Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1872-12-27


cred that the Marshal of the United States for b
he District of Louisiana shall forthwith take r,
possession of the building known as the Me- N
names Institute and occupied as a State House | a
or the assem- bling of the Legislature therein !
Ii the city of New Orleans and hold the same | a
ubject 10 the further order of this court /
and meanwhile TO prevent all unlawful assem- r
olage thetein, under the guise or pretext of au-
thority claimed By virtue of a pretended can {
vass and returns made by eaid returning off,
GERS, in contempt and violation of said re strain
ing order but the Marshal Is directed to allow
the ingress and egress to and from tho public
Offices in said building of persons entitled to the
same. 4th. The interiocuto-y and ex parte Or
der in the suit of Antoine, the candidate for
ACKNOWLEDGEMENT seems to have been made
as the complaint to the order above quoted In
the suit OF Kellogg, which directed the occupa-
ton OF the State Capitol by the Marshal, with
directions to prohibit what is termed in the or
der an unlawful assemblage, while the same
Marshal is directed to allow the Hgress and
egress of persons he might determine to be en-
titled to such privilege.
This order in the case OF Antoine, is compre-
hensive and explicit and none can mistake its |
import or its object. 1t Is, first, that the Gov
ernor OF the State be enjoned and restrained |
from examining election returns or counting |
votes, except in the presence of officers desip-
mated in their orders, and from controlling and
interfering with or attempting to interfere
with the organization OF the State Legislature,
and from doing any act OF, or from giving any
ordess of direction, or making any request which
may directly indirectly prevent or hinder
any person from being present ami taking part
III the organization of the Senate called on the
9;h day of December, or at any future day, who
may be retained as member thereof by
|
Bovec, James Longstreet, Jacob Hawkins and
John Lynch, and whose name has been trans
mitted to Charles Merritt Secretary of the
! Senate, by George z, Boyce, Secretary of
| State.
I'd. That twenty named 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 so, were
enjoincd and restrained from participating in
| any manner in the organization of the Senate
| or doing any act about that organization unless
their names should appear Oh BOvcc's list of
names Of the members of the Senate as trans
mitted to the Secretary OF the Senate, CLas.
| Merritt
81. About one hundred persons, whose names
are given, who were supposed to be elected to
tie House of Representatives of the General
Assembly, and had been declared to be so
elected, were similarly enjoined from p rtici-
pating in the organization of the House of
Representatives or from doing any act or cast
ing any vote unless their names were on Bovcc S
list of members.
4th. The clerks of the Senate ard OF the
House of Representatives were severally en-
joined from placing on any list or announcing
the name of any member or from recognizing
as member, or designating member, prior
to or during the Organization of the respective
Houses any person whose name was not stated
! upon Bovce'S list
9th. The Secretary of the State, Bovee, is
enjoined from receiving returns of the election
OF State officers or of members OF the Gencr al
Assembly, excepting such should be filed il
his office by the Board composed of Warmoth
Lorgstreet, Hawkins, Lynch and Bovee.
| 9Th The Chief OF the Metropolitan Police
and all of its members, numbering about eight
hundred, and the Board were enjoined from in .
terfering with the organization OF the Genera
Assembly and not to prevent those on Bovee',
list from entering into the Halls of the Assem-
4, bly,.
eth. The persons composing the Board re-
cognized by the Governor were enjoined IRON
acting as canvassing Board from declaring
and publishing any calculation, statement OF
proclamation of the results granting certif-
Gates OF election or staten ents tending to show
any right to Office growing out OF ballots cast al
aaid election. The Marshal, assisted by de
tachment from the army OF the United States
under this order took posses sion of the State
Capitol and held 1t the 9th of December
when the General Assembly were to come
together under the proclaim alton oc the Gov.
ernor. The egress and ingres5 of persons
were regulated according to this order
A person named Pinchhack took possession OF
the chair of the Senate and directed its organ
ization. He has been Senator for a term that
, had expired. While Senator he hid been presi-
dent OF the Senate, and in virtue of such presi-
} dency, under laws had acted Lietenant Go
| vernon, after the death of DInn the Lieutenant
Governor chosen 1868. But at the time of these
! occurrences he was not merely functus officer
, as President of the Senate but was not Senator
and had no title or color of title to act as Lieut.
Governor, or to take any part in the organization
of the Senate. The House of Representative.
was also organized, the postmaster of New Or
: leans being the Speaker, the certificates o.
t BoTee, under the injunction, were taken a!
conclusive OF membership. These bodies passe,
resolutions for the imEeachment of the Gov
, ernor, and thus Pinchback felt at liberty to as
sumo the title Of Governor Of the State DIS
8 trlct JHdgeships were abolished and n new
court, called the usUrper court, was established
, with extraordinary powers ami, among others
exclusive jurisdiction to determine tile TO Of
flee, and Mr.. Hawkins, one Of the members O.
the Bovee board, who Lad ma ie the election
returns, was ade Judge. STEPS having beer
. taken by the Governor, i'll Lis Oflicia! capacity
to secure revision by the Supreme Court O.
the United States Of the Chancery orders Of the
Cnlted States Circuit Court, these bodies forth.
with adopted resolutions to dismiss those FRO
ceedings. The militia was laced under the
command OF General Jane. Ionrstrcet an.
other OF the Boyec board, and the arsenals were
taken possession Of by the aid Of the United
states army. 1T has been supposed that nc
amount OF professional energy or skill was adj
eGuate TO make a coup demain in : Chancery
cause.
Ihls statement shows that Il civil revolution
mas been commenced, carried on and accom-
! piished within lone month under orders of q
Chancery Court IN suits, over which Tho court
had no Jurisdiction at all, whether Of parties or
| sdbject matter. The Circuit Court Of
the United States Is a court of limited iurisdic-
ton and without authority TO entertain civil
suits between citizens of the slme State unless
the case arises directly under the constitution
! and laws of tho Unittd States, end the juris-
dlction Is vested by act of Congress Congress
has no Pc wer to confer jurisdiction in any other
! case between such citizens. 1t has no authorl-
| ty ~ give jurisdiction Of suit OF citizen of
! the State against the State. Under an get of
| Congress Of 1870, upon a single condition of
! facts, citizen of State may maintain a suit
/ for an ctfice of State within the Court OF the
| United States, but tbs State LEGISLATURE is
| especially excepted from the operation of This
act. In the clause that cxceDts tEc o{i oo of