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and his clerks, and even some of Dr. Dostie's wearing apparel. Lieutenant Burke went in search of Mr. Neville, to whom he gave the keys, with the exception of that belonging to the safe, which he retains, and which he will refuse to give up. The Doctor locked the safe while the officers were in the outer office.

"Dr. Dostie received no notification of his expulsion prior to the arrival of the police. The following is the authority upon which Lieutenant Burke acted:

"MAYORALTY OF NEW ORLEANS,
June 13,

"Lieut. J. Burke, First District Police:

1865.

"Sir-You will proceed immediately to the office of Auditor of Public Accounts, now in the possession of Mr. A. P. Dostie; and declared vacant by His Excellency, Governor Wells.

"You will take possession of the office and the records, and deliver the same at once to Julian Neville, Esq., appointed by the Governor, Auditor pro tempore. "You will see that Mr. Neville, is placed in secure possession of the office.

"If physical force is needed, you will use it, and you will commit to prison any individual or party who interferes in any degree, in the execution of this order. G. BURKE, Acting Mayor.

66

(Signed.)

"After executing the above, Lieutenant Burke made the following report:

"OFFICE THE }

NEW ORLEANS, June 13, 1865. "Hon. Glendy Burke, Acting Mayor:

"Sir-I have the honor to report that in obedience to your order of this date I proceeded, in company with Julian Neville, Esq., to the office of the Auditor of Public Accounts.

"Mr. Dostie positively refused to vacate the office,

whereupon I called a policeman to eject him in as gentle a manner as the circumstances of the case admitted of.

"I securely closed the doors, delivered the keys to Mr. Neville, and placed a guard of policemen on the office, with instructions that none but Mr. Neville or his deputies should have access thereto.

Very respectfully, your obedient servant,
(Signed)
J. BURKE,

Lieut. and Acting Chief of Police.

"The following is the order of the Governor referred to by Mayor Burke:

[BY THE GOVERNOR.]

STATE OF Louisiana,

EXECUTIVE DEPARTMENT,

"NEW ORLEANS, June 13, 1865.

Whereas, The General Assembly of the State of Louisiana, at its last session, did adopt a joint resolution in the words following to wit:

[No. 38.]

Joint Resolution, Requesting the Governor of the State to see that all laws are enforced in the case of all persons holding civil offices under the State who are required to furnish bonds for the performance of their official duties.

Whereas, Persons are holding and exercising the duties of civil offices in the State who have not furnished bonds as required by law.

Resolved by the Senate and Houes of Representatives, in General Assembly Convened, That the Governor of the State be and is hereby requested to take immediate measures to compel all such persons to furnish bonds according to law, and in default thereof to remove such persons from office.

Resolved further, That where bonds have been given, subject to the approval of the Governor of the State, he be and is hereby requested to investigate the solvency of all such bonds, and if he shall deem the bond or

bonds insufficient, to require new bonds to be furnished satisfactory to him.

(Signed)

SIMEON BELDEN,

LOUIS GASTINEL,

Speaker of the House of Representatives.

(Signed)

Ex-Officio Lieutenant Governor and President of the Senate.

Approved March 29, 1865.

(Signed)

A true copy:

J. MADISON WELLS, Governor of the State of Louisiana.

S. WROTNOWSKI,
Secretary of State.

And Whereas, Acting in pursuance of the special authority conferred on me therein, as well as by my constitutional obligations to see the laws enforced, I deem it my duty to address the said A. P. Dostie, Auditor of Public Accounts, by letter, requiring him to furnish a new and sufficient bond, as will appear by copy herewith, viz:

STATE OF LOUISIANA, EXECUTIVE DEPARTMENT,

NEW ORLEANS, April 15, 1865. A. P. Dostie, Esq., Auditor of Public Accounts:

"Under authority of joint resolution of the General Assembly, (copy of which is herewith annexed,) and regarding your bond on file in the Secretary of State's office as insufficient, not one of the sureties being assessed for real estate, you are hereby notified that you are required to furnish a new bond, with not less than five good and sufficient securities,' satisfactory to me, within thirty days from the date hereof.

J. MADISON WELLS,

Governor of Louisiana. And, whereas, The said A. P. Dostie has failed to furnish the required official bond within the time prescribed by law, and the consequence is that the State is without adequate security for protection against any illegal acts that may be committed by him:

And, whereas, The second section of the act of 1855, entitled "An act to regulate the office of Auditor of Public Accounts, provides "that, should he [the Auditor] fail to give such bond and security within the time required, the office shall be considered vacant, and the Governor shall immediately order a new election ;"

Now, therefore, in view of the foregoing premises, I, J. Madison Wells, Governor of the State of Louisiana, do hereby declare the office of Auditor of Public Accounts to be vacant, and by virtue of the 26th section of the act of 1855, before quoted, I do hereby appoint Julian Neville, Auditor of Public Accounts, to fulfill all the duties and enjoy the emoluments of said office, as provided by law, until after an election shall have been held throughout the State to fill the vacancy, and the Auditor so elected be duly commissioned and qualified according to law.

Given under my hand at the city of New Orleans, this 13th day of June, A. D., 1865, and of the year of the Independence of the United States the eighty-ninth. J. MADISON WELLS,

Governor of Louisiana.

The following letter from Dostie gives the true explanation of the non-renewal of bond, showing the falsity of the charge:

NEW ORLEANS, June 13, 1865.

“To the Public.—I was to-day waited upon by Julian Neville, Esq., accompanied by the Acting Chief of Police, Mr. Burke, and two other police officers. The former presented to me an order, issued by Acting Governor Wells, requiring me to turn over the archives of my office to him as Auditor pro tem. Refusing to obey the illegal mandate, I was seized hold of by Acting Chief Burke and one of the policemen, and taken from the room by force. Returning subsequently, I found the

office closed and in charge of the police. The ground alleged by the Acting Governor was the non-renewal of my bond, which was sometime ago demanded of me on the ground that my securities were not assessed for real

estate.

"After the demand was made, Acting Governor Wells, unexpectedly to me, left the State, and did not return again within the thirty days allowed me. Otherwise I should have responded to him, as advised by legal counsel, arguing that the demand was illegal, good and solvent security only being required by law; or I would, if insisted upon, have complied with the demand, illegal as it was, either of which I was fully prepared to do. My bonds had not been objected to on any other ground. The securities were perhaps not assessed for real estate within the Parish of Orleans, but they were fully competent and possessed of ample means to secure the $10,000, or several times that sum, if necessary. I was elected by the people, and had within thirty days after being notified of my election duly given bonds, which were approved according to law. No man can say the securities were not good, solvent and sufficient, or that they are less so now than they were then.

"Be that as it may, I was yesterday violently ejected without other calling of my attention to the subject, or preliminary warning or notice than the appearance of the policemen with the order alluded to.

"The proclamation with the reasons assigned, was published at a subsequent hour in the Picayune, and was only seen or known by myself or the public after these violent proceedings had taken place.

"When securities to bonds are required to be freeholders

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