484 



LOUISIANA. 



" lawful Executive of Louisiana," and that the 

 State would be protected from disorder and 

 violence. This recognition was accorded not- 

 withstanding a request from Mr. Odger, Attor- 

 ney-General of the State, and Mr. McEnery, 

 who claimed to be Governor-elect, that judg- 

 ment be suspended until the matter could be 

 fully presented, and the claims of both sides 

 set forth. Mr. Odger had already applied to 

 the Supreme Court of the United States for a 

 writ of prohibition restraining Judge Durell 

 from proceeding further in the case of Kellogg 

 against War moth. This was refused, after 

 elaborate argument, on the ground that the 

 court had no jurisdiction in the matter, unless 

 it should be brought up on an appeal. 



On the llth of December the "Fusion" 

 Legislature met at the City Hall of New Or- 

 leans, which was declared by a proclamation 

 of the Governor to be the State-House, and or- 

 ganized by electing General Hugh J. Campbell 

 for President of the Senate, and H. W. Mon- 

 cure Speaker of the House. Governor War- 

 moth submitted a message, in which he claimed 

 that the election in November was honestly 

 and fairly held, and condemned the action of 

 the United States Circuit Court and the pro- 

 ceedings which had been carried on under its 

 protection. He also issued the following proc- 

 lamation to the citizens of the State : 



STATE OF LOUISIANA, EXECUTIVE DEPARTMENT, > 

 NEW ORLEANS, December 11, 1872. J 



Whereas, A revolutionary assemblage, pretending 

 to be the General Assembly of the State of Louisiana, 

 composed mainly of candidates defeated at the 

 election, but who have been proclaimed elected by 

 persons wholly unauthorized to act, which persons 

 have deliberately and wickedlv falsified the facts of 

 the election, and have pretended to return the said 

 defeated candidates, without having possession of 

 any legal returns or other documentary evidence, 

 thus setting at defiance the will of the majority 01 

 the people ; and 



Whereas, The said fraudulent and pretended Gen- 

 eral Assembly has attempted to impose upon the 

 public by passing pretended resolutions of impeach- 

 ment, in pursuance of which a person falsely assum- 

 ing to be Lieutenant-Goyernor, by virtue of a term 

 of office of Senator, which had expired, has, under 

 the protection of certion unauthorized persons, 

 broken into the Executive office, and declared him- 

 self to be the acting Governor of the State, and per- 

 sists in such claim, in spite of an injunction issued 

 by a competent court ; and 



Whereas, The said revolutionary and fraudulent 

 organization has proceeded to declare the results of 

 the late election by proclaiming the election of can- 

 didates for Governor and other State officers, who 

 were really defeated by many thousand votes ; and 



Whereas, The truly elected members of the General 

 Assembly, being excluded from the capitol by an 

 armed force, temporarily placed at the disposal of 

 the conspirators against the peace and dignity of the 

 State<have met and organized at the City Hall of 

 the city of New Orleans, and are now prepared to 

 enter upon the discharge of their legislative duties : 



Now, therefore, I, Henry Clay Warmoth, Governor 

 of the State of Louisiana, do issue this my proclama- 

 tion, warning and cautioning all good citizens against 

 in any manner recognizing the said revolutionary 

 and fraudulent assemblage, pretending to be the 

 General Assembly of the State, and now in session 

 at the building known as the Mechanics' Institute, 



recently used as a State-House, or the person who 

 claims to act as Governor, by virtue of the fraudulent 

 and pretended resolutions of impeachment adopted 

 by the said revolutionary assemblage, and I do here- 

 by command all State officers, tax-collectors, sheriffs, 

 and others, to disregard the pretended official acts 

 of the said revolutionary assemblage, and of the per- 

 son who falsely and fraudulently claims to act as 

 Governor of the State ; to refuse them all counte- 

 nance or recognition ; but to recognize and deal only 

 with the legal officers now in authority, until such 

 time as their successors shall be regularly installed, 

 in accordance with law, and agreeably to the legal 

 returns of the recent election ; and 1 do hereby de- 

 clare that such officers will be protected in the dis- 

 charge of their duties by all the authority of which 

 the State government is possessed ; and that all the 

 force of the State will be used for the purpose of de- 

 feating the machinations of the conspirators who 

 have temporarily occupied the State capitol, of en- 

 forcing the laws of the State, of enforcing the writs 

 of the judiciary, and of maintaining the peace and 

 dignity of the State. 



Given under my hand and the seal of the State, 

 this eleventh day of December, 1872, and of the in- 

 dependence of the United States the ninety-seventh. 

 H. C. WAKMOTH, Governor of Louisiana. 



By the Governor : 

 Y. A. WOODWAED, Acting Secretary of State. 



The " Fusion " Legislature adjourned on the 

 13th until the regular time of meeting in Jan- 

 uary, but that assembled in Mechanics' In- 

 stitute remained in session until the end of the 

 year. The returns made by the Lynch Board 

 were counted, and W. P. Kellogg proclaimed 

 Governor, and C. C. Antoine Lieutenant-Gov- 

 ernor for four years, commencing on the 

 second Monday of January, 1873. The Board 

 of Managers of the House presented their ar- 

 ticles of impeachment against the Governor, 

 embodying the following charges : 



1. The unconstitutional and unlawful eject- 

 ment of George E. Bovee from the office of 

 Secretary of State. 



2. The appointing, in April, 1870, for Tax 

 Collector of the Parish of Tangipahoa, of John 

 Evans, who had been rejected from the same 

 office by the Senate. 



3. The commissioning of Ogden as Attorney- 

 General, Harper as Sheriff, and Elmore as 

 Judge of the Eighth District Court, when no 

 legal returns had been made by the legal re- 

 turning officers; and conspiring with them to 

 forcibly and illegally put out of office Judge 

 Dibble of the Eighth District Court ; also com- 

 missioning other judges and officers when no 

 legal returns had been made by the legal re- 

 turning officers. 



4. The offering of a bribe of $50,000 and the 

 dispensation of patronage to Lieutenant-Gov- 

 ernor Pinchback if he would organize the 

 Senate to suit the purpose of the accused; 

 and procuring fraudulent registration at the 

 last election in different parts of the State. 



5. Offering to R. H. Catlin, State Super- 

 visor of Election in the Parish of St. Charles, 

 a bribe, in the form of an appointment as 

 State Tax Collector, if he would make a fraud- 

 ulent return of the election in said parish. 



6. Exercising the function of Governor after 

 he was notified that he was impeached, in 



