The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1874-09-24
50 90 PER YEAR

assumed title. Nevertheless. having
been informed by you that no alternative
was left to us but to comply Immediately
with the proclamation of the President of
the fifteenth of September. 1874. or
subject ourselves and our people 10 the
actual exercises of the military force
which means on the part of the government
against State and the people of that
State exhibiting no armed opposition
and no hostility to the govern.
ment of the United States. We
respectfully invite your attention 10 the
laws and the terms of the proclamation of
the President. BY Article " of the
constitution of the United States, it il
declared that the United States shall on
application of the legislature, ETC., or the
executive, etc, protect each State against
domestic violence. A part of the author
Ity which this article imposed upon the
United States, which means necessarily
the entire government, was imposed upon
the President or the head Of the govern
ment by the act of congress, February
%, 1898. Statutes at large, vol. /, p
424.) You will perceive that while the
constitution, Article w, 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 insurrection
in State against the government thereof.
One Of the prerequisite to an application
to the President by the executive, when
the legislature cannot be convened, the
act of the third of March, 1907, section
l, Status at large, vol. ii, p, 4l3authorizes
the President to employ such part of the
land or naval forces of the United
States as shall be judged necessary To
suppress an instruction in a State against
the government thereof, having first
observed all the prerequisites of the law
Now if any such application was made
by Kellogg; he was not the governor of
Louisiana. On Monday, September IL,
1874, he left the state house and retired
to the custom house, where he is now and
has been continually since Monday, and
at nine o'clock on Tuesday the state
house was in possession Of the present
existing government. In order that
there should be an instruction in State
against the government thereof, there
must be government against which the
opposition and instruction exists, which
is not true now, and has not been true in
Louisiana atany time since nine 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-
ton, command the insurgents to dispense
and to retire peaceably to their respective
abodes within a limited time The
proclamation has been issued and the
time limited to five days Now,
we protest, that this proclamation does
not apply to us or to the people of
Louisiana but even in case where the
necessary conditions exist, as an
instruction in a State against the
government thereof, and a proper
application to the President, he cannot
employ any part of the land or naval
force until the expiration of the time
limited by him in his proclamation. We
distinctly announce to you that any
movement you may make to suppress
our government, that there shall in no
case be interposed any armed or forcble
resistance on our part to the military
forces of the United States under your
command We will occupy the state
house and other State property in this
city until the appearance aud occupation
of the same by the authorities Of the
government of the United States, when
we shall retire, knowing that we have
surrendered the same alone 10 the
government of the United States.
JOHN MENERY, Governor.
ID. b. PENN, Lieut.. Governor
GENERAL BROOKE IN POSSESSION.
At six o'clock this evening, in accord
ance with an arrangement previously
made, General j. Il. Brooke, accompa-
MED by Lieutenants Wallace and Rae,
went to the executive Office at the ST.
Louis hotel Immediately upon the en-.
trance of General Brooke, Governors
McEnery and Penn shaking hands with
him, introduced the three Federal officers
to a number Of prominent citizens present.
Governor McEnery then stated to Gen
eral 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 accept
ance, and the governor read TO him the
following address:
GOVERNOR M'ENERY's ADDRESS TO THE
MILITARY GOVERNOR.
GENERAL BRooKE-As the lawful and
acting governor of this state l surrender
to you, as the representative of the gov
eminent of the u ited States, the capitol
and the remainder Of the property Of tits
city belonging to the State. This surren-
der is in response to a formal demand of
General Emory for such surrender, or
to accept as an alternative, the levying
of war upon our government by tie mill
tary forces of the United States under his
command. As | have already said to
General Emory, we have neither the pow
er nor inclination to resist the government
Of the United States. Sir, transfer 10
you the guardianship Of the rights and
liberties of the people of the State, and
trust and believe you will give protection
to all classes Of our citizens. Ruled and
ruined by corrupt usurpation, presided
over by Kellogg, our people could bear
the wrongs, tyranny, annoyance and
insult of the userpation no longer, and
they arose in their might, swept it from
existence. and installed in authority the
rightful government, of which l am the
head. All lovers of liberty throughout
the Union must admit the patriotism that
aroused our people to act as one man, and
throw off the yoke Of this tedious usurpa-
ton. | know as soldier you have but
to obey the orders of the government Of
the United States, but feel that you will
temper your military control Of affairs with
moderation, and in all things exhibit that
integrity of purpose characteristic Of Off
GERS of the army. NOW turn over to you,
sir, the capitol and other property Of the
State under my charge.
VIM. MENERY.
UNDER MILITARY RULE.
At the conclusion of this address Gen
eral Brooke was seated in the Office, and