The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-12-07
Louisiana Complications
The Federal Authorities Take
Possession Of the State
House.
Gov. Warmoth's "UnlawfuI
Assemblages" Suppressed.

NEW YORK, December GA Times
New Orleans dispatch states that Judg
Durrell, who will probably deliver Q de
ctsion In tho case Of Kellogg %. War.
moth to-day, has received several letter
threatening his lie, and that he Is to bl
assassinaied II he decides in favor Of th,
Governor elect. The better class Of citi
zens reprobate the course Of Warmoth
fearing that 1t will precipitate conflic
with the Federal authorities.
NEW ORLEANS, La, December O.
At about halt.past 2 o'clock this morn
ing two companies OF the First Artiller,
OF United States troops, under direction
OF the Deputy U. s. Marshal, took posses
sion OF the State House. Part Of thu
troops were quartered in the Senate
Chamber and part in the chamber of the
House Of Representatives, whilst the Off
GERS and Deputy U. s. Marshal took W
their quarters In the Governors ante
room. The doors were closed and guard
ed, and egress and ingress denied 10 al
except the officers Of the State.
The following is the authority by which
the United States officials took possession
Of the State House:
Circuit Court Of the United States, Filth
Circuit, District OF Louisiana, in equity
6O,SsO; VIM. P. Kellogg o. II. @. War
moth a. al.
Whereas, Henry G. Warmoth, one Of
the respondents herein has, in violation ol
the restraining order herein, issued the
following proclamation and return ol Ger
tain persons claiming to be the Board oI
Returning Officers, all In violation and
contempt Of said restrained order r, as fol.
lows:
[HeFe follows the proclamation printed
yesterday,
Now, therefore, in order to prevent the
further obstruction oi proceedings in this
cause and further to prevent q violation ol
the order OF this court, and the imminen,
rdanger Of disturbing the public peace, II
Is hereby ordered that the Marshal of the
United States, for the District OF Louis.
ana, shall forthwith take possession oil the
building known as the Mechanics Insti-
tute and occupied as State house for the
assembling Of the Legislature therein, In
the city OF New Orleaus, and hold the
same subject to the further order OF this
court, and in the meanwhile to prevent all
unlawful assemblages therein under the
guise or pretext Of authority claimed BY
virtue Of the pretended canvass and re.
turns by said pretended returning officers
in contempt and in violation of said res
training order; but the Marshall Is direct.
ed to allow the ingress and egress to and
rom the public offices in said public
buildings entitled to the same;
3. q. DURRLI, Judge.
NEtO Orleans, Dec 5, 1879.
In obedience to this order the United
States Marshal called upon Gen. Emery,
commanding the department, for a mill
tary torce TO execute the above order:
which was promptly furnished and DOS
session taken Of the institute, as before
telegraphed.
An extra Of the Times has the follow.
ing: At as early an hour as ten O'Clock
the United States Circuit Court room
contained probably $50 persons, most OF
whom were colored, and the crowd in
creased every moment coming in in a
long hle, and at about ten iorty.five
almost every available seat outside the
railing was occupied, tue crowd was in
the best humor and laughing and talking
was incessant. There seemed TO be
scarcely o doubt In the mind of any one
as TO the way the decision would be and
consequently those in the crowd which,
from all appearance, composed men in
favor OF the Custom House; who under
stood anything about the matter and
could anticipate the result Of tho decis-
ion, were jubilant.J
Governor Warmoth came in at abou,
II o'clock, and in a short time was Joined
by Col. McEmery. The Governor sp.
peared to be in no wise surprised or dis,
mayed. at HAS Judge Dlrrell entered
Immediately after the court was called ia
order he commenced to read his decision.
JUDGE DURRELI's DECISION.
At l2 o'clock noon the Judge com,
menced reading his decision. lie com.
menced by describing the bill as well
known one to chancery courts to per.
petuate testimony. This bill is brought
under the acts Of 1870 and 1871 of Con,
gress. The act Of 1870 was quoted. The
first section to show that the right 10 vote
was guaranteed without distinction on
account OF race, color or previous
condition. Section three was quot
ed regarding registration, and the
offer to register as being in law
registration. The 2Sd section was quoted
to show that defeated candidate who
has been defeated or deprived OF his office
on account Of the denial to vote on &C,
count Of race, color, &C., can bring his
suit in the o. s. Court. Section 3, Of the
act oil 1871, was quoted to show that the
y: b. Court has general Jurisdiction. The
above acts were found 10 enforce the 18th
Amendment. The discussion has beer
very full and able on both sides, for which
the Court thanks the counsel. The first
question Is, are the acts Constitutional
The object Of the amendment was TO pro
tect all citizens in their rights 10 vote
Now before the act Of 1870, tour millions
OF our present citizens were slaves
Slavery always was source oil trouble
and eliminated 10 civil war; the wal
made the slaves citizens, 1t was necessary
70 protect such citizens by the United
States government In their right to vote
against the prejudices Of their former mas.
ters. The acts Of Congress were passet
tor this object, and they are wise. Thl
18th amendment Is very broad in IL
scope. It protects all natives, and for.
eigners also made citizens, and the othe,
amendments did not need legislation L
enforce them. The 18th amendment did
Hence the acts Of Congress which ei
fected their object by either q crimina
proceeding or q civil. The bill allege
that 1OO, 600 citizens have been deprived
Of the right TO vote, and that 100, 900 vote
for complaint are about to be suppressed
by an illegal Board. This islsupporteC
by 1000 afldaYits. Warmolh meets thi
with only his denial. His acts since tn
CANVASS cOmmahced have ahnuyp that jo