orders, see Ex. Doc. H. R. 91,42d Cong., 3d Sess., pp. 239-249.—Ed.]

Attorney General to U. S. Marshal.

Department Of Justice, Dec. 3. S. B. Packard, Esq., U. S. Marshal,

New Orleans, Louisiana. You are to enforce the decrees and mandates of the United States courts, no matter by whom resisted, and General Emory will furnish you with all necessary troops for that purpose.

Geo. H. Williams, Attorney General.

United States Collector to the President. New Orleans, Dec. 6. President Grant:

Marshal Packard took possession of statebouse this morning at an early hour with military posse, in obedience to a mandate of circuit court, to prevent illegal assemblage of persons under guise of authority of Warmoth's returning board in violation of injunction of circuit court. Decree of court just rendered declares Warmoth's returning board illegal,and orders the returns of the election to be forthwith placed before the legal board. This board will probably soon declare the result of the election of officers of State and Legislature, which will meet in statehouse with protection of court. The decree was sweeping in its provisions, and if enforced will save the republican majority and give Louisiana a republican Legislature and State government, and check Warmoth in his usurpations. Warmoth's democratic supporters are becoming disgusted with him, and charging that his usurpations are ruining their cause. Jas. F. Casey.

"Mandate "of U. S. Court. Circuit court of the United States, fifth circuit and district of Louisiana, in equity—No. 6830. William P. Kellogg vs. H. C .Warmoth et als. Whereas Henry C. YVarmoth, one of the respondents herein, has, in violation of the restraining order herein, issued the following proclamation and returns of certain persons claiming to be a board of returning officers, all in violation and contempt of the said restraining order, as follows, viz:

"Proclamation. "state Of Louisiana, Executive Department, "New Orleans, Dec. 4, 1872.

"Whereas P. S. Wiltz, Gabriel D. Feriet, Thomas Isabelle, J. A. Taylor, and J. E. Austin, returning officers appointed by the Governor to fill vacancies existing, in accordance with the constitution and laws of the State of Louisiana, have made declaration of the result of an election held November 4, 1872, and have declared certain persons elected to the Senate and House of Representatives of the State of Louisiana, as will appear from the returns herewith attached and made a part of this proclamation; and

"Whereas such returns are compiled from the official returns of commissioners of election and supervisors of registration, on file in this office, and are in fact and in form accurate and correct, and made in accordance with law:"Now, therefore, I, Henry Clay Warmoth, Governor of the State of Louisiana, do issue this

my proclamation, making known the result of said election aforesaid, and command all officers and persons within the State of Louisiana to take notice of and respect the same.

"Given under my hand and the seal of the State this fourth day of December, A. D. 1872, and of the independence of the United States the ninety-seventh. H. C. Warmoth.

"By the Governor: Y. A. Woodward,

"AssistantSecretary of State."

Now, therefore, in order to prevent the further obstruction of the proceedings in this cause, and, further, to prevent a violation of the orders of this court, to the imminent danger of disturbing the public peace, it is hereby ordered that the marshal of the United States for the district of Louisiana shall forthwith take possession of the building known as the Mechanics' Institute, and occupied as the state-house for the assembling of the Legislature 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 guise or pretext of authority claimed by virtue of pretended canvass and returns made by said pretended returning officers in contempt and violation of said restraining order; but the marshal is directed to allow the ingress and egress to and from the public offices in said building of persons entitled to the same.

E. H. Durell, Judge.

New Orleans, Louisiana, December 5, 1872.

Restraining Order of U. S. Court. Circuit court of the United States, district of

Louisiana, in equity. Wm. Pitt Kellogg, complainant, * vs.

Henry C. Warmoth, Jack Wharton, Frank H. Hatch, Durant Da Ponte, nnd John McEnery, and The New Orleans Republican Printing Company, defendants.

This cause having come on for hearing on the complainant's motion for writs of injunction pendente lite, and for other interlocutory orders prayed for in complainant's bill and amended bill of complaint, and the court having considered the pleadings, affidavits, and exhibits filed in the cause, and having heard counsel as well for the complainant as for said defendants, and the court having considered the premises, it is ordered—

That the said defendant, Henry C. Warmoth, during the pendency of this cause, be, and he hereby is, until the further order of this court, enjoined, inhibited, and restrained from in any manner, either directly or indirectly, considering or pretending to consider, or canvass any statement, certificate, or return of any supervisor or assistant supervisor of registration, or any office having any duties to perform about or concerning an election held on the fourth day of November, A. D. 1872, in the State of Louisiana, or relating to any votes or ballots cast at said election, except in the presence of John Lynch, Jacob Hawkins, James Longstreet, and George E. Bovee, a board of returning officers for said election; and that he do further desist and refrain from submitting or allowing to be sub

No. 6830.—Order entered December 6, 1872.

mitted, or from aiding or assisting in the submission to the defendants, Frank Hatch, Jack Wharton, Durant Da Ponte, or any other person or persons whatsoever, other than the said Hawkins, Bovee, Lynch, and Longstreet, any paper, document, affidavit, statement of votes, return of officers of election, or other proof in any manner relating to said election, and from allowing any other person or persons whatsoever, other than those in this order excepted, whether pretending to act as returning officers, or in any other capacity, to inspect, consider, have access to, canvass, or tamper with any paper, document, affidavit, statement of votes, returns or written proof relating to said election or to the fairness and correctness thereof, that may have heretofore or may hereafter come into his hands or possession, and which, by law, should properly be laid before, submitted to, or considered by such returning officers of election in making a canvass thereof. And that the said defendant, H. C. Warmoth, be further enjoined and inhibited from altering, suppressing, mutilating, destroying, or secreting any such document, proof, or paper. And that he further desist and be enjoined from in any manner interfering with, obstructing, or hindering the said Lynch, Longstreet, Bovee, and Hawkins, or either of them, from full and complete access to, as well as custody of, all such documents, papers, and proofs relating to said election, as he may or shall have in his possession, custody, or control, or as they shall or may demand, either by refusing to deliver such documents or proofs to them, or either of them, or by any suit or proceeding instituted with the intent to hinder, delay, or obstruct them in the performance of their duty as returning officers. And that he be further restrained and enjoined from issuing commissions to any persons based upon any calculation, deduction, or pretended canvass of ballots cast at said election, or make, publish, sign, or deposit in the office of the Secretary of State, or in any other public office, or cause to be so deposited, any document, statement of persons elected to any offices or positions of trust at said election, and from giving any effect to the same if already filed and deposited, unless the same be with the concurrent action and lawfully given consent of the said Lynch, Hawkins, Bovee, and Longstreet, or a majority thereof, or of a sufficient number of them to constitute a majority of a board of returning officers, acting as such returning officers.

And it is further ordered that the said defendants, Jack Wharton, Frank H. Hatch, Durant Da Ponte, and the New Orleans Republican Printing Company, until the final hearing of this cause, or until the further order of the court, be severally and respectively enjoined and restrained to the same extent, effect, and manner as said complainant has in his said bill of complaint prayed they may severally and respectively be restrained. And that writs of injunction in due form of law issue against the said defendants, in accordance with the terms of this order. And that the returning order heretofore issued and allowed in this cause continue in full force and effect, until the court shall otherwise order.

And in order that the evidence relating to said election may be perpetuated and preserved, that it may be of avail upon the hearing of this cause, and in any cause which the said complainant may hereafter be compelled to institute and prosecute to test or determine his right to the office of Governor of said State, and in order that public inconvenience may not result therefrom, it is further ordered that the said Henry C. Warmoth do forthwith and without delay deliver unto the said returning officers, John Lynch, George E. Bovee, Jacob Hawkins, and James Longstreet, each and every paper, document, affidavit, tally-sheet, list, sworn statement, certificate, letter, communication, or proof which he has or may have in his possession, or which may hereafter come into his possession from any supervisor or assistant supervisor of registration or election, or any officer or person, commissioner or commissioners, in any manner concerned in the conduct, control, management, or direction of said election, held on the fourth day of November, A. D. 1872, in any manner relating to said election, or any voting or ballots cast at said election or in any manner relating thereto, in order that they may consider, canvass, and make due return thereof, as required by law; and when the same are no longer required for the purpose of said canvass, it is ordered that the said defendant, H. C. Warmoth, do thereafter immediately file and deposit the same with the clerk of this court, there to remain until true, accurate, and complete attested copies thereof be made by the clerk, subject to the direction of the court.

Injunction of U. S. Court, referred to above, issued December 6,1872. Circuit court of the United States, fifth circuit and district of Louisiana. Wm. Pitt Kellogg vs. Henry C. Warmoth, Jack Wharton. Frank H. Hatch, Durant Da Ponte, John McEnery, and the New Orleans Republican Printing Company.

The President of the United States,greeting:

Whereas it has been represented to us in our said circuit court on the part of William P. Kellogg, by his bill of complaint lately exhibited against you and each of you, touching certain matters and things therein set forth:

Now, therefore, in consideration of the premises and of the allegations in said bill contained, you, the said above named defendants, your attorneys, and each of you, are hereby commanded and strictly enjoined, under the penalty of the law, that you absolutely refrain and desist during the pendency of this cause, until the further order of this court, from in any manner, either directly or indirectly, considering or pretending to consider, or canvass any statement, certificate, or return of any supervisor or assistant supervisor of registration, or any officer having any duties to perform about or concerning an election held on the 4th day of November, 1872, in the State of Louisiana, or relating to any votes or ballots cast at said election, except in the presence of John Lynch, Jacob Hawkins, James Longstreet, and George E. Bovee, a board of re

No. 6830.

turning officers for said election, or from submitting or allowing to be submitted, or from aiding or assisting in the submission to the said defendants, Frank H. Hatch, Jack Wharton, Durant Da Ponte, or any other person or persons whatsoever, other than the said Hawkins, Bovee, Lynch, and Longstreet, any paper, document, affidavit, statement of votes, return of officers of election, or other proof in any manner relating to said election, and from allowing any other person or persons whatsoever, other than those in this order excepted, whether pretending to act as returning officers, or in any other capacity, to inspect, consider, have access to, canvass, or tamper with any paper, document, affidavit, statement of votes, return, or written proof relating to said election, or to the fairness and correctness thereof, that may have heretofore or may hereafter come into his hands or possession, and which by law should properly be laid before, submitted to, or considered by such returning officers of election in making a canvass thereof; and that the said defendant, H. C. Warmoth, be further enjoined and inhibited from altering, suppressing, mutilating, destroying, or secreting any such document, proof, or paper.

And that he further desist and be enjoined from in any manner interfering with, obstructing, or hindering the said Lynch, Longstreet, Bovee, and Hawkins, or either of them, from full and complete access to, as well as custody of, such documents, proof, or paper.

And that he further desist and be enjoined from in any manner interfering with, obstructing, or hindering the said Lynch, Longstreet, Bovee, and Hawkins, or either of them, from full and complete access to, as well as custody of, such documents, papers, and proofs relating to said election, as he may or shall have in his possession, custody, or control, or as they shall or may demand, either by refusing to deliver such documents or proofs to them, or either of them, or by any suit or proceeding instituted with the intent to hinder, delay, or obstruct them in the performance of their duty as returning officers: and that he be further restrained and enjoined from issuing any commissions to any persons based upon any calculation, deduction, or pretended canvass of ballots cast at said election, or make, publish, sign, or deposit in the office of the Secretary of State, or in any other public office, or cause to be so deposited, any document, statement of persons elected to any offices or positions of trust at said election, and from giving any effect to the same, if already filed and deposited, unless the same be with the concurrent action and lawfully given consent of the said Lynch, Hawkins, Bovee, and Longstreet, or a majority thereof, or of a sufficient number of them to constitute a majority of a board of returning officers.

And it is further ordered that the said defendants, Jack Wharton, Frank H. Hatch, Durant Da Ponte, and the New Orleans Republican Printing Company, until the final hearing of this cause, or until the further order of the court, be severally and respectively enjoined and restrained to the same extent, effect, and manner as said complainant has in his bill of complaint prayed they may severally and respectively be restrained.

And that writs of injunction in due form of law issue against the said defendants in accordance with the terms of this order.

And that the restraining order heretofore issued and allowed in this cause continue in full force and effect until the court shall otherwise order.

Witness the Honorable Salmon P. Chase, Chief Justice of the Supreme Court of the United States, at the city of New Orleans, this 6th day of December, in the year of our Lord 1872. [seal.] F. A. Woolfley, Clerk.

Marshal's Return. Received December 7, 1872, by the United States marshal, and on the same day, month, and year served the within-named persons with a copy of this injunction, as follows: On II. C. Warmoth, by handing the same to him in person at the Saint Charles Hotel, in this city; Jack Wharton, same day, month, and year, served the within injunction by handing the same to him in person at the Saint Charles Hotel, in this city; on Durant Da Ponte, same day, month, and year, by handing the same to him in person in this city; on Frank H. Hatch, same day, month, and year, by handing the same to him in person in this city; on the New Orleans Republican, December 9, 1872, by handing the same to W. R. Fish, president of said paper. C R. Steele,

Deputy United States Marshal.

United States of America, circuit court of the

United States, fifth circuit and district of

Louisiana. Clerk's Office:

I, Francis A. Woolfley, clerk of the circuit court of the United States for the fifth circuit and district of Louisiana, do hereby certify that the foregoing 115 pages contain and form a full, complete, true, and perfect transcript of the record and proceedings had, except entries from the minutes of continuances, &c., in the case of William P. Kellogg vs. H. C. Warmoth et als., No. 6830 of the docket, so far as the same now remain of record or on file in said court.

Witness my hand and the seal of said court, at the city of New Orleans, this 3d day of January, A. D. 1873. (Nine words erased. Eight words interlined.) Approved. [seal.] F. A. Woolfley, Clerk.

United States Marshal to Attorney General. New Orleans, December 6, 1872. Attorney General Williams:

Returning board provided by election of seventy under which election was held and which United States court sustains, promulgated in official journal this morning result of election of Legislature: House stands seventy-seven Republicans, thirty-two Democratic; Senate twentyeight Republicans, eight Democratic. Board counted ballots attached to affidavits of colored persons wrongfully prevented from voting, filed with chief supervisor. S. B. Packard,

U. S. Marshal.

United States Marshal to Attorney General. New Orleans, December 9. Hon. Geo. H. Williams, Attorney General: Returning board has officially promulgated ia official journal this morning the result of the election for State officers. Kellogg's majority eighteen thousand eight hundred and sixty-one. S. B. Packard, U. S. Marshal.

New Orleans, December 9. Hon. Geo. H. Williams, Attorney General:

Lieutenant Governor Pinchback qualified and took possession of the Governor's office to-night. Senate organized as high court of impeachment, Chief Justice Ludling presiding, and adjourned to meet Monday next. It is believed that all the Democrats, members of General Assembly, will qualify and take seats to-morrow.

S. B. Packard, U. S. Marshal.

New Orleans, December 9. Hon. Geo. H. Williams, Attorney General:

Senate, by vote of seventeen to five, have resolved into high court of impeachment. Senator Harris elected president of the Senate, Lieutenant Governor Pinchback being now Governor.

S. B. Packard, U. S. Marshal.

New Orleans, December 10. Hon. Geo. H. Williams, Attorney General:

Senate and House met in joint session as provided by constitution, and counted vote for Governor and Lieutenant Governor; Kellogg and Antoine decided elected. S. B. Packard,

U. S. Marshal.

New Orleans, December 9. Hon. Geo. H. Williams, Attorney General:

General Assembly returned by legal board is now organized at state-house. Senate has present twenty Republicans, eight Democrats; House fifty Republicans and fourteen Democrats; about half Warmoth's members participating. State Supreme Court has sent Elmore, Warmoth's usurping judge of the eighth district court, to jail ten days for contempt, and his clerk five days, and fifty dollars each. All quiet.

S. B. Packard, U. S. Marshal.

New Orleans, December 9. Hon. Geo. H. Williams, Attorney General:

Governor Warmoth has been impeached by vote of fifty-eight to six. Warmoth's Legislature returned by his board has made no pretence of a session. S. B. Packard,

U. 8. Marshal.

Acting Governor Pinchback to the President. New Orleans, December 9. President Grant:

Having taken the oath of office and being in the possession of the gubernatorial office, it devolves upon me to urge the necessity of a favorable consideration of the request of the General Assembly as conveyed in the concurrent resolution of this day telegraphed to you, requesting the protection of the United States Government. Be pleased to send the necessary orders to General Emory. This seems to me a necessary measure of precaution although all is quiet here. P. B. S. Pinchrack, Lieutenant Governor, Acting Governor of Louisiana.

New Orleans, December 9. We have the honor to transmit to your excel

lency the following concurrent resolution of both Houses of the General Assembly, and to request an early reply:

"Whereas the General Assembly is now convened, in compliance with the call of the Governor, and certain evil-disposed persons are reported to be forming combinations to disturb the public peace, defy the lawful authority, and the State is threatened with violence: therefore

"Be it resolved by the Senate and House of Representatives of the State of Louisiana in General Assembly convened, That the President of the United States be requested to afford the protection guaranteed each State by the Constitution of the United States when threatened with domestic violence, and that the presiding officers of the General Assembly transmit this resolution immediately, by telegraph or otherwise, to the President of the United States.

"Adopted in General Assembly convened this 9th day of December, A. D. 1872."

P. B. S. Pinchback, Lieutenant Governor, and President of the Senate. Chas. W. Lowell, Speaker of the House of Representatives.

New Orleans, December 10. President U. S. Grant:

Pursuant to advertisement, democratic indignation meeting was held at noon. Inflammatory appeals were made in circulars, and incendiary language used by some of the speakers, but I do not regard any outbreak imminent. That my course is approved by the vast majority of the honest citizens is beyond doubt.

P. B. S. Pinchrack, Lieutenant Governor, Acting Governor.

U. S. Marshal to Attorney General.

New Orleans, December 11. Hon. Geo. H. Williams, Attorney General:

The Warmoth Legislature are now in session at the city hail, in defiance of the restraining order of the court.

S. B. Packard, U. S. Marshal.

U. S. District Attorney to Attorney General. New Orleans, December 11. Hon. Geo. H. Williams, Attorney General:

Condition of affairs disturbed. Warmoth, although impeached and suspended, has issued a proclamation against Governor Pinchback and the Legislature, likely to cause a collision, unless prompt action is taken by the Government. The question is now political, with no doubt as to the executive status of Governor Pinchback and the Legislature convened last Monday, and now in session at the state-house.

J. R. Beckwith, U. S. Attorney.

U. 8. Marshal to Attorney General.

New Orleans, December 11. Hon. G. H. Williams, Attorney General:

Evening Times of Saturday gives names ot seventy-four pretended Senators in Warmoth's Senate. At its organization at city hall, to-day, six out of that number were not present, but falsely reported so. Eleven out of the twentyfour were returned defeated by the returning board, leaving only seven bona fide Senators, democrats and liberals, actually present sitting as a quorum of the thirty-six Senators of Louisiana. S. B. Packard, U. S. Marshal.

New Orleans, December 11. Hon. Geo. H. Williams Attorney General: Warmoth has just issued two proclamations,

Eublished in Extra Times, one declaring legisition of state-house illegal, and warning all officers to resist, and that he will resist its authority with all the power of the State; the other declaring the city hall to be the state-house, where he says he will discharge the duties of Governor. The pretended members of Legislature returned by Warmoth's canvassing board are now in session at city hall. Warmoth's message is being read.

S. B. Packard, U. S. Marshal.

Governor Warmoth to the President.

New Orleans, December 11. The President Of The United States:

Under an order from the judge of the United States district court, investing James Longstreet, Jacob Hawkins, and others with the powers and duties of returning officers under State election law, and charging them with the duty of completing the legal returns and declaring the result in accordance therewith, those persons have promulgated results based upon no returns whatever, and no evidence, except ex parte statements. They have constructed a pretended General Assembly, composed mainly of candidates defeated at the election, and those candidates, protected by United States military forces, have taken possession of the state-house, and have organized a pretended Legislature, which to-day has passed pretended articles of impeachment against the Governor; in pursuance of which the person claiming to be Lieutenant Governor, but whose term had expired, proclaimed himself Acting Governor, broke into the executive office, under the protection of United States soldiers, and took possession of the archives. In the meantime the General Assembly has met at the city hall, and organized for business with sixty members in the House and twenty-one in the Senate, being more than a quorum of both bodies. I ask and believe that no violent action be taken, and no force used by the Government, at least until the Supreme Court shall have passed final judgment on the case. A full statement of the facts will be laid before you and the Congress in :i. few days.

H. C. Warmoth, Governor of Louisiana.

The Attorney General to Acting Governor Pinchback. Department Of Justice, December 11. P. B. S. Pinchrack, Acting Governor of La.: Requisition of Legislature transmitted by you is received. Whenever it becomes necessary in the judgment of the President the State will be protected from domestic violence.

Geo. H. Williams, Attorney General.

New Orleans, December 11. Hon. Geo. H. Williams, Attorney General: I have the honor to acknowledge the receipt

of your dispatch. May I suggest that the commanding general be authorized to furnish troops upon my requisition upon him for the protection of the Legislature and the gubernatorial office. The moral effect would be great, and in my judgment tend greatly to allay any trouble likely to grow out of the recent inflammatory proclamation of Warmoth. I beg you to believe that I will act in all things with discretion. P. B. S. Pinchrack, Lieutenant Governor, Acting Governor.

U. S. Collector to the President.

New Orleans, December 11. President Grant:

Parties interested in the success of democratic party, particularly the New Orleans Times, are making desperate efforts to array the people against us. Old citizens are dragooned into an opposition they do not feel, and pressure is hourly growing; our members are poor and adversaries are rich, and offers are made that are difficult for them to withstand. There is danger that they will break our quorum. The delay in placing troops at disposal of Governor Pinchback, in accordance with joint resolution of Monday, is disheartening our friends and cheering our enemies. If requisition of Legislature is complied with, all difficulty will be dissipated, the party saved, and everything go on smoothly. If this is done the tide will be turned at once in our favor. The real underlying sentiment is with us, if it can but be encouraged, Governor Pinchback acting with great discretion, as is the Legislature, and they will so continue. Jas. F. Casey, Collector.

Governor-elect Kellogg to the President.

New Orleans, Wth. Hon. Geo. H. Williams:

If President in some way indicate recognition, Governor Pinchback and Legislature would settle everything. Our friends here acting discreetly. W. P. Kellogg.

TJ. S. Collector to the President.

New Orleans, Wth. President Grant:

Democratic members of Legislature taking their seats. Most, if not all, will so in next few days. Important that you immediately recognize Governor Pinchback's Legislature in some manner, either by instructing General Emory to comply with any requisition by Governor Pinchback, under joint resolution of Legislature of Monday, or otherwise. This would quiet matters much. I earnestly urge this and ask a reply. James F. Casey.

Messrs. Kellogg and Casey to the President. New Orleans, December 11. President Grant:

Warmoth has issued a proclamation declaring that his Legislature has assembled in city-hall. Not any of the regular republican members were present. In order to make a question in Senate, he published the names of four regular republican Senators as being present, but were in regular Legislature at capitol. His Legislature