Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1874-10-22
The President and Louisiana.

Convention clsmoring for the summary
suppression of revols against ga duly
organized State government. Here
are the friends of the President APP
plauding his promptness In sending
troops and gunboats to restore law and
order in New Orleans. Here are
party organs lying in the most out
rageous manner about the duty of the
Federal Executive to sustain the decis-
ions of the courts, and the utter ina
bility of Gen. Grant to take the respon.
sibility of deciding between Kellogg
on the one side and McEnery and the
people on the other. What is the truth
about this matter? We purpose to
show that Grant himself was the prime
moxer in the Kellogg usurpation that
he never followed the orders of the
courts, but went before them.
At the beginning of December, 1872
| (Warmoth being then Governor), the
two canvassing boards, known as the
Wharton aud Lynch Boards, had both
been superseded by the PRONUNCIATION
of Law passed at the previous session
of the Legislature, under which
the De Ferret board was sub
sequently appointed. This, accord
ing to the report of the Senate
Judiciary Committee, was thereafter
the only body competent to make le-
gal canvass of the votes. Warmoth had
called the Legislature to meet in extra
session, Dec. 3. Thus far there had
been no canvass of the returns for Gov
ernor, and Durell had taken no action.
There had been, of course no resistance
TO the courts there was no reason to
believe that there would be any /; it does
not appear that the Marshal or anv
other officer had asked for troops yet
on the Bid of December Attorney Gen
eral Williams telegraphed the following
extraordinary message to Marshal Pack
ard you are to enforce the DEGREES
and mandates of the United States
Courts, no matter by whom resisted.
and Gen. Emory will furnish you with
all necessary troops for that purpose
Mr.. Williams evidently knew what was
coming. On the night of the 9Th Oh
December-stin no trouble and no de-
mand for military aid-two batteries of
the 1st artillery were moved into
New Orleans. On the same night
Judge Durell issued his famous mid
night order, made illegally, out of
court, without even the form of judicial
process, commanding the Marshal to
take pos session of the State House and
prevent The assembling of the Legis-
lature,-a order of which Sena-
tor Carpenter said, sit is impossi-
BILE to conceive of a more irregular, IL
legal, and in every way inexcusable act
on the psrt of a Judge; it had
no more legal effect than an order issued
by any private citizen" In accordance
with this order, the troops furnished
House at 2 o'clock in the morning, and
remained there under orders of Marshal
Packard for more than six weeks.
Meanwhile (that is to say on the 4th of
December) the De Ferret Board had
canvassed the returns, and declared
McEnery and the rest of the Fusion
ticket elected. But Marshal Packard's
soldiers prevented the Legislature from
assembling; second order from Durell,
issued like the first in open defiance Of
law and equity, recognized the Lynch
Board, which had been legislated out
of existence by the act signed the pre-
vious November and that board, with
no returns in its possession, proceeded
to count in Mr.. Kellogg on the strength
of estimates, newspaper reports and
forged afidavits. While this travesty
upon republican government was enact
ing, Packard was keeping the Attorney
General advised by telegraph of every
step In the outrage, and Collector Casey
was telegraphing to the President
"The decree [of Judge Durelf1, if en-
forced, ioil saue the Republican ma
jority, and giue Republican Legisl0-
ttue and State government" OF course
it was enforced. The troops had not
been ordered to New Orleans in adj
vance without a purpose.
The Legislature created by Durell
and the Lynch Returning Board now
impeached Warmoth, suspended him
from office, and installed Lieutenant
Governor Pinchback in his place, all
within few hours, infagrant disregard
of the statute which prescribed the
method of impeachment; and Pinch
back, Casey, Kellogg, with the rest OF
| luc OC6uA 3
madly to Washington for further aid.
"Our members are poor" says Casey,
in dispatch to the President, "and
adversaries are rich, and offers are
made that are difficult for them to
withstand. There is danger that they
piH break orr quorum. The delay in
placing troops at disposal of Gov,
| Pinchback. In accordance with joint
resolution of Monday, is disheastenine
orr friends and cheering our enemies
If requisition of Legislature is complied
with the party will be saved" So OF
the 18th of December Mr.. William
telegraphed to Pinchback, Let it b,
understood that you are recognized b,
the President ;" and on the same day b.
replied as follows to the respectful re
quest of committee headed by Gov
McEnery for hearing: "Your visi
with hundred citizen will be unavail
ing 80 far as the President is concerned
His decision is made and will not b
changed"
4 That is the plain history of the Kel
logg usurpation. 1t was not establish
by the courts; it was set up by the ioin
action of, the President, the Attornt J
General, and the United States MAJ
| oboI Tho prateuse that Gen Grar