Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-12-24
LOUISIANA.
Address to the People Of the United
States.
A Terrible Arrangement of Radical
Rule and UsurpatiOn.
An Appeal to the Spirit Of '7e.

An Appeal 30 the Spirit OF '76.
WASHINGTON, D. c., Dec. 23-The
Louisiana COMMITTEES have issued an ad-
dress to the people of the United States,
who they believe are not unconcerned spec
tators of the events now transpiring within
the limits of that State, and of which it is
probsole no parallel can be found in history.
The committee report as utterly false the
insinuation that they are the mere allies
and agents of Gov. Warmoth. They are
not representatives of any personal party or
party interest whatever. So far as War
moths past conduct is concerned, few ii
any of them have not been among his most
pronounced opponents, while. in those
measures for which he has been most
loudly denounced he had for his advisors,
associates and CO adjutors, the very men
who now assail him, including especially
PiDchback, Antoine and others, whose
names figure most conspicuously In these
proceedings.
The ComInittee declare in reply to anoth-
er insinustion that they are no parties to,
and have no knowledge of, any political
trickery intended to defeat the true voice OF
the people; that they do Lot believe any
such existed, and that they would not bs
here unless they could proclaim copscieE-
ciously their conviction that the men who
have been foisted into the Offices of the
State have been not merely irregularly and
unlawfully installed, but were not elected
by the people, and were not, and are not
the choice of a majority of The voting pop
ulation of Louisiana.
! The Committee add that, all they have
asked of the Government is to make candid
and impartial investigation of the facts; and
then they proceed to give detailed state
ment of all the facts come cted with the
election, including the various injunctions
of the Courts, and with the organization of
| the partial Legislature which impeached
Governor Wsrmoth, and placed MIR. Pinch
back in bis stead.
"Steps having been tlken," say the COM
mittee, "by Governor Warmoth to secure
revision by the Supreme Court of the
| United States of the chancery orders Of the
United States Circuit Court, this body
| forthwith adopted resolutions to dismiss
| these proceedings. Militia was placed un-
der command of Gen. Longstreet and the
arsenals taken possession of by ths aid of
United States army. A civil revolution
was accomplished within month under
the orders of chancery court In suit
over which the court had no juris iiction at
all The Circuit Court of United States Is
court of limited jurisdiction and without
| any authority to enter into civil suits be-
tween citizens of the same State unless the
case arises directly under the cons
titution and laws of the
United States and jurisdiction
is vested by an act of Congress. Congress
has no power to confer Jurisdiction in any
other case between such citizens. 1t hss
no authority to give jurisdiction of suit
of a citizen of the State against State.
Under the act of Congress of 1870, upon =
single condition of facts citizen of a State
may maintain suit for an office Of State |
within the courts of the United States; but !
the State Legs lsture is specially excepted |
from the same clause that excepts members !
of Congress and Presidential electors. The |
organic alton of the Legisla ature is by a chan |
cery order. Had there been resistance TO |
the execution of their orders, and riot and |
bloodshed had followed, upon whom would |
have fallen the responsibility? By whose |
fOrbearance was it that a bloody catastrophe |
has not been exhibited as scandal to the
land?
SIT sometimes happens that the Executive
Department is tolerated, excused or justi-
fed in acts of administration which exceed |
their legal powers. The Arguments derived
from the terms of State necessity public |
welfare 'or convenience have here sooth-
ing influence; but the judiciary action is not
entitled to any benefit from such argument.
The damage VIII ch ensues from the en-
pl0yment of judiciary power TO accomplish
o.her than judicial acts Of administrat ion,
cannot be calculated, and it is impossible to
Justify court in determining that TO be le-
gal which is merely desirable, or that to be
right which is only profitable. The order
in the Kellogg case was ex parte. Il was
placed in the hands of marshal without
notice to the parties. 1t procee5s fer 40
alleged contempt By no legal procedure
usual in matters Of the sort, and we are
net aware of any imminenca of danger to
the public peace which justites the seizure
Of the State capitol in chancery cause in
a suit between kellogg aud q. canvassing
board-a suit professsdly brought to per-
petuate testimony.
" The case Of Antoine displays with more
distinciness the use that has been made of
Judicial orders to accomplish results Of
which the judiciary had no cognizauca.
Antoine was a candidate for Lieut. Gov
ernor and was entitled to bis office in jan
uary next had he been elected. With
disputed title, month in advances he filed
and obtained the order we have cited, plac-
ing under interdict the Governor, Secretary
If State, the members elecl Of both br Inches
Of the General Assembly, all The board and
officers and men of the police, and the MEN,
ters of the two canvassing boards; and up
on this lex psrte) order, The organizaton Of
tbs General Assembly, at time when he
had no share in any of its sittings, was reg
ulat and directed.
''Since the meeting in New Orleans un-
der which our committee was appointed
we have been met with the suggestion that
these orders and acts are facts accom-
plished' and that their revocation or rescis-
sion would rot restore the statu quo ante,
and that our complaints therefore are un-
seasonable. If the opinion we have be
correct, such condition ought not 10 sfftcJ
our action or conduct. When the King of
Great Britain established arbitrarily gOv-
ernment in one Of the colonies, the remain
ipg colonies took the alarm, lest it might
serve as q precedent ss well as an instru-
ment to establish such governments else
where. Besides men are less patient under
wrongful orders and acts of "a judiciary tri-
bunal than even Of violence from other
sources 9of authority. A government which
rests for its organization upon an illegal ju-
dicial order, executed by marshal with
companies of soldiers, does not command as
much respect or authority as if the judicial |
appendages had been dispersed with and the
army hsd set up government with a
strong and usurpirg hand.
"Ihe committee take the liberty to say
that they have had no connection with these
suits as parties or attorneys. Neither do
they claim any Of the fficers in dispute.
They have not heretofore been concerned in
ihe controversies among the political classes
which have endangered the peace of and
brought scandal upon our State. They at
firm that during the last fur years there has
not been good government in Louisiana.
There has been extravaganza, prodisslity,
dishonesty ard waste in public expendi-
lures. The public debt has been enorm-
Ously increased with but little corresponding
benefit. The credit of the State has been
given to specializing corporations for person
al aims. The taxes on property have as
sumed such proportions that they might be
called rents paid by the proprietors to the
State for its occupation and use. Thetaxes
upon business oppress the commercial and
laboriDg classes. The laws to control elec
tions, corporations and public institutions
stimulate these excesses of the Office. hold
ers, and the consequence Is depres-