The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1876-02-18
THE NATURE And METHOD OF I'M.
s.PRAOaIENT.

It is mot an evidence OF guilt il
the party impsached, but Q challeng
to him to prove his innocence on forma
trial impeachment is high legislative pre-
rogstve put into the hands Of the immediate
Representatives Of the people, which empow
ers them to call public servants Of any ranl
to an immediate accountability for bad con
duct and bad character. The impeachin(
branch Of the Legislature is the direct repre-.
sentative Of the people Of the State BY which
they are projected against official villainy'
He who in any Aduciary capacity perpetratea
crime is liable to criminal prosecution be-
fore tho courts whore his crime vas com.
mitted. He who in the highest fiduciary
capacity in which he has been placed by the
people of the State at large commits an off,
oiGl crime, and basely perverts the trust re.
posed in him, sins against the whole State and
is justly liable to b accused, tried and
condemned by the highest authority OF the
State. To this end the lower branch Of the
Legislature becomes, as it we're, Grand
Jury Of the Commonwealth, while the upper
branch, in its turn, is transformed into q
court of Law for the purposes Of the trial. The
Chamber of Representatives is the accuser
and the prosecutor, the Senate ia the court
and jury. Accusation suspends the official
fnpctions of the accused, the adverse finding
of the Senate removes the accused from
Office, while favorable verdict or finding
restores him to Office without detriment as to
salary or fees. Impeachment is the last re-
sort Of the people against wicked off ,ials. It
is very solemn procedure. full Of grave and
momentous consequences, and one that
should not be invoked except for good and
sufficient cause.
With this preface We quote the Constitu-
ton aud laws of this State respecting this
hallowed and venerable remedy for official
malfeasance:
STATE CoNsr1TuT1oN-ART.9 5-The power
OF impeachment shall be vested in the House
of Representative
ART. 96-Inpeachment Of the Governor,
Lieutenant Governor, Attorney General, Sec
rotary of State, Auditor of Public Accounts,
State Treasurer, Superintendent Of Public
Education. and Of the judges Of inferior
courts, justices of the peace excepted, shall
be tried by the Senate; the Chief Justice of
the Supreme Court, or the Senior Associate
Judge thereof, shall preside during the trial
Of such impeachments. Impeachments Of
the Judges Of the Supreme Court shall be
tried by The Senate. when sitting as a court
of impeachment the Senators shall be upon
osth or affirmation, and no person shall be
convicted without the concurrence Of two
thirds Of the Senators present,
Art. 97-Judgments in cases of impeach-
ment shall extend only to removal from Off %
and disqualification from holding any Office
of honor, trust or profit in the State; but the
convicted party shall, nevertheless, be sub
ject to Indictment trial and punishment &C.
cording to law.
ART 53-In case of impeachment of the Gov
ernor, his removal from Office, death, refusal,
or inability to qualify or to discharge the powers
and duties of his Office, resignation or absence
from the State, the powers and duties of the
Office shall devolve upon the Lieutenant Gov
ernor for the residue of the term, or until the
Governor, absent or impeached, shall return
or be acquitted, or the disability be removed.
The General Assembly may provide by law
for the case of removal, impeachment, death,
disability, or refusal to qualify,
Of both the Governor and Lieutenant Cover
nor, declaring what officer shall act as Cover
nor; and such officer shall act accordingly,
until the disability be removed, or for the re-
of the term.
In pursuance and by the authority Of these
provisions Of the Constitution, the General
has from time to time declared the
manner in which impeachment shall be
brought and tried. These statutory provi-
sions are comprised in the Revised Statutes Of
the State under the title of Impeachment"
in articles 1888 to 1745 inclusive. The
method therein prescribed is obligatory upon
The Legislature until changed by repeating
Dr. amendatory statutes, which, Of course,
must SECURE the concurrent 90 ion of both
Houses. That method is briefly % follows:
A person or persons, who wish to accuse q
public officer before the Legislature, shall
address q memorial to the Lower House, set
ting forth the illegal act or acts of such off,
Ger, and such memorial shall be signed and
sworn to, with list Of, witnesses, and 3 speci-
location of the charges which each of such
witnesses can substantiate by his testimony.
See Sec. 1882
Such memorial goes to Q committee who'l
hall first examine it and the accompanying
8uO s00A OAt0 I00 ooOO0OO 010 t0o
witnesses against him to appear and answer
u testify, "either during the same session Of
he Legislature, or any subsequent session
hereof, according as said committee may
ieem expedient, taking into consideration the
lime that the General Assembly still has to
lit The accused may also, on his part, ap-
oly to the committee to obtain the necessary
stations for the witnesses he may wish to
summon in his Defense" (Sec. 1897
Such committee must swear and examine
take their testimony in writing, and
hen report to the House whether in their
opinion the charges are we'll founded; and
hen the House, "after having obtained all
necessary information, shall decide whether it
De. deemed expedient to proceed BY means Of
or address" A favorable re-
port adopted by the House absolves the &C
,used. (Sec 174O) In another section pro-