Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-12-07
LOUISIANA.
United States Troops CHARTERED in the
Halls OF Legislation - Kellogg
versus WarmOth-LiVely
Times.
GOTernOr Warmeth Before the United
States COPrt-A Synopsis Of Judge
DurrelPs Decision.


half-past two O'cloek to-day two cOmpa-
nies of the First Artillery, United States
troops, under the direction Of Deputy
United States Marshal Deklins, took
possession Of the Statehouse. Part Of
the troops were quartered in the Senate
Chamber ami part in the Chamber Of
the House Of Representatives, while the
officers and the Deputy United States
Marshal took up their quarters in the
Governors ante-rOOm. The doors were
closed and guarded, and egrcss and in
Sress denied 10 all except the officers OF
the State.
The following is the authority by
which the United States officials took
possession of the Statehouse:
Circuit Court Of the United States, Fifth Cir
cult and District OF Louisiana. In equity
GS0-William p. Kellogg ". h. c. Warmoth
ci al.
WHEREAS, Henry c. Warmoth, one
Of the respondents herein, has lin viola
tion Of the restraining order herein
issued the following proclamation and
return Of certain persons claiming TO he
Board of Returning Officers, in viola
tion and contempt of the said restrain
ing order as follows:
STATE or LOUISIANA. EXECUTIVE DEPT
New ORLEscSs, December !, ls72.
o
kereil, Thomas Isabel, J. A. Taylor and
J. A. Taylor, Returning Officers, ap-
pointed by the Governor to fill vacancies
existing, in accordance with the cOnsti-
tuition and laws of the State of Louis
lana, have made a declaration of the
result of an election held November 4,
1872, and have declared certain persons
elected TO the Senate and House of Rep
resentatives of the State of Louisiana,
As will appear from the returns herewith
attached, and made part of this pro-
clamatiOn; and, whereas, such returns
are compiled from the official leturns of
Commissioners of Election and Super
visOrs Of Registration, on file in this
office, and are in fact and in form accu-
rate and correct, and made in accord
ance with law; now, therefore, /, Henry
Clay WarmOth, Governor of the State
Of Louisiana, dc issue this, my prOcla-
nation, making known the result of
said election aforesaid, and command all
officers and persons within the State of
Louisiana to take notice and respect the
same.
TSignedl Il. c. WARAIOTH.
Now, therefore, in order to prevent the
further obstruction Of the proceedings in
this cause, and, further, TO prevent a vi
OlatiOn 81 the orders Of this court, and
the imminent danger Of disturbing the
public peace, il is hereby ordered that
the Marshal OF the United States for tie
District of Louisiana shall forthwith take
possession Of the building known as the
Mechanics Institute, and occupied as a
Statehouse for the assembling of the
Legislature therein, in the city of New
Orleans, and hold the same subject to
the further order of this court, and in
the meanwhile 10 prevent all unlawful
assemblage therein under the guise or
preteXt Of authority claimed by virtue Of
pretended canvass and returns made by
said pretended returning officers in CON |
tempt and in violation of said restrain /
ing order; but the Marshal is directed TO |
allow the ingress and egress to and from /
the public offices in said public building, |
10 those entitled to the same
E. II. DURicLLs, Judge. |
In obedience TO this order the United |
States Marshal called upon General /
Emery, commanding the department, /
for a military force to execute the above /
order, which was promptly furnished, |
and possession taken of the Institute, as /
before telegraphed.
JUDGE DURRELL's DECISION.
The extra T1is6s has the following: 4
At as early an hour as ten O'Clock the /
United States Circuit Courtroom con- l
tained probably three hundred and fifty /
persons, most OF whom were colOred. |
and the crowd increased every moment, /
coming in a long file, and at about half /
past ten almost every available seat out /
side Of the railing was occupied. The I
crowd was in the best of humor, and the /
laughing and talking was incessant. 4
There seemed TO be scarcely a doubt in 4
the minds of anyone as 70 the way the /
decision would be rendered, and cOnse-
quently those in the crowd, which from /
all appearance was composed of men in |
favor of the CustOmhOuse, who under
stood anything about the matter and /
could anticipate the result of the decis-
ION, were iubilant. Governor WamOth /
came IN at about eleven O'Clock, and in /
a short time was joined by Colonel Nc
Emery. The Governor appeared to be
no wise surprised or dismayed.
At fOrty-five minutes past eleven |
O'Clock, Judge Durell entered, and i'm 4
mediately after the court had been /
called 10 order. Attwelve o'clock noon, 4
the Judge commenced reading his decis- /
ION He commenced by describing the 4
bill as a well known one to chancery /
courts to perpetuate testimony; this bill 4
is brought under the acts of 1870 and 4
1871 of Congress. The act of 1870 was 4
quoted from the first section to show |
that the right to vote was guaranteed, /
without distinction on account of race,
color, or previous condition. Section 4
three was quoted from regarding the
registration, and an offer 10 register as
being lawful registration. The twenty
third section was quoted to show that a
defeated candidate, who has been de-
feated or deprived of his Office on ac-
count Of the denial 10 vote on account Of
race, color, etc, can bring his suit in
the United States Court Section three
Of act Of l57l was quoted TO show that
the United States Court has general
Jurisdiction. The above acts were found
TO enforce the fifteenth amendment
The discussion has been very full and
able on both sides, for which the Court I
thanks the counsel. the first question
Is, are the acts constitutional The OBJ
iect % the amendment was 20 protect
all citizens in their right to vote. Now,
before the act Of 1870, four millions Of
our present citizens We're slaves. Slave
~ always was a source Of trouble, and
eliminated in civil war. The war made
slaves citizens, and it was necessary 70
protect such citizens by the United
States Government, in their right TO
mer masters. The acts OfCOngres passed
for this object are wise. Tie fifteenth
amendment is very broad in its scope.
Il protects all natives, and foreigners
also are made citizens. The other
amendments did not need legislation to
enforce them. The fifteenth did; hence,
the acts of Congress, which effected
their object by either criminal pro
ceeding or a civil. The bill alleges that
ten thousand citizens have been deprived
Of their right to vote, and that ten thou
sand votes, which would have been cast
for the complainant, are about to be
suppressed by an illegal board. This is
supported by four thousand affidavits.
WamOth meets this with only
his denial. His acts since the
canvass commenced have shown that
denial is futile. The cOnstitutiOnality
Of the Returning Board was then raised.
HERON was dc J0ct0 Secretary Of state
when Governor Warmoth removed him.
II all that the Governor alleges against
Heron be true, be could only be dis
placed by Judicial proceedings. Heron
and Lynch elected Hawkins and Long
street, which constitutes the legal board
recognized by the court by the act Of
November 20, 1872. The new election
law has no effect On this election.
The Heron board must continue 10
discharge the duties Of their Office until
their successors are inducted. The Her
ron board must finish the canvass. or no
legislature can be convened, and they ,
will be protected by this court. The
statutes are constitutional; the court has
jurisdiction the legal board is Warmoth.
Heron, Lynch, Hawkins and Long
street.