***** IPV ^ ** '- ^ov* 4? v** -*ste' %/ #fe°. v** .IE-* /\ fl# * W* V ' " ' / -i*,- "> " v<. ..-^ V V* % ♦•■• v . « * '" \* .. * * *<* °Jllir ^ 0^ \d. 'o,T* A •0 V »< o V V** lV-» ,v. v* o > * * 1 1 V ,** ^ °^. '• '--'W O U I-i B O N I A ITU. ; -1 \ STATEMENT OF THE PROCEEDINGS HAD IN THE KMMABA LEGTSLATUPF. 16,6, IN J.H.ATIOS TO THE siiM of Gown I. P, Kdta, CONTATSIXG Til ALLEGED GKOUNDS OF !MPEA( HMGXT; THE GOVERNORS REFUTATION THEREOF; THE ACTIOS OF THE SEN ATI AKD THE WITHDRAWAL OF THE CHARGES BY THE HOUSE, TOGETHER WITH AX APPENDIX GIVING THE PROTOCOL OF THE WHEELER ADJUSTMENT, AND THE VOTE ON IMPEACHMENT IN THE HOUSE. COMPiLED ["OS CONVENIENCE OF REfEP.cNCE, NEW ORLEANS: PRINTED AT THE REPUBLICAN OFFICE, 94 CAMP STREET. 1876. ±L, Bourbon Faith. STATEMENT OF THE PROCEEDINGS HAD IN THE LOUISIANA LEGISLATURE, 1876, IN RELATION TO THE Impeacliment of Governor f . P. Kellogg, CONTAINING THE ALLEGED GROUNDS OF IMPEACHMENT; THE GOVERNOR'S REFUTATION THEREOF; THE ACTION OF THE SENATE, AND THE WITHDRAWAL OF THE CHARGES BY THE HOUSE, TOGETHER WITH AN APPENDIX GIVING THE PROTOCOL OF THE WHEELER ADJUSTMENT, AND THE VOTE ON IMPEACHMENT IN THE HOUSE. l D >> COMPILED FOR CONVENIENCE OF REFERENCE, NEW ORLEANS: PRINTED AT THE REPUBLICAN OFFICE, 94 CAMP STREET. 1876. S STATEMENT. New Orleans, March 4, 1876. On the third of January, 1876, the General Assembly of the State of Louisiana convened in regular session in the city of New Orleans, the duration of the session being fixed by the constitution at sixty days. The Lower House at once entered upon a series of investi- gations. Committees were appointed to investigate the accounts of the Auditor and Treasurer, to investigate the proceedings of the State Board of Liquidatiou, to investigate the affairs of the Metro- politan Police Board, etc. All these committees were author- ized to administer oaths and to send for persons and papers, and each was reinforced by the services of a stenographer. The avowed purpose of the investigations was to establish against the chief executive officers of the State some acts of criminality which would justify their removal by impeachment. RESULT OF THE INVESTIGATION. The Committee on Metropolitan Police, after three weeks' labor, produced a report censuring the Governor in one portion of it for removing a police commissioner, asserting that he had no right to do so, and in the other portion of the report charging him with re- sponsibility for the conduct of the police commissioners. The Com- mittee on the Proceedings of the Funding Board did not succeed in getting in their report till just before the close of the session, and confined themselves mainly to glittering generalities and charges of bad book-keeping. The Committee on the Accounts of the Auditor and Treasurer presented an elaborate report, charging in effect that in a time of anarchy, when a revolutionary movement had temporarily subverted the State government and suspended the collection of taxes, when the property and lives of the citizens of New Orleans were unpro- tected by legal authority, the Governor prevented the disbandment of the police force by advising and consenting to a temporary diversion of certain State funds, in order to meet a pressing public emergency,, taking ample precautions to secure the State against any possibility of loss. The committee recommended that for this act the Gov- ernor and State Treasurer should be impeached, and that certain other persons, not State officials, should be prosecuted criminally by the Attorney General. No hint or intimation of censure was cast by the committee upon the armed bodies, organized in hostility, to the laws and the constituted authorities of the State, whose actions had created the necessity for the alleged diversion of funds. The committee in their report did not find it necessary to make even a • passing allusion to the fact that during the period over which the alleged irregularities extended barricades had been erected in the streets of New Orleans, the State militia had been fired upon and numbers of them killed, and the State government had for a time been overthrown. ' Their censure was entirely confined to acts of asserted illegality committed in the interests of public order; hone was wasted upon the authors of the revolutionary violence and bloodshed which had called forth those presumed illegal acts. IMPEACHMENT SPRUNG IN THE HOUSE. This report was presented on the fifteenth of February. For ten days no action was taken or was attempted to be taken upon it. On Friday, February 25, when there remained only four working days of the sixty days' session, the Democratic members, in pur- suance of an understanding arrived at by them in secret caucus, suddenly sprung in the House of Representatives during the morn- ing hour a resolution of impeachment, disguised as a motion, and the Speaker, violating all parliamentary rules and precedents, de- clared it adopted. The proceedings are thus set forth in the official journal : Mr. Kidd moved that a committee of seven be appointed by the Speaker to investigate what charges, if any, there are against Wil- liam P. Kellogg, demanding his impeachment, and that they report as early as practicable. The motion prevailed by a rising vote of 55 yeas to 25 nays. Mr. Matthews rose to a point ot order that it required a suspen- sion of the rules to consider the document at this time, as it was in substance a resolution. The Speaker decided the point out of order, as the vote had already been given, and the motion was adopted. Mr. Matthews moved a reconsideration of the vote by which the motion was adopted. Mr. Dupre moved to lay the motion to reconsider on the table, and upon the motion to lay on the table the motion to reconsider Mr. Sartain called the yeas and nays, which gave the following re- sult : Y eas — Aldige, Booth, Byrne, Burkhardt, Bayley, Blaffer, Bower, Beasley, Billiu, Collins, Carm mche, Carloss, Diiure, DeBlanc, Da- gas, Durr, Dunn, Edwards of Richland, El wards of Tangipahoa, Elliott, Gilmore, Hall, Hammond, Jeffries, Johnson of Lafourche, • Jones of Lincoln, Koontz, Kumroel, Kelly, Kidd, Luckett, Lafargue, Maginuis, Meredith, Mitchell, Matthews of Franklin, Martin, McAl- pine, Nunez, Pascal, Pipes, Roman, Richardson, Smith, Self, Sea- man, Sibilski, Schenck, Stafford, Scales, Schuler, Voorhies, Vidrine, Walker, Wiltz, Wells, Webb, Young— 58. _ Nays — Armstead, Butler, Baker, Cousin, Davidson, Dickenson, Demas, Grant, Gracien, Hill of Ascension, Hubeau, Hill of Ouachita, Hunsaker, Jourdain, Johnson of Caddo, Jones of Pointe Coupee, Keating, Keyes, Lanes, Levisee, Milon, Parker, Piles,- Raby, Sut- ton, Snaer, Stewart, Thomas, Wilson, Woods of Ouachita, Woods of West Baton Rouge, Yorke — 32. So the motion to lay upon the table the motion to reconsider was carried in the affirmative. Mr. Demas moved that the Speaker appoint upon said committee four Democrats and three Republicans. Mr. Jeffries moved to Jay Mr. Demas' motion on the table, and upon that motion Mr. Demas called for the yeas and nays, which resulted as follows: Yeas — Aldige, Booth, Byrne, Burkhardt, Bayley, Blaffer, Bower, Beasley, Billiu, Collins, Carrnouche, Carloss, Dupre, DeBlanc, Du-^ . gas, Durr, Dunn, Edwards of Tangipahoa, Edwards of Richland, Elliott, Gilmore, Hall, Hammond, Jeffries, Johnson of Lafourche, Koontz, Kummel, Kelly, Kidd, Luckett, Maginnis, Meredith, Mitch- ell, Matthews of Franklin, Martin, Nunez, Pascal, Pipes, Roman, Richardson, Smith, Self, Seaman. Sibilski, Schenck, Stafford, Scales, Schuler, Voorhies, Vidrine, Walker, Wiltz, Walters, Wells, Webb, Young — 56. Nays — Armstead, Butler, Biker, Cousin, Davidson, Dewees, Dick- enson, Demas, Gracien, Hill of Ascension, Hahn, Hubeau, Hill of Ouachita, Hunsaker, Jourdain, Johnson of Caddo, Jones of Pointe Coupee, Keating, Keyes, Lane, Lsvisee, Milon, Matthews of Tensas, Parker, Piles, Ridgeley, Raby, Sutton, Snaer, Stewart, Th >mas, Wil- son, Woods of Ouachita, Woods of West Baton Rouge, Yorke — 36. So the motion made by Mr. Demas was ordered to lie on the table. This is the account given in the official journal under the super- vision of the Speaker. As a specimen of parliamentary ruling this is bad enough, but as a matter of fact Mr. Matthews' point of order, that Mr. Kidd's "motion" was in reality a resolution, and required the consent of four-fifths of the members present before it could be entertained during the morning hour, was raised before there was even any pretense of taking a vote on Mr. Kidd's motion, and when 6 the Speaker arbitrarily overruled that point a number of Republi- can members demanded the yeas and nays upon the motion, which request was refused by the Speaker. THE COMMITTEE REPORTS. Late in the evening of the same day, the Speaker announced as the committee appointed upon Mr. Kidd's motion, the following : John Young, L. A. Wiltz, E. E. Kidd, W. B. Koontz, Jas. Jef- fries, (Democrats,) A. B. Levisee and H. Demas, (Republicans.) Immediately on learning of the appointment of the committee the Governor sent to Mr. Young, the chairman, a respectful request to be informed of the time and place of their meeting, in order that he might exercise the right conferred upon him by law, of being pres- ent, either in person or by counsel, at their investigation. No reply was given to this communication. The committee met at half-past nine the next morning, and the majority at once adopted, without investigation, the following report, which one of the members pro- duced, ready prepared, from his pocket: To the Honorable Speaker and Members of the House of Representatives : • The special committee appointed by the House to investigate the conduct of William Pitt Kellogg, to ascertain whether he has com- mitted high crimes and misdemeanors in office while discharging the duties of Governor of the State of Louisiana, respectfully beg leave to report: That they have found upon investigation that the said William Pitt Kellogg, while acting as Governor of the State of Louisiana, has committed many violations in his official capacity in exercising the functions of Governor of the constitution and laws of the State of Louisiana, and do submit the following preamble and resolutions for the consideration of the House, and recommend their adoption: Whereas, Testimony taken by a committee of this House dis- closes the fact that William Pitt Kellogg, while acting as Governor of the State of Louisiana, and exercising the functions of said office in the month of October, 18/4, and in the month of January, 1875, at and in the parish of Orleans, did aid and abet and was ac- cessory before the fact to a double crime against the State of Louis- iana, the laws and constitution thereof, in procuring the withdrawal of money from the State treasury without any lawful warrant for so doing, and in causing it to be taken from a fund set apart by the constitution and laws to pay the interest on the consolidated bonds issued by the Funding Board, which the faith of the State was solemnly pledged to maintain sacred and inviolate, and that this felonious tampering with the honor of the State and its bondhold- ing creditors was accomplished by means of the power which his official position as Governor gave him over the State Treasurer, who, as the evidence shows, was very reluctant to violate the law, and only did so at the pressing instigation and importunity of the said William P. Kellogg; and Whereas, Many of the Democratic and Conservative members of this House feel bound in good faith by the terms of the adjustment known as the Wheeler compromise not to disturb the said William Pitt Kellogg for official misconduct occurring anterior to the four- teenth of April, 1875; and Whereas, Your committee find upon investigation that said William Pitt Kellogg, in disregard of the high duties imposed on him by the constitution and laws of the State of Louisiana, while discharging and exercising the functions of said office of Governor, and in violation of the constitution and laws of the State of Louisi- ana, and his official oath as Governor to support and maintain the same, has as acting Governor of the State of Louisiana since and subsequent to the fourteenth day of April, 1875, been guilty of many and divers high crimes and misdemeanors in office against the laws, the constitution, and the people of the State of Louisiana; therefore be it Resolved by the House of Representatives of the State of Louisiana, That William P. Kellogg, acting Governor of the State of Louisiana, be and is hereby impeached for high crimes and misdemeanors in office committed against the constitution and laws of the State of Louisiana; be it further Resolved by the House of Representatives of the State of Louisi- ana, That a committee of five members of this House be appointed by the Speaker to go to the Senate of the State of Louisiana, and at the bar thereof impeach William P. Kellogg of high crimes and misdemeanors in office committed since April 14, 1875, and acquaint the Senate that the House of Representatives will in due time exhibit particular articles of impeachment against him, and that the committee demand that the Senate take order for the ap- pearance of said William P. Kellogg to answer the said impeach- ment; be it further Resolved, That a committee of five be appointed by the Speaker thereof, to prepare and present for the consideration of the House articles of impeachment against William Pitt Kellogg, acting Governor of the State of Louisiana, for high crimes and misde- meanors in office, and that they be authorized and empowered to send for persons and papers in furtherance of their investigations. Respectfully submitted, JOHN YOUNG, Chairman; LOUIS A. WILTZ, E. E. KIDD, W. B. KOONTZ, JAMES JEFFRIES. 8 Messrs. Levisee and Demas drew up and presented the following protest as a minority report: New Orleans, February 26, 1876. To the Honorable Speaker and Members of the House of Representatives: Just previous to the adjournment of the House yesterday the undersigned were designated by the Speaker as members of a com- mittee appointed in pursuance of the following resolution by Mr. Kidd: " I move that a committee of seven be appointed by the Speaker to investigate what charges if any there are against W. P. Kel- logg demanding his impeachment, and that they report as early as practicable.'' Late last evening we were informed that the committee would meet at half-past nine o'clock this morning, sharp. In the meantime the Governor addressed to the committee, in writing, the following request: " I respectfully request to be informed when your committee pro- poses to enter upon this investigation, in order that I may appear in person or by counsel, as provided by section 1739, Revised Statutes. " Very respectfully, your obedient servant, " W. P. KELLOGG." The majority of the committee refused to accede to this request. As members of the committee, we demanded an opportunity to in- vestigate the charges made. This has been denied us. The man- ner in which the resolution for the appointment of the committee was sprung yesterday in the House and forced through without the requisite suspension of the rules, and all the proceedings had thereunder, appear to us altogether unjustifiable, and as indicating a determination on the part of the majority, without regard to precedent, parliamentary law, or the constitution of the State, or common justice, to attempt to inaugurate revolution to subvert the government. The resolution adopted on yesterday calls for an investigation as to the charges against W. P. Kellogg, but no investigation has been had; not one word of testimony of any kind whatever has been ad- duced. Nevertheless, the committee have determined by a majority to make a report to the House charging the Governor with high crimes and misdemeanors in office, and asking for the appoin'ment of a committee to report him to the Senate for trial. In the opin- ion of the undersigned such haste is unbecoming the dignity of this House, and operates injustice to the accused. We therefore protest against the action of the committee, and de- mand of the House what the committee have denied us, the right to hear the witnesses and evidence on which so grave charges are based before they shall take any action on the report presented by a ma- jority of the committee. Respectfully submitted, A. B. LEVISEE, HENRY DEMAS. RECEPTION OF THE REPOllTS. On the assembling of the House of Representatives at 10 A. M. the same day, a motion was made from the Republican side of the House to discharge the committee appointed to investigate what charges, if any, there were against Wm. P. Kellogg, Governor. This motion was voted down, but the test vote on this and other points raised by the Republicans indicated that the Democrats could not get a suspension of the rules to take up the report at that time, whereupon during a lull in the proceedings the Speaker assumed to declare that the House had given its unanimous consent to the re- ception of the report. Fully twenty Republican members rose at once to protest against this arbitrary ruling, but the Speaker de- cided that their objections came too late and that the report was properly before the House. This was so transparent a trick and created so much confusion that finally a motion was made on the Democratic side of the House and carried to lay the whole subject over till the following Monday, the last day but two of the session. There was never any honest or sincere purpose on the part of the leaders in the impeachment plot to press impeachment to its legitimate result — conviction or acquittal. No one of the numer- ous investigations had disclosed any offense committed by the Gov- ernor which could be made the basis even of a fair trial, much less of a conviction. The design was to impeach so as to suspend from office and to adjourn without action, so as to leave the Governor suspended. The constitution of the State contains this provision: Art. 53. In cases of impeachment of the Governor, his removal from office, death, refusal or inability to qualify, or to discharge the powers and duties of his office, resignation or absence from the State, the powers and duties of his office shall devolve upon the Lieuten- ant Governor for the residue of the term, or until the Governor, ab- sent or impeached, shall return or be acquitted, or the disability re- moved. The General Assembly may provide by law for the case of removal, impeachment, death, resignation, disability, or refusal to qualify of both the Governor and the Lieutenant Governor, de- claring what officer shall act as Governor; aud such officer shall act accordingly until the disability be removed, or for the remainder of the term. It was supposed that if the Governor and Lieutenant Governor could be suspended by impeachment for the balance of their term, 10 Mr. Estilette, the Democratic Speaker, would become the acting Governor. The New Orleans Democrat, the organ of the conspira- tors, openly and repeatedly proclaimed this programme. It advo- cated the impeachment not only of the Governor and Lieutenant Governor, but also of the President of the Senate and the Judges of the Supreme Court. The following are extracts from editorials pub- lished in the Democrat about this time : If Kellogg should be impeached, it is Antoine's duty to assume the executive office and functions. If he fails, it will be evidence, on his part, of an intent to aid and abet Kellogg in his lawlessness. It will be evidence of an intent to obstruct and defeat the due process of the law. It will be a flagrant act of resistance to the effort of the people's representatives to bring a guilty official to justice. If he fails, the House should assert its powers by impeaching him also, and all others who stand in the way of full and fair investigation of the matters charged against Kellogg. Let it present to the Senate its impeachment of Kellogg, of An- toine, and Anderson, and let Mr. Estilette take charge of the execu- tive office. Let the House also impeach Ludeling, Taliaferro, Howell, and Hawkins. Impeachment will suspend them. Let Mr. Estilette then call the General Assembly in extra session, if he sees fit, and appoint judges ad interim in place of those who may be im- peached. If the House will see that the impeachment is made effective, by declaring Mr. Estilette Acting Governor, the people will enforce Mr. Estilette's authority. As Governor he will command the militia. He can suspend such generals as Campbell, and find generals who will command and lead his militia should resistance be offered by the conspirators to the enforcement of the law. There were several points which had not entered into the calcu- lation of the revolutionists, among others, the existence of a law removing the Speaker altogether out of the line of succession to the Gubernatorial office. PRECAUTIONS BY THE GOVERNOR. In the meantime, Gov. Kellogg, being convinced that it was not the purpose of the Democrats to bring him to trial, even if they had any valid charges against him, and being assured that their object was to force a resolution through the House during the last hours of the session, and then to adjourn without bringing him to trial, expecting thus to leave him suspended from office for the balance of his term, issued the following proclamation, convening the Senate in extra session : 11 proclamation. State of Louisiana, Executive Department, New Orleans, February 25, 1876. Whereas, The public interests seem to demand that the Senate of the State of Louisiana be continued in session beyond the sec- ond day of March, A. D. 1876, for the purpose of considering any executive or other business that may be brought before them, or for the purpose of sitting as a court of impeachment, if necessary, Now, therefore, I, William P. Kellogg, Governor of the State of Louisiana, do hereby convene the Senate of the State of Louisiana in extra session to commence immediately on the expiration of the present regular session, on Thursday, the second day of March, 1876, and to continue for and during the space of ten days. Given under my hand and the seal of tbe State hereto attached, this twenty-fifth day of February, A. D. 1876, and of the independ- ence of the United States the one hundredth. WM. P. KELLOGG. By the Governor: P. G. Deslonde, Secretary of State. He also addressed to the Senate the following communication: State of Louisiana, Executive Department, New Orleans, February 26, 1876. To the Honorable President and Members of the Senate: An act was introduced in your honorable body during the regular session of 1815 entitled an act to repeal sections 1560 and 1561 of the Revised Statutes of 1870, and to provide the manner of filling any vacancy that may exist in the offices of Governor and Lieuten- ant Governor, and relative to the suspension and impeachment of the Governor and Lieutenant Governor, and for other purposes. It was designated in your proceedings as Senate bill No. 126, an act to repeal sections 1560 and 1561 Revised Statutes, and for other purposes. On the twenty-first of February, 1875, it passed the Senate (Senate journal, page 122). On the twenty-fifth of Feb- ruary it was transmitted to the House, and the concurrence of that body was asked therein (House journal, page 108). It was referred to the Committee on Judiciary the same day (House journal, page 110); was reported favorably by that committee, and passed by the House, March 1, 1875 (House journal, page 124). The Senate was notified of that fact March 2 (Senate journal, page 151). The bill was enrolled, and was received by the Executive March 5, and was approved and signed by him April 13, 1875, then becoming a law under article sixty-six of the State constitution. The passage of this act by the General Assembly was understood to be a precautionary measure on the part of the Republican mem- 12 bers against possible treachery and bad faith on the part of their Democratic opponents. The adoption of the Wheeler adjustment apparently rendered the precaution thus taken unnecessary. Recent events have, how- ever, fully justified the apprehensions entertained by those who ad- vocated the measure. I herewith transmit to you a certified copy of this law. The original enrolled bill was some time since placed among the archives of the State in the office of the Secretary of State. WM. P. KELLOGG, Governor. [Regular Session of 1875.] No. 48. AN ACT To repeal sections fifteen hundred and sixty and fifteen hundred and sixty-one of the Revised Statutes of 1870, and to provide the manner of filling any vacancy that may exist in the office of Governor and Lieutenant Governor, and rela- tive to the suspension or impeachment of the Governor and Lieutenant Gov- ernor, and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana in General Assembly convened, That sections fifteen hundred and sixty and fifteen hundred and sixty-one of the Revised Statutes of 1870 be and the same are hereby repealed. Sec 2. Be it further enacted, etc., That in case of vacancy in the office of Governor, the Lieutenant Governor shall be Governor; in case of vacancy in the office of Lieutenant Governor, the Senate shall elect a President who shall be Lieutenant Governor; if the offices of Governor and Lieutenant Governor and President of the Senate shall become vacant by death or otherwise, the Senate shall elect a President, who shall be Governor, and when he assumes the position of Governor, the Senate shall, at their first meeting, elect a President, who shall be Lieutenant Governor. Sec 3. Be it further enacted, etc., That in case the offices of Gov- ernor and Lieutenant Governor shall become vacant while the General Assembly is not in session, the President pro tern, of the Senate shall act as Governor. Sec 4. Be it further enacted, etc., That in case of the impeach- ment of the Governor or Lieutenant Governor, such impeachment shall not work a suspension until articles of impeachment preferred by the House of Representatives to the Senate, shall have been re- ceived and entered upon the journal of the Senate. Sec 5. Be it further enacted, etc., That all laws or parts of laws conflicting with this act be and the same are hereby repealed, and this act shall take effect from and after its passage. (Signed) MICHAEL HAHN, Speaker of the House of Representatives. (Signed) C. C. ANTOINE, Lieutenant Governor and President of the Senate. Approved April 13, 1875. (Signed) WM. P. KELLOGG, Governor of the State of Louisiana. A true copy: P. G. Deslonde, Secretary of State. 13 PKOTEST OF THE COMMERCIAL COMMUNITY. The revolutionary character of the proceedings in the House of Representatives, and the evident determination on the part of the Democrats to take possession of the government of the State, ex- cited the gravest apprehensions among the leading merchants of the city and country. The New Orleans Bulletin of Sunday, March 27, contained the following: IMPEACHMENT. We have been supplied with a copy of a memorial remonstrating against the impeachment of the Governor by the House of Repre- sentatives, and of the names of the signers, consisting of about sixty firms and individuals largely interested in the commerce and welfare of the city. We are informed that the memorial was printed late in the day and circulated for signatures after a considerable pro- portion of men in business had left their offices. The signers, how- ever, represent more than ten millions of the active capital of this city, and in another day the list could easily be so increased as to embrace more than half the capital invested in New Orleans. This expression is spontaneous, and, as will be seen, it comes chiefly from men who do not have much to say about or to do in political matters. The impression derived from the non-action of the House from the third of January to the twenty-sixth of Febru- ary, fifty-four days, created the general impression that nothing of the kind was likely to be done. Hence the memorial was prepared and circulated in haste and without formality. It is plainly in- tended as a memorial to the House of Representatives, and, as such, will be addressed to that body. The document and signatures are as follows: MEMORIAL. We, the undersigned, who are largely engaged in business here, desire to express our unqualified disapprobation of the attempt on the part of the House of Representatives to impeach, at this time, Governor Kellogg. Such a measure would be a calamity full of damage to the commercial interests of this city. It would cause distrust of the future among all classes of men interested in busi- ness here. It would damage the credit of the city and of its citi- zens. It would drive away capital, and prevent other capital from being sent here for investment. It will deter Congress from passing a levee bill, for it is well known that Democrats and Republicans in that body almost unanimously regard the solemn compromise of April, 1874, as binding in honor and in conscience. It will make for Louisiana armies of enemies abroad, and no new friends here or elsewhere. New Orleans, February 26, 1876. W. B. Schmidt, J. I. Adams & Co., F. M. Ziegler, John Phelps, Schneider & Zuberbier, W. G. Coyle & Co., 14 Mayer Bros., Clapp Bros. & Co., Jurey & Gil lis, R. T. Buckner, C. L. Walmsley & Co. E. Weber, Jno. D. Britton, Folger & Co., E. H. Yale, Jos. McElroy, E. Marqueze & Co., Leon Godchaux, Wheelock, Finlay & Co. J. Syme & Co., Navra & Offner, E. Kirkpatrick, Frederickson & Harte, Jos. West, C. Strobel, D. L. Ranlett & Co., Theo. Berkson, Hirsch, Adler & Co., B. M. Pond, G. M. Bayley, W. J. Dunne, Geo. Porteous, I. Bloom, Hoffman, Marks & Co., J. H. Oglesby, J. A. Walsh, J. Hassinger, A. G. Ober, A. J. Gomila, R. H. Burnet, Walter Huntington, E. Hernandez, D. N. Tarares, Geo. H. Collins, A. Luria, L. D'Meza, John H. Pike, A. Baldwin, M. Keiffer, Cyrus Bussey, Geo. E. Maxent, Wm. Fiorance, Chas. Gallagher, L. H. Gardner, E. W. Herrick, J. A. Lum & Co., Peter Helwege, H. R. Gogreve & Co., S. B. Logan, H. O. Seixas. Dispatches having been sent into the country parishes asking co- operation in the impeachment programme, the following reply among others was received from prominent citizens of North Louisiana: Mixden, Webster Parish, La., Feb. 21, 1816. To the Associated Press, New Orleans : A telegram has been received here asking the people to indorse the impeachment with a red-hot dispatch. We believe the public sentiment in Webster parish is opposed to impeachment at the pres- ent time without more light. D. B. HAMILTON, — GOODWILL, T. B. NEAL, CHRISTOPHER CHAFFE, JOHN C. LOYE, P. W. PAUL, BENJAMIN WADE, L. B. WATKINS, G. W. WARREN. 15 The President of the New Orleans Clearing-House also published the following card: WHAT MR. MAYNARD, MANAGER OF THE NEW ORLEANS CLEARING-HOUSE,. HAS TO SAY IN THE IMPEACHMENT QUESTION. New Orleans, Feb. 27, 1876. Editor New Orleans Times: I ask a small space in your widely-read journal, to say that I heartily approve of the card signed by a number of our intelligent merchants and bankers which appears in this (Sunday) morning edition of the Times, and I would beg to add my humble testimony to theirs, by saying that it is my firm belief that their attempt to impeach Gov. Kellogg, at this late date, (and I may add, without, in my humble judgment, any serious grounds of so doing) is fraught with great peril to our internal peace, and certainly to the very great detriment of all material interests. There remain but two or three days in which the House can transact any public business, and would it not be much the wisest plan to direct these to the passage of bills tending to the welfare of this city and State rather than frittering away precious time in a vain war of words about — nothing ? I conceive that such waste of time now rises to the huge and dark proportions of a public crime ! We can not afford to stir up strife now. Our prospects are brightening for more prosperous days in the near future. Why, then, I ask, stir up the waters — now calm and peaceful — when nought but mud would rise to the surface of our political affairs ? Gov. Kellogg, in my belief, is doing all he can for the progress of our people in material wealth and prosperity. Then let his few re- maining months of Executive life be months of immunity to himself, so far as impeachment is concerned. All our business interests cry out " trumpet-tongued " for " Peace ! Peace !" Let us have peace, and prosperity will surely follow, smiling, close at our heels. I think the good .sense of the House will evince itself to-morrow (this morning), by laying the whole impeachment business promptly on the table, to sleep forever. It will be much to their benefit. So thinks the undersigned — a well-wisher of the whole people of this beloved city and. State. ISAAC N. MAYNAKD. IMPEACHMENT ADOPTED. On Monday, February 28, the House met at ten o'clock, under cir- cumstances of much excitement, the lobbies and corridors being crowded, as well as all the corridors leading to the Hall of Repre- sentatives. 16 The majority report of the committee recommending the presenta- tion of articles of impeachment against W. P. Kellogg, Governor, was taken up, and, after nearly six hours discussion, was adopted by a vote of 61 to 45. Several Democrats refrained from voting, and one voted nay, filing among his reasons for so doing that the attempt to change the personnel of the State government by revolu- tionary measures is "Plainly, I deem, in conflict with the joint resolution passed at the extra session, which I agreed to 'not to disturb the present State government, claiming to have been elected in 1872, known as the Kellogg government,' would end in defeat, and possibly engender confusion, strife, and, perhaps, bloodshed — a state of affairs ever to be deplored, except when dictated by imperious necessity. Finally, I fear that the excitement necessarily produced will effectually estop the passage of measures of material relief so much needed and urgently demanded by our suffering people, and more important to them at this time than mere political or party advantages." The Republican members all voted nay. The remaining proceedings are thus recited in the official journal: Mr. Lowell raised the point of order that it requires a vote of two-thirds of the members present to adopt the report of the majority of the committee and the resolution accompanying the same. Which point of order the Speaker decided not to be well taken. Whereupon the Speaker announced that, by a vote of the House of Representatives, William Pitt Kellogg, Governor of the State of Louisiana, has been impeached for high crimes and misde- meanors. The Speaker of the House made the following announcement, to wit: "In pursuance of the resolutions just passed, Messrs. Young, Wiltz, Jeffries, Wells of Livingston, and Lafargue are appointed a committee to go to the Senate, and at the bar thereof, in the name of the House of Representatives and of all the people of Louisiana, to impeach William Pitt Kellogg, Governor of the State of Louisiana, of high crimes and misdemeanors in office, and acquaint the Senate that the House of Representatives will, in due time, exhibit particular articles of impeachment against him and make good the same; and the said committee are directed to demand that the Senate take order for the appearance of the said William Pitt Kellogg, to answer to said impeachment." On motion of Mr. Kidd: Ordered, That the above committee be requested to withdraw in order to carry out the object of their appointment. 17 ACQUITTAL BY THE SENATE. These proceedings occurred about four o'clock in the afternoon. The committee appointed proceeded to the Senate Chamber, and were met by a committee of the Senate. An arrangement was made that the Senate would receive the committee of the House, and that the House would continue in session until the Senate could take order, and notify the House what time would be given them to present their charges and a list of witnesses. The committee of the House were accordingly received at the bar of the Senate, and made a formal notification of the impeach- ment of the Governor by the House. The Senate immediately organized as a court of impeachment, the Chief Justice of the State presiding. A committee was appointed, and reported rules which were adopted to govern the Senate sitting as a High Court of Impeach- ment. An order was also adopted requiring the House to present its charges and a list of witnesses to the Senate sitting as a High Court of Impeachment by 7 p. m. As the Secretary of the Senate reached the door of the House of ^Representatives to notify them of this order, the House, on motion of Mr. Wiltz, incontinently adjourned till Wednesday, March 1, the last day but one of the session. The Senate, sitting as a High Court of Impeachment, thereupon took a recess until 7 p. m. On the reassembling of the court, Senator Twitchell offered the following order: Whereas, The House of Representatives has notified the Senate that it has impeached William P. Kellogg, Governor of the State of Louisiana, of high crimes and misdemeanors; and Whereas, Said House has acted in said impeachment contrary to law in this, that it has refused to permit said William P. Kellogg, Gov- ernor of the State of Louisiana, to appear before the committee appointed to investigate the charges made against him, either in person or by counsel, and has refused to furnish him with a list of the witnesses relied upon to support said charges; and, Whereas, It is a notorious fact that said impeachment is prompted by partisan and revolutionary purposes; and Whereas, It was agreed by said House, by act No. 1 of the extra session of 1875, in pursuance of the terms of the agreement known as the Wheeler adjustment, that said William P. Kellogg, Governor 2 18 of the State of Louisiana, should not be impeached for any acts committed prior to the adoption of said act, and that the House of Representatives would henceforth accord to him full support in the maintenance of the laws and the promotion of the welfare of the people and the State; and Whereas, this resolution of impeachment is in violation of said agreement; and Whereas, The acts of the said William P. Kellogg as Governor of the State of Louisiana are fully known to each and every mem- ber of this Senate, and known to us not to be criminal or unlawful; and Whereas, The Senate has adopted a notice for the House to ap- pear and make good its charges; and Whereas, Said House has hurriedly adjourned until next Wed- nesday, at 10 a. m., knowing that but little more than one day of the session will then remain; and Whereas, This adjournment is believed to have been taken for the purpose of defeating a full investigation of said charges ; and Whereas, We believe the said William P. Kellogg, Governor of the State of Louisiana, to be innocent of any criminal act or of any high crime or misdemeanor; and Whereas, The resolution adopted by the House of Representa- tives recites no specific grounds of impeachment against the said William P. Kellogg; and Whereas, The House of Representatives has failed to appear and present any specific charges or accusations against the said William P. Kellogg, Governor, notwithstanding said House has had full and sufficient time for said purpose; It is ordered by the Senate, sitting as a Court of Impeachment, That the impeachment presented by the House of Representatives be dis- missed by reason of the failure of said House to prosecute the same, and that this order have the same force and effect as a judgment of acquittal. At this stage of the proceedings the committee of the House re- appeared at the bar of the Senate, and Mr. Wiltz presented what purported to be their appointment by the Speaker of the House to act as a board of managers in the matter of the impeachment of William P. Kellogg, Governor. (This was afterward declared to be a forgery, although the Speaker was made to father it). The Senate refused to recognize the authority of the House com- mittee to so appear before the court, inasmuch as the House had hastily adjourned without appointing or authorizing the Speaker to appoint any one to act as managers. 19 The order offered by Senator Twitchell was adopted by 25 yeas to 9 nays. The Chief Justice pronounced William P. Kellogg, Governor of the State of Louisiana, acquitted of high crimes and misdemeanors, and the Senate, sitting as a High Court of Impeachment, adjourned .sine die. THE HOUSE AFTERWARDS CONCOCT CHARGES. On Wednesday, March 1, on the assembling of the House of Rep- resentatives, the Speaker made, in writing, the following announce- ment: In obedience to the resolution of impeachment passed last Mon- day, a short time after the adjournment that day I appointed to prepare articles of impeachment against William Pitt Kellogg, Gov- ernor of Louisiana, and to act as a Board of Managers, the follow- ing members, to wit: Messrs. Wiltz, Young, Kidd, Kountz, and Hall. Republican members at once called attention to the fact th?t the names now reported were not the names previously announced to the House, and that no authority had been given the Speaker to ap- point a Board of Managers. The Speaker thereupon erased the words "and to act as a Board of Managers'' from his report. Mr. Wiltz moved that the committee appointed by the Speaker be instructed to prepare articles of impeachment. This resolution being carried by a strict party vote the committee withdrew and. subsequently presented the following report: New Orleans, March 1, 1876. To the Honorable Speaker and Members of the House of Representatives: Your committee appointed to prepare specific articles of im- peachment against W. P. Kellogg, Governor of the State of Louis- iana, beg leave to report that they have had under careful consid- eration the subject, and that they herewith submit the articles which they have prepared and recommend their adoption by this honorable body. Your committee reserve to themselves the right to prepare and submit other and further articles of impeachment. Respectfully submitted, LOUIS A. WILTZ, Chairman; W. B. KOONTZ, G. L. HALL, JOHN YOUNG, E. E. KIDD. 20 Articles of impeachment exhibited by the House of Representatives, in the name of themselves and of all the people of the State of Louisiana, against William P. Kellogg, acting Governor of the State of Louisiana, in main- tenance and support of their impeachment against him for high crimes and misdemeanors in office. ARTICLE I. That the said William P. Kellogg, acting Governor of the State of Louisiana, at New Orleans, in the State of Louisiana, unmindful of the high duties of the office of Governor, on or about the month of July, 1875, did appoint D. F. Settoon, who then and still resides in the parish of Tangipahoa, supervisor of registration of the parish of Washington, whereby the said William P. Kellogg, in his ca- pacity as acting Governor of the State of Louisiana, did violate the constitution thereof, and was guilty of a high crime and misde- meanor in office. ARTICLE II. That said William P. Kellogg, acting Governor of the State of Louisiana, unmindful of the high duties of the office, at New Or- leans, in the month of February, 1876, did remove from office with- out cause J. B. Cason, tax collector of the parish of Tangipahoa, and appointed in his place and stead that Charles H. Jackson who made the false and fraudulent census return in said parish for the year 1875, whereby the said W. P. Kellogg, acting Governor of the State of Louisiana, did commit and was guilty of a high crime and misdemeanor in office. ARTICLE III. That said W. P. Kellogg, acting Governor of the State of Louis- iana, at New Orleans, unmindful of the high duties of the office, in violation of the constitution and laws of the State of Louisiana, did, after Charles Clinton, Auditor of said State, had been im- peached, on the twenty-fourth day of April, 1875, by the House of Representatives, for high crimes and misdemeanors in office, and after the said Clinton had been indicted for malfeasance in office, neglect and refuse to appoint an Auditor of Public Accounts for the time being, and until such disability should cease, whereby the said W. P. Kellogg, acting Governor of the State of Louisiana, was guilty of and did commit a high crime and misdemeanor in office. ARTICLE IV. That the said W. P. Kellogg, acting Governor of the State of Louis- iana, unmindful of the high duties of the office, did, from and after the first day of May, 1875, and continuously thereafter to the pres- ent time, wholly 'omit, neglect, fail, and refuse to appoint once in every three months a competent and trustworthy accountant to in- spect and examine the books, vouchers, accounts, records, etc., of the Treasurer's office, with those of the Auditor, and count all the money in the treasury or deposited in the proper depository, and by 21 such omission, failure, refusal, and neglect the said W. P. Kellogg, acting as Governor of the State • f Louisiana, was guilty of and did commit a high crime and misdemeanor in office. ARTICLE V. That the said W. P. Kellogg, acting Governor of the State of Louisiana, unmindful of the high duties of the office, in or about the month of May, 1875.after haviug appointed an accountant as expert to examine the books, vouchers, etc., of the Auditor's office, did shortly thereafter, when applied to by said expert for a renewal of the com- mission, in order to make the necessary examination of the books of the State Treasurer, neglect, postpone, and refuse to grant the same, thus preventing an investigation which it was his duty under the laws to have made, whereby the said W. P. Kellogg, acting Gov- ernor of the State of Louisiana, was guilty of and did commit a high crime and misdemeanor in office. ARTICLE VI. That the said W. P. Kellogg, acting Governor of the State of Louisiana, unmindful of the high duties of the office, did, after the month of May, 1875, pay to L. H. Gardner, as expert or ex- aminer, appointed by him to investigate the affairs and condition of the Auditor's office, as referred to in the preceding article, an ex- cessive and unreasonable amount, to wit: the sum of three thousand dollars for twenty days' service, and a portion of the amount so paid, to wit: the sum of thirteen hundred dollars, was taken by the di- rection of the said W. P. Kellogg from a fund appropriated by law for another purpose, whereby the said W. P. Kellogg, acting Gov- ernor of the State of Louisiana, did commit and was guilty of a high crime and misdemeanor in office. ARTICLE VII. That the said W. P. Kellogg, acting Governor of the State of Louisiana, unmindful of the high duties of the office, for the pur- pose of overawing the majority of the lower house of the Legisla- ture, and fomenting strife, did in the month of February, 1876, and during the peaceful sittings of the two houses of the General Assem- bly, cause on\mauy occasions large numbers of armed Metropolitan Police, disguised as citizens, to be brought into the State House, thus violating the privilege of the House of Representatives of the State of Louisiana, needlessly irritating the public mind and en- dangering the public peace, whereby he was guilty of and did com- mit a high crime and misdemeanor in office. ARTICLE VIII. That the said William P. Kellogg, acting Governor of the State of Louisiana, on or about the ninth day of April, 1875, and during the recess of the Senate, did appoint G. H. Braughn to the office 22 of Judge of the Superior Criminal Court of the parish of Orleans, and did permit the said G. H. Braughn to remain in office as judge of said court after the end of the extra session of the General As- sembly of the State of Louisiana, which terminated on the twenty- fourth day of April, 1875, and to exercise the duties of said office after said adjournment, notwithstanding his appointment had not been confirmed by the Senate, in violation of the constitution of the State of Louisiana, was guilty of and did commit a high crime and misdemeanor. ARTICLE IX. That the said William P. Kellogg, acting Governor of the State of Louisiana, did, in or about the month of June, 1315, without war- rant or authority in law, remove E. V. Leclere, police commissioner of the city of New Orleans, and appoint in his stead V. A. Ryan as police commissioner, in violation of the statutes of the State of Louisiana; whereby the said W. P Kellogg, acting Governor of the State of Louisiana, did commit and was guilty of a high crime and misdemeanor in office. ARTICLE X. That the said W. P. Kellogg, acting Governor of the State of Louisiana, did, on or about the month of August, 1875, remove George H. Braughn from the office of Judge of the Superior Criminal Court for the parish of Orleans, and appointed in his stead H. R. Steele, a resident of the parish of Tensas, in violation of the laws of the State of Louisiana; whereby the said W. P. Kellogg, acting Governor of the State of Louisiana, did commit and was guilty of a high crime and misdemeanor in office. ARTICLE XL That the said William Pitt Kellogg, acting Governor of the State of Louisiana, in the month of February, 1876, before a legislative committee, appointed to examine the books and accounts of the State Treasurer and Auditor, testified under oath that he was not present in the office of Collector Casey at the Customhouse in New Orleans, in the latter part of December, 1874, when was under dis- cussion the question of diversion of the State interest fund for the purpose of paying the Metropolitan Police; whereas, the said W. P. Kellogg was present, as he well knew, at said meeting, and thereby committed the crime of perjury and false statement under oath; whereby the said W. P. Kellogg, acting Governor of the State of Louisiana, did commit and was guilty of a high crime and misde- meanor in office. ARTICLE XII. That the said W. P. Kellogg, acting Governor of the State of Louisiana, in or about the month of May and subsequently during the 23 year 1875 did unlawfully interfere with George H. Braughn, Judge of the Superior Criminal Court for the parish of Orleans, and used the influence of his official position to overthrow the independence of the judiciary of the State of Louisiana, in violation of the con- stitution and laws of the State, whereby the said W. P. Kellogg, acting Governor of the State of Louisiana, was guilty of and did commit a high crime and misdemeanor in office. ARTICLE XIII. That the said W. P. Kellogg, acting Governor of the State of Louisiana, on or about the month of August, 1875, pending the indictment of Charles Clinton, State Auditor, for embezzlement of the public funds and misdemeanor in office, before the Superior Criminal Court for the parish of Orleans, did remove Judge George H. Braughn from the office of judge of said court, and appointed in his stead H. R Steele, judge of said court, after said H. R. Steele, as Assistant Attorney General, had refused to prosecute said Clin- ton, and 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 the said Superior Criminal Court for the parish of Orleans, in violation of the constitution and laws of the State, whereby the said W. P. Kellogg was guilty of and did commit a high crime and misdemeanor in office. ARTICLE XIV. That said W. P. Kellogg, acting Governor of the State of Louis- iana, in the month of February, 1876, and while the House of Representatives was investigating charges against the 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 extra session the Senate of the State of Louisiana, to meet on the second day of March, 1876, but neglected to call the House in extra session for the same day, in violation of the constitution and laws of the State of Louisiana, whereby said W. P. Kellogg was guilty of and did commit a high crime and misdemeanor in office. Pending the consideration of these so-called articles of impeach- ment the Secretary of the Senate was announced and presented the order of acquittal passed by the Senate Monday night, stating that he was directed to present this as the final action of the Senate. The Speaker reserved the point whether he would receive this notification, and subsequently, just before final adjournment, de- cided that the House could not avoid receiving it. Under the same pressure and with similar arbitrary rulings on the part of the Speaker as had characterized the rest of the impeach- 24 ment proceedings these articles were crowded through the House. Mr. Wiltz who, the night previously, had assumed to be already- authorized to act as manager, now moved that the Speaker appoint a board of managers, and, on that motion, himself adjourned the House till Thursday, the last day of the session. THE GOVERNOR SHOWS UP THE CHARGES, AND REFUTES THEM. On Thursday, March 2, the Governor sent the following special message 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 a provision of the constitution which requires me to give the General Assembly information from time to time respecting the situation of the State, I deem it my duty to lay before the Senate certain facts which have a direct bearing upon questions of grave political importance recently acted upon by the Senate. I have seen in the public prints that in the Lower House of the General Assembly during the sesssion of March 1, a series of charges were adopted, purporting to be articles of impeachment against " William P. Kellogg, acting Governor of the State of Louisiana,'* drawn up by a committee appointed "to prepare specific articles of impeachment against 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 impeachment had already been passed upon by the Senate, sitting as a Court of Impeachment, and had been finally disposed of and judgment of acquittal entered. But as the official journal of the House will probably disclose the adop- tion by that body of a series of fourteen charges against the Execu- tive of the State, it seems to me proper, notwithstanding the gross irregularities of form which have characterized the introduction and adoption of these charges, that the journal of the Senate should con- tain an authoritative exposition of their groundlessness and frivolity. I take up the accusations in the order in which they are stated to have passed the House: 1. I appointed Settoon as State supervisor of registration of one of the distant parishes on the recommendation of the State Senator of that district. It is utterly impossible for the Governor to be per- sonally acquainted with the exact domicile of every officer he is called upon to appoint. I did not know that Settoon was a resident of Tangipahoa when I appointed him supervisor of Washingtrn parish, and do not know it now. It requires but ten days for a cit- izen of the State to acquire a residence in a parish under the con- stitution. 25 2. Taking exception to the phraseology of this charge, I admit the substantial fact stated, that I 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 so without alleging causes. 3. I did not remove Charles Clinton, Auditor, after he had been impeached by the House and indicted by the grand jury. My rea- son for not doing so was that the Supreme Court had decided that a 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. I cite article seventy of the constitution, and State vs. Towne (21 An., 490). I did all I was empowered to do in the premises. I 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 authorizing the Governor to do so contain the words, " if in his opinion the public interests re- quire it." Whenever the public interest seemed to require it, I have appointed experts under section eighty-nine, act No. 42, 1871. 5. I do not deny the assertion that I did not renew the commis- sion 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 no necessity for the renewal of their commis- sions. 6. I paid to Mr. Gardner and other experts appointed $2000 out of my contingent fund as required by law. I did not pay the sum of $1300 to said experts out of a tund appropriated by law for another purpose, as the record of the State Auditor's office will show. I transmit a letter of the Auditor fully substantiating the statement. 7. I admit that in the belief that a revolutionary attempt to sub- vert the government was designed by members of the House of Representatives, acting in collusion with bodies 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 foment- ing strife, as charged, but to preserve the peace in case of neces- sity. The action of the police authorities has my entire approval. 8. I did permit George H. Braughn to remain in office as Judge of the Superior Criminal Court after the adjournment of the Senate, though his appointment had not b«en confirmed by them. Article 122 of the constitution declares that all officers shall continue to discharge the duties of their offices until their successors shall have been inducted into office. 9. I did remove one police commissioner and appoint another. Sec. 2238, Revised Statutes, expressly empowers the Governor to do so. 10. J did appoint H. R. Steele Judge of the Superior Criminal Court in place of G. H. Braughn, whose commission had expired, 26 and had the constitutional and legal power to do so. Judge Steele did formerly reside in Tensas parish, but when I appointed him he had been living in New Orleans for more than six months. 11. I did testify before a legislative committee that I was not present in the office of Collector Casey on a certain occasion when certain persons, namely: S. B. Packard, Alfred Shaw, Henry C. Dibble, and others were stated to have been present. My statement was true; I was not there, as the gentlemen above named will assert. 12. It is nntrue that I attempted unlawfully to interfere with Judge Braughn in the exercise of his official duties. I herewith transmit correspondence containing Judge Braughn's explicit denial of the charge. 13. It is true, as already stated, that I did appoint Judge Steele in place of Judge Braughn, who was holding over until his successor was appointed. Judge Steele has not been called upon to act in any matter affecting Charles Clinton, Auditor. When I appointed Judge Steele he explicitly stated that he would not sit on the Clinton trial. 14. It is true I have called the Senate in extra session, with- out convening the House. I claim the constitutional right to do so. The power conferred upon me to convene the greater, in the opinion of able legal authorities whom I have consulted, carries with it the right to convene the lesser. I have the precedent of the convocation of the Senate alone when Mr. Pinchback was elected Lieutenant Governor. In these fourteen frivolous accusations are concentrated all the charges of wrong-doing which a majority of the House of Repre- sentatives, actuated by the strongest feelings of partisan enmity, have been able to concoct against me after fifty-nine days' session, innumerable investigations, and the most searching scrutiny of the records of the State. Even by going behind the barrier of the Wheeler adjustment only one other accusation has been made against me, namely: That in a time of revolution and of great pub- lic exigency I sanctioned a temporary diversion of State funds which could not and did not result in the loss of a dollar to the State, and took this course solely in the public interest, and to protect the pro- perty of the city. If the Senate had not already acquitted me of high crimes and misdemeanors, the accusations passed at this late hour would have formed in themselves a complete assertion of my official rectitude. Added to this, I refer to the notorious and often repeated propositions made by the Democratic members of the Legislature, and others authorized to speak for them, that if I would secure the passage by the Senate of the House election bill, and certain other laws to further the partisan ends of my accusers, no effort would be made to impeach me. I submit that these facts of themselves fully justify me in assert- ing that my accusers did not and do not believe me to have been guilty of high crimes and misdemeanors against the State. Believing that it is due to the Senate and to myself that this ex- planation should be made, I transmit this message, and request that it be entered upon your journal. WM. P. KELLOGG, Governor. 27 State of Louisiana, Auditor's Office, New Orleans, March 2, 1816. To His Excellency W. P. Kellogg: Sir— In matters concerning the payment of Messrs L. H. Gard- ner and P. J. Cockburn, experts appointed by you to examine the books and accounts of this office, I have the honor to say that the records of this office show the payment by warrant to these experts of $2000 out of the appropriation for contingent expenses of the Governor, in accordance with the provisions of section eighty-nine, act No. 42 of 1871; and the records further show that the balance due Messrs. Gardner and Cockburn for their services, viz: $1300, was paid from appropriation for " costs of court where the State loses case,'' for the reason that the evidence of these experts was made part of the record of the court in the suit of the State vs. Clinton, which suit was decided adversely to the State. Very respectfully, GEORGE B. JOHNSON, Auditor. State of Louisiana, Executive Department, New Orleans, March 2, 1876. Hon. George H. Braughn: My Dear Judge — Calling your attention to article twelve, hereto annexed, of the charges adopted by the House of Representatives yesterday, I respectfully request you to state whether I ever attempted to control your actions as Judge of the Superior Criminal Court. State specially whether I ever made any demands, promises, or threats to you in relation to the Clinton trial in your court. Very respectfully, WM. P. KELLOGG, Governor. New Orleans, March 2, 1876. Governor William P. Kellogg, present: Dear Sir — Iu reply to your letter of even date, just received, I can state that you never did, by any improper means, attempt to control my action as Judge of the Superior Criminal Court. I did, however, have a conversation with you in relation to the Clinton trial, but you did not make any promises, demands, or threats. Had you done so, I should have resented it at the time. Very respectfully, G. H. BRAUGHN. RE PUBLICAN SENATORS EXPLAIN THEIR POSITION. The city papers of March 2 contained the following significant card from the Republican Senators: AN EXPLANATION FROM THE REPUBLICAN SENATORS TO THE PUBLIC Senate Chamber, New Orleans, March 1, 1876. We, the undersigned members of the Senate, deem it due to our- 28 selves and to our constituents to make the following statement to the public: When the General Assembly convened in this the first regular session since the Wheeler compromise and adjustment, the repre- sentatives of both political parties seemed to vie in their demands for reform legislation. By reform measures we understand laws for the reduction of the costs for carrying on the government; a reduc- tion of the expense of assessing and collecting taxes, to confine appropriations within receipts; needed legislation to relieve the financial embarrassments of the city of New Orleans, and kindred enactments. We assert that the Republicans in both Houses have stood ready during the whole session to pass these bills. But we charge that the Democratic members, while crying in tones of mock earnestness for reform, frittered away the entire session in efforts to gain political and partisan advantages, and to make what they call a record to go to their constituents upon. We charge, further, that in their pretended reform bills introduced by the Democratic mem- bers they have purposely inserted offensive political features which Republican members in duty to their party could not accept — the Democrats preferring to defeat such reform measures rather than not accomplish their selfish partisan ends. The Republican majority of the Senate have passed a number of honest measures of relief; these bills have not been acted upon by the House in most cases, and where acted upon at all, they have been amended by the insertion of offensive clauses, or by the post- ponement of their operation. We instance among the bills passed by the Senate, as aforesaid, the new charter for the city of New Or- leans, submitted by the Property Holders' Union; an act to reduce the fees of clerks and sheriffs throughout the State; an act to re- duce the costs of collecting taxes, and other kindred reformatory measures. On the other hand, there are still pending in the Senate several important measures which we now wish to consider and pass. We charge that we are prevented from so doing by the revolutionary, partisan course of the Democratic majority in the House. Among these bills are several measures of vital importance to the public wel- fare. We instance notably the acts relating to a railroad to Texas; a bill fur the relief of the financial embarrassments of New Orleans; an act to equalize assessments of property throughout the State; a bill to enable persons whose property has been sold to the State for taxes to redeem without penalties; a bill to allow all delinquent taxpayers to pay without penalties for a specified period; an act to reduce the amount of penalties for delinquency in the future; and an act to modify the harsh features of the existing laws for the collection of taxes. We charge that now, at the very end of the session, the Demo- crats have abandoned this unfinished work, to waste the time in a futile and foolish effort to seize the State government by a revolu- tionary coup d'etat. We charge that the so-called articles of impeachment preferred 29 against Governor Kellogg by the House are frivolous, and were trumped up at this late hour of the session in order to consume the time and prevent the passage of reform measures by the Republican majority of the Senate. Notwithstanding that the Senate, sitting as a High Court of Im- peachment, has rejected this impeachment and acquitted the Gov- ernor in due form of law, they still persist in their mad partisan course, and in so doing have suspended all legislation in both Houses while but one day remains of the session. * The foregoing statement considered, we submit that if the Demo- cratic majority of the House continue in their revolutionary course, and compel the majority of the Senate to adjourn sine die on the as- sembling of the Senate to-morrow at noon, the responsibility must rest with the Democratic members of the Assembly. E. L. WHITNEY, J. A. MASICOT, WILLIAM HARPER, T. B. STAMPS, A. J. SYPHER, W. W. WHARTON, J. E. BREAUX, E. F. HERWIG, O. H. BREWSTER, J. A. GLA, R. H. CHADBOURN, CURTIS POLLARD, GEO. Y. KELSO, T. A. CAGE, M. H. TWITCHELL, T. C. ANDERSON, RAFORD BLUNT, A. J. DUMONT, E. L. WEBER, P. LANDRY. J. HENRI BURCH. THE HOUSE BACKS DOWN. In the meantime the attempted revolutionary action of the last- ditch extremists in and out of the House of Representatives had received such universal condemnation from the leaders of the Dem- ocratic party in Washington, from the public press all over the country, and from the classes most largely interested in the material welfare of the city and State, and the charges upon which they pro- fessed to base their action had been found to be so feeble and groundless, that the Democrats in caucus resolved to abandon the whole proceedings. The task of announcing this ignominous back-down was appro- priately confided to Mr. Wiltz, who early during the session of Thursday introduced the following report and resolutions and moved their adoption: To the Honorable Speaker and Members of the House of Representatives of the State of Louisiana : We, the undersigned committee, appointed to prepare and present for the consideration of the House articles of impeachment against Wm. P. Kellogg, acting Governor of the State of Louisiana, 30 for high crimes and misdemeanors in office, having accidentally heard on Monday evening, the 28th dav of February, 187G, that, after the adjourn rnent of the House, the Senate had organized itself into a High Court of Impeachment, to investigate the charges preferred against Wm. P. Kellogg, acting Governor of Louisiana, by the House of Representatives, proceeded to the Senate Chamber, and announcing their presence, asked that they be heard. Upon permission 1 being granted, the committee, through Hon. L. A. Wiltz, chairman, requested to be furnished with the rules under which the court was proceeding to try the accused. This demand was refused. The committee then asked for a re- cess and a reasonable delay to prepare and file articles of impeachment against William P. Kellogg, acting Governor of the State of Louisiana, for high crimes and misdemeanors in office, and this demand was also refused; and thereupon the right and capacity of the committee to appear before the court was denied by order of said court of impeachment. " The com- mittee, through its chairman, then protested in the name of the House of Representatives of the State of Louisiana, and in the name of the people of Louisiana, against the arbitrary, unlawful, and unprecedented action of the Senate, sitting as a High Court of Impeachment, in denying the House of Representa- tives the constitutional right of proceeding according to law to impeach the acting Governor of the State for high crimes and misdemeanors in office, after having preferred charges against him. And thereupon the committee withdrew from the Senate. Now, therefore, your committee submit the following preamble and resolutions as part of their report: LOUIS A. WILTZ, Chairman; JOHN YOUNG, W. B.. KOONTZ, G. L. HALL. Whereas, On Monday, the twenty-eighth day of February, 1876, the House of Representatives assembled at 10 o'clock a. m., and immediately after the journal had been read, took into considera- tion the question of impeachment of William P. Kellogg, acting Governor of the State of Louisiana; Whereas, A full discussion was allowed on said question, a dis- cussion in which Republican and Democratic members participated, and which consumed the whole day until after 4 o'olock p. m., when a vote was taken, resulting in the adoption of the report recom- mending the impeachment by a vote of 61 yeas to 45 nays; Whereas, A committee was then appointed to go to the bar of the Senate, and there, in the name of the people of the State, impeach William Pitt Kellogg, acting Governor, as aforesaid, of high crimes and misdemeanors wholly committed by him since the Wheeler compromise, and inform the Senate that the House would in due time prefer specific charges and make good the same by proof; Whereas, The said communication and notice was at once con- 81 veyed to the Senate, after which the House, having been in con- tinuous session for nearly nine hours, adjourned after 6 o'clock p. m., Tuesday, the intervening day, being a legal holiday. Whereas, the Senate, after the House had adjourned, without notice to this body, without any specific charges or articles ot im- peachment having been filed, proceeded at once to organize a Court of Impeachment, and without the presence of the managers to prose- cute in behalf of the people of the State, and without proof or evi- dence of any kind, did immediately, at 7 o'clock p. m., take up the case, and, by a vote of 25 yeas to 9 nays, dismiss the impeachment, giving to the order in the premises "the same force and effect as a judgment of acquittal," declaring that " the acts of the said William P. Kellogg, as Governor of the State of Louisiana, are fully known to each and every member of this Senate, and known to us not to be criminal or unlawful,'' and " we believe the said William P, Kellogg, Governor of the State of Louisiana, to be innocent of any criminal act, or of any high crime or misdemeanor;" Whereas, The House, on Wednesday, the 1st of March, 1876, adopted articles of impeachment containing distinct and specific charges, and are now ready to make the same good by proof suffi- cient to convince any fair and impartial tribunal of the guilt of the accused ; And whereas, The majority of the Senate, without hearing the charges and without proof, has declared their belief and opinion that the said William P. Kellogg, acting Governor, in entirely inno- cent; Resolved by the House of Representatives, That the Senate, by its partisan and arbitrary conduct, has deprived the people of the State of an opportunity of bringing to trial the Chief Magistrate of the State, charged with high crimes and misdemeanors, and with criminal neglect and violation of his official duty. Resolved, That the members of the Senate, having formed and expressed their opinion that the said accused is entirely innocent, are disqualified from now sitting in judgment on the trial of the impeachment, and that this House can proceed no further in the premises, and are powerless to resent this flagrant outrage upon right, justice, and decency, and can only refer the matter to the people of the State for their consideration. The House adopted the report and resolutions, and thus ended one of the most unjustifiable and ridiculous attempts at revolution that ever disturbed or disgraced a State. The only point in the backdown report of the House which needs any comment is the charge that the Senate acted precipitately. To this it is replied that the House impeached without charges and refused to allow the Governor the representation in person or by counsel to which the law entitled him. 32 EXTRACTS FROM THE CITY PRESS. The following extracts from the press of the city show the feeling immediately after the termination of the impeachment struggle: The Democrat, the organ of the last-ditchers, said, commenting upon impeachment: " The House has actually backed down, and permitted Kellogg to bully them out of a performance of their duty. Another opportunity for the redemption of the State has been lost through irresolution. The Democratic party demanded impeachment, and the House made a puerile attempt at it. Having failed, the question of the redemption of Louisiana is now remitted to the people.'' The Bulletin said: "Impeachment has resulted in a complete failure, as we predicted it would." The Times said: "The attempt was a farce, and has done great harm." The Picayune took substantially the same view in one issue, de- nominating the impeachment matter a farce in "two acts." The Republican closed a leader as follows: "With all fears for future annoyance at last removed, and his authority fully recognized by every interest in the country, the Governor can now turn his undivided attention to the good and welfare of the people he has served so well, and for whom he has suffered so much contumely and insult. We trust his official troubles are brought to a definitive result. He has defeated his enemies, deserved well of and been well served by his friends, and is entitled to the respect and reward due to patience, good judgment, and a fearless perseverance in the right." APPENDIX. PROTOCOL OF THE WHEELER ADJUSTMENT. Whereas, It is desirable to adjust the difficulties growing out of the election in this State in 1872, the action of the Returning Board in declaring and promulgating the results of the electiou in the month of November last, and the organization of the House of Rep- resentatives on the fourth of January last, and adjustment being deemed necessary to the re-establishment of peace and order in this State; Now, therefore, the undersigned members of the Conservative party, claiming to have been elected members of the House of Rep- resentatives, and that their certificates of election have been ille- gally withheld by the Returning Board, hereby severally agree to submit their claims to seats in the House of Representatives to the award and arbitrament of the gentlemen composing the Louisiana committee, of which George F. Hoar is chairman, and consisting of th6 following named gentlemen: George F. Hoar, William A. Wheeler, W. P. Frye, Samuel S. Marshall, Clarkson N. Potter, Charles Foster, and William Walter Phelps, and said gentlemen, or a majority of the same, acting in their individual capacity, are here- by authorized to examine and determine the same upon the equities of the several cases; and when such award shall be made we hereby severally agree to abide by the same, and such of us as may become members of the House of Representatives under this arrangement hereby severally agree to sustain by our influence and votes the joint resolution hereinafter set forth. ED. E KIDD, GEORGE M. STAFFORD, RUFFIN R BEASLEY, JAMES BRICE, E. F. X. DUGAS, GEORGE A. KELLY, EDMUND McCULLUM, J. 0. QUINN, JOHN J. HORAN, THOMAS R. VAUGHAN, CHARLES SCHULER, A. D. LAND, WILLIAM F. SCHWING, JOHN L. SCALES. As a contestant for a seat in the lower House, I sign the above agreement. W. H. KEYS. JAMES JEFFRIES, R. L. LUCKETT, C. C. DUNN, By A. H. Leonard, agent and attorney. 3 34 And the undersigned, claiming to have been elected Senators from the Eighth and Twenty-second Senatorial Districts, hereby agree to submit their claims to the foregoing award, and in all respects to abide the result of the same. F. S. GOODE, J. B. ELAM. And the undersigned, holding certificates from the Returning Board, hereby severally agree that on the coming in of the award of the foregoing arbitrators they will, when the same shall have been ratified by the report of the Committee on Elections and Qualifica- tions of the body in session in the State House, claiming to be the House of Representatives, attend the sittings of said house for the sole purpose of adopting said report; and if the said report shall be adopted and the members embraced in the foregoing report shall be seated, then the undersigned severally agree that immediately upon the adoption of said report they will vote for the following resolu- tion: Resolved by the General Assembly of the State of Louisiana, That said Assembly, without approving the same, will not disturb the pres- ent State government, claiming to have been elected in 1812, known as the Kellogg government, or seek to impeach the Governor for any past official acts, and that henceforth we will accord to said Governor all necessary and legitimate support in maintaining the laws and in ad- vancing the peace and prosperity of the people of this State, and that the House of Representatives as to its members as constituted un- der the award of George F. Hoar, W. A. Wheeler, W. P. Frye, Samuel L. Marshall, Clarkson N. Potter, Charles Foster, and Wil- liam Walter Phelps shall remain without change, except by resigna- tion or death of members until a new general election, and that the Senate as herein recoguized shall also remain unchanged, except so far as that body shall make changes on contest. JOHN YOUNG, W. McALPIN, E. D ESTILETTE, THOMAS E. MEREDITH, A. D. LAFARGUE, A. NUNEZ, G. L. HALL, W. H. PIPES, J. A. BLAFFER, G. M. RICHARDSON, E. CARMOUCHE, JOHN L. SCALES, W. W. CARLOSS, D. W. SELF, G W. R. BAYLEY, W. P. SMITH, E. A. DURR, CHARLES SCHULER, R. P. EDWARDS, Y. VIDRINE, SEABORN JONES, JAMES WEBB, T. J. JOHNSON, R. B. WALTERS, WILLIAM MAGEE, M. SIBILSKI. H. C. MITCHELL, VOTE ON THE ADOPTION OF THE ADJUSTMENT, APRIL 14, 1875. The following is the vote in the House at the extra session, April, 1875, when the Wheeler adjustment was consummated by the adop- 35 tion of the joint resolution recognizing the Kellogg government as stipulated in the protocol. Under a suspension of the rules, Mr. Young, of Claiborne, intro- duced House bill No. 1, joint resolution relative to the recognition of the Kellogg government, which was placed on its first reading. The constitutional rules being suspended, the bill was read a second time and considered as being engrossed. Under a further suspension of the constitutional rules the bill un- derwent its third reading. On its final passage the yeas and nays were demanded, with the following result: Yeas — Armstead, Baylev, Blaffer, Bower, Butler, Baker, Billiu, Brice, Beasley, Carmouche, Cousin, Carloss, DeBlanc, Dugas, Durr, Dewees, Dickenson, Demas, R. P. Edwards, Estilette, Floyd, Guichard, Grant, Gracien, Hall, Hill of Ascension, Hill of Ouachita, Hubeau, Honore, Hammond, Jourdain, Johnson of Caddo, Johnson of Lafourche, Jones of Lincoln, Jones of Pointe Coupee, Jeffries, Kidd, Kelley, Koontz, Keys, Keating, Lane, Lowell, Levisee, La- f argue, Luckett, Maginnis, Meredith, Mitchell, Matthews of Frank- lin, Matthews of Tensas, Martin, Murrell, Milon, Magee, McAlpine, Martinet, McCollam, Nunez, Parker, Pierson, Piles, Pipes, Richard- son, Randall, Ridgeley, Ray, Raby, Richards, Rochon, Smith, Sutton, Self, Snaer, Souer, Seaman, Sibilski, Scales, Stafford, Schuler, Trip- let, Thomas, Vidriue, Wilson, Woods, Walters, Webb, Yorke, Young— 89. Nays — Aldige, Booth, Byrne, Carville, Dupre, Davidson, Bolivar, Edwards, Gilmore, Kummel, Pascal, Roman, Stewart, Southard, Sartain, Schenck, Walker, Wiltz, Wells— 18. VOTE ON THE ADOPTION OF THE IMPEACHMENT, FEBRUARY, 28, 1876. Mr. Wiltz called for the yeas and nays on the adoption of the re- port with the resolution, which resulted as follows: Yeas — Aldige, Booth, Byrne, Burkhardt, Bayley, Blaffer, Bower, Beasley, Billiu, Brice, Collins, Carmouche, Carlos, Dupre, DeBlanc, Dugas, Dunn, Durr, Delhommer, Edwards of Tangipahoa, Edwards of Richland, Elliott, Gilmore, Hall, Hammond, Jeffries, Johnson of Lafourche, Koontz, Kummel, Kelley, Kidd, Lowell, Lafargue, Magin- nis, Meredith, Mitchell, Matthews of Franklin, Martin, McCollam, McAlpine, Nunez, Pascal, Pipes, Roman, Richardson, Smith, Self, Seaman, Sibilski, Schenck, Scales, Schuler, Voorhies, Vidrine, Walker, Wiltz, Walters, Wells, Webb, Young— 61. Nays — Armstead, Butler, Baker, Carville, Cousin, Davidson, De- wees, Dickenson, Demas, Guichard, Grant, Gracien, Hill of Ascen- sion, Hahn, Hubeau, Hill of Ouachita, Honore, Hunsaker, Jourdain, Johnson of Caddo, Jones of Pointe Coupee, Keeting, Keys, Lane, Lowell, Levisee, Murrell, Milon, Matthews of Tensas, Parker, Piles, Ridgeley, Ray, Raby, Sutton, Snaer, Sartain, Souer, Stafford, Stewart, Thomas, Wilson, Woods of West Baton Rouge, Woods of Ouachita, Yorke — 45. And the report of the majority of the committee and the resolu- tions accompanying the same were adopted. 36 By reference to the text and spirit of the protocol of adjustment, tbe vote by which it was adopted, and the proceedings and vote upon impeachment as presented in the foregoing pages, it will be seen how far the Wheeler adjustment has been violated, and by whom, and what reliance can be placed on Bourbon faith and honor. W 107 89 +* % <* *'^T.» .G* \3*o.,<» .A < *™V*> ,G^ ^> °* i*^% r , ^\ •'■• <