberty and es-
, tabish the idea that everything public
Justice, law, the treasury OF the State, al
power can be exercised by such a politica
| court. Are there to be no recognized rights
i, to protect man in his property? This
will be the consequence of such a judg
ment, if you render it.
S MAY it please the court, there is an
f other point to which l will direct your at
5 tention. We have been charged, by infer
: ence, with misdemeanor in issuing extr
r compensation to clerks. We did not issu
/ warrants, but only certificates of indebted
: ness, and left it to the Legislature to sa.
0 whether they would pay it or not. But
Q take broader ground, there was an ap
g preparation made, in the treasury, whlcl
, was over due, not disposed of, it was il
:. the treasury, mot otherwise appropri
: ated." 1t is not pretended that in thi
/ transaction Mr.. Wickliffe received any par
Q of that compensation; on the contrary
/ is proven by the clerks to have beel
9 received by themselves, and in case it
S not settled by the Legislature, the none
s is to be refunded by the clerks IN tn
I Auditors Office.
i If the clerks were compelled to do NOR
:. labor, | think that the generosity an
T. Justice of the Legislature should say tia
o they should he paid. This appropriatio1
g article against the Auditor is certainly no
e we'll taken in law.
n (Mr. Gray read the law of 1869, author
izing the auditor to employ additions
5 clerks.)
d The evidence shows how many clerk
:. the Auditor had. He did not exceed tn
d apportion authorized by the law, except i
e the instance Of those appointed under tb
a gambling act. That was the only il
b stance. and the court will manifestly Sc
n the propriety of employing them.
n May it please the court, have some
IS thing to say in reference to this println
l. bill, and the cutting up of these warrant
s. issued under it. A gentleman comes her
# and testifes in reference to that transa'
1t ton, with exceeding credibility, and tel
J. us that the Auditor said they must com
t. down." and we prove that the great obje'
10 lection thatthe Auditor had to these prin
t. ing bills was that they were too large, an
n they must "come down." What do yo
/, mean? presume the honorable manager
/, had the selection of these printers. Nc
lc He had the selection Of these printer
s. and I take it for granted that he knows IL
Ie parties who were appointed, and that
If would not appoint men who would offer
sr bride. | take it for granted that he d
le not appoint all rebels. l take for granite
n that the men who were appointed were r
if sponsible, and when one of them com
here and says he bribed the Auditor,
V take for granted that he must be consi