The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1874-09-18

process OF organizing new StdIo ',oVerulueHG.
Mr.. Dubuclet. the state treasurer, has not been
interfered with.
The McEnery Government Considers.
New ORLEANS, Sept. 17-There has been a
consultation to day at the State House between
the Governor, Lieutenant Governoc and officers
OF the state administration, together with
number of prominent citizens, to receive and
consider the propositions of General Emory,
demanding the retirement of all armed men
from the streets and the return of arms to the
arsenal. The propositions have been acceded,
as will be seen by the following orders
Headquarters of the Executive Department of
Louisiana, New Orleans, Sept. II, 1874.
Order No. First, the state troops now
under arms will be at once retired to their
homes.
Second-Arms capture from nsurpation will
be carried and deposited in the central station
or at the third precinct according as they who
hold them live, above or below Canal street.
The artillery, horses and other public property
captured will be deposited inthe central station.
Thrd-All private arms purchased by citi-
zens will be taken to the respective homes of
those who bear and own them.
Fourth-Supt. Baylou will continue the work
of organizing the police and policing the city.
He will receipt for public property or arms, if
turned over to him.
Fifth-Gen. Ogden, commanding the state
forces, is charged with the execution Of this
order by command of John McEnery, Governor
and Commander-in-Chief
(Signed) e. JOHN ELLIS,
Colonel and A. A. G.
The following was issued by General Emory:
Headquarters Department of the Gulf,
New Orleans, Sept II, 1874.
Crcular-John McEnery and d. B. Penn,
styling themselves respectively Governor and
Lieutenant Governor of the State of louisiana
having informed the Department commander
of their willingness under the Presidents
proclamation to surrender the state property
now in their possession, and to disband the in
surgent forces under their command, Breyet
Brig. Gen. j. r. Brooks, Lt.-Col. of the Sd
Infantry, is charged with the duty of taking
possession of arms and other state property.
He Will occupy the State House until further
orders. He is hereby appointed to command
the city of New Orleans until such time as the
state and city governments can be recognized
The present police force in the city under
charge of Thos. Boylou will remain on duty
and be responsible for good order and quiet of
the city until regularly relieved.
By command of Breyet Maj Gen. w. H.
Emory.
(Signed) LUKE O'RELLY,
Captain 18th Infantry, A. D. G..
A Protest from Gov. McEnery.
Gov. McEnery held council at the State
House which, after long consultation and dis
cussion, determined upon the following letter.
to be addressed to Gen. Emory, embodying
protest and remonstrance against the position
assumed by him in private interview held
with him last evening:
Ne,o Orleans, Sept. 17.-Geu. W. 81. Emory,
commanding Department of the Gulf of New
Orleans: General-We have the honor to SUBJ
nit that since our interview last night, We have
carefully considered the subject then informal
ly discussed, and have concluded toaddress you
in writing, protesting there does not exist in
the state of Louisiana any instruction against
the government of McEnery; that there is not
in any part of the state of Louisiana any as
sembage or aggregation of insurgents to DIS
perse, and that the people of Louisiana are now
peaceably at their respective ab0des and quiet
y pursuing their usual avocationS under pro-
lection of the law that there is no trace ves-
tige remaining of the late usurpation, of which
William Pitt Kellogg was the head, and there
is but one government in existence in the state,
which government was elected and chosen by
the people in November, 1872, and legally in
stalled in 1873, of which John McEnery is Gov
ernor and ID. B. Penn, Lieutenant Governor. In
all the parishes and throughout the state this
government is recognized and is supported and
adhered to, and respected aud obeyed by the
people. and is both de jure and de facto to the
government of Louisiana in possession, and in
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 nor the inclination to resist to retire
from and abandon the governmental power aud
authority rightfully, and in fact vested in the
Unithd States and in our respective capacities
there is no government which can take our
place, and that it will be necessary in some
form and by some instrumentality to infuSe
lire into the effectually dead and extinct usurp-
ing government, of which William p. Kellogg
was he'd and chief under the assumed title or
Governor.
Nevertheless, having been informed by you
that no alternative was left to us but to comply
with the proclamation of the President of the
date of Sept. 18th, 1874 or subject ourselves
and our people to the actual exercise of mill
tary force, which means war on the part of the
government against a state and the people of
that state exhibiting no armed position and no
hostility to the government of the United
States. We invite your attention to the law
and terms of the proclamation of the President
by article four of the Constitution of the
United States 1t declares that the United
States shall on application of the legislature,
&C., or executive. &c, protect each st ate
against domestic violence. A part of the au
thorty which this article imposed upon the
United States, which means necessarialy the
the entire government, was imposed upon the
President as the head of the government.
The act of Congress of Feb. 28th, 1885 Statutes
| at large, Vol. 1, page 4A. You will perceive
that while the Constitution, article four, is
guarantee by the United States to each state
against domestic violence. the act of Congress
| restricts executive interference to cases in
which there is an instruction in state against
the government thereof. One of the perquisits
| is an application to the President by au execu-
| tive when the Legislature cannot be convened
L ACb OIL NdTCu OIL lOtU, S0CtlOu l., STATUTES
| at large volume 2, page Alb, authorizes the
| President to employ such part of the land aud
naval force of the United States as he judged
necessary to SUPPRESS an iusurrection in a state
| against the government thereof, having frsi
| observed all the prerequisites of the law. Now
if any sucn application was made by VIM. Pitt
| Kellogg, he was not Governor of Louisiana.
| On Monday Sept. IA, 1874, he left from the
State House and retired to the custom house,
| where he is now and has been continually since
Infn A,n al TlrAn tl.a Stnta
House was Ia possession of the present exist
l ing government. In order that there should be
| an insurrection IN a state against the COVER n
ment thereof, there must be government
/ against which opposition and Instruction eX-
| lists, which is not true now aud has not been
| true in louisiana at any time since 9 o'clock on
| Tuesday, Sept. 10, 1874, but which all the other
| conditions exist, before the President can em-
| ploy any part of the land and naval forces
| He must by proclamation command the insur-
| gents to disperse and return poaceably to their
| respective abodes within q limited time. The
| proclamation has been issued and the time has
been limited to five days.
Now we protest that this proclamation does
| not apply to to the people of Louisiana
| But even in a case where the necessary condi-
| lions exist an iDsurrectlOn in a state against
| the government thereof and proper applca
ton to the President, he cannot employ any
part of the land or naval force until the expi-
| ration of the time limited by him in his procla
nation. We distinctly announce to you that
IN any movement youu make to suppress oul
government there shall be in no case interposeC
any armed or forcibly resistance on our part tt
the military forces of the United States undel
your command. We will occupy the State
House and other state property in this city un
til the appearance aud occupation of the SAM
by the authorities of the government OF tn
| United States, when we shall retire, knowing
| that we have surrendered the same alone TO the
government of the United States.
(Signed) JOHN MCENERY, Gov'r.
d. B. PENN, Lieut.. Govr.
At six o'clock p. M, in accordance with ar