The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-01-07
KELLOGG WEAKENS.
A Direct Issue Presented but Declined by
Him.
He Wouldn't Abide by the Finding Of the
Congressional Committee Relative
to the Election of 1872.

| ~ VAAO AACCtAVu VI 1919
1t will be remembered that upon the advent
of the Congressional Investigating Committee
in this city, Kellogg indicated an absorbing
desire that the election of 1872 should be
made special feature of the committees
inquiry, asserting that he was willing, and
even anxious, to abide by any decision that
might be arrived at touching the legality Of
his claim to the Office which he now fills.
To illustrats the earnestness with which he
urged this, it is but necessary to refer to his
communication which was read before the
committee by Judge Dibble last Saturday
evening, and wherin occurs the following:
Believing that the committee of which you
form part has the confidence of the country,
!, speaking for myself, will gladly abide by
its decision, If it can consistently 60 into this
much disputed question of the election of
believed to be available
The committee, although not delegated to
inquire into this election, were favorably
impressed by this apparently fair proposition,
and imagined there was thus opened an OPP
portunity Of settling the very aggravating
question, if the McEnery side could be
brought to enter upon similar compact.
Thereupon the committee addressed COM
munication to Gov. McEnery setting forth the
proposition submitted by Kellogg, and in
curing if he (McEnery) and his associates
were equally willing to abide the de-
cision of the committee if the election of
1872 was investigated and decided upon by
them. This elected the following response:
ICopy.l
NEW ORLEANS, Jan. Sd, 1875.
Hon. Chas. Foster, Chairman Sub Committee Of
Congress:
Sr-Reposing perfect confidence in the
Judgment and impartiality of the committee
speedy solution of the difficulties which
have grown out Of the,election Of 1872, we
now propose to submit the whole question of
the result Of that election to your committee
(the Sub Committee Of Three) for final deter
mination.
We make this submission in the interest of
peace and good government and feel sincerely
anxious that you should undertake the inves-
hgation and determine the matter before
leaving the State. go
Very respectfully, etc.,
JoKN MCENERY.
D. B. PENN
JAMES GRAHAM.
H. N. OGDEN.
RoBT NJ. LUsHER
Having received these assurances the COM
mittee drew up the following and submitted
it to the parties concerned
NEW ORLEANS, Jan. 6, 1875.
To Messrs. W. P. Kellogg, Acting Governor; G.
q. Antoine, Acting Lieutenant Governor
John McEnery, claiming the right to act as
Governor; D. B. Penn. claiming the right to
act as Lieutenant Governor OF Louisiana:
Conference.-The committee acknowledges re-
ceipt of propositions, either written or oral,
happy condition of affairs in your State to
leave to the decision and arbitration the settle
ment of your various claims.
The committee have about closed an inves-
tigation made as thoroughly as their limited
time would permit, and are unwilling to re-
tura here to embark upon thu fresh task
which your confidence would throw upon
them, unless certainly assured that their de-
cision, whatever it might be, would be ac-
guessed in by each Of you, and by each and
all of you accepted as final declaration of
your rights.
Under these circumstances. before further
considering your proposition, we desire to
know, Will you, William P. kellogg, if the
committee decide that you were not elected
Governor, resign your Office and refuse to
assume it except upon the returns Of popu-
lar electionw
"Will you, G. G. Antoine, if the committee
decide that you were not elected Lieutenant
Governor, resign your Office, and refuse to as
sumo it except upon the returns Of a popular
election?"
Will you, John McEnery, if the committee
decide that you were not elected Governor
withdraw all claims to the Office, and waive all
rights which you think you acquired by the
election Of 1872 ?"
"Will you, d. B. Penn, if the committee
decide that you were not elected Lieutenant
Governor, withdraw all claim to the Office
and waive all rights which you think you &C
quired by the election of 1872
Per contra, will each of you accept or retain
any Office to which the committee shall de-
eide you were elected, so far as such accept
ance or retention can be legally accomplished?
Respectfully, your obedient servant,
CHARLES FOSTER, Chairman.
Here are given the replies Of Messrs. Nc
Emery and Penn:
[Copy.]
NEW ORLEANS, Jan. 6, 1876.
Hon. Chas. Foster, Chairman Sub Committee Of
Congress:
Sir-Your communication Of January 9Th,
1875, is just received. To the first interroga-
tory. which is in the following words:
"Will you, John McEnery, if the commit
tee decide that you were not elected Cover
nor, withdraw all claim to the Office and
waive all rights which you think you acquired
by the election of 1922"
answer distinctly, yes.
To the question: "WIll you accept or retain
any Office to which the committee shall de-
eide you were elected, SO far. as such accept