The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-12-24

lsYnCu 10 patSu bdo sSShsaS S-A1, a.. 8, $3.50.
win OF the people. This IS mahhess at sV...
the facts developed in the evidence before.
the court, that Heron, anticipating the
thwarting ofbis scheme, had several Gays
before ordered q duplicate OF the sea- Oh the
State to be engraved, by which means ne
hoped TO preserve the insignia OIL the
office In the event Of his removal
by the Governor. Omitting further de-
tails. Warmoth and Wharton, on the one
hand assuming to be majority OF Tue
Board, and In the presence OF Lynch, pro
eeeded to elect Hatch and Duponte 10 III! tae
vacancies caused by the withdrawal OF Finch
back and Anderson, while Lynch ana her
ron afterwards assembled, and under the
same assumption elected Longstreet ana
Hawkins. Thus there came to be two DO
dies, each claiming to be the returning
Board-onc presided over by Governor
War,noth, the highest executive otfcer Oh
the State, and under the law the president OF
the Board, and which had possession OF all
the election returns and everything neces"
sary to ascertain the result, While the other
consisted of Lynch, the removed Secre-
tary of State (Herron), and their two ap-
pointecs. After these proceedings the STATE
Supreme Cour: decided that the removal OF
Boyee and the original appointment OF Her
ron were Illegal. and Bovee was reinstated I'D
his Office. Whatever may be sind OF these
contcsting Boards, it is clear that the courts
of the United states had no semDiance OF au-
thority to decide between their contesting
claims to office.
Sd. After it had become probable that the
two candidates, William Pitt Kellogg ana Z.
G., Antoine, had been defeated, and that their
opponents would he declared elected, they
respectively filed bills in the Circuit Court
Of the United States for the District OF Lou
isana for Injunction and relief. Inc 0of-
crnor of the State, the members o! the clii-
vassing board, and other citizens OF the Stale
connected with the PRONUNCIATION CT Inc re-
turns, and certain persons elected, or CLAIM
ing to have been elected, to the Legislature
and to the Govcrnorship, were made defend
ants in one or other Of these suits. The cause
of complaint was that they scvcraliy apprc-
hcndei that they would be deprived OF the
offices for which they had been candidates.
They claimed 10 have lad the majority OF
votes at the lite election, and that there had
been 10000 voters prevented from VotlDS
ternuSe Of their complexion and previous
state Of scryitude, whose votes they would
have received. The bill OF Kellogg pro-
tessed to he fCrthc preservation and rcrpetu-
alton Of the evidence Of tie election, ana 10
have reference TO the support Of Il snlt he
might have TO bring to recover the office.
AHtOinc'S suit was similar in the cia'nls OF
tile, and had reference III lis prayers for re-
lief to the organization CT the General AS
sembly at its meeting undertbe proclamation
of the Governor on the 9th OF December,
1872.
4th. The parties to these suits were ali
citizens of the State of Louisiana. The OBJ
icct of the salts WAS TO assert title to offices
Of the State in advance OF any DECISION OF
announcement by any board Of any person
as elected, and to determine the persons 10
make the decision and the announcement by
the judicial authority Of the Circuit Court
of the United States. Pending the suits an
cr pdrte and private order was made III
the suit Of Kellogg to the ELECT that the de-
fcndaut, II. {. Warmotl,, the Governor, had,
in violation Of the restraining order OF the
court, issued a proclamation and return OF
certain persons claiming to be the board OF
returning officers. The terms of said order
were us follows:
"Now. therefore, to prevent the further
obstruction Of the proceedings in this cause,
and, further, to prevent the VOCATION Of tie
orders OF this court and the Imminent danger
Of disturbing the public peace. 1t IL hereby
ordered that the marshal Of the United States
for the district of Louisiana slial! forthwith
fake possession of the building known as the
Mechanics Institute, and occupied Il State
House fer the assembling Of the Legislature
therein, in the city of New Orleans, and
hold the same subject to- the further order OF
this court, ard mean while 10 prevent all
unlawful uSscmblages therein under tue
guiSe or preteNt OF authority clalned BY
virtue Of pretended canvass and returns
made Gy said returning officers i'll contempt
and violation of said restraining order; but
the marshal is directed to allow the in9resS
and eercss to and from tie public offices III
said building Of persons entitled ~ the
same"
9th. The iptcrlocutory and en- parte order
in the suit OF Antoine, the candidate for
Lieutenant Governor, seems TO have been
made as the complement to the order above
quoted in the suit of kellogg, Which directed
the occupation Of tho State capitol by the
marshal, with directions to prohibit what is
termed in the order an unlawful assemblage,
while the same marshal is directed 10 allow
the ingress and egrcSS Of persons he might
determine to be entitled to such a privilege.
This order, in the case OF Antoine, is COM
prehenSiyc and explicit. None can mistake
its import or its Object.
1t is, first, that the Governor Of tie State
be enjoincd aud restrained from examining
election returns Or counting votes, except III
the presence of officers designated in these
orders, and from controlling, interfering
with, or attempting TO interfere with, the or
Ganizaton OF the State Legislature, and from
doing any act, or from giving any order, d.
reCtiOn, or making any request which may
directly or indirectly prevent or binder any
person from beng present and taking part
in the organization OF the Senate called on
the 9th Of DctelnDcr, or al any future
day, who may be returned as Il member
thereof by 4 board composed OF II. {. War
moth, George l.. Bovcc, james LongStreot,
Jacob Hawkins. and john Lynch, and whose
name has been transmitted TO Charles Mer-
ritt, Secretary Of tie Senate, by George L.
Bovee, Secretary OF State; second, that
twenty named persons who had been CanQi-
dates fer the office of senator in the Statc
Senate, and who were supposed to have been
elected, and had been declared TO be so, were
epjolned and restrained from participating in
any manner in the organization OF the Sen
ate, Or doing any act about that orsaniza-
ton, unless their names should appear
on Boyec'S list Of names OF members
Of the Senate as transmitted to the
Secretary OF the Senate CHARLES MerritD !;
third, about one hundred persons whose
names are given who were supposed to be
elected to the House Of Representatives OF
the General Assembly, and had been declared
to be so elected, We're similarly epjoined
from participating in the organization of the
House of Representatives, or from doing any
act or casting any vote, unless their names
were on BoYee's list OF members !; fourth,
the clerks OF the Senate and House of Rep
reSentatiYes We're seYelallY euiuiurtl from