The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1874-09-18

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Is Governor, and D. B. Penn Lieutenvn,
Governor. That In all the Parishes and
throughout the State Of Louisiana, this
Government Is recognized, and is sup.
ported and adhered to and respected aud
obeyed by the people, and Is both dc jur,
and do tdcto the govt Of the State o.
Louisiana and In possession and in the
actual exercise OF oil governmental
functions. That five are compelled by
the military force Of the United States,
which we have neither the power moi
the inclination to rssist, 10 retire from
and to abandon the governmental power
and authority rightiuily and in TACT vest
ed In US in our respective capacities,
there Is nogovernment OF the State which
can take our place, and that 1t will be ne
cessary in some form, and by some instru
mentality, to infuse lie into the efiectual
ly dead and extinct usurping government
Of which VIM. Pit Kellogg was the head
and chief under the assumed title Of Gov.
ernor. Nevertheless, having been In
formed by you that no alternative was
left to us but to comply Immediately with
the proclamation Of the President oi the
date OF September, 1874, or subject our
selves and our people 10 the actual exer-
else OF the military force, which means
war on the part Of the government against
the State and the people oil that State, ex.
hlbitipg no armed opposition and no hos
tility 10 the government OF the United
States. We respectfully invite your at
tention 10 the law, and the terms Of the
proclamation OF the President, by article
four OF tho Constitution Of the United
States. 1t 10 declared that the United
States shall, on application Of the Legis-
lsture, etc, or the Executive, etc, pro-
tect each State against domestic violence
A part Of the authority which this article
imposed upon the United States, which
means necessarily the entire government,
was imposed upon the President as
the head Of the Government by the
act OF Congress February 2S. 1895, statutes
at large, vol l, p 424. you will perceive
that while the Constitution, Article w.,
is a guarantee BY the United States to
each State against domestic violence, the
act ot Congress restricts executive inter.
ference to cases Ia which there Is an IN
surrection in State against the govern
ment thereof. One Of the prerequisites Ia
an application to the President by the ex.
ecutive when the Legislature canuot be
convened. The act Of the Srd OF March,
1867, section I, statutes at large, vol 2, p.
4l3, authorizes the President 10 employ
such part OF the land or naval force OF the
United States as shall be judged necessary
10 suppress insurrection In q State agains,
the government thereof. Having frst OBJ
served all the prerequisites Of the law,
now II any such application was
made by Mr.. William Pitt Kellogg,
he was not the Governor Of Louisiana
On Monday, September IA. 1874, he
left the State House and retired TO the
Custom House, where he now Is and has
been continuously since Monday, and a,
0 o'clock on Tuesday the State House
was in the possession OF the present ex-
isting government. In order that there
should be an iasarrec,ion Ia State agains,
the government thereof there must be Q
government against which opposition and
tnsurrectton exist, which is not true now
and has not been true 10 Louisiana at any
time since 0 o'clock on Tuesday, Sept. IS
1874 But when al the other conditions
exist, before the President can employ
any part OF the land or naval force; be
must by proclamation command the
insurgents 10 dlsperse and to retire tc
their respective abodes peaceably within
= limited time. The proclamation has
been issued and the time has been limited
10 five days. Now we protest that this
proclamation does not spply to US or 10 the
people Of Louisiana, But even In case
where the necessary conditions exist-an
tnsurrection In State against the gov
ernment there and proper application
to the Presidept-he cannot employ par
Of the land or naval forces until the ex
piration Of the time limited by him in hig
proclamation. We distinctly announce
10 you that in any movement you may
make TO suppress our government, tina
there shall in no case be interp0sed any
armed or iorcible resistance on our part L
the military forces Of the United State
under your command We will occupy
the State House and other State property
in this city until the appearance and oc.
cupation Of the same by the authorities O
the Government OF the United States
when we shall retire, knowing that W
have surrendered the same alone 10 th
Government Of the United States.
JOHN McEHRRY, Gopernor.
D. B. PENN, Lieutenant Ou0rn9r.
M'ENERY's sEcoND ADDlRss.
NEW ORLEANS, Sept. 17.-At Or. N
in accordance with arrangements previ
ously made, General J. r. Brooke, accom-
panied by Lieutensuts Wallace and Roe
went TO the Executive office at the s,
Louis Hotel. Immediately upon the en-
trance OF General Brooke Governors Nc
Emery and Penn advanced and, shaking
hands with them, introduced the tire
Federal officers TO number of prominen
citizens present. Governor McEner,
then stated 10 General Brooke that b
gave him possession Of the State Capito
and all other State buildings within th
limits Of the city. General Brooke mere
ly bowed in acceptance, and the Governo
read to him the following address:
General Brooke
As the lawful and acting Governor @
this Stale, surrender TO you as the rep
resentative OF the Government OF III
United States, the Capitol and the re
msinder Of the property Of this city be
longing 10 the State. This surrender !
in response 10 formal demand OF Gen
eral Emery, for such surrender, or 10 &C
cept as an alternative the levyipg Of wa
upon our Government by the militar,
forces Of the United States. Under hi
command, as l have already said 10 Ger
Emory, we have neither the power no
inclination 10 resist The Government {
the United States. Sir, l transfer to yo
the guardianship Of the rights and libel
ties OF the people OF the State, and l uas
and believe that you will give pro,ec,io
to all classes Of our cilizer
ruled and ruined bv cn,