The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-12-24
| pose of the suits was to assert title to offices
Of the State In advance Of any decision or an

| elected, q TO detefmlno Inc persons 10 max
| the decision and the announcement by the ju
| dicIal authority of thu Circuit Court OF th'
| United States. Pending the suits an e1 partl
and private order .was made IN the suit o
| Kellogg to the effect that the defendant, b. G
Warmoth, The governor. had, In violation o
The restraining order of The court, issued {
proclamation and return of certain person.
claiming to be the board OF returning officers
The terms of said order were as fol
lows /: 'tNow, therefore, to prevent the
further obstruction OF the proceedings iI
this cause, and further to prevent The
violation of orders Ct this court and the
peace, 1t is hereby ordered that the marshal
OF the United States for the District of Louis
ana shall forthwith take possession OF the
building known as the Mechanics Institute
and occupied as q Statehouse tor The Assem-.
bling Of the legislature therein, In the City Of
New Orleans, and hold the sam subject to
the further order of this court, and meanwhile
10 prevent all unlawful assemblages therein
under the guise or preteXt OF authority
claimed by virtue of O pretended canvass and
returns made by the Haid returning officers In
contempt and violation OF said restraining
order; but the marshal is directed to allow
ingress and egress To and from the public
offices In said building Of persons entitled to
the same."
Filth. Tie interloeutory and ex parie
order In the suit Of Antoine, the defeated can.
didate for Northumberland, seems to have
been made as the complement TO the order
above quoted In the suit Of Kellogg, which
directed the occupation OF the Stale capital by
the marshal, with directions to prohibit what
Is termed In the order ian unlawful assem-.
blage," while the same marshal is directed TO
allow the irgress and egress OF persons he
might determine to be entitled to such q privi-
lQna ThiQ Ornnr In tho nQan nf A nfnIno "a
comprehensive and explicit; none can mistake
Its Import or Its object. II is, first, that the
Governor Of the State be erjoined and re.
strained from examining election returns, or
counting votes, except in the presence oil
officers designated in the orders, and from
controlling, interfering With, or attempt
lug to Interfere with, the organization of
the State Legislature, and from doing any act
or from giving any order or direction or
making any request which may directly or
Indirectly prevent or hinder any person from
zatlon of the Senate called on the 9th OF De.
cember, or at any future day, who may be re-
turned as q member thereof by g board COM
posed OF q. G. WarnoIh. Geo. E.. BOvee,
James Lopgstreet, Jacob q .wkins and John
Lynch, and whose name has been transmitted
to Charles Merritt, secretary Of the Senate,
by George 3. Bovee, secretary OF State.
Second, that twenty nHmed persons who had
been candidates for the Office Of senator In
the State Senate, and who were supposed to
have been elected and had been declared to
be 30, were e~Djoined and restrained from par.
ticlpatlng In any manner in the organization Of
the Senate, or doing ary act about that organ
iZatlon, unless their nam should appear on
Bovee's list OF names ri members of the Sen.
ate as transmitted 10 the secretary Of the Sen
ate, Charles Merritt. Third, about one hum
dred persons, whose names are given,
who were supposed to be elected 10 tho Hous Q
OF Representatives OF tie General Assembly,
and had been declared to be 30 elected, was
similarly eDjoined from participating In The
organization Of the House Of Representatives.,
or from doing any act or casting any vote,
unless their names were on Bovee's list Ct
members. Fourth, tho clerks Of the Senate
and Of The House of Representatives were
.everally epjolned frorl placing on any list, or
announcing the name OF any member, or
from recognizing as a member, or designating
ton Of the respective houses, aHy person
whose name was not placed upon Bovee's lit.
Fifth, the secretary Of the State, BoVee,
was e~Djolned from receiving returns of
the election Of State officers, or Of members
OF the General Asse mbly. excepting such
az should be filed In his office by the board
comp. sed of Warmotb, Longstreet, Hawkins,
Lynch aud Bovee. Sixth, the chief of the
metropolitan police ard all of liz members,
numbering about eight hundred, and the
board, were e~pjolned from interfering with
the organization OF the General Assembly,
and not to prevent those on the board and
list from entering into the hall of the Assem-
bly,. Seventh, the persons composing the
board recognized by The governor were en-
Joined from acting as O canVassing board, from
declaring and publishing any calculation or
statement or proclamation OF the results, or
granting certificates of election, or State
Office growing out of the ballots cast
at the said election. The marshal, assisted
by detachment from the army OF
the United States, under those orders
took possession OF the Stale capital,
aud held 1t on the Cub Of December when the
General Assembly wore to come together
under the proclamation Of the Governor. The
egress and Ingress Of persons were regulated
according to this order. A person named
Piacbback took possess sion OF the chair OF the
Senate and directed It's organization. He had
been a senator for a term that had expired;
while he had been president OF the Senate,
and In virtue of sucll presidency under the
laws, he had acted as Acknowledgements
after the death of DnlD, the lieutenant-goV-
ernor chosen In 1866. But at the time OF
these occurrences he yas not merely functus
oflcIo, as president of the Senate, but was
not q senator, and had no title or color
of title to act as acknowledgement, or
to take any part 10 the organization OF
the Senate. The House OF Represent
atives was also organized; The postmaster OF
New Orleans Its speaker. The Certificates OF
Bovee, under the Injunction, were taken as
conclusive Of membership. These bodies
passed resolutions for The impeachment of the
and thus Plnchback felt at liberty
to assume the title Of Governor. Two district
judgeships were abolished, and o new court,
called the Superior Court, was established
with extraordinary pc wers, and among others
Jurisdiction to determine titles TO
Office, and Mr.. Hawkins, one OF the members
of the Bovee board, WHO had made the election
returns, was made Judge. Steps having been
taken by the Governor, in his official capacity,
to secure q revision by the Supreme Court OF
the United States Of The chancery orders OF
the United States Circuit Court, these bodies
forthwith adopted resolutions 10 DISMISS
those proceedings. The militia was placed
under the command oil General James Long
street., another MEMBER Of the Bovee board,
and The arsenals we're taken possession OF by
The aid of the United States army. 1t has
been supposed that nc amount OF professional
energy or skill was adequate to make q coup
de main In q chaucery cause. ri statement
shows that q civil revolution has been COM
menced, carried on aid accomplished within
q lunar month under Lhe orders Of q chancery
court. in suits over which the courts had no
Jurisdiction at all, whether OF parties or sub
ject matter.
1.-The remainder OF the address OF the COM
mittee is coming over the wires as we go 10
press, and will be published Tomorrow