The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-12-25

VIOLATION OF, OrQ2Eb OtntHlo .Co"h ~ IN
Sssoe: Ills hefsSFmdeted t6asstM marshal
OF the United States for the Dlstrlcssnf Louis
ana shall forthwith take possessiohA OF the
buildInQ- known "a OBSERVATION-DISCLOSURES
| aud occupied as q Statehouse Tor tne Assem-.
| Bling of the legislature therein, In the City OF
New, Orleans, and hold the e-subjeet-to-
the fnrlher order of this court, and meanwhile
to prevent all unlawful assemblages therein
under the guise or. pretext OF authority
| claimed by virtue ola pretended canvass ana
| returns made by the said returning officers IN
| contempt and violation OF said restraining
order; but the marshal is directed 10 aliow
| offices in said building of persons entitled 10
: Finn. The Interlocutory and ex ,parle
order In the suit of Antoine, the defeated can
| didate for ieutenant-G Governor, seems 10 nave
been made as the complement TO tne otaeb
above quoted In the suit Of Kellogg, Wnlcn
directed the occupation of the State capltai oy
the marshal, with directions to prohibit Wnat
10 termed In the order ian unlawful assem-
blage,"w while the same marshal ls directed W
| allow the ingress and egress OF persons 10
might determine to be entitled to 0ucn aprlvi-
lege. This order IN the case Oh aa. .oiS,ot &c
comprehensive and explicit; none can mlstahe
lis Import, or Its object. IL is; frst, tnaI tne
Governor of the State be ~erjoined and re-
strained from examining elecuon returns, oL
counting votes, except In the prese9ce ol
| officers designated In the orders, ana lroM
controlling, interfering With, or attemp1.
Ing to interfere With, the orga9lsatlon OIL
thee Stste Legislature, and from doing any act
or from giving any order or direction or
making a1y request which may directly or
| indirectly prevent. or hinder any person IRON
\ being present and taking part IN tne oIga na-
zation or the Senate called on tue stn L. 20
cember, Or at any future Day Nv Wa q boaSd com.
nnaed of 81. C. WarmoLh. Geo. I. bopse,
lanes Longstreet, Jacob HaWkins ano.yooa
IIvncb. and whose name has been transmitted
TO Charles Merritt, secretary OF Inc sens.e'
by George E. Bovee, secretary Vi oIa.o;
Second, that twenty anne persons WHO nan ~
| the State Senate, and who were supposed 70
| have been elected and had been declared u
he al. were eDIoined and restrained from par.
| fJc,nating in any manner IN the 0rganlzauou VI
the Senate, or doing any act aoout tnat olgau-
l~izarion, unless their names should appear on
| Bovee's list OF names OF members ot t luz S Se
| alta astransmitted-to the secretary OF the sen
| ate, Charles Merritt. Third, about one DUN
drea persons, whose names are given,
| who were supposed to be elected to the Hoqee
| of Renre sentatives Of the General Assembly,,
| and had been declared to be 80 electea, vas
| similarly enjoined from participating Ia tae
| organizaiontof the House OF RepresentaelVes
Il 0f ITOm OUluk dhy VI S"-
| nnlesa their names were on BoveeH nst Oh
Enembers. Fourth; the clerks OF the Senate
| and of the House of. Representatives, were
seyerally enjoiped from placing on any llsG, OF
| announcing the name Of any member, VI
| from recognizing as q member, or ueslgnaling
as a member, prior to or during tne organiza.
| ton OF the respective houses, any person
whose name was not placed upon Bovee's list.
| Fifth, the secretary of the State, Bovee,
|swasga enIeined = from receiving returns OF
the election of State officers, or OF menoers
Eofat1es General Assembly. ieAcspting, suoh
az should be filed In his office by the ooard
comp0sed of Warmotb, LongsLreet, Hawkins,
T,yneh and Bovee. Sixth, the chief of the
METROPOLITAN police and all of It's members,
numbering about eight hundred, and the
board were enj0ined tfrefn interfering with
fhe sorrsniHStlon; OF the General Assembly,
sandsnot tDspreyent those 01 the board land
ifst fromsehtering into the shs; If the Assem-
Div. Seventh, the persons imposing the
board recognized by the governor o were t- en-
declaring and publishing any calculation or
statement or proclamation Of the results, or
granting certificates of election, OF state
ments tending to show any right TO
office growing out Of the ballots cast
At the PAID election. Eas naIshai, assisted 90
byt q ~aetsehmepts fsa@s tnss . amy aydor .,
s6ei p 6osssssI ssasi III n sSsS is ssSsY capital,
sSa bslG \ 3 Tie stad December when the
General Assembly were to come together
under the proclamation OF the Governor. The
egress and ingress of persons were regulate9
according to this order. A person named
Piachback tool possession OF inc cnalr .. sns
been Esenatnr for 8 tenn ta9ht dad expired;
SSwhifsSAe hAag beerspnssid61t. 9t theHenate,
-and5dM virus of SUCH presid8ncy upderhthe
laws, he had acted as leutenant-governor
after the death OF Dunn, the lteutenant-goV-
ernor chosen In 1858. But at the time OF
these occurrences he was not merely functus
ofhcIo, as president of the Senate, but was
not q senator, and had no title or color
of tile to act as acknowledgements, or
to~take any part in the organization Of
the. Senate. TheGHouse ot2Represent
atives was also organized; the postmaster Of
New Orleans Its speaker. The certihcates OF
Bevee, under the Injunction, were taken ss
conclusive OF membership. Tnese oodies
passed resolutions for, heimpsachmenf or the
Governor, and thus Pinchback felt at liberty
to assume the title Of Governor. Two district
judgeships were abolished, and q new court,
called the Superior Court, was established
with extraordinary powers, and among others
exclusive Jurisdiction to determine titles to
office, and Mr.. Hawkins, one Of the members
OF The Bovee board, who had made the election
returns, was made Judge. Steps having been
taken by the Governor, In his official capacity,
to secure a:revision by the Supreme Court OF
the United States Of the chancery orders OF
the United States Circuit Court, these bodies
forthwith adopted resolutions to dismiss
those proceedings. The militia was placed
under the command of General James Long
street, another member Of the Bovee board,
and the arsenals were taken possession OF by
the aid of the United States army It has
beehIsupp6sed thatno amount OF professional
energy oEEglll WaaBdsqhates toNrask6 aconp
de main In q chancery cause.
This statement shows that 8 civil revolution
has been commenced, carried on and ACCOM-
pllshed MthiR.5,a lnnpEt month undeEsthe or
ders Of asGhaneeryC ourt, Insults over which
the courts had no jurisdiction at all, whether
OF parties or subject matter. The Circuit
Court Of the United States Ia q court Of limited
Jurisdiction, and without authority to enter
tain civil suits between citizens Of the same
State, unless the case crises directly under
the Constitution and lswso of the United States,
and the Jurisdiction is vested by act Of Con-
-gress.} Congress has NO power to confer
jnrisdlotiony In, any other case between such
citizens. It has no authority to give jurisdic-
'tion9of' asuit iof,R cilllen OF the State against
the State. Under the act OF Congress of 1870,
upon g single condition. OF facts, . citizen of a
Stale may maintain q suIt for IN office of a
State, within the Courts,of the; United States,
but the State Legislature is speclaNyexcepted
from the operation Of this act, In the same
clauses that excerpts the Office of members OF
Congress and Presidential electors. The ex
parte preliminary order in the case Of An
tome Ia ag eXpllcit a determination of tho