The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-03-02

part OF December, 1874, when was under
discussion the question Of diversion Of
the State interest fund for the purpose
OF paying the Metropolitan police
whereas the said w. p. Kellogg was
present, as he we'll knew, at said meet
ing, and thereby committed the crime
Of perjury and false statement under
oath, whereby the said w. P. Kellogg,
acting Governor OF the State OF Louisi.
ana, did commit and was guilty of q
high crime and misdemeanor In Office.
ARTICLE XII.
That the said w. P. Kellogg, acting
Governor OF the State Of Louisiana, In
or about the month of May and subse-
lawfully interfere with Geo. II. braugh n,
Judge Of the Superior Criminal Court for
the Parish OF Orleans, and used the infiu-
ence Of his official position to overthrow
the Independence OF the Judiciary of the
State OF Louisiana, In violation OF
the constitution and laws of the State,
whereby the said w. p. Kellogg, acting
Governor OF the State Of Louisiana, was
guilty Of and did commit high crime
and misdemeanor in Office.
ARTICLE XIII.
That the said w. p. Kellogg, acting
Governor OF the State OF Louisiana, on,
or about the month OF August, 1875,
pending the indictment OF Charles Clin-
ton, State Auditor, for embezzlement OF
the public funds and misdemeanor In
office, before the Superior Criminal
Court for the parish OF Orleans, did
the office Of Judge OF said court and ap-
pointed In his stead H. II. Steele
Judge Of said court after said H. II.
Steele, RS Assistant Attorney General.
had refused to prosecute said Clinton,
and after he had publicly de-
clared that, in his opinion, Charles
Clinton was innocent OF the
charges preferred, and then pending
against him by Indictment before said
Superior Criminal Court for the parish
Of Orleans, In violation Of the constitu-
said w. p. Kellogg was guilty OF and
did commit a high crime and INSIDE
meanor in office. ta
ARTICLE XIV.
That said w. p. Kellogg. acting Gov
ernOr OF the State OF Louisiana, in the
month OF February, 1875, and while the
House of Representatives was inveSti-
eating charges against said w. p. kel-
logg OF high crimes and misdemeanors
In Office, did, in view Of forestalling the
action OF the House and preventing his
impeachment, call in extra session
the Senate of the State Of Louisiana to
meet on the I'd day, OF March, 1876, but
neglected to call the House in extra
session for the same day, in violation of
the constitution and laws OF the State
81 Louisiana, whereby said w. ?. Kel-
logg was guilty Of, and did commit, a
high crime and misdemeapOr In office.
Mr.. Wilt moved that the report and
the first article OF impeachment be
Mr.. Matthews objected that the mo-
ton was not in order; that other bust
ness had precedence and that the rules
would have to be suspended.
The Speaker again ruled that i'm
parchment was q privileged question;
that it was q constitutional duty, and
that the inferior law, the rules OF the
House, could not stand as an impedi-
ment to the supreme law.
Then motions to consume time were
again resorted to by the minority, Mr.,
Demas, who is always conspicuous in
such tactics, went so. far as to accuse
the Chair OF being q more instrument Of
the majority OF the House, ruling with
out regard to right or wrong. This con-
tempt brought on long discussion,
resulting in Mr.. Demas being COM
PEELED to purge himself OF Intentional
contempt to the Chair.
The House having come back to Mr..
Wiltz's motion, he addressed the House
in favor Of the report and the articles,
referring in an impressive manner TO
the coptumely with which the Senate
had treated the House and the House
Committee. He also animadyerted to the
unseemly conduct Of the Chief Justice
behind the scenes, SO to speak, to APP
pear on the stage tofperfOrm HIS allotted
part when the prompter's call was
heard. That the highest officer in the
State, in point Of dignity, should thus
abuse his high authority, had few par
allels In history. In the pettiest case
before an ordinary court of justice, If
the prosecuting officer SHOULD happen
to be absent, the case would be con-
but here was q case involving /
the official conduct Of the chief magis |
trate, involving the constitution, the
laws and the hon or of the State,
and the prosecuting committee was
denied hearing at the tribunal to
whom they wore delegated TO present
the greatest OF public grievances. Mr..
Witt demanded the previous question
upon his motion, and 1t was ordered.
Then tho report OF the committee and
the first article OF impeachment were |
adopted. This was the test question,
and the vote thereon stood: Yeas "a,
nays 80. 1t was a strict party vote, ex-
,ept that Mr.. Stafford Conservative |
voted again with the minority on this
subject.
The original articles contained an
accusation against Kellogg OF failing to
send an account, as required by law, OF
his contingent fund. Mr.. Hall having
explained that the account had been
rendered, but had not been received
until very lately by the Committee on
Expenses, Of which he was
chairman, owing to some displacement
n the clerical department, that article,
therefore, was struck out.
Mr.. Hahn, when his name was called,
rave an explanation of his vote. Having
seen elected unanimously by the people
II his parish, Republicans and Demo
,rats, he claimed an independent posi-
ion. Though Republican, he was no
ldmirer of what were called Republican
eaders in Louisiana. He was a Repub-
lean from conviction, but he attended
10 Republican caucus and did not allow
to be dictated to by caucuses
This impeachment, however, he did not
ION a dor q, r,,.a ctfCa1 mnucrrro Ha made