New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-09-18
THE ISTERREGNU>1
EVENTs OF THE THIRD DAY
Mr.. MfhEaY PROTESTS AND A3oycA1Es
Tie 1as.r-ec:io1 Suppressed by a Ger-
erai Order.
PEACE AND QUIET PREVAILING

Du'.ng :.e ear: : hours yesterday consid.
| e:aJ.e eAc:.emea: was manifested ali over
town. Men bearing arms were seen hurry.
ing t. ard fro. and the word was passed
that orders had been issued for the League
% be ready Cor action a: moments notice.
There was exciting talk OF new barrie AIDES
being erected. ami OF proposition. emanat.
ing from some O! the younger and more
headstcon; of the League. TO march up and
take Genera; Emory prisoner.
Early "A tne day Commander keli.. Of the
United States navy, received orders to place
:wo ironc:ads in position for action in front
O. the city.
The Chamber Of Commerce me: at eleven
O'Clock. and. with one o: Governor Keilogg's
o.ficeho!ders IN the Ch air. proceeded to de.
clare the city quiet. indorse the McEnery.
Penn government. and derounce the iegiti.
mate State administration.
During the morning McEncry held a con.
su.tat:on with some OF his friends. aad it
was agreed 20 :iins the following document
in the face of the commanding General:
New ORLEANS. September II. 1874.
Genera! ". q. Emory comma nding Department: Of
the Gul: New Orleans
GESERAL-We have the honor to submit
that since our interview last night. we have
carefully considered the subject then in.
formally discussed. and have concluded to
address you in writing.
Protesting that there does not now exist
in the State OF Louisiana any insurrection
agains: the government Of McEnery: that
~ e = <1>,G g 7
lana any assembiage or aggregation of in.
surgents to iispe-se. and that the people of
Louisiana are now peaceably at their re.
spective abodes and quietly pursuing their
usual avocations under the protection Of
the law: that there is no trace or yes.
tye remaining of the late usurpation
OF which William Pitt Kellogg was the
head: that there is but one government in
existence in the State Of Louisiana. which
is the go-ernment selected and chosen by
the people in November. 1872. and legally
installed in 1873. Of which John McEnery is
Governor. and ID. B. Penn Lieutenant Gov
ernoc: that in all the parishes and through
out the State Of Louisiana this government
is recognized. and is supported and adhered
TO. and respected and Obeyed by the people,
and Is both d. .i.rc and dc 'ac'o the govern
ment OF the State of louisiana, in posses
sion and in the actual exercise OF all
governmental functions: that il we
are compelled. by the military force
Of the United States-which we have
neithe. the power nor the inclination to re.
sis:-tO retire from and to abandon the
governmental power rightfuliy and in fact
vested n US in our respective capacities,
there is no government of the State which
can take our place. and that it will be neces-
sary. in some form and by some instru.
mentality. to infUse life into the etfectuaily
dead and extinct usurping government. of
which William Pitt Kellogg was head and
Chief. under the assumed title of Governor.
Nevertheless. having been informed by
you that no alternative was left to US but
To comply Immediately with the proclama-
ton of the President Of date Of September
-, 1874. or subject ourselves and our people
to the actual exercise Of the military force.
which means war on the part Of the govern
ment against State and the people of that
State. exhibiting no armed opposition and
no hostility to the government of the United
States, we respectfully invite your attention
to the Jaw and the terms Of the proolama.
ton Of the President:
By article four of the constitution Of the
United States. it is declared the limited
States shall on applica.
tion of the Legislature. etc. or the execu-
tive. etc. protect each State against do
mestic violence" A part of the authority
which this article imposed upon the United
States, which means necessarily the entire
government. was imposed upon the Presi-
dent. as the head Of the government, by the
ac: Of Congress February 2S, 1875. Il Stat.
utes at Large. vol. ], p. 42!t.
Iow will perceive that while the constitu.
ton. article four. is a guarantee by the
United States to each State against do.
mestic violence. the act Of Congress re-
stricts executive interference to the cases
in which there is an ''insurrectiOn in a State
against the government thereof"
One of the prerequisites is an application
70 the President by the executive, when the
Legislature can not be convened.
The act OF March 3. 1907, section one,
Statutes at Large, volume two page ABB.
authorizes the President to employ ''such
part of the land or naval force OF the United
States as shall be judged necessary ito sup
press :nsurrection in a State against the
government thereof. having first observed
al! the prerequisites of the law
Now. if any such application wa, made
by William Pitt Kellogg: he was not the
Governor Of Louisiana. On Monday, Sep.
tember ii. 1874. he left the State House
and retired to the Custoinhouse. where he
is now. and has been continuously since
Monday: and at nine O'clock on Tuesday
tho State House was in possession OF the
present existing government.
In order that there should be an insurrec.
tion in a State against the government |
thereof there must be government against |
which opposition and insurrectiOn exist. |
which is not true now. and has not been !
true in Louisiana at any time since nine |
O'Clock on Tuesday. September Is. 1874.
But when all the other conditions exist, |
before the President can employ any part
of the !aad or naval force he must. by !
proclamation, command the insurgents to |
disperse and to retire peaceably to their re- |
spectiye abodes within limited tlme.'
The proclamation has been issued, and |
the time has been limited to five days. Now |
We protest that this proclamation does not |
apply to Us, or to the people OF Louisiana;
but even in a case where the necessary
conditions exist. an insurrectiOn in State !
against the government thereof. and
proper application to the President, he can
not employ any part Of the land or naval
force untll the expiration of the time limited !
by him in his Proclamation.
We distinctly announce to SOU that. In |
any movement you may make to suppress |
our government. that there shall in no case |
be interpOsed any armed or forcible resist |
ance 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 and occupation of the same BY |
the authorities of the government OF the |
United States, when we shall retire, know.
ing we have surrendered the same alone to
the government of the United States.
JOHN McENERY, Governor.
D.. PENN. Lieutenant Governor.
This led to prompt visit from General
Emory, and some very plain language was
nd n; God in f1, him Aa a reSult the follow"