The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1873-01-09
The Louisiana Tyranny !

of 100 Setting Forth the Nom
strOus OBSERVATION-DISCLOSURES g
for American, Citizens toKead
and Reflect upon with Shame.
losrsr 7alHaiIJagi ID ---7iv Tydia2 %
TO the President. and Congress Of the
.,,,., United States; 5.-or,,,.sr,s,
This memorial of citizens of the
State of Louisiana represents that at
the election held under The laws of
the State, on the fourth day of No
vember last; Ohm McEnerN was elect
ed Governor; Davidson B. Penn,
Lieutenanant Governor: James era
ham, ? Auditor; Samuel Afmstead,
Secretary Estate Ii. N. Ogden. At
torney General and r. M. Lusher,
Superintendent of Public Education,
by large majorities, varying fro al
1900 to 1900. There were l29,402
votes cast, besides the votes of 81.
James and St. Tammany, from W hich
no returns have been received. The
members of the House of Representa-
tives and a portion of the Senators Of
the General Assembly were also cleo
ted The election was orderly and
undisturmed by ,tumult or riot of any
kind. When the result of the election
had become apparent, VIM. Pitt Kel-
logg, now member Ot,the Senate of
the United States, and not eligible TO
the Office of Governor under the Con-
stitution of the State, commenced a
suit in chancery in the circuit court of
the United States, against the Govern
or of the State, a number ofpersOns
engaged in examining and ascertain
ing the individuals chosen at the cleo
.tion, and his opponent, as defendants,
upon the pretext that he was appre-
hensiye that the Governor and other
officers would miscount the votes re-
turned, .mptilafe or destroy the evil
denceSof the election, and that by this
method his opponent would be de-
clared to, be Governor instead of him
self, and that he would have proper
testimony to sustain a contest under
the twenty-third section of the act of
Congress of the 3lst of May, 1870,
which he supposed furnished himself
with cause and tribunal to recov-
er that Office We charge that the
suit was commenced and conducted
in bad faith.
The effect has been to make revo-
luton in the. State government under
the process of the courts with the as
sistance of the army of the United
States, contrary to law and the votes
of the people at the election. The
suit in the Circuit Court of the Uni
ted States is commeneed by a citizen
of the State of Louisiana against the
Governor of the State, and several Of
ficers and citizens of the State to di-
rect them under color of an INDUCTION
as to the performance of an adminis-
tratve function. The professed OBJ
.ject of this citizen is to secure a con-
servation of testimony to aid him III
asserting a possible claim to an Office
in the State which he thinks he may
perhaps have. The courts of the UNI
ted States have no jurisdiction of con-
troversies between citizens of the
the same State, except III a very
few well defined cases. There is no
act of Congress that authorizes citi-
zen of a State to bring a suit against
citizens of the same State to perpetu-
ate or preserve testimony in any case
of this kind. There is no law that au-
thorizes citizen of a State to bring
bill against the Governor and other
returning officers of the State, to COR
troll them III the discharge of bis Off
'ciai duty. The whole principle and
structure of the Government of tae
United iStates-State aud. Federal.
opposes the conclusion that State
administration can be dragged into
the courts of the United States by the
citizens Of the same State in reference
to any matter of fnunicipal iadininis-
tration. Ne section of the act OF May
81, 1870, lends the least countenance
to the assertion of jurisdiction in such
a cause, or to the high handed orders
that appearin il, The peace and dig
nifty of the State have been prostra-
ted by successful effort to overturn
the administration of the State, under
the combined operations of the army
of the United States and the Circuit
Court of the United States and
usurping aud unconstitutional admin
istration has been placed, in its stead.
The progress of this insurrection has
been rapid and successful. The du-
ties of the Governor OF the State are
,now performed by person calling
himself acting governor. Under the
constitution of Louisiana the offices OF
Governor and lieutenant Governor
are filled by the people at an election.
In case of a vacancy in these offices for
any cause, another officer is designa-
ted by the laws to supply the place.
This acting officer is either the presid-
ing officer OF the Senate, or in some
contingencies, the Speaker of the
House of Representatives. TIE pres
ent acting Governor is not a Senator
or member of the House of Represen-
tatives, and was not when hesassumed
to act as Governor, and has not been
since the 4th day of November last.
The condition Indispensable to a ca
pacity to actas Governor does not ex-
ist. He is mere usUrper-an instru-
ment selected to accomplish the reyo-
luton commenced by judiciary pro-
cess and enforced by armed soldiers.
The Legislature, operating with this
,usurping Governor, comes together
without legal evidence OF any author
ity,5 and has commenced operations
by abolishing courts that are filed by
men elected by the people in Novem-
Der by oyerw helming majorities, and
in place of these courts a new court is
provided, whose Judge and clerk are
to be nominated by this acting Gov
ernor and the Senate at his command.
1t 10 not surprising that widespread
VI oSS HtAN
detestation prevails at these extraor-
dinary proceedings. They are with
out a parallel in the annals of the Uni
ted States. They betoken spirit of
malice and mischief--a determination
to PROSTATE all the bulwarks of law
and social order under the guise and
cover ofjudicial action, to secure ends
purely selfish and personal. They
manifest a contempt for the institu-
tions of the country, the peace OF So
ciety, the guarantees of'life, liberty
and of property, that has created
alarm and insecurity. The under
signed have been filled with amaze
ment and apprehension that the gull
ty authors of the measures can have
the least encouragement of support
from the President or the Congress of
the United States. We, as citizens OF
Louisiana, and as having no party as
sociations or combinations to disturb
our judgment, and impressed with