\ LIBRARY OF CONGRESS mm 1 111 ill ill I III H II '•'' !■ 013 744 664 9 pH8^ E 668 Condition and Wants of the South— Political, .M83 Material, Legislative. Copy 1 SPEECH OF y HOK FRAI^K MOREY, OF LOUISIANA, HOUSE OF REPRESENTATIVES, JUNE 15, 1874. I WASHINGTON: GOVERNMENT PRINTING OFFICE, 1874. ^ SPEECH OF HON. EllANK MO KEY, On the political and material wants of the South, and the means of remedying them by k'gislatiou. Mr. MOREY. In speaking of the political condition of the South, Mr. Speaker, we must bear in mind that the Southern States have since the war had an experience unlike that which the northern jjor- tiou of our countiy has ever experienced. At the surrender of General Lee the people of the South found themselves the residents of a country nuide desolate by war. The exhaustive war had had a demoralizini^ ctlect upon the people, and at its close society was in a very disorgaized condition. Many who had never known the necessity of either mental or physical labor found themselves reduced to penury. As a general rule the confederate sol- diei's returned to their homes glad that the war was at an end, though the fond hopes which they cherished at the conimcncement of the struggle had been blasted and overthrown. The general sentiment among the soldiers was one of satisfaction upon learning that the General Government proposed that they should be allowed freely to engage in the ordinary occupations of life un- trammeled by any restrictions not imposed upon other people. The most violent manifestations of opposition to the General Government came from those who had not seen service in the field, but who as a class, at the breaking out of the war, were violently in favor thereof, jirovided that the fighting was to be performed by somebody else than themselves. True to their ideas they kept out of harm's way, and at ^ ' 1 J close of the war, fresh from their long repose, they were again found at the front ready and anxious to incite hostility of feeling against and lead a bloodless opposition to " the most despotic government that the world ever saw." The mass of the people, however, heeded not the advisers during the first year of peace, but set to work lio^ief ully and earnestly to retrieve their broken fortunes, and did not think that they were being dealt with otherwise than generously until President Johnson proclaimed a policy in hostility to that maintained by the majority in Congress and led the people of the South to believe that they were being deprived of their constitutional rights, &c. It is human nature to believe readily that you are being ill-treated if people insist that such is the case. This is as true of communities as of individuals. The non-combatants before referred to were eager and ready to take uj) the cry of "despotism," "unconstitutionality," &c., to enlarge thereon, and to influence the miiuls of the people and tlissatisfy them with the administration of the Government. I regret to say the seed thus sown fell iipon good gi'onnd. The result of the attempt by the southern planters to resuscitate them- selves fiuaucially in 1866 proved most disastrous, induciug a sentiment of despair, and in the case of many of desperation. Under the influ- ence of this state of feelings and the pernicious doctrine of the Presi- dent and the followers of his policy, the fourteenth amendment to the Constitution of the United States was rejected by the Legislatures of the Southern States in several cases with marked expressions of con- tempt. Encouraged by the attitude of the President, who bad arrayed him- self against Congress, the lawless element in the South indulged in lawlessness that found its outlet in most cases in outrages ujion the uuoliending negro, who was regarded as the cause of all the trouble. In New Orleans a riot was inaugurated that was participated in prin- cipally by the city police, in which a peaceable gathering of white and colored citizens, claiming to be a State constitutional convention, were fallen upon and many of whom were massacred in cold blood. Those who are not familiar with this page of modern history will find it recorded in a volume in the Library entitled Riots in New Or- leans in 1866. The following are some of the acts passed at this pe- riod of the history of the Southern States by the Legislatures or police juries thereof: MISSISSU'PI. An act to confer civil rights on freedmeii, and for other purposes, November 25, 1865. Section 7 p^o^^des that every civil officer shall, and every person may arrest and carry back to his or her legal employer any freedman, free negro, or mulatto who shall have quit the service of his or her employer before the ex])iration of his or her term of service without good cause ; and said officer or person shall be entitled to receive for arresting and carrying back every deserting employ6 aforesaid the sum of five dollars, and ten cents per mile from the place of arrest to the place of delivery, and the same shall be paid by the employer and held as a set-off against the wages of said deserting employ6. An act to ptinish certain offenses therein named, and for other purposes Novem- ber 29, 1865. Section 1. Be it enacted, dc., That no freedman, free ne";ro. or mulatto, not in the military service of the United States Government, ana not licensed to dose by the board of police of his or her county, shall keep or carry fire-arms of any kind, or any ammunition, dirk, or bowie-knife ; and on conviction tlicreof in the county court shall be punished by fine, not exceeding ten dollars, and pay the costs of such proceedings, and all such arms or ammunition shall lie forfeited to the informer ; and it shall he the duty of every civil and military officer to arrest any freedman, free negro, or mulatto found with any such arms or ammunition, and cause him to be committed for trial in default of bail. Sec. 2. Thatany freedman, free negro, or mulatto committing riots, routs, affrays, trespasses, malicious mischief, and cruel treatment to animals, seditious speeches, insulting gestiires, language, or acts, or assaults on any person, distiubance of the peace, exercising the JEunctions of a ministt'r of the Gospel without a license from some regularly organized church, vending spirituous or intoxicating liquors, or committing any other misdemeanor the punishment of which is not specifically provided for by law, shall, upon conviction thereof in the county coiut, be fined not less tliiin ten dollars, and not more than one hundred dollars, and may be imprisoned, at the discretion of the court, not exceeding thirty days. Sec. 3. That if any white person shall sell, lend, or give to any freedman, free negro, or mulatto, any fire-arms, dirk, or l)owie-knife, or ammunition, or spirituous or intoxicating liquors, such person or persons so offending, upon conviction thereof in the county court of his or her county, shall be fined not exceeding fifty dollars, and may be imprisoned, at the discretion of the comt, not exceeding thirty days. Sec. 4. That aU the penal and criminal laws now in force in this State defining offenses and prescribing the mode of punishment for crimes and misdemeanors committed by slaves, free negroes, or mulattoes, be, and the same are hereby, re- enacted, and declared to be in full force and efli'ect, against freedmen, free negroes, and mulattoes, except so far as the mode and manner of trial and punishment have been changed or altered by law. Sec. 5. That if anv freedman, free negro, or mulatto, convicted of any of the misdemeanors provided against in this act, shall fail or refuse, for the space of five days after conviction, to pay tl.o tine and conts 7>P"«f '^ «' ' l> ^,^«° .,^" ' '/ L^il^fl' out by the sheriff or other officer, at publu: outer,,, to anv white ye «"» ^ "« " '" pay said tine and all costs, and take siub couvict for the shortest tiiue. ALABAMA. December -m\ passed niakinR it nulawful for any frecdiuan, mulatto, or free Berson of color in this State to own tire-anns, or cariA- about his p.'rsou a pistol or otl^rdeadW we po^^^^ " under a penalty of a tine of «1U0 or nnprisoninent three uouthr Alio S for -any person to sell, give, or lend ti-e-anus or ammi uitiou of any .lesc. ipti^m whatever to any freedu.an free n.'po, or nnilatto uSapenaUyof not le.'s than tifly dollars nor u.orc than one hundred dollais at the discretion of the jury. TENNESSEE. amended cuustitutiou, rutitied February 'J2, im:>. LOUISIANA. iS^r^hI?^.?!^X^>^l^nadeorenticeaway,..e.U any person ^bo leaves bis or her e,n,n,,ye,^ ->^-;; -- t' ^ n . " hl^ t^ ihe^parish jail for not more than twelve months nor less than t*n daj s, or both, at the discretion of the coiut. GEOllGIA. March 20 -Crimes defined in certain sections named as felonies are i")"ce'^ ^«- & p^inishmonts may be ordered in the discretion of the judge. SOUTH CAROLINA. An act preUminary to the legislation Induced by the emancipation of slaves, Octo- berl9, 18b5. section .0 ™,ide. .Uat.per»n of c.,.„^^ E.ged in hu.Wmlrj .hall not !>»" 'J^.'^'^f '^S'S ot »nv lin.l anlmiJ «! ssrtC.rMri.rrs'Ui^^iS^St^ stfrs.ts;s^irtSr3^3 a»|£|e-«^^ is ordinarily used m hunting, but not a V ^tol, musket or o^ ^^ appropriate for purjioses of war. The ^'^trict jua e or a m gold, the pro- crier, under which any ^eapon nnWiil y ^ept i^^^^ ^^e^^ou in Vio- ?LTa!itsnci^aVorso'^^^^^^^ by corporeal punishment. i„„<,i,„ii Tv,; in possession or under control any bowie-knife, dirk, sword, fire-arms, or ammunition of any kind, unless by license of the county judge of probate, under a penalty of forfeiting them to the informer and of standing in the pillory one hour, or be whipped not exceeding thirty-nine stripes, or both, at the discretion of the jury. Section 15 provides thai persons forming a military organization not authorized by law, or aiding or abetting it, shall be fined not exceeding §1,000, and imprison- ment not cxcoeilms six months, ov l)i' i>nioii.-il for ono hour, uiu h.> \v1.1|M.ci1 not exceeding thirty-nine strii»'s, at tlio .tiscri'tion of tho jury. 1 ho i.e-nallios to l.n threofoki uirnn V>'rsous who acceptoa oltices iu siicli organizations. No. 35.— AnorOinauco rolativoto th.^'olicoof n»>;;ro.«s recently ouiancipatod within tho parisli of Saint Landry. Whereas it was formerly nia/ the pulin: ../»•;/ "./ Hu- pan,ih of Saint Landri,, That nono-ro shall be allowe.l to pass within the limits of said parish without a «pccwt ^ZutnZlthmirom his employer. Whoever shall v.o ate .^'« I"- ->;;"» ^"''"'^ pay a fine of I^.^O, or in default thereof shall be/onv;/ to un,k Jour dayi, on tUo Bublicroad or sufer corjiort-rtJ ^inii'.s/u/icn*, as provnled beieinattii. , f,.„,„ Sec «]il it further ordained. That every ne>rro who shall be f..iind absent from the resFdcncc/of lis ei iph.y.r after Wn o'clock at ni-ht, without a written j.erni.t from h s "mdoye^^^^^^^ pay a tine of ttvo d.dlars, or in default tluno sf,:dl bo COTip.lTe.l to work tiyo days'ou the public road, or suller corporeal piimshmeut, as ^^fv^Ufu'l^ll^r ordai,ied, That no noRi-o shall be permitted to rent or A-«^ a house witWns^id parish. Any ne^ro violatm^j this I'-'v.sion sha 1... >;>-";l;''t«l.V ejected and compelled to find an emplo.yer ; and ^^'7 1' 'r's ct , si d 1, a^ a fi^ne of the use of any house to any negro in violation of tins section sliall pay a nne or ^l^l^eU^r^e:^'nMned, That every negro is reqnired U> be in tho regnlar service of SOI ,. bite p.rson or former owner. But said employer or former owner m^'™U "ai,rnegr.^ to hire his own time by speci^il penni^ pension sliannotextendover..y,. ?hrpa;Znt {h-n^f s^kUI Ik for. 'd ;;. work tive days on the public road, or sutler sl^e'aU^wed within said parish after sunset -. )'•'* -- Mm - u^ mec lug and co^ S^f™lT^l!:^^!"? %^^c:^";^^t t^o^k fi;!:t^s'y ^he ;;^r rSor'^A^r inafter provided. ^ ^ Sfc 14 Beit further ordained, That the corporeal punishment piovided for in the foregoing sect os shall consist in confining the body of the oftender within a bai - penalty. Con-resa then became impressed ^vitll the belief tbat tlie Roveni- mentStle Southern Stated could not be left with safety m the handa of those Avho had warred upon the Government, and nuhtary gov- ernments were placed oy«r tl.eseStates. The reconstrtiction acts veie parecljand theVolicy therein laid down was inaugurated throughout *^ColTtlu;tionalconventions,<.omposedof member.s electe^^^ izens without regard to race or color, were held ioi tlie. ])uii)osaor framing co.rstitutions in accordance with the a.ne.tde. ^ons .ttjtum / / of the United States and the statutes thereunder, at.d Lou san^^^^ ^^ in the spring of 1866. the constitution was accepted by the pt o o and he StatS officers, and aLegislature thereunder.wcre chosen, who u 8 entered upon their duties in July, 1868. In view of the fact that it has been charged that many of the State officers and members of the Legislatures were ignorant or dishonest, it may be well to recall right here that which has passed into history, that the democratic leaders and the democratic press throughout the State of Louisiana (and what was true of Louisiana was also true of most or all of the South- ern States) made a determined and bitter opposition to the white people taking any part in the election of members of the constitu- tional convention or the first Legislature elected thereunder. In many cases notoriously ignorant colored men were set up by the democrats as opposition candidates in order to turn the election into ridi- cule, while men who took part in or countenanced the constitutional convention, or who had acted with the republican party, were thi-eat- ened with ostracism, both business and social. In the summer of 1868 a candidate for the Presidency was nominated by, each political party. The policy announced by Hon. Frank P. Blair in the famous Brodhead letter which secured him the nomination for Vice-President on the democratic ticket, and which became thereby virtually incorporated in the democratic party platform, gave new liopes to the democratic party of the South. Under the leadership of the worst element of that party, and ac- quiesced in or feebly opposed by the best element of the party, the secret order of the " Knights of the White Camelia," better known as the Ku-Klus Klan, was organized throughout the South for the purpose of carrying those States for the democratic party. The policy inaugurated was that of intimidation of all republicans, but more especially of colored republicans, and where intimidation failed, the midnight visits in disguise, whipping, or assassination were resorted to, and, as in the case of the Bossier Parish riot, the colored men were shot down like cattle. The repetition of the massacre of 1866 in 1868, in which the State officers and Legislature of Louisiana, as well as all leading republicans, would have been the victims, was only prevented by the result of the October elections of that year in Pennsylvania and New York. So thoroughly was the policy of intimidation carried out in Louisiana that in New Orleans the republicans as a rule did not dare to go to the polls. In some parishes in North Louisiana not a republican vote. was cast; in others ha^dng a majority of colored voters and a majority of republicans, one or two votes were cast. In many cases the colored men were coerced into joining democratic clubs, and were given " certificates," generally known as " protection papers," the possession of which it was understood was necessary to have immunity from outrage. In 1869 General Grant was inaugurated as President, and the pas- sage and vigorous enforcement of the Ku-Klux laws brought peace and security in a considerable degree to the republicans in the South. Since this, through the failure of crops, a new system of labor that moved at hrst with considerable friction, and an increase of debt due largely to the fact that the ignorant legislator was an easy prey to the scheming lobbyists, composed in manv instances of those who moved m the first business as well as social circles, but who were ever ready to denounce their tools in pharisaical style, the South has not had that material prosperity and advancement that could be wished. Notwithstanding all these drawbacks and the disasters resulting to Arkansas, Mississippi, and Louisiana more especially, from the de- struction of the levees of the Mississippi Eiver, there has been, until the present year, a gradual improvement in the material prosperity of the South. Railroads have been built and manufactories have 9 been started to some extent. The absentee system on tlie itart of tlio . planters, which prevailed extensively prior to the war, has Ix-tMi loiind to be incompatible -with pros])erous i>hintini^, and the eontinucd pres- ence of the planter, enforced by the changed syst^-m of labor, has been productive of increased thrift, has tended to foster jiublic Bi)irit, and has caused a more home-like feeling to be develojx'd in t lie owner of the soil, -who has gradually learned to seek for comfort in a highly improved home on his plantation rather than in a summer whirl of pleasure at Saratoga or a brief winter season in the Crescent City. The " State rights " doctrine so generally accepted ius correct in the South in the ante beUiim days was opposed to internal improve- ments at the expense of the General Government, and previous to the "war the doctrine referred to was advocated strenuously on the floor of Congress, while the Representatives of more northern con- stituencies, not troubled in any great degree with this doetrine, when it assumed a practical shape meekly took the lion's share of tho appropriations for tlie improvements of rivers and liarl)ors, (a practice I may be allowed to remark they are perfectly willing to follow to this day.) There is a marked cliange in public opinion on tliis sub- ject throughout the South since the war. Petitions conu^ up here every year, through the press, through boards of trade, throngh com- mercial conventions, and through legislative memorials asking for Government ai(J forthe imi)rovemcntof its navigable streams, for the building of ship and boat canals, and for the imi)rovement of the harbors of the South from Norfolk to the Mexican border of the Gulf. Much has been lately said of the commercial decay of New Orleans during the past few years, and this decay like all otlier ills which afflict the body-politic has been charged to the republican party. Though it is popular to join in this clamor, there is not a banker or merchant of enlarged views in the city of New Orleans but knows to the contrary. There is not one such who does not know that New Orleans has lost a large share of her Texas trade because Saint Louis has extended her iron fingers through Missouri across the waste of the Indian Territory and into and through the heart of Texas to the thriving city of Galveston, while New Orleans has been vainly striv- ing to secure a railroad connection with Texas. It is a fact patent to everybody that the great weight of taxation that rests on New Or- leans has been caused from tlie fact that while her area is great and her expenses in the department of street improvements and repairs as great as that of other cities of similar area — yes, greater — on ac- count of the increased cost, because she pays in depreciated paper ; she has comparatively no manufactories or other concentrated capi- tal like other large cities from which to draw a large share of her revenues. It is also a well-known fact that capital has been deterred from going to Louisiana, and much that had gone has been driven away because of the constant political agitation, the incendiary tone of a portion of the public press which reflected the views of the dem- ocratic leaders, whose doctrine has been to accept nothing that has been done through the supremacy of the republican party, but to continue to strive for power by all available means with (the ultimate object to undo as far as possible all that has been done for the ad- vancement, politically and intellectually, of that class of our popu- lation who were formerly property and Avho now as freemen, consti- tuting as they do in a very large measure the bone and sinew of the State, are a valuable and indispensable portion of our population, and who, like all other laborers, are valuable in proportion as they are in- telligent. 10 In order that I may not be said to charge that which I fail to sus- tain, let ns for a moment glance at the liistory of the late political straggle in Louisiana in 1872. Besides the republican ticket there were nominated two other tickets, namely, a "liberal" ticket and a " democratic" ticket. The convention which nominated the " liberal ticket" was managed to a large extent by the friends of and in the interest of Governor H. C. AVarmoth, who was one of the leaders of the Greeley movement in the State and who was announced by the liberal party as their candidate for United States Senator. Colonel D. B. Penn, a prominent merchant and planter, was nominated for governor. The democratic convention was composed of the "straight- outs" who were opposed to both the republicans and the liberals, but more particularly to the latter. During the first weeks of the active campaign on the part of the democrats the biu'den of their song was denunciation of the liberal movement, but more particularly of its leader, Governor Warmoth, whom they charged with being responsi- ble for most of the evils under which the State suffered. While the campaign was in progress on this basis the wire-pullers of both the liberal and democratic parties, conscious that the policy they were pur- suing would result in defeat to both, were workingvigorouslyto secure such a union of both parties as would insure success. The negotia- tions were conducted in the spirit of barter, each claiming to have the largest political capital and desiring to secure the larger number of places on the " fusion " ticket. The democrats claimed to have the bulk of the voters, while the liberals had Governor Warmoth, whom they claimed controlled and who could manipulate the machinery of the registration and election laws in such a manner as to insure success. It was unblushingly claimed by f usionists that the control of the registration and election machin- ery was equal to twenty thousand votes. Finally a bargain was struck. The democrats were to have the governor, and the gubernatorial candi- date of the liberals was to have the second place on the fusion ticket. The party thus formed was to be called the " fusion" party, and in a few weeks the people who had listened to the denunciations hurled at Warmoth were bewildered or disgi;sted by finding their chosen orators and candidates campaigning as fusionists and Governor War- moth traveling uith them and of them — in fact, as one of the chief performers, if not the star of the combination. The people, the masses, did not understand it, and many do not to this day, but on the part of the leaders it was a piece of the most shameless and bare- faced abandonment of principle for the purpose of insuring them- selves success, whether a majority of the people indorsed them or not, that has ever been known in the history of political parties. Under these auspices the campaign progressed. Those who had denounced Warmoth as the chief villain now explained that it Avaa all a mistake, that he was the prince of good fellows, and united with him in denouncing Kellogg and the "custom-house gang." The re- jmblicans made a thorough canvass of the State, and besides being- united and enthusiastic, gained large accessions of voters from those Avho were disgusted at the bargain which united the democrats and liberals. The effect of the trade now began to appear in the removal of numbers of supervisors of registration and the api>ointment of well- known and reliable "fusionists" in their jdaces, and these were in many instances men in whose moral character the fusion party had no confidence and who it was apparent belonged to the class from whom are selected those wlio do the "dirty worlc" for a party when any is to be done. There was much to be done in tliie State of Louisiana if 11 the State was to be carried for the fusion ticket. Tlie ehavaeter of the frauds perpetrated by the fusion party iu tlicir .attfnii)ts to carry the State is pretty elearly shown by the foliowing aftKhivits' which are hereto a|ipended : Sworn siatemcnt of B. P. Blanchard, State mjiatrar of voters vmlcr Wari»oth. United States of Amekica, . District of Louisiana, State of Louisiana, city of New Orleans : Be before Louisiaii sworn, of 5e it known that, on tl.is -2,1 <\:i.v of S,.,,t.Mnl».r, A. D. 187:!, V'r"»;,^''i',^Er'l iore the nnarvsi-ncd, a Ui,it,.(l Statrs .•ouinussion.M- \n and tor the distiiUot uSana dnlv conrnussion.Ml and ,sw.,n,, Krainard i;'^'^'"'; ''";•:;'';, 'TolS orn, d,.pos,.s an.l ,.ays : That ho was ap,..Mnt..l by llrnry L. \\ f'". ' -'i !^""^,- or the Stat.', of Louisiana, to the oth.'O ol Stato rr^.strar ''VT^V;,;, ^'.^fsh of Or virtue of said orti.'r, ex offu-io suiUTvisor ul iv-istraUon jn and f •;'''• ''rtn to leans- that hr tilh-d the sail ol ico during' tlie years 18,0, IHil, and 1H,_; tliatin tlio ^1?.' ;,'.., .1,.. .VMS in foil noliti.al svoumtliv with the liberal no-v.'n.ent, and last-named year h.' was in full ]iolitieal syiupatliy respecti '^a.'n'fnrtlui^^^of'n^is^eme, he caused a careful conynlation to lu, nja.lo ^l "t^ ?SJ^^S^^^^ ^ion^lnc^ in which the deceased was retistered'^erVnS- that, instead of carrying out to the ull le ter t, pro^as^ons of section 7 of the reoistration law above refeiTcd to, he causetl to De oiascii from the lists of registered voters only the names of such deceased electors as were wen known in the community, and in cases where the deceased was an obscure persona °e (a large majl^^Jty of tile whole number being con.posed of such ^o caused ?o be made out a dui-Jucate registration certificate u. ins ^f^'^^^^^t^. tained and used at the general election, as liereinaftally, in additicta to written or printed instructions from time to time, to facilitate in every manner the legistration of all white men known or supposed to be in favor of the fusion candidates, and to throw every possible obstacle in the way of colored applicants for registration, such as requiring them to produce two witnesses to prove their identity and residence, delaying them by uiineeessaiy i|uestions and by other means, and that in compliance witli such virhal iiistnutions the assis- tant supervisors of registration would and did ticeiueiitly s(;lect fi-oiii the crowd of applicants for registration white men known to them as democrats or fusionists and register them, and then dose their othces liefoie tlie hour presciilied l)y law, on the pretext that they were summoned to court or some similar excuse, thus leav- ing the colored men, many of whom could ill atibrd to lose their time, unregistered. The result of such instructions, and action consequent thereon, was the addition 15 J to the registry list of a largo excess of whites over colored men, as appears from /' the following tiible : , , , . , i • i_ „ / Table Hhowxnq the uumher of white and colored vote,->^ added loU^ re.« '"^^^^^^^^^^ ^^^^^. tached and marked W , that the «"">"! f«""^'/„;,,,^V^, .^to ^Hf""^ "i- ^^'1'"' answers, and should deenlequieklj . throughout the parishes were Deponent further says that the PO^^S P'a*^es ^'" "^ and w.re located as selected with the view to the convenience of /;^;°^i^;«,\Vi -hlM rlH-ods ehierty in- remotely and as difficult of Siccess as P"S8iblo fiom t^^^^^ „,i-hhoiiiood V habited' by colored men ; that wheueyer a pol ^^-^^ ^^f^^^ .' ,*;, hostilitf to colore.l " the commissioners were selected froni P«.yf°"^,7toii>>w colored elect- men and said commissioners were instructed to hinder anu ueiaj ors to the full extent of their power. (),l,.,nis he employed Deponentf urther says that in each ward of t^etvotA^^^^^^ ,h„1 wlu.m he did persons whom he intended to appon.t cpmnu.M- -n 1 - ^^^ .__ ,^^^^,^^^^ subsequently so appoint, whoso i"«truc ions were to p ai .^^^ .^^ ^^j_.^.,^ of the names of all deceased Pf ^sonS' bem-^ oto^^ ^^^ prepared by ^^:^^^eS d^;;S^:tr^iat\S li:^ -eTd^Jed U, b.^., epared upon paper / ' 16 similar to tliat provided for keeping the written lists of voters at the election, as required by section 11 of the election law of 1870, and they were insti'ucted to strike from the poll-list in advance the names of such persons, as required by section 12 of tfte above-quoted law. Said commissioners were also instructed to see that a number of fusion ballots corresponding to the number of names thus erased from the lists were placed in ballot-boxes in their repective polls, so that the written lists and the number of ballots should tally exactly at the counting of the votes ; they being left to devise their own mode of carrying out these latter instructions, but, the better to accomplish the object sought, they were instructed to open their polls in advance of the hour designated bylaw, so that when voters presented them- selves at the regular hour it should appear that some votes had already been cast ; and these commissioners were also instructed to insert the list previouslj' prepared as aforesaid, sheet by sheet, among the lists kept during the day, making the run- ning numbers correspond ; and that these instructions were obeyed to the letter in every instance, and that the names of 855 deceased persons, obtained and prepared as before related, were so erased and fraudulently marked as voted, and the same number of fusion tickets were thus voted at flie said election. Deponent' further says that, by a forced and strained interpretation of section 41 of the registration law, he appointed about three thousand persons in the city of New Orleans, who were known to be -vaolent partisans of the fusion party, among them several of bad and dangerous character, to act as " peace officers, to take charge of the ballot-boxes in the city of New Orleans, as further appears from the documents hereto annexed, and marked X, T, and Z, and that to some of these men were intrusted the certificates of registration of 1870, which had been surrendered, by persons who had removed to other wards, and collected and sorted out as herein- before described, and also with such fraudulent certificates of registration of 1870 as were in the possession and control of himself, or of persons in the interest of the fusion party, for the purpose of voting thereon, and that said certificates of regis- tration were so voted on, to the knowledge of deponent to the extent of 3,500 votes, as is also shown by the deposition of Walter S. Long, hereto attached and marked AA. Deponent further says that the supervisors of registration appointed throughout the State were all in the interest of the fusion party, and were selected not only on that account, but because of their supposed willingness and ability to carry the elec - tion in favor of that party, by whatever manipulation was possible and necessary under the registration anil election laws; that in parishes where there was known to exist a large republican majority, the supervisors were, in most cases, persons sent from New Orleans to the parishes in which they were to act, and men well known for their personal recklessness and unscrupulous character, and familiar with all the machinery used in manipulating elections and the powers conferred upon supervisors of registration by the laws ; that said supervisors were instructed, verbally or otherwise, to impede in every possible manner the registration of colored voters, in such ways as closing their offices when large numbers of negToes were waiting for registration, alleging that they were out of blanks when, in truth, they were anii)ly supi)lied ; removing their offices to remote points; notifying only white men of their location, and giving no notice to the negroes ; giving notice of the lo- cation of the office at one point, and establishing it at another without notice; estab- lishing polling places without due notice, and so as to facilitate the casting of a large fusion vote, and obstructing the voting of republicans, especially of colored men ; that to further carry out the before-recited determination to carry the election at any risk, deponent, without authority of law, directed that a new and complete registiation should be made in the parishes of East Baton Rouge, West Baton Eouge Saint James, and Tangipahoa, each of which parishes was known to contain a large republican majority, and a large excess of colored over wliite population, on the pretext that the books of previous registration could not be found, said books hav- ing been pre\'iously purposely made way with. In tliis connection deponent refers to the documents hereto attacned, and marked, respectively, AB, AC, AD, AE, AF, AG, AH, AI, AK, AL, AM, AN, AO, AP, AQ, AR, AS, AT, AU, AV, AW, AX, and AY, to show both the manner in which the new registration was ordered and inaugurated, and the spirit in which it was canied out. The result of this action 17 ■will be made evident by a ceniparison between tlie repstration and election sta- tistics of 1870 and 1872, as shown by the tollowing statement: Comparaiiretahle of s1(i1isiicn of rqilstraiion andeUciion \n the parlnhvH of Eaxt Baton Rouge, West flat on llouaiislies his instructions were car- ried out and legistration thereby greatly delayed, especially in the parish of West Feliciana, a verv stroua: republican paiish, as will appear by tlu- chiyuuicnts attached hereto and marked EL, BLL, BM, BX. BU, BP, B(,», BR, BS, BT, and BU. and in regard to other parishes by those papers annexed and marked BV, B\\ , BX, BY, BZ, and B2. ^ ^ Deponent further says, that besides the selection of supervisors on account of their political bias, many of them were appointed who were candidates for office on the fusion ticket at the general election of Xoveniber 4, 1872, for the purpose of stimulating them to extra exertions to cause themselves to be returned, and thus contrilmte'to the general success of the entii-e fusion ticket; that auion|; the num- ber J. H. Simmons, of Claiborne, was a candidate for police juror ; G. H. Guptill, of Cameron, was a can»lidate for poli-ce juror; R. T. Carr, of De Soto, was a candi- date for sheriff; G. D. Wells, of Livingston, was a candidate for recorder of his parish ; P. E. Lored. supervisor's clerk for Lafourche, was a candidate for justice of the peace ; E. L. Pierson, of Katcliitoches, was a candidate for the house of rep- r*esentatives ; I. G. P. Hoev. of Pwapides, was a candidate for the house of repre- .sentatives; A. Chalaire, of Placiuemmcs. was a candidate for sherift'; A. Estopenal, of Saint Bernard, was a candidate for sherifl'; G. AV. Coombs, of Saint John tlie Baptist, was a candidate for justice of the peace ; P^. C. "U'hite, of Saint Mary, was a candidate for senator ; Charles E. Steele, of Tensas, was a candidal.- fur clerk of court, (his brother being a candidate for district attorney;) George L. Stinson, of Winn, was a Candidate for recorder ; Thomas Dutly, assistant supervisor tourth ward, Orleans,' was a candidate for clerk of the fnurth district court ; Thomas Fernon, same for seventh ward, Orleans, wasa candidate fiurepn sentative; W. C. Kensella, same for ninth ward. Orleans, was a candidate for reiireseutative ; and C. ~ -. - .. . --- coiut enselia, same ror nintu waroiicnt believes were faithfully carried out in a majority of the parishes, with the etiect of exclud- ing a large republican vote at the election. Deponent further states, that in the parish of Terre Bonne, containing a lar^e excess of republican voters, the supervisor of registration originally ajjpointed, Mr. C. A. Buford, a resident of the parish, having been taken sick, he was superseded by F. J. Stokes a resident of New Orleans, who was familiar with all the advantages possible to be taken by supervisors of registration under the State laws : that said Stokes upon assiuning charge of the office, gave out that he had no blanks, though an ample supply had been furnished to lum as is .shown by dociuuents hereto attached, and marked CN and CO ; and that said Stokes without warrant of law did issue a notice to all registered voters of that parish to coihe forward and sub- mit their certificates of previous registration to his in.spection to be countersigned or vised, else they woiUd not be allowed to vote on them, as is .shown by a jjrinted copy of his notice hereto attached and marked (_'P : and that the .*aid Stokes did in this and many other ways hinder and impede the registration of ri'])ul)li(an voters ; and that said Stokes knowing that a large republican majority had been cast at the election of November 4, 187-2, did fail and refuse to make a rount of the ballots in three or more boxes, but fled to the city of New Orleans, having said boxes un- counted, alleging intimidation, but nally'with the avowed puipose and design of having the return of saidiiarish thrown out by thi' returning board, and the repub- lican vote cast con^^(' elected, from obtaiiiiuu thiii ulliiis. .„ , ., , i ^,,1, Deponent further say.. th'aT in the parish of Iberville, also a parish largely repub- lican: the supervisor of r,-istrati,m. J. L. Tbarp, a resident ot New Orleans, and familiar with the manipulations .,f el,. lions, tind.ng that a laru-. republican ma- iorifry-had been cast at the ,-l., fion. iudueed tl..' nMum.,ssiomT.s ot rh'rtion to re- •fuse to sign the returns, all.'-ing iutin.i.lation tor the purpose ot Imvmg the re- turns of Election from that parish thrown out by tli,> r.lunun-bo;uMl and tlie \ote of the .said parish for all loeal ollicers, whi.h was •,'.-:«• i.pul.hcan o .-- <''«';,'"• ^^^ excluded and thrown out hv the, said board, asexpe,t.-,l and intended by sautihai p. Deponent further says that in the parish of Saint :Martin the s.ipervi.sor, (). l)e . - housiaye, ,ir., knowing that a majority of repubhean vote.s bad l.e.;i. 'j'';' ; ^ t ' election, abandoned his othce, leaving one box uncounted, alleging iiitiinidation amt armed interference of the negroes, in order to have the vote of that parisli ex- cluded by the returning board, as appears by the telegram hereto attacliea ana ^Dewnent further savs that in the parish of Saint James the .supervisor originally appointed, D, F. MeMlle. being si.speeted by the fusion campaim committee ot favoring some of the republican candidates, was summarily removed, ami J •|'-/f oil- ing, a rSsideut of New (bleaus, was ai.p..inted in his plaee, and that said Goldiug knowing that the republiean ean.lblates had lere.ved a lar-e n,a,onty "t the vote cast at tlie election, failed to tiuLsh counting the vote, abandomii- tliiye or more ot his boxes and returned to Xew Orleans %vith the avowed intent of having the entire vote of the jiarish thrown out on account of intimidation, and the returning boartt didsoexcludctheentire vote of that parish for local ottic?is. „. ^,«,..,nf Deponent further states that the consequence otthe action of said ,super%nsoi3 of registration in the parishes of ^ladison, Iberville, Terre P«"Be,_ Saint Martin a^^^^^ Saint Jame.s is sliown by a comparison ot the number of votes registered and ot ^ otes cast in 1870 and 18T-:i, as follows : Comparative table of statistics of reqisfmiion and election in 1871) and 1872 in the parishes of Madison, IhtrviUe, Saint Martin, lerVe Bonne, and Saint James. Parish. Iberville Madison Saint James. Saint Martin. Terre Bonne . Total - 3,354 2, 120 2,498 1.481 3,891 13, 344 1,496 1,269 1,873 525 1, 422 4,036 2, 725 2, 723 1,961 S ^ s s-i 2,239 1,756 1,852 718 1,593 6,585 1 11,445 8,158 2,239 1,227 843 4,309 * Not reported. Thus showing that with an increase of the number of registered voter.s in these parishes (Terre Bonne excepted, from which no reports were made to the 'leponent bv Stokes) of 1,992 voters, the republican vote, as returned by the Lynch board, was 3 849 greater than the same vote as counted in joint session of the fusion Legisla- tare and that the entire republican vote of two parishes, S;aint Martin and Terre Bonne, was not only totally excluded from the returns of the fusion returning board biit was also excluded in tlie count of the votes for governor and lientenant-governor KoTnt stsion of the fusion Legislature at Odd-Fellows' IJall, all of -b.ch was the natural consequence of the action of the supervisors of registration in said parishes, ''"'olpl'lnf ftfrthL^Tta^t'es that in the parishes of Rapides and Xatchitoches. in which the registration of 1872 was new and coniplete, in consequence ot the forma- tion of the nlw parishes of Vernon and Red River from their territory, and m both 20 of which the supervisors were fusion candidates for the house of repi'eseutatives, the registration reported by them was as follows : "White. I Colored. Total. Rapides Natchitoches . 1,719 i 1,629 1, 517 1, 833 3,348 3,350 As appears from the reports of said supervisors hereto annexed, and marked CE, CS. and that the retuins of election as made by said supervisors, namely, J. G. P. Hooe and E. L. Pierson, were as follovrs : Kellogg. McEnery. P^apides : ' 1,169 Natchitoches ' 550 1,960 1, 250 Showing manifest frauds in those parishes of about 700 vote.s in Kapides and of about 1,200 in Natchitoches, (in favor of the fusion ticket,) as it has been well established by the testimony taken before the committee of the "United States Senate, and by other ample evidence, that very few colored men voted the fusion ticket. The manner in which these frauds were accomplished is clearly set forth in the report of said Senate committee, pages 306, 307, and 308. Deponent further states that in the parish of 'Webster the super^'isor of registra- tion, E. C. Blight, in carrying out the instructions received fiom the deponent, refused to subiiiit to the insi)ection of tlie United States supervisors of election, as is shown by the testimony taken before said Senate committee, anil to be found on page 12 of "their leport, and the documents attached hereto and marked CT, CU, the result of which action was that said supervisor of registration made the returns of the election in that parish to the returning board as 977 for McEnery against 622 for Kellogg, while tbe report of the United States supervisors shows a vote of 377 for McEnery against 824 for Kellogg, a ditference against the republican votes cast of 202 votes. Deponent further says that in the parish of Morehouse, at poll No. 4, at which a republican majority was cast, the box was tampered with bcfinc it was counted, so that when it was opened more ballots were found in the box than tliere were name.s on the written list required by section 11 of the election law, the intention of the supervisor of registration being tohave that box thrown out and have a small fusi(m majority in the parish for the State ticket of some 83 votes ; otherwise there would have been a republican majority in the parish of about the same number. Deponent further says that iii the parish of Jelferson the box from the poll held atCampI'ara])et (or Colcord's) was. either while en route to the ofhce of the super- visor ot registration, at the court-house of said parish, or after ha^-ins been dejjos- ited there, opened orotherwise tam]>ered with and fraudulent fusion 1 >alli its dt'iiosit ed therein to the number of about 400, to replace an equal number of republican lial- lots taken out which were known to have been voted, which is fiuther .shown by the docirments hereto annexed and marked CV and CW. Deponent furtlier says that in the parish of Claiborne the supervisor of regis- tration. J. E. Scott, being suspected of complicity A^itli the repuldican candidates in that parish and congiessional district, was renioved from office, and one J. H. Simmons appointed to replace him: that said Scott did not turn over to said Sim- mons the records of his office, but that said Simmons did, ueveitheless, hold the election in the parish of Claiborne without books or other formal evidence of hi» official position, and did conduct the said election without poll-books, poll-lists, or other necessary blanks reqiiired by law to be used, as is shown by the documents hereto annexed and marked C W and CWW. Deponent fui-ther says that in addition to instructing verbally the commission- ers of election for the parish of C>rleans, he issued for their guidance the circular of instructions hereto annexed and marked CX. Deponent further says that in the parish of Orleans, besides the fraudulent and duplicated certificates of registration given to persons to be voted on. in tbe manner already described, duplicate ballot-boxes were provided for the diflerent wards, as follows: Two to the third ward ; two to the eleventh ward ; one to the thirteenth ward ; one to the foiuteenth ward ; two to the fourth ward ; two to the fifth ward ; two to the eighth w.ird; one to the fifteenth ward; labeled and marked ready foruse 21 in the same maniipr as those actualiy iisoil ou tlio boxc-s actually used incases wlicre there was reason to suspect tliat said boxes contained a republican majority ; and deponent has reason to l)clievi% and does believe, tliat many, if not all, of said duplicate boxes wt^r^^ used fmrn cii( iinistances wliicli occurreil during; the night after the election, and during tlie countinjr of votes at Meelianics' Insti- tute ; and the manifest discrepan< y betwe<'n the fusion vote ami tlic republi- can vote in the boxes when opened, for instanci\ in the thiid wanl, poll No. 4, the vote as counted was 364 for ilcKniMv aj;ainst 9G for Kello^'j;, and there were 80 more ballots in the box than nanus on the written list reipiired l)y section 11 of the registration law; at poll Xo. ,'>, same ward, the vote as ei)unteilatiou of tlie returns. In the eleventh ward, ])oll Xo. 1, when counted, showed 311 votes for McEnery against 40 for Kelh)'.rg. altliough tliis box was located near the levee, where a large number of cobired laborers reside; and at poll Xo. 5, same ward, the vote was for McEnery 306, for Kellogg 100. The count of both these boxes wa.s al.so protested against by the Unitea States supervisors, and the figures are totallj' irreconcilable with the political complexion of any portion of that ward. . At poll Xo. 6, of the same ward, wliere a majority of republican votes had been cast, additional republican ballots were put in tlie box to cause a discrepancy between the number of ballots in the box and the number of names on the written list, and thus have the vote of that poll thrown out by the leturning board, and that the vote of said box was 115 for McEnery against 200 for Kellogg, and the poll was excluded by the fu.siou returning l)oard. In the tliirteenth and fourteenth wards circumstances do not point so clearly to the substitution of boxes as in the case of the two wards aljove citeil, but the infer- ence is strong that they were used, as the returns sliow a large reduction from the republican vote of IcTO, and a corresponding or greater increase in the democratic or fusion vote. In the fourth ward, which was largely republican in 1870, at poll Xo. 1, located in the immediate vicinity of the sugar-sheds and lower steanilioat laniHng, always thronged with colored laborers, the box contained 315 votes for McEnery against 92 for Kellogg; at poll Xo. 8, same ward, the vote was for !MeEr.erv IrO, for Kel- logg 94. Xo notice was given for the location of the last poll until the morning of the election, and it was not found by the United States supervisors, representing the republican party, until noon. In the tifth ward, also heretofore republican by large majorities, poll Xo. 1, as counted, was 350 for McEnery against 118 for Kellogg; and poll Xo. 9, same ward,- 237 for McEnery against 70 for Kellogg. These polls were situated at the two ex- tremes of the wan!, the former near the levee and French market, alwa.ys thronged by colored men. and the latter iu the rear of the ward, where but few persons live, and these principally colored market gardeners. In the eighth ward the box from i)oll X''o. 1, also located near the levee, and in the neighborhood of the old Pontchartiain Kailroad depot and the Port market, contained, for !McEnery 298, for Kellogg 24. The box from poll Xo. 4, same ward, contained, for MeEneiy 353 votes against 89 for Kellogg, and on the close of the polls, when the commissioners of election were bringing the box to Mechanics' In- stitute, the United States supervisor for the republican partv was tlirown out of the cab, and there is no doubt that the duplicate box was then substituted for the origi- nal one. Deponent further says that after the receipt of all the ballot-boxes of the parish of Orleans at Mechanics' Institute on the night of Xovember 4, 1872, he was about to proceed to make the count of the votes in the same manner as that in which he had already instructed the supervisors of registration in the country parishes to proceed, namely ; " To Cftunt theeleitoralaud congressional first, and then to deny to the United States officials the light of ^upervisou and insjieetiou of the count of "the ballots for State, parochial, and municipal officers," and had already caused several boxes to be opened and the counting of ballots commenced, when General James Longstreet presented to him the communication hereto attached and marked CT; that on receipt of said demand he at iirst declined to accede to it, and caused the boxes already opened to be closed and resealed and the coTinting suspended, but after consultation ■with prominent members of tlie fusion party and several interviews with General Longstreet and others representing the republican party, he finally consented to the conditions demanded, but that he did so for two reasons only, namely : First, that he feared armed iuteiferenceon the part of the United States authorities in the event of refusal or non-compliance with the demands or re- quests made upon him ; and second, that from his knowledge of the manner in which the registration had been conducted and his instructions as before narrated had loeen carried out, as well as fiom his knowledge of the number of fraudulent votes cast for the fusion candidates at the election, and the number of prepared boxes sub- stituted for genuine ones, he had so much confidence that the fusion ticket had carried the city b;^' a majority suiHciently large to more than overcome any un- foreseen failures in the country parishes, therefore he pref eiTed to submit to the inspection demanded rather than risk a conflict between the State and Federal authorities and jeopardize the .sticcess of his party. Deponent further says that, during the counting of the votes, which wp.s resumed on the morning of November 5, every possible obstruction was thrown in the way of the United States supervisors of election and others representing the republican party ; that they were discourteously treated in many instances, every advantage taken of them when absent even momentarily, and whenever they protested against any proceeding they were told that all protests must be made in writing before any attention would be paid to them, and when such written protests were filed they were taken possession of by deponent or his clerks and assistants and destroyed, or otherwise made way with, in order to prevent the returning board from having any knowledge whatever of the filing of such protests, and any action on the part of said board detrimental to the fusion interests in consequence thereof ; that said United States supervisors and other otficials were allowed admission into the hall of said institute only upon passes signed by deponent or his chief clerk, and even then were required to exliibit theii' commissions to the policemen on guard at the door for identification; that admi.s.sion was freely given to candidates for oflice upon the fusion ticket, and almost invariably denied to republican candidates, and every other possible studied annoyance ofiered to republicans and their friends and repre- sentatives. Deponent further says that in counting the votes of the parish of Orleans, a.ssist- ant supervisors and < omniissioners of election were instructed, when counting "scratched" tickets, that wlunever the nameof a fusion candidate was erased and the name of a republican candidate substituted therefor, that unU'ss the name sub- stituted corresponded letter for letter with the name of tlif repiililican candidate for the oflice voted for, as printed on the straight or regular republican ticket, such ballot was not to be credited to the said ( audidate. liut tallied as "scattering;" but whenever they found the name of a reimlilican candidate erased or scratched and the name of a fu.sion candidate substituted, the manner of proceeding was reversed, and the ballot credited to the fusion candidate without regard to the initials or orthography of the nameof such candidate, as printed on the regular fusion ticket, and that these instructions were in the majority of instances thoroughly and sys- tematically carried out. Deponent further says that from the facts and statistics before related in this deposition, it is shown' that the total number of votes gained to the fusion ticket in the parish of Orleans by means of fraudulent nianiimlation of registration papers, voting on the names of dead men, and by the snlistitutinn of duplicate and fraudulent ballot-boxes, amounted to 6,737 votes, divided as follows, namely : Number of duplicates issued in the names of deceased voters and voted on for the fusion ticket at the election ". . . 855 Number of certificates of registration fraudulently issued in 1^170. and of cer- tificates of registration surrendeied by persons removed from the wards in which they vvere registered in lfc70 and voted upon for the fusion ticket in 1872..... 3,502 Number of fusion ballots contained in boxes subsituted for the ones actually VLsed at the election, about 3, 181 Against republican ballots placed in same boxes to avert suspicion 801 Or a fraudulent majority of fusion votes in said boxes of 2, 380 Total given to the fusion party by frauds 6, 737 And that the loss in votes to the republican party by fraudulent means was 3,010, divided as follows- Number of names of colored voters erased from the registry by fraudulent aflidavits, without sanction of law 2, 472:^' Number of republican ballots contained in two boxes thrown out by the fusion board on account of stuffing by the commissioners 538 Totalloss to the reimbUcaii party by frauds 3, 01» 23 And that in the country parislios, so far as set forth l.v deponent in the foio olcction for the fusion party was frequently a mat- ter of discussion between Blanrhard, myself, and others, and a plan of operations was finally adopted at my susiuestion, aud carried out, as follows: 1. The sexton's monthly returns of burials of persons over the age of twenty-one years were cartfully compiled by wards, the registration number ascertained aud noted, and a list made of them. 2. A thorough examination was made of the registry books of 1870, in order to ascer- tain the number of names of fictitious persons registered in that year. In every ward where the persons having coutrol of these false registry papers were acting with the fusion party, these names weie used, but in wards where the supervisors of 1870 were not acting in harmony wirli the fusion party, particular care was taken to prevent their using" the fraudulent papers, and to detect any attempt at .so doing. 3. A system was established reiiuiriug all per.sons who had been registered as voters in 1870, aud who had subsequently removed, to deliver up their jiapers of that year before receiving certitiiates of registration in 1872. These were sent to the office of the State legistar of voteis every week, and were carefully sorted out by myself aud others, and all that showed no evidence of having been examined by the United States supervisors of election were set aside to be used by repeaters on election day. 4. During the ten days preceding the election a list was made out by me of the registry numbers and names of the dead, removed, and tictitious persons before de- scribed, and given to each assistant supervisor of registration for the city wards. Two or more persons in each ward, who were to serve as commissioners of elec- tion, weie set to work making lists of those names upon sheets of paper similar to that designed to be used on the day of election in keeping the written list of voters required by law at each polling place. 5. The poll-lists were printed, containing the entire registration of both 1870 and 1S72. No erasures were made until the Saturday and Sunday preceding the elec- tion, when the nanii's that could not be made available fi>r the fusion cause were crossed ofi'iu Idaek i)en(il on the lists forcertain polls in each ward, and in number to correspond witli the written lists of names before alluded to. These iireliniinaiii'S having been completed, it was a mere question of manual dexterity on tlit- part of the commissioner's of election to get within the box a num- ber of ballots to correspond with the names crossed off in black from the printed lists and written in advance upon the tally-lists. The estimate of the number of votes required to carry the election was as follows : For the first ward, 500; second ward, 500; third ward, 1,000; tenth ward, 500; eleventh ward, 500; twelfth ward, 250; thirteenth ward, 100; fourteenth ward, 50 ; making a total of 3,400 for the uptown wards ; and for the fourth ward, 300 ; fifth ward, 500 ; sixth ward, 500; seventh ward, 500; eighth ward, 600; ninth ward, tiOO; fifteenth ward, none ; a total of 3,000, and an aggregate of 6,401. To this must be added the number of papers to be voted on by "repeaters," which was estimated at 2,000. 6. The number of fratidulent votes actually counted, and which can be proved by own te.stimony and that of other persons concerned, is — In the first ward ' 281 In the second ward 243 In the tliird ward 8i'3 In the tenth ward 306 In the eleventh ward 330 In the twelfth ward 101 In the thirteenth ward 98 In the foui'teenth waid 26 Total up town 2, 188 In the fouitli ward 180 In the fifth ward 155 In the sixth ward 33b In the seventh ward , In the eighth ward 393 In the ninth ward 244 In the fifteenth ward 1, 314 Grand total 3,502 Beyond this the papers given to repeaters were about two thou.sand. I cannot at present remember the exact number, but I think that fourteen hundred were given out to be used in the fiist, fourth, and sixth municipal districts, and six hundred to be used in the second and third distiicts. I further know and can produce, I believe, the men who acted as commissioners of election at the polls in each ward wlioro fraiululout votes were cast or coiintctl at the geueral election of Novortiber 4, lS7i2. "SVALTER S. LONG. Sworn to anil subscribed before nip this 4th dav of September, 1873, at New Orleans, Louisiana. F. A. WOLFLEY, United States Commissioner. Sivorn statement of Robert H. Chadhuurn. supervisor of registration of Saint Charles Parish. State of Louisiana, Citij of X'ew Orleans : Be it known that on this 4th day of September, A. D. 1373, personally appeared before the nndersiuued, a United States commissioner in anci for the district of Louisiana, duly commissioned and sworn, Robert fl. Chadbourn, of the State of Louisiftija, who, being first duly sworn, de])i)ses and says : That on or about the 7th day of September, 1872, he was ap])('ii«tecl by (lovt'riior 11. C. Warmoth assist- ant svipervisor of registration in the parish of Saint Charles, in the said State of Louisiana: that on or about the Sid of October a communication was is.sued by Governor AVarmoth to one Boutte as assistant supervisor of rigistration for Saiiit Chailes in attiant's phice ; that attiant caiue to the city of Xcw OrU'aiis to see Gov- ernoi Warniotli resarding this matter; that Governor "WarmotJi tobl him that tho fusionists coniplaiued tliat he was a Grant man, and was not sutbciently in the fusion interests, and asked atliant what thejote was in Saint Charles Parish^ that affiant told him about 1,500 republican am" 300 democratic; that Governor "War- moth then asked him how much he could cut down Kellogg's majority in Saint Charles Parish ; that affiant replied he could cut it down several hundred ; that Governor Warmoth asked affiant if he could not cut Kelloiiu down to 300 majoi-ity, and affiant replied that he might do so; that Goveiiior Warmoth told affiant lie could do what he liked with tlie parisli ticket, but KeHogg must be beaten ; that Governor Warmoth promised affiant he wouhl Iviep him in his position if he would do what the fusionists wanted him to do in making up tlie returns of the election in Saint Charles parish ; that Governor Warmotli in this same conversation tohl affiant he wished Gibson to be counted in as member of Congress from this district, and Sheldon to be counted out ; that on the moining before the election, namely, Sunday, November 3, 1872, affiant was infoi-med tliat he liad been removed as assist- ant supervisor of registration of the parish of Saint Charles, and he immediately came to the city of New Orleans and had an interview with Governor Warmoth iii a room at the Saint Charles Hotel ; that Mr. Gibsmi was present during i)art of the interview; that Governor "Warmoth said that tlie fu.sionists were raising liell with liim for keeping affiant as supervisor; that in order to retain his position affiant must make strong pledge to work in the fusion interest in Saint Cliaih'S Parish, by carrying the election for them ; that affiant said he would do wluit lie could, but that there was a chief constable in the parish wlio did not woi k in liarmony with him ; that Governor Warmoth then gave affiant a blank commission for cliief con- stable, sa>dng affiant could appoint any one he pleased by just inserting his name ; that if affiant would work right and cut down the republican majority affiant should be appointed tax-collector of Saint Charles Pari.sh; that Governor "Warmoth further said lie could control any appointment in ilcEnery's gift, if he (McEuery) were elected governor; thataffiant asked if Governor Warmoth was sure thiit Mc- Enery would appoint him tax-collector, whereupon Governor Wamioth took affiant to McEuery in the same hotel, and introduced affiant as the gentleman to whom he (Governor Warmoth) had promised'the tax-coUector.ship in Saint Charles Parish in consideration of his services to the fusion party as supervisor of election ; that McEnery said it was all right. Affiant further says that he is and has always been a republican, and that he returned Saint Charles Parish as republican by 1,01)0 ma- ioritv, which was what the republican party was entitled to in said parish. KOBEET H--CHADBOUEN. United States of America, District of Louisiana .- On this 4th day of September, A. D. 1873, personally appeared before me Robert H. Cliadbourn, who. being first duly sworn, declares that the statements made by him in the foregoing written statement subscribed by him are all tiaie and correct. WILLIAM GRANT, United States Comtnissioner. Sworn statement of Henry L. Downs, clerk in the office of State register. "CTnited States of America, District of Louisiana: Personally appeared, this the 21st day of June, 1373, before me, the undersigned authority, Henry L. Downs, who, being duly sworn, deposes and says : That dur- '26 • ing the registration preceding the election of November 4, 1872, he was a clerk in the office of State registrar of voters for the State of Louisiana ; that during the two months of registration, certificates and duplicates of registration accumulated in said office ; they were collected by the assistant supervisors of legistration fif the different wards of the city of Xew Orleans ^om voters changing their residence from one ward to another, to whom a new certificate would be furnished and the old one forwarded to the office of the State registrar of voters, who was ex officio supervisor of registration for tlie parisli of Orleans, or city of Xew Orleans. These certificates and duplicates accumulated to the number of several thousand, and completely flllt-d a lar^e-sized ballot-box. Deponent further states that hi- assisted in assorting them according to wards and availability for use by repeating voters. Some were canceled as being considered unsafe to use, or as having been marked in some manner by the United States super- visors; others, (and the larger portion.) ujiward of two thousand, were retained in- tact to be used on the 4th of Xovember. l^'ti : and deponent fiu?ther states that it is his belief that they were so used. HEXRT L. DOWXS. Sworn to and subscribed before me on this 4th day of September, 1873, at Xew Orleans, Louisiana. F. A. TTOLFLET. Viiitcd States Commissioner. Sworn statement of Oscar F. Httnsaker. chairman of the fusion "Warmoth return- ing board, and Samuel ^L Todd, a member of the same board. (See canvass of fu- sion returns published in Senate rejjort, Pages 81, 82, and S3, purporting to have been signed by Hunsaker and Todd.) State of Lovislxxa, Citxj of Kevj Orleans: This day personally appeared before me. "William Grant, United States commis- sioner, Sainuel M. Todil and Oscar F. Hunsaker. residents of the State of Louisiana, who, being first duly swoi-n. depose and say : That they were members of the State senate of the State of Louisiana, sitting in the ilechanics" Institute on tlie yth day of December, 1872 : that afterward, to wit, on or about the lOtli day of December, 1872, said deponents left the senate .sitting at the Mechanics' In.stittite, and united with the assemblage known as the ilcEuery senate, sitting at Lyceum Hall, in the city-hall building of the city of Xew Orleans ; that the senate of" the said McEnery assemblage proceeded to organize, and that on or about the date last named said senate proceeded to elect a returning board or board of canvassers, who were to cor- ' rect, canvass, and compile the returns of election for State officers, presidential electors, &c., nnder the act approved by H. C. Warmoth, Xovember 20, 1872 : and said deponents, to wit, S. M. Todd and O. F. Hunsaker, together with S. M. Thomas. B. K. Forman, and Archibald Mitchell, were' elected as said board ; that the said board proceeded to organize by the election of O. F. Hunsaker, one of said depo- nents, president thereof; that the .said returns were then produced from trunks and carpet-bags in a small room, on an upper floor of the .Saint Charles Hotel ; that said returns were brought to said room by one O. D. Bragdon. who appeared to be in possession of the same ; that said returns had been opened, compiled, and canvassed liefore they came into the possession of said deponents and the other members of the board \ that although .said deponents did carefully examine said returns, and luade themselves cognizant of the nature of the same, and the mode and manner in which said returns were compiled, and the result sought to be shown, yet said de- }>onents neither jointly nor separately, nor in any way whatever, signed or author- ized any person to sign for them the purjiorted canvass of returns known in the congressional report on Louisiana att'airs as the "Forniau returns,'' dated December 11, 1872, by which returns it was made to ajipear that .John McEnery was elected governor, and that the fusion State ticket was elected ; neitlier did they or either (if them at any time consent or agree that s;\id purported canva.ss was oris correct, or authorize the pttblication of the same in any manner wliatsoever ; thatsoonafter the meeting of said board of canvassers, above refened to, one of said board, to wit, S. M. Thomas, left the city, and if he ever resigned as a member of said re- turning board it was not known to either of said deponent.s, nor did said O. F. Hunsaker, as president of said board, ever at any time receive any indication or any commiuiication of the resignation or withdrawal of said S. M. Thomas from the .«aid board of canvassers ; and that neither of said deponents ever met or partici- I>ated in any canvass of returns after said S, M. Thomas left the city, nor did they ever complete the canvass of said returns, nor did they ever authorize any per-son or persons to do so for them ; said deponents further state that by the pretended can- vass of said returns as juiblished without the consent of said deponents, the returns from the following parishes are shown to have been entirely thrown out, to wit. Saint Martin, Iberia, Terre Bonne, Iber^lle, and Saint James: that the said par- ishes were and are well kno^^Ti to be largely republican, the two parishes of Saint James and Tl)orville alone pving more than 2,500 repnblican niaioiity; that there was no sntficient proof orpoofl reason why said parishes should have been omitted • that had the TOte of said imrish.s ben inoliid.il in tbt- imblication of said pur- ported returns, as of ri{;ht it should liav,- been, it would liavL' aildcd several thou- sand votes to the republican ticket; and dipoiients furtlii-r sav that a fair, proper, and correct canvass of said returns would liave shown that William I'. KilliM'-f; wa» elected governor of Louisiana at the cl. for fusion party. New Orle^vns, September 6, 1873. Personally appeared before me, TTilliam Grant, United States commissioner iu and for the district of Louisiana, duly commissioned and qualified, Thomas J. M. Carey, who, after being duly sworn according to law, deposes and says: I was ap])oiiiti'il chairman of the committee on natiiialization in the ninth ward of the city of New Orleans by the democratic and fusion jiarties, and performed the duties assigned me during the last registration and eli-itiou. Our instructions were to naturalize all applicants, whether entitled to naturaliza- tion by law or not. The fourth and eii;hth district courts were reported as being favorable to issuing certificates to rejiublicans, and the tiist, second, and sixth dis- trict courts were favorable to democrats and fusioni.sts. When we would timl ajiplicants to occupy the flr.st, second, and sixth district courts, we would then go to the eighth district court and represent ourselves as republicans. Not an applicant was refused in the first, second, and sixth district courts. The democratic or fusion party furnished the blanks for the first, second, and sixth district couits, anil the republicans were reported as having furnished the blanks for the eighth district court. In the first, second, and sixth di-stiict courts, if a party was not vouched for by the naturalization committee, the judge would subject him to a rigid examination, and if he succeeded in getting the order of coiu't, the clerk would not issue the certificates of naturalization without being paid for it. When parties were vouched for bv the committee of w hich I was the chairman, few questions were asked by the judges, and no charge was made by the clerks. When we had few applicant.? we would take the same parties under difl:erent as- sumed names and get certificates of naturalization for them. When we had doubts of the parties, we would retain the certificates and have them registered. In other cases the parties would be allowed to retain them. Our committee aided all applicants who were favorable to the democratic or fusion ticket', whether they resided in the ninth ward or not. Our instruction also re- quired us to explain to all applicants what questions would be asked them by the judges. Our committee were employed in this service about one month and a half previous to the closing of registration, and, to the best of my knowledge and be- lief, caused at least two thousand fradulent natiiialization certificates to be issued, to be voted on on the day of election for the democratic or fusion ticket. I was appointed commissioner for the poll corner of Moreau and Louisa streets by B. P. Blanchard, esq., register of voters, on the recommendation of the demo- cratic parish committee and the ninth ward auxiliary club. On the day previous to tlie last election, the commissioners of election were ordered to assemble at the ilechanics' Institute, to receive instructions for the day of election. We were instructed to place every impediment in the way of voters who were not fusionists, by makingth 'in sign their names, demanding the numbers of their residences, or any other question to annoy them, and lastly to refer them to the oflicer of the ward supervisor bef f)re receiving their ballots,' so as to harass and annoy them into abandoning the attempt to vote. On the day of election the orders of the registrar of voters were faithfully carried out— in fact, the commissioners went further ; when parties had the fusion tickets in their hands they were taken without question; when tickets were folded and the applicants not known to be favorable, they would be subjected to an in- spection under the plea that the commissioners must be certain that the voter is aware what tickets he is voting. If the f(dded ticket proved to be republican, we would act as indicated by instiuctions : if democratic, it woidd be deposited in the ballot-box. We kept a correct account of every ballot deposited in the box. In 29 cases where we were compelled to receive the vote of a republican, whether white or colored, we woiild write in large cliaracters on his cortifioato so as to attract attention if attenijit w:is made to votr a sirond time; but when a fusionist pre- sented liis oertiticate, the iii(lois< iiicnl re(|iiir('d by law to be made on certificates would be written in small characters on the corner, so as to facilitate him in repeating. When a fusionist presented himself a second time on acertificate that had already been voted on, one of the fusion commissioners, who were ])la<-ed at each jioll, would hold the certificate in his liand so as to conceal tlic forniciiiidorsc iim'mI. and callout to the United Sfates insjiecfors, two of whom witc phiccd at i ai h poUin;; jdace, saying "Tliis i.s all ri^lit." If. as in some cases, they would take the eerfihcaf* iu hand and discover the fornier indorsement, the ballot would bo refused. This however, would he rarely tliecas(<. There weie about tiUO fraiululent votes polled in the seventh ward, about 600 in the eighth ward, and about 1,200 in the :iinth ward, making in all 2,400 fraudulent votes illegally polled on the daj- of electioirfor the democratic fusion ticket. THOMAS J. M. CAIIEY, Corner of MoreMi and Louisa Streets. Sworn to and subsciibed before me September 6, 1873. WILLIAM GEAlfT, United States Commissioner, J>iiitrictof Lo^dsiana. The following statement shows the number of registered voters, colored and white, at last election, as taken under democratic fusion auspices : Statement of the numherof voters remaining on the registry hools Oetoher 28, 1872, as com}nled from the final reports of sujjervisors of registration in each parish, State of Louisiana. Parish. Ascension Assumption Avoyelles Baton Rouge, East.. Baton Rouge, AVest. Bienville Bossier* Caddo Calcasieu Caldwell Cameron Carroll Catahoula Claiborne Concordia DeSoto Feliciana, East Feliciana, West Franklin Grant llaeria Iberville Jackson Jefferson Lafayette Lafourche Livingstont Madison Morehouse Natchitoches Orleans! Ouachita Plaquemines Point Coupee Rapides Red River Richland White. Colored. 3,296 2, 176 2,188 1, 559 859 715 3,134 166 586 31 2,073 992 1,293 2,577 1,403 2,351 2,084 507 733 1,241 3,296 822 2, 866 897 2,407 2,207 1, 339 1,833 19, 244 2,311 1,699 2,807 1, 629 966 644 Total. 4,444 4,383 4,327 3,048 1, 256 1,631 4,683 868 1, 127 294 2,645 2,057 2,666 2,384 2,407 3, 451 2,605 1, 029 1,349 2,381 4,036 1,923 4,262 2,012 4,709 2,725 2,033 3, 3.50 55, 026 3,281 2, 372 3,846 3,348 1,407 1, 243 30 Statement of the luimher of voters vemaiiii»g on tlie ref/istry hoohs Ovtober 28, 1872 .fc, — Coutiuued. Parisli. Sabine Saint Bernard Saint Charles Saiut Helenat Saint James Saint John Baptist . Saint Landry Saint Martin Saint Mary Saint Tammany. ^ . Tangipahoa Tensas Terre Bonne^ Union "Vermillion Vernon "Washington "Webster "Winn Total. "White. 711 500 300 703 817 3,718 1,035 1,117 624 917 368 1,788 828 717 543 854 755 86, 672 Colored. Total. 151 570 1,850 2, 120 1,720 3,641 926 1,941 700 613 3,146 872 282 79 168 862 135 94, 407 862 1, 070 2,150 2,823 2,537 7, 359 1,961 3, 058 1,324 1,530 3,514 2.620 1,110 796 711 1,716 890 181, 179 *Bo.ssier Parish, population by cen.sus of 1670, wliite, 3,505; colored, 9,170. Per report of United States supervisor the registered vote for 1872 was, white, 587 ; col- ored, 1,795. t Vote of Saint Helena and Livingston Parishe.s small. t In Orleans Parish it is well kno^\-n that the registration of white votes for 1872 was excessive. See Blanchard's statement. ^ Terre Bonne Pari-sh, by census of 1870, white, 6,030; colored, 6,172. Keport of TJuited States supervisor had registered voters, colored, 1,608 ; white, 1,201. St.^te of Louisiana, Office State Registkau of Voters, Neiv Orleans, September 8, 1873. I hereby certify that the foregoing statement has been carefully compiled by me from the final reports of supervisors of registration in the parishes above named, as made to B. P. Blanchard, State registrar of voters in the year 1872, at which time I was chief clerk to said B. P. Blanchard, and that the original reports and final re- ports are now on file in the oflice of State registrar of voters. "WALTER S. LONG, Clerk State Registrar of Voters. State of Louisiana, Office State Registrar of Voters, New Orleans, September 8, 1873. I hereby certify that the original final reports of supervisors of registration, from which the foregoing has been compiled, are on file in tliis oflice, aud that the com- pilation is correctly made. THOMAS L"OrN'E, State Registrar of Voters. Note.— The registration of 1870 showed over 23,000 excess of colored voters over wliite. The above registration was taken under democratic auspices; hence the great reduction. StiU, it will be seen giving in 1872 a colored registered vote over the white of 7,735 The republicans were not allowed in New Orleans a single commissioner of elec- tion at any poll. It is not denied that nearly every colored man in the State voted the republican ticket, and that at least eight or ten thousand whites so voted. Grant and Kellogg running as shown, even by fusions returns, far ahead of their ticket. The supreme court of the State has, since the 1st of January last, rendered no less than fifteen decisions, fully sustaining the legality of the Kellogg government. The election took place on the first Monday in November. Gov- ernor Warmoth issued his iiroclamation convening the newly elected 31 Leo-islatiire in oxtra session on DocniiljerO, l"'?^, and pionmlKated tlic so-called resnlt of the election so far as to give the names of those who it was declared were eh-cted to the General Assembly, f nor - to the arrival of thedav set for the meeting flf the General Assembly, nroceediuo-s were instil'nted in the circnit comt of the United btates, on the equity side, under the provisions of the enforcement act, to make eifectual the votes of several tliousand colored voters whose votes had not been counted, ami of nearly ten thousand others who had made affidavits that they had been deprived of the riglit to vote. The election returns in the hands of Warmotli's board were ordere. turned over to the board which had been declared to bo the on y legal board of canvassers by the supnnne court of the State, tlio bignest and last court of appe'als in the State. The Lynch board thereupon proceeded to make a canvass and declare the result, and the persons declared by this board to be members of the General Assembly con- vened on the day mentioned in the proclamation ot the govcmor, namely, December 9, 1872, organized by the election of a speaker anil officers, and then proceeded to impeach the governor for high crimes and misdemeanors in office. Under the constitution ot Louisiana im- peachment works suspension from office, and the lieutenant-governQr, Pinchback, became acting governor.. On the same day those who were by proclamation of Governor Warmoth declared elected members of the General Assembly assembled at the city hall and organized them- selves into a Legislature, recognized by Governor Warmoth who re- fused to recogni2e the validity of the proceedings of the l)ody which impeached him. There being then two bodies each claiming to be the General Assembly of the State and two persons claiming to be gov- ernor of the State, the President of the United States was called upon during the recess of Congress to recognize one as the legal govern- ment of the State. He saw tit to recognize Pinchback as governor of the State, and up to this time that action has been acquiesced m by The sui)sequent history of the Louisiana case is familiar to you, Mr. Sneaker, and to us all. In brief. Governor Kellogg, who was inaugurated in January, 1873, as the successor of Acting Governor PincSback, has administered the affairs of the State smc^ that time. Durinf' his seventeen months' administration of the attair.s ot TUe State he has had much to contend with. As an evidence of his suc- cess I will onlv refer to his management of the finances of the State. He has by a -^ ' and thorough administration of the law, securing a nnif.n-m colle. and honest disposition of the taxes restored to a great degree th. ;redit of the State by paying promptly the inter- est on the State debt to January, 1874, and by providing for the inter- est on the funded debt of the State and by paying all claims agamst the State contracted during his administration, besides paying large arrears of interest which was past due when he took office as well as retiring a considerable amount of floating debt contracted hy the previous administration. , <■ t • -^^o +^ A o-reat evil which affects a portion of the people of Louisiana to- day fs the wide-spread belief that this Kellogg government is a fraud saddled upon them by Federal power. That this is an honest and sin- cere belief on the part of numbers of ^he masses I have good reason to lielieve. They saw the official announcement of the resnlt ot tiie election, the newspapers which they read (and a majority of the people, imfortunately for themselves, are peculiarly addicted to read- incr and believing one side alone and entire) stoutly and consistently asserted the same thing. With the exception of the leaders or maii- a"-ers who planned the frauds and their tools who did the dirty work \ \ \ LIBRARV OF CONSSl 3-> lllliliil'™ 013 744 664 9 of exccutiou,^thP people knew but little of the nQauiior m wliich the registration and election were conducted or the way in which the re- sult that they believed imtil a very recent date to be the true result was arrived at. , ' . , . As I said before, havin<^ this belief, being burdened with excessive taxation, heavy and hard to be borne because of the non-develop- ment of the country, and being greatly discouraged by a partial failure and tlie unremuneratively low price of the cotton and sugar crops, the main crops of the State, a most unenvial)le condition of public feeling has prevailed in the public mind. In addition, the uncertain position of Congress in this matter interpreted to suit the views and designs of the political agitators, has tentled to keep alive the hopes of both parties without any certain condition of things . being assured. The Senate seated neither Ray nor McMillen in the Forty-second Congress, and have seated neither Pinchback nor McMillen in the Fortv-third Congress up to this time. What Louisiana wants to-day at the hands of Congress is not an invasion of her rights as a sovereign State, not the application of a rule which Congress would hesitate, yes, icoiiM not dare, to apply to New York or Pennsylvania, but she wants a liberal policy in the mat- ter of internal improvements. She in connection with the great West asks for the free outlet from the Mississippi River to the Gulf either l)y freeing the mouth of the river from obstructions or by building the Fort Saint Philip Canal. She in common with Missouri, Tennes- see, Arkansas, Mississippi, and perhaps Kentucky, asks that, as an act of bare justice, the levees of the Mississii)pi, constructed and main- tained at the cost of millions of dollars, and which were destroyed in great part during the war by the United States Army, and which are washed, abraded, and in many cases destroyed by the increased pressure of the river, caused by its navigation by powerful steamboats, should be taken charge of and maintained at the expense of the na- tion. That the maintenance of the Mississippi levees is of great benefit to the navigation of the Mississippi River has been clearly demonstrated after years of patient investigation by those United States engineers so eminent in the profession. Generals Humphreys and Abbot, in that able and exhaustive report which has given the authors a world-wide reputation as being among the ablest engineers in the profession, and which has been translated into foreign lan- guages, and if5%ow treated as a text-book by the profession. The ' measiu-es I speak of are measures of practical not sentimental relief, •, measures which will infuse new life into the commerce of the State, will lift New Orleans from the slough of despondency into which she has fallen, (and New Orleans is Louisiana in the same sense that Paris is France,) will infuse new life into the minds and hearts of the agri- culturists of the State, who, once more protected from the ravaging inundations of the Mississippi River, will never again feel the dire necessity which compelled them to ask this Government for bread to keep their families fiom starvation. With a vigorous enforcement of the laws on the statute-book, for the protection of life and property, without which all inducements to capital and immigration will be futile ; with a generous welcome extended to all Avho may come, granting the largest liberty of politi- cal opinion and action to every one, the natural advantages of the South, and especially of Ijouisiana, will assert themselves and bring about a development of the resources of the South which will be pro- / ductive of an era of prosperity on a more lasting basis we trust th.an ,' ever uiaintained under the old regime. 'vat, ^ ^ / c / / LIBRARY OF CONGRESS a °' 013 744 664 9 Pennulipe*