The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1874-09-25
Bancroft Er 1ian7s
HISTORY OF THE LOEJIsH.
ANA CASE

| InE&f-Oce3n.
That the minds of our readers
may be refreshed regarding theme
rebellion in Louisiana, we give
again the particulars of its origin,
The election of 1872 was very ex
citing one. Yarmouth, then Gov
ernor, was elected by the Repubii.
cans, but had gone over to the rebel
party and was working for the sue
cess of McEnery and the fusion tick
T ct, being promised as 3 reward the
United States Senatorship. Accor-
ding to the laws of the State, Gov
eri.Or Yarmouth, Lieu tenant Gov
, ernOr Pinchback, Secretary of State
Heron, and Messrs. Lynch ans.
Anderson cvnsIi uted n hoard, w it'll
power to CANVASS The votes anu
make ON cial returns thereoi. The
Two latIer-nained gentiem..n being
candidates tor the Legisla, ure, re-
signed their places on the board,
aud to fill these vacancies General
Longstreet aud one Hawkins were
elected by the remaining members.
as provided by law. Yarmouth
did not like this action, aud to avoid
il he removed the Secretary of
State, Heron, who, by virtue of lis
Office, was q member of the beard,
and appointed in his place moiori-
Gus scamp named Jack Wharton.
Yarmouth and Wharton then repu-
dated the election of Longstreet
and Hawkins, and appointed in
their places two men Lamed Hatch
and DepOnt. The board so consti-
tuted were proceeding TO canvass
the votes when their proceedings
were enjOined by the Judge of the
Eighth District State Court, whose
Jurisdiction was unQuestiOned.
| Yarmouth, thereupou, forcibly ejec-
ted the Judge from Office, and in
stalled in his place, before the votes
were canvassed, the candidate ofthe
fusion ticket who ran for the Office
in that district. Proceedings were
then had in the Supreme Court of
the State on the validity of the re-
moval of the district judge, and
that court held the action invalid,
and in effect decided that War
mouths Board of Canvassers was
illegal and its acts void. These de-
cisiOns were treated with contempt
by Yarmouth, and suit was com.
menced on the equity side in the
United States District Court, In
which an injunction was asked and
obtained against Warmouth's Board
of Canvassers. No attention was
paid, however, to this. Instructions
were then given to the United
States Marshal to enforce the de-
cree of the court, and this ne pro-
ceeded to do. In the mean time, a
majority of tho Board of CanVassers
ss at first organized proceeded to
canvass the vote. They returned
that kellogg and the State ticket |
upon which he ran were elected. |
Yarmouth having called an extra
ordinary session OF the Legislature,
the Republican members returned |
by the board of csnVassers assem-
bled and Immediately made form
al call upon the President to protect |
the State from domestic violence. |
Another body assembled at Lyceum
Hall, claiming to be the Legislature,
their election having been certified |
by Yarmouth and his man Whar- |
ton, and collision was imminent,
when the President interfered to |
preserve order, and in doing so rec
ognized the Kellogg government
and the acts of the regular board of |
canVassers.
OF course, the Yarmouth and |
McEnery faction claimed that the |
returns of the board were fraudu-
lent, but after a careful examina-
ton the Attorney General of the
United States gave his opinion |
against them. He said: "Not |
doubling that Irregularities had oc-
Cured on both sides, but believing |
that the Republican ticket had re-
ceived majority of votes in Louis
lana, and acting in conformity to |
the returns of the several Boards of
CanVassers and the decisions of the |
State and Federal courts, the Presi-
ident recognized the Kellogg organ
ization as the lawful government of
the State" Not only did the Presi-
dent do this, but Congress, by its
action, in effect did the same. The
present uprising, therefore, is not
only an assault upon the Stale au-
thorities, but an open defiance of the
Federal Government as we'll. The
President was compelled, in the
emergency, to recognize one or the
other of these governments and
support it, or see the State a scene
of complete anarchy. In the case
of the Dorr rebellion in Rhode Is
land, 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 the case, for both
cannot be entitled to it, In an armed con-
is q case of domestic violence, and one of the
parties must be in insurrectiOn against the
lawful government. And the Presideat must
oInsceSsity decide aohtch 70 the government, and
sohiGh party 10 uRIdlCfaLEy Grrdyed d0dinst Is BE-
fore 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 government
and trample their DECISIONS under
foot. But this is not all. The in
vestigation of the Senate committee
revealed the fact that though there
were illegal acts on both sides, the
most enormous frauds were perpe-
trated by the Warmoathites. The
creatures of the Yarmouth board
who certified to the election of the
McEnery candidates admitted that
they threw out the returns from six
parishes. on the ground that force
was used, while those from other
parishes, though counted for McEn-
cry, were shown to be forgeries,
and in one or two instances eye
witnesses testified that the returns
/ r. \ A.