Imágenes de páginas

is composed mainly of persons never returned as

Mr. Adams to the President. elected. There is danger of a collision, which

NEW ORLEANS, December 12. can be avoided and quiet restored, by an imme- His Excellency U. S. Grant, diate compliance with requisition of regular

President of the United States : Legislature made to you on Monday. Governor Sir: As chairman of a committee of citizens Pinchback has received no response to this re- appointed under authority of a mass meeting quisition, which has encouraged Warmoth to recently held in this city, I am instructed to in. believe that it has been denied. We earnestly form you that said committee is about leaving request that, in view of the impending danger here for Washington to lay before you and the of collision, that the requisition be complied Congress of the United States the facts of the with. There is a quoruin of both Houses of political difficulties at present existing in this regular Legislature now in session at capitol.

State, and further earnestly to request you to WM. P. KELLOGG. delay executive action on the prernises until after JAS. F. CASEY. the arrival and hearing of said committee, which

i is composed of business and professional men

without regard to past political affiliations. United States Collector to the President.

Thomas A. ADAMS, Chairman. NEW ORLEANS, December 12. President Grant:

The Attorney General to Acting Gov. Pinchback. The condition of affairs is this: The United

DEPARTMENT OF JUSTICE, December 12. States circuit court has decided which is the legal board of canvassers. Upon the basis of that de. Aching Governo

| Acting Governor PINCHBACK, cision a Legislature has been organized in strict

New Orleans, Louisiana : conformity with the laws of the State, Warmoth

Let it be understood that you are recognized

by the President as the lawful executive of Louimpeached, and thus Pinchback, as provided by

isana, and that the body assembled at Mechanics' the constitution, became Acting Governor. The

Institute as the lawful Legislature of the State, Chief Justice of the Supreme Court organized the Senate into a court of impeachment, and Asso

and it is suggested that you make proclamation ciate Justice Tallifeiro administered oath to

to that effect, and also that all necessary assist

ance will be given to you and the Legislature Governor Pinchback. The Legislature, fully

herein recognized to protect the State from disorganized, has proceeded in regular routine of business since Monday. Notwithstanding this,

order and violence. Geo. H. WILLIAMS, Warmoth has organized a pretended Legislature.

Attorney General, and it is proceeding with pretended legislation.

The Attorney General to Mr. McEnery. A conflict between these two organizations may at any time occur. A conflict may occur at any

DEPARTMENT OF JUSTICE, December 13. hour, and in my opinion there is no safety for Hon. John McEnERY, the legal government, without the Federal troops

New Orleans, Louisiana : are given in compliance with the requisition of Your visit with a hundred citizens will be unthe Legislature. The Supreme Court is known availing, so far as the President is concerned. to be in sympathy with the republican State His decision is made and will not be changed, government. "If a decided recognition of Gov. and the sooner it is acquiesced in the sooner ernor Pinchback and the legal Legislature were good order and peace will be restored. made, in my judgment it would settle the whole

Geo. H. WILLIAMS, Attorney General. matter. General Longstreet has been appointed, by Governor Pinchback, as adjutant general of Sundry Republicans to the Attorney General. State mililia. JAMES F. CASEY.

New ORLEANS, December, 13. Hon. Geo. H. WILLIAMS, Attorney General U.S.

The entire republican party of this State thank Acting Governor Pinchback to the President.

the President and yourself for action of yesterNEW ORLEANS, 12th. day in recognizing the legal and constitutional President U, S. GRANT:

State government. This action has prevented In view of the fact that H. C. Warmoth, as the consummation of the most barefaced and suming to act as Governor after having been outrageous election frauds. Every indication impeached and suspended from his office of Gov. points to quiet and good order. The bogus Legisernor in strict compliance with the court and lature of* Warmoth has adjourned sine die. laws of this State, has issued a proclamation Police reported last night to Governor Pinchdeclaring himself as still Governor of the State, back.

WM. P. KELLOGG, and has assumed to convene an illegal body of

C. B. DARRALL, men styling themselves a Legislature, thus en

B. F. FLANDERS, dangering the public peace and tranquillity, and

CHAS. CLINTON, threatening domestic violence, I respectfully re

Jas. F. Casey, quest that the commanding officer of this depart

E. C. BILLINGS, ment be instructed, in compliance with the

JNO. KAY, and many others. requisition of the Legislature, to aid and assist me in maintaining the public peace and pro U.S. Marshal to the Attorney General. tection and sustaining the legal State govern

NEW ORLEANS, December 13. ment.


Warmoth's pretended Legislature has adjourn-
Acting Governor of Louisiana. led sine die S B. PACKARD, U. S. Marshal.

Mr. McEnery to the President.

The President's order to General Emory. NEW ORLEANS, 12th, 1872.

WASHINGTON, December 14. His Excellency U. S. GRANT,

General W. H. EMORY, U. S. A.,
President United States:

Commanding New Orleans, Louisiana: Claiming to be Governor-elect of this State. Il You may use all necessary force to preserve beg you, in the name of all justice, to suspend the peace, and will recognize the authority of recognition of either of the dual governments

Governor Pinchback. now in operation here, until there can be

By order of the President. laid before you all facts, and both sides, touching

E. D. TOWNSEND, Adjutant General. legitimacy of either government. The people denying the legitimacy of Pinchback govern

General Emory to the Adjutant General. ment and its Legislature, simply ask to be heard,

NEW ORLEANS, December 14. through committee of many of our best citizens To the ADJUTANT GENERAL U. Š. A.: on eve of departure for Washington, before you on the receipt of your telegram last night, an recognize the one or the other of said govern- officer was sent to the contesting parties to ask ments. I do not believe we will be condemned the evacuation of the arsenal and the dispersion before we are fully heard. Jno. MCENERY. of the armed forces. The demand was promptly

complied with and the arsenal turned over to

the State authorities this morning. Everything Acting Gov. Pinchback to the President.

now is quiet.

W. H. EMORY, NEW ORLEANS, December 14. Colonel Commanding, Brevet Major General. President U.S. GRANT, Washington, D. C.:

Louisiana field artillery, four Napoleon guns, Acting Governor Pinchback to the President. two companies infantry, armed with Winchester

NEW ORLEANS, January 3, 1873. rifles, numbering five hundred men, nearly all To President GRANT: the militia force acting under the command of H. Several persons who claim to have been elected C. Warmoth, stationed in the State armory, with to the Legislature, in conjunction with H. C. arms loaded, are in open mutiny and disobedi- Warmoth, the impeached and suspended execuence of the civil and military authorities of the tive, and John McEnery, late democratic candiState government. They have been repeatedly date for Governor, propose to meet in this city commanded to lay down their arms. A large on next Monday, and organize a so-called Genarmed police force, under the command of General Assembly, in conflict with the Legislature eral A. S. Badger, of the State militia, has been now in session at the state-house, and to inauguordered to take the position. General Badger rate said McEnery as Governor. To prevent a' reports the position too strong for his force ; subversion of the present Ştate government and they offer to surrender to any United States to suppress riot, it may be necessary for me, as military force. I have sent a copy of the dis- executive, to use police or other forces to prepatch from the Attorney General, dated the 12th vent this revolution movement, and, in my instant, to the commanding general of this de- judgment, under present orders, as contained in partment, calling upon him for a military force, the telegrams to General Emory from the Presi. for the purpose of suppressing this mutiny. He dent, he would be authorized to furnish troops has refused to comply with my demand, and to sustain the State government. I have just alleges a want of proper authority in the premi- ascertained that General Emory construes the ses. I would respectfully request, in compliance orders already given to have been intended only with the requisition of the Legislature, that you for the particular occasion upon which they were place a military force at my disposal, in order issued, and unless further instructions are given to enable me to suppress this armed revolt and he will decline responding to my demands for execute the laws. P. B. 8. PINCHBACK, troops, and will interfere only in case of actual Lieut. Governor, Acting Governor Louisiana. riot. I respectfully request that the order be

repeated, or extended, so as to fully cover the

case, if maintenance of the State government Colonel Emory to the Adjutant General.

and good order require me to make the demand NEW ORLEANS, December 13. on him.


Acting Govenor of Louisiana. There is imminent danger of immediate conAlict between two armed bodies of men of some General Sherman to Colonel Emory. considerable numbers, one body of State militia, HEADQUARTERS ARMY OF THE UNITED STATES, representing Governor Warmoth, holding an

WASHINGTON, January 4. arsenal; the other an armed body of police, Colonel W. H. EMORY, representing Governor Pinchback. I have been commanding Department, New Orleans: appealed to to interfere. Shall I do so; and if Your dispatch, through General McDowell, I interfere, to which party shall the arsenal be has been laid before the War Department and delivered? The parties are face to face with the President, and you are hereby authorized to arms in their hands. I beg an immediate an- use your troops to preserve peace, should a conswer. I sent an officer to try what can be done tingency arise which in your judgment calls by persuasion to suspend the conflict until an for it. answer can be received. There will be no resist

By command of General SHERMAN. ance to the Federal forces. W. H. EMORY,

Colonel Commanding.

Assistant Adjutant General.

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Attorney General to U. S. Marshal.

New ORLEANS, January 6. [Private.)

JANUARY 4. GEO. H. WILLIAMS, Attorney General:
S. B. PACKARD, U. S. Marshal, New Orleans:


Warmoth Legislature in session at Odd-FelI think there ought to be nó forcible interfer- / lows' Hall without a quorum. City council. ence with any proceedings to inaugurate Mc-democratic, by resolution, excluded the so-called Enery, if they are not accompanied by violence,

Legislature from Lyceum Hall, the place desigand there is no attempt to take control of the

nated by Warmoth as state-house. Large crowd State government.

in front of Odd Fellows' Hall, but all quiet. I Attorney General.

believe the purpose of State authorities not to

interfere with the assemblage so long as no overt From Attorney General of Louisiana.

acts are committed to overthrow State govern

ment. New ORLEANS, January 5.


Colonel Emory to General Sherman.
Attorney General U. 8.:
Members of Legislature returned as elected by

NEW ORLEANS, January 6. the State board, recognized by Governor War

| To General W. T. SHERMAN, moth before the assemblage of the body at

Commanding the Army: Mechanics’ Institute, are compelled to meet to

The day passed quietly; no disturbance whatmorrow under our constitution, in order to pre

ever. W. H. Emory, Colonel Commanding. serve their status. Their assemblage will be peaceable, without arms, and with no purpose

The Attorney General to U. 8. Marshal. of aggression, but simply to organize.

DEPARTMENT OF JUSTICE, The organization presided over by Pinchback

WASHINGTON, January 6. has threatened violent interference, from which S. B. PACKARD, U. S. Marshal, New Orleans: serious trouble may arise. That organization. The report of the committee of two hundred, derives its authority from the attitude of the that the President regards his recognition of the Federal Executive, and will be controlled by the existing government as provisional and tempoPresident.

rary, is not true. The recognition is final, and We trust that he will discountenance interfer- will be adhered to, unless Congress otherwise ence with this assemblage, which has a lawful provides.

GEO. H. WILLIAMS, object, and is rendered necessary by the situation.

Attorney General. Please see the President immediately. H. N. OGDEN, Attorney General, Louisiana. Colonel Emory to General Sherman.

760 Colonel W. D. WHIPPLE, The President's order thereupon.

Assistant Adjutant General: HEADQUARTERS ARMY OF THE UNITED STATES, As Mr. Kellogg has been declared by Governor WASHINGTON, January 5.

Pinchback and the Legislature which he recogColonel W. H. EMORY,

nizes, as the Governor elect of Louisiana, I preCommanding Department, New Orleans: sume it is intended by my instructions that I shall The following orders are just received, and also recognize him, and shall accordingly do so you will promptly act in conformity thereto:

unless otherwise instructed. Addressed letters - "EXECUTIVE MANSION,

to the General commanding Army on 8th and “WASHINGTON, D. C., January 5, 1873.

9th instant, but they may not reach in time for “GENERAL: The President directs that Gen.

action. The situation is becoming more complieral Emory be telegraphed immediately that he

cated, and, in my opinion, the use of the troops inform Governor Pinchback that the troops will

simply to keep the peace cannot lead to a satisnot be furnished to disperse any body of men

factory or permanent solution of the difficulties claiming to be a Legislature, or otherwise assem

here. W. H. EMORY, Colonel Commanding. bling peaceably, and not obstructing the administration of the recognized government of the


Very respectfully,

Governor Davis to the President.
"Secretary of War.

Austin, January 6, 1874. "General W. T. SHERMAN,

SIR: Governor A. J. Hamilton will take with

him a copy of the decision of the Supreme Court "Commanding the Army, &c."

of this state, rendered yesterday, touching our General McDowell is here, and on receipt re- recent State election. Though.personally I would ply to me direct. W. T. SHERMAN, General. have preferred that this question should not have

been brought into the court, and had myself U. S. Marshal to Attorney General. taken a different view of the law, yet it is suffi

NEW ORLEANS, January 6. cient to say that the decision was rendered in a Attorney General WILLIAMS, Washington, D. C.: case properly within the jurisdiction of the court,

Legislature met in regular session at state- and I suppose must be taken by the State authorhouse; present, twenty-seven Senators and sixty- ities as settling the construction to be given the eight Representatives. Odd-Fellows' Hall assem election provision of our State constitution. blage adjourned without a quorum, having but I am in no way interested in this question exfourteen claiming to be Sepators and forty-seven cepting as a citizen, desirous that there shall be Representatives.

S. B. PACKARD, no confusion of authority or public disturbance.

U.S. Marshah My term ends on the 28th of April next, and through our constitution looks to the holding of The authority of neither is recognized. A disthe office till my "successor shall be duly quali- play of United States troops will be most likely fied," it would not be agreeable to me to give to keep the peace till the trouble is settled. that clause such construction as would continue I therefore request that assistance. On the 6th my possession of the office beyond the reasonable instant, I wrote you fully about situation. delay necessary in turping over to my legitimate

EDMUND J. Davis, Governor. successor. If another election were had I would not again

Governor Davis to the President. be a candidate, (and believe the other repub.

Austin, January 12. lican candidates for State offices would take the

There is no such domestic violence existing as same course,) because, while there were undoubt

defined in Constitution and act of Congress, conedly great wrongs and frauds perpetrated by our

sequently I cannot call for assistance under that opponents, who controlled the registry and ballot boxes in much the most of the counties, yet

authority. My request was made to secure peace, I am inclined to think they might have beaten

yer and as preventive of such violence threatened

en here as result of foolish counsels and inflamed all of the State ticket, even had they acted with

public feeling. I do not propose personally, perfect fairness and honesty. Probably, then, tbe result of another election

as I wrote you, to make any objections to late would be about the same for State officers, but

election, but do not perceive how I can with with an election fairly conducted, it would by no

propriety disregard the decision of the Supreme means be so in regard to many local officers and

Court, and recognize the body to assemble to

morrow as legal. But if Congress and yourself members of the Legislature. There were also certain amendments of the

accept it as sui: h, I suppose everybody here will State constitution submitted and voted on at this

finally acquiesce.

EDMUND J. Davis, Governor. election. One of these amendments is now said to provide for the abolition of the present Su

U.S. Marshal to Attorney General. preme Court. Its terms are so vague that it might be so construed by a political party trying

AUSTIN, January 16. to get rid of them. These amendments are be

The newly elected Governor Coke was inaulieved to have received a majority of the votes gurated last night. Armed men are guarding cast, and they add especially to the difficulties of the approaches to the offices to the capitol. the situation.

Other armed men have possession of the legislaIf another election is to be had, there is no tive halls. A conflict seems inevitable. A mesway clear to that end unless by an enabling act sage from you may save us from this disaster. of Congress. The old election law has been re

Thos. F. PURNELL, U. S Marshal. pealed, and the Governor has no express authority given him anywhere to order one. Should

Governor Coke to the Texas Delegation. hé, under his general authority to see that the

AUSTIN, Junuary 16. laws are enforced, assume to do this, there is no TEXAS DELEGATION, guarantee that his action would be accepted as House of Representatives, Washington, D. C.: binding.

I was inaugurated as Governor and R. B. I refer to these facts so as to give you a more Hubbard as Lieutenant Governor on yesterday. complete understanding of the situation, and be- Transpiring events make it proper for me to adcause the disentanglement of the imbroglio may vise you of the situation of affairs, and so ask have to come from Washington.

you to lay the matter before President Grant for I do not see how otherwise an issue can be his information and consideration, that he may avoided. The new Legislature will, I suppose, not be deceived by false representations, and that try to meet on the 13th instant, (the regular day he may be enabled, in accordance with law, to of meeting.) It will attempt to legislate and to speak peace to a deeply anxious people. The elect a United States Senator in place of Mr. inauguration was peacefully conducted in the Flanagan.

Representatives Hall. During the day Governor A distinct expression of opinion as to the course Davis called around him in the basement of the to be pursued, coming from the national admin-capitol a squad of armed men, for what reason istration and leading men of the majority in I do not know, as we had invoked no force and Congress, in default of an enabling act, might, I had assured him none would be used, and had think, be accepted and followed by all parties understood the same was his wish and intention. here, and prevent trouble.

Later in the day, he caused an armed volunteer Very respectfully,

company of the city to be called out. It was ÉDMUND J. DAVIS, Governor. afterwards turned over to the sheriff of the county

to assist him, if necessary, in preserving the Governor Davis to the President. peace. It was afterwards placed under the

AUSTIN, January 11. orders of my Adjutant General for the same purThe Supreme Court of Texas having decided pose. It is hoped that no collision will occur, the late election for Legislature, &c., of State but such a condition of things is a menace of the a pullity, this may cause, here, a conflict of public peace. authority. Those claiming to be the newly- It is contended by Governor Davis that the elected Legislature will attempt to organize and Supreme Court has decided our late election to legislate on Tuesday next, whilst many of the be void, because they say it ought to have been old or Thirteenth Legislature also propose at held for four days, whereas it was only held the same time to assume legislative functions. for one day. (See constitution, 1869, art. 3, sec. 6.) During the last session of our Legis- Legislature elected at the last election has no lature, Governor Davis recommended in his legal existence, and that the two Houses of the message to the Legislature, under this section Legislature are deprived of the constitutional of the constitution, that instead of all the elec-right of being judges of the qualifications and tors voting at the county seats, as required by the election of their own members. They also the former law, they should vote at precincts hold, and must hold in order to sustain their arranged for their convenience; and he also extraordinary assumption, that the Supreme recommended in his message that the voting Court can not only determine the rights of the should be limited to one day instead of four. parties before it, but that the co-ordinate de. Pursuant to his recommendation, the Legisla-partments of the State government are not inture provided by law for precinct elections, and dependent of each other, within the sphere of that they should be held for one day only. (See their several constitutional duties; and that the sec. 12, election law, 1873.)

Supreme Court may, by its decision on a politiThe election was held under this law. Gov. cal question, sweep the legislative and execuernor Davis recommended its passage. The tive departments out of existence, and resolve Legislature passed it. Governor Davis issued the State into a condition of anarchy. his proclamation ordering the election. His Governor Davis claims that he is entitled to friends nominated him and the candidates on be Governor until the 28th of next April, four the ticket for Governor and other State offi- years from the date of his inauguration. So he cers. The canvass was gone through with, the would be, if there was nothing to control section election held, and he and his ticket were beaten 4 of article 4 of the constitution. But the last by a majority of more than 45,000 before any clause of the same article provides that the Govquestion was made known to exist as to the ernor shall be inaugurated on the first Thursday unconstitutionality of the law. A feigned case after the organization of the Legislature, or as was then fraudulently made up, at which one soon thereafter as practicable; and the third Rodriguez was charged with having voted section of the election declaration, under and by twice in the election at Houston, a place about virtue of which he was elected and holds the one hundred and seventy-five miles from the office, and which was adopted and published capital, where the Supreme Court was in ses- with the constitution, and without which there sion. After the arrest of Rodriguez, a writ of is no authority under which he could have been habeas corpus was sued out, returnable not to Governor, declares specifically that the officers the judge of the district where he was, who was elected under it shall hold their respective offices immediately at hand, but to the Supreme Court, for the terms prescribed by the constitution, beat a great distance from where he lived and ginning from the day of their election and until from where he was charged with having vio- | the day their successors are elected and qualified. lated the law. The writ was made returnable This terminated Governor Davis's term of office not to the judge who issued it, as was usual in on my inauguration, it being subsequent to the such cases, but to the whole court, to enable 3d of December last, which was four years from it to pronounce an opinion, and that, too, on a the date of his election; and this view is now point which was known to involve the continu sustained by the action and construction of the ance or discontinuance of the judges of this court Legislature. Please call the attention of the in office. The court retained jurisdiction of this President that the principle invoked to sustain case after the officer prosecuting for the State Governor Davis in his pretensions, and the auproposed to dismiss it, and withdrew from the thority of the Supreme Court in theirs, would case. The case made up was intended to enable authorize the Supreme Court of any other Stato them to decide a question in which they were to decide the legislative and executive departdirectly interested, if the decision they made ments out of existence; and, if recognized as the could be construed to have the scope they in-law of the case, would authorize Congress to detended; but this decision can have no such cide on a made up case, if they would, that there scope and effect, as they and Governor Davis) is no President and no Congress of the United contend. For its only legal effect was to dis- States. Please see the President at once and say charge Rodriguez and to determine a rule under to him that the public peace is menaced, but tbat which they would decide other like cases so long I will do everything which prudence can sag. as it remains the law of the court. The court gest, and the performance of my constitutional and Governor Davis hold that it goes beyond duties as Governor will permit, to preserve the this, and annulled the whole election, and took peace. Please say to him that if he will at once from the Governor, Lieutenant Governor, and assure Governor Davis that he will not sanction other State officers elected, and from the Sena- him in his extraordinary pretensions, all cause tors and Representatives, and from all district, of disturbance will be at an end, and that he will county, and precinct officers of the State, the speak peace and joy to our whole people, and offices to which they had been elected, when receive my and their heartfelt thanks. Call upon each of them had the right which (the law) gave Senators Hamilton and Flanagan and ask their him in his office, and when not one of them was co-operation. RICHARD COKE, Gov. of Texas. a party to the suit, when no decree of judgment was rendered against any of them, and when United States Marshal to Attorney General. no writ can be issued by the court to enforce the

AUSTIN, January 15, 1874. judgment of the court against them. Governor The newly elected members of Texas State Davis and the judges of the Supreme Court also Legislature are preparing to inaugurate Goverassume that the judgment in the Rodriguez case nor and other State officials. The present Gore has the scope and effect of determining that the ernor, Dayıs, has all the offices in the capitol



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