The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-02-12
IMPEACHMENT THE DUTY OF THE
HOUR.

favor oil the improvements VI oo 't''o"
Gov. Kellogg and do facto Lieut.. Gov.
Antoine, should the scalawag and ne
gro Senators insist on retaining the lie
turning Board as part OF the election
law in this oppressed and insulted State f.
and we present the following reasons
for the course the DEMOCRAT respectfully
advises
Article 90 OF tho State constitution Ia
as follows.
"In case of Impeachment of the Gov
crnor. the powers and duties OF
the office shall devolve upon the Lieut..
Governor for tho residue Of the term. or
until the Governor. absent or impedcheo.
shall return. or BE- acquitted. or the disa-
bility DO removed. The General Assem-
bly, may provide. by law. for the case OF
removal. Impeachment. death OF
both tho Governor and Lieut. Governor.
declaring ,chdt officer shall act as Gov
erpor: and such officer shall net accord
iu0iv until the disability he removed, or
for the remainder Of the term
i Arr. "a, 1.-The Lieutenant Governor.
or officer discharging the duties Of Cor
e,nor, shall. during his administration.
receive the same compensation to which
the Governor would have been entitled
had he continued in office"
Arr. 90. Provides the manner In which
jmpedchments OF the Governor, Lieut..
Governor" etc. shall be tried"
II is perfectly evident from these arti-
cles that the word Impeachment In the
constitution means, not the trial and con
viction of the Governor or Lieut.. Gov
ernor. but the accusation, or presenta-
ton of articles of Impeachment or
charges. against such officer. AS used
In the constitution, Impeachment Is
synonymous with prosecution or u,dict-
ment, and this is its legal Specification.
It il equally clear that If the Governor
or Lieut.. Governor be impedched. that
is. accused, prosecuted or indicted, or
charged with the commission of any
offence, or with any official misconduct,
the effect or such accusation is to sus
pend the Governor or Lieut. Governor
from the power and duties OF his Office.
He cannot act from the moment Of such
accusation or impeachment until the
"impedchment' "be tried" and he
abe acquitted"
BY article %, 1.-THE power Of impeach
ment shall be vested in the House OF
Representatives
Sections 1860 and 1861 Of the Revised
Statutes OF Louisiana provide that IL the
Office of Governor becomes vacant, the
Lieutenant Governor shall be Gov
ernor: that IL the Office Of Lieutenant
Governor becomes vacant the President
of the Senate shall be Lieutenant Gov
ernor; and that Z" IL the offices Of Gov
ernor, Lieutenant Governor. and Presi-
dent Of the Senate shall become vacant,
by death, or otherwise, THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES, SHALL
DE GOVERNOR, and the Senate. at their
first meeting, shall elect a President,
who shall be Lieutenant Governor"
It Is matter Of congratulation that the
House of Representatives has the power
of relieving the State Of Louisiana of
Kellogg, Antoine, and Anderson. Kel-
logg and Antoine were never elected
Governor or Lieutenant Governor. The
former was defeated by Gov. McEnery
by near 10000 majority, and the latter
was defeated by Lieut.. Gov. Penn by a
greater majority When they were voted
for by the minority Of the voters they
were both ineligible. because they both
held Federal Offices. They are usurpers.
who have, by perjury. fraud, and the un-
lawful Interference of Federal courts
and soldiers. thrust themselves into |
Office against the wish of the people, to
the scandal Of the Federal Admins
tration, and the outrage and wrong OF
the State Of Louisiana. Anderson was
elected Senator, but he was never |
elected President Of any lawful Senate,
or by any majority OF lawful Senators.
II there is any lawful ground for the
representatives Of the people to strike
down the authority Of these three i'm
placable enemies Of the peace and pros
perity of the State, it Is their solemn
duty to do it.
Kellogg took'care to stipulate for the
protection Of his precious self in the
Wheeler adjustment. The representa-
tives agreed not to impeach him "for
past official acts" This guarantee was
in derogation of right, and is to be
strictly construed. It is limited to KEEL
logg's "past official acts" All official
acts prior to the Wheeler adjustment
are compounded, or settled, or con-
doned. Personal outrages, outside of
the scope Of his official powers and du-
ties, though perpetrated anterior to the
are not included, and off,
cial and personal misconduct since the
are not included.
1t is also to be remembered that i'm
parchment, unlike prosecutions for
crimes or offensss at law, are not re-
quired to be based on some statute, and
are not limited to the attractions Of
positive laws. The chief executive
officer Of the State is required to see
that the laws are faithfully executed.
He is the representative of the dignity,
power and purity Of the State govern
ment. It is his to veto, his to appoint,
his to superintend the execution Of the
laws; his to sign the warrant of death
Tor the convicted felon his to commute
md to pardon; his to maintain the pub