The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1866-08-22
Report Of the Grand Jury.

Report ofthe Grand Jury.
To the Hon. F. Abel, Judge of the First
District Court of New Orleans:
The Grand Jurors of the parish of Orleans
have had under consideration the subject of
the terrible riot that occurred in this city on
the 3Oth of July, last, and now come into
Court and ask leave to report, that
They have caused to be summoned before
them large humber of citizens, whose tes-
timony they had been informed was materi-
al to show the cause, inception, manner and
close Of the bloody scenes of the 3Oth of
July; and in order to secure full, fair and
impartial history of the bloody day, as well
as to sustain and justify the conclusions to
which they have arrived, and have embodi-
ed in this report, they have caused the tes-
timony OF the witnesses examined by them
to be carefully reduced to writing, which
testimony they submit herewith, and from
which it appears.
That, on the 30th of July last, there was
conflict at and near the Mechanics In
stitute, in this city, which resulted in the
death OF about forty persons, white and
black, and in the wounding, slightly and
severely, OF about two hundred more.
The first question naturally presenting
itself is, what caused, in time ofprofound
peace, so terrible conflict? What arous-
ed our usually quiet and peaceably popula-
ton to SO dire and fierce struggle? 1t
could be no triAing or ordinary cause that
could bring on such dcathly collision upon
the members of community hitherto NOV
ing SO harmoniously together. The ques-
ton, however, is not difficult of solution.
Some few weeks since meeting of about
thirty persons met in secret caucus in this
city, elected Rufus K. Howell, president
pro tenn, resolved that he should convoke
the Convention of 1864, to meet on the 3Oth
of July last, and that the Governor of the
State should be requested to issue his pro.
clamation for elections to fill the vacancies
in the Convention. These men claimed to
have the right and power, and very undis-
guisedly expressed the intention to remodel
the Constitution of the State to suit theil
purposes, and to take possession or control
of the State Government. 1t is unnecessa.
~ to enter into a discussion here of the
question Of the pretensions Of this body o.
men. Suffice it to say, that there never
was more impudent and audacious claim
set up to assume power than this pretended
| right to meet in convention. II had moi
the slightest foundations whatever, ever
under the resolutions Of the Convention O
1864, under which it was claimed they coule
meet, which construed together, as well az
by the Interpretation of their author, never
contemplated that the power of calling the
Convention together should be conferred
on the President Of the body except in thu
case ofthe rejection Of the Constitution BY
the people. The second resolution, on the
contrary, clearly and explicitly confers the
power on the Legislature at its first session
to reconvoke the members of the Oonven
tion-in case of the adoption of the Con
stitution by the people. Again, even if thu
construction that the President ofthe Con
vention had the power to call the Conven
ton be correct, he alone possesses that pow
er, and he (E. FL. Durell) refused to exer
else it. The idea Of caucus Of twenty
nine, ola body whose quorum is seventy
six, undertaking to elect a president is o
palpable absurdity, as in the fact is the
whole thing. For admitting that the con.
vention of 1864 had undertaken to perpetu.
ate their own existence by resolution not
part of the constitution, it would have
been ridiculous pretension without bind
ing effect, and necessarily nullity. This
assumption of power then, on the part Of
these men, was fragrant, open, defiant vic.
lation oflaw. 1t was an insolent and law.
less attempt to subvert the Government
and destroy the Constitution, and under the
laws Of most countries, would have amour
ted to high treason and would be punisha-
BILE with death. Fortunately for them the
only offence for which under the laws OF
Louisiana they could be indicted and pun
ished, for simply meeting with the object
protested Of destroying the government OF
the State, is, for making and knowingly as
sistipg at an unlawful assembly, Of which
they were guilty as soon as they met in
convention, and for which offence those who
met in convention on the Both Of July
have been indicted by this Grand Jury.
On the Both Of July, then, this body, &C
coding to public announcement, was to
meet. On Friday night, 9th July, meet.
| ing Of the friends Of universal suffrage ire
pective ofcolor, took place in this city. AT
this meeting inAammatory speeches were
made to the colored people, who attended
in large numbers. They were advised to
come to the Convention on Monday. Ito
come in their might, to come prepared"
They were exhorted to exterminate the
whites, who were called hell bound Williams
and were told that unless the rights Of loyal
citizens and their colored bretheren were
conceded, the streets of New Orleans
would run with rebel blood.
On Monday morning, the Both, at AT
early hour the colored people commenced
gathering in and about the place designated
for the meeting of the Convention, many Of
| them armed. About II o'clock process
Of negroes came marching up toward thu
place ofsitting the Convention, with col
ors flying and drums beating, and these ar
med with heavy sticks or weapons. As
they came up they hallowed and shouted
and, according to some witnesses, jostled
pushed the bystanders on the streets out O
their way. The crowd ofwhile people save
way as they passed along There was but
slight disturbance as this crowd passed up
one arrest made, and the procession passed
on to the place where the Convention sat
During this disturbance there were pistols
fred-the first two by negroes in the pro
cession.
The condition Of things now presented
is, an unlawful assembly in session, arroga
ting to themselves without even the SHADOW
fright, the power to overturn the govern
ment Of the State "a body of usurpers con
spring for the subversion Of the Constitu
tion and laws Of the State: and thew sur