, 1873-02-21

ploador appears to ignore tho faot OF
eae1 n; sa0 es IN % ooe 'SS Of ursae
Tho report then continuous: Again, It can hardly
DO claimed that Kellogg had loon doprivod Of
his Office OF Governor ut tho timo tho bill was
hensio1i @ thas thia Doard would dooiaFs5 oEnrory
oloctod. and TINT such declaration would ombar-
raas him In tho enforcement Of his loyal right
to tho olllco. ooneedlng, however, that tho i'm
Court, TINT Jurisdiction was liinitod by tho scope
Of tho blll, and gayc no warrant to tho oxtraor-
dinary proceedings which wore subsequently Ind
In tho oaso. Tic only legitimate purpose OF
SUBSEQUENT attempt Of tho Court on bIll in
equity to determine tho tit1o OF Warmoth md
Wharton, aud others, to act ag btato CanyasBors,
nan1s matter I'll aboa tha o
moth, Wharton, Hatch, and Daponto claimed to
bo membors OF tho Board and woro acting ms
such. and alloges TINT they wero not n,ombora Of
tho Board, but that Lynch. He5ro1i, tongstreot,
Of Baid board. What jtriediction lad the Federal
Court to detormine tho right botwoon theHo con.
tondlng Boards They woro State officers, md
was deprived Of any right wl,toh Ind resulted in
H. The election Of Ha4 and; Daponte A. Mbenlaes.
.,sas ontiroiy eollatoral Il thq prooeodinga;
their respective hts tho State Courts, undor
tho Intrusion act Of that Stato, which oorro-'
sponda to proceodngsby quo ,narranto at tho conl-
mon Ian but 1t waa mover before pretended that
Tho utmost which tho Court had authority
upon this bill was to restrain tho destruction Of
tho returns md documents, to preserve which
tho bin was filed. They wore State records. md
tho Federal Court had io right to take possogson9
to do 50, but only :. to requiro copies
IL. - sneepSs ana nd isse1 o' and assSSd VOID
rfSs51ntng e5a backed By tho mnitary
order, tho Committee Bay it is Impossible to
conceive OF q moro irregular, illegal, and in
ovory way inoxousablo net on tho part Of d
Judge. Concoding the power OF tho Court to
se' aaho1y eras G L 3ss I'D Gfi
shal. It has not oven tho form Of judicial
process. It was not soaled, nor :was it signed
By tho Clorls, aud had no moro offoot than an
Se9f Seaa sasa e PGss ri tic 'e9 LII f haa
Tho Inv of Nov. 20 had been promulgated.
Tho Doferiot Board had been appointed
In protonded purRuauce thereof. Whether,
under tue Constitution. tho Governor had the:
point that Board, upon the ground that tho net
of Nov. 20 orented tho oflces, and, therefore,
vacancies in tho office, your Committee do not
inquire, but 1t ia understood that tho Constitu-.
tint Judge Dibble Was appointed by tho Gov
ernor under similar circumstances. The De-
foriet Board, therefore, had color Of official OK
istence. Their canvass 1aa oompleted, and tho
and it ta clear that this gave the Federal Court
no moro, right to aoizo the State House
ceiying this pretended order, called for
o. saxna sntss tsqqpa to o as
m. OF Dec. 6, md hold it Tor weeks. Aftorward
on tho aano day, Judge Durall delivers nn optni-
on in tho Kellogg caso on the, application for
granting. the injunction aa prayed for by tho
bill. After quoting Judge Dnrolle opinion,
order, and injunction III full, the Commtteo con-
tinuos: " It Ia somewhat remarkable that in
fact tlat tho State House was thon in possession
CT Federal troops, under nj order issued by him,
and Of tho, Court tho night lefoEe; :. Tho
fat sef aa e tho sna act Of Ee2 s
| ornor had appointed now Caryassing Board,
! which had In fact canvasaad tue votes. Of al
which o Was aware, because sno pr9oama.ion tnan
facts was embodied in tho order for selling tho
| State House, made by tho Judge the night bo-
fore. Tha Judge also declares that about 4, 900
aflidavitB sustain the avormenta Of tho bill.
Your Committee have examined many OF tho
at1idavits, and it is admitted that none Of them
contain tho statement that tho right OF rogistra-
tion or the right Of voting WAS denied on account
Of race, color, or previous condition Of sorvitudo.
|
Of Nov. 20 in . remarkable way. Ho scema to
admit its validity, but seems determined that It
shall uot take effect ut an inconVenently early
date. Ho admits thatit ropealod oil former eloo.
ton laws and covered the whole subject Of oloc.
tions, but from this ho draws two singular cor.
eiuaions: First, that, inasuaueh % tho act q
Nov. 20 repealed nll former election laws, ell
tint had boon dono under such repealed lafSs
was void; aud second, to avoid this difficulty
which, ho says, ut first startled him, that Il was
his 1ttv tn keet, Tim Oi 1n,y1 in fOrre until the
old Boards could hive reasonable opportunity
to complete all the business before them.
Further on, tho Committee shya: Viewed ir
any Light in which your committee can consdo,
them, tho orders aud injunction made and
granted by Judge Dureu III this case aro most
Ioprehenablc, erroneous in Ipoint Of Inv, aud
aro wholly void for want Of inriadlction, ant
your committee must oxpresa their sorrow n1lt
should have proceeded in such hagrant dis
regard Of hia duty, and have so fur oYerHteppod
tho limits Of tho Federal juriadiotion.
After the foregoing decision was l.; made b,
Judge Duroll, ArmBtead filed q bill in tht
District Court against tho mombors Of ths
Lynch Board, md obtained m injunction com
manding them to mako no canvass Of the No
Yember election, except upon the returns OF tn
commanding them to mako no canvass Of th'
November election, except upon the returns made
In PURSUANCE OF law. This Injunction in no VA,
condicted with tho deciaion Of Judge Durol1
Tor, concodiug that tho Lynch Board was, not
withdrawing tho repeal Of the law creating 1t,
valid Board, tt cannot be doubted that tho Court
Of the State might restrain TINT Board from
canvassing any but the legal returns Of the cleo
ton. a writ Of certiorari waa isoued By tn
Federal Court in this caso, which was liere
garded by the 8tato Court. No subsequent pro
Se.dlngs wore had In tho Federal Court upo'
sa1a writ and tho INJUNCTION ct; romatna il
ber, 1879, the Lynch Board Doyee
who was tlien actlng as Secretary Of State II
place of Horror, Lynch, Longatreet, and Haw
kinH) pretended to have canyasaed The return,
Of tho election, and certified to tho Secretary o
stato, tllat Kellogg had been elected Governor
Antoine, Lioutpnnnt Governor; Clinton, Audi
tor; Field Attorney Ganoral; Brown, suporin
tendont Of Education, and DoslondeH, soorotar
of State; and also certified q list Of person
whom they had determined to bo elected to til
Legislature. There ia nothing in all the comed
Of blundors and frauds tador consideration NOR
indotonBiblo than the pretended canvaeA Of thi
Board. Tho following arc SOME of tho obicc
tions to tho validity of their proceedings:
I. Tho Doard lad boon abolished by tho &c
| Inf M,