482 



LOUISIANA. 



based their action on twenty-eight allegations, 

 showing unfitness for the position. 



A report was made about the middle of Feb- 

 ruary by the House committee appointed at 

 the extra session of 1875, to examine into the 

 accounts of the Auditor and Treasurer. In this 

 it was stated that at different times in 1874 

 and 1875 sums amounting in the aggregate to 

 $198,417.31 had been drawn from the interest- 

 fund without warrant. These were mostly 

 advances for police expenses, and were re- 

 stored to the fund, so that the State suffered 

 no loss. The committee declared that Antoine 

 Dubuclet, the Treasurer, was less guilty in the 

 violations of law that had been committed than 

 " William Pitt Kellogg, the originator of the 

 whole scheme than Jacob Hawkins, the Judge 

 of the Superior District Court of Orleans, who 

 used his influence to encourage the nefarious 

 deed than Henry 0. Dibble, the then acting 

 Attorney-General, who advised the unlawful 

 act, when he should have guarded the interests 

 of the State less guilty than J. H. Oglesby, 

 the Fiscal Agent of the Metropolitan Board of 

 Police, and president of the bank, the deposi- 

 tary of the State funds, who lent his official 

 aid to a diversion of funds, of which he was 

 the keeper under the law, and, as it will ap- 

 pear, received a pecuniary compensation of 

 $6,696.67, for interest and commission on a 

 loan made out of State funds by the State 

 Treasurer." The report closed with a recom- 

 mendation that Governor Kellogg and Treas- 

 urer Dubuclet be impeached, that Assistant 

 Attorney-General H. 0. Dibble be " addressed 

 out of office," and that criminal proceedings 

 be instituted against Alfred Shaw and J. H. 

 Oglesby. 



On the 25th of February a resolution was 

 adopted in the House, providing for the ap- 

 pointment of a committee of seven, " to ex- 

 amine and ascertain charges against W. P. 

 Kellogg, and, if there are any, to so report, 

 with a view to impeachment." The committee 

 was immediately appointed. A majority re- 

 ported on the 27th that Governor Kellogg had 

 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," subsequent to the 14th of April, 

 1875, at which time it had been agreed by the 

 " Wheeler compromise " that he should not be 

 disturbed for any previous official misconduct. 

 The principal offense charged was procuring a 

 withdrawal from the Treasury of money set 

 apart for the payment of interest, and using 

 it for other purposes. The report concluded 

 with a resolution impeaching William P. Kel- 

 logg, " acting Governor of the State of Louis- 

 iana," for high crimes and misdemeanors, and 

 directing the appointment of a committee of 

 five to prepare articles of impeachment. A 

 minority of the committee of seven, consisting 

 of two members, submitted a report protesting 

 against the action of the majority in reporting 

 resolutions of impeachment, without examining 



into the charges or taking any evidence, or even 

 allowing the Governor to appear in person or 

 by counsel before the committee. The major- 

 ity report was adopted on the 28th by a vote 

 of 61 to 45, and a committee was at once ap- 

 pointed to prepare articles of impeachment, and 

 to notify the Senate of the proceedings. No- 

 tice was given to the Senate the same evening, 

 and that body immediately resolved itself into 

 a High Court of Impeachment, Chief-Justice 

 Ludeling presiding. A resolution was adopted, 

 by a vote of 23 to 9, notifying the House that 

 the Senate was ready to proceed with the trial, 

 and would allow until 7 P. M., it being then 

 after six, for the preparation and presentation 

 of charges. None being made before that hour, 

 an order was adopted, by a vote of 25 to 9, 

 dismissing the impeachment, and declaring that 

 such action amounted to an acquittal. The 

 reasons given were : " Because the committee 

 appointed to investigate Governor Kellogg re- 

 fused to give him the right of appearing at 

 their deliberations ; that they furnished no list 

 of witnesses ; that the impeachment was 

 prompted by revolutionary and partisan pur- 

 poses; that it was in violation of the Wheeler 

 compromise ; that it is known to the Senate 

 that Governor Kellogg's official acts were not 

 unlawful; that the House had adjourned be- 

 fore a notification could be given that the Sen- 

 ate was ready to proceed to trial, and that 

 such adjournment was for the purpose of ob- 

 structing the trial, and preventing the Senate 

 from proceeding with it; and, finally, that the 

 impeachment articles contained no specific 

 charges." 



The following protest was made by several 

 Senators, but the Senate, by a vote of 21 to 13, 

 refused to allow it to be read or entered upon 

 the minutes : 



That not an hour was given to the House of Kepre- 

 sentatives to prepare specified articles of impeach- 

 ment. That the managers of the House of Repre- 

 sentatives were not recognized by the court. That 

 every motion to close the doors and deliberate upon 

 the important questions submitted was voted down. 

 That the order of acquittal has been declared with- 

 out giving the prosecution an opportunity to be 

 heard, without any evidence adduced, without any 

 deliberation or discussion, and is calculated to en- 

 courage the commission of high crimes and misde- 

 meanors by public officials, and by this unauthorized 

 impunity from trial offers a premium to public of- 

 fenders. 



The Chief-Justice then formally declared 

 Kellogg acquitted, and the court adjourned 

 sine die. Notwithstanding this action, the 

 committee of the House prepared fourteen 

 articles of impeachment, and submitted them 

 on the 1st of March, when they were adopted 

 by the House. On the 2d of March, the last 

 day of the session, the committee made a re- 

 port, reciting the facts and circumstances of 

 the case, and submitting the following reso- 

 lutions, which, with the report itself, were 

 adopted by a vote of 54 to 37 : 



Resolved ~by the House of Representatives, That the 

 Senate, by its partisan and arbitrary conduct, has 



