The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-10-11
LOUISIANA AND ATTORNEY GENERAL
WILLIAMS.

anarchy, and what the President calls insurrec-
ton in Louisiana, have their origin in this tele-
gram Of Mr.. Attorney General Williams:
| DEPARTMENT OF JUSTICE December 3, 1879.
| S. i. Packard, United States Marshal, New Or
leans:
| You are to enforce the DEGREES and mandates OF
the United States Courts, no mater by "itom re-
sisted. and General Emory will furnish you with
| the necessary troops for that purpose.
| GEORGE II. WILLIAMS, Attorney General.
No mandate or decree of the Courts of the
| United States has been resisted in Louisiana.
Nor has the authority delegated in this telegram
been employed to enforce any decree or mandate
previously existing.
The records of the courts Of the United States
contain no report Of resistance, nor order, nor
resolution of the court that the standing army
was needed to enforce the DEGREES of the court.
Contrary to all official propriety, Mr.. Attorney
passes BY the courts and conters q very extra
ordinary and delicate power upon a ministerial
and subordinate officer for use IN lie future. 1t
was soon disclosed what tho significance OF Mr..
! Attorneys telegram was, and the Mahgn purpose
| for which it had been made. On the night OK the
5,h OF December, Judge Durell, the only Judge OF
the United States on duty in Louisiana, convened
st his private room two attorneys Billings and
Beckwith) and Marshal Packard. The Judge
dictated an order to the Marshal, which the at
| tCrney wrote down. The direction to the Marshal
was to take possession of the building used by
| the State State House. and to occupy it till
| tine further orders Of the court.
The Marshal was directed to prevent what was
called an unlawful assemblaSe Of persons who
pretended to be returned as members OF the
| Leg slature. The telegram OF MIR. Attorney was
known to the Judge, foc he directed that the
Marshal apply for troops to General Emory. The
two attorneys testify that this the first notice
to them Of 3 design to make the order 1t is not
| prayed for i'll any cause. There was no affidavit
OF facts to warrant it. The order is directed By
the Judge to the Marshal, and was delivered to
him. and was executed with troops furnished by
| thn NIGHT No
issued upon it.
| All men agree that this order was, in substance
and in form, entirely illegal and without any valid
claim for execution. We have here contempor-
aueous exposition by Durell and Packard Of the
meaning and purpose Of Attorney General Viii
iams. On the morning of the 9th of December,
1872, the State-House, in which the Executive
Office was and whore the Legislature OF the state
held its sessions was occupied by the army Of the
United States to sustain the custody and control
! OF the Marshal, Packard
What was to be done with it? Is the question
VIII Gu we are now able to answer with unerring
certainty. During the 9Th and 7th Of December
Billings and Beckwith were diligently employed
! in writing an original bill IN chancery for An
tome. Antoine is o negro, who at the time was
| in the Custom-House OF the United States, and
had been candidate for Lieutenant Governor ON
the ticket with Kellogg, the candidate for Gov
ernor. Tho term Of Office for the Governor and
Lieutenant Governor did not commence till Jam
uary. Antoine ayerred in his bill that he had
been certainly elected in November; that he ap-
| pretended that in January he might have some
embarrassment in going into the Office. To
make assurance sure, he filed that bill.
There are about one hundred and thirty five
defendants-theG Governor of the State Secretary
| of State, the members of two hostile boards for
| canyassing the returns OF the State elections,
nineteen claimants of seats i'll the State Senate,
and above one hundred claimants of seats in the
| House of Representatives, and the Clerks OF the
two Houses. Upon an sS parte application 1T to
Judge Durell granted restraining order to al
feet each one of these official persons under the
State Government. This order commanded each
and all of these persons neither by return, Ger
tiiicate, registry, cali OF names, act, word, sign
or mark, i'll any manner to recognize, cooperate
| with aid, assist, or entertain any Of these per-
SONS others members OF the State Leg isla-
| ture, unless he had token or sign, or wore the
| wedding garment which Antoine described as
proper for them to have, so that in January An
! tome might be declared to be Lieutenant Gov
ernor. This order was to be in force till the 1lth
when the Court would hear a motion for an in
| junction on notice to defendants. To under
stand the full wickedness OF this unprecedented
| order it must be remembered the Legislature
was to be convened on Monday, the 9th. The
conspiritors had Monday and Tuesday to con-
sumnate their malignant purposes. Marshal
Packard held the State, having at command an
army with banners and artillery. He held
the 1876 writs to be served on the claim
ants to seats in the Legislature. He had
from the Attorney General orders to enforce
the mandates and DEGREES Of the United States
Courts, no matter by whom resisted. He and his
deputies were at the doors of the State-HOuse on
the 9th. It was thus on Monday and Tuesday,
the 9th and 10th Of December, that q Legislature
was empdneed which for two years has been the
gazing stock Of all visitors at New Orleans, as
the embodiment of corruption, dishonesty,
bribery and folly ever known to the peope. The
execution of the midnight order of the 5th was
the prepa ratory measure for the empanelment Of
~ I,
part of the same conspiracy But there was an
other stage in this downward road of tyranny,
oppression and overbeaIing insolence and ueurpa
ton. A Governor must be placed in power to
cooperate with the Legislature.
Kellogg and Antoine had no pretext for claim.
ing office till January. A licentious fellow named
Pinchback was selected as proper usurper. He
had been Senator in the preceding Legislature,
and after the death of Lieut.. Gov. Dunn had been
elected President of that Senate, and acted as
Lieutenant Governor His term had expired.
His successor was one of Antoine's defendants.
He had no title to place in the Senate. Never
theless, attended by Mr.. Billings attorney, he
took possession Of the chair of the President of
the Senate. With the agencies to support him.
there was room for opposition. With pre-
pared plan he organized the Senate to conform to
Antoines writs. The House of Representatives
was organized under the Craftsmanship of Low
ell, of the Post.Office Department of the United
States-subsequently dismissed for embezzle
ment.
The statute laws of the State prescribe formal
and careful proceedings for the impeachment OF
an officer Of the State. There are to be definite
articles, notice to the officer, inquiry, argument.
In a rev minutes articles were Presented and
passed against the Governor. These were pre-
scented to the Senate. and Pinchback as its Presi-
dent took possession Of the Executive, in the
capitol building, with force, and proclaimed that
he was the Acting Gore'7sor. The Governor did
not yield, nor did the Legislature legally elected
WELD to these impiOuS and ignOminiuus proceed
ings. Thus the case had arisen which Mr.. At
torney General Williams had foreseen from the
beginning, and which he delegated to Marshal
Packard the power to call upon Gen. Emory for
necessary troops to make for his decision. Which
of these governments is the one for our support
and recognition? This was the question for
which Mr.. Attorney had been preparing.
On the morning Of the 18th December, 1872
the telegraph whispered softly and with insinua
ton the following gentle message from William
Pitt Kellogg
eff President 4" some 'say indicate recogni-
ton, Gou. Pincl,bdck and Legislature rouid set
tie erevytting Our friends here acting dis
creetly."
Collector Casey piled his brother in law Grant