ADDESL
OF
(!lITZENS OF LOUISIANA
TO TIHE
PEOPLE OF THE UNITED) STATES.
Mc,GILL & WITHRROW Printers, 1107 E street, Was}lintgton, I. C.  
ADDRESS
OF
CITIZENS OF LOUISIANA,
TO THE
PEOPLE OF THE UNITED STATES.
The citizens of Louisiana have perceived with satisfaction
that the people of the sister States are not unconcerned
spectators of the events now transpiring within her limits,
and of which it is probable no parallel can be found in the
history of this or anyv other country.  As these events were
entirely bo,ought about by the agency of officers, civil and
military, of the General Government, the citizens of Louisi
ana, not doubting that the'action of the Executive, at least
in reference to them, was thie result of misapprehension of
the facts, determined to adopt prompt mneasures for the correction of the error.  At a meeting held for that purpose,
representing (we may saf(ely say) a large prepon(lerance of
the moral worth, intelligence, and wealth of the city of
New Orleans, a committee of one hundred gentlemen was
appointed, with instructions to proceed immediately to
Washingtqn to lay the facts before the several departments
of the Government, and to solicit their aid in repairing the
gross wrong which hadl beent done and in restoring to the
people the riight of self-' government which had been wrested
from them by the mnost patent usurpation.
The undersigned form a part of that committee. On our
arrival here we found so much misapprehension existingeven among those who ai'e usually well informed-in regard 
2
to the origin and history of this disturbance, that we determined to publish a brief narrative of the facts.
The parties engaged in these proceedings, aware that if
the facts were properly understood they would admit of no
defense, now seek to belittle and conceal the question at
issue, and to treat a conspiracy to overthrow the government
of the State as a mere strtlgg,e for political ascendancy between Governor Warmoth and Mr. Kellogg,.  They allege
that the former was endeavoring by some trickery or legerdemain  to cheat the latter out of his election, and that the
object of their proceedings was simply to frustrate this attempt. They have sedulously sought to produce the imp)ression upon the public mind that this committee was
composed of mere allies and agents of Governor Warmoth.
We repel this insinuation as utterly false and unwarranted.
We  are not the representatives of any personal or party
interest whatever.  Governor Wairmoth was not a candidate
for any office whatsoever at the recent election, nor have wve,
directly or indirectly, any connection or affiliation with him.
So far as his past career is concerned, there are few if any
members of' this committee who have not been among his
most pronounced opponents; while in those measures of his
administration for which he has been most loudly denounced,
he had for his advisers, associates, anld coad(jiutors, the very
men who now assail him, inicluiding  especially Pincliback,
Antoine, Herron, and numnerous others whose names figure
most conspicuously in these proceedings.  In reply to the
other insinuations indicated atbove, we declare that we are
no parties to and have no knowledge of any political trickcry intended to defeat the true voice of the people; that we
do not believe any such existed, and that we w4uld not be
here unless we could proclaim conscientiously our conviction
that the men who have been foisted into the offices of the
State have been noit mreely iriegularly and unlawfully installed, but were not elected by the people, and were not
and are not the choice of a majority of the voting population of Louisiana.  We have not asked the Government to
admit this on our simple assertion.  All we have asked is 
3
that it should make a candid and impartial investigation of
the facts.
With this prefaice, we now submnit the following statement:
FTrst. There was a general election held in Louisiana on
the 4th day of November last for the election of a Governor, Lieutenant Governor, mrembers of the General Assembly, and other State and Federal officers.  At  this
election William Pitt Kellogg, a member of the Senate of
the Unitedl States, and C(. C. Antoine, Collector of the port
of Shreveport, were can didltes for the offices of Governor and
Lieuteinant Governor, and were opposed by John M,lcEnery
ant D)avidson B. Penn.   The present Governor, W'armoth,
was not a candidate for re-election.
Secocld. This election was conducted without riot, disturbance, or violence, and the number of votes cast was,
unusually large.*  The returns of the election were made
to the board appointed for the purpose.  This b(oard was
composed, under the law, of the Governor, (Warmothl,) the
Lieutenant Governor, the Secretary of State, and two other
persons named in the law, viz: Jolhn Lynch and TIhomas
C(. Anderson.  The office of Secretary of State was filled at
the time by Mr. F. J. Ilerton, who had been ap)pointed by
Governor Warnioth to fill the vacancy caused by the reruo;al, several months before, of George E. Bovee, the
legality of which removal and appoi,tienet was then in
contest before the State courts.  The board niet, and it was
resolved that Anderson and Pinclback were dis(qualified bvy
reason of their being candidates f)r office.  Wairimoth tlien
removed Herron (whom he had(l appointed) from the office
of Secretary of State as a defaullter, and appointed and commissioned Wharton in his stead.
We have no reason to believe that the action of Governor
Warmoth in the removal of Herion was based upon a desire
to commit a fraud, for under the returns there was no necessity for fraud.  It was prompted by his discovery of a
* See Appendix A and B. 
4
plot between Herron and Lynch to falsify the returns and
defeat the will of the p)eople   This is manifest fron the
fact, developed in the evidlence before the couIrt, that Herron, anticip)ating the thwarting of his scheme, had several
days before ordered a dtl)licate of the setal of State to be
en,graved, by which means he hoped to preserve the insignia of office in the event of his removal by the Governor.
Oitiitting firther detaiis, Warmnotli and VWharton  on11 the
one hand, assuming to be a majoity of the board, and in
the presence of Lynch, proceeded to elect Hatch  and Da
Ponte to fill the vacancies caused  )by the with(irawal of
Piinchback and Anderson,* while Lynch and Herron afterward assembled and, uln(ler the samre assumption, elected
Lonrgstreet and Hawkins.   Thus  there came to he two
b(odies-each cl;aiming, to be the returning loard-one presi(ded over by Go)vernor Warriothl, th-e  highest executive
officer ol' the State and under the  l:tw the presiding, officer
of thle hboar(l, andl vwhich hal possession of all tl-he election
returns and evervthin,g necessary to ascertain the resnlt;
while the other consisted of Lynch, the remroved Secretary
of State, Herron, and their two a)poirntees.  Afterwards
the State Suree Court deci(l(ed(l tl-hat thle remrnoval of' B()vee
and the oriiginal apl)intmtent of' Herron were illeg'al, and
B(vee was reinstated in his ofi('e.  Whatever may be said
of' tlese contesting  o, rdsit is clear that the c(turtts of' the
United States l-had no semblance of auithority to decide between t!leir eonfiictinA- clainis to office.
:7/i'ilc. Afteri it ha(l bhcome p)rol)at)le that the two candidates, Williaimo Pitt Kell}Ogg and C. C. Antoine, h(l been
defeated, and tl-at their ol)lonents would be declared  elected, thley respectively file(l bills in the circuit court of' the
Unite(l States for the district of Louisiana f-or ijulnction
and rel ief'.  The Governor of th-e State, the members.,f tl-he
canvassing board, other citizens of' tlhe St,ate connected with
the lri()iiulg,ation of'the returlns, and certain I)erso()ns elected
or claimring to have Ieen elected to the Leg,islatutre and to
*See Aplendix C. 
5
the Governship, were made defendants in one or other of
these suits.  Thle cause of complaint was, that they severally ap,)rehended that they would be deprived of the (ffices
for which they had been candi(dates.  They claitned to have
had the majority of votes at the election, and that t1here h-ad
been 10,000 voters prevented fi'oin voting because of their
com)lexion and previous state of servitude, whose votes they
would have received.   The bill of Kellogg  pro!issed to be
for the preservation and perpetuation of the evidlence of the
election, and to have reference to the support of a suit he
milght have to bring to recover the office.  Antoine's suit
was similar in the claims of title, and had reference in its
prayers fo)r relief to the organization of the General Assenmbly at the meeting called, in the proclamation of the Governor, for the 9th day of' December, 1872.
Foutith. The parties to these suits were all citizens of the
State of Louisiana.   The object of the suits was to assert
title to offices of the State in advance of any decision or an
nouncement by any board of any person as elected, and to
determine the persons to make the decision andI the announcemient, by the jldicial authority of the Ciriclit Court
of the Uniited States.  Pending the snits,* an ex parte and
private order was made ii the suit of Kellog,g, declating
that the defendant, H. C. Warnioth, the Governor, had, in
violation  of the  restraining  order of the  court, issued  a
proclamation and published the returns of certain persons
claiming to be the board of returning officers, and proceeding as follows:
"Now, therefore, to prevent the further obstruction of the
proceedings in this cause, and further to prevent the violation of the orders of this court, and the imminent d(anger of
disturbing the public peace, it is hereby ordered that the
Mlarshal of the United States  for the district of Louisiana
* The decision of the court upon the question of jurisdiction was not rendered until 11-1 o'clock on the morning of the 6th of December, whereas the
order of Judge Dtiurell, directing the marshal to take p)ossession of the State
House, was issued at a late hour of the night before, under the most peculiar
circumstances, and executed before the dawn of day. 
(3
shall forthwith take possession of the building known as the
Mechanics' Institute, and occupied as a State House for the
assembling of the Leg,islature therein, in the City of New
Orleans, and hold the same subject to the further order of
this court, and meanwhile to prevent all unlawful assemblage therein under the guiise or pretext of authority claimed
by virtue of pretended canvass and returns made by said returning officers in contempt and violation of said restraining
order; but the Marshal is directed to allow the ingress anid
egress to and firomn the public offices in said building of persons entitled to the same."
Fifth. The interlocutory and exp)arte order in the sitit of
Antoine, the candidate f)r Lieutenant Governor, seems to
have been made as the complement to the order above quoted
in the suit of Kellogg, which directed the occupation of the
State Capitol by the Marshal, with directions to prohibit
what is termed in the order "an unlawful assemblage,"
while the same Marshal is directed to allow the ingress and
egress of persons whom he might determine to he entitled to
such a privilege. This order, in the case of Antoine, is comprehensive and explicit. None can mistake its import or
its oblject. It provided:
First. That the Governor of the State be enjoined and
restrained fromn examining the election returns or counting
votes, except in the presence of officers designated in these
orders, and from controlling, interfering with, or attempting to interfere with, the organization of the State Legislature, and from doing any act, or from giving any order or
direction, or making any request which may directly or indirectly prevent or hinder any person froni being present
and taking part in the organization of the Senate on the,
9th of December, or at any future day, who may be returned as a member thereof by a board composed of H. C.
Warmoth, George E. Bovee, James Longstreet, Jacob Hawkins, and John Lynch, and whose name has been transmitted
to Charles Merritt, Secretary of the Senate, by George E.
Bovee, Secretary of State.
Second. That 20 named persons, who had been canadi 
7
dates for the office of Senator in the State Senate, and who
were supposed to have been elected, and had been declared
to be so, be enjoined and restrained from participating in
any manneri in the organization of the Senate, or doing any
act about that organization, unless their names should appear on Bovee's list of names of members of the Senate, as
transmitted to the Secretary of the Senate, Charles Merritt.
Thirsd. About 100 persons whose names are given, and
who were supposed to have been elected to the House of
Representatives of the General Asserrmbly, and had been
declared to be so elected, were similarly enjoined from
participating in the organization of the House of Representatives, or from (Aoing, any act or casting any vote, unless their names were on Bovee's list of' members
Fourth. The clerks of the Senate and (of the House of Representatives were severally enjoined from placing on any
Fist, or announcing, or recognizing, or designating as a
member, prior to or during the organization of the respective Houses, any person whose name was not placed
upon Bovee's list.
Fifth. Tlhe Secretary of State (Bovee) was enjoined from
receiving any returns of the election of State officers, or of
memrnbers of the General Assembly, excepting such as should
be filed in his office by the board composed of Warmoth,
Longstreet, Hawkins, Lynch, and Bovee.
Sixth. The Chief of the Metropolitan Police, and all of its
members, numbering about 300, and the board, were enjoined from  interfering with the organization of the General Assembly, and from preventing the persons on Bovee's
list from entering into the halls of the Assembly.
Seventh. The persons composing the board recognized bya
the Governor were enjoined from acting as a canvassing
board, and from declaring and publishing any calculation,
statement, or proclamation of the results, or granting certificates of election, or statements tending to show any right
to office growing out of ballots cast at said election.
The Marshal, assisted by a detachment from the Army of
the United States, under these orders took possession of the 
8
State Capitol, and held it on the 9th of December, when the
General Assembly was to convene under the proclamation
of the Governor. The egress and ingress of persons were
regulated according to this order.  A person named Pinchback took possession of the chair  5f the Senate,  and
directed its organization. He had been a Senator for a term
that had expired.  While a Senator he had been President
of the Senate, and in virtue of isuch presidency, under the
law, had acted as Lieutenant Governor after the death of
Dunn, the Lieutenant Governor lchosen in 1868; but at the
time of these occurrences he was not merelyfunctus oQflcio as
President of the Senate, but was no longer a Senator, and had
no title or color of title to act as Lieutenant Governor, or to
take any part in the organization of the Senate.* The House
of Representatives was also organized, the U. S. Postmaster
at New Orleans being its Speaker. The certificates of Bovee
under the injunction were taken as conclusive evidence o
membership.  The House passed resoluti()ns for the impeachment of the Governor, and thus Pinchback felt at liberty to
assume the title of Governor. Two district courts were abolishled, and a new court, called the Superior Court,t was established, with extraordinary powers, and, among others,
exclusive jurisdiction to determine title to office, and MIr.
Hawkins, one of the members of the Bovee board, which had
made the election returns, was made judge.  Stepl)s having
been taken by the Governor, in his official cal)acity, to secure
a revision, by the Supreme Court of the United States, of the
chancery orders of the United States Circuit Court, these
bodies forthwith adopted resolutions to dismiss these proceedings.1  The militia was placed under the command( of
General James Longstreet, another member of the Bovee
board, and the arsenals were taken possession of by the aid
of United States troops.
It has been supposed that no amount of professional
eiiergy and skill was l    dequate to make a coup Ie main in
a chancery cause.  This statemneltt shows that a civil revo
*See Appendix D.
t See Appendix E.
ISee Appeiidix F. 
9
lution was commeinced, carried on, anid accomplished with'
in a lunar month, un~der the orders of a chanlicery court, in
suits over which thie court had no jurisdiction at all, whether
of parties or subject-matter.*  The Circuit Court of the
United Sta,tes is a court of limited jurisdiction, and with out authority to entertain civil suits between citizens of
the same State, unless the case arises directly under the
Constitution and laws of the United States and jurisdic tion is vested by act of Congress.  Coig ress has no power
to confer jurisdiction in aliy other case between such citi zens.  It has no authority to give jurisdictionr of a suit of
a citizen of the State against the State.  Under the act of
Colngrless of May 31, 1870, upon a single condition of facts,
a citizen of a State may mailntain a suit for atin office of a
State in the courts of the United States, but the State Legis latuire is speciatlly excepted from the operation of this act in
the same clause that excepts the office of members of Con4
,gress and Presidential electors.t The ex _)arte preliminary
order in the case of Antoine is as explicit a determilnation of
the title of the members of the Legislature, and furniishes
as complete a writ of possession, as could be devised.  The
organization of the Legislature is effected by a simple
chancery order. 
IHad there been resistance to the execution ofthese orders,
and had riot and bloodshed followed, upon whom would
have failen the responsibility?  By whose forbearance was
it that a bloody catastrophe has not been exhibited as a
scandal to the land?  It sometimes happens that the exe cutive department is tolerated, excused, or justified in acts
of administration which exceed its legal powers. The argu menlts derived fromn the terms "State necessity," "public
welfare," or "convenience," have here a soothing influ eice; bnutjudiciary action is not entitled to any benefit from
such arguments.  The damage which ensues from the em ployment of judiciary power to accomplish other than judi cial acts of administration cannot be calculated, and it is
t See Appendix H.
* See Appendix G. 
10
impossible to justify a court in dcetermlining that to be legal
which is merely desirable, or that to be right which is only
profitable.  The order in the Kellogg case was ex paltie. It
was placed in the hands of the Marshal without notice to
the parties.  It proceeds for an alleged contempt by no
legal procedure usual in matters of the sort, and we  are
not aware of any imminence of danger to the public peace
which did or could justify the seizure of the State Capitol
in a chl-ancery suit between Kellogg, alnd a canvassingt board,
a suit professedly broughlt to perpetuate testimony.
The case of Antoine displays with even more distinctness
than that of Kello-g the use that has been made of judicial
orders to accomnplish results of which the judiciary had no
cognizance.  Antoine was a ca(ndidate foi' Lieutetnant Governor, and would have been entitled to his office in January next had he been elected.  WVith a disputed title, a
month in advance, he filed this bill and obtained thle orde[i
we have cited, placing under interdict the Governor, the
Secretary of State, the nmenibers elect of both branches of
the General Assenibly, the board and all the officers and
men of the police, and the members of two  canvassing
boards; and upoli this ex parte order the organizatioi of the
General Assermubly, at'a time when hlie (Antoine) had  no
share in ally of its sittings, was reutilated and effected.
Since the meeting in New Orleans under which the corn.
mittee was appointed, we have been met with the suggestion
that these orders and acts are facts accomplished, and that
their revocation or rescission would not restore the status
quo, and that our complaints, therefore, are unreasonable.
If the opinion we have be correct, sucl a circumstance ought
not to affect our action or conduct. When the King of Great
Britain established arbitrarily a government in one of the
colonies, the remaining colonies took the alarm, lest it
might serve as a precedent as well as an instrument to establish such governments elsewhere.  Besides, men are less
patient under wrongfiul orders and acts of a jtudiciary tribunal than even of violence from other sources of authority.
A government which rests for its organization upon an 
11
illegal judicial order, executed by a marshal with companies
of soldiers, does not command as much respect or authority
as if the judicial appendages had been dispensed with, and
the army had set up the government with a strong and
usurping hand.
The committee take the liberty to say that they have had
no connection with these suits as parties or attorneys;
neither do they claim any of the offices in dispute. They
have not heretofore been concerned in the controversies
among the p(olitical classes which have endangered the
peace of, and brought scandal upon, the State. They affirm
that, during the last four years, there has not been good
government in Louisiana. There has been extravagance,
prodigality, dishonesty, and waste in the public expenditures.' The public debt has been enormously increased, with
but little corresponding benefit. The credit of the State
4was been given to speculating corporations, for personal
aims.  The taxes on property have assumed such proportions that they might appropriately be called rents paid by
the proprietors to the State for its occupation and use. The
taxes upon business oppress the commercial and laboring
classes. The laws to control elections, corporations, and
public institutions stimulate these excesses of office-holders,
and the consequence is universal depression and discontent.
The State needs an honest, faithfill, and responsible government, conducted to attain public objects, and not to
enrich its members or to perpetuate their power.  There
was an earnest effort to obtain such a government at the
last election, but a political conspiracy has unfortunately
defeated it.
We affirm, without fear of contradiction, that the foregoing statement exhibits on the part of the United States
court the most high-handed usurpation of jurisdiction and
authority of which the annals of jurisprudence afford any
example.* The action of the returning board recognized
and vested with all its powers by this court, has been
* See Appendix I. 
12
equally unprecedented. Without any official returns before
them, without any of the official data on which alone their
action could have been rightfully based, they have presumed
to proclaim the resilts of the election.  The declaration by
them of the votes cast in the different parishes is as purely
fanciful as if no election whatever had been held.
The have arbitrarily redlliced and increased the votes on
one side or the other in different parishes to s,lit their purposes.  In several parishes, while retaining or even adding
to the votes cast for their candidates, they have silIl)ly annihilated or stricken out entirely the votes cast for their
opponents.  In o.ther parishes they have exactly reversed
the returns, giving to their candidates the majority which
had really been returned fbr their opponents.*   They have
not pretended to furnish the public with any explanation of
the basis on which they proceeded, or the theory on which
they acted. Their whole conduct is without any kind of
reasonable explanation.
We submit to the people of the Ui-iited States that such
proceedings reach a poinit at which the whole theory of
popular governmenit is reversed and overtlhrown.  The
mea,s by which suc(h results have been reached -ire enough
to startle the public minid, but the results theniselves are
not less appalling.  Aside from the general offices of the
State, we find the Legislature of the State d(eliv,-red over
into the hands of men who were not elected, and who are
utterly unfit for positions of such responsil)ility. As originally composed at its organ ization, it comprised sixty-eight
persons of color, most of themn totally uneducated, with a
very smiall minority of whites.  Since that time they have
expelled members whose seats were uncontested. They have
unseated conservative members returned elected by their
own board, and seited their defeated opp)onentts, on the
simple ground that the former had not appeared to claim
their seats.t The result is that, ori,gitnally bad as the Legislature was, it makes itself worse day by day, and the
t See Appendix K.
*See Appendix J. 
18
prospect is th)at soon the conservative elernent of the State
will have no representation whatever.  To those 7who flattered themselves with the liope'that Mr. Kell,()w  would
not willingly abet aiiy sclleme of outrageous misgovernInent, it is now apparent that, even siipl,osing thlis to be
true, tle power of restrainlt has passed ei:itiiely beyolnd his
control, and that, shoutild he attempt to thvart the sclemes
of thlis Legislature, his  own  impeachmeiit would  be a
probable event of the future.
In conclusion, we wo()uldl st(te that we have attempted to
perfolrm the duties of our missi(ol in the putrest iont-p,rtisan spirit, and that we have not soullit to furishl caipital
to any political p:rty or to excite pop)u:llar clamor in the
interests of aiiy factioii. We  have laid our case before the
President and his Attorncy Ge!iertl, a(nd we willingly testifv thlat we lhave been- courteously received an(t  Ia-tienitly
listened to. WVhile they lhave refuised( the specific measures
of relief for which we applie(l, th(y hatve givene  re;-s()ls fo)r
sucnl refusal ill no manliner iinplying ally ini(lisposition to
see justice done.
Tlhey Iave  referred us to Conlres,s,an-d we feel assured(
that we sltall have the imimedia,te saletioil (,f the Presi(lelt
so far as we iinvite an imi)prtial inve.tigoIti()Il of tl-he Iets
of ouir case, aiid th-at we shall have his co-ol)eratio(I in aily
measures,f eiief wlicl Congress mLt5r adoy t after such
inve,tia-Ltioin.  The people  )f Lot,isiaiia, igliolilig 1)(,rty,
are conscious of }liaviii made a1i lihoi,,rabtle effoirt to l,llice
in office mei  of tried probi ty. They seel( justice, not genIeirosity.  Tlhey ask fir a caliii, iripIartiail ex-aiiinztioll il)tO
tlhe r(cen(t extraordii arly occur'en.es witli n thleir I )or lers
in oir(der that thie trith matl y be l<nwn, (and tlht there may
be a speed(ly Co,,recti,  of the (daingerous evils now threatenioig the vert life of tleir State.
\ ASIIInGTON, D. C., Dec. 23, 1872.
John Fairlai ks,
C. E. Fe'cnnel,
E. B. Wlieel()ecl
A. B. Griswold,
J. A. Campbell,
J. Aldig6,
AJosetp  B(oi  n,
Jostlph Bowlirng, 
14
N. Barnett,
A. Chiapella,
J. S. Copes,
H. W. Conner,
H. D. Coleman,
John C. Potts,
John F. Pollock,
J. Tuyes,
James Wallace,
Walker Fearn,
D. C. Labatt,
H. O. Seixas,
J. W. Labouisse,
D. West,
Richard Taylor,
Mayer Stern,
R. Pungh,
George W. Squires,
I
a
G. Kohn,
H. McCloskey,
G. W. Nott,
H. V. Ogden,
W. S. Pike,
F. A. Haber,
H. Gardes,
P. M. Baker,
Albert C. Janin,
S. Hernsheim,
T. H. Kennedy,
J. M. Scott,
Al. Miltenberger.
H.  G. Darcy,
Sella Martin,
W. Marks,
C. M. Wilcox,
H. R. Cramer. 
APPENDIX.
4.
The New Orleans Republican, (the organ of the Radical
Republican party,) o)f the 19th of November, in an editorial
article, admitted firankly and unequivocally that the election held on the 4thl of that imonth was the fairest and most
peaceable ever knpwn  in the State of Louisiana; that no
negro had been deprived of his right to vote becautse of his
color; that there had been every disposition to allow to him
the unmolested enjoyment of his rights; and that complete
conciliation existed between the two races.
The total vote in November last for Governor, exclusive
of the three parishes of St. Jamies, Terrebonne, and St.
Tammany, from which irregular and informal returns only
were received, amounted to 128,402.  The total vote of the
State in 1870 was only 106,542.
C.
Exxtract from New Orleans evening papers of November 13th.
When the board met to-day, Governor Warmoth, Acting
Secretary of State Herron, and Senator John Lynch being
present, the Governor, after the  eading of the minutes,
presented the certificate of Auditor Graham, to the effect
that, Secretary of State Herron being a defaulter, he had
been compelled by the constitution and laws to sus)end him
firom the exercise of his functions, on charges which would
be enumerated to the Senate.  Accordingly Secretary of
State Herron was requested to withdraw fiom the board,
which he did. The Governor next presented the commission, and the evidence of his qualification for the office, of
Colonel J Wharton, as the successor of' General Herron.
Colonel Wharton was in the ante-room, and on being sent
for promptly appeared and took his seat in the board.
Governor Warmioth then proposed the name of F. H.
Hatch as a substitute for Lieitenriant Governor Pinchback,
which was adopted by the votes of Governor Warmoth and
B. 
Secretary of State Wharton, Senator Lyncli voting(r "No."
It was further moved that Durant Daponte be elected in
place of Senator Thiomas Anderson. These nominations
were adopted by the board, whereup)on Senator Lynch retired.  Thie board, being thus completed according to law
will proceed to its duties.
D.
On Monday, November 9th, at the Mechanics' Institute,
at the organization of the Senate, pursuant to the Governor's proclamation, it was desired by a liajority ol the
hold(ling-over Senators, and whilch majority were nearly all
Republicans, that the names of those holding over, and of
those returned by both boards, shotiuld first be called. These
Senators, according to all law and precedent, would then
determine who were entitled to seats in all cases of doubt
or where no returns had been made by the Custom-house
board.  But this did not suit the purposes of the Customi-house party.  Mr. Pinchback, who had called the Senate to order, refused to recognize any motion whatsoever,
and ordered the calling of the roll according to the list
prepared  at the  Customshoiise.   General  McMillen,  a
staunch Rel,ublican, sprang to his feet, and objected to the
arbitrary ruling and usurpation of Mr. Pinchlback.  The
latter retfised to hear him or to receive his protest. Other
Republicans, General H. J. Camnpbell among the number,
denounced Mr.' Pinchback's action, an(l protested against
his presiding over the Senate.  Their efforts were useless.
United States marshals and United States soldiers were on
ever) hand, and their instructions from E. H. Dtiuell, jndge
of the United States district court, were to obey the behests
of Mi. Pinchl)ack.
An(l this is the reason why objections were made to Mr.
Pinchlbac(k's fulrther presiding over the Senate.  He was
elected in 1868 Senator from the second district of New
Orleans lor a term of four years, which explired at the last
election, when ex-Lientenant Governor A. Voorhies was
electe(l to succeed him.  At the'death of Lieutenant Governor Dunn, Senator Pinchback was elected Pie.sident of the
Senate, and thereby became Lieutenant Governor ex ofiio.
At the retgular session of 1872 Mr. Pinchback alwvays clained
the i/ht to vote as Senator, and did so80 vote, as the journal
will 1show.
Whien ex-Governor M. Hahn resigned his office, and J.
Madison Wells, Lieutenant Governor, became Governor in
16 
17
his stead,. Senator Louis Gastinel was chosen President of
the Senate, and thereby became ex oqffcio Lieutenant Governor. All acts thereafter passed during that term are
signed "Louis Gastinel, ex o cio Lieutenant Governor and
President of the Senate." That was according to the law
of 186;5, which says that, when a vacancy shall occur in
the office of Lieutenant Governor, "the Senate shall elect
a President, who shall be Lieutenant Governor." This
law has been copied verbatim in Ray's Revised Statutes,
1870.  At the ensuing election Governor Wells was a candidate for re-election, and Judge A. Voorhies for Lieutenant
Governor. Immediately after the election Governor Wells
called a special session of the Legislature, to assemble at
Mechanics' Institute, November 25, 1865. The Senate having been called to order by the President, Mr. Gastinel,
Mr. Kenner objected to his presiding any further, as his
term of office had expired, and his successor was present.
Thereupon Mr. Victor Burthe, of Jefferson, was placed in
the chair as President. On the 2d of December the votes
for Governor and Lieutenant Governor were counted, and
on the 4th Mr. Albert Voorhies was installed as Lieutenant
Governor, thereby becoming President of the Senate.
There is a precedent: the case is precisely in point; the
facts agree in every respect. The Senate is the sole judge
of the qualifications of its members, and it has given a construction to a law which has been re-enacted since that construction of it.  Judge Durell is without authority, even
under the enforcement law, to create a Legislature or in
any way control its organization. It is deemed proper that
these facts and this precedent be spread abroad through
every State, and the National Government be fully apprized
that the man who has been recognized as "Acting Governor of Louisiana" is absolutely without right to hold such
office.
E.
AN ACT to establish an additional district court for the parish of Orleans;
to define and limit the jurisdiction, and to determine the powers thereof;
to provide for the transfer of certain cases now depending before certain
other district courts for said parish to the court hereby created; to authorize
the Governor to appoint a judge and a clerk for said court, and to provide
a court room for said court; to abolish the Seventh and Eighth District
Courts for the parish of Orleans, and to provide for the transfer of the
records and suits in said Seventh and Eighth District Courts to other courts
in said parish.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana in General Assembly con       2 
18
vened, That there shall be, and is hereby established, an
additional district court for the parish of Orleans, which
shall be known and designated as the Superior District
Court for the parish of Orleans.
SEC. 2. Be it further enacted, etc., That the Superior District Court hereby created shall have exclusive jurisdiction
in and for the parish of Orleans, to issue writs of injunctions,
mandamuses, quo warranto, and to entertain all proceedings, and to try all cases or actions in which the right to
any 9ffice, State, parish, or municipal, is in any way involved.       *       *       *       *       *        *
SEC. 6. Be it further enacted, etc., That the offices of
judge and clerk of the Superior District Court for the parish
of Orleans, hereby established and organized, shall be
deemed to be vacant as in case of original vacancy. The
Governor shall at once fill such vacancies by appointment.
*,   *      *        *            *       *
SEc. 7. Be it further enacted, etc., That the act of the
General Assembly, approved March 16, 1870, entitied "An
act to establish an additional district court for the parish of
Orleans, to define the jurisdiction thereof, and to reorganize
and determine the jurisdiction of the existing seven district
courts for the 1)arish of Orleans," be and the same is hereby
repealed, in so far as it establishes and organizes'the Eighth
District Court for the parish of Orleans; it being the intent
and purpose of this act to abolish the said Eighth District
Court for the parish of' Orleans, and the said Eighth District Court for the parish of Orleans be and is hereby abolished.       *        *       *       *       *       *
SEc. 8. Be it further enacted, etc., That the Seventh District Court for the parish of Orleans be and is hereby abolished.
ished.       *        *       *       *       *       *
SEC. 9. Be it further enacted, etc., That all laws or parts
of laws in conflict with this act be and the same are hereby
repealedr so far as they are in conflict, and this act shall
have force and effect from and after its passage.
(Signed)          CHARLES W. LOWELL,
Speaker of the House of Representatives.
(Signed)          A. B. HARRIS,
President of the Senate and Acting Lieutenant Governor.
Approved December 11, 1872.
(Signed)          P. B. S. PINCaHBAcK,
Lieutenant Governor and Acting Governor of Louisiana.
A true copy:
GEO. E. BOVEE,
Secretary of State. 
19
F.
AN ACT relative to the office of Attorney General, and directing the discon tinuance of certain proceedings before the Supreme Court of the United
States.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana in General Assembly convened: Whereas the Hon. A. P. Field has been duly promulgated as having been elected to the office of Attorney
Generalof this State;  *    *    *    *    *            and
whereas other persons are claiming to represent the State
of Louisiana in judicial proceedings: That the said A. P.
Field, and his legal successors, and those acting under him
or them, be alone authorized to institute or continue in the
name of the State of Louisiana any suit or judicial proceeding, and all other persons are prohibited from doing the
same.
*   *       *       *)      *       *       *
SEC. 2. Be it further enacted, etc., That the said A. P.
Field is authorized and instructed to discontinue any and
all proceedings instituted in the Supreme Court of the
United States by H. N. Ogden or any other person in the
name of the said State.
SEC. 3. Be itfzutther enacted, etc., That this act shall take
effect from and after its passage.
(Signed)          CRARLES W. LOWELL,
Speaker of the House of Representatives.
(Signed)          A. B. HARRIs,
President of the Senate, Acting Lieutenant Governor.
Approved December 10, 1872.
(Signed)          P. B. S. PINCHBACK,
Lieutenant Governor, Acting Governor
of the State of Louisiana.
A true copy:
GEORGE E. BOVEE,
Secretary of State.
G.
Constitution of the State of Louisiana.
ART. 52. No member of Congress or any person holding
office under the United States Government shall be eligible
to the office of Governor or Lieutenant Governor. 
20
Constitution of the State of California.
ART. 4, SEC. 21. No person holding any lucrative office
under the United States, or any other Power, shall be eligible to any civil office of profit under this State.
CASE.
Searcy v. Grow, (15 California Reports, 117):
The court, consisting of Chief Justice Stephen J. Field,
and Associate Justices Baldwin and Cope, say:
"The counsel for the appellant contends that the true
meaning of the constitution is, that the person holding the
federal office described in the 21st section is forbidden to take
a civil State office while so holding the other; but that he
is capable of receiving votes cast for him, so as to give him
a right to take the State office upon or after resigning the
federal office. But we think the plain meaning of the words
quoted is the opposite of this construction. The language
is not that a federal officer shall not hold a State office while
he is such federal officer, but that he shall not, while in
such federal office, be eligible to the State office.  We  understand the word'eligible' to mean capable of being
chosen-the subject of selection or choice.  The people in
this case were clothed with this power of choice; their selection of the candidate gave him all the claim to the office
which he has; his title to the office comes from their designati(on of him as sheriff. But they could not designate or
choose a man not eligible, i. e., not capable of being selected.
They might select any man they chose, subject only to this
exception, that the man they selected was capable of taking
what they had the power to give. We do not see how the
fact that he became capable of taking the office after they
had exhausted their power can avail the appellant.  If he
was not eligible at the time the votes were cast for him, the
election failed. We do not see how it can be argued, that
by the act of the candidate the votes which, when cast, were
ineffectual, because not given for a qualified candidate, became effectual to elect him to office. Can it be contended,
that if Grow had not been a citizen of the county or of the
State at the time of the election, or had been an alien at
that time, that the bare fact that he did so become a citizen
at the time he qualified would entitle him to the office?
Or suppose a man, when elected, under sentence and con
0 
21
viction for crime-if such a case can be supposed-would a
pardon before qualification give him a right to hold the
office? When the words of the constitution are plain, we
cannot go into curious speculation of the policy they meant
to declare. It may, however, have been a part of the policy
of the provision quoted to prevent the employment of federal
patronage in a State election."
H.
Act of May 31, 1870.
SEC. 23. And be it further enacted, That whenever any
person shall be defeated or deprived of his election to any
office, except elector of President or Vice President, Representative or Delegate in Congress, or member of a State Legislature, by reason of the denial to any citizen or citizens
who shall offer to vote of the right to vote on account of
race, color, or previous condition of servitude, his right to
hold and enjoy such office, and the emoluments thereof,
shall not be impaired byv such denial; and such person may
bring any appropriate suit or proceeding to recover possession of such office; and in cases where it shall appear that
the sole question touching the title to such office arises
out of the denial of the right to vote to citizens who so
offered to vote on account of race, color, or previous condition of servitude, such stiit or proceeding may be instituted in the circuit or district court of the United States of the
circuit or district in which such person resides. Anrd said
circuit or district court shall have, concurrently with the
State courts, jurisdiction thereof, so far as to determine the
rights of the parties to such office by reason of the denial of
the right guaranteed by the fifteenth article of amendment
to the-Constitution of the United States, and secured by this
act.  (Stat. at Large, Vol. XVI, p. 146.)
I.
By the decree or, rather, the interlocutory order of a United
States district judge, it is attempted, in spite of the overwhlelmning expression of the will of the people of the State,
to establish over the State of Louisiana a government consisting of a United States Senator for Governor, the Collector of a Port as the Lieutenant Governor, the United States
Treasurer for State Auditor, a Surveyor of the Port for 
22
President of the Senate, the Postmaster of New Orleans for
Speaker of the House, a Deputy Collector for Chairman of
the Finance Committee of the Legislature, and a Legislature composed principally of defeated candidates, most of
whom are in the employ and pay of the Federal Government.
J.
Extractfrom the Message of the Governor, of December 11, 1872.
It is scarcely necessary to state what is so well-known to
all of you, that the election recently held was fairly and
honestly conducted under the laws of the State, and that
the registration and the vote were both unusally full, the
latter being the largest ever cast in Louisiana.
The total vote for GovernDor, exclusive of the three parishes
of St. James, Terrebonne, and St. Tammany, from which
irregular and informal returns were received, amounted to
128,402, an increase of 21,860 on the vote of 1870. The
Republican vote, estimating and adding the three omitted
parishes at the same vote cast in 1870 (3,734,) is'only 2,461
below the vote cast for the Republican State ticket at the
last election, and it is well known that thousands of Republican voters throughout the State, at this election, supported
the Fusion ticket. The returns made by the State officers
were in due form, and these returns are the only official
evidence in existence of the vote at the late election. The
pretense of the agents selected by Senator Kellogg to promulgate an official falsification of the result, that they have
made a compilation of the votes, is only one of the bold and
audacious falsehoods by which every step of the conspirators
has been marked.  Those persons had no returis, no documents, no evidence of any kind in their possession, except
the statements made up by themselves and their allies for
the consummation of their fraudulent purposes. A comparison of the tabulated statement published by them with
the genuine returns, as previously published, shows that
they did their work in flagrant defiance of decency, and
without even an attempt to conceal their fraud and falsehood from the eyes of the public. The bill filed by Senator
Kellogg alleged simply a deficiency in his returned vote of
about 10,000, due to an alleged suppression of a portion of
votes actually cast and a refusal to register or to receive
another portion. The alleged suppression was totally false,
and was supported by no evidence whatever-not even the 
23
simulated cross-mark affidavits with which the conspirators
so liberally provided themselves in advance. The affidavits
f      ile                   d        by them amounted  to about 4,000  in number,  according                                 to their own  stateneent. If they had simply added this
number to the total, it would have given Senator Kellogg
64,233 votes, against 68,169 fbr McEnery, not enough to
show an apparent election, even including the vote fbr the
three omitted parishes. They therefore, without returns,
without testimony of any kind, without even adopting and
following any rational theory of computation, added the
enormous number of 12,675 to Senator Kellogg's vote, and
as                                   if to still further  insult the  intelligence of the public,
and still more flagrantly expose their own falsehood and
wickedness, they deliberately struck off 14,140 from the vote
cast for Mr. McEnery. The returns from the parish of Bossier
were, for McEnery 953, for Kellogg 555. They report for
Kellogg 1,159, for McEnery none. The vote of Natchitoches was for McEnery 1,250, for Kellogg 550. They report
for Kellogg 1,206, for McEnery none. In Assumption they
have added 504 to Kellogg's vote, and subtracted 454 from
McEnery. In Avoyelles they add 525 to Kellogg's             vote,
and subtract 454 from McEnery's. In East Baton Rouge
they add 1,343 to Kellogg's vote, and subtract 727 from
McEnery's. In De Soto they add 578 to Kellogg's vote,
and subtract 660 from McEnery's; in Plaquemine they add
1,129 to Kellogg's vote; in St. Landry they add 545 to
Kellogg's vote, and subtract 555 fiom McEnery's; in Vern        on,  where McEnery  has 669 votes, they allow him 112; in
Winn, where McEnery has 575 votes, they allow him 127;
in Washington, where McEnery has 453 votes, they allow
him 194; in St. Mary they add 300 to Kellogg's vote, and
subtract 500                              from McErery's;  in Union,  where McEnery
has 1,418 votes, they allow him 460; in Orleans they strike
between 3,000 and 4,000 from McEnery's vote; and in almost every parish they have made changes equally capricious and irrational, and returns equally false  and fraudul      e       n      t; and these are the men                 who based their suit at  law
upon the charge that the Governor and the returning offic        e        r        s          intended to falsify, to nmltilate, and to destroy the election returns. These returns are in existence; they retain
all                                 the integrity of their original form. They are unmutilated and unfalsified; they constitute the only evidence of
the late election that any law recognizes, or that any honest
judicial tribunal would accept. They have never been in
the hands of the conspirators, and yet these persons, pre
,f 
24
tending to act as public officials, have promulgated results
so monstrously at variance with the truth, that they seem
to court the notoriety of falsehood and to revel in the publicity of fraud.
K.
Extract from a report of the proceedings of the Legislature.
"HOUSE.-The House met at 12 m.  Seventy members
present. Mr. Sauer in the chair.
Mr. Demas introduced the following resolution, which
was adopted:
Whereas the Commnittee on Elections and Qualifications
of this House have, after due investigation, reported favorably upon the applications of W. H. Decker and Radford
R. Davis, Representatives fromin the Tenth Representative
District, parish of Orleans;
Whereas the said W. H. Decker and Radford R. Davis
are the only applicants for seats as Representatives elect to
this House;
And whereas the people of the Tenth and Eleventh
Wards of the parish of Orleans, comprising the said Tenth
Representative District, are now without representation or
voice in the Legislature of this State:
Resolved, That in consonance with the report of the Committee on Elections of this House, and in view of the fact
that the said Decker and Davis are the only applicants fobr
seats in this body, that the said Decker and Davis be and
they are hereby admitted to seats in this House, subject to
any contest which may be hereafter made."
The members elect denied seats by this resolution are
Messrs. James McConnell and James B. Eustis, who were
elected by overwhelming majorities, and whose election was
admitted by the Custom-house board, but who absented
themselves from the Legislature because of the illegality of
its proceedings.
The same action was taken by the Senate in reference to
Messrs. McMillen and Campbell.
How the right to seats in the Legislatutre is determined.
The following resolution, offered by Mr. Bryant, of East
Baton Rouge, was also adopted:
"Whereas the legal returning board, composed of Messrs.
Lynch, Lou gstreet, Bovee, and Hawkins, have carefully ex 
25
amined, counted, and officially promulgated the election
returns of members of the House of Representatives, elected
at a general election held on the 4th day of November,
1872: therefore, be it
Resolved, That the members so returned are hereby confirmed as the legal members of the House of Representatives of the State of Louisiana."
To the People of the North.
NEW ORLEANS, Dec. 13, 1872.
The undersigned representatives of houses in the North
doing business with the South, who have been visiting
New Orleans for many years past and at present, and are
thoroughly conversant with the political feelings of the
people of this section, wish to express our opinion at this
critical juncture of affairs.
Visiting New Orleans at a season when the city is usually full of activity and life, we find every channel of trade
paralyzed, the State House occupied by troops, the officers
of the State threatened and intimidated, and the people cast
into the deepest gloom by the arbitrary usurpation of power
and place by political adventurers, backed by a United
States judge, who has called in the assistance of United
States troops to execute his decrees.
After an election, which we believe to have been conducted as fairly and honestly as any in which the American people ever participated, finding themselves beaten by
a large majority of the votes of the citizens of this city and
State, this unscrupulous and irresponsible body of men have
resorted to trickery and violence to defeat the execution of
the will of the people as thus expressed.
Believing this action the greatest outrage every attempted
to be carried out in our country, and one which tends directly to the overthrow of the liberties of the people, and to
destroying the power and sacredness of the ballot-box, we
hereby enter our solemn protest against the high-handed
action, and appeal to our fellow-citizens of the North to
unite in protesting to Congress and the President, to the
end that the legally elected officers of the State may be installed in office, and the people of the community supported
in their efforts to exercise the right of franchise, that they
may redeem their State from the bankruptcy and ruin with
which it is now threatened through the action of these
nameless adventurers.
Charles A. Griffith, representing A.  D. Hopping & 
26
Wilson, 218 and 220 Washington street, New
York.
John D. Dargen, John G. McMurray & Co., 277 Pearl
street, New York.
George Lipsher, W. W. Easthamn, 129 Broad street,
Boston.
Thos. S. Darling, Detroit Watch Works, Detroit, Mich.
E. P. Briggs, H. & J. W. King, 80 Chambers street,
New York.
William C. Ilsley, Ilsley & Co., 254 Pearl street, New
York.
W. S. Ridgway, J. W. Gaff & Co., 11 Pub. Landing,
Cincinnati, Ohio.
John W. Poole, Wm. R. Warner & Co., 154 North
Third street, Philadelphia.
J. H. Hapgood, New York Brush Company, 254 Pearl
street, New York
Amos Patten, W. K. Lewis & Bros., 93 Broad street,
Boston.
George D. Strong, La Belle Glass Company, Bridge    port, Ohio.
E. N. Belt, of Cahn, Belt & Co., 32 West Lombard
street, Baltimore.
W. R. Bennett, Tilden & Co., New York.
B. F. Lieber, B. Lieber & Son, 111 and 113 South
Water street, Philadelphia.
E. H. Packer, Whittemore Bros., 579 Broadway, New
York.
E. H. Packer, Bachelore, Moore & Co., Boston.
E. H. Packer, M. & H. Shrienklieimn, New York.
FE. H. Packer, Corry & Hooper, Boston.
E. H. Packer, Bedford Chain Company, New York.
Alexander Torges, Jr., L. A. Strobel & Bros., Cincin    nati, Ohio.
A. Flesh, A. & D. Flesh & Co., Frankfort, Germany,
and 351 Broadway, New York.
W. G. Morse, New York city.
C. E. Knapp, D. P. Ketehum, New York city.
Frank Hegger, E. H. Van Ingen & Co., New York
city.
Douglas H. Duer, John Duer & Son, 24 South Charles
street, Baltimore.
William C. Mudge, H. B. Mudge, 95 West Second street,
Cincinnati.
E. C. Coolidge, John K. Coolidge & Co., 244 West
Second street, Cincinnati. 
27
Ed. V. Bermingham, John McKittrick & Co., 522
North Main street, St. Louis.
Edmund J. Godine, Wright Bros. & Co., 324 Broad    way, New York.
Gustave A. Jahn, Frederick Lyman & Co., 90 Wall
street, New York.
W. C. Simmons, Jr., Providence, R. I.
E. Maitland, T. W. Devoe-& Co., 115 and 117 Fulton
street New York.
A. Rutzer, Linseed Oil Company, 235 Pearl street, New
York.
D. Hirsch, of Hirsch & Co., 174 Water street, New
York.
Joe Harrison, Royal Chemical Company, 191 Duane
street, New York.
J. T. Burdeau, agent Mississippi Valley Transporta    tion Company, St. Louis, Mo.
R. E. Parker, agent McKesson & Robbins, 91 Fulton
street, New York.
T. Simmons, agent Joseph Schroeder & Co., Balimore,
Md.
John Butler, Austin Thorp & Co., New York.
Albert Ingard, Rubber Clothing Company, New York,
Chicago, St. Louis, and San Francisco.
John Butler, Jr., John Thompson & Co., New York.
Patrick J. McPhillips, W. H. Horstmann & Sons, New
York, Philadelphia, and Paris, France.
J. G. Case, General Superintendent Champion Cotton
Gin Company, 102 State street, Boston, Mass.
J. B. Goldstein, H. Block & Co., 23 and 25 East Sec    ond street, Cincinnati.
J. J. H. Hill, Bodenheim, Meyer &  Co., 149 Duane
and 9 Thomas street, New York.
Henry M. Woolf, Willard Felt & Co., New York.
George Felthlouse, samle, Cincinnati.
J. T. Sanford, Giles, Grales & Co., 13 Maiden Lane,
New York.
John G. Irish, Charles Lippincott & Co., 914 and 916
Filbert street, Philadelphia.
S. Y. D. Arrowsmith, Buckenham, Cole & Hall, 10
Maiden Lane, New York.
J. P. Todd, firm of W. S. De Van & Co., Cincinnati,
Ohio.
Nath. P. Snelling, Pearson Bros. & Co., Boston.
Alex. Lamnby, Paton & Co., New York. 
28
J. W. Blake, of Hall & Blake, 20 Courtlandt street,
New York.
U. F. Wilcox, John S. Dunham, 117 North Sixth st.,
St. Louis, Mo.
Samuel Friedman, 40 Maiden Lane, New York.
Charles Lee, Charles Lee, Boston, Mass.
D. Davies, of A. M. & R. Davies, 508 Broadway, New
York.
L. Wilkins, A. Henderson, 82 Water street, New York.
F. C. Rogers, of H. A. Rogers & Co., 50 and 52 John
street, New York.
W. N. Johnson, of Mills, Johnson & Co, Cincinnati.
Walter Lyon, St. Louis, Mo.
Editorial article of the New York Herald, of December 26, 1872.
IS THIS A REPUBLIC, AND IS'LOUISIANA ONE OF THE UNITED
STATES? -Either this is a republic or it is not.  Either the
States manage their own local affairs or they do not.
Whatever appearances may denote, we believe we are not
rash in assuming that the people of the United States do
live in a republic; further, we boldly quote the Constitution
and decisions of the Supreme Court to prove it incumbent
upon the United States "to guarantee to every State in the
Union a republican form of government." In other words,
every State is a republic within a republic. Now, as our
creed in the late civil war affirmed secession to be unlawful,
as we proved the right by our might on the battle-field,
Louisiana is in the Union, because she never was out of it,
and is entitled to a republican form of government, because
she is a State. Hence it follows that the imperial policy
being pursued towards her is an unwarrantable insult to a
conquered, law-abiding, free (?) people. Ignorance is a
two-edged sword. Negroes demoralized by designing leaders are no better than low whites demoralized; and what if
a legislature like that of Louisiana should become uncontrollable? Already its members are loud in their threats
against their defeated opponents.  May it not be possible
for them to turn upon their white instigators? We say this
not because negroes are black, but because these particular
negroes are from necessity totally uneducated, and have
been played upon ever since they had political power.
Undoubtedly it was a mistake in the Liberal Republicans
of Louisiana to dally with Warmoth in the late election.
*    *    *    *   In spite of their aversion they accepted 
29
his aid; but his is the power of the boomerang, and returns
to delay, if not to destroy, reform. Few of the New Orleans
committee but were his fierce opponents in the past, yet the
administration organ in this city intimates that they are
"really acting in the interest of Warmoth."  And what do
this committee ask-a committee representing such vital
interests as to draw around them thousands of citizens to
wish them "Godspeed" when, in a drizzling rain, they depart for Washington?  What  do they ask?  Anything
unreasonable? Why, their story is twice told, and yet we
shall repeat it again and again, in the hope of bringing the
North to its senses and Congress to its duty.
They ask the Federal Government to make a candid and
impartial investigation of the facts we have so often put
before our readers. They maintain, and we have every
reason to believe them, that they have not heretofore been
concerned in the controversies among the political classes
which  have endangered the peace and brought scandal
upon the State.  They picture two distinct governments
claiming sovereign jurisdiction, the United States and State
courts in direct conflict, Judge Dtrell, under color of the
enforcement act, overturning the entire State administration with one hand, while he seizes an opposition newspaper
with the other, plotting, we are told, for a nomination to
the federal Senate. No wonder that strong men weep; no
wonder that commercial travelers in New Orleans, representing more than thirty. New York houses, address a memorial to the people of the North, protesting against the
"arbitrary usurpation of power and place by political adventurers, backed by a United States judge, who has called
in the assistance of United States troops to execute his
decrees!"
- it was not treason that the Liberal Republican Governorelect preached. From all sides we learn that the State
election was peaceable. There was every evidence at first
of John McEnery's election, and that he should have asked
the President to suspend recognition of both governments
until there could be laid before him all the facts, seems
to us based upon far more sense of justice than Attorney
General Williams's immediate recognition of Pinchback,
who, with a roving commission from nobody, but supported
by federal bayonets, now legislates headlong out of office
whatever Senator or Assemblyman incurs his dread dis pleasure.
*       *  -            *        *       *        *       * 
80
We do not believe, nor do the committee believe, that
the President desires to tyrannize over the South. * *
General Grant asks for peace, and we contend that a peaceable union is utterly impossible so long as there is usurpation in any part of the country. Northern Republicans
disbelieve in the sincerity of Southern Unionists, and hence
are ready to support carpet-baggers. We assure them that
no disbelief ever had less foundation in fact, that no people
were ever more ready to accept the situation; but that the
best way to foster hatred and revolution is to carry out the
guerrilla warfare of adventurers like Pinchback. It is quite
possible for a negro or a northern man to be a rascal.  It is
quite possible for a southern man to be honest. Let honesty
prevail, and good government will ensue. Let Congress demand a thorough investigation, appointing investigators
without fear and without reproach, and Louisiana will be
satisfied. Her best people are not so much averse to Kellogg as they fear his Legislature. Let the election records
be closely scanned. Attorney General Williams admits
that there may have been I'irregularities in the registration and election."   "Irregularities" is a mild term for
tampering with the ballot-box, the egis of our liberty, and
comes with rare grace from the Attorney General of the
United States; but the admission is alone sufficient for
action, and if upon reassembling Congress does not hearken
to the voice of press and people, we shall believe that there
are things far more rotten here than in Denmark.