The New York Herald Newspaper, December 12, 1872, Page 3

Le NEW YORK HERALD, THURSDAY, DECEMBER 12, 1872.—TRIPLE SHEET. NEW ORLEANS. Warmoth’s Legislature Organized Against Durell’s Injunction. BANKERS TO THE RESCUE. The Members of the Fusion Assembly To Be Provided For by the Financiers. THE GOVERNOR’S MESSAGE. A Vivid Picture of Wrongs Inflicted by Greedy Politicians. UNCLE SAM'S TROOPS WITHDRAWN ——— Louisiana’s Carpet-Bag Prince De- termined to Whip the Fight. New ORLEANS, Dec. 11, 1872. Affairs have turned threatening again. This morning a private meeting assembled at the St. Gharles Hotel, made up of bank presidents, bank- ers, insurance company presidents and several leading merchants, Governor Warmoth, Governor McEnery, Auditor Graham and several republican Senators were present. It was there resolved that the regularly elected government must be Maintained at all hazards, that the Legislature must immediately meet at the City Hall and or- ganize in deflance of Durell’s injunction. ‘The moneyed men present guaranteed the pay- ment at par of all warrants isued for mileage and per diem in their form, and the Auditor, Graham, pledged himself to issue no warrants for Legis! tive service to other than the Legislature now to be organized, in return for which pledge the bankers guaranteed tne Auditor's bonds. They further passed a resolution requesting the citizens to extend to the members of the Legislature the hospitality of their homes and their warmest eympathy. This opens a direct issue, and in case the Legislature succeeds in obtaining a quorum, which there will be a desperate effort to prevent, 8 regular Legislature war will be organized. They are now in caucus at Lyceum Hall, but the apple I think, will hardly ripen before to-morrow. Warmoth Legislature Organized. New ORLEANS, Dec. 11—2 P. M. At forty-five minutes past one, a quorum of both houses being present, voth houses of the Legisla- ture have organized at the City Hall and are now in session. The issue is therefore made and re- sults anxiously awaited, GOVERNOR WARMOTH’S MESSAGE. Governor Warmoth to-day transmitted the fol- lowing message to the Legislature assembicd at the City Hall:— STATE OF LOUISIANA, EXECUTIVE DEPARTMENT, : NEw ORLEANS, Dec. 11, 1872. FELLOW CITIZENS OF THE SENATE AND HOUSE OF REPRESENTATIVES OF THE STATE OF LOUISI- ANAi— GENTLEMEN—By a special provision of the con- stitution the Governor is authorized to convene the General Assembly in extraordinary session whenever, in his opinion as executive, the occa- sion demands such a meeting. In the exercise of sucha power at this time I feel sure that I have not exceeded the limitations of duty, and I trust that my act will receive the approval at once of your honorable bodies and of my other fellow citi- gens. The condition of public affairs presents a perilous issue, whic! will require the Patient attention, the mature reflection, 4nd the prompt and’ decided action of the General Assembly, A combinstion of persons who, with 4 singular perversion of the ordinary meaning of the English tongue, call themselves republicans, have set on foot an attempt to revolutionize our State | peta which, if successful, can only result in anarchy, confusion and destruction of both the form and spirit of our State organization. The frat act of the conspiracy was the contemptuous defiance of one of the plainest provisions of the constitution of Louisiana, where they nominated a8 candidate for Governor a person then and now 8 Senator of the United States, and as a candidate for Lieutenant Governor a person then and now the Collector of Customs at the city of Shreveport. Article 52 of our constitution, a8 you are well aware, declares as follows :— No member of Congress, or any person holding office under the United States government, shall be eligible to the office of Governor or Lieutenant Governor. The intention of this arttcle is apparent. It is to prevest any of the persons named therein from be- ing candidates for election to these two high and important offices, to prevent such rsons OF officials from using the power and patronage of their positions under the federal administration to fee or coerce nominations and votes. To say hat it was intended merely to prevent a person from being, for example, a member of Congress and a Governor of our State at the same time SIMPLY ABSURD. For one person to discharge at one and the same time the duties of Governor in this State and those of a member of Congress at Washington is a manifest physical impossibility, which the iramers* of the constitution—and, I may ada, of every con- stitution which Louisiana has ever had—well knews and required no fundamental iaw to prevent. As well might it have been declared that the President of the United States should not, while holding his office, be Governor of Louisiana, As well almost might it have been enacted that the American Minister at Berlin or the Mikado of Japan should not be Governor of Louisiana. A constitution, as well as any otner law, should be interpreted with a reasonable refer- ence to the circumstances of its adoption, and the evil, if any, it was intended to prevent ; and to sa; that this article means merely that no one shall continue to be at one and the same time a member of Congress and the Governor of our State is not to give it any such reasonable construction. I can see but one eect in the minds of those who passed this article, and that was to prevent @ member of Co! or incumbent of a federal office from using the power and patronage of the national government to manipulate and seduce a arty convention and then to seduce or intimi- Hate the voters at the Bld In brief, it was in- tended to prevent precisely such a scene as was enacted in Baton in June last, and such a state of things as now puts IN JEOPARDY THE PRACE AND THE PROSPERITY ofthis great Commonwealth. Consider a tew of the facts. A Senator of the United State: claims a technical residence in this State, is well nigh unknown to the people, arrives here from Washington a few days before the assembling of the party convention. He is heralded asthe choice of the national administration for the office of Governor. The Collector of the Customs at New Orleans, the United States Marshal, the Post- master, the Assessor and Collector of In- ternal Revenue and all the rest of the army of federal office-holders throughout the State at once declared that he mi nominated. The convention is assembled in @ country town, under the guns of a federal garrison, whose troops the year before had, under the orders of the same federal Oftice-hulders, surrounded and controlled a party convention. The hall in which the convention is to assemble is, Wg & notable confusion of legal Pree placed under the cl of Deputy ‘nited States Marshals, and no one is permitted to enter unless he bas a ticket signed by the United States Marshal himself. The hour for assembling. finds the hall full of federal office-holders, who have, under one pretence or another, obtained admission, They are called to order by the United States Marshal and informed that he {s instructed ‘by the State committee, of which he is chairman, nominate a gentleman, whom he names, tor tem- porary chairman. THIS STATE COMMITTEE, let it be remembered, has ea Re members, in addition to the United States Marshal, the Col- fecter of Customs of New Orleans, the Surveyor of that port, the Postmaster, the Assessor of Internal Revenue, the Geputy Collectors of the port of New Orleans, the Cotlector of Customs of the city of Shreveport and enough of other federal officials to control its actions. At once # Com- mittee on Credentials is appointed from a femorandum es by the United States jarshal in the hands of the rary chairman, and the body adjourns to awalt the ac- tion of this committee. ‘The work of examining the credentials of 260 members requires more than twenty-four hours, ‘The delegates duly elected are asked the question whether, if admitted, they will support thie” United States Sen- ator for the nomination as Governor. Those who ¢ todo so are promptly admitted, while enough of those who refuse are rejected to make bis nomination sure. In many instances federal emplor now residents of the parishes they claim to be TPndgl are placed on the roll as dele- gates in the piace of those that have been excom- municated. ¢ Chairman of the Committee of Credentials is a Collector of Internal Revenue in one of the richest districts of the State, while one of the other members is A UMITED STATES MANSTIAL. Meantime the canvass for nominations goes on. ‘The friends of one of the opposing candidates cail Spon the Vollector of the Fort of New Orieans—a 1e they will not be distu: Custom House if they exercise choice. The Collector torily refuses to give the assurance, and the del retire with the con- viction that their continuance in the employment of the national government, depends upon their support of the United States Senator, the candi- date of the federal officials, After twenty-four hours’ delay the body, packed in this way, as- sembles in the Hall, and when large pumbers of rejected delegates, comprising some of the ablest and best of the leaders, rise one by one to protest ‘ainst the committee's report, their voices are drowned py the Cage @ brass band and the screams of a crowd of bullies imported irom New Orleans for the purpose, permanent organi- zation is then effected, THE SURVEYOR OF THE PORT of New Orleans 1a made permenant President, and the chief Deputy of the United States Marshal per- manent Secretary, while the other officers, includ- ing the coment’ oo Aaa, are all or nearty all leral office-holders, The call of the roll discloses the fact that a malcrisy: nt were holders of ofice under the Unite: tes government. The Lenton begins, and finally the result is an- nounced, and the United States Senator is nomi- nated by @ majority of one yote, Then comes the cam} The Custom House is filled to overflow- ing with the men employed, not for any use they could possibly be to their country, but for supposed pol uence, They are sent through the State canvassers and pullers of wires. A bi band, whose members po dle employés of the government, discourses music at the meetings of the candidate. An as- sessment is laid upon every employé and officer of the United eagres within the Bal to pay ee expenses! e cam newenARer printed as the organ of ae oe supported by Qn assessment of seven per cent deducted eacl month by the heads of department from J leans, | 2, Ne lh a sonar 4 GNitRD STATES SOBER (to his sorpriee and disgust, I hope) finds himself summoned from his distant home in Alabama under an election law introduced by this same Senator, and haste) through Congress by the ald of the dministration, known as ‘“Kellogg’s Election ww.’ The Judge ig summoned to appoint a sapersiaes of wire Se every pariah and. tno commissioners of electio! ry election. These Sppaintes With ne hepaty Madeahels wt in some instances numbered 250 in a single parish, pod neraded ria official hadgenorahiesonsd the any caves supporte Gaited States ‘oops, surrounded the polls and ae tempted by this of cial and even military dipsiay to intimidate the people and, Se Sacea “ fh a ie inh employee of the pationas government revent them from vot- ing inst the Senator ef the United States. exal ition of the returns shows that in those par- ishe: ere large bodies of bailiffs and troops were thus used the intimidation was such that several thousand voters were prevented from attending at the polls and voting on the any of election, THESE ARB Pi which. can be proved beyond a peradventure by abundant testimony. They are recounted here, not because I have a fondness for dwelling on such nauseating details, but to exhibit the evils which must have been anticipated by the framers of the constitution when they placed this prohibi- tion in that instrument. I submit to the General Front pie’ and to my other fellow eitizens of the State whether any other interpretation can be laced upon the article than this—that no mem- er of Congress or federal office-holder is cepeD of being @ lawful candidate for the office of Governor or Lieutenant . Governor or is capable of being legally voted for as such, and whether all votes cast for candidates thus notori- ously ineligible are not null and.void? And in a legal sense the article has meaning which recent events have fllaplaxed, with a painful prominence, while with the other interpretation—namely, that it sim- ply intends that no one shall hold the two positions at once—it is well nigh meaningless, being re- duced to 8 Probes of an act which no law- TBS would anticipate and no sane man attempt; and now THESE CONSPIRATORS, having been defeated at the polls in spite of their extraordinary plans, seek to nullify the voice of the people by instituting @ suit in equity in the Circuit Court of the United States ist the State of Louisiana, the Governor of the State bel made a pevicte at deiendant a8 Governor, and being intended by the bill to restrain him from peri certain acts as Governor and to compel him to perform certain other acts as Governor. They have procured the United States Attorney as a solicitor to file the bil They have in utter shameleseness tried to hold out to the Judge before whom as Chancellor the bill is pend- ing the hop: of reward by fabricating telegrams from Washington to the effect that an unexpected vacancy in the Supreme Court of the United States may be filled by an appeinmaent from this of the country, and publishing these pretended de- spatches several times in their official organ. They have filed in the case several thousand aMdavits, so-called, made on forms printed by the United States Marshal in New Orleans, and distributed them broadcast throughout the State, and now filled up and signed chiefly with the marks of un- known persons, who say taey did not vote at the late election. The process by which the United States Senaior expected ww seize PUSSESSION OF THE STATE GOVERNMENT after having been defeated in the election, was through the operation o: an injunction, in the bstherd for which he talsely swore that it was the intention of the Governor and the returning of- ficers to mutilate and destroy the election returns, and as falsely swore that this, Erocpering was a necessary [etd to a suit which he intended to bring. The fact was that the returns conclu- sively proved his defeat, and his object was to ob- tain Such orders from the District Judge sitting as @ Chancellor as would enable him to substitute for the legal returning offivers others of his own choice, his partners and confederates in the con- spiracy; to prepare the assistance of the United States Marshals and United States soldiers to avert legal opposition to his scheme to seize upon the State Capitol, to exclude the elected members of the General Assembly, and to constitute a legisla- tive body Re of Boe selected by his agents and proclaimed elected without even the retence of legal returns, The Judge of the United tates Court became a CONFEDERATE OF THE CONSPIRATORS. He lent himself to the fraudulent purposes of the United States Senator. He assumed jurisdiction in the case, not fer the sake of perpetuating testi- mony, for the testimony which was falsely alleged to be the object of the suit was conclusive against the pretensions and plans of the conspirators, but Teally to assist in overthrowing the State govern- ment, and in forcing a the people a legislative budy in defiance of their wishes and in contempt of the sacred rights of the State, of con- stitutional and statute law and of public liberty, and these wicked purposes he resolved to accomplish by a prostitution of judicial functions and an arbitrary application of judicial processes unparalleled in the history of any civilized coun- try. At the demand of ihe conspirators he par- alyzed the State government, by restraining the Governor in the exercise of his executive duties, He prevented the canvassing of the election re- turns and the proclamation of the resuits, He ordered the RETURNS TO BE SURRENDERED to men whom he falsely declared to be legal return- oMicers after the offices which they claim to hold had veen abolished by law, after @ State Court had definitely decided the case by recognizing the validity of the repealing law and while a Board of Returning Officers, appointed by the Governor under the authority of the constitution and com- posed of citizens eminent for their integrity, was engaged in the duty of compiling the returns. He permitted the conspirators to summon the Governor before him to answer for an alleged con- tempt of his authority, and held over him for many days the threat of imprisonment, in order to deter him from exercising his constitutional functions and discharging his legal duties, He did not hesitate to ai at & midnight caucus of the conspirato! to_ sign an order prepared by them (a the United States Marshal to take possession of the building used as the State Capitol, well knowing that it was the purpose of the Marshal to bring in the United States soldiers under the false pretence that such assistance was an to enforce the orders of the Court. a FLAGRANT DISREGARD OF PUBLIC DECENCY and of judicial forms he suffered this to be done be- fore the trial of the case had ended, betore the case even the order was recorded in nis Court, sealed with bis seal or countersigned by his clerk. At the darkest hour of the night two companies of the United States troops, under the direction of the United States Marshal, and in exe- | cution of the ill orders of the United States District Judge, seized upon the Capitol and held it subject tothe wishes and designs of the United States Senator and his confederate conspirators. Having thus prepared their defences, they pro- ceeded to make a false and fraudulent canvass of the election returns, based upon no official documents, but consistin; ay of arbitrary figures arranged according to the necessities of their case and corresponding with nothing except the perjured statements of the conspirators and their defeated allies and partisans, and finally they in availed themselves of the services of the facile and convenient Judge of the United States District Court by requiring him to issue an order restraining the legally elected Representatives and Senators assembling at any place or at- tempting in any way to discharge the duties which the people had imposed upon them. This ex- traordinary order was issued by the Judge on the eve of the day on which he had declined, on the pretence of sickness, to entertain an applica- tion for relief from the Governor’s counsel, made at the private residence of the Ji and after having, in oj Court, ref w let a motion of the same counsel be either read or filed. It is scarcely necessary to Pa ngh what is so well known to all of rou, that the élection recently held was fairly and \onestly, conducted under the laws of the State, Fe ig tak ge grt unusual large, r 1 largest ever cast in Louisiana. The total vote “for Governor, exclusive of the three parishes of St. James, Terrebone and St. Tammany, from which irregular and informal returns were re- ceived amounting to 128,402, an increase of 21,860 on the vote of 1870. The republican vote, estimat- ing and adding the three omitted parishes at the same vote cast in 1870, which was 3,734, is only 2,461 below the vote cast for THE REPUBLICAN STATE TICKET at the last election, and it ie well known that thou- sands of republican voters throughont ihe state at this ¢lecion pupported the Jus:on ticket, The returns made by the State oMeers were in due form, and these returns are the only official evi- dence im existence of the vote at the late election, The pretence of the agents selected Kellogg to promulgate an oficial the result that they have made @ compilation of the votes 18 only one of the bold, audacious falgehoods by which every step of the conspirators has been marked. Those gersons had no returns, mo documents, no evidence of any kind in their pomsesien, except the statements made up by maselves and their lies for the con- summation of their frauduient purposes. A com- arigon of the tabulated statement, published by eon with the general returns as previously pub- lished shows t mee did their work in fagrant deflance of decency and without even an attempt to conceal their fraud and falsehood trom the eyes of the public. The bill filed by SENATOR KELLOGG ALLEGED simply a deficiency in his’ returned vote of about ten thousand, due to an alleged suppression of a portion of votes actually cast and a refusal to teaser or to receive another portion. The eed appremion was totally false and was sup- ported y no _ evidence whatever, even the simulated cross-mark affidavits with which the conspirators so liberally themselves im advance. The affidavits filed by them amounted to about four thousand in number, according to their own gtatement. If they had simply added this number to the total it would have given Kellogg 64,233 votes against 68,169 for Mr. McEnery—not enough to show an apparent election, even including the vote of the three omitted parishes. They, therefore, without returns without testimony of any kind, without even adepting and following any rational theory of com- utation, added the erroneous number of 12,675 to nator Kellogg's vote; and, as if to still further INSULT THE INTELLIGENCE OF THE PUBLIC and still more flagrantly expose their own false- hood and wickedness, they deliberately struck off sat fo $0. xO}es coal Ge Mr, McEnery. he rns i ler _were—for ee ee. Sas ellogg, 3 for ery, none, The vote of Natchitoches was— for McEnery 1,250; for Kellogg, §50, They re- port for Kellog 1,206; for McEnery, none. In As- sumption they have added 504 to Kellogg's vote, and subtracted 454 from McEnery. In Avoyelle: they add 525 to Kell vote and subéstraci 454 from McEnery, i it Baton Ror they add 1,343 to Kel ot \d substract from McEnery’s. In De add a | Wkdions a Be ue- aiscee. vote. tne is vote and sub- McEnery’s, McEnery has oe votes, the; In Winn, where McEnery has 575 votes, pper, alow him 127, a where ba read 453, votes, they allow him 104, In St. Mary they add to Kel ogas vote and aubscract 500 from Mc- inéry'a, In Union, eer sks McEnery has 1,418 votes, 4 they allow him 460, rleans they strike between 3,000 and 4,000. from McEnery’s vote, and in almost every parish they have made changes equally CAPRICIOUS AND IRRATIONAL and returns equally false and fraudulent; and these are the men who based their suit at law pe the charge that the Governor and _ the returning officers intended to falsify, to mutilate and to destroy the election returns. Those returns are in existenco. They retain all the integrity of their original form, they are unmatilated and unfalsified. ey consti- tute the only evidence of the election that any law recognizes or that any honest judicial tribunal would accept. They have never been in the hands ofthe conspirators, and yet these persons pre- tending to act as public officials have promulgated results 80 monstrously at variance with the truth that they seem to court THE NOTORIETY OF FALSEHOOD. and to revel in the publicity of frauds. Gentlemen of the General Assembiy, the plot against the rights of the peo} le of Louisiana contrived within the walls of the Custom House and rendered pos- sible of success by the accession to its councils of @ corrupt Judge ready and eager to pros- titute his judicial functions to the service of the conspirators has culminated In the assem- bling of a pretended Legislature composed mostly of defeated candidates and protected by the bayonets of United States soldiers. The pre- tended House of Representatives have pre- ferred articles of impeachment jainst the Governor and the remnant of the Senate, in concert with the fraudulently’ admitted Senators have resolved themselves in a ee Court of Impeachment. The late President of the Senate, Mr. Pinchback, whose term as a Senator expired with the last election. has by force and tn violation of law and established precedents, con- tinued himeeif in oMice. and claiming that he is Governor by reason of the impeachment of the executive, has violently VE CHAMBER N OPEN THE EXECUTT and sed himeelf of. the State archives. The Members of the General Assembly, prohibited by injunction of the United States Court and by the threatened inte! mn of United States tery from — disch: their legislative duties, can do nothing except effect an organiza- tion, That the Supreme Court will sustain the — violent, pearing and illegal course of the District Ji scarcely to be conceived. That the Congress of the United States will sanc- tion this outrage upon law and justice and upon the dearest os hg of the peopie of this State can- not be imagined. and a decent respect for the Chief Magistrate of the nation requires us to belleve that when the facts and the testimony in the case are laid before him_ he will not tolerate the perversion of federal authority and the abuse of the military power, by means ‘of which the conspirators have thus far succeeded in carrying out their de- signs. I believe that a memorial from the General Assembly reciting the facts as they have occurred, supported by the mass of conclusive tes- timony which can be produced, would meet with respectful consideration on the part of the Presi- dent and of Congress, and that they will find means to save the country from THE SCANDAL AND REPROACH with which the final success of the conspirators would soil the American name, I confide in your wisdom and discretion, knowing, as I do, that you represent not only the majority of the people, but its intelligence, its dignity and its patriotism. It is my duty to recommend to your consideration the grave subject which I have just described, and to urge upon you the importance of taking at once such action as may in your judg- ment seem necessary to meet the emergency and maintain the constitution and laws of the State. I will Jay before you the votes of the people cast at the late election for Governor and Lieutenant Governor. It is your province and yours solely to declare the Tesult. You alone are, by article forty-eight of the constitution, vested with this power to count the votes for Governor and Lieutenant Governor, and your declaration will be final. It is not a ju- dicial questfon. It is vested by our fundamental law and in accordance with well-settled rules of jurisprudence, in the eeueen department of the State government, and you, fellow citizens, as the General Assembly, must determine it. Lrespectfully suggest that, under your powers, conferred by article 48, you also settle, once for all, the meaning of article 52, to the end that this cor- rupting influence of federal patronage in State concerns mnay be ended forever. H. C. WARMOTH. Governor of Louisiana, The Lynch and Hawkins’ Returning Board make @ material change in the result of the city and parish election. They return as Judges for District Courts, the elections of whom were close and not determined by the Governor’s Board:—E. Men- nier for the Third and B, Lynch for the Fourth Dis- trict. All the republican candidates for Congress are returned. THE MILITARY WITHDRAWN. Nothing exciting has occurred except the with- drawal of the military, which have vacated the State House and returned to the barracks, The City Hall Lepisiature was in session until night without being disturbed, and no action is expected tobe taken in the contempt case until Monday next. The State House Legisiature ta also in session, proceeding rather noisily with the usual business routine. The people seem to be terribly in earnest to maintain the old State government, but will of alleged contempt had been tried, and betore | eer g t, but will make no overt resistance to United States au- thority. The committee appointed at the citizens’ meet- ing have been in session during the entire day, and have almost concluded their selection of the one hundred delegation to Washington. The City Hail Legislature have all been provided for, and intend to stick it out. If arrested they are prepared to go to prison in a body. Ketogg, Packard and the other radical chiefs are now in caucus at the St. Louis Hotel. IS THE CITY HALL TO BE GARRISONRD ? Many rumors concerning their intentions are flying about—among others a design to seize and garrison the City Hall before daylight. The events of the day have certainly demoralized their plans to a great ex- temt, anda change of tactics is inevitable. They are more in fear of the public sentiment against them, and would probably welcome an outbreak in order to afford amore favorable solution of the muddle. Take it all in all the situation here is a most em- barrassing one, but the events of to-morrow will probably give it some direct shape. The Kellogg Legisiature passed a bill abolishing the Seventh and Eighth District Courts and creat- ing a Superior Court, with exclusive jurisdiction in issuing injunctions and mandamuses in all cases in which the State, City and Metropolitan Board shall be parties. A resolution was passed arraigning W. H. Elmore, Judge of the Eighth District Court, before the bar of the House for contempt for issuing the injunc- tion yesterday against Pinchback. By order of Acting Governor Pinchback, Major General Hugh J. Campbell has been relieved from active duty and Major General James Longstreet, of Louisiana, of the State milltia, has been assigned to the command of the First’ division. This move- ment is doubtless made with a view of relieving the United States troops still on duty at the Me- chanics’ Institute. In the fusion Legislature a joint committee was appointed to notify the Governer, ‘Warmoth’s Proclamation Against the Kelloggites, New ORLEaNS, Dec. 11, 1872. Governor Warmoth to-day issued the following proclamation :— Stare oF LOUISIANA, EXECUTIVE DEPARMENT, NEW ORLEANS, Dec. 11, 1872. Whereas, @ revolutionary assemblage pretend- tending to be the General seccmnbly of the State of Louisana, composed mainly of candidates defeated at the election, but who have been proclaimed elected by rsons wholly unauthorized to act ‘which persons have deliberately and wickedly falaified the facts of the eleetion, and have pretended to return said defeated candi- dates without naving possession of any legal re- turns or other documentary evidence, thus settin; at deflance the will of a majority of the people; an: Whereas the said fraudulent and pretended General Assembly have attempted to impose upon the public by passing pretended resolu- lutions of impeachment, in pursuance of which @ raon is falsely assuming to be Lieutenant Governor by virtue of the term of office as Senator, which had expired, has, under protec- tion of certain unauthorized persons, broken into the Executive office and declared himself the act- ing Governor of the State, and persists in such claim in spite of an injunction issued by @ compe- tent Court; and Whereas said revolutionary and fraudulent or- ganization has proceeded to declare the results of the late election by prociaiming the election of candidates for Governor and other State officers was are really eres by many thousand votes; ow te and - Whereas, the truly elected members of the Gene. ral Assemblies being excluded from the canttal by |. fn 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 this city of New Orleans and are now pre- pared to enter upon the discharge of their legisia- ive duties. Poe s6 S64 ek Now, therefore, 1, Henry Clay Warmoth, Governor of the State of Louisiana, do issue this, my procla- mation, warning and cautioning al! good citizens against in a@ny manner recognizing said revolutionary and fraudulent assemblage pre- tending to be the General Assemby 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 Gover- nor by virtue of a fraudulent and pretended resolution of impeachment adopted by said pevalnlicnacy: assemblage; and [ do hereby comman State officers tax collectors, sheriffs and others to disregard pretended oficial a of said revolutionary as- semblage, and of the person who talecly and fraudulent! claims to act as Govy- ernor of the State, to refuse to them all countenance or recognition, but recognize and deal only with the Lai an oficers now in authority until such time as their successors shall be regu- larly installed in accordance with law and agree- able with the returns of the recent election, and I do hereby declare that such officers will be protected in the discharge of their duties by all the authority of which the State gov- ernment is possessed, and that all the force of the State will be used for the purpose of defeating the machinations of the conspirators who have tem- porarily occupied the State Capitol, of enforcing 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 affixed this 11th day of December, A, D, 1872, and olthe independence of the United States the ninety-seventh, H. ©. WARMOTH, Governor of Louisiana, By the Governor. Y. A. Woopwarp, Acting Secretary of State. The militia oMcers, having been ordered by act- ing Governor Pinchbeck, through Adjutant Gen- eral Strut, to report to General Longstreet, ex- press their determination to obey no orders but those emanating from Governor Warmoth, whom they still regard as their Commander-in-Chief. The militia are on duty to-night guarding their armory. The Attorney General to Licutenant Governor Pinchback. WASHINGTON, Dec, 11, 1872. Attorney General Williams sent the following telegram to Lieutenant Governor, and, pending the impeachment trial of Warmoth, Acting Governor Pinchback, of Louislana:— The requisition of the Legislature transmitted by uu ts received. Whenever it becomes geal in the judgement of the President, the State w: be protected from domestic violence. A Statement of the Case in Louisiana. To THE-Hh.tor OF THE HERALD:— In view of the remarkable condition of political efairs in Louisiana I have thought that a correct statement of the case would be both interesting to your readers and instructive to those who desire to think and act intelligently in the premises. Being @ native of Louisiana, a resident of New Or- Jeans and having actively participated in the late political campaign, believe there is no one better acquainted with all of the details of the present po- litical muddie in the State than Lam, and from my intimate knowledge of all the leading political men of all parties I know their plans, their hopes and their intentions, The attempt to overthrow the legitimate State government of Louisiana is confined exclusively to the federal ofice-holders, backed by the negroes. The prime movers are United States Senator W. P. Kellogg, United States Marshal Packard, United States Deputy Collector Herwig, United States Naval Ofticer Ingraham (colored), United States District Attorney Beckwith, ©. C. Antonie (col- ored), United States Collector at Shreveport; P. B. 8. Pinchback (colored), defeated candidate for Congressman at large ; United States District Judge Durell, candidate for United States Senate, ana E. C, Billings, attorney for E. E, Norton, universal assignee in bankruptcy and applicant for the suc- cessorship of Judge Durell. Here you have the entire list of conspirators against the State gov- ernment. In an election remarkable for its good order and fairness all over the State the Custom House party, as they are termed with us, was defeated by @ large majority, by the liberal fusion ticket. Their defeat was owing ina great measure to the dissensions in their own ranks. Their party was split up into no less than three factions, while the liberal fusionists presented an unbroken front and thus marched on to victory, scattering their demoralized and disorganized opponents to the four winds of heaven. Humiliated and chagrined by their discomfiture, they conceived @ desperate plot to rob the people of Louisiana and deprive them of the government they had selected in the manner provided by the organic law of the land. ‘o accomplish their design the co-operation of Judge Durell must be secured. By those at all familiar with the administration of the poe Court in New Orleans by this United States official it will be readily understood how easy it is toenlist him on any side of a judicial question. The United States Senatorship was a choice morceau, and the tempting bait was no sooner thrown out to this “most righteous Judge’’ than he goobled it down, hook, pole and all, at one swallow. This arranged, Mr. E, C. Billings, 'the fldus Achates of the Judge, must also be provided for. The able counsellor was still #1 Hg Moe his defeat for the republican nomination for Governor, brought about by Pack- ard, the United States Marshal. The $25,000 spent by Mr. Billings in the convention proved of no avail against the threats of Packard to dismtss every employé of the Custom House inthe con- vention if he voted against Kellogg (and a large proportion of the convention was composed of | Custom House officials). Hence Mr. Billings was loud and deep in his denunciations of the Custom House Le J of corruptionists, and at one time threatened to support and vote for Colonel McEn- ery, the opponent of W. P. Kellogg. A reconcilia- tion was therefore indispensable, and so Mr. Bil- | lings was promised the dudgennip of the United | States Court or a seat on the Supreme Bench of the State. So Mr. Billings suddenly became as gentie as a loving swain and as tractable as a piece of wax. He pleaded long and eloquently before Jud Durell in favor of issuing such an order as to Ly fo ize a Legislature that would elect the Jud, 0 self United States Senator: and declare elected a Governor that would appoint the Attorney a Juage of the Supreme Court. And Judge Durell granted the order upon which an unauthorized body isnow presuming to act as the Legislature of Lo! HOW THE CUSTOM HOUSE PARTY MAKE THE RETURNS. Notwithstanding the returns of the State and city election have always been and are still in pos- session of Governor Warmoth, the only legal cus- todian, the Custom House party have promulgated returns based stnpty upon memoranda kept by the republican United States supervisors of the elec- tion appointed under;the recent act of Congress. When the republican votes in any parish, reported dn this way, were in the minority the Custom House Board would add, by way of a foot note, that in addition to the votes pelled they had counted a sufMictent number of aMdavits of negroes who were Not allowed to vote so as to reverse the majority. In this way the republican ticket is declared elected. HOW AFFIDAVITS ARB OBTAINED. Under an appropriation recently made by Con- gress very extensive repairs are now being made upon the Custom House, This gives employment toa large number of men, and generally preference is given te negroes. In order to obtain employment it was only a elort to ve, to make an affidavit ne yy of the right to vote. This secures the it @ situation, Lp) this way hundreds of | negroes have been made to commit perjary. In many instances, however, they are innocent of any crime, for they make their mark to a document which they are unable to read and are ignorunt of its contenta, COMPLEXION OF THB LEGISLATURE. ‘The Custom House is fully represented in both branches of the Legisiature. Inthe Senate we find as members Deputy Collector of the Port Herwig, Naval Officer ingraham, Inspector Sypher. in the House are Postmaster Lowell and a number of subordinate officers in the Custom House, whose names Icannot now recall. A brother of Deputy Collector Herwig was @ candidate for Sueriifand de- feated by 13,000 majority; yet he will, under the present condition o! things, be declared elected. IBY. COLLECTOR CASEY. It ts gratifying to say that in this disgraceful conduct of United States oMcials Collector Casey has taken no active part. He knows the villany, fraud and corruption underlying the whole moye- ment, and will not join in the revolutionary eftort to overthrow the government of Louisiana, But he is culpable in permitting his subordinates to take 80 prominent a part, a8 it must necessarily com- promise him and make him liable to responsibility y those who are not aware of his personal indiffer- ence to the political squabble. GOVERNOR WARMOTH. The course pursued by Governor Warmoth in this whole affair meets with the unqualified approval of every good citizen in the State. He has con- ducted the election strictly in accordance with the law. Unwilling to act with a party thoroughly unscrupulous and bent upon the ruin and bank- ruptcy of the State, he ory zed the liberal party, composed of the entire white population, the best portion of the white republican party and a la number of negroes who had become thoroughly disgusted with the treachery and double dealing of the Custom House Rinz. With the liberal ticket in the fleld, opposed by several factions of the radical party, victory was easy and the capital- ists, bankers, Chamber of Commerce, Cotton Ex- change aud the entire community are in perfect accord with the Governor to rescue the State from the grasp of unprincipled and bad men. * EDWIN L. JEWELL, ‘ASHIN' . Gina vie eueros Wasuinerton, Dec, 11, 1872, Business in the Senate—A Statue to the Dead of the Navy To Be Let In Free of Duty=The Holiday Recess. Soon after the journal of the Senate had been read to-day Mr. Anthony reported from the Naval Committee the House bili directing the Secretary of the Treasury to admit free of duty the monu- ment designed by Admiral Porter and now being executed in Rome by Franklin Simmons to the memory of the officers, seamen and marines of the navy who fell in defence of the Union, The bill fur- ther authorizes the Secretary of the Navy to have the monument brought in a national vessel to An Dapolis, where it is to be erected in the grounds 0¢ the Naval Academy, While the bill was being read alleyes were turned towards the seat of Sumner, who might oppose having the monument erected at all, but he was absent, an@ the bill was enacted without opposition, Soon after Mr. Colfax became Vice President the Senate, avowedly as a compiiment to him, passed @ bill admitting a chime of bells for a church near his residence in Indiana duty free, against the re- port of the Committee on Finance. This pre- cedent has not been followed. The Senate refused yesterday to permit a Catholic priest in New Orleans to receive free of duty a marble altar presented to him by his former college associates in Ireland, and to-day a bill to permit the New York Seventy-ninth Highlanders to import a set of uniforms, including belts, free of duty, was virtually killed, although Cameron was to have secured its passage, his brother having fallen at tne head o1 this regiment at the first battle of Bull Run. The Senate went over twice as much of the calen- dar as it disposed of yesterday, and passed a good many private claims, none of them involving any question which led to discussion. Opposition was manifested to the House resolution proposing an adjournment from December 20 to January 6, and an attempt was made to shorten by some of those Senators who are keeping house here and don’t want to leave. But this was voted down and the long vacation was carried. As only eight wecks will now remain after the holidays for the transac- tion of business there will be slim chances for jobs and swindling schemes, Lively Proceedings in the House—A Bil- lingsgate Debate on the Soldiers and Sailors’ Land Claims and the Indian Appropriation Bill. 2 In the House the greater part of the day was frittered away in aimless debate upon the Soldiers and Sailors’ Bounty Land bill and the Indian Ap- propriation bill. The passage of the latter was a foregone conclusion; but several members would not miss the opportunity of dilating on the fertile theme of poor Lo. There were, as usual, two sides, representing extreme views. One was for treating the noble savage as the original American gentle- man; the other side quoted approvingly Phil Sheridan’s recipe for the extermination of vermin. ‘The first thing presented was a memorial from the Centennial Commissioners, It appeaicd to Congress for aid in order to make the cele- bration worthy of the occasion, the people having shown in this matter an apathy not at all flattering to the national pride, The memorial was referred to the Centen- nial Committee. The Soldiers’ Homestead bill then came up for consideration. Mr. Hawley, from Con- necticut, made a speech showing that there can be but one honest opinion on this bill; that it bears the impress of a job on the face of it. He estimated the number of persons to be benefited by it at 2,000,000. Giving a certificate for 160 acres to each there would be set afloat all at once land warrants for 320,000,000 acres. How many soldiers of the North would abandon their present homes and pur- suits to settle upon those lands in the far Western wilds? Echo answers not one out of 100. The (certificates would become mere trash in the market. They could be acquired by the land speculators for a trifle, say ten dol- lars apiece. They would be depreciated for the additional reason that 200,000,000 acres have already been squandered away upon railroad cor- porations, which are now selling at a nominal price. Thus the soldier, or his widow and orphans, would have little or no benefit from this act. All the advantages of it would accrue to the land sharks, Mr. Washington Townsend said the Pennsylvania department of the Grand Army ot the Republic, in session at Easton in February, 1872, expressed its disapprobation of the bill. He presented a circular to that effect, signed among others by the Governor elect of Pennsylvania. The mention of General Hartranit produced upon Mr. Spear, a democrat from the same State, the effect of red flannel flaunted in the face of a bull. He declared the Grand Army of the Republic was only a political machine in the interest of the railroad corpora- tions, Those who had signed the circular were not soldiers who had borne a musket through the heat of battles. General Hartranft had caused it to be denied that he ever signed the circular in order not to injure his chances of elec- tion, He (Speer) had been called a liar not less than fourteen times by @ Hartranft organ, for having asserted thatthe circular bore Hartranft’s signature. Here Washington Townsend, whese face resembles that of @ medieval sage, jumped to his feet and catechised the bellicose Speer asto the truth of his assertions. The controversy be- came highly personal and sensational. The two gentlemen fell to ransacking the gutter of the late campaign and pelting one another with figurative mud balls. Mr, Townsend exclaimed that all the rebels were democrats; that nine-tenthy of our army were republicans; the war had been fostered by Northern demo- crats, and so forth. To cap the climax he declared that there was not a sing!e democrat in the House who had borne a musket in the war. At this Randall, from Pennsylvania, rushed forward and exciatmed, ‘Ihave borne‘a musket as a private; have your’ Washington Townsend was fain to acknowledge that he had not, upon which Speer said, with withering sareasm, “I know he hasn’t. Like Job’s liorse he smeit the battle from afar.” “He was making money in the rear,’ said-another democrat. Groups gathered round the combatants, repeated rapping of the gavel restored order and the wordy war ended amid shouts of laughter. At the expiration of the morning hour the bill went over. Ithas no chance of passing; at least not until its chief and most objectionable feature is changed by amendment. The French Spoliation Claims. Mr. Leonard Meyers, from Pennsylvania, pro- prosed to-day that January 22 should be Gxed for the consideration of the French Spoliatiog) bill, but it was left to take its chance as the order of the aay, The Credit Mobilier Investigation To Be Held with Closed Doors, Some very interesting revelations might be expected from the committee charged with the investigation of the Credit Mobilier Scandal, which meets to-morrow, if it were not so peculiarly constituted as to be strongly suggestive of the whitewashing process which has been so successfully applied ere now in similar cases, The investigation is to be conducted within closed doors by direction of the chairman, Mr. Poland, and for the sole purpose of shielding the questionable transactions ofsome ofthe parties implicated from the glare of publicity. There is most damaging evie dence extant and at the command of the commit- tee, but should it even take the trouble to get the facts they will be smothered within the four walls of a room never to see the light of day; and when the final report will appear none will pe the wiser for it, It is the general opinion here that ashadow of suspicion, however faint, attaches to all the members of the committee except one. To begin with Poland:—He has been imstrumentad in passing some of the most stupendous railroad Jobs. It is stated his amiations with Oakes Ames and the railroad interest are too intimate to allow him liberty of action, that impartiality would be too much to expect from him. General Banks, an- other member, will go out at the end of this short’ session. He cannot afiord to spoil his chances of future preferment, especially where Massachusetts’ investments are concerned, He has nothing to gain, but rather something to lose, if he insists on dragging to light the question. able acts of influential men, Mr. Nib- lack, from Indiana, is likewise allied with the railroad interest, and his past record is not clear from the mercenary scent of jobs. Mr. Mc- Crary is in the same predicament, There remains now Judge Merrick. Of him nothing more can be said than that he is a man of known and tried integrity. He is little versea in the tricks of the trade and will give the accused the benefit of the doubt, however slight that doubt maybe, His voice will be in accordance with that of the majority of the committee, in the same way as he would not hold a prisoner guilty of a crime unless he has been found so unanimously by a jury of twelve men. There seems to be but one gentleman really anxious fora strict investigation. It is Speaker Blaine. He apparently has nothing to fear from an impar< tial scrutiny of the Credit Mobilier transactions,! The members of. the House who are alleged to be connected with this infamous business say that they are ready to prove their guiltiessness, Boutwell’s Syndicate Schemes—German Bankers Ready to Take the Loans if the Secretary Will “Go West.” The Ways and Means Committee meets to-mor- row to consider Secretary Boutwell’s supple- mentary Syndicate schemes. It is known that the representatives of a Syndicate of German bankers, through whom large American railroad loans have’ been successfully placed abroad, stand ready to take the whole four, four and a half and five per cent funded loan, for a direct and open commission of two and a half per cent for services and ex} penses, leaving the Treasury free of all expense be+ yond the issuing of the bonds, and clear of the necessity of resorting to indirect devices to in- crease the margin allowed by law. These parties claim that their terms are absolutely below the actual cost of any loan yet negotiated, and believe that by a proper effort the necessary legislation could be secured; but they decline to take any steps towards advancing the credit of the United States while Mr. Boutwell is in the Treasury, feel- ing assured that when, by the labor of others, the funded loan had been transformed into.a desiranie investment, the present Treasury ring of Wall street operators would be allowed to reap all the profits. Experts to be Heard on the Postal Tele« graph Bill. Mr. Orton, President of the Western Union Teles graph Company, has made application to be heard before the Committee on Appropriations on Mon- day. Mr. James H. Brown, President of the Frank- lin Company, has made a similar request. Mra Palmer’s Postal Telegraph bill will not be pr@- sented until those two gentiemen have been heard. Almost a Revolution—A Sheriff Arrested in the Senate After an Attempt to Take Possession of the Capitol—The United States Troops Not Yet Called Into Action, MontcoMERY, Ala., Dec. 11, 1872, About one o'clock to-day, while the Capito¥ Legislature was in session, Sheriff Strobach ap- peared in the Senate and said he had a warrant from Governor Lewis to take possession of the Capitol, whereupon the Senate ordered the Ser- geant-at-Arms to arrest the Sheriff for contempt and hold him in custody for forty-eight hours, dat- ing from noon, The Sheriff did not resist arrest, but explained that he was merely acting under orders, and op apologizing to the Senate he was released. For @ few minutes the excitement was intense and the federal troops stationed near the Capitol got under arms, but no necessity for action appearing, they dispersed to quarters. ‘he Senate authorized the Sergeant-at-Arms to summon a posse of military to guard the Capitol against all federal forces, and adjourned. The Sheriff appeared before the door of the House, but the Sergeant-at-Arms refused admittance except to federal forces and the Sheriff withdrew. The Legislature in the court room admitted seat another person, who had, according to ofli returns, been defeated by a large majority. WEATHER REPORT. Wak DEPARTMENT, OFFICE OF THE CiTEF SIGNAL OFFICER, WasuIncTon, D, C., Dec. 12—1 A. M. Probabuities, For the northwest and Upper Lakes andj thence southward to Missouri and the Lower Ohio Valley southerly winds, cloudy and warmer weather, with falling barometers; from the Ohio River to tho Gulf clear, cold weather and northerly winds, veering on Thursday to southerly, witn high barometers; for the Lower Lakes and Canada generally ciear weather, north. westerly winds, backing to southwesterly, with low but increasing temperatures and diminish- ing pressures; for the Middle States and New Eng- land northerly to northeasterly winds, high but de- creasing pressures, increasing temperatu and partly ce, weather, with occasional snow on the seaboard, iter the 15th inst, the display of cautionary sig- rh le be suspended at the Lake porta for the inter, ‘The Weather in This City Yesterday, The following record will show the changes in the temperature for the past twenty-four hours in comparison with the corresponding wh of last ear, as indicated by the thermometer at Hadnut'a harmacy, HeRaLy Buildin, 1872, 1871, 1872, 20 «3:30 P. M. a 21 6PM . Pid 35 w OP. 25 12M... +41 2% 12P. 26 Average temperature yesterda| . v4 Average temperature for corresponding date last year.... ether oe 815 San FRANCISCO, ‘The Modoc Indians have retreated to Wrignt’¢ Cave, on the southwest side of Tule Lake, Oregon, with their children and squaws, and have Isid in @ good supply of provisions, The cave is situated on tho high table ‘and and covers about three acres. It has an undere ‘ound entranc rrow and @ guarded. it is calculated that fifty Modoc with numver from Pitt River and several Piut them, are fortified there. have been killed inthe war. Henry Miller was tured to death. About thirty of Modocs havent ;, been killed. Four hundred troops.are im the L. field at the present time, bdediles So far fourteen settiera .f with ere ii ae irs. volunaillips, Jy t A party of ts who left Camp Fairchild of the: eers. A party of scouts who le iP, pt OR nm on Sunday have not since been heard from, captui e savages. Je Pied at White's cave, provided the Indians bo) e position long cnoughs