« AnteriorContinuar »
orders, see Ex. Doc. H. R. 91, 42d Cong., 3d Sess., my proclamation, making known the result of pp. 239-249.Ed.]
said election aforesaid, and command all officers
and persons within the State of Louisiana to Attorney General to U. S. Marshal. take notice of and respect the same.
DEPARTMENT OF JUSTICE, Dec. 3. “Given under my hand and the seal of the S. B. PACKARD, Esq., U. S. Marshal,
State this fourth day of December, A. D. 1872, New Orleans, Louisiana. land of the independence of the United States You are to enforce the decrees and mandates the ninety-seventh.
H. C. WARMOTH. of the United States courts, no matter by whom “ By the Governor: Y. A. WOODWARD, resisted, and General Emory will furnish you
“Assistant Secretary of State." with all necessary troops for that purpose.
Now, therefore, in order to prevent the furGEO. H. WILLIAMS, Attorney General.
ther obstruction of the proceedings in this cause,
and, further, to prevent a violation of the orders United States Collector to the President.
of this court, to the imminent danger of disturbNEW ORLEANS, Dec. 6.
ing the public peace, it is hereby ordered that the President GRANT:
marshal of the United States for the district of Marshal Packard took possession of state
Louisiana shall forthwith take possession of the
| building known as the Mechanics' Institute, and house this morning at an early hour with mili- |
occupied as the state-house for the assembling of tary posse, in obedience to a mandate of circuit court; to prevent illegal assemblage of persons
the Legislature therein, in the city of New Orunder guise of authority of Warmoth's return
leans, and hold the same subject to the further
order of this court, and meanwhile to prevent ing board in violation of injunction of circuit
| all unlawful assemblage therein under the guise court. Decree of court just rendered declares Warmoth's returning board illegal, and orders the
or pretext of authority claimed by, virtue of returns of the election to be forthwith placed be
pretended canvass and returns made by said fore the legal board. This board will probably
pretended returning officers in contempt and soon declare the result of the election of officers of
violation of said restraining order; but the State and Legislature, which will meet in state
marshal is directed to allow the ingress and
egress to and from the public offices in said buildhouse with protection of court. The decree was sweeping in its provisions, and if enforced will "8" per8048 eu
ing of persons entitled to the same.
E. H. DURELL, Judge. save the republican majority and give Louisiana
New ORLEANS, LOUISIANA, December 5, 1872, a republican Legislature and State government, and check Warmoth in his usurpations. Warmoth's democratic supporters are becoming dis Restraining Order of U. S. Court. gusted with him, and charging that his usurpa- Circuit court of the United States, district of tions are ruining their cause. "Jas. F. CASEY.
Louisiana, in equity. ,
Wm. Pitt Kellogg, complainant, “ Mandate" of U. S. Court.
Henry C. Warmoth, Jack WharCircuit court of the United States, fifth circuit
ton, Frank H. Hatch, Durant | No. 6830.-Order enand district of Louisiana, in equity-No. 6830. Da Ponte, and John McEnery, tered December 6, William P. Kellogg vs. H. C.Warmoth et als.
and The New Orleans Repub 1872.
lican Printing Company, den ! Whereas Henry C. Warmoth, one of the respond fendants. ents herein, has, in violation of the restrain
This cause having come on for hearing on the ing order herein, issued the following proclama
complainant's motion for writs of injunction tion and returns of certain persons claiming to
pendente lite, and for other interlocutory orders be a board of returning officers, all in violation
prayed for in complainant's bill and amended bill and contempt of the said restraining order, as of complaint, and the court having considered follows, viz:
the pleadings, affidavits, and exhibits filed in “PROCLAMATION.
the cause, and having heard counsel as well for "STATE OF LOUISIANA, EXECUTIVE DEPARTMENT, the complainant as for said defendants, and the
“New Orleans, Dec. 4, 1872. court having considered the premises, it is or"Whereas P. S. Wiltz, Gabriel D. Feriet, deredThomas Isabelle, J. A. Taylor, and J. E. Aus- That the said defendant, Henry C. Warmoth, tin, returning officers appointed by the Governor during the pendency of this cause, be, and he to fill vacancies existing, in accordance with the hereby is, until the further order of this court, constitution and laws of the State of Louisiana, enjoined, inhibited, and restrained from in any have made declaration of the result of an elec- manner, either directly or indirectly, considering tion held November 4, 1872, and have declared or pretending to consider, or canvass any statecertain persons elected to the Senate and House ment, certificate, or return of any supervisor or of Representatives of the State of Louisiana, as assistant supervisor of registration, or any office will appear from the returns herewith attached having any duties to perform about or concernand made a part of this proclamation; and ing an election held on the fourth day of Novem
“ Whereas such returns are compiled from the ber, A. D. 1872, in the State of Louisiana, or official returns of commissioners of election and relating to any yotes or ballots cast at said elecsupervisors of registration, on file in this office, tion, except in the presence of John Lynch, and are in fact and in form accurate and correct, Jacob Hawkins, James Longstreet, and George and made in accordance with law :
E. Bovee, a board of returning officers for said “Now, therefore, I, Henry Clay Warmoth, election; and that he do further desist and reGovernor of the State of Louisiana, do issue this frain from submitting or allowing to be sub
mitted, or from aiding or assisting in the sub-1 And in order that the evidence relating to mission to the defendants, Frank Hatch, Jack said election may be perpetuated and preserved, Wharton, Durant Da Ponte, or any other person that it may be of avail upon the hearing of this or persons whatsoever, other than the said Haw- cause, and in any cause which the said complainkins, Bovee, Lynch, and Longstreet, any paper, ant may hereafter be compelled to institute and document, affidavit, statement of votes, return prosecute to test or determine his right to the of officers of election, or other proof in any man- office of Governor of said State, and in order ner relating to said election, and from allowing that public inconvenience may not result thereany other person or persons whatsoever, other from, it is further ordered that the said Henry than those in this order excepted, whether pre-C. Warmoth do forthwith and without delay tending to act as returning officers, or in any deliver unto the said returning officers, John other capacity, to inspect, consider, have access Lynch, George E. Bovee, Jacob Hawkins, and to, canvass, or tamper with any paper, document, James Longstreet, each and every paper, docaffidavit, statement of votes, returns or written ument, affidavit, tally-sheet, list, sworn stateproof relating to said election or to the fairness ment, certificate, letter, communication, or proof and correctness thereof, that may hare hereto- which he has or may have in his possession, or fore or may bereafter come into his hands or which may hereafter come into his possession possession, and which, by law, should properly from any supervisor or assistant supervisor of be laid before, submitted to, or considered by registration or election, or any officer or person, such returning officers of election in making a commissioner or commissioners, in any manner canvass thereof. And that the said defendant, concerned in the conduct, control, management, H. C. Warmoth, be further enjoined and inbib- or direction of said election, held on the fourth ited from altering, suppressing, mutilating, de- day of November, A. D. 1872, in any manner stroying, or secreting any such document, proof, relating to said election, or any voting or ballots or paper. And that he further desist and be cast at said election or in any manner relating enjoined from in any manner interfering with, thereto, in order that they may consider, canobstructing, or hindering the said Lynch, Long-vass, and make due return thereof, as required street, Bovee, and Hawkins, or either of them, by law; and when the same are no longer refrom full and complete access to, as well as cus- quired for the purpose of said canvass, it is tody of, all such documents, papers, and proofs ordered that the said defendant, H. C. Warrelating to said election, as he may or shall have motb, do thereafter immediately file and deposit in his possession, custody, or control, or as they the same with the clerk of this court, there to shall or may demand, either by refusing to deliver remain until true, accurate, and complete atsuch documents or proofs to them, or either of tested copies thereof be made by the clerk, subthem, or by any suit or proceeding instituted ject to the direction of the court. with the intent to hinder, delay, or obstruct them in the performance of their duty as return. Iniunction of U. S. Court, referred to above, ising officers. “And that he be further restrained and enjoined from issuing commissions to any
sued December 6, 1872. persons based upon any calculation, deduction,
Circuit court of the United States, fifth circuit or pretended canvass of ballots cast at said elec
and district of Louisiana. tion, or make, pablish, sign, or deposit in the
Wm. Pitt Kellogg office of the Secretary of State, or in any other Henry C. Warmoth, Jack Wharton, Frank public office, or cause to be so deposited, any H. Hatch, Durant Da Ponte, John Mcdocument, statement of persons elected to any Enery, and the New Orleans Republican offices or positions of trust at said election, and
| Printing Company from giving any effect to the same if already | The President of the United States, greeting : filed and deposited, unless the same be with the Whereas it has been represented to us in our concurrent action and lawfully given consent of said circuit court on the part of William P. Kelthe said Lynch, Hawkins, Bovee, and Long- logg, by his bill of complaint lately exhibited street, or a majority thereof, or of a sufficient against you and each of you, touching certain number of them to constitute a majority of a matters and things therein set forth: board of returning officers, acting as such re- Now, therefore, in consideration of the premturning officers.
ises and of the allegations in said bill contained, And it is further ordered that the said defend- you, the said above named defendants, your atants, Jack Wharton, Frank H. Hatch, Durant torneys, and each of you, are hereby commanded Da Ponte, and the New Orleans Republican and strictly enjoined, under the penalty of the Printing Company, until the final hearing of law, that you absolutely refrain and desist durthis cause, or until the further order of the court, ing the pendency of this cause, until the further be severally and respectively enjoined and re-order of this court, from in any manner, either strained to the same extent, effect, and manner directly or indirectly, considering or pretending as said complainant has in his said bill of com to consider, or canvass any statement, certificate, plaint prayed they may severally and respect- or return of any supervisor or assistant superively be restrained. And that writs of injunc- visor of registration, or any officer having any tion in due form of law issue against the said duties to perform about or concerning an election defendants, in accordance with the terms of this held on the 4th day of November, 1872, in the order. And that the returning order heretofore State of Louisiana, or relating to any votes or issued and allowed in this cause continue in full ballots cast at said election, except in the pres. force and effect, until the court shall otherwise ence of John Lynch, Jacob Hawkins, James order.
Longstreet, and George E. Bovee, a hoard of re
turning officers for said election, or from submit. And that writs of injunction in due form of ting or allowing to be submitted, or from aiding law issue against the said defendants in accordor assisting in the submission to the said defendance with the terms of this order. ants, Frank H. Hatch, Jack Wharton, Durant And that the restraining order heretofore issued Da Ponte, or any other person or persons what. and allowed in this cause continue in full force soever, other than the said Hawkins, Bovee, and effect until the court shall otherwise order. Lynch, and Longstreet, any paper, document, Witness the Honorable Salmon P. Chase, Chief affidavit, statement of votes, return of officers of Justice of the Supreme Court of the United States, election, or other proof in any manner relating at the city of New Orleans, this 6th day of Deto said election, and from allowing any other cember, in the year of our Lord 1872. person or persons whatsoever, other than those (SEAL.]
F. A. WOOLFLEY, Clerk. in this order excepted, whether pretending to act as returning officers, or in any other capacity,
Marshal's Return. to inspect, consider, have access to, canvass, or Received December 7, 1872, by the United tamper with any paper, document, affidavit, States marshal, and on the same day, month, statement of votes, return, or written proof re- and year served the within-named persons with lating to said election, or to the fairness and cor- a copy of this injunction, as follows: On H. C. rectness thereof, that may have heretofore or may Warmoth, by handing the same to him in person hereafter come into his hands or possession, and at the Saint Charles Hotel, in this city , Jack which by law should properly be laid before, Wharton, same day, month, and year, served the submitted to, or considered by such returning within injunction by handing the same to him in officers of election in making a canvass thereof; person at the Saint Charles Hotel, in this city; and that the said defendant, H. C. Warmoth, be on Durant Da Ponte, same day, month, and year, further enjoined and inhibited from altering, by handing the same to him in person in this suppressing, mutilating, destroying, or secreting city; on Frank H. Hatch, same day, month, and any such document, proof, or paper.
year, by handing the same to him in person in And that he further desist and be enjoined this city; on the New Orleans Republican, Defrom in any manner interfering with, obstruct-cember 9, 1872, by handing the same to W. R. ing, or hindering the said Lynch, Longstreet, Fish, president of said paper. C. R. STEELE, Bovee, and Hawkins, or either of them, from
Deputy United States Marshal. full and complete access to, as well as custody of, such documents, proof, or paper.
United States of America, circuit court of the And that he further desist and be enjoined United States, fifth circuit and district of from in any manner interfering with, obstruct- Louisiana. ing, or hindering the said Lynch, Longstreet, CLERK'S OFFICE: Bovee, and Hawkins, or either of them, from full 1, Francis A. Woolfey, clerk of the circuit and complete access to, as well as custody of, court of the United States for the fifth circuit such documents, papers, and proofs relating to and district of Louisiana, do hereby certify that said election, as he may or shall have in his pos- the foregoing 115 pages contain and form a full, session, custody, or control, or as they shall or complete, true, and perfect transcript of the recmay demand, either by refusing to deliver such ord and proceedings had, except entries from the documents or proofs to them, or either of them, minutes of continuances, &c., in the case of Wilor by any suit or proceeding instituted with the liam P. Kellogg vs. H. C. Warmoth et als., No. intent to hinder, delay, or obstruct them in the 6830 of the docket, so far as the same now remain performance of their duty as returning officers : of record or on file in said court. and that he be further restrained and enjoined Witness my hand and the seal of said court, at from issuing any commissions to any persons the city of New Orleans, this 3d day of January, based upon any calculation, deduction, or pre- A. D. 1873. (Nine words erased. Eight words tended canvass of ballots cast at said election, or interlined.) Approved. make, publish, sign, or deposit in the office of the (SEAL.]
F. A. WOOLFLEY, Clerk. Secretary of State, or in any other public office, or cause to be so deposited, any document, state United States Marshal to Attorney General. ment of persons elected to any offices or positions
NEW ORLEANS, December 6, 1872. of trust at said election, and from giving any Attorney General WILLIAMS : effect to the same, if already filed and deposited, Returning board provided by election of sevunless the same be with the concurrent action enty under which election was held and which and lawfully given consent of the said Lynch, United States court sustains, promulgated in Hawkins, Bovee, and Longstreet, or a majority official journal this morning result of election of thereof, or of a sufficient number of them to con- Legislature: House stands seventy-seven Repubstitute a majority of a board of returning officers. licans, thirty-two Democratic; Senate twenty
And it is further ordered that the said defend- eight Republicans, eight Democratic. Board ants, Jack Wharton, Frank H. Hatch, Durant counted ballots attached to affidavits of colored Da Ponte, and the New Orleans Republican persons wrongfully prevented from voting, filed Printing Company, until the final hearing of with chief supervisor. S. B. PACKARD, this cause, or until the further order of the
U. S. Marshal. court, be severally and respectively enjoined and restrained to the same extent, effect, and United States Marshal to Attorney General. manner as said complainant has in his bill of
New ORLEANS, December 9. complaint prayed they may severally and re- Hon. Geo, H. WILLIAMS, Attorney General: spectively be restrained.
| Returning board has officially promulgated in
official journal this morning the result of the I lency the following concurrent resolution of election for State officers. Kellogg's majority both Houses of the General Assembly, and to eighteen thousand eight hundred and sixty-one. request an early reply: S. B. PACKARD, U. S. Marshal. | Whereas the General Assembly is now con
vened, in compliance with the call of the Gov. NEW ORLEANS, December 9. ernor, and certain evil-disposed persons are Hon. GEO. H. WILLIAMS, Attorney General: reported to be forming combinations to disturb
Lieutenant Governor Pinchback qualified and the public peace, defy the lawful authority, and took possession of the Governor's office to-night. the State is threatened with violence: therefore Senate organized as high court of impeachment, “Be it resolved by the Senate and House of Chief Justice Ludling presiding, and adjourned Representatives of the State of Louisiana in Gen. to meet Monday next. It is believed that all eral Assembly convened, That the President of the Democrats, members of General Assembly, the United States be requested to afford the prowill qualify and take seats to-morrow.
tection guaranteed each State by the ConstituS. B. PACKARD, U. S. Marshal. tion of the United States when threatened with
domestic violence, and that the presiding officers NEW ORLEANS, December 9. l of the General Assembly transmit this resolution Hon. Geo. H. WILLIAMS, Attorney General: immediately, by telegraph or otherwise, to the
Senate, by vote of seventeen to five, have re-President of the United States.
P. B. S. PINCHBACK,
CHAS. W. LOWELL,
Speaker of the House of Representatives.
NEW ORLEANS, December 10. vided by constitution, and counted vote for Gov. President U. S. GRANT: ernor and Lieutenant Governor; Kellogg and Pursuant to advertisement, democratic indig. Antoine decided elected. S. B. PACKARD, nation meeting was held at noon. Inflammatory
U. S. Marshal. appeals were made in circulars, and incendiary NEW ORLEANS, Décember 9,
language used by some of the speakers, but I do Hon. Geo. H. WILLIAMS, Attorney General:
not regard any outbreak imminent. That my General Assembly returned by legal board is
course is approved by the vast majority of the now organized at state-bouse. Senate has pres
honest citizens is beyond doubt.
P. B. S. PINCHBACK, ent twenty Republicans, eight Democrats; House
Lieutenant Governor, Acting Governor. fifty Republicans and fourteen Democrats ; about half Warmoth's members participating. State Su
U. S. Marshal to Attorney General. preme Court has sent Elmore, Warmoth's usurping judge of the eighth district court, to jail ten
NEW ORLEANS, December 11. days for contempt, and his clerk five days, and
Hon. Geo. H. WILLIAMS, Attorney General: fifty dollars each. All quiet.
The Warmoth Legislature are now in session S. B. PACKARD, U. S. Marshal.
at the city hail, in defiance of the restraining
order of the court. NEW ORLEANS, December 9.
S. B. PACKARD, U. S. Marshal. Hon. GEO. H. WILLIAMS, Attorney General: Governor Warmoth has been impeached by
U.S. District Atlorney to Attorney General. vote of fifty-eight to six. Warmoth's Legisla
NEW ORLEANS, December 11. ture returned by his board has made no pre- Hon. GEO. H. WILLIAMS, Attorney General: tence of a session.
S. B. PACKARD, Condition of affairs disturbed. Warmoth, L U . S. Marshal. although impeached and suspended, has issued
a proclamation against Governor Pinchback and Acting Governor Pinchback to the President. New ORLEANS, December 9.
the Legislature, likely to cause a collision, unless President GRANT:
prompt action is taken by the Government. The Having taken the oath of office and being in
question is now political, with no doubt as to the possession of the gubernatorial office, it de
the executive status of Governor Pinchback and
the Legislature convened last Monday, and now volves upon me to urge the necessity of a favor- 1
Jin session at the state-house. able consideration of the request of the General Assembly as conveyed in the concurrent resolu.
J. R. BECKWITH, U. S. Attorney. tion of this day telegraphed to you, requesting the protection of the United States Government.
U.S. Marshal to Attorney General. Be pleased to send the necessary orders to Gen
NEW ORLEANS, December 11. eral Emory. This seems to me a necessary Hon. G. H. WILLIAMS, Attorney General: measure of precaution although all is quiet here. Evening Times of Saturday gives names of P.B.S. PINCHBACK, Lieutenant Governor, seventy-four pretended Senators in Warmoth's Acting Governor of Louisiana. Senate. At its organization at city hall, to-day.
six out of that number were not present, but NEW ORLEANS, December 9. falsely reported so. Eleven out of the twentyWe have the honor to transmit to your excel- | four were returned defeated by the returning board, leaving only seven bona fide Senators, of your dispatch. May I suggest that the comdemocrats and liberals, actually present sitting manding general be authorized to furnish troops as a quorum of the thirty-six Senators of Louis- upon my requisition upon him for the protection iana. S. B. PACKARD, U. S. Marshal." of the Legislature and the gubernatorial office.
The moral effect would be great, and in my NEW ORLEANS, December 11. ljudgment tend greatly to allay any trouble Hon. Geo. H. WILLIAMS, Attorney General: likely to grow out of the recent inflammatory
Warmoth has just issued two proclamations, proclamation of Warmoth. I beg you to be published in Extra Times, one declaring legis- lieve that I will act in all things with discretion. lation of state-house illegal, and warning all
P. B. S. PINCHBACK, officers to resist, and that he will resist its author
Lieutenant Governor, Acting Governor. ity with all the power of the State; the other declaring the city hall to be the state-house,
U. S. Collector to the President. where he says he will discharge the duties of
NEW ORLEANS, December 11. Governor. The pretended members of Legisla President GRANT: ture returned by Warmoth's canvassing board
Parties interested in the success of democratic are now in session at city hall. Warmoth's
party, particularly the New Orleans Times, are message is being read.
making desperate efforts to array the people Š. B. PACKARD, U. S. Marshal.
against us. Old citizens are dragooned into an
opposition they do not feel, and pressure is Governor Warmoth to the President.
hourly growing; our members are poor and adNEW ORLEANS, December 11. ' versaries are rich, and offers are made that are The PRESIDENT OF THE UNITED STATES :
difficult for them to withstand. There is danUnder an order from the judge of the United ger that they will break our quorum. The deStates district court, investing James Longstreet, lay in placing troops at disposal of Governor Jacob Hawkins, and others with the powers and Pinchback, in accordance with joint resolution duties of returning officers under State election of Monday, is disheartening our friends and law, and charging them with the duty of com- cheering our enemies. If requisition of Legislapleting the legal returns and declaring the re- ture is complied with, all difficulty will be dissisult in accordance therewith, those persons have pated, the party saved, and everything go on promulgated results based upon no returns what- smoothly. If this is done the tide will be ever, and no evidence, except ex parte state turned at once in our favor. The real underlyments. They have constructed a pretended ing sentiment is with us, if it can but be enGeneral Assembly, composed mainly of candi- couraged, Governor Pinchback acting with dates defeated at the election, and those candi
great discretion, as is the Legislature, and they dates, protected by United States military forces, will so continue. Jas. F. Casey, Collector. have taken possession of the state-house, and have organized a pretended Legislature, which
Governor-elect Kellogg to the President. to-day has passed pretended articles of impeach
NEW ORLÉANS, 11th. ment against the Governor; in pursuance of
Hon. Geo. H. WILLIAMS: which the person claiming to be Lieutenant
If President in some way indicate recogniGovernor, but whose term had expired, proclaimed himself Acting Governor, broke into the
tion, Governor Pinchback and Legislature would executive office, under the protection of United
settle everything. Our friends here acting disStates soldiers, and took possession of the arch
W. P. KELLOGG. ives. In the meantime the General Assembly has met at the city hall, and organized for busi
U.S. Collector to the President. ness with sixty members in the House and
NEW ORLEANS, 11th. twenty-one in the Senate, being more than a
President GRANT: quorum of both bodies. I ask and believe that
Democratic members of Legislature taking no violent action be taken, and no force used by their seats. Most, if not all, will so in next few the Government, at least until the Supreme
days. Important that you immediately recogCourt shall have passed final judgment on the
niže Governor Pinchback's Legislature in some case. A full statement of the facts will be laid ! manner, either by instructing General Emory to before you and the Congress in a few days. comply with any requisition by Governor PinchH. C. WARMOTA, Governor of Louisiana. I back, under joint resolution of Legislature of
Monday, or otherwise. This would quiet matThe Attorney General to Acting Governor Pinch- ters much. I earnestly urge this and ask a back. reply.
JAMES F. Casey. DEPARTMENT OF JUSTICE, December 11. P. B. S. PINCHBACK, Acting Governor of La.. l
Messrs. Kellogg and Casey to the President. Requisition of Legislature transmitted by you
NEW ORLEANS, December 11. is received. Whenever it becomes necessary in President GRANT: the judgment of the President the State will be Warmoth has issued a proclamation declaring protected from domestic violence.
that his Legislature has assembled in city-hall. Geo. H. WILLIAMS, Attorney General.. Not any of the regular republican members were
present. In order to make a question in Senate, NEW ORLEANS, December 11. The published the names of four regular repubHon. Geo. H. WILLIAMS, Attorney General: lican Senators as being present, but were in
I have the honor to acknowledge the receipt | regular Legislature at capitol. His Legislature