New-York tribune., 1873-02-21
THE LOUISIANA TROUBLES
FoTR REPORTS FROM THE INVESTIGATING
COMMITTEE.

LYNCH BOARD AN ANA NAH'NfN'
yRAUD-THE ACTION OF THE STATE COURTS |
UIFGAl-OPINIoNs OF SENATOR'S TRUMBCLL |
AND MORTON.
IpY TBIRGRArH TO THB TRBuNRl
WASHINGTON, Feb. 20.-Rarely since the orgahiza-
zion of the Government has a committee oi Con
cross had to pass upon 50 grave question as ,n"'
involved in the Louisiana usurpation reported 'o
day 10y the Senate Committee on frNl'eEoS "nu
Elections. and no document of equal impor'anoe'o 10
the report made 10y the majority OF the Ooui'u'''ee
has been presented in this Congress
As there were four reports submitted this morning.
II is important 10 know in what they agree and on
what onestions they differ. The Committee is unanl-
mons in its condemnation Of the course pursued by
Judce Duren On this point Mr. Carpenters report
is particularly strong. He says:
uisat least questionable il the bill Of kellogg on liS
face presented within the jurisdiction Of the req
eral court Although IL is alleged in the former part VI
the bin that about 10000 persons had been denied regis
tration on account OF race or color ana irom 0V 10
5000 OF those thus deprived OF registration were "eneN
the night TO vote, yet this wrong was compete" "' "
time the b was fled, and It was not ~ the power oi
the Court TO undo lt.
In tho stseoueut part OF the bill the pCadcr appears
70 fpore the fact Of race color, previous condition OF
seryitude as an element OF jurisdiction The report tncn
continues: Again, it can hardly be claimed that keI
oec had been deprived Of his Office OF Governor at the
The hi siatcs indeed Keloges apprehension hat
fhiS Board would declare htLuNlt tIV't'u "lN ,iUN
sgch declaration would embarrass him in the enforce
nent oi his legal right to the once g.
that the hin did present case WITHIN we m nc
tou OF the court that jurisdiction was I'm limited D5 1hc
scope of hiI aud warrant 70 the eXraoIGl
nary proceedings which were subsequently had IN the
The only legitimate purpose of the bil to preserve
testimony and Tie subsequent attempt Of the Court on
b i'm county 10 determine the title of WarmOth. Whar
and diners 10 act as state canvassers was matter
wholly beyond the jurisdiction of Federal courts Ihe
hill shows tia, Warmoth, wharton Hatch az anu r du
POnto claimed 10 he members OF the bodlu au Hors
acting as SUCH and alleges that they were not inenoes
O The Board bJ tnat Lynch, Heron LSngstree tia"k
lus, aud Wdrmoth were the legal members VI s"4U
JURISDICTION OF TIE FEDERAL COURTS.
what jurisdiction had the Federal Court 10 determine
the rirb between these contendug BoardsH They were
state officers aud % is not alleged IN the 0lll that tat
colorcd man was deprived of any night which had re
suited ID The election Of Hatch and Dapone Besides
the question Of right 20 this office was entirely collateral
In the proceedings.
wharton and LOugsueet might have contested their re-
spectnc rights u the state courts under the Intrusion
act" Of that state which corresponds 70 proceedings by
Quo trarrant0 al the common law; but 1t was never
before pretended that such question could be settled
by suit equity. The utmost Whch the SoIII @ nau
Authority TO DO upon this u 10 restrain the destruc-
tuu Of the and document 10 preserve Wch tue
Tney were state records and the Federal Court had no
night TO take possession OF Them Ihe DH olu nor ash
the Court 90 do So nut only 10 REQUIRE COPIES 10 ov No. &
the Court issued lts sweeping ana illegal ana re-
Un.icd States Marshal executed. OF this order the
COuIntte IL s impossible 10 conceive OF a nVIe
judge. ..,.,.o-o-
der the Judge out OF court had no more authority 10
make Il than the marshal II has not even G form i oi
bv hc cicrk and mao no more legal effect than order
issued by any other private citizen. ~, ,,.
There had been 10 amendment of the blll OF complaint
The aw OF Nov. 90 lad been promulgated Inc DeeIItt
Board had been ap9oMe IN TgeId9&G & PgdSq&nCg PGGya1pS
had power the vacation OF the Legislature 70 ap
point that Board upon TIE ground thHl tAe aCS oi NON
~ created officers dud therefore vacancies IN Once, your
Committee DO inquire but u is understood that the
Constitution has bCcu - construed IN nat htle ana
that judge DUoc was appointed by the Governor under
smIlar circumstance o,.,.,..-...
TAcr Completed ana the result promulgated
under color OF the h.ye law, ana 1t is clear that TINS
gave Federal Court 10 more night TO seize the state
isy6 3S ' f No led orIe4 called for detac6ent Of
H. ; troops posse cousatus seized the state
House al Of Dec; 6, and held i for weeks alter
ward on the same day Judge Dureu delivered an oll,2n
ID tie Kellogg on tine application Tor liJuclohs
pc,dcle h and made al ordet granting ln the hUuuc-
ae uIay I'd fOI by the Dill
JUDGE DURELLs DECISION CONDEMNED
After quoting Judge Durelfs opinion, order, and in
junction In iuil Tie Committee continues;
It's somewhat remarkable that IN this opinion the
was tneu u posse OF Federal troops under order
mateI Iy msssates the allegations OF the bl. and
Wholly ignores the fact that under the act Of
Board which lad IN feet canvassed the votes OI an Ol
which De aware, because the proclamation OF the
Governor officially promuigating these facts, was en-
bodied the order FOR -ezug the state House made by
the Judgo tie night before. - c,
susiNiu The avcfmcnts Of the bl Your Committee
examined many OF these alidavits, and it Il admitted
that none oi them contain the statement that right of
registration right Of voting, was deuled on account O
race. color. oI previous condition OF serNtude
But DO ns opinion he dspOses OF the act OF November
% iu remarkable way. lie to admit its validity,
but seems determined that II shall not take effect al
HncOuveleuty early date. He admits that 10 repealed
al former election laws ana covered lhe MlOe suoJeet
Uf elections, bat from TINS ne draws Two SIN
gular conclusions; nrst, that lnasmuch as iAe
att Of Nov 20 repealed an former Election laws, al that
and second, avoid this difficulty, which lie at fret
Hf q f| H
laws u .OIcc until tue old Boards cCuld have a
able opportunity 10 complete all the business before
them.
Further on the Committee says:
Viewed in any light which your Committee can con-
Nv Jldrc Darcl m this cause are most repreensibe
erroneous point Of law, and are wholly VOID for want
Of jurisdiction; ami your Committee must their
siate tld nave proceeded in such iIgrant disregard
his duty, and have So far oyerstepped the limits Of
After The foregoing decision was made by Judge
Dureu, Omst al ned bli ln the Eighth Dstuct Court
an uiauctlOu commanding them 20 make canvass OF
the November election except upon ths returns made
Ihs injunction in no way confcted with the decision
Of judge Durc for, COnceding that the Lynch Board
avaid board cannot be doubted that the courts Of
but the legal returns Of the election.
writ Of ceruorari issued 10y the Federal Court u
this case which dlsregurded by tie Court No
Eubsexueut proceed were had the Federal Court
npOn sand writ and the injunction In fu force
OIL the C,n OF December, lo72
TIE LYNCH BOARD.
Booze who was then acting Secretary of State il. .
place Of Heron Lynch, Longstreet. and Hawkins pre-
tended TO lave cduyassed the returns Of the election
and certified 10 the Secretary Of State that Kellogg
been elcctedfGOyerIOr; AntOine Lieutenant Governor
Clinton Auditor; Field, Attorney General Brown Sup
entoudent Of EdUcdtoB and DeslOndes, Secretary OF
State; and certified ls OF persons whom they had
determined to te elected 10 the LEGISLATURE.
There BE- nothing ir all the comedy OF blunders and
frauds under consideration more ind9iensOle Than the