The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1876-03-03

GOV. KELLOGG'S ANSWER TO
THE ARTICLES OF I'M.
PARCHMENT.
The following was sent last night by Gov.
Kellogg to the Senate:
STATE OF LOUISIANA,
Executive Department.
New Orleans, March 2, 1876.
To the Honorable President and Members of the
Senate:
In accordance with provision of the Con-
stitution which requires me to give the Cen
eral Assembly information from time to time,
the situation of the State, deem
it my du to lay before the Senate certain
facts which have direct bearing upon ques-
acted upon by the Senate.
have seen in the public prints that in the
lower house of the General Assembly, during
the session of March l, q series OF charges
were adopted. purporting to be articles of i'm
parchment against "William P. Kellogg.
Acting Governor Of the State of Louisiana"
drawn up by . committee appointed :" to pre-
pare specific articles of impeachment aga INST
William P. Kellogg, Governor Of the State OF
Louisiana"
From the reports published in the public
press, I gather that the proceedings were
characterized by grave parliamentary irregu-
larities, aside from the fact that the impeach-
ment had already been passed upon by the
Senate, sitting as Court Of Impeachment,
and had been finally disposed ofand judgment
of acquittal entered. But as the official jour-
nal of the House will probably disclose the
adoption by that body of series of fourteen
charges against the Executive of the State, it
seems to me proper, Notwithstanding the
gross irregularities of form which have char
acterized the introduction and adoption OF
these charges, that the journal of the Senate
should contain an authoritative exposition of
their groundlessness and frivo!ity.
take up the accusations in the order in
which they are stated to have passed the
House:
l. appointed Se:toon as State Supervisor of
Registration of one of the distant parishes, on
the recommendation Of the State Senator of
that District II is utterly impossible for the
Governor to be personally acquainted with
the exact domicile OF every officer he is called
upon to appoint did not know that Set
toon was o resident of Tangipahoa when ap-
and do not know it now. 1t requires but ten
days for a citizen Of the Stats to acquire o
residence in parish under the Con stirution.
2. Taking exception to the phraseology of
this charge, I admit the substantial fact stated
that did remove one tax collector and ap-
pointed another, and the courts of this State,
from the lowest to the highest, have repeat
eddy decided that the Governor has the legal
right to do 40 without alleging causes.
3. did not remove Charles Clinton, Audi.
tor, after he had been impeached by the
House and indicted by the Grand Jury. My
reason for not doing SO was that the Supreme
Court had decided that constitutional officer
can not be deprived of his Office except for
the causes and in the manner pointed out in
the Constitution and laws passed in conformity
to the Constitution. cite article seventy OF
the Constitution, and State vs. Towne (21 An,
1907 did all was empowered to do in tho
premises. instructed the law officers of the
State to prosecute Mr.. Clinton civilly and
criminally.
4. I did NOT appoint experts every three
months, whether there was any necessity to
do so or not, to examine into the books OF the
Auditor and Treasurer. The statutes author
izing the Governor to do 50 contain the
words, eff in his opinion the pablo interests
require it. Whenever the public interest
seemed to require it, l have appointed experts
under section eighty-nine, Ac: No. AZ, 1871
5. I do not deny the assertion that I did
not renew the commission Of the experts, but
as the letters of instruction issued to them
authorized them to examine the books both of
the Auditor and Treasurer there was 40 ne
cessity for the renewal of their commissions.
6. paid to Mr.. Gardner and other experts
appointed $1,000 out of my contingent fund as
required by law. I did not pay the sum Of
$500 to said experts out Of . fund appropria-
ted by law for another purpose, as the record
Of the State Auditors Office will show. l
transmit letter of the Auditor fully substan-
tiating the statement
tionary attempt to subvert the government
was designed by members of the House Of
Representatives, acting in collision with bo-
dies outside the General Assembly, numbers
of policemen have been quietly and unobtru-
sively stationed by the police authorities,
within the past few days, in various parts Of
the State House, not for the purpose Of TO-
menting strife. as charged, but to preserve
the peace in case of necessity. The action
of the police authorities has my entire appro-
val
8. did permit George q. Braughn to re-
main in Office Is judge of the Superior Oriml-
nal Court after the adjournment Of the Senate,
though his appointment had not been con-
UIm6O ny tu0Ws AEtlCl0 LIZ Oh t0O OO09IItQ.
ton declares that all officers shall continue
to discharge the duties of their offices until
their Successors shall have been indicted into
Office.
9. I did remove one police commissioner
and appoint another. Section 1913, Revised
Statutes, expressly empowers the Governor to
do SO.
10. did appoint q. R. Steele Judge Of the
Superior Criminal Court in place Of G.. III.
Braughn, whose commission had expired,
and had the constitutional and legal power to
do SO. Judge Steele did formerly reside in
Tensas parish, but whom I appointed him he
had been living in New Orleans for more than
six months.
II. did testify before legislative commit
tee that was not present in the Office Of Col
lector Casey on q certain occasion when GER
tain persons, namely, s. B. Packard, Alfred
Shaw, Henry 9. Dibble aud others were stated
to have been present My statement was
true; was not there, as the gentlemen above
named will assert.
IL. 1t is untrue that attempted unlaw.
fully to interfere with Judge Braughn in the
exerciaa Of his off eial dntiea I horawith