Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1873-01-18

II, and who called NJ and swore In ~ sen.
aiofs, psfsons who were VIGOROUSLY de-
itaitd, against and In contempt ~ The pro
is,ls ~ lnigt majority Of senator's hold
Ing over, md who alone had right 10 or
gspi,c The senate and, In the face OF n
i0le established iwo.ycsrs before the or
gnnitat ion of The senate on motion ~ the
said rinchbpck himself then \ senator,
md considering the public good and the
interest Of our constituents, VIZ have
Withdrawn from tie body In which We
have been acting, and shall take our sents
In tho senate which We believe truly rep
rescnts the people Of the State.
SIN. Tom, 9th Senatorial District.
II. l.. SwoRps, 9th Senatorial Dist.
LIB. jerks, 18th Senatorial Dist.
Tnos. II. DoLASp, 18th Senatorial Dist
RoDr.' WoRhELL, 10th Senatorial Dist.
q. F.:HUSsAKER, 7th Senatorial Dist.
NEW ORLEANS, Jan 9.-Gov. Warmoih
to-day, by his attorney, Judge Howe, pre-
ented exceptions 10 impeachment court
The. following ~ q synopsis, Exception
der Of Durell aud forciblc seizure there
under Of State House at O'Clock ia the
morning, December Q, by United States
soldiery TINT they still retain possession
thereof, excluding and admitting such
persons as they choose; that since the
meeting Of the legislature on December
8, such unlawful possession has been main
tanned, and a large number Of persons du-
" elected members excluded therefrom !;
that every accused person is entitled TO n
public, impartial trial that such public
impartial trial cannot be he'd in the State
House of State which is under unlawful
custody and control Of said marshal and
soldiery. Secondly-Protests against and
objects to tho body now assembled in the
State House, styling itself Senate of LOU
isiana, for reason that it was organized
by fraud, force and violence under cover
Of said midnight order; that p. B. s..
Pinchback, whose term of office expired
November 4, and who had no office under
the State, usurped the seat of Pres ident Of
the body so assembled, and with violence
and fraud, and with the countenance and
assistance of said marshal and soldiery,
refused 10 allow lawful senators who held
over to organize said body and proceeds
to recite organ ixation thereof; which it
states was effected with connivance, coun-
tenanco and assistance of said marshal
nnd so'diery; exception shows he is en-
titled to public and impartial trial by
prope rly constituted court Of impeachment
and hns right 10 challenge for cause such
pretended members Of the said court as
are not legal members tht reof, That the
following named persons, who have been
adm tilted into the Senate chamber by the
q. S. Marshal and soldiers, were never
elected, but were defen ied by large major
tiles as shown by legitimate returns: w.
Jasper Blackburn defeated by ]. Wesley
Mcdonald Allen Green Defeated by i. Nj.
Graham and Hodge, each Of whom re-
ceived larger number of votes; J. X. Al
exander defeated by j. F. Kelley; j. Hem
ry Burch defeated by Andrew S. Heron /;
Geo. Y. Kelso defeated by J. G. White :,
VIM. Harper defeated by A. II. Leonard /;
A. J. Sypher defeated by r. C. White /;
Thos. A. Cngo defeated by duncan S. Cage;
j. A. Mascot defeated by A. j. Lewis /;
f. F. Herwig defeated by J. M. Thompson.
Tint exceptions cannot lawfully be re-
quired 10 make answer or submit to trial
until said defeated persons are removed
and duly elected Senators seated. Third
ia revised statutes Of 1870, il ia provided
that if any person whatever, whether he
be o member of the Legislature or any
other person, desires to mako any charge
against any public officer, looking to i'm
parchment, said charges must be specially
set forth and verified by oath of said &c.
cuser and submitted to the House of Rep
resentatives and duly referred TO commit.
tee thereof, that accused officer may be du-
ly cited to appear before snid committee
and attend investigation Of said charges
that he shall have opportunities before
said committee Of confronting and cross
examining witnesseslag ainst him and hi m
self producing witnesses to refute such
charges; that In cnse said committee find
such charges in their belief established,
they shall duly report snme to House Of
Representatives and then, and not till
then, it shall be lawful for said House to
adopt q resolution of impeachment; that
in defiance of said statutes, the resolution
of impeachment directed against the Ex-
ceptor was adopted without necessary pre-
lin inaries. Fourth exceptions show that
if even said resolution had been regularly
adopted the said body was not legal
House of Representatives, but body Of
men assembled under cover of midnight
order men toned in first exception, these
exceptions were rejected BY the Court mp
on the ground that they were disrespectfnl
to the Senate.