New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-09

OF the board, then the vacancy SnOuId De
filled by the residue Of the board Of return
ing officers; that's said law further provides
that within ten days after the closing of
the election said returning officers shall
meet in New Orleans to canvass and com
pile the statement of votes made by the
supervisors OF registration and make re-
turns of the election to the Secretary OF
State, and they shall continue in session
until such returns shall have been com
pleted; that the Governor shall, at such
meeting, open, IN the presence OF 6ald re
turning officers, the statements OF the
supervisors of registration, and that the
returning officers shall, from such state
ments, canvass and compile the returns OF
the election in duplicate; that one copy OF
such return shall be fled in the office OF the
Secretary Of the State, Of said State, and Of
one copy they shall make public pr0cla
nation by printing in the official journal,
and such other newspapers as they may
deem proper, declaring the names OF all
persons and officers voted for, the number
Of votes for each person, and the names OF
the persons who have been lawfully elected;
the returns Of the elections thus made and
promulgated are, by said State law declared
to be prlma facie evidence, in all courts OF
justice and before all civil officers, of the
right OF any person named therein, to hold
and exercise the Office to which he shall by
such returns be declared elected.
And your orator further shows that, by
the law Of said State, the said board OF re-
turning officers are vested with full and
competent authority and jurisdiction to ex-
anime into the truthfulness Of any such
statement, certificate or return; to hear
testimony, require the production OF papers,
and to investigate into the fairness OF the
election in any Of the several parishes,
polls or election precincts in sad State, and
to determine whether persons who were by
law lawfully entitled to vote at such cleo
ton were deprived Of or refused the right
of franchise by reason of race, color or pre-
vious condition, or otherwise; anu II It APP
pear that a sufficient number Of the qualified
electors entitled to vote at any poll or y0t-
ing place were refused the right of franchise
unlawfully, so as materially to change the
result Of the election, said returning officers
are prohibited from canvasslng or cOmpll-
ing the statement of votes Of such poll
or voting place i'll their return, but are
required to exclude it theretorm.
Your orator, further complaining, shows
unto your hOnOrs that ten days after said
election, and at the time when said return
ing board was by law required to meet, the
same did so meet; that the defendant,
Henry G. WarmOth, as Governor OF this
State was present at such meeting; that I.
b. S. Pinchback, Lieutenant Governor,
Francis j. Heron, Secretary OF State, and
John Lynch we're also present, constituting
a majority of said board; that it was then
and there determined that said p. b. ).
Pinchback and T. G. Anderson, being can
didates for office at said election and in
terested therein, were disqualified from act
ing on said board, thereby reducing the
members OF said board present to the sad
defendant, NYarnOth, the said Francis j.
Heron and the said John Lynch, who still
constituted a majority of said board; the
said board then proceeded by authority OF
law to fill said vacancies in said board, and
filled the same by the election OF Jacob
Hawkins and James LOngstreet; that said
board was thereupon properly organized to
proceed to said canvass, and were duly
sworn according to law
And your orator further shows that said
defendant, Henry G. Warmoth, pretending
to be in possession Of the returns OF large
number OF supervisors Of registration, re-
fused to open said statements Of the super
visOrs of registration in the presence of
said returning officers, being influenced III
such refusal, as your orator verify believes,
by the fear that said returning board would
make due and proper investigation OF the
truthfuness of said returns and statements,
and that said scheme for excluding lawful
ballots would be defeated, or that evidence
of the frauds that had been so committed,
and of the fact that large number OF per
sons had at such election offered to vote
and had been denied the right to vote, con-
trary to the constitution and acts of Con
gross would be discovered and preserved
III such form that the same could be used
and of avail in any action or proceeding IN
stituted By yOur orator to determine his
right to the Office Of Governor of said State,
but the said Henry G. Warmoth made trivo-
iOus excuses for not discharging his said
duty, and said board of returning officers All
iOurned until the next day without any fur
Their action, when, in order to cover up and
conceal said frauds and to prevent the
proper legal canvass of said votes, the said
Henry c. Warmoth, without any
legal authority or color Of law, pretended
to eject the said Francis j. Heron from the
Office of Secretary Of State, and with force
and arms attempted to take fOrcible pos
session Of the records and archives OF the
Office of Secretary Of State into his custody,
and without warrant or color OF law pre-
tended to appoint the said defendant, Jack
to the office Of Secretary ofState,
and that the SAID Jack Wharton, willing to
all in the said unlawful scheme, pretended
TO he Secretary OF State, and, as such,
member of said returning board; that said
Henry G. Warm0th thereuDOn
that he had conferred the Office
Of Secretary Of State on said Wharton,
combined with said Wharton, and they to-
gether pretend to have elected as members
Of said returning board, the said defend
ants. Frank Ii. Hatch and Durant DaPonte,
and that although they and all Of them
we're we'll aware that all said actings and
dOings were in all respects fraudulent and
in violation Of law, and that none OF the
said defendants except the said defendant,
SNarmOth, had any colorado right to pro-
3eed to the canvass of said statements,
certificates or returns, and that he,
5he said WarmOth, had no right
10 open or submit the same to any
persons other than the said Lynch, IIaw-
5ins, Longstreet and Heron, yet the said
defendants Warmoth, Wharton, Hatch and
Da P0nte, III order to aid in such scheme OF
fraud. pretend to be q lawful returning
board; that the said defendant, Walmoth,
rs your orator is informed and verify be-
ieyes, while refusing to open and deliver
said statements, certificates and returns to
said legal returning officers, who were or
yaniZeG and in actual session, has i'll fact
opened and submitted the same to said con-
spirators and intruders, excluding said law
1ul returning officers from any canvass; |
hat your orator believes and, therefore,
AYERS the fact to be that it is the intention
md deliberate plan OF said defendants
aforesaid. pretending to act as returning
board as aforesaid, to make such pretended
canvass of said votes as shall effect an APP
parent defeat Of ynrr orator and declare
The said McEnery elected as Governor Of
said State: that to produce said result they
will give effect to all such fraudulent certi,
icates and returns as tend to produce such
IN effect and tend to exclude from all con
alteration, count or canvass. all votes OF
jersCns of color that have been suppressed
)r prevented from being cast, and that it is