New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-01-30
security, such bond AID security snail d
dispensed with.

nine add the following leachers IN Tue
school who shall have been examined, and
whose percentage or estimate shal place
them in the list of candidates to be selected
from, shall be duly considered for promo
ton in all cases of vacancy.
Mr. Heating, of Caddo, moved TO amend
the above by adding to section nine, - and
further provided, that nothing in this sec
ton shall be construed TO prohibit the State
| Superintendent of Education from issuing
to teachers State certificates of Qualitica
TONS
The amendment, as amended, vas
adopted.
Mr.. Heating, of Caddo, moved that Hcuse
bill No. 81, entitled an act to provide add
tional regulations for the board Of Girec
tors Of the public schools Of the city of Ne"
Orleans, to provide for permanent revc
nue. for said schools, 10 prevent litigation
against the school fund, TO fund the seEoo
debt TO regulate tho employ mest of teach
ers, and 10 direct the Council of the city
Of New Orleans TO levy school tax and
perform other duties in connection with the
public schools, be considered engrossed.
Carried.
Passed third reading, under % suspension
of the constitutional rule.
The bill finally passed, title adopted, and
ordered 10 be sent to the Senate for concur
renee.
Mr. Hahn, of 81. Charles, on behalf OF
the board of IL anagers, made the following
report, which was ordered TO be spread on
the journal:
NEW ORLEANS, January %, 1873
To the HONORABLE speaker and Members Of the
House of Representatives:
The board of managers appointed on be-
half of the House TO conduct the case of
impeachment against Governor Ii. c. War
moth before the Senate OF this State respect
fully report that they entered on the
discharge of their duties with promptness,
and with a full determination t. convict
:he accused, and had collected such docu-
mentary evidence and summoned such wit
nesses as would have established his guilt
The accused, however, through his counsel
and otherwise, succeeded in getting delay
after delay from the court Of impeachment
for answering the charges against him; SO
much SO that the constitutional term of his
office of Governor had expired and his sue
cessOr had been indicted into office before
the time ALLOW wed him for answering had ar
rived. The court of impeachment then
asked the opinion of its presiding officer,
Chief Justice Ludeling, whether the case
should be prosecuted any further, and ad
journed until the twenty instant to
receive his opinion. At the time appointed,
the Chief Justice delivered the TO. lowing
opinion:
The Chief Justice-Senators, in obedience
to your order, | have prepared the following
opinion:
In the matter of the impeachment of H.
G. Warmoth, Governor of the State of
Louisiana, in obedience to the order of the
Senate, requesting the Chief Justice ito
advise the Senate whether, in his opinion,
this case should be prosecuted after the
term of Office of the accused has expired"
have the honor to present the following
opinion:
The order seems to present two questions,
one of law and one OF policy.
The law question does not appear to have
been judicially sealed by the court having
cognizance of it, Mr.. Justice Story says il
is still sub JUDGE, the final decision Of which
may be reasonably left to the high tribunal
constituting the court of Impeachment,
when the occasion shall arise. Article
ninety-seven of the constitution OF this
State provides that 'judg ments in cases OF
impeachment shall extend only 10
removal from Office and disqualification
from holding any office of honor, trust OK
profit in the State, bat the convicted par
ties shall nevertheless be subject to indict-
ment, trial and punishment according TO
law" Mr.. Justice Story, commenting on a
similar provision in the constitution OF the
United States, says: IF there must be d
Judgment of removal from office, it would
seem to follow that the constitution con
templated that the party was still in office
at the time of the impeachment. If he was
not, his 0ffense was still liable 10 be tried
and punished in the ordinary tribunals of
justice. And it might by argued with some
force that it would be "a vain exercise of
authority % try q delinquent for an i'm
peachable Otfeuse, when the most import
ant object tor which the remedy was gwen
was no longer necessary or attainable. And
although Il Judgment of disqualification
might still be pronounced, the language of
the constitution 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 i'm
parchment is a proceeding purely of po-
litical nature. 1t is not so much designed
to punish an offender as to secure the State
against gross official misdemeanor." Story
Con, sec. 400.
When an officer commits an Offense ne
may be amenable to three cOurts-to
court of impeachment, 20 q criminal court
and to civil court. The prOceed ding
against him in the first named court is sole
iy as an officer; in the other two courts the
proceedings are against him as an indiIi-
dual.
The object of the impeachment is not 10
punish the offender, but TO protect the
rights of the people from abuse, and TO
rescue their liberties from violation by an
unfaithful officer. There seems a peculiar
propriety, in republican government, at
least, in contning the inpeaching power to
persons holding office - Story, page $50.
Indeed says Judge Story, the mo
ment il was decided that the Judgment up
on impeachment should be limited to re-
moval and disqualification from office it
followed, as natural result, that it ought
not to reach any but officers of the United
States. 1t seems to have been the original
object of the friends of the national gov
eminent to cOntne 1t 20 these limits, for in
the original resolutions proposed TO the con
vention, and in all the subsequent proceed
ings, the power was expressly limited 90
national officers" Sec. 257.
The weight of authority ana Of reason
seems 10 preponderate in favor of the opin-
ion that 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 ease Of Wickliffe. Auditor Of Pub
lie Accounts, ! was asked whether the Sen
ate could proceed TO vote on the question
of guilt or innocence after Wickliffe had
sent letter TO the Senate announcing that
he had resigned his Office under the follow
ing circumstances:
Wickliife 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 letter was read by the counsel for
the accused, stating that the accused had
resigned. stated that, under the circum-
stances, the Senate ought to proceed to de-
eide the case and to pass judgment, because
there was no evidence before the court tina.