LOUISIANA. 



483 



or as a " violation of the restraining order 

 herein," was as follows : 



Now, therefore, in order to prevent the further 

 obstruction of the proceeding in this cause, and fur- 

 ther, to prevent a violation of the orders of this 

 court, and 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 a State-house for the assembling of the Legisla- 

 ture 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 assemblages 

 therein under the guise or pretext of authority 

 claimed by virtue of pretended canvass, and returns 

 made by said pretended returning pincers in con- 

 tempt 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. 



(Signed) C. H DUEELL, Judge. 



NEW ORLEANS, LA., December 5, 1872. 



In pursuance of this order, Marshal Pack- 

 ard, obtaining from General Emory two com- 

 panies of United States troops, took possession 

 of the Mechanics' Institute. On the 7th of 

 December, on the application of 0. 0. Antoine, 

 who claimed to have been elected Lieutenant- 

 Governor, Judge Durell granted an order re- 

 straining Governor Warmoth from interfering 

 with the organization of the Legislature, from 

 doing any thing to hinder those returned by 

 the Lynch Returning Board from convening, or 

 to aid or abet any person not so returned in 

 attempting to take part in the organization of 

 either House of the Legislature. A. S. Badger, 

 Chief of the Metropolitan Police, was also en- 

 joined from interfering with the organization 

 of the Legislature, except to preserve order, 

 and from preventing any person from having 

 access to the two Houses who had a certificate 

 of election signed by George E. Bovee. Writs 

 of injunction were also issued against several 

 persons returned as members elect by the 

 Wai-moth Returning Board, restraining them 

 from attempting to take any part in the or- 

 ganization or proceedings of the Legislature ; 

 against Chas. H. Merritt, Secretary of the old 

 Senate, and William Tigers, Clerk of the old 

 House, restraining them from placing the 

 names of these persons on the rolls ; against 

 Geo. E. Bovee, restraining him from receiving 

 any returns except from the Lynch Returning 

 Board; against Jack Wharton and Samuel 

 Armstead, restraining them from receiving or 

 having any thing to do with the returns ; and 

 against both of the Warmoth boards of return- 

 ing officers, restraining them from attempting 

 to canvass any of the returns. 



According to the returns as canvassed and 

 published by the Lynch Board, the Grant and 

 Wilson electors received a majority in the State 

 of 14,624 votes ; Wm. P. Kellogg as Governor, 

 a majority of 18,861 ; and all the other Repub- 

 lican candidates for the State offices were 

 elected. According to the same authority, 28 

 Republicans and 8 Fusionists were electe"d to 

 the State Senate, and 77 Republicans and 32 



Fusionists to the House of Representatives. 

 The Board counted the ballots attached to the 

 affidavits of thousands of colored men who 

 claimed to have been wrongfully prevented 

 from voting. According to the returns as can- 

 vassed by the Warmoth Board, the Greeley 

 and Brown electors received a majority of 

 6,492 votes; John McEnery as Governor, a 

 majority of about 7,000 ; and all the Fusionist 

 State officers and a majority of the members 

 of both branches of the Legislature, in the 

 same interest, were elected. The Warmoth 

 Board had obtained from Judge W. A. Elmore, 

 who claimed to have been elected to the bench 

 of the Eighth District Court of the State, and 

 had been forcibly installed thereon, to the ex- 

 clusion of the former incumbent, Judge Dibble, 

 an order restraining the Lynch Board from 

 canvassing the returns ; but this had been dis- 

 regarded, and Judge Elrnore had been cited for 

 contempt by Durell, for refusing to send the 

 record of the case up to his court. Neglecting 

 to obey the summons, he was committed to 

 prison. 



A meeting of persons claiming to have been 

 elected to the General Assembly, on the 

 ground of receiving certificates from the War- 

 moth Returning Board, was held at Lyceum 

 Hall, in New Orleans, on the 7th of December, 

 which drew up a memorial to the President of 

 the United States, claiming that the action of 

 Judge Durell was unwarranted by law, and 

 asking that the national forces be removed 

 from the capitol. Marshal Packard also re- 

 ported the state of things at New Orleans to 

 the Government at Washington ; but the Fed- 

 eral authorities declined to interfere in the 

 matter. 



The members of the Legislature, whose elec- 

 tion was certified by the Lynch or " custom- 

 house " returning officers, met in the Mechan- 

 ics' Institute, on Monday, December 9th. The 

 Senate \vas organized with Lieutenant-Gov- 

 ernor Pinchback in the chair, who declared 

 that Governor Warmoth had offered him $50,- 

 000 and the appointment of any number of 

 officers, if he would agree to certain proposed 

 arrangements. The House was organized by 

 the election of Chas. W. Lowell, Postmaster of 

 New Orleans, as Speaker. There were present 

 20 Republicans and 8 Democrats in the Sen- 

 ate, and 50 Republicans and 14 Democrats in 

 the House. The Democrats entered protests 

 against the organization of the two Houses. 

 Resolutions were adopted on the first day, im- 

 peaching Governor Warmoth " for high crimes 

 and misdemeanors in office, committed against 

 the constitution and laws of the State of Lou- 

 isiana," and suspending him from office, pend- 

 ing his trial. Lieutenant-Governor Pinchback 

 assumed the office of Governor, though forbid- 

 den so to do by Judge Elmore, of the Eighth 

 District Court, on the application of Warmoth. 

 He received a dispatch from U. S. Attorney- 

 General Geo. II. Williams, assuring him that 

 he was recognized by the President as the 



