The New York herald., 1872-12-07

quotcd-the inst section 70 snow that the right
TO vote was guaranteed without distinction on ac-
eount o. race color or previous eondisson Section
8 was quoted regarding registration and oner
to register as being n law registration. The
twenty third section was quoted TO show that
t.stgyh 4 DsrHArsD CANDlDA1s sA4tss
who has been deSeated or deprived Of his once on
account OF denial Of the right to vote on account
OF race, COLOR &c. can bring his snit In the United
states Court. sectssn 8 Of ths act OF 1871 was
quoted to snow that the United states Court has
general jurisdiction. The aSeye aets were found
to enforce the nfseenth anssameut The dis
cusston has been very full ana able on both sides,
5or which the Court thanks the counsel.
% AM TIE Aors s0osrlTyz,sx4I9 rnoes
me hrst question is Are the sets constitutional
the object Of the amendment was to protect all
citizens in their right 70 vote now before the act
OF 1870 oooof our present citizens were slaves.
Slavery was source Of soabse and eliminated in
evil war. The e..,res5 m ee
WAR MADE TBB SLAVES CITIZENS. tssl4sfo
Il was necessary to protect such citizens by the
United States Govcrnment in their right TO vote
against the prejudice Of tsek former masters.
The acts Of Congress were passed for
this eA,ect. They are wise. The Fifteenth
amendment is very broad in its scope 1t protects
oil natives and foreigners also who are made clti
zens other amendments did not need legislation
70 enforce them. me Fifteenth DID: hence the
acts Of Congress which effected then. object BY
either criminal proceeding o. civil The bi
alleges sass Ten thousand cI;,.sas ssys been de-
prived oftheir right 30 vote, ana that VIZ
TEN THOUSAND vOrss
wfich would have been cast for complainant are
abous 10 be suppressed by aa Illegal board. This is
Supported BY four thousand anidavits. War
moth meets this with only his aeniaL His acts
SINCE the canvass commenced have shown that the
denial is futile. the constitution or the Returning
Board was then revised. Berren was de ,acto Sec
retary Of State when WarmQth removed him. II
all that the Governor alleges against HERON be
true he could only be displaced by judicial pro.
ceedings. Heron and Lynch elected HawkiDs and
Longstreet; they constitute the legal Board recog
nized by this Court by the act Of November 2 1872
New electionlaw have no eject on their election.
THE nsRRoN BoABD MUST CONTINUE II
to discharge the duties Of their once uHti their
successors are inducted. The Heron Board must
nnish the canvass or NO Legslatare can be con-
vened, and they win be protected by this Court.
The statutes are constitutional the Court has urs-
diction. the legal Board Is Warmoth Heron,
Lynch. hawkins and Longstreet The question Of
KellOge's eligibility he not pertinent here, and will
not be passed upon. The opinion Of the Court IA,
however, that he rs eligible. i1n '...ls9
taN / ~. SHE ORDER AND DnCRsB 81 giaail /,
Of the Court divested Of teclnical serbage. is as
sonows:- entoins warmoth against canvassing,
considering, pretending 20 canvass, &C., any u the
votes cast at NE last election. or any returns
thereof, except in tAe presence Of John Lynch,
Jacob Hawkins James sLongstreet and George f.
Bower, members Of the Returning Board for said
election, ana preAlssts him from submitting an,
returns Of Hatch ana Daponte or any other person,
except Lynoh, Hawkins, Longstseet and Bovee. },
also prohibits him from @N
G SURPRISING OR ALTERING THE RETURNS
In any wayor hom interfering with the Custom
House Board 1t enjoins Hatch, Daponte and
Wharton in the manner prayed for In the CON-
painants bill. 1t orders warmoth to deposit i'm.
mediasesy in the once Of the Clerk Of the Clrcui,
Court ~ returns or other documents he may have
relating 70 the election, In order that copies may
be made Of them, aud that they may be preserved
TO be used n necessary. ! - llNte1t si III nsr
Judge Durrel having finished reading sbe de.
cistsn ordered the rule for contempt 70 0c con-
tinaed until Monday anu the Court TO be adjourned
tinvo-morrow. HsA As.Ne ss VII. 5,s'
zn NOTIONS NOT IN ORDER. 4 ssA
Mr.. sBMMBs said:-May It please Your Honor,
wish to enter a motion in this matter.
Judge DURRBLL-l viii hear nothing to-day. ! dc
not feel weLt l can attend to hearing no melton
to-day; / win do It tomorrow morning.
Mr.. SExMEs-wi you allow it to be nled, TO b,
considered on Monday 3. n1HG. 4G.mngal
Judge DuRRELL-I will not permit it to be nlc,
without have heard 1t, and lwin not hear it til
Monday morning ..., ~. .-o,., s,......,..
The Court then adjourned until eleven O'Clock A.
M. tomorrow. tla CT Gi6c, sftN@g lc4s ~
After the decision was rendered Governor War;
moth went directly to his counsers Judge
Semmes0 ofice, followed by about thousand peo-
pie, all intensely excited, but attempting no dis
order. He there remained until four O'Clock,
when he returned TO his hotel. About i've O'Clock
he was waited upon by General Longstreet with
demand in writing for the election returns and all
documents relating thereto. The Governor re.
served his answer until tomorrow morning. m
r. THE DEMAND ON wARAoTH. a8gi +
The following Is copy OF the communications
OFFICE BOARD OF RETURNING OPFrcERs,
NEW ORLEANS, Dec. g, 1872
T0 His Excellency H. @. WARN0lu plrr
SIR-Thc undersigned members or the Board OF
Returning Onicers, having been appointed q com
mittee TO demand from you all papers,, documents,
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