New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-02-29


!739 is not applicable to this case, for it re-
latts to case when there is q private pros
ecutor and the proceedings do not originate
In the grand inquest OF the State. That
law was passed in 1855, and if for no other
reason, it is not applicable to the members
Of this House under the constitution of
1868. There are things we are bound
impeached April 4, 1870, and it was
the duty of the Governor then, to appoint
new Auditor, which he did not do Again,
in April. 1873, he appointed G. II. Braughn,
and did not send his name to the Senate.
AZ he was not confirmed, it was the duty of
the Governor to ill the vacancy thus
created. But admit he was properly con-
tiuued, then the Governor violated article
eighty -oue of the constitution, prescribing
the manner of removing judges by an ad-
dress of twu-.hirds of the General Assem-
bly,. These reasons ara amply sufficient to
justify the impeachment. He would not,
however, vote for it unless he believed the
charges were sufficient and MADE on CLEAR.
eubstau tial grounds. No s'lite or turmoil
or vi, lence is Intended. With the cons,itu.
ton at our back We will do our duty. and
if the Senate DO theirs. Kellogg's reign is
short.
(Speaker Estilette in the chair
Air. Lowell t. referred the iginal PROPOSE
ton Of compromise, and said he believed
it would result in this. April ID, 1874,
House bill No. was passed by vote of
SO 10 Is, only t;vo or three Republicans vot
ins with the minority, and the so-called
Democratic members ct the House then
resolved not to disturb the Governor or the
Senate. He read tbs resolution. Now, on
the last day but one OF this session a nieM-
ber Who advocated this compromise, man
who came 10 jo,u bands ia holy friendship,
Introduced q resolution to inpeact the
~ hi
The first whereas recites that tie commit
| tee fouad that money had been divert d,
! but that it was done before April II, 1873,
and therefore they can not do what they
| would like to do ii they hadn't given boud
| they wouldn't do it. Then the nrst where
a. calls The Governor the ''actius' Gov
| ernor. II acting, he is Governor. He 10
| either Governor or q citizen. lie never
| was Lieutenant Governor. ana has not
| riser by TIE removal OF the Governor. AID
| who ever heard OF an indictment that did
| noJ tell what crime was cGmmlttedt Ii Ia
| Star Chamber proceeding, and l send
| the terra home to them, originating. tried
| aud judged In caucus, that Governor ket-
| logg IS to be impsached for what. Beci
| he did not suspend Auditor Clinton This
| is "a matter of law. The Governor differed
| from me, !or l thought he was cut Of office.
| He took counsel OF the most eminent
| LAWYERS in the State, and there are none
more eminent in the United States, who
| saii Clinton was not cut OF Office, but the
| Governor should institute legal proceedings
through tLs Attorney General. lie did SO in
both courts. Judge Hawkins decided ad-
| versely, and il tie Superior Grim nal Court,
| after four long days, the jury failed 70
agree, and the case is still pending. As for
Judge Braughp, the Governor dld not ap-
point hin. lie was appointed by the la
| mentad Attocha, the Governors bosom
| friend, auj afte r his death was continued N
| Office out of respect to his memory. Mr.
Lowell subsequently corrected this, stattng <
the Governor had appointed him tne day
after J ge Attocha's death. Then, as was
right, the Governor appoin ed Judge Steele,
and his course is shown to be right by the
decisions OF the Supreme Court ln remand
ing every case tried uy Judge Brauahn.
That's the charge, that the Governor hap
pened to know something about the law.
The REPUBLICAN contains tbs correct detlnl-
tion oi impeachment. Ii is this accusatlon Il
aud prosecution or trial, ii legislative
body, Of treason or other high crimes.
| agree that this is g grand inquest. aud that
il has tie right to impeach any officer, out
We have ro5 the right to say that he Is
functus oficio That is the law, and it can
not % cJutroveited. 1t has always been
the law of England from whence we derive
it, and it permeates through eur entire sy5-
| tenn.
| Mr Wilt epoke concerning the investiga
ton OK the Auditor aud Treasurer. During
that the con mnittee had found that funds
that should nave betn ht Id sacred had beeu
diverted from their proper channel, tai en-
from the interest fund and used TO pay tue
Metropolitan police. Any one. Repubilcan Al
or Democrat, white Or black, reading that
evidence would say the Governor should be
brought before the bar OF the n .te that It
] ni1bt hn L u ht,fh nj
diverted. Do gentlemen deny the hight oI
individual members to impe act! Through
the generosity OF the ma jOr:ty committee
was appointed. 1t might havo been made
all Democrats, but two Republicans were
added in courtesy. When /, was found IN
the grave questions presented, and that
many officers We're guilty, We struck at tha,
mar to begin with him as an example, and
saw to hiui you framed the funding law;
BY your influence and power you passed l..
and the Law you farheIed you have vlo-
lated" tie read the testimony OF Mr.. Du
buc!et relative to an interview at the Custom
house, stating the Governor had induced
hun to divert $780, 900 interest funds to pay
the Metropolitan police under pressure OF
police had the right to insist on receiving
their pay, they had done what was asked.
although the Governor and officers haG
asked too much of these unfortunate men
but was it right to take it out OF the fund
| pied ged to secure the Northern capt tllsts,
| who expected it would be considered sd
cred. Mr. Kellogg, in his testimony denles
that he was there, out Is ne oontradlcted by
+. DubUCiet, Laurent Auguste, L. r. Her
! wig and Ant. Dubuclet, and their testimony
! shows lh at his is not truthful. When 1t ls
discovered that the Governor has perlured
himself snail We for the sake of peace re-
main in our seats merely because some say
it is mot policy" or that he will be acquit
ted before suhdownl how can Repubii-
cana say that when we have brought
no charges or testimony before the
Senate There will Do no blood
shed. We will go to the Senate with
the constitution at our back and dare it tU
say we have no right to appear there. No
BODY not even thOse who opposed 1t, have
any intention of violating any part OF the
compromise but only to show that the Gov
ernor has been guilty Of crimes since then
| We shall prove that he sent Tor Judge
Braughn and insisted that he should rule
in such way "a to secure the acquittal oi
Clinton. Then he appointed man whe
had only temporary residence here as AS
sistant Attorney General. and who had
said he believed Clinton was innocent
How can tn, Attorney General pro-
ceed with that letter staring him IN the
face. And yet people inform US it Is not
policv to push this trial. The executive has
surrounded us with police who should be on
their beats protecting cur property. He
calls the Senate to hear the charges when
he knows they should go over to the next
session. How can they be tried when the
House is not in session, the managers advise
or the prosecutors to sit There is no pur
nose to create turmoil or disturbance. MIR.
Witt appealed to Republican memb bers as
to his conduct in the committee room.
Messrs Hahn and Levisee said he had
always been just, generous and tair, and
lad paid no regard to politics.