Saint Mary's beacon., 1876-11-30

{ Livery 1ufeiilgenf ciflzen knows that
the legal government IN Louisiana was
counted out BY fraud four years ago
No fair-minded Republican attempts to
deny the fact, in face Of the refusal Of
the United States States Senate to ad-
init any Of Kellogg Senators to seats.
But IN four years the popular recollec-
tion Of these events has grown some
what dim, and brief outline Of them
will give our people clear idea Of the
outline of the outrage, which, there are
too many reasons to fear, viii be at
tempted again, in order to deprive Gov
ernor Tiiden of the position to which
he has been legally elected.
The Returning Board, Of Infamous
memory. was composed of the Govern
or, the Liestenant-G Governor, the Secre-
tary of State, and two Senators. In
1872. two of these officials, having been
removed by the Governor, formed Re-
turning Board Of themselves, filled va
eancics, and proceeded to count the
ballots, which always remained in pos
session of the other and legal Board
II was this count Of ballots, which the
canvassers never saw, which declared
William Pitt Kellogg Governor of Lou
isiana. And it is this same Governor
who Is now preparing, there is every
reason to believe, to use the same ma
chinery to count in Rutherford b.
Hayes! In 1872 just after the cleo
ton, Kellogg filed a, complaint before
Judge Durell that 10000 persons had
been denied registration that from
1900 to 5000 blacks had been deprived
of the right to vote, that ballots enough
to elect him had not been counted: that
the returns were about to be DESTROYED
sc. Durrell. who goes down to histo-
ry as ''the drunken judge" declared
the Kellogg Board legal, and enjoined
Mr.. McEnery from making any claim
to the office OF Governor. Warmoth
checked this movement by approving a
law passed at the last session OF the
Legislature, but not yet acted on, abol-
ishing all existing Boards of Canvassers
and authorizing the Governor to ap-
point new one. He approved the law
and appointed Returning Board. This,
under the Constitution of Louisiana. he
could legally do. The Returning Board
canvassed the votes actually cast, and
declared McEnery elected Governor.
This was supposed to be the end Of
the matter; but the same night, though
no application for troops had been made,
Acknowledgement Williams tclegraphed
to Marshal Packard that he was to en-
force the decrees of the United States
Court, and that General Emory would
furnish "all necessary troops for that
purpose" The same official, by order
of the President, had refused troops a
few months ago, when they were called
for bv the Governor and the Legi>la-
ture. Durclrs midnight order" was
now issued, ordering the Marshal to
take possession of the State House, and
prevent the assembling of the Meme
nv Legislature. Packard, and other
Kellogg officials, including the latter's
own counsel, afterward testified that
this was issued bv Durell on his motion
and without application.
OF this order and others, Senators
Carpenter, Anthony, Logan and Alcorn,
all Republicans, said, in their report :
Viewed in any light, the order and in
functions made and granted by Judge
Durrell in this cause, are most repre-
hensihly erroneous in point Of law, and
are wholly void, for want of juris-
diction; and your committee must ex-
press their sorrow and humiliation that
a Judge OF the United States would have
proceeded in such fragrant disregard
Of his duty, and have SO far ovcrstepped
the limits of Federal jurisdiction"
Under Durrelrs order the Kellogg
Returning Board declared Kellogg's ma
iority to be 1851. This extract from
the testimony before the Senate Conn
mittee, shows how this accurate major
ity was obtained-T Mr.. Lynch was
member of the Kellogg Board, which
was called the Lynch Board, after him |:
Mr.. LYscH.-We took all the evil
dence we had before us: and on knowl-
edge of the parishes and their political
complexion, and then we decided.
Senator CARpENrER.-You estima-
ted it, then, upon the basis of what you
thought the vote ought to have been:
Mr.. LYNcH.-Yes, sir; that was just
the fact; and think, on the whole we
were pretty correct.
The "eyidence" was afterwards found
to consist Of newspaper articles, letters
and several thousand afidavits (discov-
cred to have been fcrged) by negroes,
that they had been deprived of,he right
to vote. This Board, which declared
Kellogg's majority TO be 1881, never
had an official return before it, and this
pretended accuracy was sheer, impu-
dent falsehood. Both Legislatures or
ganized, and John McEnery and one
hundred of the wealthiest citizens tele-
graphed to Washington that they were
about to come North to Law their case
before the President, and prayed him
not 10 recognize either government
until he had heard them. Williams,
the Attorney General, sent On insolent
reply that the visit would be ''unavail-
ing" that "the Presidents decision is
made, and will not be changed"
The Senate investigation followed,
and the report of the majority OF the
committee, signed by Senators Carpen-
ter, Logan, Alcorn and Anthony. con-
cluded as follows:
at is the opinion Of your committee
that, but for the unjusti6able i:-terfer-
ence of Judge Durrell. whose orders
were executed hy the United States