The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-12-19
Attorney General Williams Refu-
ted in q Gard to the Public.

Circuit Court at New Orleans by Governor War
moth, In the SUIT OF william r. Kellogg against
warmoth, and the members Of his Returning Board
of Elections. 1t styles Mr.. Kellogg and his sup
porters band of usurpers and asserts that revo-
luton in the State government has been accom-
plished under the process OF the Courts and with
the assistance OF the army Of the United States,
contrary to law and the votes OF the people at the
election.
In substance It embodies the same points Of
argument that were presented by Warmoth's
counsel in the trial. Kenogg's application for in
junction against Warmoth and his Board Of Can
vassers II speaks Of Judge Durells orders as
high-handed, and asserts he was without jursdic-
ton to try such q suit. It alleges that the peace
and dignity OF the state have been prostrated ana
the progress OF which has been rapid and success
full. 1t styles the acting
an instrument selected to accomplish the revolu-
tlon commenced by judiciary pr ocess, and enforced
by armed soldiers. It characterizes the Legisa-
gether without any legal evidence OF authority;
It EXPIRE sses amazement and apprehension that
least encouragement or support from President or
Congress.
REQUESTS OF THE MEMoRIALIsTs.
The signers Of the memorial describe themselves
as having NO party associations or combinations
to disturb their judgment, and ask that Associate
to Louisiana, and that Circuit Judge Woods may
take charge OF the judicial administration or the Cir
cult Court at New Orleans, In the place Of Durell.
District Judge; that the employment OF the
army In the civil administration OF Louisi-
ana be discontinued, and that the President
and Congress refrain from giving encouragement,
countenance or authority to any new government
or officer until their titles to act be validly ascer
tanned and determined. This memorial will boubt-
less be presented tomorrow. Earnest attempts
have been made by the friends OF Kellogg to pre-
JUDGE the public mind here against the delegation,
and thus to neutralze the effect OF their state
mcnts.
ALLEGATIONS OF sELF-NrEREsr BY THE DEruTA-
It is asserted that the principal signers of the
memorial which the delegation brings here have
been conartners with Governor Warm0th. from the
tive schemes and corporations legalized by acts Of
his Legislature, such as the slaughter house
scheme, the validity OF which s now before the Su.
preme Codrt OF the United States as violation of
the fourteenth Amendment of the constitution;
the Ship Island Canal scheme, the Mexican Gulf
Canal scheme and similar measures, which have
been severely denounced. 1t Is also asserted that
the bankers and insurance companies are large
holders of bonds and other public evidences of debt
alleged to have been frauduenty issued, with
Warmoth's approval, and that the underlying ques.
ton In the late election in Louisiana was that of
the validity OF this portion OF its public debt,
THE DEMOCRATIC PLATFORM
is alluded to as having cont tanned q plank declar-
origin me Of this debt and that warmoh was driven
into fusion with the democrats and reformers by
this threat and that 1t was erected only ny
the influence OF the bankers and capital
lists OF New Orleans who had not unlOaded
themselves of these securities One Of the signers
is John G. Gaines, President OF the Citizens Bank
the custodian OF the moneys and Treasurer OF
Louisiana by Warmoth's appointment, and among
the sgners also are Charles Cayarac PRESIDENT the
New Orleans Banking Association Lafayette Folger,
connected with the Levee Company; Joseph u.
Oglesby and others.
night committee, consisting OF Judge Campbell,
Judge T. II. Kennedy, w. 5. Pike, Walker Fearn
and Charles Fenner, were appointed to see the
interview with the President. The committee will
also see Associate Justice Bradley and ask him to
use his good graces in their behalf.
The Warmoth Boards Reply to Attorney
General WNliams-The Government
Statement Rcfuted-Afidavits Taken
Before = United statea commissioners.
NEW ORLEANS, Dec. Is, 1872.
The excitement has somewhat abated in the
CITY, The Warmoth men were, naturally enough,
irritated at the statement OF the Attorney Gen.
eral in reference to the mbrOgli0 here, and to-day
the following statements have been issued by the
parties whose signatures arc attached as refu-
tation OF the assertions OF Mr.. Williams, and at
tempting to prove that tue certified and sworn
election returns have never been out OF the hands
or the Governor and Secretary OF State. They
infer that 600 votes have been unlawfully added
to the Kellogg roll, while McEnery's list has been
diminished by Is, 900 votes The documents require
no further COMMENT
REPLY TO THE ATTORNEY GENERAL.
NEW ORLEANS, Dec, 18, 1872.
The Journals OF this morning contain a telegram,
purporting to be statement OF Mr.. Williams At
torney General OF the United states, relative to
affairs in Louisiana. II the Attorney General were
the counsel OF Senator Kellogg there might be some
apology for a statement which Is simply retera-
ton or the pdrte averments OF the cOnspirators,
who by the aid OF United States Judge and under
cover Ofa suit for the pcrpetuati0n OF testimony
have succeeded In precipitaing upon the state, In
NJ nd IN "A tur tsod nrla
the military forces OF the United States in subvert
ing the legal state government and In stnltifying
box IL seems to be impossible, on any other theory
than that OF direct personal or partisan interest, to
account for the Attorney Generals studied sup.
preston OF recorded facts, and
HIS BOLD ASSUMPTION
OF the points at issue. In the first place the At
torney General says Pnchback and Anderson were
candidates on the republican ticket and therefore,
resigned their seats upon the Board Acting
Lieutenant Governor Pinchback was a candidate
for Congress-atLargc on the republican ticket and
Senator Anderson was candidate for the senate
on fhe liberal ticket, and they were, therefore, ds-
e aw Gy da not Ss but ~
Board (see atfdavits OF John Lynch and Jacob
Hawkins, pages - and - pamphlet copy OF pro-
Mr. Williams then says, TO Ill the vacancies so
created, L0ngstreet and Hawkins were elected by
the remaining members, as provided by law. The
truth Is that no such election was ever held. The
only support for the assertion Is found In the AMI
davits Of Lynch and Heron; but these persons are
COntraucteu 10y the seven
nesses. Mr.. Williams says that the Supreme Court
OF the State under proceedings by which the
validity OF the change or judges was brought In
question decided that
wAgMoTn's BOARD or CASvAssRRS
was Illegal, and It's acts voll. No such decision
was ever rendered by the Supreme Court of the
State. An application was made for a writ OF pro-
hbition to restrain Judge Elmore from acting,
which the Court declined to grant. The only prac-
ticl effect OF that decision was favorable to the
validity OF the charge. Tho supreme Court has
since that time distinctly recognized Judge Emore
~ the Judge OF the Eighth District Court. and the
pretended Legislature now sitting at tic State
House found Il necessary TO pass an act ab0lishng
the Court In order to get rid OF the
new Judge, WHO had Just been elected
by more than ten thousand majority.
Mr.. Williams asserts that the Injunction
OF Judge Durcll was treated with contempt by the
returning officers, styled by him "Warmoth'a
Board.u The record shows simply an AFFIDAVIT To
that eject by Senator Ksnogg tsec page " 81