The People's vindicator. [volume] (Natchitoches, La.) 1874-1883, 1874-09-26
49, The Welfare of The People is Supreme Law =


State of1.ouisiana this government is
recognized and is supported and ad
hered to and respected and obcyed
by the people, and is both de jvrc and
dc .facfo, and the government of the
State of Louisiana in possession and
in the actual exercise of all govern
mental functions. That if we are
compelled by the military force o.! the
United States, which we have neither
IL" power nor the inclination to re-
Nst, TO retire from and to abandon the
:'t:crmrntal power and authority
.as'ia4ni'y aud in fac. vested III us,
'u,oar respective capacities, there j;
no government Of the State which eau
take our place, and that it will he
necessary, in some form and by some
lntrumentality, to infuse life into the
ettectually dead and extinct usurpins
government. Of which w. p. Kellogg
was the head aud chief, under the as
sumed title of Governor. Never,he-
less, having been. Uniformed by YOU
that 10 alternative was left to us but
to comply Immediately with the pro-
clamat!cn of the President of date of
tho 18th of September, 1874, or sub
ject ourselves ana our people to the
actual exercise Of the military force.
Which means war on the part Of the
government against a State and the
people OF a State, exhibiting no arm
Ell opposition and no hostility to the
United States.
VIZ respectfully invite your atten-
tioh to the law and the terms of the
proclamation Of the President. BY
article " Of the constitution Of the
uaited States, it is declared tlle
Vnited States, shall, Oh application Of
the legislature, ETC., or the executive,
etc., protect each State against domes-
tic violence. A part Of the author
ity which this article imposed on the
United States, wal,h means if neces.
sary the entire government, was i'm
posed upon the President as the head
of the government. You will perceive
that while the constitutional article
is a guarantee 10y The United States
to each State against domestic vio-
lcnce tie act Of Congress restricts ex-
ecutive interference to tile cases in
which the2e is an insurrection in a
State agains. the government thereof;
one of the prerequisites is an applica-
ton TO the fvesident.hy the executive,
When the legislature cannot be con-
re-.ed The act oftAe third Of Ma,..h
1870, sect Oh ] statutes re large, an
tAorizes the President to euploy sucl,
part of the land or naval force Of the
United States as shall be Judged ne
to suppress inourrection in q
State against the government thereof.
Having first observed all the pre-
requisites Of the law, now, if any
such application was made by Will
liam P. Kellogg, lie was not the Gov
ernor Of Louisiana gu Monday, Sep
TENDER Ii, le74, he left the State
house and retired to the Custom-llo
where he is now, and has been con-
tinuously since Monday, and at 8
o'clock on Tuesday the State-housc
was in possession Of the present ex-
listing government. In order that
there shon|d be an instruction in a
State against the government thereof
there must I've q government against
which opposition and insurrection
exist, which is not true now and has
not been true in Louisiana at any time
since 2 o'clock on Tuesday, Septem.
Der Is, lS74. But when all the other
exist, before the President
can employ any part Of the land or
naval forces he must, by prcclama-
tien, command the insurgents to dis.
perse and to retire peaccably to their
abodes within limited time.
The proclamation has been issued and
the time has been limited to five days.
Now We protest that this proclama-
ton does not apply to US or to the
people Of Louisiana, but even a case
where tho necessary conditions exist,
an insurrection in a State against
the government thereof, and q proper
application to the President no can.
not employ any part of the land or
naval forces until the expiration of
the time limited by him in proclama-
ton. We distinctly announce to you
that in any movement you may make
to suppress our government, that there
shall, in no case, lie iuterposed any
armed or forcible resistance, on our
part to the military forces Of tho Unit
ed States under your command. We
will occupy the State-honse and other
State property in this city until the
appearance and occupation Of the
same by the authorities of the gov.
ernment Of the United States, when
We shall retire, Knowing we have eur
rendered the same alone to the gov
eminent of the United States.
fSigned JOHN McENENY,
Governor.
E. B. PENN,
t Lieutenant Governor.
Tho Surrender.
New Orleans, Sept. l7.--At 6 p. a.,
in accordance with arrangements pre-
viously made, Gen. J. II. Brooke, &C.
companied By Lieutenants Wallace