The New York herald., 1874-09-18
THE M'ENERY SURRENDER.

NEW ORLEANS, La, Sept. H. 1874
There has been consultation to-day at the State
House, between the Governor, Lieutenant Cover.
nor and the officers Of the lawful administration
to receive and consider certain propositions or
General Emory. These propositions demand the
retirement OF all armed men from the streets. and
the return of the arms to the arsenal. These pro-
positions have peen acceded to, as will be seen by
the following Orders:-
FEDERAL TROOPS TO TAKE POSSESSION.
HEADQUARTERS DEPARTMENT OF THE GULF,
NEW ORLEANS La, Sept. II, 1874.
John McEnery and d"Da'a. D. B. Penn, styling them
selves respectively Governor and Lieutenant Gov
ernor OF the state OF Louisiana, having informed
to surrender the State property now IN
surgent forces under their command, Brevet
Brlgadier General J. X. 2,ooke, Lieutenant
Colonel Third infantry, is charged with the duty OF
taking possession of the arms and Otner State
property He will occupy the State House, arsenal
and other State buildings until iurther orders. He
Is nereDy appointed to command the city OF New
Orleans until such time as the State and city
governments can be reorganized. the present
police force IN the city, under charge of Thomas
Boylan. Will remain on duty, and be responsible
Tor the good order and quiet of the city until
regularly relieved.
BY command Of
Brevet Major General W. H. EMORY.
LUKE OREILLY, Captain Nineteenth Infantry,
THE STATE FORCES D1sBANDED.
HEADQUARTERs,)
NEW ORLEANS, La, Sept. II, 1874.
ORDER No. 7.-FaSt-rhe State troops now
under arms will be at once retired to their homes.
Second-Ihe arms captured from the usurpation
will be carried and deposited in the Central sta
tiOn, or at the Third precinct, accordingingly as
they VINO hold them 1--we above or below Canal
Thtrd-The artillery, horses and other public
property captured will be carried and deposited
in the Central station.
FourtA-A private arms purchased by citizens
Will be raKen to the respective homes of hose
VINO bear and own them.
FVM-Superintenden Boylan will continue the
work OF organizing the police and policing the
city. He Will receipt Tor the public property,
arms, &c, turned over to him.
@rth-General Ogden, commanding The State
BY command of JOHN MCENERY,
Governor and Commander in Chief.
E. JOHN ELLIS Colonel ana Assistant AdJutant
THE M'ENERY PROTEST.
Governor McEnery held q council at the State
House, which, alter long consultation and discus
sion, determined upon the following letter to be
addressed to General Emory, embodying protest
and remonstrance against the position assumed
by him in the private interview held with HIM last
evening"
NEW ORLEANS, Sept. II, 1874.
General w. II. EMORY, Commanding Department
OF the Gull, New Orleans:-
GENERAL-Ne have the honor TO submit that
since our interview last night we have carefully
considered the subject then informally discussed
and nave concluded to address you in writing
protesting that there does not now exist in the
State OF LOUISIANA any insurrection against
the =" nnv 1art Of of sSe sfe Of ts
any assembage or aggregation OF insurgents to
disperse, and that the people OF Louisiana are now
peaceably at their respective abOdes and quietly
pursuing their usual vOcatiOns under the pro-
lection of the law; that there Is no trace ves-
tige remaining 1.-THE late usurpatOn OF which Will
lam Pitt Kellogg was the head, and there is but
government in existence in the State of louisiana
which is the government elected and chosen by
IN lS73 OF which Jonn McEnery Is Governor and ID.
b. Penn Lieutenant Governor. In all the parishes
and throughout the State of Louisiana this gov.
ernment Is recognized and Is supported ana adj
nered to- and respected and Obeyed by
de ae ,co the governmeHs of the State an of
Louisiana in possession and in the actual exercise
OF all governmental functions That If we are
compelled by the military force OF the United
States-whlch We have neither the power nor the
inclination TO reslst-io retire from and to aban-
fully and In fact vested in us In our
respective capacities, there is no govern.
ment OF the State which can take our place and
that 1t will be necessary. in some form and by
instrumentality, TO muse life into the etectually
dead and extinct usurping government, OF which
assumed title OF Governor. Nevertheless, having
been I'M informed by you that ,n, no aternatlye
with the proclamation OF the President OF the
date OF September 49, 1874 or subject ourselves
and our people to the actual exercise OF the mill
tary force, which means war on the part OF the
government against State and the people OF
that state exhibiting no armed opposition and no
hostility 10 the government OF the United States,
we invite your attention to the law aud the terms
OF the proclamation of the President: BY
article OF the constitution OF the United
States 1t Is declared the United States SHALL on
application OF the Legislature, &C, or the Execu
tive, &C., protect each state against domestic
violence Apart OF the authority which this article
imposed upon the United States, which means
necessarily the entire government, was
imposed upon the President as the head OF
the government by the act or Congress
424) You will perceive tnat while the constitu
tOn article ~ IS guarantee by the United
States to eacn state against domestic violence,
the act OF Congress restricts Executive interfer-
IN State against the government thereof
ton ton to the ' President. by " the )" Executive SG
when the Legislature cannot be convened The
act OF March 3, 1870 (sec. !, Statutes at Large,
vol. 2 p. ALB authorizes the President TO
employ such part OF the land and naval lorce OF
the United states as shall be judged necessary TO
suppress insurrection in State against the gov
requisites OF the law. -
Now, If any such application was made by VIII.
lam Pitt Kellogg he was not the Governor Oi
Louisiana. On Monday, September IA, 1874, he let
where he is now and has been continuously since
Monday, and at nine O'Clock on Tuesday the state
House was IN possession OF the present eNls., ,No
ing government. In order tnat There mere
the government thereof, there must be a
government against which opposition and insur-
rccton exist, which is not true now and mas not
been true in Louisiana at any tlme since nine
all the other conditions exist before the PRESIDENT
can employ any part OF the land or naval forces ne
must, by proclamation, command the insurgents
" dlsperse aud tn return peaceahly 10 heir re-