Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1872-12-24
Louisiana.
Appeal of the Citizens Committee TO the
People of the United States.

WASHINGTON, D. c. Dec 23--The Louisiana
committee have issued an address TO the people
of the United States who, they believe, are not
unCOncerned spectators of events now transpir-
ing within the limits of that state, and OF which,
it is probable, no parallel is found in history
The committee repel as utterly false the insnu-
alton that they are mere allies and agents of
Gov. Narmoth. The are not representatives of
any personal or party interests whatever So
lar as WdrmOth's past conduct Is concerned, few,
If any of them, have not been among his most
pronounced opponents; while in those meas.
ures for which lie has been most loudly de-
nounced, he had for his advisers his associates
and coadjutOrs, the very men who now asSall
him, including especially Pinchback, Antoine
and Others whose names figure most conspicuous
~ in these proceedings, The committee declare
in reply TO another lnSlnuatlOn, that they are no
party to and have no knowledge OF any political
irickery intended to defeat the true voice of the
people; that they do not believe any such exist
ed, and that they would not be here unless they
could proclaim consclentiopsly their convictions
that the men who have been forced into the
offices of the state have been not merely irregu-
larry and unawfully installed but were not
elected by the people, and were not and are not
the choice Of a majority OF the voting Dopula-
ton Of Louisiana. The committee add that all
Trey have asked OF the government is to make a
candid and impartial investigation of the facts,
aud then proceed 10 give detailed statement
of all the facts connected with the election,
including the various injunctons by courts and
the organization Of the partial legislature which
impeached Coy Naruloth ard placed Pinch
back in his stead. Steps having been taken say
the committee, by Gov. Warmoth to secure
revision ~ the supreme court Of the United
States of the chaucery orqer vi the United
States court, this body forthwith adopted reso-
lutionS TO dismiss these proceedings. The militia
was placed under command oil Gen. LongstGeet
and the arsenal taken possession OF by aid of the
Init n A aixI aIr,ts.
cCmphshed @ithn month under orders al
chancery court in suits oyer which the court lad
no jurisdiction The circuit court of the United
States. on account of limited Jurisdiction, is
without authority tC enter iEto civil suits be-
tween citizens OF the same state unless the
case arises directly under the constitution
and laws Of rhe United States, and jurisdiction
is vested by act Of congress. Congress has no
power to confer jurisdiction in any other case
between such citizens. Ii has no authority TO
give Jurisdiction OF suit OF giti2en OF the
state against the stale, Under the act oil con-
gress OF 1870, upon single condition of facts a
citizen OF state may maintain suit fJr an
Office OF state yitlin the courts Of the United
States; but the state legislature is specially eX-
cepted from the operations of this act in the
same clause that excerpts members of congress
and PRESIDENTIAL electors, The organization OF
the legislature is by ehaueery order. tad there
been resistance TO the execution OF their orders,
and riot and bloOdshed had followed, upon whom
would have fallen the responsibility Whose
forbearance was it that a bloody catastrophe
has not been exhibited as a scandal to the land ?
Ii sometimes happens that the executive depart
ment is tolerated, excused or Justified in the
acts OF administration which exceed their legal
power, The arguments derived from the terms
state that the necessity OF public welfare or con.
venience has been a soothing influence, but iu-
dietary action is not entitled to any benefit from
such arguments. The damage which ensues
from the employment OF judiciary power to
accomplish other than Judicial acts Of admin.
istratiOn cannot be calculated and 1t Is impossi-
BILE to justify court In determining that to be
legal which is merely desirable, Or that
TO be right which is only profitable.
The order III the Kellogg case was ee
pdfte II was placed in the hands
of the marshal without notice TO the par
ties; it proceeds for an alleged contempt by no
legal procedure usual in matters of the sort; and
we are not aware Of any immiuenee Of danger
TO the public peace which justfes this seizure
OF the state capital in chancery cause in Il suit
between Kellogg and canvassing board a suit
pr0leSsedly bought to perpetuae testimony,
The case OF Antoine dlsplaees with more dis.
tinclness than that Of Kellogg the use that
has been made of judicial orders to accomplish
results OF which the judiciary had no cognizance
Antoine was candidate for lieutenant govern
or, and was entitled to his office in January
next had he been elecied With a disputed
title month in advance, he filed this bill
and established the order placing under
nterdlct the governor the secretary OF state, the
members elect of both branches of the general
assembly, all the board and officers and men of
the police. the members Of the two canyassing
ooalds, and on this &c pdrte order the organiza.
ton OF the general assembly at u time when we
had no share in any Of its sitLings, was regulat.
cd aud directed since the meeting in New Or.
leans, under which the committee was appointed.
we have been met with the suggestion that these
order and acts are facts accomplished, and that
helr revocation Qr rescinliop would not restore