The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1874-10-02

and it, provisions establishing rates Of fare
and freight were declared 30 oppressive by
the roads that they refused to comply with il.
The Attorney General applied to the SUI
T preme Court OF the State for a mandamus to
compel compliance and this the Court grants.
The roads pleaded that the law was an in
fringement Of their charters and violation
OF vested rights; but the Court holds that
under the provisions OF the State Constitu-
ton. reserving the right 10 amend and mod
ify charters. the authority OF the Legislature
20 mOdify franchises granted by charter is
absolute. There is TO appeal 10 the supreme
Court Of the United States from proceedings
for mandamus. and the railroads therefore
have no alternative bu; to comply with the
law.
General Emory made n formal demand up
on Governor McEnery. on the evening Of the
10th. for the disbanding OF his forces and the
surrender Of the State arms and other proper
". in accordance with the proclamation OF the
President. On the following morning long
consultation was held by McEnery and his
friends. the result Of which was the publica-
ton Of letter written TO General Emory by
Governor McEnery, protesting against the
action Of the Federal authorities. on the
ground that no insurrection IN the State then
existed. and that the present Government
was legally elected and was duly recognized
throughout the State. Other legal and con-
stitutional objections to the interposition of
Federal authority were cited. In conclusion IL
was distinctly announced. however, that no
forcible opposition would be made TO
the action Of the United States au-
thorities, and that the State proper
" would be quietly surrendered
upon the appearance OF Federal troops to
take possession. On the following afternoon
another interview was held by the represent
atiyes Of the Federal and State authorities
when il was sgreed by the latter to turn over
to the United states commander all property
belonging TO the State. and that all armed
forces be disbaIded, and the State arms re-
turned TO the arsenal The police force was
TO remain n AZ present constituted. under
Chief Boylan. Gov. McEnery at once issued
sn order providing for carrying this agree
ment into effect, and subsequently General
Emory issued the following notice:
HEADQUARrKRs DEPAKrNEsT or THE GuLr,
>Ew OsLEANs, La, >epte inter II, leIi.-Circu-
themselves respectively Governor and Lienien-
Snf-GOyrrnor OF the state Of louisiana, having
inform the department comm inder II their
Willingness under the Presidents prucams-
ton, % ndsr the state property now In their
possession. and o dIsband the insurgeut forces
under their command. Brevet Brigadier- General
j X. Brooke, Lieutenant Colonel Of the 81 In
fAntry, u charged with the duty Of taking pos
session of The arms and other State property
He viii occupy the state House. arsenal and 9th
er state hulllings until further orders. He Is
hereby appointed % command the city OF New
Orleans until such time the state and city gov
ernments en- be re-0rxHntx---t. Tlss pre-rrt no.
lice f-rc- Of the CITY, under charge Of Thomas
Boy Ian. viii remain on daty, and b. respOns bic
for the good order and quiet 81 the city, until reg
ulariy relieved.
The formal surrender took place at 6 p. m.
In accordance with an arrangement previ-
ously made, General J. X. Brooke, accompa-
MED by Lieutenants Wallace and Fac. went
10 the Executive Office. at the st. Louis Ho-
tel. Immediately upon the entrance Of Gen.
eral Brooke. Governors McEnery and Penn,
shaking hands with him, introduced the three
Federal officers 10 number Of prominent
citizens present. Governor McEnery then
stated 10 General Brooke that he gave him
possession Of the State Capitol and all other
State buildings within the limits Of the city
General Brooke merely bowed in acceptance,
address:
General Br0oks-As the lawful and acting Cow
eTnor Il the state. | SURF, nder To YOU As the
representative Of the Government of the Unitsd
STATES, the Capitol and N. remainder OF the prop
erty Of this ely belonging to the state This sur
render = in response 10 a formal demand OF
General Emory for such surrender or % accept
an alternative the levying Of war upon our
Government by the military forces Of the United
states under his command. As have already
said % General Emory, we have neither the
power nor the inclination TO resist the Govern
ment Of The United states.
cir. transfer TO you the guardianship OF the
rights and liberties Of the people 81 the STATE, and
trust and belleye you will give protection TO all
clA--es OF our citizens ruled and ruined by the
corrupt usurpatlon presided over by Kellogg.
Our people could bear the wrongs, the tyranny.
the ARROGANCE and the insults of that usurpatioa
no longer, and they In their mi ght swept IL
from existence, and installed in authority the
rl<htful cover ment, Of which ] am the head.
All lovers OF liberty throughout the Union must
tfmit The patriotism that aroused people 10
set As one man and throw OF the yoke OF this
oliuus usurpatiOn. know, tor a soldier, you
have but % obey the orders OF the Government Of
tn United States, but leel that you will temper
and IN all things exhibit that int gritty OF purpose
Characteristic Of officers ofthe army.
now turn over 10 y0u. sir, the Capitol and
other properly Of the State under my charge
JONI MCENERY
Governor McEnery and his followers then
withdrew, leaving the Capitol Of Louisiana in
possession Of the military officers OF the Fed
eral Government. Up. m. two compa-
MES OF the 81 Infantry marched down and
were quartered in the building, Colonel Thos.
Boy Ian, McEnery's Chief Of Police. remain
ing on duty with his force. The city was en-
tirely quiet. MeEnery and Penn issued an
address 10 the people. advising a cheerful |
obedience to the constituted authorities.
AT the special term Of the Circuit Court Of |
Gibson county, Tenn, over forty indict- /
ments were found against parties for com
plicity in the Trenton outrage. A number
Of the parties indicted have appeared and Civ
en- bail in the sum Of SlO, 600 each for their ap-