The daily Argus. (Rock Island, Ill.) 1873-1877, 1877-01-02
OH 9ailg Argas,



ROCK ISLAND, .......... ILLINOIS.
Continued from second page)
sion that If the election held in November 1872 be
not Absolutely void for frauds committed therein,
McEnery and his associates ia state Offices and the
persons certified members of the legislature by
the De Ferret board ought to be recognized as the
legal government of the state.
MIR. MORTON.
in his separate report said:
The conduct of Judge Durell, sitting in the cir
cult court of the United States cannot be justified
or defended. He grossly exceeded his jurisdiction
and assumed the exercise of powers to which he
could lay no claim.
In the Antoine case Judge Durell not only assum
ed to determine who constituted the legal returning
board but 10 prescribe who should be permitted TO
take part in the organization of the legislature and
to enjon all persons from taking part III such or
ganization who were not returned by the Lynch
tion made in the face of the express provision
in the act of 1870 that its benefits should not extend
10 candidates for electors for congress- or for the
state Legislature His order issued In the kellogg
case TO the United States marshal take possession
of the state house for the purpose of preventing
unlawful assembages, under which the marshal
called to his aid portion OF the United States
posse comitqtas can only be characterized as
gross usurpation.
Two days previous to the illegal order
of Judge Durrell, and as if in anticipation
of it, the following
DISPATCH WAS sENTFRoa WASHINGTON:
DEPARTMENT OF JUSTICE, Dec. 8, 1s72-S B..
Packard, Esq, United States marshal, New Orleans
La: You are to enforce the decree and mandates
of the United States courts, no matter by whom re-
sisted, and Gen. Emory will furnish you with all
necessary troops for that purpose,
GEO. II. WILLIAMS, Attorney General.
This dispatch was not responsive TO any
II T. 81
resistance actual or threatened to the de-
crees of the United States courts. About
the same time Capt Jackson, of the United
States army, was ordered from Florida to
New Orleans, where he arrived between 9
and Ii o'clock Of the night of Dec. 5, and
at 2 o'clock on the morning of the 9th,
took possession of the state house, with d.
rections to hold it until the further order
of the court, as Judge Durell had directed.
Capt. jackson testified before the commit
tee that he was not stationed at the state
house to prevent riot, but to
HOLD THE BUILDING,
and that if riot had occurred in front of
the building he would not have interfered.
He posted two soldiers at the door of the
state-house, and suffered no one to enter
except by permission of the United States
marshal, one of whose deputies was at all
times present. Bearing IN mind that the
legislature was to convene Dec 9, and
that Judge Durell's order was issued tor
40 purpose under heaven except to con
troll the organization of the legislature and
compel the seating of chosen members who
had been returned and certified by the
| T IL lid oil hn haa
been certified to by the De Ferret board"
what followed will be best understood by
the following
OFFICIAL DISPATCHES:
| NEW ORLEANS Dec. 6, 1ST2-PREsIDENT GRANT
Marshal Packard took possession of the statehouse
this morning at an eally hour. with military posse
in obedience to mandate of circuit court. to pre-
vent illegal assemblage of persons under euise OF
| authority of Warmoths returning board in VIOLA
ton of injunction OF circuit court Decree OF court
just rendered declares Warmoth's returning board
illeA al and orders the returns of the stare to be
| forthwith placed before the legal board. This
board will probably soon declare the result Of tho
election of officers of state and legislature, which
will meet in siate-house for protection OF court
The decree was sweeping In its provisions. and Il
| enforced, will save the Republican majority ana
oiUe Louisiana Republican legislature and STAT,
Government, and check Warmoth in his usurpa
| tion@. Warmoth's Democratic supporters ale he
coming Disguised with him, and charging that hi,
JAMES G. CASEY.
NEW ORLEANS, Dec. 6, 1877. Atty. Gen. VIII
LIAMs, WASHINGTON, D. G.-Returning boart
Lynch), provided by election of 20, under whici
election was held, and which United States cour
sustains promulgated in official journal this morn
ing, result OF election of legislature House stand
II Republicans, 81 Democrats; senate, % Republi
cans, eight Democrats. Board counted ballots at
tached to af1davits of colored persons wrongful
prevented from voting filed with cl'ief supervisor
S. B. PACKARD, United 81 ates Marshal.
| NEW ORLEANS Dec. 9, 1s72.-Hon. GEO. IL. VIII
| Re
Iurni g board has officially promulgated in off
cial journal this morning. the result OF the cleo
ton for state officers. Keloggs majority, 1881
) B. PACKARD, United States Marshal.
NEW ORLEANS Dec. 9. 1872, Hon. GEO II. VIII
LIAMs, Attorney General: Gov. Warmoth has bee
impeached by vote OF s. to six WarmAth,s leg
4 isature, returned by his BOARD, mas maze no prt
S. B. PACKARD. United States Marshal.
t NEW ORLEANS, La Dec. 9, 1ST2,-Hon. Geo. I
williams, Attorney General: Senate by vote OF !
e to five have resolved into high court of imreact
y ment, Senator Harris elected pres dent of th
senate, Lieut.. G, v. Pinchbaek being now governo
5. B. PACKARD, United States Marshal.
NEW ORLEANS DecIt, 1872 Hon George H. vi
ams: If president will in some way lndicai
recognition Gov. Pinchbaek and legislature wonl
settle everything. Our friends here act ng di
creetly. W, +, KELLOGG
DEPA RTMENT OF JUSTICE, Dec. ID, 1s72.-Actin
Gov. P.ncnbat k, New Orleans, La: Let it be NJ
dersto,d that you are recogniz' ID by the presdei
a. the lawful executive of Louisiana. and that ID
body assembled at Mech anics' institute is III
lawful Legislature of the state, and II is suggcste
that you make proclamation to that effect. and ais
| that all necessary assistance will be given to yo
and the legislature herein recognized TO protect Il
state from disorder and violence.
GEO. II. WILLIAMS. Attorney General.
New ORLEANS Dec. IL. 1872 His Excellenc
U s Grant. pr sident United States: Claiming
be governor elect of this state, beg you, Ia Il
name OF all justice. to suspend recognition
either of the dual governments now in operate
here until there can be laid before You all fac
and both sides touching legitimacy Of either go
eminent The people, denying the legitimacy
simply ask to be heard through a committee
many of our beet citizens on eve of departure f
Washington, before yon recognize the one or Il
other Of the said governments. do not belieN
we will be condemned before VIC are full y heard.
JOHN McENERY.
NEW ORLEANS, Dec. IL 1972-His Exceenc
u S Grant president of the United S'ates-1Si
As chairman of a committee of citizens appoHte
under authority of mass-neeting recently held
this city, am instructed to inf you that sa
committee is about le.vlng here for Washington
lay before you and the congress of the Unit
States the facts of the political difficulties at pre-
ent existing in this state, and further earnestly
request yon to delay executive action in the PREF
Uses until after the ARRIVAL and hear ng OF said cor
mittee. which is composed of bus ness and profe
sional men, without regard TO past polftlc
affiliations. THOMAS A. ADAMS,
Chairman.
DEPARTMENT OF JUSTICE, Dee. 49, 1S72-Ho
JOHN MCENERY. New Orleans, La: Your Wis
with a hundred citizens will be unavaling. so f
as the president is concerned His decision
made and will not be changed, and the SCORER it
acquesced in the sooner good order and peacs VI
be restored. GEO. IL. WILLIAMS.
Attorney General.
= WASHINGTON, Dec IA, 1972.-Gen. W, Il. Emo
U. s. A, commanding at New Orleans La: "
may use all necessary force to preserve the peae
and viii recognizn the authority Of Gov. Pine
back By order of the president.
Z. d. TOWNSEND, Adjutant General.
To be Continued
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