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

stead II. X. Steele, judge Of said court,
after said H. B. Steele, % Assistant Attol-
ney General, had refused to prosecute said
Clinton, apd after he had publicly declared
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 tho parish
Of Orleans. in violation of the constitution
and laws Of tho State, whereby the said w.
p. kellogg was guilty of and did commit
high crime and misdemeanor in Office.
Art. IA. That said w. p. Kellogg, acting
month of February, 1876, and while the
House of Representatives was investigating
charges against said w. P. Kellogg Of high
crimes and misdemeanors in Office, did, In
view of forestalling the action of the House
and preventing his impeachment, call in ex-
ira session the Senate of the State of Louisi-
ana. to meet on the second day Of March,
1876. but neglected to call the House in OK
ira session for the Same day, in violation of
Louisiana, whereby said w. p. Kellogg was
guilty of and did commit . high crime and
misdemeanor in Office.
Governor Kellogg submitted to the SEN
ate last evening the following communion
ton bearing upon the subject:
STATE o. LOUISIANA
Executive Department, :
New Orleans, March J, 1876. }
10 the Honorable President and Members Of the
Senate:
In accordance with q provision of the
constitution which requires me to give the
General Assembly information from time to
time respecting the situation of the State,
deem it my duty to lay before the Senate
certain facts which have q direct bearing
UPON questions of grave political impOr-
tance recently acted upon by the Senate:
l have seen in the public prints that
in the lower house of the General As
sembly during the session Of March . &C.
ries of charges were adopted, purpOrting to
be articles of impeachment against Evil
liam P. Kellogg, acting Governor of the
tee appointed Ito prepare specific articles of
impeachment against William P. Kellogg,
Governor of the State of Louisiana"
From the reports published in the pnblic
press, gather that the proceedings were
characterized by grave parliamentary ir-
rogularities, aside from the fact that the
impeachment had already been passed upon
by the Senate, sitting a. . Court of I'm,
peacbment, and had been finally disposed
of and judgment of acquittal entered. But
- the official journal Of the House will
probably disclose the adoption by that body
Of q series of fourteen charges against the
Executive of the State, it seems to me
proper, Notwithstanding the gross irregu-
larities of form which have characterized
the introduction and adoption of these
charges, that the journal of the Senate
of their grOundlessness and friv0lity.
take up the accusations in the order in
which they are stated to have passed the
House:
!. appointed Settoon a. State super
visor of registration of ono of the distant
parishes. on the Recommendation of the State
Senator of that district. 1t is utterly i'm
possible for the Governor to be personally
acquainted with the exact domicile of every
officer he is called upon to appoint. did not
know that Settoon was resident of Tangi-
WASHING ton parish. and do not know it
now. 1t requires bat ten days for
q citizen of the State to acquire q residen 80
in parish under the constitution.
2. Taking exception to the phraseology
of this charge, admit the substantial fact
stated that did remove one tax collector
and appoint another. and the courts of
this State. from the lowest to the highest,
have repeatedly decided that the Governor
has the legal right to do 80 without alleg-
ing causes.
Auditor, 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 q consti
tutiOnal officer can not be deprived of his
Office except for the causes and in the man
ner pointed out in the constitution and laws
passed in conformity to the constitution. l
cite article seventy of the constitution, and
State vs.. Towne (2l An, 1901. did all
was empowered to do in the premises. in
structed the law officers of the State to
prosecute Mr.. Clinton clvilly and criminally.
4. / did not appoint experts every three
months, whether there was any necessity to
90 or not, to examine into the books of
the Auditor and Treasurer. The statutes
authorizing the Governor to do so contain
the words, 'if in his opinion the public in
| interest seemed to require it, l have ap-
pointed experts under section eighty-nine,
act No. AZ, 1871.
S. do not deny the assertion that / 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 AMI Treasurer there
was no necessity for the renewal of their
commissions.
6. paid to Mr.. Gardner and other ex-
perts appointed $4,000 out of my contingent
| fund as required by law. did not pay the
sum of $500 to said experts out of fund
appropriated by law for another purpose,
as the record of the State Auditors office
will show. l transmit letter of the Audi
tor fully substantiatng the statement.
T. admit that in the belief that rev0-
lutionary attempt to subvert the govern
ment was designed by members Of the
House of Representatives.. acting IN col.
fusion with bodies outside the General As
sembly, numbers of policemen have been
quietly and unobtrusively stationed by the
police authorities, within the past few days,
| in various parts of the State House, not for
the purpose of fomenting strife. as charged,
but to preserve the peace in case of neces-
sity. The action of the police authorities
has my entire approval.
8. did permit George H. Braughn to re-
main in office IS judge of the Superior
Criminal Court after the adjournment Of
the Senate, though his appointment had not
been confirmed by them. Article l22 Of the
constitution declares that all officers shall
continue to discharge the duties of their
offices until their successors shall have been
indicted into Office.
g. did remove one police commissioner
and appoint another Section 2238, Revised
Statutes, expressly empowers the Governor
to do 40.
TO- did appoint H. X. Steele judge of
the Superior Criminal Court in place of G..
81. Braughn, whose commission had ex-
PRED ana had the constitutional and legal
DO wer to do 80. Judge Steele did formerly
reside in Tensas parish, but when l ap-
pointed him he had been living in New Or
leans for more than six months.
IL. did testify before legislative COM
mittee that l was not present in the office
of Collector Casey on a certain occasion
when certain persons, namely, 5. b. Pack
ard, Alfred Shaw, Henry &. Dibble and
others were stated to have been present.
MY statement was true; was not there, as
the gentlemen above named will assert.
r. 1t is untrue that attempted unlaw-
fully to interfere with Judge Braughn in
tho axarciaa of hia official dnfi0a. l here