Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1876-12-07
5ftisGellaneu11s &eaaiua,
THE LOUISIANA AFFAIR OF 1872.

We reprint from the Charleston News and
Courier, the following in regard to the Louisi-
ana troubles of 1872, which possess peculiar
interest to our people at this time: !.
The election in, Louisiana in 1872 wa, q
contest between William P. Kellogg, the
nominee Of the Regular Republican party,
aud McEnery, who was supported by the
Democrats and a wing Of the Republican par
ty, or what was known as the "Fusion Tick
ct" The election gave McEnery large ma
iority at the, polls. 'Warmoth, then Cover
nor Of the State, supported the Fusion ticket.
The Returning Board (whose powers we're so
enormous as to enable them to control the re-
suit of the election) at that time consisted of
thee Governor, Lieutenant-G Governor, Secretary
of State, and two other members chosen by
these men, and the Board had power to Gil
all vacancies. The members chosen we're
John Lynch and T. G. Anderson. The Gov
ernor removed Heron, the acting Secretary
of State, from his place, and appointed Whar-
ton in his stead. Pinchback, the Lieutenant
Governor, it was decided. could not act, and
F. w. Hatch was appointed in his place.
Anderson was also pronounced Ineligible on
the same ground, and his place filled by Da-
pante. Lynch refused to act with the Board
thus constituted, and Heron and himself
cHerron claiming that his removal was lille.
gall chose James Longstreet and Jacob Hawk
ins, thus forming another Returning Board.
The Warmoth Returning Board having the
power and the support of the people, Kellogg
brought suit by bill in Equity" in the
United States Circuit Court to enjoin the
Warmoth Board from canvassing the returns,
and from submitting them at all to Wharton,
Hatch and Daponte. Jud ge Durell issued q
Injunction for that purpose, and the
trial was appointed for the 25th Of November.
Meantime Governor Warmoth, claiming to
act under new act passed at the last session
of the Legislature appointed a new Return.
ing Board and declared the result of the cleo.
ton in accordance with its return. Durell,
upon the hearing of the case, had decided that
he had jurisdiction of the suit, and that the
Warmoth Returning Board was illegal, and
that the, board of Lynch, Heron, Hawkins
and Longstreet was the only legal board.
The day after the proclamation of Warmoth
declaring the election, Judge Durell issued an
order commanding the Marshal to take pos.
session of the State-house and to prevent any
assemblage of persons therein claiming to hold
Office under the canvass of the board appoint.
ed by Warmoth This was done by the Mar
shal with the troops of the United States, and
the final result, as is we'll known, was the pla-
cling in office of Kellogg and his packed Leg
islature. Words fail US to describe the ille-
gality and unjustifableness of this Infamous
action of Durells. Lest We shall be deemed
partisan, we will describe it in the words of a
Republican committee of Republican Con-
gress: s-.- - ~. -'.'.-F
"Viewed in any light in which your COM
mittee can consider them, the orders and in
functions made and granted by Judge Durell
in this cause are most reprehensible, erroneous
in point of law, and are wholly void for want
of Jurisdiction and your committee must ex-
press their sorrow and humiliation that a
Judge Of the United States should have pro-
ceeded in such fragrant disregard of his duty,
and have so far overstepped the limits Of Fed
eraljurisdiction. Report Of Senate Committee.
"And your committee cannot refrain from
expressing their astonishment that any Judge
of the United States should thus unwarranta.
bly, have interferred with State Government,
and have no language too strong to express
their condemnation of such proceeding. 1t
is the opinion of your committee that but for
the umustifable bleinterference Of Judge Durell,
whose orders where executed by the United
States troops, the canvass made by the De-
Feriet board and promulgated by the Cover
nor, declaring McEnery to have been elected
Governor, and also declaring who had been
elected to the Legislature, would have been
acquiesced in by the people, and that govern
ment would have entered quietly upon the ex-
ercise of the sovereign power of the State."-