New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-09

informed and verify believes that the SAID
defendant, McEnery, is fully cognlzant OF
said plans and schemes, and approves the
same, and is willing to aid in its accom-
plishment by pretending to believe that the
result Of such pretended canvass, II there
by it is made to appear that he has received
majority of the votes cast at said election,
would confer on him the right to said Office,
and that your orator verify believes that Il
is the intention of said defendants to make
a sham and fraudulent return and count,
declaring the said McEnery elected, and
publish the same in the official journal OF
said State, the New Orleans REPUBLICAN
printed ard issued by said defendant the
New Orleans Republican Printing Com
pany.
And your orator, further complaining,
shows unto your h0nors, that all the said
actiDgs and doings are contrary TO equity
and good conscience; that your orator IS en-
titled to the benefit OF canvass by the le-
gally constituted board 0tretuTning officers,
and that unless said legal returning officers
are permitted to act before said returns,
statements and certificates OF the super
visor OF registration are destroyed or placed
beyond the reach Of said legal board Of re
turning officers, evidence necessary and m
portant to your orator. and indispensable
as proof of his right 10 said office would pc
placed beyond his reach, and he Will be
deprived of his election 10 the office OF Coz
ernor of said State, by reason OF the denial
to citizens of the State who have offered 10
vote for YOUR orator at said election OF The
right to vote on account of their race. color
or previous condition, and ct his inability -
prove the said fact
And your orator, further complaining,
shows unto your honors that he las reason
to fear and does fear, that the SAID defend
ants, pretending in the unwarranted man
ner aforesaid to act as a board OF returning
officers, will mutilate, alter and change sad
certificates in the turtherance OF their plan
Of fraud and that the original certificates,
returns and statements OF the supervisors
ofregistration are important and necessary,
and should be preserved i'll order to deter
mine whether the same have beer changed,
altered or tempered with, or suppressed or
considered, and in order that his right to
said office Of Governor may not be impaired,
and by the destruction Of evidence rendered
impossible to be asserted by the proper &C.
ton when the time for the institution Of
such action shall arrive.
And your orator further complaining,
shows that by the means aforesaid and n
the manner aforesaid, the said Henry L.
Warmoth, Governor of said State, By wholly
and totally disregarding the laws thereon,
and in defiance OF law and with the intent
to destroy and overthrow republican form
of government in said State, has in tact Oh
rected the whole machinery Of the State
and all of the officers therein under his con
troll, with the purpose and intent OF defeat
ing lust and fair election and an honest
and true return thereof, in order to defeat
your orator, well knowing that your orator,
il lust and fair election had been had and
held, and true, honest and fair canvass CT
the votes cast at such election made, was
legally elected to the office OF Governor OF
~, Il NFu,py tlth I.1 an
deav0red and is endeayoring, with the aid
of all Of said defendants, TO suppress and
DESTROY all evidence Of such fraud so CON-
pletely that the same may be OF no aTaA 70
yOur orator III asserting MS right 20 SAID
office; that unless the said defendants are
restrained by the order Of this honorable
court, and are permitted to continue n SAID
unlawful acts, your orator fears that his
means Of legally establishing his right to
said office Of Governor will be placed be-
y0nd his reach and control long before the
time when by law he can commence the
proper judicial proceedings to determine
and enforce his title and right 70 said office.
Wherefore your orator humb-E pTayE thac
your hOnOrs will grant unto him all just
and proper relief in the premises; that you
will allow and grant unto him the most
gracious writ Of Injunction issued under the
seal of this honorable court, directed 70 the
said defendant. Henry G.. Warmoths en-
Joining and restraining him from: IN any
manner, either directly or indirectly, pre-
tending to consider or canvass any oe1tIE-
cate. statement or return OF any supervisor
of registration, except in the presence OF
said legal returning officers, John - 4Gl.
Jacob Hawkins, James Longstreet and
Francis j. Heron, and further commanding
him, the said II. c. Warmoth, 70 ieS5st anu
refrain from submitting TO the said defend
ants, Jack Wharton, Frank II. Hatch and
Durant DaPOnte, Or any or either OF them
either as pretended members OF any Ooar'
of returning officers of elections or as luLl-
Viduals, any such statements certIb :atea or
returns, and further erj0inln9 AMI com
handing him, the said H, c. WarmotE, ~
desist from assisting, aiding, a5etlng or
permitting any other person or persons
whatsoever other than said Lynch. law
kins Longstreet and Heron. OF their duly
qualified successors, as returning officers 20
inspect, consider, or have custody OF OF ac-
cess to said statements, certificates o. re
turns of said supervisors OF registration, or
any other paper, document, affidavit or
proof that may have come into the hands
of the said IL. @. Warm0th, or shall here
after come into his hands, relating 70 said
election or to the fairness or correctness
thereof, and which by law it is his duty to
submit to the said legal board Of returning
officers of elections, and which should be
properly considered by them, and that
writ of Injunction also issue against the
said H. c. WarmOth, Jack Wharton. Frank.
III. Hatch and Durant DaPonte, command
ing them and each of them to refrain and
desist from pretending TO act together as
board of returning officers or as returning
officers of elections, from canvassing or at
tempting to canvass or consider any certlt-
cate, document, affidavit, return, statement
OF votes, or any paper whatsoever properly
-. l1Ir Nyl+
ing to make a canvass, declare or publish
any pretended deduction, calculation, state
ment or proclamation based thereon or pre-
tended to be derived theTefrOm in any way
relating or pertaining to said election, held
on the fourth day OF November, 1872, or
certifying to any candidate for office at SAID
election, any certificate OF election, or any
statement of the result OF SAID election
tending to show any right to Office il any
d. rsOn growing out of ballots east at said
election, and from meddling with, altering.
sunDrcssing, falsifying, Obllterating OF
destroying any document, paper, voucher
proof statement of votes, OF ceTtit tate8 re
lating to said election.
That a writ Of injunction may also in
like manner issue, directed to the saId john
McEnery, restraining and lnholtlng INN
from in any manner, acting or pretending
to act as Governor Of said State, and from
making any pretensiOn OF asserting any
claim to the Office of Governor OF said
State by virtue Of any pretended evidence
of election thereto under or by virtue Of
any certificate, document Or count, canvass
or adjudication now or hereatte. made by
the said defendant, II. Z. Warlnoth. and the
said defendants in this bill, charge. 10 be
unlawfully combined and cOnspired A. re
turning officers, that is to say. the said II.
Z. Warmoth, Jack Wharton, Frank II.
Hatch, Durant DaPonte OF either Of them.