Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-09-18

state government. Mr.. Dubuelet, the state
treasurer, has not been interfered with.
RESULT OF THE CONSULTATION.
There has been a consultation to-day at the
/ statehOuse between the governor, lieutenant
governor and officers OF the lawful admins
! Iratlon, together with a number OF prominent
citizens, TO receive and consider certain propo-
sitiOns az General Emory. These propositions
! demanded the retirement Of all armed men
from the streets, and the return or the arms
| to the arsenal. These propositions have been
/ acceded 70, as Will be seen by the following
orders
HEADQUARTERS EXECUTIVE DEPARTNEST)
OF LOUISIANA,
NEW ORLEANS, September Il, 1874. J
| General Orders No. :.
| First-The state troops now under arms will
! be at once retired TO their homes.
| Second-The arms captured from the usurp-
| alton viii be carried and deposited in the Cen
| tral station, or at the third precinct, accord
! ingly as they who hold them live above or be-
| low Canal street.
Third-The artillery, horses and other public
| property captured will be carried and deposit
! ed ST the Central station.
Fourth-AI private arms purchased by ciu-'
! Zens viii be taken to the respective homes Of
| those who tear and own them.
/ Fifih-Superintenden Boylan will continue
| the work OF organizing the police and police
| ing the city. he viii receipt Tor the public
] property, arms, etc, turned over 10 him.
! Slxth-General Ogden. commanding the
state forces, Is charged with the execution Of
By command Of John McEnery, governor
| ana commander-ineehief.
! E. JOHN ELLIS,
| Colonel and Assistant-Adj utant-General.
TURNED OVER TO THE MILITARY.
The wsr is over as shown by the following:
HEADQUARTERS DEPARTMENT OF THEGULFl
| NEW ORLEANS, LA, September L, 1874. /
| ICircUiar.l John McEnery and d. B. Penn,
| ACKNOWLEDGEMENTS OF the state OF Louisiana,
having informed The departue ent-cOmmzn znder
/ Of their willingness, under the Presidents
procl snailon, 10 surrender the state property
I now IN their possession, ana 10 oisband the
| iusuI gent forces under their comm and, Brevet
Brig gadier-General X. BI coke, ,li5utenaut-cOi
duty Of taking possession OF the arms and /
other state property. he viii occupy the |
statehOuse, arsenal and other st9te-Duild- l
ings, until further orders He is hereUy ap-
pointed 10 command the city Of New Orleans /
until such time as the state and city govern
ments can be reoIganized. The present police |
force In the city, under charge Of these, will /
remain on duty ana be responsible for the /
good order and quiet Of the city, until regu- |
By command OF Colonel and Brevet Msior-
General, W. H. EMORY,
LUkEO. BELLY,
Captain nineteenth infantry, A. ID. c. /
GOVERNOR M'ENERYiS PROTEST.
Governor McEnery held council az the i
statehOuse, which, after a long consultation /
ing letter, 70 be addressed 20 General Emory,
embOdylng protest and rem0nst anCe
agalnsl the position assumed by him a. the
private interview held with him last evening:
NEW ORLEANS, September L, Is74.
General ". IL. Emory, Commanding Depart-
rnent OF the Gull:
GENERAL-We have the honor 10 submit
that, since ouI Interview last night, We have
carefully considered the subject then iufOr-
mally under discussion, and nave concluded
10 address yOu in writing protesting that there
does not now exist In the state Of Louisiana
any insurrection against the government OF
Kellogg; that there Is not, in any part OF the
state o. Louisiana, any Assem- blege or aggre-
CATION OF insurgents 70 diSperse, aud that the
people OF Louisiana are now peaceably al
their respective 6DOdes, and quietly pursuing ,
their usual avOcatlOns under protection OF the
law that there is no trace or vestige remaining
OF the late usurpatiOn, Of which M7n. PM
Kellogg was the head, and there is but one
government in existence IN the state OF louis
lana, which was elected and chosen by tue /
people in november, iS72 aud legally installed {
in 1873. OF which John McEnery Is governor,
aud D. b fenn Is lieutenant gov ernOr; that
in all the parishes and throughout the state :
OF Louisiana this government Is recognized, / I
and is supported, adhered 10, respected and !
ooeged by the people aud is, both de jttre Gnu Z
0e tuctO, The government Of the State OF Louis [
lana, in possession and in the actual exercise ! 3
OF All governmental functions; that II We are /
compelled by the military forces OF the United &
states, " Mich We have neither the power nor ,
the inclination 10 resist, 70 retire from aud 10 I
apanuon tle oNernnlen Isll power and autAor- .
1iy Tightfully and in fact vested in US IN our /
respective capacities, there is DO government i
OF the State which can take our place, {
and that Il will be necessaryin some form aud
some instrumentalitY 70 iufuse lie into the {
efiectually dead and extinct susurpation Of I
government OF which Kellogg was head and
chief under an assumed title. Nevertheless,
having been informed by you that no alternR-
tive Was left TO US but to comply Immediately
with the proclamation OF the President OF
the fifteenth OF september, lS54, or subj our
selves and our people 70 the actual exercises
OF the military iOrce, Whlcn means on
the part Of the government against 4 state /
aud the people of trat state exhibiting no
armed opposition aud no hostility 10 the gov
ernrnanf ff me United states We rsstecffllly
invite your attention tOthe law and The terms
Of ths proclamation OF The President By !
states, II is declared that the United states I
shall ON application OF the legislature, 7
etc. CT the executive, etc, pro {
violence. 4 part OF the authority which this 1
article imposed upon the United States, | G
" whIch means necessarily the entire govern G
ment, was Imposed upon the President or the [
head Of the government bY the act Of con- G
sress, February 3, ES5- statutes at large, c
he constitution, Article ". is a guarantee by 0
he L Jnlted states 20 each state against dOmes- q
nc violence, the act OF congress restricts eX- ?
scuuNe Int rerence % cases In which there 9
5 an insuTrection In a stale against the gov 3
,rnment thereof. one OF the prerequisites o
% an appli cation 20 the President by the eX- d
.cutive, when the legislature cannot be con- q
'ene1, The act OF the third Of March, lsJz, sec
ion !, Statutes az large, vol il, p. as,
,art OF the land or naval forces OF | {
be United States shall be judged .
iecessary 70 suppress an lnsnrreetlon in }
iiale against the government Thereof, having p
lrst observed all tie prerequisites Of the law. 2
Vow 81 any such application WAS made by O
Kellogg he was not the governor OF Louis. p
ana. On Monday, September "a, 1874, he ! q
eft the gtatehOuse and retired 10 the custom o
louse, where he Is now aud has been oOntin- d
laliy since Monday, and At nine o'clock on | v
aesday the stafebOuse was in Possession OF
ne present existing government. Ia order
hat there should be an insuueciion in a
'tale against The government thereof there
hlsL DC government against which the Op-
position and tnsurrection exists, which is NOT
n ne now, and has not been true IN Louisiana u
~ any t4lne since nine o'clock on Tuesday ~
= ptelnoef ID, 1874; but when all the
1tner CONDITIONS exist before the President q,
.an employ any part Of the land or naval ~
ofces ne must DV proclamation. command :.
he insurgents to disIerse and to rafTe r,lscs :,
aOly % their respective abodes within "A linn -
ted Time The proclamation has fa,eT, fss5,e-f Z,
ana tne uule besn limited 10 I'VE days Now n
We protest that This prOcla amailop docs moi -
sPlly 20 us oi 70 the people Of louisiana; but M
even ln a case where lhe Necessary condiftons -
exist As an lnsurrectiOn in a state sgsiDsf ne p
government thereof, and 4 rr5,-s-- -. - =
DucauOn TO the President he caunof eTa5 "
plOy any part Of the land or naval frres q
until the expiration Of the time IiraitlS ! =
by him IN ms proclamation. We Distinctly =,
announce TO you that any mOvement S5oi, y y
may make 10 suppress our government fbaf y,
there shall in no case De inter- posed arv ars0f "
or fOTclble resistance on our part % tine milf =,
tary forces o. the United States under your -
command. We Will occupy the statehouss y
ami other state property in this city until t6e "
appearance and occupation Of the same bv :,
the authorities OF the government OF the =
I nited States, when we shall retire. knowing / u
that We have surrendered the same alone 10 ! h
the government OF the United States. \
JOHN MENERY, Governor.
ID. b. PENN, Lleut. Governor. =
GENERAL BROOKE N POSSESSION. T.