, 1872-12-07
United States Soldiers in Pos
session of the Louisiana
State House.
Warmoth Enjoined from Having Anything
to Do with the Election
Returns.
The Custom House Returning Board
Pronounced the Legal One.


Political Matters Elsewhere.
THE LOUISIANA lMBROGLIO.
s.sEw ORLEANS, La., Dec. 6.-The following
is the authority by which the United States
officials have taken possession Of the State
House:
The Circuit Court OF the United States, Fifth Circuit
and District Of LouiEiana-In equity, $780, William
WnEsEss ] Henry G. Warnoti, ~ one Of The respond
ents herein, has, in violation OF the restraining order
herein issued the following proclamation, and the
Returning Officers, aA in violation and contempt OF
the said restrainer order, as fellows:
estate OF Lou1s1ASA, EXECUTIVE DEPARTMENT.
'tNEw ORLEANS. Dec. 4, 1872.
';WHEzEAs, P. i. Witt, Gabriel Defe11et, Thomas
Isabel, J. A. Taylor, and J. E. Austrian. Returning
Officers appointed By the Governor to fill vacancies
existing, in accordance with the Constitution and iaws
Of tho State of Louisiana, have made declaration OF
the result Of election held Noy. 1872, and have
declared certain persons elected to the Senate and
House Of Representatives, Of the State Of Louisiana
VII appear from the returns herewith attached and
made part Of this proclamation; and,
"HHEEEAs, Such returns are complied from the
official returns. Of Commissioners q Election and
Supervisors Of Registration, file in this
otnce, in fact and form accurate and
correct, and made in accordance with law:
eno S9 Of te State Of fousana % 5suo
this, my proclamation, mailing known the result Of
5a bn M 4 o sn 1 u aH noc
and respect the same"
{signed) "H. c. HAasrorH."
obstruction Of the proceedings in the cause, and,
further, to prevent violation Of tho order oi this
ub reae It is hereby orersd asdr that tie Of
the United States for the District Of Louisiana shall
forthwith take possession Of the building known
State House for the assembling. Of the Leg
!5a:ure theren in the city Of New Orleans and hold
and in the meanwhile to prevent all unlawful assem-
baes therein under the guse p1etext Of authority
claimed BY virtue Of pretended canvass md returns
and in violation cf said restricting Order but the Mar
ahal is directed to allow the nsress and gresa TO and
to ned Sao p1a 91ae
NEW ORLEANS, Dec. s, is72.
In obedience to this order, the United States
Marshal called upon General Emory, command
ing the Department, for military force to exc
cute the aboye order, which was promptly fur
nishea, and possession taken Of the Institute, az
before telegraphed.
At about 2:30 o'clock this morning, two COM
panies Of the First Artillery Of United States
Marshal Decklins, took possession Of the State
House. Part OF the troops were quar-
tered in the Senate Chamber, and J.
part in the Chamber of the House Of
Representatives.. Ewhilst the officers and
Deputy United States Marshal took up their
quarters in the Governors ante-room. The.
doors we're closed and guarded. and egress and
ingress denied to all except the officers Of the
State.
An extra Times has the following:
"At as early an hour as 10 O'Clock, the United
States Circuit Court room contained probably
$50 persons. most Of whom were colored, and
long file, and at about 10:45 almost every
available seat outside the railing Was occupied.
The crowd was in the best OF humor, and the
laughing and talking was incesaant. There
na7 IN ha 11,,tf in +1,a 5u ,f
any one IS to the way the decision would be,
and, consequently, those in the crowd,
which from al appearances, was con-
PSsd Tanae 1f men w5o n svon snvn 1 ,ne the
the matter and could anticipate the result Of the
decision, we're jubilant
Governor Warmoth came in at about II o'clock,
and in short time Was Joined BY Colonel
wise surprised Or dismayed. At 11:45 o'clock,
Judge Duren entered, and, Immediately after
the Court had been called to order, commenced
to read his de :islon.
known one to Chaneery Courts. This bill
is brought under the acts Of 1870 and
1871 Of Congress. The act OF 1870 WIS quoted,
first section, to show that the, right to
vote was guaranteed without distinction on &C.
count Of race, color, or previous condition.
Section s Was quoted regarding registration and
the offer to register as being in law registration.
The tEanty-thlrd Section was quoted to shoE
or deprived of his Office on account Of denial
to voter on account Of race, color, ETC., eau
bring his suit in the United States Court. Sec
tion Of the act Of 1871 VAS quoted to show that
the United States Court has general jurisdiction.
The above acts we're framed to enfore the Fiji
teenth Amendment The discussion has been
very full and able on both sides, for which the
Court thanks the counsel.
tonal? The object Of the amendment was to
protect al citizens in their right to vote. Be-
fore the ect OF 1870 four millions of present
citizens we're slaves. Slavery ALWAYS was source
Ct trouble, and eliminated in civil war. The war
.nadc the slaves citizens. It WAS necessary to
Protect those cit N b the United States Gov
eminent in their right to vote against the prelu-
dices Of their former masters. The acts of
wise. The Fifteenth Amendment is very broad
in its scope. It protects al natives, and for
eigners also are made citizens. The
other amendments did not need
legislation to enforce them. The Fifteenth did
Hence the acts Of Congress which affected their
object by either a criminal proceeding or civil
one. The bill alleges that 10000 citizens have
been deprived Of the right to vote, and that
II, 900 votes which would have been cast ior tho
complainant, are about to be suppressed By an
Illegal Board This is supported by 1000 aftida-
Wits. Warmoth meets this with only his denial
His acts since the canvass commenced have
::vised. . HerSon vas de jacto Secretary Of
State when wa1moth removed him.
II. all that the Governor alleges
against Heron be true, he could only be dis
placed by judicial proceedings Heron and
Lynch elected Hawkius and Longstreet, which
constitute the legal Board recognized BY this
Court. The act Of Nov. 20, 1872, new Election
law, has no effect on this election. The Heron
Board must continue to discharge the duties Of
their Office until their successors are inducted.
Tile Heron Board must finish the canvass, or
no Legislature can be convened, and they will
be protected by this Court. The statutes are
constitutional. The Court has jurisdiction.
The legal board is Warnoth, Heron,
Lynch. Hawkins, and LongRtreet. The question
OF Kelogg's eligibility is not pertinent here. and
will not Be passed upon. The opinion of the
Court is, however, that he is eligible. The order
aad decree Of the Court, diVested OF technical
ye-bage is as follows: