The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1876-11-25

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and proceeded 20 count the ballots
which alVay- remained in possession Of
lh- other and legal Board II vas this
count ~ ballots. which the canyassers
never saw. which declared William Pitt
kellogg Governor of Louisiana. And it
is this slne Governor who Is now pre-
fuing. there is every reason to be-
lieye, to Use the sane machinery 10
count in Rutherford b. Hayes Ia
is12, iu.t after the election Kellogg
filed D complaint before Judge Durell
that 1000 persons bad Lcen denied
registration that from 5000 to 5000
blacks bad been deprived Of the right
to vote. that ballots enough 70 elect.
him bad not been counted that the
returns were about II be DESTROYED, etc.
etc. purcll, Who goes down 10 history
as 'thc drunken Judge, declared the
kellogg Board legal, and erioined Mr.
MrEncry from making amy claim 10 the
office Of Governor Warmoth. checked
this movement by approving a Iaw
which had been passed at the last sc.-
sion of the Legislature. but not yet act
ed oi', abolishiug all existing boards Of
cauyasscr. aud authorizing the Govern
or 60 appoint uesy one lis approved
ihe law, and appointed a Returning
Board This, under the constitution OF
Louisisna, be could legally do. This
Returning Board canyassed the votes
actually cas-. and declared McEuery
elected Governor
This was supposed to be the end Of
the matter, but the same night though
no application for troops had been
made. Attorney General Williams tele.
sraphed to Marshal Packard that he
vas 10 enforce the DEGREES Of the Uni
ted States Courts, and that General
Emory would furnish ALI necessary
troops for That purpose The same Of
Gcial, hy order Of the President. had re-
fused troops a few months before, whea
they were called for Icy the Governor
and Legislature. Qqrell's midnight
order was now issued ordering the
Marshall 60 take possession Of the
State House, and prevent the as.cm-
hlsge Of the McEuery Legislature
Packard, sud other Kellogg officials, in
Guiding the atters own counsel, after
ward testified that this was issued by
Durell on his motion and without az.
phcation
OF this order and the Others, Seua.
tors Carpenter, Anthony. Logan and
Alccrn. all Republicans said in their
report Viewed in any light, the order
and iniunctions made and granted by
judge Durell. in this cause. are most
rePrchens,tlY erroneous ia point OF law.
aud are wholly void for want Of iuris
dictiou and your committee must ex-
press their sorrow and humiliation that
Judge Of the limited States wcnld
have proceeded in such fagrant disre-
gard Of his duty, and have 80 far over
stepped the Limits OF Federal jurisdic.
tien."
Under DureIlss sStdcr the Kellogg
Returning Board sdechred Kellogg
majority to be lS.s6i This extract,
from the testimony betFe the Senate
CSpmittee, shows how this accurate
majority was oEtaiped- Mr. Lynch,
was rNember Of the kellogg Board
which eaz called the Lynch Board
atteg hinl
Mr. Lynch--We took all the eyi-
,ietce we bad before Us. and on knowl-
edge Of the parishes and their political
complexion. and ihen We decided
Senator Carpenter--Yuu estimated It,
then, upon the basis OF what you
thought the vote ough; 10 have been
Mr. Lyuch-Ies, sir that was Just
the TACT. and think on the whole We
were pretty correct
The evidence was afterwards found
70 consist Of newspaper articles, letters
and several thousand aflldavits. diseoY-
cred TO have been all forged, by ne
groes, that they had been deprived OF
the right to vote This board, which
declared Kelloggs majority 10 be u.
sol, never had an official return before
it. and this pretended accuracy was
sheer, impudent falsehood. Both legs
latures organized. and John McRnery
and one hundred of the wealthiest citi-
zens telegraphed TO Washington that
they were about to come North 20 Law
their case before the President. and
prayed him no, TO recognize either
goyeFnmsnt until he had heard them.
Williams, the Attorney General, sent
an insalent reply that the visit would
be "unavaiIinri" that "the PRESIDENT
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. Aleorn and Anthony, con
claded As follows
1T is the opinion OF your committee
that, but for the unjustiiable interior
enee of Judge Dnreil. whose orders were
executed by the United States troops,
tho canvass made by the De Ferret
Board. and promulgated by the Gov.
ernot. declaring McEnery 10 have been
elected Governor. aud also declaring
Yho had been elected 10 the Legisla-
ture, would have been acquiesced 10 bg
the people, and that government would
have entered quietly upon the exercise
of the sovereign power Of State.
We have already seen that the proceed
ings Of that Board (the KELLOGG Re-
turning Board) cannot be sustained
without disregarding all the principles
Of Law applicable 90 the subject, and ip-
noring the distinction between good
faith and fraud Considering
all the facts established before your
committee. there seems no sseape from
the alternative that the NeEnery GOV
eminent must be recognized by Con.
gress, OF Congress must provide for a
new election"
The Senate, however. was still too
much under the influence of prcsideIk
Grant TO carry out the recommends
tons. though they came from some Of
his warncst friends The Kellogg gov
eminent was recognized. and tho CROWN