Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-04-20

vas LEL0AAALlA ~ lHG 1N@AA0 ~ y III
was known as the Lynch board. The for
mer obtained the returns and was about "a
proceed to canvass them, when kellogg
filed a bill against its members and others
in the United States Circuit Court for the
District Of Louisiana, charging WarmOth
and his c~0nfederates with plans to deprive
persons Of their right to vote in cOnse-
quence oftheir race, color and previous
condition of servitude, and with carrying
out these plans by refusing registration to
large number. This allegation was in
trOduced in order to give the court a pre-
tence Of jurisdiction, but no relief what
ever was prayed for which could be re-
ferred to it, and it cannot, therefore, be
regarded as anything more than apretence.
The relief the bill prayed for was the pro-
ductiOn of sworn copies Of the returns in
possession of the WarmOth board, in order
that the evidences Of the election might
not be lost by the fraudulent destruction
Of the returns. Upon this bill, however,
upon an eI pdrte motion, Judge Z. II. Du-
rell, the United States District Judge, pro
ceeded to issue an injunction, which as
sumed to decide the Lynch board to be the
lawful Returning Board; commanded the
Warmoth board not TO meet and act to-
gether as such, and enjoined McEnery from
in any manner acting or pretending to act
as Governor Of the State of Louisiana, and
from making any ~pretensions or asserting
any claim TO the ofioe Of Governor of said
State by virtue of any certificate,
count, canvass OF adjudication now or here
after made7 by the Warmoth board. That
a Federal judge should have assum-
Ell to act at all upon such a bill, would be
thought in ordinary times sufficiently
alarming, but that he should issue an in
junction restraining persons claiming to be
State officers, and recognized by the Gov
ernor Of the State, from performing the
duties Of the Office, without even the de-
cent pretext Of having in proper form been
requested 10 do so, is simply astounding.
The date Ofthis order was Nov. l6, 1872,
and the injunction wa served by the
United States Marshal on the next day
Sunday. Three days later the Legisla-
tUre Of the State took the matter in hand,
and Tassed an act repeating ali laws under
which the W. contesting boards claimed
a right to act. Following this Immediately
one of the State courts, on a bill filled for
the purpose, enioined the Lynch board
from acting, and a new board under the
Governors lead proceeded to canvass HE
returns and declare the McEneTy ticket
ClCLlCus NtllE VI NUEeE laELS 6EEAl % lave
operated to the diScOuracement Of the
Lynch board, who, on the sixth day Of De-
cember, proceeded to declare the kellogg
ticket elected. \ committee Of the United
States Senate, which afterwards examined
the subject, seems to have thought that the
difficulties in the way Of a canvass by the
Lynch board, were quite too serious for
men of reasonable discretion to encounter;
for, first, if they had ever held Office, they
were legislated out; second, if they were in
office, they were eDiOined from acting; and,
third, if they were permitted TO act, they
had no returns to canvass. These, how
ever, seemed to have proved insignificant
obstacles to persons who probably knew
that in support Of anything they might do
"decrees and mandates" were to be had, |
and the aid Of "all necessary troops" Their
adjudication embraced the cases Of Cover
nor, Lieutenant Governor, Auditor, AttOr-
ley General, Secretary Of State and Super
inteudent of Public Instruction, together
with the members of the Legislature; and
could have been based upon nothing more
authentic than public rumor and the re-
ports in the newspapers. In fact, the MEM
beTs Of this @BOard' canvassed only their
own preferences, and having no votes to
count, simply counted in their friends.
The canvass by the new board and its
result were proclaimed by the Governor,
Dec. (. 1872 TIE next night Judge Du-
rel, IS the Senate committee say, "Out of
20 ut, atbis house, late at night, without
application 5y any party made an order
(which is without parallel, and it is hoped
will remain 50 in judicial proceedings"
This order, which is entitled in KellOgg's
case, recites the Injunction or restraining
order, and the Governors proclamation, and
then proceeds:
Now Their fore. in order to prevent the fur
ther obstruction II the proceedings in this case,
and further TO prevent q violation Of the orders
Of this cOu.t {, 20 the inmiLent danger Of disturb
Iug the public peace il is hereby ordered that
the Marshal OF the United States for the District
OF Louisiana Eh1uJOTthucttb take possession Of the
building Eg0J-1 as TIE NscbGEic'g Institute, and
0ccuUirF as ne StEts House for the assembling Of
The Legislature therein, "a The ay Of NsW Or
Lc1Hsr aud hold The sgEls SUBJECT to the further Or
dsTCf his court, and meanwhile 10 prevent all
unlawful assemblage therein under the guiSe or
preJeNt OF authority Claimed uy virtue OF pre-
tended canvass and returns made by said pre-
returning officers, in contempt and VIC
lati0u Of said restraining order but & e MarEhal
is directed 90 allow the iugreSs and egress % and
from tie public office IN said building, Of persons
% the same. f., Il DURRLL-
4 Sale House 10 be seized and held sub
iect to the order Of an inferior Federal
judge, If any act could be supposed toe
TO be attempted, this seizure
certainly be such an act. A judge
who thus, without authority, and without
observing even the prOprieties Of form, as
sumes TO direct the invasion of another
jurisdiction, and to seize upon the building
where the representatives of its sovereignty
meet, and having thus installed himself in
position of dictator, aGHdges without right
and without hearing, what is and what is
not lawful authority under the State cleo
laws, must surely, it would seem, find
his pretended authority treated with
contempt by all ministerial officers,
and himself dealt with severely
and promptly for his great wrong to free
government. Not so, The shameful his
tory is too familiar to be reproduced in its
details further. a State government was
set up under this midnight order by the aid
Of military force, and in q single day il had
no difficulty in impeaching and removing
one Governor and installing another suited
to and ready to cooperate in its purposes.
True, the constitution Of the State, as well 7
its statutes, recognized the right Of an
accused party TO be heard in his defense,
but of Whist force could constitution or
statutes be in a state-hOuse held Subject
to the order Of a judge who did not recOg-
lllLE llGlus supporter Nv NAOOpo A1cNluNLGA
to obey his "decreeS and mandates? '
McEuery, thus excluded from office by
Federal power and Federal military force,
in a manner that superseded all the usual
methods of trying civil rights, appealed 20
the President, and begged him .in the
name Of all Justice to suspend recognition"
either Of the cOntesting claimants to the
government until both sides could have an
opportunity to be heard, and announced to
him "a committee Of many of our best
citizens on eve of departure for Washing
tom to lay the facts before him. The an
swer Of the Attorney General 10 this appeal
is here given, and is q model Of its kind.
The law shears before it condemns and pro-
caeds upon inquiry but in the depart
ment Of Justice, - which apparently knows
the true prince by instinct, suggestions Of
such weakness are put aside with calm
serenity.
DEPARTMENT OF JUSTICE, Dec. Il, 1sI2.-
Hon. JONI MCENEEY, New Orleans, La: Your
visit with a hundred citizens viii be uuayailing
So far as the President Is concerned. HIS de
asi0a IS made and wiH rot Be changed, and the
sooner it Is argu esctd in. the sooner good order
and peace viii De restored.
..GEO. II. WILLIAMS, Attorney General
On Tie next day, the officer COM
mandiug the military forces al New
1890