Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-09-18

| insuTectiOn against the government of
McEnery; that there is not in any part Of
the State of Louisiana any assemblage or
aggregation of insurgents to disperse,
| and that the people Of Louisiana are
now peaceably at their respective abOdes,
and quietly pursuing their usual avOcatiOns
under the protection OF the law; that there
Is no trace or vestige remain ng of the late
usupation, of which VIM. Pitt kellogg was
the head, and there is but one government
in existence in the State of Louisiana,
which is the government elected and chO-
sen by the people in November, 1872, and
legally installed in 1873, Of which John
McEnery is Governor and ID. b. Penn
ACKNOWLEDGEMENTS in all the par
ishes throughout The State Of Louisiana
this government is recognized and is sup
ported and adhered TO and respected and
Obeyed by the people, and is both de .jlTe
and de tGctO the morale Of the
State Of Louisiana, in possession and
in the actual exercise Of all government
| functions; that if we are compelled by the
military force of the United States, which
we have neither the power nor the inclina-
tlon to resist, to retire from and abandon
the governmental power and authority,
| rightfully and in fact vested in US in our re-
spective capacities, there is no government
Of the State which can take our place; that
it will be necessary in some form and by
some instrumentality to infuse life into the
efiectually dead and extinct usurping gov
| eFnment Of which Kellogg was the
head and chief, under the assumed title
| of Governor. Nevertheless, having been
Informed by you that no alternative was left
rs but TO comply Immediately with the
proclamation of the President, of date the
18th Of September, 1874, or subject our
selves and own people to the actual exer-
else Of the military force, which means
war on the part of the government, against
State and the people of that State, ex-
hibiting no armed opposition and no hos
tility TO the government of the United
Stsies. We respectfully invite your atten-
tiOI to the law and the terms of the proc
lanntion 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, or
of the Executive (when the Legislature
cannot be cOnyened), protect each State
against domestic violence. A part of the
| authority which this article imposes upon
the Uuited States, means necessarily thai
the entire Government was imposed upon
the President, OF head of the Government,
| by the act Of Congress, Feb. rs, 1795.
| Statutes at Large, vol. l, page 424. You
! will pei. GIVE that while the Constitution,
Article " e, is a guarantee by the United
States to each State against domestic yiO-
| lence, the act of Congress restricts the EX-
ecutiye interference to cases in which there
is an insurrectiOn in the State against the
government thereof. One Of the pre-
requisites TO an application to the PIesi-
dent blythe Executive, when the Legislature
cannot be convened, the act of the Sd of
March 1857, section l, Statutes at large,
volume 2, page 213, authorizes the Presi-
dent to employ such part OF the land or
naval forces of the United States as shall
be judged necessary TO suppress inSurrec-
/ ton in a State against the Government
thereof, having first observed all the pre-
requisites of the law. Now, if any such
application was made by kellogg, he was
not the Governor of Louisiana. On Mon
day, Sept. IA, 1874, he left the Statehouse
and retired 10 the CustOmhOuSe, where he
| is now, and has been continually since
| Monday, and at 8 o'clock on Tuesday the
| Statehouse was in possession of the present
/ existing Government. In order that there
should be an insurrectiOn in State against
the Government thereof, there must be
Government against which opposition eX-
| lists, which is not true now and has not
been true in Louisiana at any time since
! o'clock on Tuesday, Sept. Is, 1874. But
| when all the other conditions exist, before
! the President can employ any part of the
land or naval force, he must by prOclama-
tiOn command the insurgents to dis
perse and retire peaceably 10 their re-
| spective abOdes within a limited
time. His proclamation has been issued
and the time has been limited to five days.
Now We protest that this proclamation does
not apply to us or to the people of LOuiSla-
ma, but even in a case where the necessary
| conditions exist, the insurrectiOn in a State
against the government thereof, and prop
er application is made TO the President, he
cannot employ any part of the land or ma
val forces until the expiration of the time
limited by him in his proclamation. We
distinctly announce to you, that in any
movement YOU may make TO suppress our
government, that there shall in no c.lse be
interpOsed any armed or fOrcible resistance
Oh our Part to the military forces of the
United States under your command. We
will occupy the StatehOuse and other
State property in this city until the appear
ance and occupation of the same by the
authorities Of the Government Of the United
States, when We shall retire, knowing we
have surrendered the same alone to the
Government Of the United States.
JOHN MCENERY, Governor.
| ID. Il. PENN, Lieut.. Governor.
Result OF Conference with gen.
Emory.
NEW ORLEANS, Sept. 17.-GOv. Nc
Emery, Lieut.. Gov. Penn and Mr.. r. II.
Mari, held a long private interview with
Gen. Emory, at the st. Charles, be-
tween 2:30 and ) p. NJ. During this in
terview a courier was dispatched for Col.
Brooke, u. ). A., who, after some time,
appeared and Joined the conference, the
result of which is rs follows: Gov.
McEnery agreed to turn over the
Statehouse property to Gen. Emory. The
police will remain as now constituted un-
der Mr.. Baylan. The city government will
remain as now constituted, it being in full
force and efficient, and the StatehOuse,
State property, etc, will be turned over by
Gov. McEnery this (Thursday) evening
about 9 or Z O'Clock. 1t is not understood
that the city is under martial law although
Under military commander.
Surrender Of the statehOuse TO the
Military.
| NEW ORLEANS, Sept. I7.-At 8 p. NJ,
in accordance with an arrangement pre-
viOusly made, Gen. j. r. Brooke, accom-
panied by Lieuts. Wallace and Roe, went
to the Executive Office at the st. Louis
HOtei. Immediately upon the entrance Of
Gen Brooke, Cows. McEnery and Penn,
shaking hands with him, introduced the
three Federal officers to a number of prom
inent citizens present. Gov. McEneTy
then stated to Gen. Brooke that he gave
him possession of the State capitol and all
other State buildings within the limits Of
the city. Gen. Brooke merely bowed IN
acceptance and the Governor read to him
the following address:
Gen. Brooke: As the lawful and acting
Governor of this State, surrender to you
as the representative Of the Government
of the United States, the capitol and re-
mainder of the property of this city be
longing to the State. This surrender is in
response to a formal demand of Gen. En-
Ory for such surrender 10 accept as a ne
cessity the levying Of war upon on: gov
ernment by the military forces OF the
United States under his command.As have
already said to Gen. ENJOY, we have
neither the power nor the inclination TO re-
sist the Government of the United States.