The interior journal. [volume] (Stanford, Ky.) 1872-1881, 1873-01-10
Tic Louisiana Address 10 Tho
; People Of the United States.

/ TOYS Of The events now transpiring within
the limits Of that State, and to which i,
, il probable no parallel can be found in
history. The committee rcpcl as utterly
, false the insinuation that they are mere
allies and are agents Of Governor War.
moth. They are not representatives oi
any ypersonal party or party interest what.
ever. So far rs Warmoth's past conduct
is concerned, few if any of them have not
been among b., most pronounced oppo-
nents; while in those measures for which
he has been most loudly denounced, he
had, for advisers, associates md coadiu-
tors, the very men who now assail him,
including especially, Pinchbqok, Antoine,
and others whore names figure most con-
spicuously in these proceedings The
con mittee declare, in reply to another
insinuation, that they ere no parties to
and have no knowledge of any political
trickery intended to defeat the true voice
of the people; that they donot belive any
such existed; and that they would not he
here, unless they couliproclaim concious-
ly their eirconviction that the men who have
been foisted into the Offices of the State
have been not merely irrcgularly and un-
lawfully installed, but were net elected
by the people, and were not ana are not
the choice of the majority Of the voting
population Of Louisiana. Thecommittee
add that all they have asked of the rov-
ernment is to make candid and impair
tial investigation Of the facts They then
proceed to give a detailed statement of
all the facts connected with the election.
The statement includes tie various in
functions by the courts, and with the Or
ganization Of the partial Legislature
which impeachcd Governor Warrnoth
and placed Pinchback in his stead.
steps were taken, say the committee, by
Governor Warmoth to secure the revis-
ion by the Supreme Court of the United
States Of the chancery orders of the Uni
ted States Circuit Court but this body
(the Pinchback Legislature) forthwith
adopted resolutions 10 dismiss these pro-
ccodings. The militia was placed under
command Of General Longstreet, and the
ersenals taken possession Of by the ail of
the United States army. A civil revo-
luton was accomplished within a month,
under the orders OF n chancery court in a
suit over which thccourt hsl no jurisdic-
tion at ell. The Circuit Court of the
United States is court of limited iuris-
diction, and without any authority to en-
ter into civil suits between citizens Of the
same State, unleas the case arises directly
under the Constitution and laws of the
United States and Jurisdiction is vested
by act Of Congress. Congress has no
power to confer Jurisdiction in any other
case between such citizens. It has no au-
thorily to give jurisdiction of q suit Of
citizen Of the State against the State.
Under the act of Congress of 1870, upon
a single condition of facts, a citizen Of
State may maintain a suit for an Office Of
a State within the courts Of the United
States, but the State Legislature is spec
tally excepted by the same clause that
excepts members Of Congress and Presi-
dental Electors. The organization Of
the Legislature is by chaucery order;
had there been resistance to the execution
of their orders and had riot and blood /
shed followed, upon WHOM would have !
fallen the responsibility? BY Slose fr-
bearance was it that bloody catastrophe /
has not been exhibited us a scandal 30
the land! II sometimes happens that
the Executive Department is tolerated,
eNcu-ea. or justified in acts of admins
hotion which exceed its legal powers.
The arguments derived from q terms
State necessity "public welfare" or
'conyenience" have helea soothing in
Guence but judiciary action i3 not enti-
led to any benefit from any such argu-
ments. The damage which ensues from
he employment Of the Judiciary power !
10 accomplish Other than judicial acts Of
cannot be calculated aad
/ is impossible to justify court in de-
that to be legal hich Is mere {
y desirable, or that 70 be right which is
,nly profitable. The order in the Kel-
ogg ease was ser parts." 1t was placed I
n the hands Off marshal without notice
% the parties. II proceed for an al I
eyed contempt, by no legal procedure
lsual in matters Of the sort, and We are (
not aware Of any imminenee Of danger
o the public peace which jusiiios this {
eizure Of the State Capitol in ohancory !
ause in a suit between Kellogg and a !
anyassing board, suit professedly i
'rought to perpetuate testimony. In
The case Of Antoine displays with q
aore distinctness than that Of Kellog the s
Ise that has been made Of judicial orders {
0 accomplish results Of which the Judici- q
ry had no cognizanco. Antoine was a
and.date for Lieutenant Governor, and O
ntitled to his Office in January next, had }
e been elected. With a dispsted title, I
month in advance, he fled this blll and )
btain,d the order We have cited, placing a
nder interlict the Governor, the Sec y
etary of the State. the members elect of l
9th branches Of the General Assembly, 4
II the board and officers and men Of the y