The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-05-18
THE LEGAL ASPECTS OF THE
LOUISIANA CASE.


United States took what. in some respec
was q new departure in free governmel
Whittier does it lead us? Perhaps . consi
GRAFTON of the case of one State. If it sh
fail to answer for us this question, will
least furnish rs occasion for serious rehe
ton.
The State of Louisiana was admitted
representation in Congress by an act OF tn
body passed June Is, 1868. The sole como
ton imposed by the act was that the Sta
should ratify the fourteenth amendment
the Federal Constitution, and this was cor
piled with July 8, 1865 On tie thlrteent
day of the same month military rule VI
Withdrawn from the State, in full recognitlo
that the State had complied with all the n
quirements TO complete restoration to II
rights as o sovereign State in the Union. u
November of that year it's vote for Horatl
Seymour for President was received AM
counted by vote of the two houses OF Con
press. It's State officers elected 10 that yea
took possession and held their offices for tn
regular term, and an election tor Representa-
tives and for one State officer took place IL
1870. and the latter was installed In office
and held for the constitutional period
new election took place in November, 1872
It the same time with the choice of Presiden
tial electors.
State elections, which involve q possible
change in the whole personnel of the execu
tive department and the whole of one house
of the Legislature, are likely to bring out 9
good deal Of earnestness of feeling, and il
I. the election promises to be close, are usually
attended with more or less excitement, which
in some countries might threaten danger.
Especially is this the case if q Presidential
result OF which may possibly be deter.
mined by the vote OF q single State. But
the training of our people in reverence for
law, and the high regard for the sacred right
to free expression of public sentiment at
the polls, are usually relied upon with entire
confidence to carry us with safety and with
out serious instances of unfairness through
al such periods of earnest interest and ex-
element We are not aware that by the pub
lie at large anything different was looked for
- likely to result from the election in Lou
isiana in 1872
That peaceful anticipations were not in
dulged in all quarters, however, is evidenced
by the following order transmitted from
Washington by telegraph, and BY the events
which followed, showing that it had reference
to this election:
"DEpARrMENT OF JUSTICE, Dec. 8, 1872
as. B. Packard. Esq, United States Marshal,
New Orleans, La.
"You are to enforce the DEGREES and man
dates OF the Ou1I0u Ot4too COutt6, uo matt0I
by whom resisted, and Gen. Emory will fur
nish you with ell necessary troops for that
purpose. GEO. 81. WILLIAMS,
Attorney General"
On the face of this order there is nothing
to indicate that it was anything more than
an ordinary direction to ministerial officer
to take care that the process lawfully issued
to him is lawfully executed and obeyed. To
the general public it would have conveyed no |
intimation that revolutionary proceedings |
were contemplated or feared, and the only |
wonder would have been that the Attorney |
General should deem it necessary to speak OF |
troops in connection with the service Of Judi |
cial process, when the public could have no |
reason to suppose or suspect that anything
but peaceful obedience would be shown when /
lawful process was exhibited. As, however,
the order was unusual, and it was communi-
Gated in q method not we'll suited to convey
official directions, and not usually resorted to
except in cases Of urgency, it is reasonable to
suppose that it must have had reference to
process which the Attorney General had
cause to believe was to be issued, and which
{ might be anticipated would be opposed by
orce too great to overcome by the arm of the
'ivil authority. What was this anticipated
,roces.?
At the election in the preceding month,
ohm McEnery and W. p Kellogg headed, re-
pectively, the tickets supported by the op-
losing parties, as their candidates for Gov
rnor. The former represented what was 8
allied the Conservative, and the latter what
laimed to be the Republican party. The Z
,rmer had the support of Gov. Warmoth, the !
,cumbent. In consequence Of proceedings, O
hich 1t is not necessary here to particular g
70, two sets of persons after the election
aimed to be the lawful Returning Board,
npowered to receive returns from the local q
ection boards, snd canvass and declare the 9
suit One of these was called the War. D
10Th Board, and was recognized by the Gov e
nor; the other was known as the Lynch O
GARD. The former obtained the returns, and O.
as about to proceed to canvass them, when g,
ellogg Iled bill against its members and o.
hers, in the United States Circuit Court for j
70 District of Louisiana, charging Warmoth Ii
I'd his confederates with plans to deprive g,
srsons Of their right to vote in conse- tc
lence of their race. color and previous con- 81
ton OF servitude, and with carrying out b,
ESQ plans by refusing registration to large ia
timber. This allegation was introduced in n,
der to give the court a pretense of jurisdic- 70
N, but no relief whatever was prayed for pt
lich could be referred to it, and it can not, m
erefore, be regarded as anything more than eli
,retense. The relief the bill prayed for at
8 the production of sworn copies of the re- DC
rms in possession of the Warmoth board, in to
Ter that the evidences of the election might wi
be lost by the fraudulent destruction of he
, returns. Upon this bill however, upon stt
er parse motion, Judge E. II. Durell, the an
ited States District Judge, proceeded to DO
ne an injunction, which assumed to decide sta
Lynch Board to be the lawful Returning as
ard: commanded the Warmoth Board not an
meet and act together as such, and enjoined tn,
Emery from ''in any manner acting or pre- jul
ding to act as Governor Of the State of be-
uisians, and from making any pretensions .
asserting any claim to the Office Of Gov GO
lor of said State by virtue of any certificate, ito
INT canvass, or adjudication now or here ter
~ made by the Warmosh Board. That a VIII
deral judge should have assumed to act at his
upon such bill, would be thought in or me
ary times sufficiently alarming, but that Re
should issue an injunction restraining per- vas
Is claiming to be State officers, and recop- ord
ed by the Governor of the State, from per- in
ming the duties of the Office, without even un
decent pretext Of having in proper form cos
q requested to do SO, is simply astounding. thi
he date Of this order was November 1S mil
9, and the injunction was served bv the ara