New national era. [volume] (Washington, D.C.) 1870-1874, 1873-01-02

ecut;vs," enforced by subservienl
police cation of which the Governor
ms. was ~ he drove Mr.. Heron from the
room I'd by the Secretary of State, in
the S5use, and installed, by the same
proce, means, a follower Of his own,
sy, namenk Wharton. This proceeding
cal was = even the color Of legality. Mr..
lily Herr appointed by Gov. Warmoth to
ess the i Secretary Of State moro than a
by rcor nd his defalcation to the treasury
ow ey;stn il it exists now. lie was then
OF an ;,e friend Of the Governor, but as he
osc ref,do the Governors bidding, it was
rs, detsd to dccapitate him. The Supreme
nd Co,,he State have decided since that his
ler annent to the Office was illegal. The
ely cnre say they have no reason to be-
Icy. the action of Gov. Warmoth in the
is roof Heron was based upon desire
ro- to it fraud, for, under the returns, there
'ut ", necessity to commit frauds" In
ry, deIow did Gov. Warmoth know what
a Trims OF the election would show:
be pad not been counted at that time; ut
ere apts, they had not been legally counted.
,rs Iknew at that time what the returns
he ushow, he must have had the ballots
les Cd in secret. The committee say that
as sons removal was prompted by Gov.
is. yoth's discovery of plot between Her
,e, I'd Lynch (another member Of the board)
&C. sify the returns and defeat the will OF
ny )eople." Admitting tho existence OF
he a plot for the sake Of argument, where
lis he necessity for removing Heron when
he moth himself was g member of the board
X burning officers, and had the power to
at lent any Justification Of the returns? But
NJ ron and Lynch had no interest in talsify-
of the returns. They were not candidates
as he election, whereas Warmoth had deep
n.rest in the result of the election, as l
lde shown.
M. The next misstatement Of this remark
NE address is that an injunction Or restrain
~ order was illegally issued by the United
o6tes Circuit Court against "the State gov
and against "the Governor OF the
nate,' at the suit Of W. L. Kellogg, the
Republican candidate for Governor. Now,
he fact is that no such Injunction or rest train
Big order was issued. The proceeding Of
Kellogg was not against the State govern
bent, or against the Governor Of the State,
,ut against Henry G.. Warmoth and others
whom he had pretended to ap-
Joint as members of the Returning Board of
Elections. Mr.. Warmoth was 4 member of
hat Board, but not as Governor of the State,
md if hA was proceeding illegally as such
member of the Board, he could certainly be
restrained without interfering with the adj
Of tho government. l am will
ing to leave that TO any well-read lawyer in
New York OR elsewhere. And if Warmoth
could not be restrained by a Judicial order
rom acting unlawfully, the other members
Of the Board could be beyond a doubt, for
they were no part of the State government
But the fact is that Governor Warmoth, in
bis capacity as a member of this board, was
in,
the manner and by the method which he i'll
tended to adopt. He was not restrained OF
enioined from performing any of his consti-
tutional functions, for Judge Durell is too
good n lawyer, too learned jurist, to issue
an order of that character. The order was
Issued to prevent Justification Of the returns
by Governor Warmoth and his appointecs,
and to prevent mutilation and destruction Of
the returns, in which MIR. Kellogg had an
interest. If such an injunc-
ton had not been issued, it Is my opinion
that Mr.. Kellogg's right to the Office Of Gov
ernor would have been defeated by unlawful
means. The act of Congress of 1870 was
framed and adopted to prevent just such q
result. Mr.. Kcllogg's petition or bill in
chancery upon which his suit was founded
was drawn by one of the most experienced
chancery lawyers in Louisiana--Mr. J. II.
Beckwith, who is the present Attorney Of
the United States for that district. l ven-
ture to affirm that the proceeding was in al
respects in harmony with law and the prac'
tice Of the court, and was simply one proven
tive of wrong. Tho votes cast in Louisiana
on the 9TH Of November last have not been
counted by Judge Durell, nor has he ''over'
overthrow OF Warmoth personally includes
the government. Er necesstate rel. Judge
Durell has decided that the returns Of The
election should be deposited in his court, will
the clerk thereof, that they might be counted
by the legal returning officers, and Warmotl
has been impeached and suspended from
Office by the Legislature, and the person act
ing as Lieutenant Governor by virtue Of hi
position as President Of the Senate has con
additionally assumed the functions Of Gov
ernor. This individual happens to be col
ored man named Pinchback, who was 1
Senator when Lieutenant Governor Dunn
died, and elected to the Presidency of tn
body at an extra session called by Govcrno
Warmoth. 1t is well known in New Orlean
that there was struggle to prevent Pinch
backs election, and that it was effected b
the influence, some say money, OF GovernC
Warmoth. Now, conceding that Pinchback'
term 81 Office as Senator has expired, h
continues to act as Lieutenant Governor unit
the Lieutenant Governor elected on Noven
Der 4, 1872, has qualified and been indicted
This by express provision Of law.
might 60 on exposing other nisstatt
ments made in this address, but believe
have said enough to prove that full faith an
credit should not be given to so partisan
document, and close by annexing hereto or
of the passages Of the address, every word {
which is true. 1t proves, to my mind, Il
necessity for such law as that enacted |
Congress in 1870, for the purpose Of proven
| ing continuation Of such wrongs.
"The committee take the liberty to 81
they have had no connection with these sui
as parties or attorneys; neither do they clai
any of the Offices in dispute. They have n
heretofore been concerned in the controve
sizes among the political classes which ha'
endangered the peace of and brought scand
upon the State. They affirm that during Il
last four years there has not been good go
eminent in Louisiana. There has been e
travagancc, prodigality, dishonesty, al
waste in the public expenditures. The pu
lie debt has been enormously increased, wi
but little corresponding benefit. The crct
of the State has been given to speculati
corporations for personal aims. The tax
on property have assumed such pioportlo
that they might be called rents paid by t
proprictors to the State FORTS occupation a
use. The taxes upon business Cypress t
commercial and laboring classes. The la
| IN control elections cornOrafiOns and NH