Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1873-01-04
MEMORIAL.

dition. ..r...
MEMORIAL.
TO HIS EXCELLENCY U. s. GRANT,
PRESIDENT OF THE UNITED STATES.
Sir-The following memorial,
already signed by us, is being cir
culated among our people, ire
spective of color or politics, for
general signature, and will be pre-
sentcd to you and Congress by a
largo committee Of citizens dele.
gated to visit Washington for this
purpose. We earnestly renew our
request made in dispatch of the
18th, by our chairman, for suspen-
sion of Executive action until said
committee shall have laid before
you this memorial and many other
facts Of the situation. ..
TO THE PRESIDENT AND CONGRESS OF
THE UNITED STATES.
This memorial Of citizens of the
State Of Louisiana represents that
at the election held under the laws
Of the State, on the 4th day OF
Novem Der last, John McEnery was
elected Governor, Davidson B. Penn,
Lieutenant Governor; Jas. Ora,
ham, Auditor; Samuel Armstead,
Secretary of State Ii. N. Ogden,
Attorney General, and r. M. Lush.
er, Superintendent Of Public Edu-
cation, by large majorities, varying
from 1000 to $4,000 votes. There
were 12S,402 votes cast, besides the
votes Of st. James and St. Tam
many, from which no returns have
been received. The members OF
the House of Representatives and
y portion of the Senators of the
General Assembly were also elect.
ed. The election was orderly and
undisturbed by tumult or riot OF
any kind. u,
When the result of the election
had become apparent, VIM. Pitt
kellogg, now a member of the Sen.
ate of the United States, and net
eligible to the Office OF Governor
under the constitution of the State
commenced u suit in chancBry, in
the Circuit Court of the United
States, against the Governor Of
the State, a number of persons en-.
gagged in examining and ascertain
ing the individuals chosen at the
election and his opponent, as de-
fenlants, uponsthe prete1t that he
was apprehensive that the Cover.
nor and other officials would mis-
count the votes returned, mutilate
or destroy the evidence Of The
election, and that by this method
his opponent would be declared te
be Governor, instead Of himself
and that he would not have proper
testimony to sustain contest un
der the 23d section Of the act o.
Congress of tho 31st May, 1870
which he supposed furnished him
self with f. cause ard tribunal tc
recover that Office.
We charge that the suit was com
menced and conducted in bad faith
For the scope and aim of the re
straining orders, injunctions and
other proceedings have but little
relevance TO the preservation and
perpetuation of testimony in ;
possible suit, but hays had h direct
influence and operation upon trans
actions outside of the court. L
may be fairly concluded that thu
object Of the suit, of the orders anC
DEGREES in it, has been to embarass
entangle and to disorganize thu
lawful Administrators OF the Stat,
Government in order that a banC
of usurpers might take possession
of and control it for their owl
emolument and advantage. Thv
effect has been to make o revolu
tion in the State Government un
der the process of the courts an,
with the assistance of the army o
the United States, contrary to Law
aud the votes OF the people at tn
election.
The suit in the Circuit Court O
the United States is commenced b,
a citizen of the State of Louisians
against the Governor of the State
and several officers and citizens c
the State to direct them unde
color of an injunction as 10 th
performance of an administrativ
| function. The prCfessed object c
this citizen is 10 secure a conserva
tion of testimony to aid him in al
serting possible claim to an ofic
in the State which he thinks h
may perhaps have. The courts {
the United States have no jurisdiC
| tion of controversies between cit
zens of the same State, except in
very few well defined cases. Their
is no act of Congress that authorize
a citizen of a State to bring a su
against citizens of the same Stat
to perpetuate or preserve testimon
in any case of this kind. There
no law of the United States ths
authorizes e citizen of a State I
bring bill against the GovernC
and other returning officers of th
State, to control them in the pc
! formance of their official duty
The whole principle and structur
of the Government Of the Unite
! States-State and Federal-opposl
ttha concIusion that a State admin