The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-03-21
(COMMuNICATED.
The Esavis Resignation.

EDITORS CLARION: An article signed Re-
publican" in the Times of the 18th contends
that Lieutenant Governor Davis had right
TO resign, because, he says, lit is too late In
the day TO say that man may not resign
anv office" and vet the same writer con-
tends that after verdict OF guilty by the
Senate, that ''the office OF Davis as i-leuten-
ant Governor was in 60 Instant vaca'ed,"and
that he had nothing 10 resign These ar
quments involve an absurd contradiction,
and are both Incorrect. The Senate OF the
United States have determined IN the Blount
case that no Que but "a civil officer can be
impeached; and hence it follows that one
who has been civil officer. but who, by
resignation, has become private Individual
cannot be impeached. II the argument of
Republican" is correct, that any officer can
resign at any time, it follows that any Off
cer who has been impeached, may, at any
time, prevent the trial of his i'm parchment
| by resignation. To escape this obvious
dilemma, Republican" says. ut is true
it prevents the farce OF a removal by the SEN
tence of the Court, but does not debar the
Senate from declaring his disqualification,
! according to law" The absurdity of this
proposition is manifested by the admission
that the Senate would be enacting solemn
! farce ii it proceeded to pronounce the Judg-
ment of removal, which the Constitution
| requires, when there was no civil officer TO be
I removed. The civil officer and not the
man, is on trial in cases of impeachn ent,
and when the civil officer ceases to exists
| II no h n
to speak of proceeding to final iudg
ment in a capital case, when the de-
PENDANT had died pending the trial, as it
is to speak of going OH with an mpeach-
ment trial when the civil officer as civil
officer is no more. The Constitution re-
quifes judgment of removal from office
and therefore when All officer has been i'm
peached. if he is guilty the public have a
right to his disgracetul removal from office,
! and he has no right to escape that disgrace
| BY voluntary resignation any more than d
murderer " no has been found guilty. and
| seut 10 Jail to await his sentence can cheat
the gallows and escape ignominious
death by taking his own life.
The second proposition asserting that the
office of Davis was vacated by the verdict OF
guilty with a sentence and Judgment is
equally fallacious. "Republican" cites sec
ton 392 of the Revised Code OF 1871, and re-
lies upon the words 'Tound guilty of any fell
ony." The quotation SEQ inStanti'' reminds
us so torcibly of the sly lie of a certain iu-
dicial writer of the State that we take it for
granted Republican is a lawyer and we
ask him whether the words 'sfound guilty.
in section 392 are not of the same import as
'cOnviction" in other parts of the Code.
| And we ask him further, whether he, as a
judge, would pronounce any sentence of
expulsion from office for any cause men,
toned in article 1872 upon the mere verdict
of the jury before a judgment of guilty had
been entered by the court. There might be
error in the finding of the jury and the
| court might, for many causes, take the nat
ter under advisement and not enter judg-
| ment until the next term of court and then
others might grant new trial and yet, ac-
| cording 10 the argument of "R epublican,'
| the defendants office would be vacated by
the verdict of the jury and the vacancy
might be filled before any final jud gment
was reached in the case. LEN.