The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-12-24

AoSioAatufe ana 10 tue GOYernorship,
we're made defendants in ono or the other
OF these suits. Tho cause of complaint
was that they severally apprehended that
tney would be deprived of the Offices for
wh!ch they had been candidates. They
claimed to have had the majority of votes
at the election, and that there had been
10000 voters prevented from voting.
because Df their complexion and of their
previous state Of servitude, whose votes
they would have received. The bill of
Kellogg professed to be for the preserya-
ton and perpetuation OF the evidence of
the election, and to have reference to the
support of o suit he might have to bring
TO recover the Office. Antoine's suit was
similar in the claims of title, and had
reference IN it's prayers for relief to the
organization of the General Assembly. at
its meeting under the proclamation of
1872. a'!s ''T,
4th. The parties to these suits were all
citizens of the State of Louisiana. The
OBJECT OF the suits was to assert tito to
offices OF the State, ID advance Of. any
decision or announcement by any board
OF any person a., elected, aud to tloter-
mine the persons to make the decision
and the announcement by, the indicial
authority Of the Circuit Court of the
United States. Pending the suits an
en pdrte md private order was made in
the suit OF Kellogg, to tho effect that the
defendant, H. 9. Warmoth, the Govern
or, had, i'll violation of the restraining
order Of the Court, issued a proclamn,
ton and the. return of certain persons
claiming to be tho board of returning
officers. The terms of said order were
as follows: =.
Nov, therefore, to prevent the fur
ther obstruction Of tho proceedings in
this cause, and further to prevent the
violation of the orders of this Court, and
the imminent danger of disturbing the
public peace, it is hereby ordered, that
the Marshal of the United States for the
District of Louisiana shall forthwith
take possession of the building known as
the Mechanics Institute. and occupied
as State House, for the assembling OF
the Legislature therein. in the city of
New Orleans, and hold the same subject
to the further ord&Pf this Court; mean
whlle, to prevent an S51llawful assemblage
tHereln, under the guise or pretext of
authority claimed by virtue of pretend.
ca canvass and returns nude by said re-
turning officers, in contempt and viola
ton OF said restraining order: but the
Marshal Is directed to allow the ingress
and egress to and from the public Offices
IN sald building of persons entitled to
the same"
9th. The interlocutory and e.r marie
order in the suit OF Antoine, the oandi.
date for Lieutenant.G Governor, seems to
have been made as competent to
the order above quoted, in the suit of
Kellogg, which directed the occupation
OF the State capitol by the Marshal.
with directions to prohibit what is
termed In the order on unlawful assem-
blage. while the sane Marshal ia direct
ell to allow ingress and egress of per-
sons he might determine to be entitled
to such privilege This order In the
case OF Antoine is comprehensive and
explicit. None can mistake its import.
1t is: LIST. That tho Governor of the
State be enjoined and restrained from
examining the election returns or count.
ing tho votes, except in the presence OF
officers designated in these orders, and
from controlling, interfering with, or at
tempting to interfere with the organiza.
ton OF the State Legislature, from doing
any act, or from giving nny order or di-
reotton, or making any request which
may directly or Indirectly prevent or
hinder any person from being present
and taking part in the organiz alton of
the Senate called on the 9th December,
or any future day, who may be returned
as member thereof, by q board com.
posed OF 81. O. Warmoth, George E.
Bovee, JAS. Longstreet, Jacob Hawkins
and John Lynch, and whore names have
been transmitted to Charles Merritt.
Secretary of Senate, by Bovee, Secretary
of State.
I'd. That twenty armod persons, who
had boon candidates for the Office of Sc.
nator in the State Legislature, and who
were supposed to have been elected. and
had been declared to be so, were en-
Joined and restrained from participating
in any manner in the organization Of
the Senate, or doing any act about that
organization, unless their names should
appear on Bovee's list OF names of mem
bers OF the Senate, as transmitted to the
Secretary OF State, Chas. Merritt.
Sd. About one hundred persons. whose
names are given, who were supposed TO
be elected to the House of Representa-.
tlves OF the General Assembly, and had
been declared to be so elected, we're sim.
ilarly epjoined from participating in the
organization Of the House OF Repre-.