Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-12-07
The Papers Demanded OF Governor
WarmOth.


The Returning Board, decided legal
one bV the United States District Court,
has demanded from Governor Warmoth all
documents relative to the election of Nov.
4, In his possession. The Governor has
not yet responded.
An Injunction Issued Restraining the
CustOmhOuse Party.
In the Eight District Court this evening
ipjunctions were issued upon the petition
of Armstead, Secretary of State elected,
against Wharton, Secretary Of State de
f&cto, and The Returning Board composed
of Isabelle, Wlese, Taylor, Austin and
DeeVerist, restraining the Customhouse
Returning Board from in any way interfer-
ing with the canvass Of votes. An applica-
ton has been made to have these cases
taken to the United States Circuit Court on
wriis Of certiorari.
Editorial Comments.
The Times, editorially, says Of Judge
DurrePs order for selling the State House:
This order was based on proceeding for
contempt before Judge Durrell, which pro-
ceeding is nov, or was at the time this
movement was made, under consideration
by Judge DurreIl. Theirs was, therefore,
no pretext of legality or authority 10 the
matter, Judge Durrell had declined to hear
the rule for contempt before entering
upon the argument on the bin in chancery.
The District Attorney had asked this pre-
liminaFy bearing, and it was the usual
course in equity proceedings where the par.
ties charged denied the contempt, made
their appearance and answered the inter
rosatories served On them in this state Of
th5 ease, and the facts, Without further no.
tice, hearing or demand, the Judge Of the
United States Court at the solicitation OF
the violent, lawless aud desperate men WHO
al order directed to the United
States Marshal, requiring him TO take
possession of the State House, and IN COM
pliarca with this order the Marshal OBJ
tailed a force Of United States troops and
moved upon the capitol under the cover Of
nigh. and obtained possession and oecu-
pancy Of the building in which The State
offices are situated, and excludes therefr0In
all persons who have no passes from the
United States Marshal. The pretext of
this order is to enforce q restraining order
Of the Court. The real object is stated TO
be TO prevent disturbance of the peace
and the assembIage OF any other
Legislature or the instalistlon of any
other State officials but those indicated.
The whole scheme on tie part of the cor
sDirato-s is a corrupt and infamous attempt
70 overthrow the government of the State,
TO abolish the State of Louisiana and re-
duce its people to the condition Of serfs.
Il remains 10 be seen whether the Govern
ment as Washington has authorized the
proceedings. Doubtless the General in
command at this post has general
orders TO aid With troops the United States
Marshal in enforcement IF all orders of the
United States Court, whether, however,
such order contemplated their. employment
for such purposes and otj9cts, we shall
quickly learn. Several bodies Of troops
have arrived here in the past few days, and
it is understood that orders have been given
By the War Department for the concentra-
ton Of 10000 troops at this point. United
Scztes troops are still in possession OF the
Statehouse.
The fcllowiDgis an extrect from the ed:-
toria of to-morrOw's Republican:
The Judgment Of Judge Durrell in char
Gerry In the case Of Kellogg vs. Wsrmoth
and others, which we gave in our extra edi-
ton Yesterday, and which will be found in
this mornings Republican was so appropri-
ate to the law and the facts Of the case that
it really took non by sur
prise; bat the consequences
that will naturally and inevitably flow from
it are of the greatest magnitude, not only 10
the people of this State, but &c the whole
American public. It Is the principles in
yolyed and the roles enforced that lend i'm
portanea aud magnitude to this authorita-
tive settlement of disputed points. BIZ
that decision we are again reminded that
we are yet a nation and blessed with a re-
publican form of government, under which
The weak ana lowly have the right to vote
and have their ballots honestly counted,
that strategy, cunning, frauds, eVasions,
coup de etats, legal flank movements,
and chisaDery Of all kinds avail nothing TO
those who employ them in the long run,
and are bat poor dependence to those
Who employ them to defeat the voice Of the
people: thar the negro, however he may 0s
isspised by his While enemies, is, so FAR as
his vote goes, full aad perfec5 man, equal
before the laR in dignity and importance
% the most pulled mp aud infi ated sristo-
crat. This decision affords clear detin-
ition Of thslate war, the merits aud fruit
of this Judgment viii appear hereafter.
III tue first place, We expect to have he
publican majority in both branches of tue
General Assembly, with a Republican Iov-
ern0r and fell State ticket. Tire evidence IS
abundant to prove that the Republican ma
i9rity in the State, at the last election, az
tually exceeded 10000, which will be made
to apoear on a faiT. canvass Of votes. This
is simply our belief. If, however, we are
mistaken, and the legal returning board
shall tiDd thst the Democratic State ticket
Is elected, with a majority In the
Legislature, we shall then insist, With
whatever force we may possess that they
have their places, for We maintain that the
majority Of the people have absolute right
10 choose their rulers, aud the Judgment OF
the Circuit Court will be enforced. Ii Is
backed by an imposing force of forty mil
lions of people VINO yet remamber futile
;ifaTur. 10 defy the national authority. a
naor,ia rendered i.aious of their power By
freoua,.t Efforts to dispute il; but It viii moi
REQ Iira any CVgst exercise of force. The
mass Of this people approve the judgment,
aud 2 lew, OF HUNS a : ~ esI7P SAS-sS a. -
dare to oppose It.
The Tribune tG-morow editorlsily says:
Il did net need even recurrence to the
circumstances under which Judge Durrei II
prepared the decision rendered By hiiDyesier-
day. TO satisfy ali honest and intelligent
minds of the gross abSIr1ity asd partisan
virulsnce of this judgment. IL will be seen
that tins whole opinion is a mere string OF
tiicaa without particle Of authority therefor
in law or reason. The Unanswerable
refutation Of the propositions assumed 81
him was unheeded. Thus the decision Of
our State Court on the Interpretation and
effect OF . State statute IS treated with
utter contempt. The 6h District Court
hadalready decided that the act Of the 10Th
of November 1872 vas in fall effect, and
that 1t repealed all previous election laws,
and abolished the old Returning Board.
This decision Judge Durrsll, a mere
District Judge of the United States,
set aside, vetoing an act OF tie
LEGISLATURE Of Louisiana, and continuing
in their offices the members Of an abolished
board undet ABSURD appreciation Of the al.
ficle in cur State Constitution, continuing
an incumbens in Office until their success
sors are qualified.
After commenting on other points OF the
decision, the Times concludes: Of the other
pr0positions made by Judge Durreli, it
need only be said that they are all the
enanations of premedi.ated and
deep partisan acrimony against
\, -