The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1874-09-18

and are quietly pursuing their usua
avocations under the protection of tn
law: that there is no trace or vestige re-
naming Of the late usurpation of which
VIM. Pitt Kellogg was the head, ant
there is but one government in existence
in the State of Louisiana, which is th'
government elected and chosen by th'
people in November, 1872, and legally
Installed in in 1873, Of which John Nc
Emery is Governor, and d. B. Penn
Lieutenant Governor. That in all the
parishes and throughout the State o.
Louisiana, this government is recognized
and is supported and adhered to, and re,
spected and obeyed by the people, and is
both de jure and de facto the
morale of the State of Louisiana
in possession, and in the actual
exercise of all governmental functions.
That if We are compelled by the military
force of the United States, which we have
neither the power or inclination to re-
sist to return from, and to abandon the
power and authority,
piphtfulv and in fact, vested upon us in
our respective capacities, there is no
in the State which can take
our place. And that it will be necessa-
ry in some form, and by some instru-
mentality, to infuse life into the etfectual-
" dead. and extinct usurping govern
ment. of which VIM. Pitt Kellogg was
the head and chief under the assumed IT,
tie of Governor. Nevertheless having been
informed by you that no alternative was
left to lis but to comply, Immediately,
with the proclamation of the President
of date the 18th of September, 1874, or
subject ourselves and our people to the
actual exercise of the military force,
which means
War OH the Part Of the Government
Against the State.
and the people of that State exhibiting no
armed opposition, and no hostility to the
of the United States, We
spectfully invite your attention to the
law and the terms of the proclamation of
the President. BY article four of the
constitution of the United States it
is declared that the United States shall
on application of the Legislature, &c, or
the Executive, &c, protect each State
against domestic violence, A part Of the
authority which this article imposed upon
the United States (Which means, neccs-
sarilv, the entire gOvernment) was i'm
posed upon the President rs the head of
the government by the act of Congress
passed February 18th, 1895, Statues at
Large Vol. l., PIP. 424. You will per
ccive that while Art. ". Of the Constitu-
ton is guarantee by the United States
to each State against domestic violence.
The Act OfCOngress Restricts ENccu-
tive Interference to Cases I'm which
there IL an Insurrection
In State against the government there
Of One of the prerequisites is All appli-
cation to the President by the executive
when the legislature cannot be convened.
The act ofthc Sd Of March, 1861, section
|, statutes at large. volume 2, page Alb,
authorizes the President to employ ''Such
part of the land or naval force Of the
United States as shall be necessary to
insurrection in State against
the government thereof" having first
observed all the prerequisites of the law.
Now, if any such application was made
by VIM. Pitt Kellogg, he was not the
Governor of Louisiana. On Monday,
14th, 1874, he left
the State House and returned
to the Custom House, where
he is now, and has been, continually,
since Monday morning Mt nine o'clock.
On Tuesday the State house was in pos
session of the present existing govern
mcnt. In order that there should BE- an
in State against the gov
ernmcnt thereof there must be a govern
mcnt against which opposition and in
surrcction can exist, which is rot true
now and has not been true in Louisiana
since nine o'clock on Tuesday, Scptcm-
Der l5, 1874. But when all the other
conditions exist, before the President
can employ any part of the land or naval
force, he must, by proclamation, command
the insurgents to di>pcrsc, and to retire
to their respective abodcs
within limited time. This proclama-
ton has been issued, and the time has
been limited olive days. Now
We Protest that this Proclamation
does not apply to us.
or to the people Of Louisiana, but even
in u case where the necessary conditions
nxiSt-an instruction in State against
the Government there, and II proper APP
plicatlon to the Prcsidcnt-he cannot
employ part Of the land or naval force
until the expiration of the time limited
by him in his proclamation. We dis
tinctly announce to YOU that in any
You may make to
suppress our government that
there shall, in no case, be in
any armed or forciblc resis-
tance on our part to the military forces
Of the United States under your com
mand. W" will occupy the State House
and other State property i'll this city un-
til the appearance and occupation of the
same by the authorities of the United
cthlC>' !" "icn We snhIl TcllTt. hlO"IlS w
have surrendered the same alone to the
government of the United States.
JoHN MCENERY,
d. b. Penn, Gorerm0r,
LjcUtCndHt GOrsTWOr
NEW ORLEANS, September l7.-M
P. NJ. in accordance with arrangements
previously made, General j. K. Brooke,
accompanied by Lieutenants Wallace
and Roe. went to the executive office at
the St Louis Hotel. Immediately upon
the entrance of General Brooke, Cover
nors McEnerv and Penn advanced, and
shaking hands with them, introduced the
three Federal officers to number OF
prominent citizens present. Governor
then Stated to General Brooke
that he gave him possession Ofthe State
Csplial and all other State building. with
the limits of the city. General Brooke
merely bowed in acceptance, and the
Governor read to him the followin adj
ire>,:
Gen. Brooke-As the lawful and acting
Governor of this State, ! surrender to
You as the representative of the Govern
rp.r, g ~, I-pitaI States the capltal