New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-03-02
the STATE HOUSE.


Senate.
The Senate was called to order at 9:45
A. NJ, and on call of the roll fourteen Sen.
aters answered to their names.
A recess of half an hour was taken for
the purpose of allowing the Sergeant-at-
Arms time to bring in the absent members.
At the expiration of that time the Senate
again met, with quorum present.
Prayer by the chaplain.
Mr.. Robertson presented petition from
the Property Holders Union, which he
wished to have referred to its appropriate
committee. Objections being made, it was
laid on the table, subject to call.
Mr.. Eustis rose to privileged question,
and said:
Mr.. President-I 6na published in one Of
of the daily papers, of Tuesday, February
~, the following statement:
The Chief Justice now formally declared
the scuuittal of w. p. Kellogg"
Mr.. Preeident-Under the constitution Of
this State, and as a member of the Senate,
/ became member Of the High Court of
Impeachment, and l was present during
its session from the moment of it OrgaEiza
LSOu UItu lAS GOuIt dpj tuEHSu SlUc
die paid heed TO is proceedings
and listened TO everything that was
eaid in thst court; and sta g
that there we're no specific charges prs
etnred against William Pitt Kellogg, bnt
that under the rrliug of tine court he stands
acquitted only of the charge oNhigh crimes
ana misdemeano's in office; and nots, that
from the crime Of marder down to that Of
petty larceny, person can not be tried
nnless specific charges have heen presented
against him. William 2. Kellogg, there
fore, stands acquitted of the charge OF high
crimes and misdemeauors, simply upon the
declaration of the Chief Jnst:ca, because.
sir, there wers no specific charges CT any
kind preferred against him before that
tribunal.
Therefore. Mr.. President, say that it is
an imputation east upcn this Senate; it is
an imputation cast upon me as member
of this Senate, to have it declared By this
Senate sitting az court Of impeachment
that w. 2. Kellogg, Governor OF the State
of Louisiana, stands acquitted by that court
of the charges of high crimes and misde-
meaDors, when there were no specitc
charges preferred against that Governor;
when the managers On the part of the House
OF Representatives were denied hearing:
when there as not sin gle one heard On the
part Of the people Of the State OF Louisiana
or the House of Representatives,, when by
the ruling Of q majority of the members Of
that court. when by the ruling OF the pre-
siding officer, not word of discussion was
permitted upon any important question
submitted 70 that court.
Sir. as a member Of this Senate and in the
name Of the constituency l represent upon
this q or, do not hesitaue 70 state that the
Governor of the State of Louisiana stands
charged of high crimes and mis-
demeanors in office. l say. cir, that
judging by the proceeding OF that trl,
tribunal, the Governor OF the State OF
Lou eiana stands convicted Of high crimes
and risdemeanors, instead of being &C
Quilted. 1t is the first time in the history
OF this country, and l pray God it NAV be
the last, that where high public official
stands accused of any crime the tribunal
before whom he is called upon to appear
and before whom he should have been tired
shall deny his sccusers the right TO bs
heard-a right. cir, that is given them eS
tha constitution and the law of justice.
l therefore move that com mmittee OF
three be appointed by the chair, in order t,
ascertain and report to this body OF what
high crimes and misdemeanOrs the Gov
ernor Of the State CT Louisiana has been &C
quilted.
Mr.. Robertson seconded the motion.
The Chair--Will the Senator be goct
enough to State his motion again.
Mr.. Eustis-My motion was tnac IN
Chair appoint committee OF three TO a
certain and report to this body OF wha
high crimes and misdemeanors the Cove.
ncr of this State has been acquitted.
Mr.. Burch made the point of order tina
the Senator from Orleans, fourth district
rose to question Of privilege. He desire
to know from the Chair whether he recog
nizsd Tie righ. of the Senator at the saln
time 20 make motion. Can Senator VIII
obtains the floor on a question Of priSileg
at the same time make M0tionl
M Eusts-A motion is always in oder
Mr. Burch-It il, when Senator obtain
the floor properly.
Mr. Eusts-I was accorded the Hoor by
the Chair, and. MIR. President, now re
new nv motion.
Mr.. Buroh-I would like to have th
Chair rule upon my point Of order.
The Chair-The Chair is Of opinion tina
it is competent for Senator TO make
motion.
Mr.. Blunt-I rise to a point Of order
NY point of order is that when Senator
cbta rs the floor upon privileged question
lie caa not at the same time make motion
aud that toe question of privilege to which
the Senator arose does not damage his per
sonal character or his off, reputation
and. besides, he has made motion whlct
chokes off the motion pending-ths motion
upon the reference of the petition from tbs
Property Holders Union.
Tie Chair-The point of order made b.
the Senator from Natchitoches is not With.
the power of the Chair to control.
Mr. TwitcheIl-I move that the substitute
he adopted.
Mr. Ogden-I rise to point Of order.
desire to know from the Chair whether tn
substitute is german to the subject.
The Chair-The Chair is of the opinion
that the substitute ia german to the sub
ject.
Mr. Ogden-Upon that take an appea
from the decision of the Chair
An appeal being taken the Chair wa
sustained.
After some further discussion upon th'
points of order, Mr.. Blackburn spoke
some length against the motion OF MI
Eustis, contendipg that it was the duty q
the House, and not the Senate, to prefe
charge against the Governor. But tn
House having failed to do this, in q lorna
and constitutional way, the Senate, in sell
defense and in vindication of the right, ha
summarily dispose of the case, as unworth
of any great or serious consideration. Th
Senate would doubtless be found ready &
90 into a fair and impartial trial OF tn
Governor should the House bring charge
against him in proper form, and show
willingness to prosecute with fairness an
dispatch; but the Senate was not dispose
to be outwitted by the House, and woul
not permit the Governor to be suspende'
from Office by any sort of sharp politica