The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-03-08

Office. The &c developm pine Of the
trial OF Charles Clinton, Auditor,
proved that Judge Braughn
had more respect for the
independence and integrity Of the judi
ciary, than for the influence OF the ex-
ecutiye, and Immediately thereaftr he
was removed. II. K. Steele is O resi-
dent Of the parish Of Tensas and owns
Orleans only for the discharge Of official
duties.
"All district and parish officers shall
reside within their respective districts
or parishes, and shall keep their Offices
at such place therein as may be required
by law" "All civil officers shall be re-
movable by an address OF two-thirds OF
the members elect to each house Of the
General Assembly, except those whose
removal is otherwise provided for In
this constitution" Constitution of the
State Of Louisiana, articles Jos, 1C6.
ELEVENTH CHARGE OF THE HOUSE.
Art. 11.-That the said VIM. Pitt KEEL
logg, acting Governor Of the State OF
Louisiana, in the month OF February,
1876, before legislative committee APP
pointed TO examine the books and &C
counts Of the State Treasurer and Audi
tor, testified under oath that he was not
present In the Office OF Collector Casey
ut the Customhouse in New Orleans in
the latter 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 well knew, at said
meeting, and thereby committed the
crime OF perjury and false statement
under oath, whereby the said w. p KEEL
lOgg, acting Governor OF the State OF
Louisiana, did commit and was guilty
of q high crime and misdemeanOr in
Office.
ANSWER OF W. p. KELLOGG.
II. l did testify before legislative
committee that was not present In the
office Of Collector Casey on a certain
occasion when certain persons, namely.
s. b. Packard, Alfred Shaw, Henry G.
Dibble and Others were stated to have
been present. My statement was true;
was not there, as the gentlemen above
named will assert.
THE FACTS.
1t was not charged that w. p. Kellogg
was present on a certain occasion in the
Office Of Collector Casey, when s. b.
Packard, Alfred Shaw, Henry G. Dibble
and others were present. But il was
charged that W. p. Kellogg testified
under oath that he was not present in
Collector Casey's Office, at the Custom
house, in the latter part OF December,
1874, when was under discussion the
question Of the diversion OF the State in
terest fund for the purpose OF paying
the Metropolitan Police. The truth OF
this charge Is sworn to by Antoine Du-
buclet, State Treasurer; +. Dubuclet,
cashier Treasurer office; p. +. Her.
wig and Laurent Auguste. 1t is denied
under oath by W. p. Kellogg. See AL
dige's report, PIP. 4, 10, "a, rs, 81, SO, 81,
&c.
whoever shall willfully and corruptly
commit perjury, or shall by any means
procure any person to commit corrupt
and willful perjury on his oath or affirm
alton in suit, controversy, matter or
cause depending in any of the courts OF
this State, or in any deposition or af1i-
lavit taken or made pursuant to its
laws, upon conviction shall be punished
ut hard labor not more than ten nor less
than five years" Section S57, Revised
of the State Of Louisiana.
TWELFTH CHARGE OF THE HOUSE. !
Art. 12-That the said w. p. Kellogg,
acting Governor Of the State of Louis |
ana, in or about the month Of May and |
during the year 1875, did !
Interfere with George III. |
Braughn, Judge of the Superior Crimi- |
nal Court for the parish of Orleans, and |
Used the influence Of his official posi-
ion to overthrow the Independence Of
,he judiciary Of the State of Louisiana.
n violation Of the constitution and laws
II the State, whereby the said w. 2.
acting Governor Of the State OF
was guilty OF and did commit
I high crime and misdemeanor in Office.
ANSWER OF W. P. KELLOGG,
IL. It is untrue that attempted I'M
awfully to interfere with Judge
in the exercise of his official
luties. herewith transmit correspond
nee containing Judge Braughn's ex-
,licit denial Of the charge.
THE FACTS.
It has been ascertained that pending
he trial of Charles Clinton, Auditor OF
,ublic accounts, in July, 1875, for NAL
easance in office, w. p. Kellogg per-
onally interested himself to effect the
,cquittal OF the Auditor; aud that at
PERSONAL interview with the Judge Of
he Superior Criminal Court, after the
was In, requested, or at least
uggested. that the Judge should in
truct the jury to discharge the prisoner
s there was not sufficient evidence to
onvict him. Since that period that
'ourt has yielded to executive interfer-
nee, and criminals have escaped prose
ution and punishment, because they
to be the personal and politi-
al friends Of the Governor.
"He (the GOVERNOR shall take care
hat the laws be faithfully executed"
Constitution Of the State Of Louisiana, {
TT. 65. fa'
THIRTEENTH CHARGE OF THE HOUSE.
Art. D.-That the said w. P. Kellogg,
citing Governor Of the State OF Louisi- 7
ma, in or about the month OF August,
,75, pending the indictment Of Charles
linton, State Auditor, for embezzle-
lent Of the public funds, and misde-
leanor in office, before the Superior
riminal Court for the parish Of Orleans,
Id remove Judge Geo. H. Braughn from
,e Office Of judge Of the said court. and J
ppointed in his stead II. r. Steele judge
said court, after said H. r. Steele, as
ssistant Attorney General, had refused
prosecute said Clinton, and after he
I'd publicly declared that, in his opin- :
n, Charles Clinton was innocent OF the :