New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-11-28
nEIrBn sTATEs cIRoUIF COURT.

Judge Durell took his seat upon the bench
the courtroom was crowded with people
anxious to hear the proceedings in a cast
that may be regarded as testing the pow
ers intended to be conferred by Congress
in the passage Of appropriate Legislation
to secure the enforcement Of the recent
amendments to the federal constitution.
! and it is not at all strange that the public
take this deep interest in the suit that has
been instituted by William P. Kellogg, the
candidate Of the Republican party for Gov
ernor in the late election, against Henry
| c. Warmoth and others, who are charged
| with having unlawfully conspired to pre-
vent the majority of voters from determin-
| ing into whose hands the government Of the
| State shall pass. If gentlemen have in
any way conspired to defeat the will Of
the majority, which is made the ground
work of republican government in this
country, it is certainly violation Of that
guaranty Of the federal constitution which
is intended to secure to each State re-
publican government But there may be
another and greater reason why public
attention is now SO earnestly directed to
the proceedings that are going on in one
Of the federal courts Of the nation. That
greater reason may be to know what con-
struction is to be placed upon law Of
Congress passed to aid the people, with
out distinction of color or previous con-
dition, in securing a republican govern
ment and exercising all the rights
conferred upon them by the federal
constitution; and among the most
essential of these rights must be
considered the right Of the major
ity to determine who are to administer
the government. In this State we have
recently had an election, and the people
were divided into two great political par
ties-the one Republican and the other
fusion, or perhaps it may be more prop
erly called Democratic. This fusion party,
it is averred, secured the aid Of Governor
Warmoth by promising that if successful .
ID electing their ticket and getting control !.
IF the State government they would send |!
lim to the United States Senate. In :
Of the programme. it is well !
Known that Governor Warmoth stumped .
he State during the canvass in the inter
,st OF the fusion party, and it is further
.lleged that he used all the powers Of his
,fice for the same purpose, before and
fter the election; and that in consequence
# his conduct several thousand voters, on
ccount of color and previous condition,
ave been deprived Of their right to vote for
Governor, members of the Legislature,
tc. This was the condition Of things at
be time the election was being held
When that was over, and tie time had
ONE for the returning board, designated
y the election law in force when the cleo.
on was held, to act, it is alleged Gov
rnor Warmoth again exerted himself 20
lange that board in the interest Of him
IF and the fusion party, and to prevent
fair canvass by the returning board Of I
u the election returns. Governor War
.oth's action in this respect led to the
,eation Of two returning boards. and |
le conflict thereby created caused i
II, Kellogg to seek redress. t
rough the enforcement act, in a
deral court. And after Governor c
,armoth had been enjoined from pro. ]
eding further in the interest Of party
It'll a judicial hearing could be had, he Z
'oceeded to return certain officers elected {
dyes, etc. gave them their commissions, S
ID some of them actually forced their n
" into court and took possession VI ct D
mis- so that il State courts had to de- h
lie the matter at issue between two po- b
ical parties contending for supremacy, Il
e advantage would be with the party 2
AIDED by Governor Warmoth. This con If
ion of things will account for the great m
bic interest that is taken in the very el
portant proceedings now gong Oh in ht
} United States Circuit Court in this &C
fl
yesterday the whole time Of the court al
5 occupied in hearing counsel for the to
ense. Mr.. Eustis opened the argument az
spoke about two hours in deliberate,
e and most impressive manner. He
llenged the jurisdiction Of the court in
matter under consideration, and pro- de
ed good deal of authority that ex- ar
d prior to the war, in support Of his III
ition; all of which, it is quite certain, lnj
OF applicable to the case now being qo
sidered. He even quoted the eleventh an
TO the United States constitu- Sla
!, as an offset to the fourteenth and ff. Tel
lth amendments and congressional leg. e.
ton intended to give force and effect el'
he same Judge Howe followed in a -
k attempt to convince Judge DurelI MI
the enforcement act is unconstitu. '1
al PlS
is probable that Mr. RandelI Hunt ne'
close for the defense tomorrow. 9
Le Mr.. Billings and Mr.. William H. ="
It will next be heard for the prosecu. ="
and as they are al able lawyers and os'
kers the public interest in the case is
likely to flag. 4
fore adjourning the court Judge Du. ~
announced that as the President Of 'il'
United States had issued his procla. !"