The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-11-02

L
returning board, which twill make the returns
show the Republican State ticket elected, and a
Republican majority in the Legislature : and it
adds that on the ''9th December when the Legis-
lature convened by Gov. Warmoth, meets in eX-
ira session, conflict may ensue," and concludes
shat should the U. S. Courts hold with him and
his party, and if he can count upon the co-opera-
ton and sympathy Of the Federal Government
etc, the State may be saved to the Republican
party for the future, etc"
The part that Attorney General Williams took
in this conspiracy, is manifested by the following
elegram which, in conformity with kellosg's
sugs estions, anticipates the party decision OF o;
S. District Judge Durell, and affords the desired
\ sympathy and military cooperation.
| DEPARTMENT GF JUSTICE, Dec. 3, 1872.
S. B. Packard, Esq, United States Marshal, New
| Orleans, La:
You are to inforee the DEGREES and mandates of
the United States courts, no matter by whom re,
| sisted, and Gen Emory will furnish you with all
necessary troops for that purpose.
GEO. II. WILLIAMS, Attorney General.
The judge takes the hint or mandate conveyed
by this telegram, and terrifying himself with
| strong potations-a fact apparent from the out
| rageous character Of the act, and his staggering
| signature-at midnight, on the 9Th December, IN
| his chamber, issued the memorable and IN
famous order to the Marshal to forthwith take
possession Of the building known as the Me-
chanics' Institute, and occupied as State House
| for the assembling OF the Legislature therein, IN
| the city of New Orleans, and hold the same sub
iect to the further order of the court and, mean
while, to prevent all unlawful assemblage there,
ia under the guse pretext OF authority claimed
| by virtue of pretended canvass and returns made
| by said returning officer
| The Marshal executed the order by means of
the U. S. troops, who took and kept possession OF
| the building tor weeks. 1t is not intended to
| give minute history Of the events by which the
State of Louisiana was deprived Of her equal
rights in the Union, and the usurpation Of the
Kellogg Government established by the exercise
| of the military power Of the Government OF the
United States. Our purpose is limited to show
| ing that the conspiracy against Louisiana had
| its origin in the wicked ambition OF Kellogg and
| the determination of the Attorney General at
Washington and the U. S. Custom-House officers
| in New Orleans to force the people of the state
! to pass under the Republican yoke, and become
the people OF q Grant-ReDublcan province,
called State
Many kilograms to Attorney General Williams,
from Casey, the Collector of the Port; Packard,
the Marshall Pinchback, the pretended Gov
crnor. made such by the Legislature called into
existence by the creative power OF Judge Durell;
Beckwith, since notorious as persistent, unfair,
malignant party prosecutor; Lowell, the Y. 5. Post
master and the Speaker OF the Dureu Leglsa-
ture, and Kellogg hmself-fOllowed the letter Of
the 9th of November to carry into effect the
plans and purposes OF its author. See Ex Doc,
No. 81.
Under these plans, favored by the ATTORNEY Gen
eral advising and falsely directing President
professionally Governor OF Louisiana, and Ke!-
logg. in the due order of arrangements, succeeded
him. and was proclaimed Governor uf the State.
After this settlements Of power, Pinchback was
elected by the Kellogg Legislature Senator to
represent the State OF Louisiana II the Senate Of
the United States.
While these operations were going m, the Con-
servative party, with McEnery at thea head, an
nounced Ue5T claim 10 Office, nd organized
Legislature which elected hIcoiilen to repre-
sent the State in the Senate Of the United States.
In support OF the McEnery Government, it
was represented that it had received majority
OF the votes OF the people as shown by the cleo
ton returns, and fair counting OF the votes,
that the election had been quiet and orderly and
conducted honestly and openly before the peo-
pie, that every man had freely and without mo-
lestation or menace enjoyed the right to vote
that no one had been improperly and illegally de-
MED or refused his right to vote-that polls were
opened at the polling precincts, provided by law
for public convenience, and were accessible to
| every voter, and that the result OF the election
was legally declared by the lawful Returning
Board. of which the Governor was President.
And IL reply to the Kellogg party, it was
urged that their Board-called Returning
Board-had no legal existence, and was spurl-,
GUS body Of factious men who had no returns of
| the election, and that thor pretended return
was baseless, false and fraudulent, made up Of
| unfounded and coniectural calculations and estl-
| mates, and of forged certificates manufactured
| for party purposes; and, in a word, to use the
| language Of the Senate Committee, that the pre-
tended CANVASS OF the Kellogg Board hao no
sembiance Of integrity.
| On these representations or party statements,
with the report Of their committee on the respec-
tive Claims of McNIillen and Pinclbach to a seat
in the Senate, the representative OF the sover.
elgn State OF LOUISIANA, ana all the evidence IN
the before them, ard full discussion on the
subject of the report, the Senate was not willing
to admit either Of the contestants to a seat in
| their body. A majority OF the Senators was of
opinion THAT the election of the McEnery Govern
| nlent had been manipulated or effected by the
dishonest and partial management of Governor
| Warmoth, and was tainted with fraud, and that,
| although 1t had apparently legal returns IN It's
avor, there had not been an honest, full and sat
isfactory expression ot the voice of the people in
| the election.
A majority was also convinced that the Kellogg
government was wholly unfounded in law aud
evidence, and owed its existence entirely to Judi
cial fraud and military power; while few rabid
politicians, of unextinguishable prejudices and
| hatred of the people Of the South generally, and
mere particularly Of the non-conforming people
| OF Louisiana, sad arreeaby to their wishes, but
certainly not in accordance with the proofs i'll the
| case, that they were satisfied that the ma ority
| Of the voters Of the State were in favor OF the
| Kellogg government.
With these opinions the mai ority Of the SEN
| ate, unable to recognize any constitutional re-
| publican State Government in Louisiana, could
| not admit either Of the claimants before ii to
seat in the Senate.
| The question then presented itself, "What is
the du OF the Senate, under the Constitution OF
| the United States to the people Of Louisiana,
and, it may be added, to the people Of every
| State i'll the Union -
| The answer to this question is given by the
Constitution itself-Con., Art 4, sec. 4:
s'The United States shall guarantee to every
State in this Union a republican form Of govern
ment.:'
Now. as it is beyond all doubt that the present
government in Louisiana is not constitutional
government, chosen by the free and right
full voice of the people, but a dynasty
imposed upon them by the corrupt and tyranni
cal order Of Judge without jurisdiction, and en-
the State are in state Of anarchy in the opinion
Of the majority Of the Senate; and as the State
of Louisiana cannot in her existing condition
be restored to her sovereign rights as one Of the
States of the Union By the action OF the people,
Congress is bound 10 fulfill the guarantee to Lou
isisna Of "a republican form OF government"
and as as possible to pass the necessary law
for that purpose,
The people of the State ask of Congress moth