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Mr. Adams to the President.

NEW ORLEANS, December 12.

President of the United States: SIR: As chairman of a committee of citizens

is composed mainly of persons never returned as elected. There is danger of a collision, which can be avoided and quiet restored, by an imme- His Excellency U. S. GRANT, diate compliance with requisition of regular Legislature made to you on Monday. Governor Pinchback has received no response to this re-appointed under authority of a mass meeting quisition, which has encouraged Warmoth to believe that it has been denied. We earnestly request that, in view of the impending danger of collision, that the requisition be complied with. There is a quoruin of both Houses of regular Legislature now in session at capitol. WM. P. KELLOGG. JAS. F. CASEY.

United States Collector to the President.
NEW ORLEANS, December 12.

President GRANT:

recently held in this city, I am instructed to in-
form you that said committee is about leaving
here for Washington to lay before you and the
Congress of the United States the facts of the
political difficulties at present existing in this
State, and further earnestly to request you to
delay executive action on the premises until after
the arrival and hearing of said committee, which
is composed of business and professional men
without regard to past political affiliations.
THOMAS A. ADAMS, Chairman.

The Attorney General to Acting Gov. Pinchback.
DEPARTMENT OF JUSTICE, December 12.

The condition of affairs is this: The United States circuit court has decided which is the legal board of canvassers. Upon the basis of that de-Acting Governor PINCHBACK, New Orleans, Louisiana: cision a Legislature has been organized in strict Let it be understood that you are recognized conformity with the laws of the State, Warmoth impeached, and thus Pinchback, as provided by by the President as the lawful executive of Louthe constitution, became Acting Governor. The isana, and that the body assembled at Mechanics' Chief Justice of the Supreme Court organized the and it is suggested that you make proclamation Institute as the lawful Legislature of the State, Senate into a court of impeachment, and Asso-to that effect, and also that all necessary assistherein recognized to protect the State from disance will be given to you and the Legislature order and violence. GEO. H. WILLIAMS, Attorney General,

ciate Justice Tallifeiro administered oath to
The Legislature, fully
Governor Pinchback.
organized, has proceeded in regular routine of
business since Monday. Notwithstanding this,
Warmoth has organized a pretended Legislature.
and it is proceeding with pretended legislation.
A conflict between these two organizations may
at any time occur. A conflict may occur at any
hour, and in my opinion there is no safety for
the legal government, without the Federal troops
are given in compliance with the requisition of
the Legislature. The Supreme Court is known
to be in sympathy with the republican State
government. If a decided recognition of Gov-
ernor Pinchback and the legal Legislature were
made, in my judgment it would settle the whole
matter. General Longstreet has been appointed,
by Governor Pinchback, as adjutant general of
State mililia.
JAMES F. CASEY.

Acting Governor Pinchback to the President.
NEW ORLEANS, 12th.

The Attorney General to Mr. McEnery. DEPARTMENT OF JUSTICE, December 13. Hon. JOHN MCENERY,

New Orleans, Louisiana: Your visit with a hundred citizens will be unavailing, so far as the President is concerned. His decision is made and will not be changed, and the sooner it is acquiesced in the sooner good order and peace will be restored.

GEO. H. WILLIAMS, Attorney General.

Sundry Republicans to the Attorney General. NEW ORLEANS, December, 13. Hon. GEO. H. WILLIAMS, Attorney General U. S. · The entire republican party of this State thank the President and yourself for action of yesterday 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 enB. F. FLANDERS, dangering the public peace and tranquillity, and CHAS. CLINTON, threatening domestic violence, I respectfully reJAS. F. CASEY, quest that the commanding officer of this departE. C. BILLINGS, ment be instructed, in compliance with the requisition of the Legislature, to aid and assist me in maintaining the public peace and protection and sustaining the legal State govern

ment.

P. B. S. PINCHBACK,
Acting Governor of Louisiana.

JNO. KAY, and many others.

U. S. Marshal to the Attorney General.
NEW ORLEANS, December 13.
Hon. GEORGE H. WILLIAMS:
Warmoth's pretended Legislature has adjourn-
ed sine die. S B. PACKARD, U. S. Marshal.

Mr. McEnery to the President.

NEW ORLEANS, 12th, 1872.

His Excellency U. S. GRANT,

President United States: Claiming to be Governor-elect of this State, I beg you, in the name of all justice, to suspend recognition of either of the dual governments now in operation here, until there can be laid before you all facts, and both sides, touching legitimacy of either government. The people denying the legitimacy of Pinchback government and its Legislature, simply ask to be heard, through committee of many of our best citizens on eve of departure for Washington, before you recognize the one or the other of said governments. I do not believe we will be condemned before we are fully heard. JNO. MCENERY.

Acting Gov. Pinchback to the President.

The President's order to General Emory. WASHINGTON, December 14. General W. H. EMORY, U. S. A.,

Commanding New Orleans, Louisiana: You may use all necessary force to preserve the peace, and will recognize the authority of

Governor Pinchback.

By order of the President.

E. D. TOWNSEND, Adjutant General.

General Emory to the Adjutant General.
NEW ORLEANS, December 14.

To the ADJUTANT GENERAL U. Š. A.:

On the receipt of your telegram last night, an
officer was sent to the contesting parties to ask
the evacuation of the arsenal and the dispersion
of the armed forces. The demand was promptly
complied with and the arsenal turned over to
the State authorities this morning. Everything
now is quiet.
W. H. EMORY,
Colonel Commanding, Brevet Major General.

Acting Governor Pinchback to the President.
NEW ORLEANS, January 3, 1873.

To President GRANT:

NEW ORLEANS, December 14. President U. S. GRANT, Washington, D. C.: Louisiana field artillery, four Napoleon guns, two companies infantry, armed with Winchester rifles, numbering five hundred men, nearly all 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 State 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 instant, to the commanding general of this department, calling upon him for a military force, for the purpose of suppressing this mutiny. He has refused to comply with my demand, and alleges a want of proper authority in the premises. I would respectfully request, in compliance with the requisition of the Legislature, that you place a military force at my disposal, in order to enable me to suppress this armed revolt and execute the laws. P. B. S. PINCHBACK, Lieut. Governor, Acting Governor Louisiana.

Colonel Emory to the Adjutant General. NEW ORLEANS, December 13. ADJUTANT GENERAL U. S. A., Washington: There is imminent danger of immediate conflict between two armed bodies of men of some considerable numbers, one body of State militia, representing Governor Warmoth, holding an arsenal; the other an armed body of police, representing Governor Pinchback. I have been appealed to to interfere. Shall I do so; and if I interfere, to which party shall the arsenal be delivered? The parties are face to face with arms in their hands. I beg an immediate anI sent an officer to try what can be done by persuasion to suspend the conflict until an answer can be received. There will be no resistance to the Federal forces. W. H. EMORY,

swer.

Colonel Commanding.

vent this revolution movement, and, in my
judgment, under present orders, as contained in
the telegrams to General Emory from the Presi-
dent, he would be authorized to furnish troops
to sustain the State government. I have just
ascertained that General Emory construes the
orders already given to have been intended only
for the particular occasion upon which they were
issued, and unless further instructions are given
he will decline responding to my demands for
troops, and will interfere only in case of actual
riot. I respectfully request that the order be
repeated, or extended, so as to fully cover the
case, if maintenance of the State government
and good order require me to make the demand
on him.
P. B. S. PINCHBACK.
Acting Govenor of Louisiana.

General Sherman to Colonel Emory.
HEADQUARTERS ARMY OF THE UNITED STATES,
WASHINGTON, January 4.

Colonel W. H. EMORY,

Commanding Department, New Orleans: Your dispatch, through General McDowell, has been laid before the War Department and the President, and you are hereby authorized to use your troops to preserve peace, should a contingency arise which in your judgment calls for it.

By command of General SHERMAN.

WM. D. WHIPPLE, Assistant Adjutant General.

Attorney General to U. S. Marshal. [Private.] JANUARY 4. S. B. PACKARD, U. S. Marshal, New Orleans: I think there ought to be no forcible interference with any proceedings to inaugurate McEnery, if they are not accompanied by violence, and there is no attempt to take control of the State government. GEO. H. WILLIAMS, Attorney General.

From Attorney General of Louisiana. NEW ORLEANS, January 5. To Hon. GEORGE H. WILLIAMS,

Attorney General U. S.:

NEW ORLEANS, January 6.

GEO. H. WILLIAMS, Attorney General:

Warmoth Legislature in session at Odd- Fel-
lows' Hall without a quorum. City council,
democratic, by resolution, excluded the so-called
Legislature from Lyceum Hall, the place desig-
nated by Warmoth as state-house. Large crowd
in front of Odd Fellows' Hall, but all quiet. I
believe the purpose of State authorities not to
interfere with the assemblage so long as no overt
acts are committed to overthrow State govern-
ment.
S. B. PACKARD, U. S. Marshal.

Colonel Emory to General Sherman.
NEW ORLEANS, January 6.

Members of Legislature returned as elected by To General W. T. SHERMAN,
the State board, recognized by Governor War-
moth before the assemblage of the body at
Mechanics' Institute, are compelled to meet to-
morrow under our constitution, in order to pre-
serve their status. Their assemblage will be
peaceable, without arms, and with no purpose
of aggression, but simply to organize.

Commanding the Army:

The day passed quietly; no disturbance what-
W. H. EMORY, Colonel Commanding.

The organization presided over by Pinchback has threatened violent interference, from which serious trouble may arise. That organization derives its authority from the attitude of the Federal Executive, and will be controlled by the

President.

We trust that he will discountenance interference with this assemblage, which has a lawful object, and is rendered necessary by the situation. Please see the President immediately.

H. N. OGDEN, Attorney General, Louisiana. The President's order thereupon. HEADQUARTERS ARMY OF THE UNITED STATES, WASHINGTON, January 5.

Colonel W. H. EMORY,

Commanding Department, New Orleans: The following orders are just received, and you will promptly act in conformity thereto :

"EXECUTIVE MANSION,

"WASHINGTON, D. C., January 5, 1873. "GENERAL: The President directs that General Emory be telegraphed immediately that he inform Governor Pinchback that the troops will not be furnished to disperse any body of men claiming to be a Legislature, or otherwise assembling peaceably, and not obstructing the administration of the recognized government of the State. Very respectfully,

"WM. W. BELKNAP,
"Secretary of War.

"General W. T. SHERMAN,
"Commanding the Army, &c."
General McDowell is here, and on receipt re-
ply to me direct. W. T. SHERMAN, General.

ever.

The Attorney General to U. S. Marshal.
DEPARTMENT OF JUSTICE,

WASHINGTON, January 6.

S. B. PACKARD, U. S. Marshal, New Orleans:
The report of the committee of two hundred,
that the President regards his recognition of the
existing government as provisional and tempo-
rary, is not true. The recognition is final, and
will be adhered to, unless Congress otherwise
provides.
GEO. H. WILLIAMS,
Attorney General.

Colonel Emory to General Sherman.
To Colonel W. D. WHIPPLE,

Assistant Adjutant General:

As Mr. Kellogg has been declared by Governor Pinchback and the Legislature which he recognizes, as the Governor elect of Louisiana, I presume it is intended by my instructions that I shall also recognize him, and shall accordingly do so

unless otherwise instructed. Addressed letters to the General commanding Army on 8th and 9th instant, but they may not reach in time for action. The situation is becoming more complicated, and, in my opinion, the use of the troops simply to keep the peace cannot lead to a satisfactory or permanent solution of the difficulties here. W. H. EMORY, Colonel Commanding.

Texas.

Governor Davis to the President.

AUSTIN, January 6, 1874. SIR: Governor A. J. Hamilton will take with him a copy of the decision of the Supreme Court of this State, rendered yesterday, touching our recent State election. Though personally I would 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 suffiNEW 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 fourteen claiming to be Senators and forty-seven Representatives. S. B. PACKARD, U. S. Marshal.

I am in no way interested in this question excepting as a citizen, desirous that there shall be no confusion of authority or public disturbance. My term ends on the 28th of April next, and

though 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 turning over to my legitimate

successor.

If another election were had I would not again be a candidate, (and believe the other republican candidates for State offices would take the

EDMUND J. DAVIS, Governor.

Governor Davis to the President.

AUSTIN, January 12. 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 opponents, who controlled the registry and ballot boxes in much the most of the counties, yet I am inclined to think they might have beaten all of the State ticket, even had they acted with perfect fairness and honesty.

Probably, then, the result of another election would be about the same for State officers, but with an election fairly conducted, it would by no means be so in regard to many local officers and members of the Legislature.

There were also certain amendments of the State constitution submitted and voted on at this

election. One of these amendments is now said to provide for the abolition of the present Supreme Court. Its terms are so vague that it might be so construed by a political party trying to get rid of them. These amendments are believed to have received a majority of the votes cast, and they add especially to the difficulties of

the situation.

If another election is to be had, there is no way clear to that end unless by an enabling act of Congress. The old election law has been repealed, and the Governor has no express authority given him anywhere to order one. Should

he, under his general authority to see that the laws are enforced, assume to do this, there is no guarantee that his action would be accepted as binding.

I refer to these facts so as to give you a more complete understanding of the situation, and because the disentanglement of the imbroglio may have to come from Washington.

I do not see how otherwise an issue can be avoided. The new Legislature will, I suppose, try to meet on the 13th instant, (the regular day of meeting.) It will attempt to legislate and to elect a United States Senator in place of Mr. Flanagan.

A distinct expression of opinion as to the course to be pursued, coming from the national administration and leading men of the majority in Congress, in default of an enabling act, might, I think, be accepted and followed by all parties here, and prevent trouble.

Very respectfully,

EDMUND J. DAVIS, Governor. Governor Davis to the President. AUSTIN, January 11. The Supreme Court of Texas having decided the late election for Legislature, &c., of State a nullity, this may cause, here, a conflict of authority. Those claiming to be the newlyelected Legislature will attempt to organize and legislate on Tuesday next, whilst many of the old or Thirteenth Legislature also propose at the same time to assume legislative functions.

sequently I cannot call for assistance under that and as preventive of such violence threatened authority. My request was made to secure peace, here as result of foolish counsels and inflamed public feeling. I do not propose personally, as I wrote you, to make any objections to late election, but do not perceive how I can with propriety disregard the decision of the Supreme Court, and recognize the body to assemble tomorrow as legal. But if Congress and yourself accept it as such, I suppose everybody here will finally acquiesce. EDMUND J. DAVIS, Governor.

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House of Representatives, Washington, D. C.: I was inaugurated as Governor and R. B. Hubbard as Lieutenant Governor on yesterday. Transpiring events make it proper for me to advise you of the situation of affairs, and so ask you to lay the matter before President Grant for his information and consideration, that he may not be deceived by false representations, and that he may be enabled, in accordance with law, to speak peace to a deeply anxious people. The inauguration was peacefully conducted in the Representatives Hall. During the day Governor Davis called around him in the basement of the capitol a squad of armed men, for what reason I do not know, as we had invoked no force and had assured him none would be used, and had understood the same was his wish and intention. Later in the day, he caused an armed volunteer company of the city to be called out. It was afterwards turned over to the sheriff of the county to assist him, if necessary, in preserving the peace. It was afterwards placed under the orders of my Adjutant General for the same purpose. It is hoped that no collision will occur, but such a condition of things is a menace of the public peace.

It is contended by Governor Davis that the Supreme Court has decided our late election to be void, because they say it ought to have been held for four days, whereas it was only held 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 dePursuant to his recommendation, the Legisla-partments of the State government are not inture provided by law for precinct elections, and that they should be held for one day only. (See sec. 12, election law, 1873.)

cers.

Governor Davis claims that he is entitled to be Governor until the 28th of next April, four years from the date of his inauguration. So he would be, if there was nothing to control section 4 of article 4 of the constitution. But the last clause of the same article provides that the Governor shall be inaugurated on the first Thursday after the organization of the Legislature, or as soon thereafter as practicable; and the third section of the election declaration, under and by virtue of which he was elected and holds the office, and which was adopted and published with the constitution, and without which there is no authority under which he could have been Governor, declares specifically that the officers elected under it shall hold their respective offices for the terms prescribed by the constitution, beginning from the day of their election and until the day their successors are elected and qualified. This terminated Governor Davis's term of office on my inauguration, it being subsequent to the 3d of December last, which was four years from the date of his election; and this view is now sustained by the action and construction of the Legislature. Please call the attention of the President that the principle invoked to sustain Governor Davis in his pretensions, and the authority of the Supreme Court in theirs, would authorize the Supreme Court of any other State to decide the legislative and executive departments out of existence; and, if recognized as the law of the case, would authorize Congress to decide on a made up case, if they would, that there is no President and no Congress of the United States. Please see the President at once and say to him that the public peace is menaced, but that I will do everything which prudence can suggest, and the performance of my constitutional duties as Governor will permit, to preserve the peace. Please say to him that if he will at once assure Governor Davis that he will not sanction him in his extraordinary pretensions, all cause of disturbance will be at an end, and that he will speak peace and joy to our whole people, and receive my and their heartfelt thanks. Call upon Senators Hamilton and Flanagan and ask their co-operation. RICHARD COKE, Gov. of Texas.

dependent of each other, within the sphere of their several constitutional duties; and that the 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 friends nominated him and the candidates on the ticket for Governor and other State offiThe canvass was gone through with, the election held, and he and his ticket were beaten by a majority of more than 45,000 before any question was made known to exist as to the unconstitutionality of the law. A feigned case was then fraudulently made up, at which one Rodriguez was charged with having voted twice in the election at Houston, a place about one hundred and seventy-five miles from the capital, where the Supreme Court was in session. After the arrest of Rodriguez, a writ of habeas corpus was sued out, returnable not to the judge of the district where he was, who was immediately at hand, but to the Supreme Court, at a great distance from where he lived and from where he was charged with having violated the law. The writ was made returnable not to the judge who issued it, as was usual in such cases, but to the whole court, to enable it to pronounce an opinion, and that, too, on a point which was known to involve the continuance or discontinuance of the judges of this court in office. The court retained jurisdiction of this case after the officer prosecuting for the State proposed to dismiss it, and withdrew from the case. The case made up was intended to enable them to decide a question in which they were directly interested, if the decision they made could be construed to have the scope they intended; but this decision can have no such scope and effect, as they and Governor Davis contend. For its only legal effect was to discharge Rodriguez and to determine a rule under which they would decide other like cases so long as it remains the law of the court. The court and Governor Davis hold that it goes beyond this, and annulled the whole election, and took from the Governor, Lieutenant Governor, and other State officers elected, and from the Senators and Representatives, and from all district, county, and precinct officers of the State, the offices to which they had been elected, when each of them had the right which (the law) gave him in his office, and when not one of them was a party to the suit, when no decree of judgment was rendered against any of them, and when no writ can be issued by the court to enforce the judgment of the court against them. Governor Davis and the judges of the Supreme Court also assume that the judgment in the Rodriguez case has the scope and effect of determining that the

United States Marshal to Attorney General.

AUSTIN, January 15, 1874. The newly elected members of Texas State Legislature are preparing to inaugurate Gover nor and other State officials. The present Gov ernor, DAVIS, has all the offices in the capitol

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