Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-03-09

gress; and the duty of Congress was to
make haste 10 undo the uslirpation COM
mitted by tie United States Judge, and
leave the paople of Louisiana to regulate
their government under the laws of Louis
iana,n
/ We can see no escape, in fact, law, or
logic, from this conclusion, and the fact
that Congress did not take action which
the occasion SO pressingly demanded it
should take, does not justify the President
in usurping and exercising power which
does not pertain 70 bis Office.
The msjority of the Senate Committee
on Privileges and Elections say in their re-
port: m
"Viewed In any light, the orders and in
functions made and granted by Judge Du-
rell In this cause are most reprehensible,
erroneous in point of law, and are wholly
void for want of jurisdiction; and our COM
mittee must express their sorrow and
humiliation that q judge of the UIited
States should have proceeded N such fisg-
rant disregard Of bis du.y and have so far
overstepped the limits Of Federal jurisdic-
tion.n
This report Is signed by Senators Carpen-
ter, Logan, Anthony, and AlcorL-al Re-
publicans.
The report is very severe upon Judge
Durell, with regard to the order issued by
him, from bis own house, at midnight Dec.
5, directing the United States Marshal to
take possession of the Statehouse. Two
hours thereafter, or at two o'clock in the
morning of Dec. 9, the Marshal proceeded
to the Statehouse with two companies of
artillery, acting under the orders OF the
President. This whole procedure was ille-
gal, and could derive no legality from the
President nor any other quarter. There
had been no attempt, at that time, even TO
resist Durell, who was but an usurping
judge, and the action of the Federal Off
cials was gross outrage. On this point,
the report says:
alt is impossible to conceive of a more
irregular, illegal, and in every way inexcus-
able act of 3 Judge. ConcediDg the power
of the court to make such an order, the
Judge out of the court had no more authori-
| ty to make it than the marshal. 1t had not
even the form of Judicial process. 1t was
not sealed, nor was 1t signed by the clerk,
and 1t had no more legal effect than an or
der issued by any other private citizen"
The report holds that whatever may have
been the claims of the rival Lynch and
Wharton returning boards in the first
stages of the controversy, both those bodies
were abolished by the bill which Warmoth
drew out of his safe and signed on the 10th
OF November, and the De Ferret board, ap-
pointed under this new law, became the
only lawful authority to canvass the re-
turns. The orders of Judge Durell, pur-
porting to decide that the Lynch board was
the only regular one, are denounced by the
Senate Committee as wholly illegal and
void; the decision of the State Supreme
Court to the same effect is declared void for
fraud and want of jurisdiction. Of the &C
ton of the Lynch Board, the committee
thus speaks:
"There Is nothing in all the comedy of
blunders and frauds under consideration
| more indefensible than the pretended can
vass of the board. The following are some
Of the objections to the validity of their pro-
ceedings: /. The board had been abolished
by TIE act of Nov. 20. 2. The board was
under valid and existing ipjunctions re-
straining it from acting at all, and an in-
| junction in the Armstead case restraining it
| from making any canvass not based upon
the official returns of the election. 8. Con-
| ceding the board was in existence and had
full authority to canvass the returns, 1t had
no returns to canvass. 1t was
testified before your committee by Mr..
Bovee himself, who participated in this can
vass by the Lynch board, that they were de-
termined to have Republican Legislature,
and made their canvass to that end. The
testimony abundantly establishes the
fraudulent character of their canvass. In
some cases they had what were supposed
to be copies of the original return, in other
cases they had nothing but newspaper
statements, and in other cases, where they
had nothing whatever to act upon, they
made an estimate based upon their knoGl-
edge Of the political complexion of the
pal ish, of what the vote ought to have been.
They also counted large number of aft
dsvits purporting to be sworn to by voters
who had been wrongfully denied registra-
ton or the right to vote, many of which
afidaVits they must have known to be
forgeries. 1t was testified by one witness
that he forged over q thousand affidavits,
and delivered them to the Lynch board
while it was in session."
The usurpation thus consumated has
been constantly upheld by the military
power of the United States. The persons
declared elected by the De Ferret return
ing board were excluded by the troops from
the possession Of their Offices; the Legisla-
ture was prevented from assembling by SEN
tinels standing at the doors of the chambers
with crossed bayonets; and Mr.. Kellogg and
his associates were installed into power by
the soldiers, at the bidding Of Judge Du-
rell and the President, upon the
certificate of the Lynch returning
board. "But for the interference of Judge
Durell in the matter of this State election,
a matter wlolly beyond his jurisdiction, the
McEnery government would to-day have
been the de facto government of the
State" is the conclusion Of the committee.
off the support of the troops were with
drawn" said Mr.. Carpenter in the debate,
cit would not stand ten minutes" Soon
sidering all the facts established before your
committee" says the report, "there seems
no escape from the alternative that the
McEnery government must be recognized |
by Congress, or Congress must provide FIR |
a reelection"
But the President has way Of escape. |
He finds his way out, by claiming it to be
his duty to sustain the courts. But the |
courts which the President declares he
ust sustain, form part of the 'gross usur-
patton" denounced by the Committee
We have seen that every act performed by
Durrel was an act of judicial usurpation.
Now, let us look at the fabric unlawfully
built upon that usurpstion. The LeEisla-
ture illegally declared elected impeached
Governor Warmoth and suspended him,
and declared PinchbAck to be acting Gov
ernor. This illegal Legisla tuTe then pro-