The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-09-18
STATE OF LOUISIANA,
Executive Department,


New Orleans, Sept. II, 1874.
Gen. W. II. Emory, Commanding Department o
Gulf, New Orleans
Generdl-We have the honor to submit that
since our interview last night we have carefully
considered the subject informally discussed, and
have concluded to address you in writing, pro-
testing that there does not now exist in the State
OF Louisiana any "insurrectlon' against the Gov
eminent there Of that there is not in any part of
the STATE OF Lou lana any assemblage or
aggregation OF insurgents to dispense, and
that the people Of Louisiana are now peace
ably at their respective abodes and are peace
fully and quietly pursuing their usual avoca
lions under the protection OF the law J;
that there is now no trace or vestige remaining
Of the late usurpation, of which William Pitt ke-
logg was the head. That there is but one gov
eminent in existence in the State of Louisiana,
which il the government elected and chosen by
the pc, pie in November. 1872 and legally INSTALL
cd in January, 1873, Of which John NIcEnery is
Governor, ana d. Il. Penn, Lieut.. Governor.
That in all the parishes and throughout the
State OF Louisiana this government is recognized,
and 0beyed by the people, and is both de ju,e and
de- dcto tie government OF the State ofLouisiana,
in possession and in the actual exercise OF all
gOverDmenta al functions.
That if we are compelled by the military force
Of tho Bnited States, which we have neither the
power nor the inclination to resist to retire from
and TO abandon the governmental power and
authority rightfully and in fact, vested in us in
our respective capacities, there is no government
OF the Stale which can take our place, and that it
will b0 necessary in some form and by some in
strumentaity to infuse life into the effectually
dead and extinct usurping Government, Of which
William Pitt Kellogg was head and chief, under
che assumed title OF Governor.
Nevertheless, having been informed by you
that no alternative was left to us but to comply
Immediately with the proc.ama tion of the Presi-
dent, OF date 18th September, 1874, or subj ct
ourselves and our people to the actual exercise
~ "a mi itarv Ii cree ah ich m no.
part OF the Government of the United States
against State and the people of that State, ex-
hibiting no armed opposition and no host ity to
the Government of the United States.
We respectfully invite your attention to the
law and the terms of the proclamation Of the
President. By article Nv. Of the Constitution Of
the United States it is declared: The United
States States. shall On application Of the
each State against domestic violence" A part
Of the duty 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 act
Of Congress, 18th Of February, 1895, section l,
Statutes at Large, volume l, page 424.
An the act OF Sd Of March, 1907, section I,
Statutes at Large, vol 2, page 4l3, which 'au-
thorlZe the President to employ such part OF the
land or naval force Of the United States as shall
be judged necessary Ito suppress instruction in
State against the government thereof" having /
first OBS, rived all ''the prerequisite of the law.
IA
art ~. is a guarantee by. the "UNITED STATES" |
to each State against domestic violence, the acs
of Congress restricts EXECUTIVE interference to /
the cases in which there is IAN INsURRECTIoN' !
IN q estate against the government thereof
One OF the pre- requisites is an application to |
the President by the Executive. when the Legis- |
Ature cannot be convened.
Now, II any such application was made by
William Pitt Kellogg, he was not the Governor of
Louisiana. Monday, 14th September, 1874. he |
left the State-House and retired to the CUSTOM
House, where he is now, and has been continu-
ously since Monday; and at o'clock on Tuesday |
the Siate-House was III possession OF the existing
Government.
In older that there should be an instruction
in State against the government thereof there 1
must be a government against which opposition
and insurrection exist, which is not true now,
and has not been true in Louisiana, at any time
since o'clock A. ~, OF Tuesday, 18th Of
1874.
But WIN all the other conditions exist, before
Che President can employ any part OF tue land or
naval force. he must by proclamation "com-
mand the insurgents to disperse and to retire
peaceaby o their respective alb des, within
limited time"
The proclamation has been issued. and the
time is limited to five days. Now, we protest
that this proclamation does not appl, to us, or to
the people of Louisiana, but even in case
where tho necessary conditions exist, All insur-
rection IN State against the Government there
OF, and 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 III his proclamation.
We distinctly announce to you that in any
you may make to suppress our govern
ment, there shall, i'll nc case, be interposed any
armed or forcible resistance on our part TO the
military forces Of the United States under your
We viii occupy the State House ard other State
property in this city uutu the appearai zee and
occupation 0; the same by the authorizes OF the
Government of the United States, hen we shall
retire, knowing we have surrendered tile me to II
.he Government of the United States airne
We have the honor 10 remain, General
Your obediemt servants.
JOHN MCENERY
Governor.
D. B. PENN
Lieutenant Governor.