Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-12-07
LOUISIANA.


tAOOpc, vi DCtub1 OnlbCA
States Marshal ID klins, took possession OF
the State House. Part of the United States
troops were qusrtered 10 the Senate Cham
Der and House of Representatives, whilst
the officers and Deputy United States
Marshal took up quarters in the Governors
ante-room. The doors were closed and
guarded, and egress and ingress denied to
all 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, Fifth
CiIcuit and District of Louisiana, in equity,
VIM. 2. Kellogg VS.. II. G. Warmoth ct al:
Whereas, Henry q. WArmoth, one Of the
respondents herein, In violation Of the re-
straining order has issued the following
proclamation and return OF certain persons
claiming TO be the board Of returning ofh-
GERS, all ia violation and contempt Of the
said restraining order, as follows: Here
follows the proclamation telegrsphed yes
terday.l Now, therefore, in order to pre-
vent the further obstruction Of the pro-
ceedlngs IN this cause, and, farther, to
prevent violation of the orders of this
Court and the imminent danger OF disturb
ing the public peace, 1t is hereby ordered
hat the Marshal of the United States for
the district Of Louisiana shall forthwith
take possession Of the building known as
the Mechanics ms ituia and occupied as 2
State House for the assembling vi the Leg
stature therein, In the city of New Orleans,
and hold the same subject to The further
order OF this Court, ana in the meanwhile
TO prevent all unlawful assembiages there
in under the guise or pretext Of authority
claimed by Virt1e Of pretended CANVASS and
returns made By both pretended returning
officers in contempt and in violation Of
said restraining order; but the Marshal is
directed TO prevent all iugress and egress to
and from the public Offices in said puolic
building except those entitled 10 the same.
L. Il. DURELI., Judge.
NEW ORLEANS, Dec. 5, 1872.
In obedience to this order, the United
States Marshal called upon Gen. Emery,
commanding the department, Tor militia
ry force to execute the above order, which
was promptly furnished and possession
taken of the Institute, IS before stated.
LATER The extra Of the Times has the
following;
Al as early an hour rs 10 o'clock the Cir
cult Cours room contained probably $50
persons, most Of whom were cOlored, and
The crowd increased every moment, coming
10 long file, and at about 1915 almost ey-
cry available seat outside the railing was
occupied. The crowd was in C5e seSt OF
humoTs, aud the laughing and talking was
inccssant. There seemed to be scarcely
doubt in the mind of any one as to the way
the decision would be, aud conse 4uently
those in the crowd, which, to all appesEa nce,
was composed Of men In favor of the Gus
tom-house, who understood anything about
the matter, and could anticipate the result
Of the decision, were jubilant.
Gov. Wa-m0th came in az about II
O'Clock, and in q short time was joined by
Col. McEmery. The Governor appeared
10 in no wise surprised or dismsyed. At
ll:45 O'Clock Judge Durreu entered, and
Immediately after the Court bad Oee1 called
10 order commenced to read his decision.
lie comuenced by describing the bill as :
we'll known one TO Chancery Courts to psT-
petuate testimony. This bill is brought
under acts Of 1870 and 1871 Of Congress.
The act Of 1870 was quoted-frst section
to show that the right TO vote was guarau-
iced without distinction on account Of race
or color or previous condition. Section
three Was quoted regarding registration,
and otfsr to register, as being in law regis
tratiOn. The twenty-thiFd section was
quO.ed to show that defeated candidate,
who has been defeated or deprived of his
Office on account of the denial to vote; on
account of race, color, etc, can bring his
suit in Caaucery Court. Section
three, Of the act Of 1871, was
quoted to show that the Uu ted States
Court has general jurisdiction. The above
acts were found TO enforce the fifteenth
Amendment. The discussion has been
very full and able on both sides, for which
the court thanks the counsel. The first
question is, are thu acts constitutional?
The object Of the amendment was to pro-
JeCt al citizens in their right to vote now.
Before the act Of 1870, four millions Of our
present ciJizsus were slaves, Slavery al
ways was a source oftrouble, and cUlminl-
led in civil war. The war made slaves citi-
zsns, Il was ueCsSSa,y to project such Cit
zsns by 5he United States government In
their right 10 vote, aud against the prFiudi-
ces Of their former masters. The acts OF
Congress were passed for this object. They
are wise. The fifteenth amendment Is
very broad IN It's scope. l. protects all ma
lives, and foreigners 3 so are made citizens.
Other amendments did not need gislaGiOu
TO enforce them; the fifteenth did; hence
the acts of Congress which effected their
object by either a criminal proceeding o.
civil. The bill alleses that 10000
citizens have been deprived Of the
right TO vote sud that ten thousand votes
which would have be6n cast for Complain
ant are about to be suppressed by 70 Illegal
board, AID this is supported by four thOU5-
aud alhdsvits. Wariu0th meets this with
only bis denial. His acts since the canvass
com aeDced have shown that denial is
futile. The constitution Of the Returning
Board WAS then read. Heron was de fscto
Secretary of State, when Warmo-h removed
him. If all that the Governor alleges
against HaSon be true, he could only BE-
displaced by judicial proceeding. Heron
and Lynch elected HaT kjns and L0D?sue5J.
which constitute the legal board recognized
by this court. The acts Of Nov. 20, 1872,
of the new election law have no effect Oh
this election. The Heron board must con
tinue 10 discharge The duties Of their Office
until their Successors are indicted. The
Heron board must finish the canvass or no
Legislature can be convened, and they will
be protected by this court. The statutes
are constitutional and the court has juris-
diction. 2 he legal board is Warmo-h,
Heron, Lynch, Haakin and L0ngstreei.
The question OF EelCgg's elgibilit5
is not pertinent here, and viii not De psssst
upon. The opinion Of the count is, how
ever, that be is eligible. The order and
decree of the court Invested Of technical
verbiage is as follows: Itenjoins Warmoth
against canvassing, considering, pretending
TO canvass, etc, any OF the votes cast al the
last election, or any returns thereof,
except in the presence Of John Lynch,
Jacob Hawkins, James Longstreet and
George L. Bovo, members OF the retiring
board for said election. Itprohibits him
from submitting any returns to Hatch and
Depontar, or any ether persons except
Lynch, Hawkins, Longstreet and BoVO.
It prohibits him from suppressiDg or alter
lug the ratlIrEs in any way, or from inter-
f4ring with the Customh0use boards in
their canvass. L.. prohibits him from re-
fusiDg to them documents they may de-
maDd. Forbids him 20 issue commissions
or to deposit any records or any certificates
10 any public officer showing the result Of
lbs election without the concurrence of the
& ustomhouse board. II eDj0ins Hatch,
Dapouta and Wharton in the manner
prayed for in c0mplsinant's bill. 1t
orders WarmoJh TO deposit Immediately
in the effica of the Clerk of the Circuit
COurt ali retlIrns or other documents he