The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1873-01-22
ne LouIsinna TroubIes.

NlFleli-> All4lell. AumlnlLtee 10 PRESIDENT
Grant. sets forth with apparent candor
the merits Of the controversy between
-h1 rz-lous factions in Louisiana:
r ne President and Congress Of the
Tf's7 St1fes This memorial of citizens
~ the States Of Louisiana represents that
81 she eleetion held under the laws of the
S1are- 90 the fourth day of November
lzs- John McInery was elected Governor,
Davidson B. Penn. Lieutenant Governor;
James Graham, Auditor; Samuel Arm
stead Secretary Of State: n IL Ogden,
A-so7uev-General: and r. NJ. Lusher, Su-
7.a-1utendent Of Public Education, by large
rraio-7iies. VARYING from 1000 to 10000
votes There were l2S, ,4O2 votes cast,
besides the votes Of ST James and st.
Tzumauy. from which no returns have
been received The members of the
House Of Representatives and a portion
~ the senators Of the General Assembly
were also elected. The election was or
derry, and undisturbed by tumult or riot
az any kind When the result of the
election had become apparent, William
EiE Kellogg. now 8 member Of the Senate
dt The United Stz,es. and not eligible to
ife Office Of Governor under the Consti-
-ua5n Of the State, commenced suit in
rIanoerv In the Circuit Court of the
United States. against the Governor of
the >taie, a number Of persons engaged
5- examining and ascertaining the indi-
7iduals chosen at the election, and his
opponent, as defendants, upon pretext
-hzt be was apprehensive that the Gov
e-u6r and other officers would miscount
shc votes returned, mutilate or destroy
thc evidence Of the election, and that by
Gins method bis opponent would be de-
cIa7ed 10 he Governor instead of himself
and that be would not have proper testi-
m0uv 90 sustain a contest under the 23d
section Of the Act Of Congress Of the 2lst
Of May. ls70, which he supposed furnish
"a himself with a cause and a tribunal to
recover that Office. We charge that the
sar was commenced and conducted in
bad faith. For the scope and aim of the
restraining orders, injunctions, and other
proceedings, have but little relevance to
she preservation and perpetuation of testi-
mouy IN q possible suit, but have had
direct influence and operation upon trans
actions outside Of the court. 1t may be
fairly concluded that the object Of the
sun. OF The orders and DEGREES in ii. has
been 70 embzrrass. entangle, and to dis
Organize the lawful administrators of the
Stafe Government, in order that band
of usurpers might take possession of and
control Il for thelr own emolument and
advantage. The effect has been to make |
3 revolution In the State Government un-
der the process OF the courts, and with 1
the assistance OF the army of the United
States, contrary to law and the votes of
the people al the election. The suit in |
The Circuit Court Of the United States is
commenced by citizen of the State of
Louisiana against the Governor Of the
State, and several officers and citizens of
lhe Stale, 10 direct them under color of /
~ injunction as to the performance of an
aldniuistratire function The professed |
object Of this citizen is to secure a con-
se-zztion OF testimony to aid him in as
se-zing a possible claim to an Office in the
safe which be thinks he NAV perhaps
have The courts Of the United States
have no jurisdiction Of controversies be-
tweeu citizens Of the same State, except
IN re-y few well-defned cases. There
d no act OF Congress that authorizes a
citizen n State to bring a suit against
citizens Of the same State to perpetuate
o- preserve testimony in any case of this
kind There Is no law Of the United
>-ues that authorizes a citizen of State
- f-ing hiH against a Governor and
other retE-zling officers Of the State, to
cau-rs. them IN the performance of their
otHeial duty The whole principle and
structure Of the Government of the United
Slztes-State and Federal-oppose the
conclusion that State administration can
be dragged into the courts Of the United
SAFE by the citizens Of the same State
IN reference 10 any matter of municipal
administration. No section of the Act of
May 81, ls70. lends the least countenance
n the assertion Of jurisdiction in such a
cause, or 70 the high-handed orders that
zlg.esr in II The peace and dignity of
the Stzte have been prostrated by sue
cessful effort 70 overturn the administra-
tiou Of the STATE, under the combined
ol.erziions OF the army of the United
Stztes and the Circuit Court of the United
Sc2tes, and = usurping and unconstitu-
-i1Hai Administration has been placed in
iis ssead- The progress Of this insurrec-
tun has been rapid and successful The
dzties Of Governor Of the State are now
performed By a person calling himself
Acting Goreraor. Under the Constitu-