New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-08
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SEFfrlaL JOURNAL or THE UNITED STATES
OFFICIAL JOURNAL or NEW ORLEANS
THE STATE ELECTION CASE.

qircuit Court Of the United States, tIith
Circuit and District OF LOUISIANA, III
,s0uitv. No. 6S30-William 7. Kellogg vs..
nj q Warmoth ct als.-Bill OF COM
nlaiut District of u.siana, ). >.
sr, ~ rDdqes of the Circuit Court Of the United
states for the District Of Louisiana:
William Pitt Kellogg, of the city Of Ne"
Orleans a citizen of the State OF Louisiana,
brings this his bill against Henry Z. war
moth. Jack Wharton, Frank II. Hatcn, -'j'
rant DaPOnte, and John McEnefy, az cltl-
zens of the State of Louisiana and lnAaol'
tants thereof, and against the New orleans
Republican Printing Company, 9oHy cor
norate. duIy created and chartered by the
laws If the State CT Louisiana, and DOM
riIed therein, publishers Of the New Orleans
REPUBLICAE, a newspaper, being the 0llciSI
journal of the State of Louisiana OF Whie1
company w. r. Fish is president, ana
thereupOn your orator complains ana sly .
that in accordance with the consul l- III
and laws Of the State OF LOulsland, FL ~"
eral election was held in said STATE, ~ 5f an ~
her in fine wear of our Lord 1877, at WhLch
election there were, by law, to be Voteu lor
ord n1acted q Governor ana lieutenant
Ga1,orror ID veil as all officers IN the OK
ecntive iudicial and legislative DEPART
roents of The government OF tno 0IaIo u
J,o1,isiaua: that at said electlun your OIaUuI
-r,og 5,IIv nominated for and was cahQl-
S T@s 80 election by the sutfrages OF the
iauf,1 voters Of said State for the ONCE OF
Governor Of said State; that at the same
oIacfian +be said defendant, John McEnery'
T-ao also a candidate for election to the
sorna office. that. according to the law oil
tIe State OF Louisiana governing ana con
trolling said election, no person was u quar-
fed eleetor or entitled to vote at sald eiec-
tion until he had been registered IN list
Of nersone entitled to vote at said electlonj
+batt +be nrovisions of the law of said State
relating to registering, vested the appoint
1nent az the officers whose duty, by law, IL
WAS Ia register all such voters, IN SAID
Henry C. Warmoth; that at all times since
vour orator became candidate f0r such
election the said Henry G. Warlnoth, Gov
ernor of said State. has repeatedly aVoWeu
his intention to adopt and use all Inc means
in his power, and to so exercise unlaWIuliy
and extend his power and the power CON
ferred upon him by his position as Goyeie
nor as to unlawfulIy defeat the election OF
v0ur orator; that, for that purpose, IN the
Snpointlnent of the supervisors OF reglstra-
ton and the assistant supervisors OF regis
tration. he has so selected persons Tor the
office of supervisers and assistant super
visors of registration as to obtain persons
Dliable to his will and who would concur
with and aid him in the execution
of his unlawful plans and fraudulent
devices; to that end and Tor that pur-
nose. YOUR orator is advised, informed, and
verify believes the said Henry G. Warmoth
did especially make it condition, prece-
dent to the appointment of such officers,
that they should, in all things, and by all
unlawful means within their power, assist
IN tbe accomplishment of said ends; and
your orator further saith that one ot the
unlawful devices, plans and schemes OF Ihe
said defendant, Henry z. Warmoth, vas,
through the fundamentally OF ms SAD ON.
GERS and with their aid and by the pre-
tended aid of laws OF the State, to deprive a
large number of the citizens OF the state OF
go1isiana, in all respects lawfully entitled
10 the franchise, by refusing to register the
said citizens upon the List OF registered
voters BY reason Of their race, color anu
Drevious condition; that in the execution
and carving out Of said scheme, large
number of citizens OF the State VINO are
cOlored and who had been in a former con
dition of servitude were SO refused regis.
tration on various frivolous and unlawful
pretexts and preteuseS. amounting, as your
orator verify believes, to at least ten thous-
and voters that the said defendant, Henry
G. Warmoth, adopted the means and de-
vices aforesaid for the purpose OF depuylng
said voters of their right of franchise
as aforesaid with intent thereby to
prevent their ballots being cast Tor your
orator, and thereby to defeat your orators
election to said office of Governor; that
aifarward. and when said supervisors of
registration had completed, as they pre-
tended. the registration of the qualified
electors of said State, and had succeeded
an preventing the registration OF large
number of electors as aforesaid, and on the
day Of election, when said persons so re-
fused registration as aforesaid offered 10 DC
post their ballots for your orator III The
balIot-boxes at the places OF election, they
were also refused the right to deposit said
ballots, to the injury of your orator; That
your orator is in possession OF evidence 20
that fact preserved under the provisions
of an act of Congress, approved May 81,
1870, entitled An act to enforce the
RIGHT of citizens of the United States
10 vote in the several States of this Union,
and for other purposes" and the acts
amendatOry thereto Your orator herewith
exhibits and files the said certificates and
afidayits, with the ballots thereto attached,
marked one, two, three, four, and AYERS
that he ia informed, and believes that there
aretin evidence from three to five thousand
documents OF the same character that have
been in the same manner preserved, with
the ballots attached to said affidavit and
certificates in which your orator was III
Cluded by name as candidate for the office
of Governor of the State of Louisiana, and
that the persons SO offering to deposit SAID
ballots were, in each and every instance,
persons of color, and were refused the right
of franchise on account Of race and color.
Your orator, further complaining, shows
unto your honors that he has reason to be-
lieve, and verify does believe, and there
fore AYERS. that the said defendant, Henry
C. Warmoth, combining and conspir-
ing with the supervisors and assist
ant supervisors of registration, by
him SO appointed as aforesaid, has
caused d dishonest, incorrect and false
count Of the votes cast in the several par
ishes of said State at said election, and has
Taleifed and caused false and untrue re-
turns and certificates of the result and can
yass of the votes cast in the several par
ishes il said State at said election, and that
said count. canvass aud certificates are 50
false and untrue for the reason that large
number of the ballots deposited in the bal
lOt-boxes at said election by persons OF
color have not been counted and c0nsd-
cred, the evidence thereof preserved and
certified 80 that the same may be cnnVassed
and considered by the returning officers tor
elections in said State, and that he verify
believes that the votes and ballots SO sup
pressed were cast for and in favor OF your
orator as Governor of said State, and IN
all things sufficient to have elected him to
said office.
And your orator, further complaining,
shows unto your honors that, by the law OF
the State of Louisiana governing elections,
it is made the duty Of the supervisors or
assistant supervisors Of registration for the
various parishes in said State, to lmmcdi-
ately upon the close of the polls on the day
of election, and after the ballot boxes had
been by the commissioners of election re-
turned ia due form Of law to the supervisor
nE rncristrat finn to nrnnnnd In the ArnAnnnn