The New York herald., 1872-12-14

the opinion. II the decision should be adverse TO
Warmoth the fight between him and Kellogg will
be practically at an end. Warm0th himself mas
admitted that all his hopes rested on the Supreme
Court. II, on the other hand, the Court should de-
termine to grant Warmoth's petition and issue
WRIT OF PROHIBITION OR cERTIoRARI
against Kellogg 1t win not END the contest. His
counsel will be then permitted to show Warmoth
is no longer Governor OF louisiana: that Mr..
Ogden, who represents him in the Supreme Court,
is not the Attorney General OF Louisiana and that
the State OF Louisiana by her duly constituted an
thorlties desires to withdraw the petition from
the files OF the Conrt.
PREPARED IN ANY CASE.
Mr.. Thomas J. Durant, OF this city, has been in
structed by Acting Governor Pinchback ana Attor-
ney General Field TO make such notion and he is
prepared to show tnat the President Of the United
States has formally recognized Mr.. Pinchback as
the Governor OF Louisiana, under the deci-
sion in the House reported in 'Seventh
Howard Reports.p IL belongs to the political
department. Of the government-that is, to
the Executive-to say which OF two governments
in State OF the Union is the lawful government.
The Warmoth Legislature in Louisiana having ad-
journed until January, Is regarded here as an in
dicatiOn that a surrender Is contemplated by that
party. The Supreme Court is therefore compelled
to recognize the government in Louisiana which
the President decides the lawful governments
there. Kellogg may therefore be regarded as the
Governor elect OF Louisiana the Returning Board
OF Elections having declared he had received, or
wond have received majority OF the votes, had
there been no trick or no fraud practised against
his supporters.
MR. OGDEN AT THE WHITE HOUSE.
Mr.. Ogden was at the White House to-day. He
seemed to be very Respondent OF the case, and TO
think that the failure Of Warmoth to put in ofice
the candidates OF the fusion party there would
ALLEVIATE the affections OF the people of his State
from the national government He thought that the
republican government was on its trial, and II
Warmoth tailed in his efforts to maintain
the sovereignty Of Louisiana all would be lost.
large delegation OF the citizens of New
Orleans-one hundred in number-is on the
way to Washington to protest against the
action OF President Grant in recognizing the
Pinchback government; but a telegram sent by
Attorney General Williams to Mr.. McEnery, who
claims to be Governor elect in louisiana it is be-
lieved, will put an end to that mission. The
telegram is an answer to one from Mr. McEnery to
the President urging that his decision should be
suspended as to which OF the two governments is
the lawful one. The Attorney General says the
question has already been decided in favor Of the
government opposed to
WARMOTH AND HIS DEMOCRATIC ALLIES.
1t is asserted by democrats from Louisiana, now
in Washington. that very large proportion of the
white people of Louisiana were in favor OF the War
moth democratic fusion candidates at the late
election. The bankers, capitalists and merchants
OF New Orleans were almost all on that side. The
question of the validity Of the public debt created
under Warmoth's administration underlay the con-
test for Governor at the election on November 4.
The mOneyed men and merchants OF New Orleans,
and perhaps OF New York and other cities, are
largely interested In the perpetuation OF this debt
and it ia said that this accounts for the public
meeting held in New Orleans last week to protest
against the action of the United States government
in giving
MILITARY FORCE TO MARSHAL PACKARD
to enable him to take possession of and hold the
State House at New Orleans. The people of Louisi-
ana at large have no interest in the perpetuation
of the public debt OF their State. Their interest is
to get rid OF it, put they are, they have always
been, under the control OF leaders who know
how to conceal the true issues of political con-
test. Had there been no threats Of repudiat-
ing the debt on the part Of De Louisiana democ-
racy there might have been no fusion
between them and the liberals, headed
by Governor Warmoth. Louisiana may be re-
garded as under republican rule for the next four
years. How Mr.. Kelloggs administration will treat
the question OF the debt OF the State remains to be
seen. These are the opinions of the leading repre-
sentatives OF Louisiana IN this city, who seem to
think that the trouble which has fallen upon them
might fall upon other States and that the action OF
the federal authorities is OF national rather than
sectional interest.
In response to the telegram Of Mr.. John McEnery,
OF New Orleans, to the President, asking him to
delay the recognition OF either Legislature in the
city named until the committe OF one hundred citi-
zens appointed at recent mass meeting can fully
represent the whole matter to the government,
the President directed the Attorney General to for
ward the following:-
WASHINGTON, Dec. 13, 1872
To the Hon. JOHN MCENERY, New Orleans:-
Your visit with a hundred citizens Will he un-
availing, so far as the President Is concerned.
His decision Is made and will not be changed.
and the sooner 1t IS acquiesced in the good
order and peace will be restored.
GEORGE II. WILLIAMS, Attorney General.