The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1874-10-02
History OF the Louisiana Case.

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That the minds of our readers may be
refreshed regarding the new rebellion
in Louisiana, we give again the particu-
lars OF its origin. The election OF 1872
was a very exciting one. Warmoth,
then Governor, was elected by the Re-
publicans, but had gone over to the
rebel party. and was working for the
success OF McEnery and the fusion
ticket, being promised as reward the
United States Senatorship. According
to the laws of the State, Gov. War
moth, Lieut.. Gov. Pinchback, Secre-
tary of State Heron, and Messrs.
Lynch and Anderson constituted re-
turning board, with power to canvass
the votes and make official returns
thereof. The two latter-named gentle
men being candidates for the Legisla-
ture, resigned their places on the board,
and to fill these vacancies Gen. Long
street and one Hawkins were elected by
the remaining members, as provided by
law. Warmoth did not like this ac-
ton, and to avoid it he removed the
Secretary of State, Heron, who, by vir-
tue of his office, was member of the
board, and appointed in his place a
notorious scamp, named Jack Wharton.
Warmoth and Wharton then repudi-
ated the election CT Longstreet and
Hawkins, and appointed IN their places
two men named Hatch and Dupont.
The board 30 constituted were proceed
ing to canvass the votes when their pro-
ceedings were enjoined by the Judge of
the Eighth District State Court, whose
jurisdiction was unquestioned. War
moth, thereupon, forcibly elected the
Judge from Office, and installed in his
place, before the votes were canvassed,
the candidate on the fusion ticket who
ran for Office in that district. Proceed
ings were then had in the Supreme
Court of the State on the validity of the
removal of the District Judge, and that
court held the action invalid, and in eff
feet decided that Warmoth's Board of
Canvassers was illegal and its acts void.
These decisions were treated with con-
tempt by Warmoth, and suit was COM
menced on the equity side of the United
States District Court, in which an in
junction was asked and obtained against
Warmoth's Board of Canvassers. No
attention was paid, however, to this.
Instructions were then given to the
United States Marshal to enforce the
decree of the court, and this he pro-
ceeded to do. In the meantime, a ma
iority of the Board of Canvassers as at
first organized proceeded TO canvass the
vote. They returned that Kellogg and
the State ticket upon which he ran were
elected. Warmoth having called an
extraordinary session of the Legisla-
ture, the Republican members returned
by the Board of Canvassers assembled
and Immediately made formal call
upon the President to protect the State
from domestic violence. Another body
assembled at Lyceum Hall, claiming to
be the Legislature, their election hav-
ing been certified by Warmoth and his
man Wharton, and collision was i'm
minent, when the President interfered
to preserve order, and in doing so re-
cognized the Kellogg government and
the acts of the regular Board of Can
vasssrs.
or course, the Warmoth and McEnery
faction claimed that the returns of the
board were fraudulent, but after a care
full examination the Attorney General
of the United States gave his opinion
against them. He said "Not doubt
ing that irregularities had occurred on
both sides, but believing that the Re-
publican ticket had received ma ority
of votes in Louisiana, and acting in
conformity to the returns of the several
Boards of Canvassers and the decisions
of the State and Federal courts, the
President recognized the Kellogg or
ganization as the lawful government of
the State" Not only did the President
do this, but Congress, in its action, in
effect did the same. The present up
rising, therefore, is not only an assault
upon the State authorities, but an open
defiance of the Federal Government az
well. The President was compelled, in
the emergency, to recognize one or the
other Of these governments and support
it, or see the State scene of complete
anarchy. In the case of the Dorr re-
bellion in Rhode Island, many years
ago, Chief Justice fancy, in referring
to the duty of the President in such
cases. said:
The fact that both parties claim the right to
the government cannot alter tie case, for
both cannot De entitled to it. 1t is an armed
conflict like the one OF which we are speaking.
il is case OF domestic violence, and one of
lawful government. And the President must
of necessity decide which is the government,
and which party ID lawfully arrayed against it
before he can perform the duty imposed upon
him by act Of Congress.
This the President has decided in the
case of Louisiana, a decision supported
by the legislative and judicial branches
of the Government, and yet in the face
of this, armed men overthrow that gov
eminent and trample their decisions
under foot. But this is not all. The
investigation of the Senate Committee
revealed the fact that though there were
illegal .acts on both sides, the most
enormous frauds were perpetrated by
Warmothites. The creatures of the
Warmoth Board who certified to the
election of the McEnery candidates adj
mitted that they threw out the returns
from six parishes, on the ground that
force was used, while from other
parishes, though counted for McEnery
were shown to be forgeries, and in one
or two instances eye-witnesses testified
that the returns were manufactured and
sworn to in blank. We have not room
now to refer except very briefly to; lie
! vOluminous testimony uDon this DOirtC