The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-12-15
THE LOUISIANA QUESTION.
First Article.

First Article.
The disorder. discomfort. internal comm
tious. anarchy and what the President cal
instruction in Louisiana. have their origi
in this telegram ST ME. Attorney Gener
Williams
DEPARTMENT or 9usrscp, Dec. 3, 1879.
s. B. Packard, L. S. Marshal, New Orleans:
You are to enforce the DEGREES and mandates
the United States Courts, no matter by whom r.
sisted and General Emory will furnish you wit
the necessary troops for that purpose.
GEORGE II. WILLIAMS, Attorney General.
No mandate or decree of the courts of tn
United States has been resisted in Louisiana
Nor has the authority delegated in this tele
gram been employed to enforce any decree o
mandate previously existing. The records O.
courts Of the United States contain no repor
ofresstance, nor disorder, nor resolution o
the court that the standing army wa
needed to enforce the DEGREES of the
court. Contrary to all official propriety
Mr.. Attorney General passes by the courts,
and confers very extraordinary and
delicate power upon a ministerial and
subordinate officer for use in the future
IT was soon disclosed what the significance Of
Mr.. Attorney Generals telegram was, and the
Hlalign purpose for which it had been made
On the night Of the 5th of December, Judge
Durell, the only Judge of the United States
on duty in Louisiana convened at his private
room two attorneys Billings and Beckwith|
and Marshal Packard. The Judge dictated an
order to the Marshal, which the attorney wrote
down. The direction to the Marshal was to
take possession of the building used by the
State, as State House, and to occupy it till
the further orders of the Court. The Marshal
was directed to prevent what is called an un-
lawful assemblage of persons who pretended
to be returned as members Of the Legislature.
The telegram of Mr.. Attorney General was
known to the Judge, for he directed that the
Marshal apply for troops to Gen. Emory. The
two attorneys testify that this was the first
notice to them Of design to make the order
There was no petition or motion for it. 1t is
not PRAYED for in any cause. There was no
affidavit of facts to warrant it. The order is
directed by the Judge to the Marshal, and
was delivered to him, and was executed with
troops furnished by Gen. Emory, the same
night. No process issued upon 1t.
All men agree that this order was, in sub
stance and in form, entirely illegal and with
out any valid claim for execution. We have
here cOntempOraneous exposition by Durell
and Packard OF the meaning and purpose OF
Attorney General Williams. On the morning
of the 9th of December, 1872, the State
House, in which the Executive Office was, and
where the Legislature Of the State held its
United States to sustain the custody and con-
troll Of the Marshal, Packard.
What was to be done with it? is the ques-
ton which we are now able to answer with
1nerring certainty. During the 9Th and 7th
of December, Billings and Beckwith were
diligently employed In writing an original
bill in chancery for Antoine. Antoine is a
negro, who ut the time was in the Custom |
House of the United States, and had beeen a |
candidate for Lieutenant Governor on the |
ticket with Kellogg, the candidate for Gov |
ernOr The term OF Office for the Governor and |
Lieuten INT Governor did not commence till |
January. Antoine averred in his bill that he |
had been certainly elected in November; that |
he apprehcnded that in January he might have |
some embarrassment III going into the Office. |
To make assurance sure he filed that bill. |
There are about one hundred and thirty-tiye |
defendants the Governor OF the State Secre-
tary OF State, the members of two hostile |
boards for canvassing the returns OF the State
elections, nineteen claimants for seats in the
State Senate. and above one hundred claim
ants OF seats in the House of Representatives.
and the clerks of the two Houses Upon an
eAparte application to Judge Durell on Satur-
day December \, 1872, Judge Durell granted |
a restraining order to affect each one of these
official persons under the State Government
This order commanded each and all of these
persons neither by return. certificate, registry,
call OF names, act, word, sign or mark IN any
manner to recognize, cooperate with, aid,
assist or entertain any of these persons or
others as members of the State Legislature.
unless he had d token or sign, or wore the
wedding garment which Antoine described as
proper for them to have. SO that in January
Antoine might be declared 10 oe Lieut.. Gov
rnor. This order was to be in force till the
18th, when the Court would hear motion for i
an injunction on notice to defendants. To I
understand the full wickedness of this un-
precedented order. it must be remember.d the !
Legislature was to be convened on Monday.
he 9Th. The conspirators had Monday and {
Tuesday to consumnlate their malignant pur-
,oses. Marshal Packard held the State {
apital, having at command an army wit t
,anners and artillery He held the one hun {
'red and thirty-five writs, to be served Oh the
lalinants to seats in the Legislature. He had c
rom the Attorney General orders to enforce ]
he mandates and DEGREES OF the United States s
'ourts, no matter by whom resisted He and q
Is deputies were ut the doors of the State b
louise on the 9th. 1t was thus on Monday S
nd Tuesday. the 9th and 10th Of December, q
hat Legislature was impaneled which for II
$50 years has been the gazing stock Of all visit
rs at New Orleans rs the embodiment of all b
eruption, dishonesty, bribery and folly, ever v
U
lidnight order Of the 9Th was the preparatory d
,easure for the empanement of this Legisla- a.
Ire on the 9Th and 10th. They are parts of
re same conspiracy. But there was another p
age IN this downward road of TYRANNY. Oh S,
ression and overbearing insoence and usnI- IL
alton. A Governor must be placed in power IL
} cooperate with this Legislature. Kellogg II
nd Antoine had no preteNt for claiming Ct
i'ice till January. A licentious fellow named 81
lnchback was selected as a proper usurper G
lie had been Senator in the preceding Leg IL
,lature, and after the death OF Lieut.. Gov. n,
'unn had been elected President of that II
enate and acted as Lieutenant Governor "
Us term had expired. His successor was H
ne OF Antoines defendants. He had no title G
place in the Senate. Nevertheless at "
enued 10y Mr. Billings, attorney, he took OF
ossession OF the chair of the President of the I'll
enn'e. win the agencies to support him, "
aere was no room for opposition With &C
repaired plan he organized the Senate to con- e,
'rin to Antones wrts. The House Of Rem OF