New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-08

ry C. Warmoth, Governor of said State, by
wholly and totally disregarding the laws
thereof, and in defiance of faw, and with
the intent to destroy and overthrow a re-
| publican form of govern ment in SAID State,
| has in fact directed the whole machinery of
the State, and all of the officers therein IN
der his control, with the purpose and intent
of defeating Just and talr election, and an
| honest and true return thereof, in order to,
defeat your orator, well knowing that your
orator. if a Just and fair election had been
| had and held, and true, honest and TAR
canvass of the votes cast at such election
made, was legally elected to the office OF
| Governor of said State; and the SAID War
i moth has endeavoTed, and IS endeaVor1ngs
| with the aid of all OF said defendants, TO
suppress and destroy all evidence of such
| fraud so completely that the same may be
| of no avail to your orator IN asserting hls
right to said Office that unless the said de-
PENDANTS are restrained by the order OF this
| honorable court, and are permitted to con-
tinue in said unlawful acts, your orator
| fears that his means of legally establishing
| his right to said office of Governor will be
placed beyond his reach and control long
! before the time when by law he can COM
mence the proper judicial proceedings to
determine and enforce his title and right 10
said office"
This defendant further answering saith,
That it is not true, as charged in said bin
of complaint that the said complainant
"verily believes the acJngs and doings OF
the said defendants. az herein set forth and
complained of, are in all things uniaW1ul,
and are conceived and carried on by said
defendants for the sole purpose of over
throwing and snbverting tue republican
form OF government, guaranteed 10 the
State of Louisiana hv the constitution OF
the United States. That said object is in
tended to he accomplished by depriving the
cai1 10 OF coII tot af no E4bO of
officers by fraudulentlY disregarding the
right of the duly elected officers OF said
State of the right TO administer the offices OF
said government, and substituting by fraud
and false certificates, and evidences, and
canvass, persons who have never been
office in said Stale, and to con-
firm said pretended title to Office
bq destruction Of the evidence Ut the actual
vote cast at said election, and that your
orator believes that unless your h0nors lm-
mediately allow, on the fling of this bill,
restraining order restraining the defend
ants and each and every one of them, from
doing the acts for which your orator herein
prays they may be restrained your orator
fears that before the hearing and deter
mination of a motion for an Injunction the
said defendants will have completed their
unlawful scheme of fraud, and will have
destroyed proof upon which your orator
must rely to support his legal right to the
office OF Governor as aforesaid and your
orator will be defeated thereby but the
said charge is made in furtherance of the
conspiracy between said compliments the
said Lynch, Heron, Longstreet, Hawkins
and their associates, for the purpose of
getting possession of the election returns,
and defeating the true vote of the people.
This defendant further answering saith,
that he has answered every charge of the
said bin of complaint with the true intent
OF admitting explaining or denying the same
according to the truth. Aud he now denies
each and every charge or insnuatiOn in the
said bill OF complaint that does or intends
to charge him with fraud or an improper
design, or by an act or intention, by pre-
concert, Encouragement, concert, arrange
ment or design to deprive any legal voter
of the State of Louisiana of the right to cast
his vote for the candidate of his choice; he
denies that he ever made an arrangement
to control the registrars or assistant regis
trars, or commissioners of election, or any
other person, 10 do any wrong OF any kind
in reference to said election, or the returns
t thereof. He denies that he appointed them
with a view to defeat the election of the
complainant, who was nominated for the
, office of Governor on the day OF
july 1872, and who, at the time of his NOM
nation and ever since, and now is a Ser
atOr of the United States and ineligible to
the office Of Governor OF this State. And
this defendant denies that the complainant
has any interest in the result of said elee-
ton Of the fourth of November, 1872, or can
profit by the result of the same, and this de-
PENDANT furthermore denies that this court
has jurisdiction Of the subject matter of
this suit, or that it can render any judg-
ment. order or decree ID the premises. And
this respondent furthermore denies that
your hOnors have any right to investigate
the question Of whether the complainant
has or has not been elected Governor Of the
State Of louisiana, in the manner and for
the purposes set forth ii said bill Of COM
plant
And the defendant further answering saith,
that one George +, Bovee was duly elected
Secretary OF State OF the State of Louisiana,
at the general election held in the year 1863
was qualified commissioned and took pos
session of said office. That in August, 1871,
this respondent, for good and sufficient
cause, suspended the said Bovee from the
exercise OF the functions of his office, and
appointed and commissioned the said Fran
els j. Heron to discharge the duties Of
Secretary of State, and the said Heron is
cstopped from denying the right of this re-
spondent to remove him from the perform
ance of the duties of said Office of Secretary
Of State of Louisiana; and this defendant
denies ALL and all manner Of unlawful c01G-
bination and c0nfederacy wherewith he is
charged by the said bill, without this, that
| there Is any other matter, cause or thing in
| the said cOVupiainant'e said bill of complaint
contained, material or necessary for this de-
PENDANT to make answer unto, and not here
in, and hereby, well and sufficiently an
swered, confessed, traversed, and avoided
or denied. is true to the knowledge or belief
Of this defendant. al Of which matters and
things this defendant is ready and willing
to aver, maintain and prove, as this honor
able court shall dircct and huDbly prays to
be hence dismissed with his reasonable
costs and charges il this behalf, most wrong
fully sustained
H. c. WARMOTH.
Semmes & Mott of counsel
H. c. Warmotn ewears that the facts
statements and avermentS Of the foregoing
answer in chancerv are true.
II. G. WARMOTH.
Sworn to and subscribed before me this
twenty fifth day Of November, 1872,
F. A. WOOLFTFY