The New York herald., 1876-01-24

OF UNITED STATES TROOPS IN THE SOUTH
The question OF the Louisiana Senatorship will prob
ably up before the Senate in shape in which 1t
may be decided at least that the State shall have two
Senator's For three years IL has had but one, Mr.
Pinchback having been all that time cooling his heels
In the waiting room Mr.. Eustis, who has just been
elected appears the choice made In strict accord
with the law of Legislature whose right to sit
neither party in Louisiana here disputes If the
Senate rejects Pinchback it must admit Eustis, II
would seem. Pinchback sent to the Senate by
Legislature constituted, as committee OF the United
States Senate reported, by fraud and violence The
conservatives claimed in 1872 to have carried the State
and to have eeceda majority Of the General Assem-
bly, To oppose their possession the republican side
four persons constituting what known IS the Lynch
Returning Board, improvised a set OF election
turns--not having single scrap Of an official return
from any precinct In the Stateshowing the election of
Kellogg and his ticket and large majority Of republican
members Of the General Assembly In the meantime
Kellogg went before Judge Dure and under cover of
order in chancery to perpetuate testimony in suit
which he swore that he intended to bring but which
he has never brought obtained q decision declaring
the Lynch Board to DO the legal board, and Antoine
colored candidate for Lieutenant Governor procured
from the judge injunction restraining all per-
sons not declared elected by the Lynch Board
nom acting members Of the Legislature In
order to make these proceedings effective Dure issued
his notorious midnight order" directing the United
States Marshal TO seize the State House. and that on
ca supported by United States troops and furnished
with list Of the members who to constitute the
Kellogg Legislature did accordingly take possession OF
the State House and proceeded as instructed, TO en-
panel Legislature. The body thus constituted i'm
peached Governor warmoth and installed Pnchback
in his place. and at subsequent period elected that
49, fenC hv nd
ration OF Kellogg's term.
During that winter the Louisiana case brought
before the Senate and referred to the Committee
Privileges and Elections, OF which Mr. Morton
was the chairman and OF which Messrs
Logan, Anthony, Carpenter, Hill, Trumbull
and Alcorn the other members
The majority of that committee composed of Messrs.
Carpenter Anthony Logan and Alcorn their report
to the Senate refer the following terms to Judge
Durell's conduct in issuing the midnight order':-
1t is impossible conceive OF irregular. ile-
gal and in every way nexcusable act on the part OF
Judge Conccding the power OF the Court to make
such an order, the Judge out OF Court had no more
authority TO make II than had the Marshal II has not
the form of judicial process II was not sealed
nor II signed by the Clerk and bad no more legal
effect than an order issued by any private citizen.
And concerning the restraining directed against
the members of the General Assembly the report
says
injunction, issued for purpose under heaven
cept control the organization OF the Legislature and
compel the seating of those members who had been
returned and certifed by the Lynch Board and
clude those who had been certified by the De Feriet
Board When we consider that the act OF Congress
under which this proceeding was Instituted by express
words excludes members OF the State Legislature from
the right 10 maintain any proceedings in federal
court TO obtain their seats, even they have been
defeated and deprived of their rights because citizens
have denied the right TO vote account OF
color or previous condition OF servude and that the
Gfafa MI nd
the unlawful and void order OF Judge Durell
herenbefore set FORTH which order commanded the Mar
shal prevent all unlawful assembage therein under
guise pretcxt OF authority claimed by virtue of
pretended and made by the sad DeFere
Board we comprehend the full force and effect OF
the additional restraining orders in the Antoine case
Referring to the Lynch Board, the report says
There is nothing all the comedy OF blunders and
frauds under consideration ndeensibe than the
pretended canvass OF this board
Mr Trumbul, OF the committee, in his report
said
The history Of the world does not furnish q
palpable instance Of usurpaton than that oy which
Pinchback made Governor and the persons
iurnsa oy ns This pTetcaSed LeYsaSIs %
stalled In power by the aid OF the United States Army
in pursuance Of void order OF United States Dis
trct Judge. proceeded TO elect John Ray land after
ward Pnchback to represent the State Of Louisiana in
the Senate Of the United States.
Mr. Joshua Hill OF the committee refers as fol-
lows to Judge Durei's orders and the consequences
flowing from them
What boots II to rebuke the illegal and tyrannical
assumptions OF judge If his orders and decrecs
have all the effect he designed 10 give themf OF what
consequence Is that hs violations Of law should be
though be had not exceeded Jurisdiction and abused
the authority OF his oticei
And finally Senator Morton, no less emphatcaly
than his colleagues the committee, thus condemns
the conduct ofJudge Durell leaving 10 doub,
that in his mind tho pretended Legislature organized
Iff. hat,
existence
The conduct OF Judge Durcl, sitting in the Circuit
Court OF the United states justified or de.
Tended He grossly exceeded his Jurisdiction and as
sumed the exercise OF powers 10 which he could lay
claim But the pretence that In suit 70
perpetuate testimony the Court could 60 be-
decide who constituted the legal ,I'''u Return NJ
ing Board under the laws OF Louisiana, and
enforce the rights Of such might determine to
be members Of that board. and 10 enjon others who
were not is without any foundation In law or logic In
the Antoine case Judge Durell not only assumed 10
determine who constituted the legal Returning Board
but 70 prescribe who should be permitted take part
In the organlzaton OF the Legislature, and to enoin
all persons from taking part in such organization who
we're returned by the Lynch Board as elected
And this assumption OF jurisdiction made In the
face Of the express provision in the act OF 1870 that
benefits should extend 70 candidates for electors
for Congress or for the State legislature His order in
the Kellogg case TO the United States Marshal to
possession Of the State House for the purpose OF
/ preventing unlawful assemblages under which the
Marshal called TO his aid portion Of the army of the
United States as posse coDitats can ouy be charac
tcrized as gross usurpatlon.
Thus will be seen that every member Of the Sen
ate Committee stgmatzed the pretended Legislature
which elected Pinchback 'sunlawful assemblage
having authority in ITSELF and brought exist
enco by fraud and violence, BY illegal orders and de-
crees By gross usurpatons OF power and BY dagrant
violations OF the laws Of the State and OF the United
States"
This the why the Senate has long refused
TO admit Pinchback. formal report Of Senate COM
mit,ee, OF which Senator Norton chairman, con-
demned his election void Hitherto has ap-
peared with certificate OF election from an acknowI
edged Legislature assert claim to the vacant scat
Mr. Mcmillan brought credentials from Mr.. hcEnery,
pretending 10 be Governor and on the face OF these
credentials he was rejected for congsesa does rec
oenze Mcgnery as Governor. But the appearance Of
! Mr. Eustis pat aRerent face on tho matter He IL