New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-01-28

ID. in the State; bu6 the convicted par
Ras sbalI, nevertheless, bs sGhiect to in
S;ctment. trial and punishment according
- law" Dir. Justice Story com
,nentng on similar provision in the con-
stitution of the United States, says: "Tf
there must be Judgment of removal from
office, 1t would Seem to follow that the con.
stitution contemplated that the party was
still in Office at the time of the impeach-
ment. If be was not, his offense was still
liable to be tried and punished in the ordi-
nary tribunals of justice. And 1T might be
argued with some force that it would be
vain exercise of authority TO try a deIin-
uuent for an impeachable otfense. when the
most important object for which the remedy
was given was no longer necessary
or attainabeo And although
Judgment of disqualification might still be
pronounced the language of the cOn9titu-
zion may create some doubt whether it can
be pronounced without being coupled with
removal from office There is much force
in the remark that an impeachment Is a
proceeding purely of n political nature. 1t
is no6 so much designed TO punish an 0nen'
der as to secure the State against gross
official misdemeanOr" story Con sec 4Uo.
When an officer commits an Ote1se LIE
snay be amenable to- three cOurts-to
court of impcachmenro to a criminal court.
and t" civil court. The proceeding against
him IN the first named court is solely as an
officer; in the other Swo courts the proceed
;ngs are against him as an individual
The object OF the Impeachment is not to
punish the otfendcrp bus to- protect the
rights of the people from abuse, and to
rescue their liberties from violation BY an
unfathful offcero There seems peculiar
propriety, in a republican government, at
least, in combining the impeaching power to
persons holding office" Story, page 256.
sIndeed," says Judge Story, 1.-THE moment
g was decided that the judgment upon i'm
peachment should be limited to removal
and disqualification from office, it followed,
as natural result, that it ought not to
reach any but officers of the United States.
IL seems to have been the original object
of the friends OF the national government
to confne 1t To these limits, Tor in the
original resolutions proposed to the con.
vention, and i'll all the subsequent proceed
ings, tho power was expressly limited to
national officers" Sec 81.
The weight Of authority and of reason
seems to pIeponderate in favor of the
opinion that a trial on an impeachment
should terminate with the term of the
officer.
The expiration of his official life, like the
natural death of the accused, during the
progress of his trial, should put an end to
the trial.
In the case OF Wicklitfe, Auditor of Public
Accounts, WAS asked whether the Senate
could proceed to vote on the question of
guilt or innocence after Wickliffe had sent
a letter to the Senate announcing that he
had resigned his office under the following
circumstances:
Wicklifs had stood his trial. The evi
dence had been closed, the arguments had
been made, and the court was about to vote
on the question OF guilty or not guilty, when
a letter was read by the counsel for the &C
eused, stating that the accused had resigned.
| stated that under the circumstances the
Senate ought to proceed to decide the case
and to pass sd ment, because there was no
evidence before the court that he had re-
signed. His resignation had to be made to the
Governor. There was no official evidence of
that fact, even if his letter to the Senate
could be considered at all, having been pro-
duced after the evidence and the arguments
had been closed.
| did not think then that party should
be permitted To stand his trial and take the
chances Of an acquittal. and at the last mo-
ment, when the Senate was in the act of
prOnOuncing his guilt, 80 defeat the trial by
sending a letter of resignation TO the Sen.
ate; l am still of that opinion. But the
question presented IN this case is different.
The term of the officer accused has expired
by law. and nth it. think. the prosecution
should end.
This is clearly the opinion of Mr.. Justice
Story. On the,cOntrary, Mr.. Rawle seems
to have entertained different opinion.
.. AS to the policy of proceeding with the
trial, | give an opinion with great diffdence,
as that is not n .judiciaL question, but as it
seems ~ b.. desired BE- the Senate, will
not shrink from the responsibility thus i'm
posed upon me-.
1t Is my deliberate opinion that the mere
Acknowledgement of an individual is not
worth the !Ac and expense of an !mpeach-
mint
"Le jeu nc val;x pas Is chandelle,'' and
question III" policy Of 'kicking a dead lion.'
|. therefore. answer the questions enc
braced in til. Ugdey of the Senate in the
negative
Afte, n. Chic! Justice had read his
opinion, tn" following order was offered by |
hr. Anderson:
Ordered. Tha. the opinion OF the Chic f
Justice Je adopted as the opinion of the |
COURT |
Mr.. tireeac seconded the order.
The .ol! -.as called with the following |
fesuIt:
Yeas - anderson. Barber, Blackburn, |
Brewster, Butler, Burch, Greene. Harper,
P, +. Herwig, Z. f. Herwig, Ingraham, |
Kelso, Mascot, Sypher, Twitchell-l5.
Nays-Alexmder. Blunt, Pollard, Whar-
ION.
The Chict Justice announced that the
order was adopted.
The following order was offered by Mr.. |
Anderson
Ordered, That this court do nov adjourn
cine die
Mr., Twitchcll seconded the order.
The Chief Justice-All who are in favor |
Of the adoption of the order will say yea; |
those opposed no.
The viva voce vote having been taken,
the Chief Justice declared the order adopt
ed, and announced that the Senate, sitting |
as court of impeaChment, was adjourned |