472 



LOUISIANA. 



the constitutional majority in the House in order to 

 enable the illegal minority to expel from the House 

 certain members of the majority and to effect a revo- 

 lution in the House and State government: there- 

 fore be it 



Resolved, by the House of Kepresentatives of the 

 State of Louisiana, That we denounce the arrest of the 

 members of this body as aforesaid, as an outrage upon 

 the representatives of the people, and an insult to 

 the dignity of the State, and a conspiracy to over- 

 throw the government. Be it further 



Resolved, That we declare the attempt of a minor- 

 ity of the House, assuming to act in the absence of 

 the members who had been carried away by force, as 

 utterly unconstitutional and revolutionary, null and 

 void. Be it furthsr 



Resolved, That the Secretary be instructed to ex- 

 punge from his minutes all record of the proceed- 

 ings subsequent to the arrest of the members of this 

 House. 



The Speaker's chair was then unanimously 

 declared vacant, and O. H. Brewster chosen to 

 iill the same, and a permanent organization of 

 the House effected. Resolutions were adopted, 

 approving of the course of the Governor, and 

 requesting him "to take all measures neces- 

 sary to protect the General Assembly and the 

 capitol from violence, and the members from 

 intimidation." After adjournment, an address 

 signed by 65 members of the Legislature was 

 sent to the Governor, requesting him to take 

 measures to prevent the "Oarterites" from 

 taking forcible possession of the Assembly halls. 

 During that night and the next day the Me- 

 chanics' Institute, in which the meetings of the 

 Legislature were held, was guarded by a large 

 force of soldiers and police, under the control 

 of the Governor. The "extra session" was 

 continued, and, although there was no quorum 

 in the Senate, that body adopted resolutions 

 commending the course of the Governor, and 

 denouncing the action of the " Oarterites." It 

 was declared that certain members were kept 

 beyond the jurisdiction of the Senate, on board 

 the revenue cutter Wilderness, and the Secre- 

 tary of the Treasury at Washington was request- 

 ed to order that vessel to land them at New 

 Orleans. The adherents of Warmoth in the 

 House reseated the members formerly expelled 

 by the "Oarterites," and ordered an investiga- 

 tion into the arrest of the Governor and others. 

 The followers of Carter, finding the Mechanics' 

 Institute guarded against them, assembled in a 

 room over the " Gem Saloon," on Royal Street, 

 and styled themselves the "legal House of 

 Representatives." A quorum was not pres- 

 ent, and sergeants-at-arms were sent out to 

 arrest and bring in members. On the 6th of 

 January, the rival bodies claiming to be the 

 House of Representatives were both in session, 

 and great excitement prevailed in the streets, 

 hostile collisions being prevented by the police 

 and military. The Governor issued a proclama- 

 tion, declaring the body assembled at the "Gem 

 Saloon " " revolutionary, unconstitutional, and 

 illegal," and commanded all good citizens not 

 to support or aid it. It further commanded 

 that body to desist from the "illegal and un- 

 warrantable arrests of citizens and members 



of the House of Representatives, and its usur- 

 pations of authority," and threatened its mem- 

 bers with arrest as " rioters, and disturbers of 

 the peace." A writ of habeas corpus was also 

 obtained from Judge Dibble, of the Eighth Dis- 

 trict Court, commanding Colonel Carter and 

 his sergeaht-at-arms to produce in court sev- 

 eral persons alleged to be deprived of their lib- 

 erties as citizens and members of the General 

 Assembly. This order was disregarded, as was 

 also another proclamation of the Governor, 

 commanding all representatives in the Assem- 

 bly legally elected to return to their seats at 

 the Mechanics' Institute, and the body at the 

 "Gem Saloon" to disperse. 



On the 7th of January that body was still 

 in session, and, in the excitement which pre- 

 vailed in the streets, Walter Wheyland, a mem- 

 ber of the Warmoth House, was killed. Carter 

 and three of his supporters were charged with 

 the killing, but, when Carter subsequently ap- 

 peared before the First District Court to an- 

 swer to the charge, Judge Abell declared the 

 action of the Governor in bringing the charges 

 against him " a clear case of conspiracy," and 

 said that evidence clearly showed that Whey- 

 land was shot by a policeman. 



On the 10th a large force of the metropolitan 

 police took possession of the " Gem Saloon," 

 and Carter and his adherents transferred their 

 sittings to the office of United States Marshal 

 Packard, and afterward to the rooms of the 

 Cosmopolitan Club. Attempts at compro- 

 mise were now made, but without success, 

 and on the 16th " Carter's House" telegraphed 

 to the President of the United States, asking 

 that an "inquisition be had into the revolu- 

 tionary and illegal action of H. C. Warmoth," 

 and into "the conduct of Major-Gen eral Emory, 

 commanding the department, in placing Fed- 

 eral troops at the disposal of the Executive un- 

 der the circumstances, "and further, requesting 

 that the troops be removed from the city pend- 

 ing the present contest, "unless martial law 

 shall be declared." Meanwhile the Wilder- 

 ness had been ordered to New Orleans, and 

 the absent Senators made their appearance, but 

 refused to take their places unless the armed 

 force about the capitol was removed. On the 

 20th Colonel Carter issued a proclamation, de- 

 claring his intention to take forcible possession 

 of the Mechanics' Institute, and calling on the 

 citizens to aid him. On the 22d he appeared 

 at the head of several thousand men with the 

 avowed purpose of carrying out his threat, but 

 was prevented by General Emory, who had 

 orders from Washington to allow no conflict 

 between bodies of armed men. 



On the same day, January 22d, a qnornm 

 was at last obtained in the Senate, the ab- 

 sentees appearing in a body, and after an ex- 

 citing debate it was declared, by a vote of 17 

 to 16, that the extra session of the Senate ; n 

 December, 1871, and the election of Pinchback 

 as President were constitutional and valid. 

 Some of the Carterites also returned to their 



