446 



LOUISIANA. 



orzanixe the Senate ; and In the face of the rule es- 

 tablished two years before in the organization of the 

 Senate, on the motion of said Pinchbeck, himself 

 then a Senator; and, considering the public good 

 and the interest of our constituents, we have with- 

 drawn from the body with which we have been act- 

 ing, and will hereafter take our scat* in the Senate 

 which we believe truly represents the people of the 

 State. 



On the 14th of January, William P. Kellogg 

 was inaugurated Governor at the, Mechanics' 

 Institute. The eame day and Lour the oath 

 of office was administered to John McEnery at 

 Lafayette Square. There was complete cessa- 

 tion of business. The people thronged the 

 vicinity of Lafayette Square. The metropoli- 

 tan police were under arms. The artillery 

 was harnessed and ready for action at their 

 place of rendezvous. United States troops 

 were drawn up on some of the principal 

 streets. Though grave and intense feeling 

 was manifested by the assemblage, the day 

 passed without any outbreak. 



On the Hth of January, Congress took cog- 

 nizance of the Lonsiana case. In the House, 

 it was moved that a joint select committee be 

 appointed to investigate the election. After 

 an animated discussion, it was resolved that 

 the President's message on this subject be re- 

 ferred to the Judiciary Committee, with in- 

 structions to report if the case required con- 

 gressional action. 



In the Senate, Mr. Morton offered a resolu- 

 tion "that the Committee on Privileges and 

 Elections be instructed to inquire and report to 

 the Senate whether there is any existing State 

 government in Louisiana, and how and by 

 whom it is constituted." (See CONGRESS, U. S.) 



Mr. Saulsbnry offered an amendment direct- 

 ing the committee, if it found no legal govern- 

 ment existing in Louisiana, to inquire when it 

 ceased, and whether any Federal officer, execu- 

 tive or judicial, had any thing to do with the 

 overthrow of the legal government. 



The amendment was lost, and Mr. Morton's 

 resolution was then adopt.-.!. 



The two boards of election returned for Lou- 

 isiana arrived in Washington on January 20th. 

 Witnesses were summoned, and the committee 

 proceeded to take voluminous testimony, cov- 

 ering more than a thousand pages of printed 

 matter. On the 20th of February the result 

 was laid before Congress. The following is a 

 synopsis of the majority report of the commit- 

 lMi 



It premises that Messrs. McMillen and Ray 

 each presented credentials as Senators-elect, 

 signed respectively by McEnery, and Kellogg, 

 countersigned by two different claimants as 

 Secretary of State, and each purporting to bo 

 sealed with the great seal of the State of Lou- 

 isiana. It then cites the election law in force 

 in thnt State. Section 67 of this law requires 

 "that should any of tlio returning officers 

 name' I therein lx> a candidate for any office at 

 any election, he shall be ditqnalifiad to act as 

 returning officer for that election, and a ma- 



jority of the remaining returning-officers shall 

 summon some respectable citizen to act as re- 

 turning-officer in place of the one so disquali- 

 fied." 



This act is in conflict with the constitution 

 of the State in various particulars. The c. in- 

 stitution provides that returns of elections of 

 all members of the Legislature shall be made to 

 the Secretary of State, and that the returns of 

 every election for Governor and Lieutenant- 

 Governor shall be sealed up and transmitted to 

 the Speaker of the House of Representatives 

 next to bo holdcn, and that the General As- 

 sembly shall meet in the House of Representa- 

 tives and count the votes for Governor and 

 Lieutenant-Governor. The act provides that 

 returns shall be made to the governor, and 

 that the Governor, Lieutenant-Governor, Sec- 

 retary of State, John Lynch and T. C. Ander- 

 son, or a majority of them, shall be returning- 

 officers for all elections. Under this law, an 

 election was held on the 4th of November, 

 1872. On the 13th of November the return- 

 ing board consisted of Wurmuth, Pinchhack, 

 Herron, Lynch, and Anderson. Governor War- 

 moth resolved to reconstruct this hoard. The 

 office of Secretary of State was in dispute. 

 liovce was elected in 1868. Upon pretense of 

 malfeasance in office, by Executive order, in 

 August, 1871, Warmoth suspended Bovee, and 

 appointed Herron. Judge Emerson, of the 

 Eighth District Court, decided that Warmoth 

 had a right to suspend Bovee, and fill the va- 

 cancy until the close of the next session of the 

 Legislature. Bovee's appeal to the Supremo 

 Court was dismissed, which left the decree of 

 the inferior court in force. At his own re- 

 quest, the impeachment of Bovee was carried 

 over to the next session. In March. 1*72, 

 Hoveo brought a second suit again*! Herron. 

 Judge Dibble decided that the commission of 

 Herron. though legal, had expired, and Bovee 

 was entitled to the office. An appeal from 

 this decision was made to the Supreme Court, 

 which affirmed it on the 2d of December, 

 18T2. 



In the mean time Warmoth had appointed 

 Wharton Secretary of State in the place of 

 Herron, removing him on tlio grounds 1. 

 That his commission had expired, and the Gov- 

 ernor had a right to fill vacanci, s; and. 2. 

 that Herron was a defaulter in a former office, 

 and iiieliirililo. to any office while thus in de- 

 fault. Wharton performed (lie duties of the 

 office until the deci>ion of the Supreme Court 

 in favor of Bovee about December -'. 1872. 



Governor Warmoth, apprehensive thnt the 

 Kitrlith District Court, under this decision, 

 would install Bovee, removed Dibble, and com- 

 missioned Elmore as judge of said court. 

 Klmore refused to execute said mandate 

 and writ in favor of Bovee, for which tin- Su- 

 preme Court fined imd imprisoned him; which 

 sentence Governor Warmoth remitted by par- 

 don. Though prematurely commissioned by 

 Warmoth, it is admitted by all parties that El- 



