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is composed mainly of persons never returned as elected- There is danger of a collision, which can be avoided and quiet restored, by an immediate compliance with requisition of regular Legislature made to you on Monday. Governor Pinchback has received no response to this requisition, 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 quorum 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:
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 decision a Legislature has been organized in strict conformity with the laws of the State, Warmoth impeached, and thus Pinchback, as provided by the constitution, became Acting Governor. The Chief Justice of the Supreme Court organized the Senate into a court of impeachment, and Associate Justice Tallifeiro administered oath to Governor Pinchback. The Legislature, fully 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 Governor 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. President U. S. Grant:
In view of the fact that H. C. Warmoth, assuming to act as Governor after having been impeached and suspended from his office of Governor in strict compliance with the court and laws of this State, has issued a proclamation declaring himself as still Governor of the State, and has assumed to convene an illegal body of men styling themselves a Legislature, thus endangering the public peace and tranquillity, and threatening domestic violence, I respectfully request that the commanding officer of this department 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 government.
P. B. S. Pinchrack, Acting Governor of Louisiana.
Mr. Adams to the President.
New Orleans, December 12. His Excellency U. S. Grant,
President of the United States: Sir: As chairman of a committee of citizens appointed under authority of a mass meeting recently h*id in this city, I am instructed to inform 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 hearingof 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. Acting Governor Pinchback,
New Orleans, Louisiana: Let it be understood that you are recognized by the President as the lawful executive of Louisana, and that the body assembled at Mechanics' Institute as the lawful Legislature of the State, and it is suggested that you make proclamation to that effect, and also that all necessary assistance will be given to you and the Legislature herein recognized to protect the State from disorder and violence. Geo. H. Williams, Attorney General,
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 State government. This action has prevented the consummation of the most barefaced and outrageous election frauds. Every indication points to quiet and good order. The bogus Legislature of Warmoth has adjourned sine die. Police reported last night to Governor Pinchback. Wm. P. Kellogg, C. B. Darrali, B. F. Flanders, Chas. Clinton, Jas. F. Casey, E. C. Billings, 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 adjourned 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.
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. C. Warmoth, stationed in the State armory, with arms loaded, are in open mutiny and disobedience of the civil and military authorities of the State government. They have been repeatedly commanded to lay down their arms. A large armed police force, under the command of General A. S. Badger, of the State militia, has been ordered to take the position. General Badger reports the position too strong for his force; they offer to surrender to any United States military force. I have sent a copy of the dispatch 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. Pinchrack,
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 answer. I 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, Colonel Commanding.
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. S. 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:
Several persons who claim to have been elected to the Legislature, in conjunction with H. C. Warmoth, the impeached and suspended executive, and John'McEnery, late democratic candidate for Governor, propose to meet in this city on next Monday, nnd organize a so-called General Assembly, in conflict with the Legislature now in session at the state-house, and to inaugurate said McEnery as Governor. To prevent a subversion of the present State government and to suppress riot, it may be necessary for me, as executive, to use police or other forces to prevent this revolution movement, and, in my judgment, under present orders, as contained in the telegrams to General Emory from the President, 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. Pinchrack.
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,
From Attorney General of Louisiana.
New Orleans, January 5. To Hon. George H. Williams,
Attorney General TJ. S.:
Members of Legislature returned as elected by the State board, recognized by Governor Warmoth before the assemblage of the body at Mechanics' Institute, are compelled to meet tomorrow under our constitution, in order to preserve their status. Their assemblage will be peaceable, without arms, and with no purpose of aggression, but simply to organize.
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£c." General McDowell is here, and on receipt reply to me direct. W. T. Sherman, General.
TJ. S. Marshal to Attorney General.
New Orleans, January 6. Attorney General Williams, Washington, D. C.: Legislature met in regular session at statehouse; present, twenty-seven Senators and sixtyeight Representatives. Odd-Fellows' Hall assemblage adjourned without a quorum, having but fourteen claiming to be Senators and forty-seven Representatives. S. B. Packard,
U. S. Marshal
New Orleans, January 6. Geo. H. Williams, Attorney General:
Warmoth Legislature in session at Odd-Fellows' Hall without a quorum. City council, democratic, by resolution, excluded the so-called Legislature from Lyceum Hall, the place designated 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 government. S. B. Packard, U. S. Marshal.
Colonel Emory to General Sherman.
New Orleans, January 6. To General W. T. Sherman,
Commanding the Army: The daypassed quietly; no disturbance whatever. W. H. Emory, Colonel Commanding.
The Attorney General to U. S. Marshal.
Washington, January 6. S. B. Packard, TJ. 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 temporary, is not true. The recognition is final, and will be adhered to, unless Congress otherwise provides. Geo. H. Williams,
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 itis 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.
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 taken a different view of the law, yet it is sufficient to say that the decision was rendered in a case properly within thejurisdiction of the court, and I suppose must be taken by the State authorities as settling the construction to be given the election provision of our State constitution.
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 tli »ugli our constitution looks to the holding of the office till my "successor shall be duly qualirieJ," it would not be agreeable to me to give that clause such construction as would continue my possession of the office beyond the reasonable 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 same course,) because, while there were undoubtedly great wrongs and frauds perpetrated by our opponents, who controlled the registry and ballot boxes in much the most of the counties, yet lam 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 apolitical 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.
Edmund J. Davis, Governor.
Governor Davis to the President.
Austin, January 11. The Supreme Court of Texas having decided the late election for Legislature, <fec, 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.
The authority of neither is recognized. A display of United States troops will be most likely to keep the peace till the trouble is settled. I therefore request that assistance. On the 6th instant, I wrote you fully about situation.
Edmund J. Davis, Governor.
Governor Davis to the President.
Austin, January 12. There is no such domestic violence existing as defined in Constitution and act of Congress, consequently I cannot call for assistance under that authority. My request was made to secure peace, and as preventive of such violence threatened 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.
U. S. Marshal to Attorney General.
Austin, January 16. The newly elected Governor Coke was inaugurated last night. Armed men are guarding the approaches to the offices to the capitol. Other armed men have possession of the legislative halls. A conflict seems inevitable. A message from you may save us from this disaster. Thos. F. Purnell, U. S Marshal.
Governor Coke to the Texas Delegation. Austin, January 16. Texas Delegation,
Mouse 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 Legislature, Governor Davis recommended in nis message to the Legislature, under this section of the constitution, that instead of all the electors voting at the county seats, as required by the former law, they should vote at precincts arranged for their convenience; and he also recommended in his message that the voting should be limited to one day instead of four. Pursuant to his recommendation, the Legislature provided by law for precinct elections, and that they should be held for one day only. (See sec. 12, election law, 1873.)
The election was held under this law. Governor Davis recommended its passage. The Legislature passed it. Governor Davis issued his proclamation ordering the election. His friends nominated him and the candidates on the ticket for Governor and other State officers. The 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
Legislature elected at the last election has no legal existence, and that the two Houses of the Legislature are deprived of the constitutional right of being judges of the qualifications and the election of their own members. They also hold, and must hold in order to sustain their extraordinary assumption, that the Supreme Court can not only determine the rights of the parties before it, but that the co-ordinate departments of the State government are not independent of each other, within the sphere of their several constitutional duties; and that the Supreme Court may, by its decision on a political question, sweep the legislative and executive departments out of existence, and resolve the State into a condition of anarchy. I
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 laat 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.
United States Marshal to Attorney General. Austin, January 15, 1874.
The newly elected members of Texas State Legislature are preparing to inaugurate Governor and other State officials. The present Governor, Davis, has all the offices in the capitol