The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1873-02-12
The Louisiana Appeal.

| y - 4
The address Of the New Orlean'
COMMITTEE to the people of the United
Estates deals with, q question az deeI
and vital, as important and faF-reach'
ing as the realitysand security Of State
governments in the structure OF ou'
political system. It consists msinly
in statement Of facts, the most O.
which were already before the public
Unless it can be refoted and shown t.
he essentially false, that which il
known as the Pinchhack Government
both in itself and in the processes that
have placed it in power, is a revolu'
ton of the State Government OF Lou
Iisiana. It has no legal validity, and
all its acts are of the same character.
| It has assumed to abolish courts OF
1iustice and create Others in their place.
It has impeached Governor Warmoth,
and called IN the President to give it
the protection of the Federal power,
without the existence of any "domes-
tic violence" to justify any interior.
ence on his part. The fundamental
defect with these and all its other acts
we have in the fact that this pretend
ed government is the creature of a
board of can vassers of the votes cast
at the late election that absolutely had
no authority, under the laws of Louis
lana, to canvass the votes or declare
ybody elected; but which did, new
|ertheless, assume to make, sucl, a can
vass, without having the certified cleo
ton returns-in their possession.
The point at which the Federal Gov
eminent became involved in the diff
Guilty was when Judge Durell, by pro-
cesses of anticipatory injunctions and
orders, undertook to, determine. and
did practically determine which Of two
canvassing boards was the lawful one;
before either had made any canvass,
and, hence, before either had announce
ed the result. The Herron-Lyncb
board of canvassers was virtually ex-
temporized into being by his power,
without particle of authority for it's
existence in the laws of Louisiana.
The Warmoth board was the one that
had the forms of law on it's side and
the election returns in its possession;
vet it was summarily stricken >out of
being by Judge Durell, through Sc
ries of orders not only enjoining it
from canvassing the votes, but also en-
joining those by 1t declared to lie elect
ed ,jncluding both houses of the Leg
islature, from participating in the or
ganization of the Legislature, or doing
any thing implying their rightful pos
session of office. This same judge d.
rected the United State Marshal to take
possession of the building in which the
Legislature was accustomed to meet,
and hold it ''subject to the further or
der of this court" meanwhile admit
ting free "ingress aud egress to and
from the public Offices in said building
of persons entitled to the same"-name-
ly, the persons to be elected by can
wasting board that had no legal exist
ence except that which it derived from
his authority. The Marshal obeyed
this order, and detachment of the
United States army was summoned to
his aid in carrying it into effect. The
Legislature that was organized under
these manipulations might very prop
erly be styled Judge Durell's Legisla-
ture. Pinchback, the man who now
claims to be acting Governor, in con-
sequence of the pretended impeach-
ment of Warmoth, who had been a
State Senator for a term that had al
ready expired, and who, hence, had no
right to participate in the organization
of the Senate, took possession of the
chair and directed the organization of
this body. In the other House the
postmaster of New Orleans was chos-
ell for its presiding officer.
Such are some Of the salient facts
which appear in the statement of the
New Orleans committe, but which had
been previously given to the public,
without any essential contradiction. It
is noteworthy fact that the apologists
on the other side-the New York
Times, for example-do not venture to
deny the substantial allegations urged
in the committees compleint, or even
to argue the question on it's merits.
We believe the facts to be as above
stated. t.,Js "..s
Who, then, is this Judge Durell and
under what authority is he acting I
He is a United States judge in the
State of Louisiana, having no jurisdic-
ton under the laws of that State, but
deriving all his authority for these pro-
ceeding from the twenty third section