New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-09
slttu Orleans gtpnblifatr.
OFFICIAL JOURNAL or THE UNITED STATES
OFFICIAL JOURNAL OF NEW ORLEANS
THE STATE ELECTION CASE.


egritv No. 6s30-William 7. Kellogg vs.
"A q Warmoth ct als.-Bill OF COM
nIaint-District OF louisiana ). D.
go the Judges Of the Circuit Court Of the UD'e0
States for the District OF Louisiana
William Pitt Kellogg, Of the city Of New
Orleans. a citizen Of the State OF LOUISIANA,
brings this his bill against Henry =; ar
moth. Jack Wharton, Frank d. datcn, ~
rant DaPonte. and John McEnery, a! cltl-
aot1e of the State of Louisiana and inhabl-
tanta thereof. and against the New Orleans
RpnubIican Printing Company, BODY cor
crate dnly created and chartered by the
farua oF 4he State of Louisiana, and dOmi-
riiad therein, publishers Of the New Orleans
REPUBLICAN, newspaper, being the otnclaI
journal of the State Of Louisiana, OF Whicn
conpany w r. Fish is president, ana
+bnrenn0n vour orator complains and says
that in accordance with the constitution
and laws of the State of Louisiana, gen
oral election was held in said State, IN al Jhe
marshes thereof, on the fourth DAY Ol -NoSeni-
her, in the year of our Lord 1877, at when
election there were, by law, TO D6 Foteo LOT
and elected, a Governor ana Lieutenant
Govarnor az we'll as all officers IN the e&-
ony,+ive judicial and legislative DEPART
n1an+s IF The government OF the State OF
Tonieiana: that at said election your orator
1rae 1uIv nominated for and was candl-
Tate far election by the sufrages OF the
lawful voters of said State for the ottlce OF
Governor of said State; that at the same
election the said defendant john McLneTy'
was also a candidate for election TO the
same Office; that, according 10 inc ~" VI
the State Of Louisiana governing anu CON
trolling said election, no person was Q quall-
fed eIector or entitled TO vote at SAID cleo
tion until he had been registered IN IISt
of persons entitled to vote at said election;
that the provisions of the law OF said State
relating to registering, vested the appoint
ment Of the officers whose duty, by. law u
was to register all such voters, III sad
Hanry @. WarmOth; that at all times since
vnt,r orator became a candidate for such
election. the said Henry G. Warmoth, GOV
ernor of said State, has repeatedly ayowed
his intention to adopt and use all the means
in his power, and to 80 exercise unla"luily
and extend his power and the power CON
ferred upon him by his position as Cover
nor, as to unlawfully defeat the elecuon OF
vour orator; that, for that purpose, IN the
9nnointment of the supervisors of regstra-
ton and the assistant supervisors OF regis
tration. he has SO selected persons for the
office Of supervisors and assistant super
yjsors of registration as to obtain persons
pIiable to his will and who would concur
with and aid him in the execution
of his unlawful plans and fraudulent
devices; to that end and tor that, pur,
DOSE, YOUR UEdIOI ID az lpON5 S03
verify believes the said Henry G. Warmoth
did especially make it a condition, prece-
dent To the appointment of such officers
that they should, in all things, and by all
unlawful means within their power, assist
In the accomplishment OF said ends; and
YOUR orator further saith that one OF the
unlawful devices, plans and schemes OF the
said defendant, Henry O. Warmoth, was,
through the fundamentally OF his sand ON.
GERS and with their aid and by the pre-
tended aid of laws OF the State, to deprive
large number of the citizens OF the STATE OF
Louisiana in all respects lawfully entitled
to the franchise, by refusing to register the
said citizens upon the list OF registered
voters bv reason of their race, color ana
previous condition; that in the execution
and carving out of said scheme, large
number of citizens of the State who are
cOlored and who had been In former con
dition of seryitude, were SO refused regis
tration on various frivolous and unlawful
pretextE and preteuses, amounting, as your
orator verify believes, to at least ten thous-
and voters; that the said detepdant, Henry
C.. Warmoth, adopted the means and de
vices aforesaid for the purpose OF depuvlng
raid voters of their right of franchise
as aforesaid, with intent thereby to
prevent their ballots being cast Tor your
orator, and thereby to defeat your orators
election to said Office Of Governor; that
afterward and when said supervisors OF
registration had completed, as they pre-
tended, the registration OF the qnali4ed
electors of said State and had succeeded
in preventing the registration Ot large
number Of electors as aforesaid, ana on the
day Of election, when said persons so re-
fused registration as aforesaid offered TO de-
post their ballots for your orator IN the
ballot-boxes at the places OF election, they
were also refused the right to deposit said
ballots, to the injury Of your orator; that
YOUR orator is in possession OF evidence 10
that fact preserved under the PROVISIONS
of an act of Congress, approved May 81,
1870. entitled An act to enforce the
right Of citizens of the United States
I'd vote in the several States of this Union,
and for other purposes" and the acts
amendatory thereto, Your orator herewith
exhibits and files the said certificates and
atiidayits, with the ballots thereto attached,
marked one, two, three, four, and AYERS
that he is informed, and believes that there
are in evidence from three to five thousand
documents of the same character that have
been il the same manner preserved, with
the ballots attached to said affidavit and
certificates in which your orator was in
cluded by name as candidate for the office
Of Governor Of the State of Louisiana, and
that the persons SO offering to deposit said
ballots were, in each and every instance,
?,
of franchise on account OF race and color.
Your orator, further complaining, shows
INTO your honors that he has reason to be-
heve and verify does believe, and there
fore AYERS, that the said defendant, Henry
G. Waunoth, combining and cOnspir-
irg with the supervisors and assist
ant supervisors of registration, by
him SO appointed as aforesaid, has
caused O dishonest, incorrect and false
count OF the votes cast in the several par
isles Of said State at said election, and has
falsifed and caused false and untrue re-
turns and certificates of tue result and can
yass of the votes cast in the several par
ishes in said State at said election, and that
said count, canvass and certificates are so
talse and untrue for the reason that large
number Of the ballots deposited in the bal
lot-boxes at said election by persons of
60Ior have not been counted and consid-
Sred, the evidence thereof preserved and
certified so that the same may be canvassed
and considered by the returning officers for
elections in said State, and that he verify
believes that the votes and ballots 50 sup
pressed were cast for and in favor OF your
orator as Governor OF said State, and in
all things sufficient to have elected him to
said Office.
And your orator, further complaining.
shows unto your hOnors that by the law OF
Ghe State Of Louisiana governing elections,
:. is made the duty Of the supervisors or
assistant supervisors Of registration for the
garious parishes in said State to tmmedi-
ately upon the close of the polls on the day
of election, and after the ballot-boxes had
been by the commissioners OF election re-
gurned in due form Of law to the supervisor |
OF registration, to proceed, in the presence
of the commissioners of election and three
1recholders Of the parish for each poll or
voting place therein, to open the baliot,,boN
ani Count the ballots therein and make