New-York tribune., 1872-12-07
PRICE FOUR CENTS
THE LOUISIANA TANGLE.
MILITARY AND LEGAL COMPLICATIONS.


HoUsE-THE CUsToM-HOUsE PARTY WCrOKI-
OUs.
NEW ORLEANS, Dec. 6.-At 24 q. m. to-day
two companies OF the First u g. Artillery, under drec-
ton OF Deputy United states Marshal took possession
OF the State House. Part OF the troops quartered
in the Senate Chamber and part in the Chamber OF tho
House OF Representatives, while the officers and Deputy
United states Marshal took up quarters in the Gov
ernor's anteroom. The doors closed and guarded
and egress and ness denied to all except officers Of the
State The seizure made under authority OF the fol-
lowing:
CIRCUIT COURT oP THE UNITED STATES, FIFTH CIRcurr
AND DISTRICT OF LoUIshNA-ln equity-No' o'SSo-"H-
liam p Kellogg agt. ii: e. Warmoth el a. .,o,aor,.
Whereas Henry c. WarmOth, one OF the respondens
herein has violation OF the restraining order heren
issued the following proclamation and returns oil SsrCn
persons claiming 10 be the Board OF Returning OinctI
all in violation and contempt OF the said restraining
oiu'' 40 STATE or LOUISIANA EXECUTIVE DrrARTNzsT}
BA<rea p s Wilt, G-el De,e Thomas isabel J. A. Tasioo
and Austin Otcr sppontei b. the 'Yenor 70 ~ "a
eanes eIisog accordance With ihs CSisloa ara s % q @
held Nov & s2 declared certain parties elected % TIE Ssne
iio fTa hsssf Sfn. 81 hereSy attached ssd mao, part
Ss9S a Escpo, sud sgoT d efsoa On se %
fac; and form accurate and correct aud 10 'o'o
Now therefore. H. Gay wAmoh, Goysrs'. q d. stat, Q,
aid election aoe snd Command within tie
State Of Louisiana TO take notice aud respect 'Ae 'aT'
Now therefore I'm order to prevent the further oDstc
ton Of the proceeding this cause, and further 70 pre-
mnent danger OF disturbing the public peace u u mere
by ordered that Marshal OF the United states for the
District OF louisiana shall forthwith take possession ot
the building known as the Mechancs institute, a@nu @
occupied State House for the assembling OF tne
Legislature therein, In the City OF NewOrean aud hoj
the subject to the further orders OF ts Court ana
meanwhile to prevent an uiaHiul assenioiases IlgraI
the guise pretext Of authority, claimed by VIZ
tue OF pretended ana returns made by sa pre-
tended returning oineers IN sonugnP. au" t H va
said restraining order. But the Marsha - dlfctu 20 a.
low the ngress and egress 20 and from he puDc ooeS
c. Ii. D.RELl, Judge.
Eeto- Orleans, La, Dec. s, 1872.
In obedience this order the United States Marshal
called upon Gen. Emory, commanding the department.
for military force to execute the above ORDER which
was promptly furnished and possession taken OF the
Institute.
A DECISION AGAINST GOV. wAEMOTH.
w-ORLEANs, Dec. Cat as early an hour
as 10 o'clock a. M the United States Circuit Courtroom
contained probably $50 persons most OF whom were col
ored and the crowd increased every moment Thera
seemed be scarcely doubt In the mind OF any one as
! TO the way the decision would Be-
At 1146 a. m Judge Durel entered, and Immediately
after the had been called to order commenced 20
read his decision. He begun by describing e D a5 a
well known TO Chancery Courts to perpetaate tes
This pill is brought under the aG,s % ne ne az li
section show that the right to vote was guaIaIcou
without distinction account OF race color or previous
Condition. Section was quoted regarding regstra-
on and offer register being In law registration
The 23d quoted TO show that de sdted esn
didate VINO mas been defeated deprived OF his once
on account OF denial OF the right 70 vote or account O
Court Section tie act OF 1871 was quoted TO snow
that the United States Court has general uiIsaieon
The aDove acts were found 70 enforce Ihe ihteon'n
The first question f. are the acts consptonali The
object of the amendment to protect ali clubens IN
their right Now, before the act OF 1870 4OOO
OF present citizens were slaves. sIaSefy was A
source OF trouble and eliminated civil war. Ihe war
made tne sSyei M he Hed sttes Goyernmsn in their
right to Yote against the preudices OF 1her former
masters. The acts Of Congress were passed Ior ,"s
!
foreigners also who are made dtizens Otner amend
| ments did not need legislation to enforce them. The
Fifteenth did Hence the acts Of Congress which eectea
their object by either criminal proceeding or CIVIL
The bill alleges that 10000 citizens have been deprived OF
their right vote, ana that 10000 votes when wold
have been cast for complainant are about TO oe sup,
| afidavits. Warmoth meets this with only hs denial:
His since the canvass commenced nave SHOWN Ihs
the denial Is futile IDe constitution ol Ins
Board was then revised Heron was dc Jdco secretary
OF State when Warmoth removed him II all an ,,t Una,
only be displaced by Judicial proceedings Heron and
Lynch elected Hawkins and Longstreet they constitute
tie legal Board recognized by this court by the act OF
November 90 1872 New election laws have no ehec on
their election The Heron Board must continue 20 dis.
charge the duties OF their office until their Successors
are inducted The Heron Board must fnsh the can,
yss OF no S Ss So1rt The statutes are constita
tiona Tne Court has jurisdiction. The legal Board u
| Warmoth, Heron, Lynch Hawkins and Long street
The question OF Keloggs eligibility is not pertinent
here and will not be passed upon Ihe opinion oi tne
| Court is however, that he Is eligible. ,
The aud decree OF the Court dyested OF techm
cal yerbage, 10 as follows; ....-,u,. ,,,,t,or,n,,
| eDiOins WarmOth against canYas>lng coHSuerluk,
pretending To canvass, &C. any OF he votes c. al tne
lastelection returus thereof eXcept the pres
ence OF John Lynch, Jacob Hawkins James Long tteeI,
and George f. BOyee members OF the Returning Board
for said election. and prohibits him from submitting any
returns Hatch and Dapunte any other persons eN-
cept Lynch, Hawkins, Longstreet and BoVee. IL also
prohibits him from suppressng or altering the returns
Ia any way OF from interfering with the Cus,omhOuse
Board. 1t enons Halcn, DapOne, and wharton IN Tue
manner prayed for in the compainants OIL. ~ orders
WarmOth deposit immediately In the once OF te
Clerk OF the Circuit Court all returns or other
he have relating To the election IN oruer Iu coPc
! do nf flplu
Judge Dureli, having finished reading the decision,
ordered the rule FOX contempt to be continued un Mon
day aud the Court to be adjourned TIL tomorrow
MARSHAL PACKARD's BULLETINS.
WASHINGTON, Dec. 6.-The following tele'
| grams have been received here;
| NEw-ORLRANs Dec 4. 1872.
WIN. E. CHANDLER, Secretary hdtohdl Co"'imLtee:
certicate of election fIom the Canyassng 30 r and
to-day the vote OF Louisiana FOR Crane an "sh.
Keoggs attorneys closed their argument before Juge
Dureil and are confident OF their Decision ex-
peeted Friday s. b. PACKARD.
| President Stale Committee
| w-ORLEANs Dee. 6.
To Hon. Geo. H. Williams, Attorney General Basthgion:
The United States Court yesterday directed the Mar
sha 70 take possession of Mechanics Institute, subject
10 the further orders OF the Court and IN tue meanwhile
to prevent any unlawful ssemblage IN violation OF the
restraining order OF the Court In the case pending under
the guse or preteXt OF authority claimed by virtue OF
| pretendpd csrvass and returns made oy pretended
| Returning Board, In contempt and violation u sald 9
restraining order In compliance at early hour ths
morning, occupied tho building with deputies ana
military posse furnished, on my requisltlOh' Oy yer.
| duties 5. b. PACKARD, u. ;. Marshal
| NEw-ORLEANs, Dee. 6.
| To The Attorney General Washington: -.
The Court rc cndered Judgment IN the case to-day grant
clare ms Lynch Returning Board the only legay-con-
stuted Board 90 make the canvass, and required pro-
| ductloL to said Board OF all election returns -,
| 5. b. PACKARD, u p. Marshal
| ------
THE MIFFLN RAILROAD DISASTER