|F 375 L943 Copy 1 ^LOUISIANA AT k. ABSTRACT OF THE EVID OF k GOVERNOR KELLOGG'S ELHGTION IN 1872, FRAUDS OF THE FUSIONISTS. TEXT OF THE PROTOCOL AND AWARD OF ADJUSTMENT. I NEW ORLEANS : PRINTED AT THE REPUBLICAN OFFICE, 94 CAMP STREET. 1875. \ THE LOUISIANA ADJUSTMENT, ABSTRACT OF THE EVIDENCE OF I AND THE FRAUDS OF THE F UNIONISTS. TEXT OF THE PROTOCOL AND AWARD OF ADJUSTMENT. NEW ORLEANS : PRINTED AT THE REPUBLICAN OFFICE, 94 CAMP 8TRBBT. 1875. >*K THE LOUISIANA ADJUSTMENT. New Orleans, November 27, 1875. To enable our Republican friends in Congress to clearly under- stand all the main points involved in the Louisiana case down to its very latest developments, this statement has been compiled: 1 — giv- ing a bird's eye view of the condition of political parties in the State preceding and during the canvass of 1872; 2 — showing the relative strength and popularity of the two candidates for Governor, Kel- logg and McEnery; 3 — giving a synopsis of the leading frauds perpetrated by the "Warmoth officials in forging, changing and suppressing the returns of the votes actually cast, so as to make it appear that McEnery and not Kellogg had been elected; 4 — insti- tuting a comparison of the vote of 1872 with the vote of 1874, showing by the figures, even as claimed by the Democrats them- selves, Kellogg's election in 1872; 5 — giving a recital of the persistent efforts made by Kellogg to have the returns fairly can- vassed, and McEnery's equally persistent refusals and evasions; 6 — narrating a history of the rise and progress of adjustment, text of the protocol agreed to and all that it implies, and, 7 — showing that McEnery and the Democratic party, State and National, are estopped by the terms of that protocol and the award made there- under from any further prosecution of their claims as against the present State Government, " known as the Kellogg Government." ATTITUDE OF PARTIES IN 1872. The relative position of political parties in the presidential and State elections in 1872 will be best explained by the following brief summary of political movements. Early in the campaign two con- ventions were called to meet in the city of New Orleans. One was con- vened by the Democrats, and after a turbulent session, nominated John McEnery, of Monroe, for Governor. The other convention took the name of Reformers, and was composed for the most part of old Whigs, and prominent citizens opposed to the Slidell Democracy, and willing to subordinate party names and party considerations to the reform of alleged existing abuses in the State Government. This convention nominated for Governor George Williamson, of Shreve- port, a native of the State, and now United States Minister to Cen- tral America. In the following month Governor Warmoth, alienated from the Republican party, and determined to cast in his lot with the opposition, convened a so-called " Liberal '' convention, which met in New Orleans, and nominated D. B. Penn for Governor. The regular Republican convention then met at Baton Rouge, and nom- inated Wm. P. Kellogg, for Governor. He was regarded as the most available candidate, by reason of his record in the United States Senate, in procuring the passage of several measures deemed of the highest importance to the State — notably the Texas Pacific Railroad, the Mexican Steamship Subsidy bill, and the appropriation for removing the Red river raft — all very popular measures. His efforts in the Senate in procuring the passage of the amendment to the Enforcement bill, during the latter part of the session of 1872, made him especially strong with his party in the State. So strong was the feeling in his favor at that time, that a committee of the reform party proceeded to Baton Rouge and assisted in procuring the nomination of Mr. Kellogg, and in over- coming his well known reluctance to accept the nomination. Sub- sequently a portion of the Republican party nominated P. B. S. Pinchback for Governor. From first to last, therefore, there were five gubernatorial tickets placed in the field. As the campaign pro- gressed, however, these five candidates were reduced to two, be- tween whom the issue was ultimately decided. The Democrats and Warmoth Liberals united, and formed a ticket called the Fusion ticket, with McBnery for Governor, and Penn for Lieutenant Gov- ernor. Mr. Pinchback withdrew his claims in favor of Mr. Kellogg, and accepted the nomination for Congressman at large on the regu- lar Republican ticket. The Reform ticket was withdrawn, and Mr. Williamson, the head of that ticket, published the following circular letter, which was widely distributed all over the State: New Orleans, La., October 25, 1875. Sir: I am fully persuaded that it is impossible for us to hope for reform if the head of the Fusion Ticket is elected. He comes into office under such obligations to Gov. Warmoth and his cliques and 5 rings, that it will be impossible for him, in my opinion, to break loose from them. I say this much, although I believe him to be honest in all his intentions. The only chance for reform in the State is by the election of the Hon. Wm. P. Kellogg. He is certainly opposed to Gov. Warmoth and all his cliques. He is honest and intelligent, and has served the State ably in congress. I respectfully suggest that you have tickets printed to carry out this idea, or that you insert Mr. Kellogg's name for Governor in the ticket you vote, if this meets your approbation. Very Respectfully, GEORGE WILLIAMSON. When the canvass fairly opened therefore, there were but two candidates in the field for Governor, McEnery and Kellogg. EELATIVE STRENGTH OF THE CANDIDATES. The State was canvassed by the Republicans as it had never been before, Mr. Kellogg going through the entire State. He was un- derstood and known by all the colored people to be the candidate of the united Republican party. McEnery was equally well understood by them to be the candidate of the Democratic party proper. Mr. McEnery's record as a member of the lower House of the Legisla- ture of 1865-6 under the President Johnson regime, his participation in the unanimous rejection by that body of the Fourteenth Constitu- tional amendment, and in the passage of vagrant, labor, and other laws enacted by them discriminating against the colored people, was well known and thoroughly discussed. On the other hand some hundreds of the leading business men of New Orleans, and many planters in the country parishes openly advocated the election of Mr. Kellogg. The New Orleans Picayune, then professedly conducted by " the merchants of New Orleans," said editorially, " the nomination of Senator Kellogg is a source of gratification to all good citizens;" and the German Gazette, the only daily newspaper published in the German language in the southwest, whilst supporting the Greeley movement in National politics, advocated the election of " Kellogg and Penn." It was a matter of public notoriety of which Congress has properly taken cognizance thoughout the multiform investiga- tions and debates which the Louisiana question has called forth, that the condition of Governor Warmoth's support of McEnery was that McEnery as Governor should exert his executive influence to secure the election of Governor Warmoth to the United States Senate, and it is apparent throughout every investigation that Gov- ernor Warmoth's immense power (he holding the entire election machinery in his hands) was exerted principally in the direction towards which his individual interests pointed, namely, to secure the defeat of Kellogg by McEnery. Yet in every one of the numer- ous official and unofficial counts and recounts of the votes cast, made public by Governor Warmoth and his supporters, Kellogg is shown to have run far ahead of every other person nominated on the Republican ticket. THE FRAUDS PERPETRATED— POINTS FROM MR. FRELINGHUYSEN. The scope and objects of the conspiracy entered into to prevent, as far as Kellogg was concerned, the will of the people, as actu- ally recorded at the ballot boxes on the fourth of November, 1872, from being given practical effect to, is so ably set forth in a speech delivered by Hon. F. T. Frelinghuysen, of New Jersey, in the United States Senate, April 14, 1874, that some extracts from that address are here inserted. Mr. Frelinghuysen said: On the 4th of November, 1872, an election took place. It had all the forms of an election, registration, polls, poll-lists, ballots, returns, registers, supervisors, etc. There were but two candidates, McEnery and Kellogg. One of those two men in fact had a majority of the legal votes cast unless there was a tie, and then we have nothing to do with the case, as the constitution of Louisiana provides that in that event the Legislature elects. * * * * To ascertain who by a majority of legal votes cast is entitled to an office, I had supposed was a matter over which the State courts had jurisdiction. If for any reasons the State courts have not jurisdic- tion, or if so corrupt that they can not be trusted, then if we are to interfere we must address ourselves to the question, who was elected 9******* The moral evidence tlfat McEnery had not a majority of the legal votes cast, and that consequently Kellogg had, is to my mind irresist- ible. Warmoth had the purpose, the intent, to carry that election by fraud. This is apparent, and is conceded. It is notorious that he, elected a republican, was to give the State to the democracy, and as a return was to grace the United States Senate. His legisla- ture I understand, attempted to elect him, but this project was abandoned because it was thought it would interfere with the rec- ognition of the State government by the General Government. He appointed a man named Blanchard to be register. That man has made an affidavit. If ihe affidavit be true his character is such that no one can approve; if it be untrue, comment is unnecessary. Blan- chard appointed the supervisors in each parish or county, and the su- pervisor in each parish appointed three commissioners. To these were added three freeholders, who, with the commissioners assisted the supervisors of the parish in counting the votes of the precincts. And we see at a glance that Warmoth could cheat Kellogg, but that Kellogg could not cheat Warmoth or McEnery. One could cheat. The organization of the election throughout the whole State originated with and was controlled by Warmoth. It is not denied that Warmoth meant fraud, and that he had the power to effect it. ******** It appears, then, that the McEnery party had the purpose to cheat, and had the organized machinery to effect their end. It looks as if, after all, the Republican majority was too great for them. Warmoth knew that it was of the first importance that he should satisfy the public that McEnery had a majority, and how easily he could have done so. Instead of maneuvering to get a facile board of canvassers, instead of resorting to a legislative bill, which he as governor had carried for six months in his pocket and signiug it so as to create a canvassing board that suited him, all he need to have done was to call in twenty honest men in the State of Louisiana, Republicans and Democrats, take them to the State House and there say, " Here are the returns; add them up in the presence of these interested parties." It was only a matter of addition. They could have publicly added them up, showed the result, and if any one standing by said "Those returns are false,'' all he need have done was to send to the super- visor of the parish whom he had appointed, and request him to bring the ballot-box and say, "There are the ballots; the returns are not false;" and if any one charged that the ballot-box had been stuffed or that there had been votes abstracted, all he need have done was to send for the poll-lists and say, "There are the poll-lists; they correspond with the ballots;'' and if any one charged that the poll- lists were false in a given precinct of such a parish, all he need have done was to send a justice of the peace to that parish; every man who had there voted had indorsed on his registration papers the fact that he had voted, and if a living man he could swear how he had voted. Mr. President, did not Warmoth know that investigation would prove his candidate not elected ? At all events, is there affirmative proof that McEnery was elected on which we can remove Kellogg ? * * * Viewt- similar in some respects to those which I have expressed are set forth in the report of my friend from Wisconsin; for he agrees with me as to the vicious character of this election: "A careful consideration of the testimony convinces us that, had the election of November last been fairly conducted and returned, Kellogg and his associates, and a Legislature composed of the same political party, would have been elected. The colored population of that State outnumbers the white, and in the last election the colored voters were almost unanimous in their support of the Republican ticket. Governor Warmoth, who was elected by the Republicans of the State in 1868, had passed into opposition, and held in his hands the entire machinery of the election. He appointed the supervisors of registration, and they appointed the commission- 8 ers of election. The testimony shows a systematic purpose on the part of those conducting the election to throw every possible diffi- culty in the way of the colored voters in the matter of registration. The polling places are not fixed by law, and at the last election they were purposely established by those conducting the election at places inconvenient of access in those parishes which were known to be largely Eepublican; so that, in some instances, voters had to travel over twenty miles to reach the polls. The election was gen- erally conducted in quiet, and was perhaps unusually free from disturbance or riot. Governor Warmoth, who was the master spirit in the whole proceeding, seems to have relied upon craft rather than violence to carry the State for McEnery. In the canvass of votes, which determined the McEnery government to be elected, the votes of several Eepublican parishes were rejected.'' * * * Mr. President, I further submit that, as might be expected from the circumstances referred to, we have nothing amounting to evidence that McEnery had any majority, and for these five reasons: First, the question has at best been only inci- dentally examined by the committee; second, from six out of fifty- eight parishes we have no returns; third, from several of the parishes the returns are forgeries; fourth, from one at least it is in proof by an eye-witness that the returns were manufactured and sworn to in blank before they were made; fifth, the preponderance of evidence is that Kellogg and not McEnery had a majority of the votes cast. Now I will say a word or two on each of these points. That the committee did not give their attention to the question whether Kellogg or McEnery had the majority, no matter what the resolution says, is manifest from an examination of the case. Their attention was given to the question which was the true canvassing board so as to determine which was the true Legislature, in order that they might determine whether Ray or McMillen was prima facie entitled to be Senator; and if you want proof that this phase of the subject has not been examined, you have only to look to the report. On the last page of the book is this testimony; one witness, Mr. Ray, says: " I desire to call the attention of the committee to a statement. At a suggestion made by one member of the committee yesterday, I examined and found, and if the committee will act as experts they will find that the commissioners of election in several cases in the parishes have their names forged to the affidavits. For instance, there is one from Madison parish, (exhibiting the papers) and so in the parish of Grant also, and in the parish of Pointe Coupee and the parish of East Baton Rouge, which, if the committee will exam- ine as experts, they will find it very evident in some cases that they were forged. " The Chairman. We will now consider the evidence in the Louis- iana investigation closed, as I am advised by both sides that they have laid all the testimony before the committee that they desire to present." It is clear that the committee did not attempt to find out what re- 9 turns were forged and what were not, for on the presentation of this controlling fact the whole testimony was closed and the report is based on the testimony as it then stood. Again, from six out of fifty-eight parishes we have no returns — Iberia, Iberville, St. James St. Martin, St. Tammany, Terrebonne — as appears by the certificate of the Forman board found on page 81 of the report. It is said that three of these six parishes were rejected because of violence. For- man says so in his testimony on the seventy-sixth page. They have given no evidence of the violence excepting in one case, and that is spread out from the six hundred and fifth to the six hundred and forty-first page — thirty-five pages of evidence relating to the alleged violence in the parish of Iberville. This was a Republican parish having a strong preponderance of colored votes. There were from seven to eight hundred white votes and three thousand colored votes registered. The white vote was made up, as we know, of Democrats and in that parish of democratic planters. To their credit be it said that there seems to have been no man in the parish who suited Mr. Warmoth as supervisor, and a Mr. Tharp was brought from New Or- leans and was made supervisor. The commissioners took the ballot boxes with the poll-lists to Plaquemines. The colored men were or- derly, but when voting was over they armed and followed the ballot- boxes to Plaquemines. They claimed the right to go into the State House. The sheriff prohibited them. They had a right to go in. We would have gone in. They, intent and in earnest, watched that ballot-box. When one party would grow weary others would relieve them, and they stood at the windows watching the boxes. In all the testimony of thirty-five pages there is no evidence of one act of violence; and that is one of the three parishes the returns of which were rejected because of violence. What the violence was in the other two parishes, they have not had the grace to give us one word of testimony to inform us. There was no violence. There was no reason that the ballots should not have been counted and the returns made up, excepting that it was a strong Republican parish. I will show presently the effect of the exclusion of these parishes. The returns from several of the parishes are forged, but they all go in to make up McEnery's majority, as we shall see presently. The Senator from Wisconsin very fairly, in a calculation with which I, having gone over the figures, entirely agree, makes a deduction for those parishes. From one of the parishes the returns were man- ufactured; and there my friend asks me for the evidence, and I will trouble the clerk to read from pages 909 and 910 of the testi- mony — that whioh I have marked. The Chief Clerk read as follows: State of Louisiana, Parish of Orleans, City of New Orleans. Personally came and appeared before me, Robert H. Shannon, United States commissioner in and for the district of Louisiana, John P. Montamat, of the city and State aforesaid, who, being duly sworn, doth depose and say that during the month of November, 10 1872, and for four years before, he was a justice of the peace for this parish of Orleans; that in the month aforesaid, after the elec- tion held in this parish for Governor and other State and parochial officers, " what date I can not recollect, but it was while they were counting the votes at the State House, at the Mechanics' Institute, situated on Dryades street," one Jack Wharton, also of this city and parish aforesaid, came to my office, situated at 33 Exchange alley, near Customhouse street, in this city and parish aforesaid, and request- ed that I should go with him in a certain place in this city of New Orleans, in order to administer the oath to one of the supervisors of election in and for the parish of Madison. At said request I went with Jack Wharton, who took me in a house situated on Gravier street, somewhere near Baronne street; the entry-doors were closed, and at the signal given by Jack Wharton, (three consecutive and hard raps, ) the doors were opened. In the said room I saw one Cahoon, whose first name I do not know, but whom I had seen be- fore in this city; he, the said Cahoon, then and there informed me that he was supervisor of election for the parish of Madison, ap- pointed by Henry C. Warmoth, then Governor of Louisiana, and that he wished me to swear him as to the returns of the late elec- tion. I saw there several persons whom I did not know; they were making up tally lists of the returns of the election for the parish of Madison. The lists were signed in blank by the commissioners of election. I inquired from Cahoon, the supervisor, how it was that he had not prepared the lists and returns in the parish where he came from. He told me that he could not count the votes there ; it was a Republican parish, and that he had to run away because he wanted to count the votes, and admit no one except a few, and he would have it his own way, and would here in New Orleans return such persons as he thought proper. I swore him to several tally lists and returns. I believe, to the best of my knowledge, that the greater part ot the tally lists were yet in blank when I swore him. JOHN P. MONTAMAT. Subscribed and sworn to before me this third day of February, 1873. [seal] R. H. SHANNON, United States Commissioner, District of Louisiana. Mr. Frelinghoysen. Mr. President, let us look at the effect of the facts I have called attention to upon McEnei'y's majority. They claim for McEnery a majority of 9606. The four parishes where there were forgeries and the six parishes from which there are no returns, according to the Lynch board, give Kellogg a majority of 7295. Now take the 7295 majority in six parishes not returned and in four in which the returns were forged from the 9606, and it leaves McEnery's majority, as the Senator from Wisconsin agrees, 2611. Now let us see what becomes of that 2611 majority. Let anybody who wants to examine this read the three hundred and sixth page of the testimony which was sent here with the President's message. There is Caddo parish. The white registration was 1549 and Mc- 11 Enery's vote 1837 — nearly 300 more than the white registration. The colored registration was 3139 and Kellogg's vote 1576, or 1563 less than the colored registration. This shows fraud not before but after the election. It points to a falsification of returns, for frauds in keeping men back from the polls probably would not give Mc- Enary 300 more votes than there were white votes registered. Mr. Carpenter How can you tell whether a ballot was cast by a black man or a white man ? Mr. Freltnghuysen. No; but my friend's report states that the colored men were Republicans, as a general rule, and the whiles Democrats. Take Rapides parish. The white registry was 1011; McEnery's vote was 1960, or 949 more than the white registration. In Natchitoches the white registration was 1486, and McEnery's vote 1230; the colored registration was 1875, and Kellogg's vote only 55. In Bossier parish the white registration was 578; McEnery's vote 953, or 375 more than the white registration; the colored registra- tion 1795, and the vote for Kellogg 555. It is perfectly apparent that the fraud was in the returns as well as in the manner in which the election was conducted. But again, take another view of these returns. There are fifty-eigh 6 parishes in Louisiana. In twenty-four — Ascension, Bienville, Calca" sieu, Caldwell, Cameron, Carroll, Claiborne, Concordia, East Feliciana* Franklin, Jackson, Jefferson, Lafayette, Livingston, Ouachita, Pointe Coupee, Red River, Sabine, St. Bernard, St. Charles, St. John Bap- tist, Tangipahoa, Tensas, and Orleans — which are those where there is not much difference between the two boards of canvassers in the result, in those twenty-four parishes by the Forman board there is an aggregate of 36,679 democratic votes and 36,203 republican votes, giving a democratic majority of 476. According to the Lynch board the republican vote was 35,590 and the democratic vote 33,81 7, giving a republican majority of 1,673. The Forman board gives a democratic majority of 476 and the Lynch board a republi- can majority of 1,673, no very great difference for such an election; average it, and call it a majority of 1000 for Kellogg. The vote was close and the registration was correspondingly so. The white regis- tration was 52,979 and the colored registration was 51,469. The democratic vote and the white registration, the republican vote and the colored registration correspond. Now look to the remaining thirty-four parishes. By the Forman board the democatic vote is in the aggregate 27,788; the republican vote 20,170, giving a democratic majority of 7618. This is manifest- ly a fraud, and is thus shown. In those thirty-four parishes the registration of whites was 34,786, and that registration gives a dem- ocratic vote of 27,788. The registration of the colored people was 42,879, and that gives a republican vote of only 20,170. If the same ratio of republican votes- was given for the 42,000 colored registered voters as of democratic votes given by 34,000 white regis- tered votes, which was 27,788, the republican vote would be 35,000 instead of 20,170. * 12 Now let us see what becomes of McEnery's majority. The differ- ence between 35,000, the true vote by all the analogies of this case and according to the Lynch board, and the 20,170 that the Forman returns give for these thirty-four parishes is 14,830. Take from that McEnery's majority of 9606, and it leaves Keliogg's majority 4924. Add to the 4924 the majority which Kellogg had in the twenty-four parishes, and it makes Keliogg's majority 5^4. You may turn this subject any way you please, and you will find that Kellogg was not only the representative of the will and inten- tion of the people, as the Senator from Wisconsin says, but that he had a majority of the legal votes cast. THE V/)TE COMPAEED WITH 1874. The conclusion thus arrived at by the Senator from New Jersey, from his analysis of the registration and vote of 1872 is more than sustained by a comparison of the votes east in the parishes referred to by him in the general election of 1872, as claimed by the Fusion- ists or Democrats, and the votes cast in the same parishes in the local election for State Treasurer, held in November, 1874, as also claimed by the Democrats. As shown in schedule I, published below, in thirty-four parishes in the election of 1872, namely: Ascension, Bienville, Caldwell, Cameron, Carroll, Claiborne, Calcasieu, Concor- dia, East Feliciana, West Feliciana, Franklin, Iberia, Jefferson, Jackson, Lafayette, Livingston, Ouachita, Plaquemines, Red River, Richland, St. Martin, St. Tammany, Sabine, St. Charles, St. John, St. Landry, Tensas, Tangipahoa, Union, Vermilion, Vernon, Wash- ington, Winn and Orleans, respecting which parishes the returns of the Forman Fusion Board and of the Lynch Legal Board were sub- stantially the same, (vide page 81 of report of Senate Committee of 1873, and pages 1019-20 of report of Hoar Committee of 1875) Warmoth's election officers of 1872 returned — For McEnery 44,188 For Kellogg 40,018 Democratic majority ... 4,170 In the twenty-two remaining parishes, as shown in Schedule II, published below, namely: Assumption, Avoyelles, East Baton Rouge, West Baton Rouge, Bossier, Caddo, Catahoula, De Soto, Grant, La- fourche, Iberville, Madison, Morehouse, Pointe Coupee, Natchitoches, Rapides, St. Bernard, St. Helena, St. James, St. Mary, Terrebonne and Webster, respecting which the Forman and Lynch Boards 13 widely differed in 1872, there were cast, according to the claim of the Democratic State Central Committee in the election of 1874: For Dubuclet (Republican candidate for State Treasurer) . 29,248 For Moncure (Democratic candidate for State Treasurer) . 21,639 Republican majority 7,609 (Vide pages 1019-20, report of Hoar Committee.) Taking the vote cast in these parishes in the election of 1874 as being a fair indication of the vote in 1872, and adding Moncure and Dubuclet's vote in these twenty-two parishes in 1874, as claimed by the Democrats themselves, to the vote cast for McEnery and Kel- logg, respectively, in the other thirty-four parishes in 1872, the re- turns from which are conceded on both sides to be substantially correct, gives McEnery a total vote of 65,827, against Kellogg's 69,266, a majority of thirty-four hundred and thirty-nine (3439) for Kellogg. In instituting this comparison it must be borne in mind that the election of 1872 was a general election for President as well as for State officers, and is admitted on all hands to have been the most peaceable election ever held in the State. In the words of Senator Carpenter, " Governor Warmoth, toho was the master spirit in the whole proceeding, seems to ham relied upon craft rattier than violence to carry the State for McEnery." The election of 1874 was purely a local one. It had been preceded by the terrible massacres of Colfax and Coushatta, and the sanguinary riot of the fourteenth September in New Orleans. The White League was in full force, and intimidation and coercion were freely practiced toward the colored voters. Under these circumstances the probability is so great as to amount almost to an absolute certainty that in the twenty- two parishes last named Kellogg and Grant, in 1872, received a majority twice as large as the vote cast for the Republican Treasurer in 1874. Respecting the latter election the Hoar Committee in their report say : Mr. Moncure, the conservative candidate for State Treasurer, claims a majority in the whole State of about 5000. A far greater number of Republicans than enough to overcome this majority must have been prevented from registration or driven by terror from the polls. That the returns from these twenty-two parishes in 1812 were fraudulent, and did not show the full Republican vote polled, is 14 proved by the sworn testimony taken by United States Chief Super- visor Woolfley, of which specimens are given in Executive Docu- ment No. 91, House of Representatives, Third Session Forty-second Congress, pages 111 to 131; also in a letter to the Attorney General of the United States at page 50 of the same document, or may be found in extenso in the report of the Chief Supervisor to the House of Representatives. The vote cast by the same parishes in 1870, as shown by a table published below, still further intensifies the proof of the enormous frauds perpetrated in 1874. Yet, taking the re- turns as made by the Democrats themselves, and claiming no more Republican votes in 1872 in these twenty-two parishes, the returns from which were in that year either forged, manipulated, or alto- gether suppressed, than the White League allowed to be cast in these parishes in 1874, there is still shown a clear majority for Kel- logg of thirty-four hundred and thirty-nine (3439) votes in 1872. ir-oi-no L-. T. n ■— I o -! — 2. 1 ~ 71 — ffi 2 I o 71 - * l^ rt ^* in t'^ •psjox oW»* ofoft-TofcfoS oi in c-.t-oojcjsz.';^ ?J ~ - K — -i — — -? — = .3 -i - 71 — — » -^ r- — t- Cj -H 7. T! ^ — ri 1- s2 •pajopo c« co cm - 1- - -■ o ^ - ?, g " 2 ^ t; P 2 §23 S S o S S3 3 § i :£ K & £2 £ So Soi - « » |8a to - - -*f -p -J ;£J ^J« <5 fC •^JIHAV ■ l": 7* -r r? — — « xi -^ -n* * S85!883S|g8J||gSlSlSllSJ 3D t- u- -o Q I oa 00" 00 cj I m I 1-1 "3 ^Z3£C? mWWZ^Z '5 ?- 1 S I ! 3 ^^WlflMFls^iMsss y o o a o~-rnsi--;t-f no o_3> JJ o»_pH_r3_c- p" w •ttu.iqquaay; I - -Jj »~ -> rt — — r-' ~ X StJfH'gPgeJ^O'S • • • • , 3 i »qo35 3 SSfifiM^pjjgog g « x » 5 x x x r Cww^tta^w^ogwwssgsaB a s P ?. i s i s s i s = a s s TON Tat .812 3on- -ex- e or will lest lon- A. ndi- son tere 770 out Cel- yas at? ,s a ere ier- wn 3Ut or 12? ith, bed sh, irp SCHEDULE >. Table showing Registration and Vote of 1870 and Registration of 1874 and Vole as claimed by the Democratic Central Committee for Treasurer in 1S74, in tvoenty-lwo parishes where it is claimed that votes wei'e changed or the returns fraudulent or forged as claimed by Warmoth election officers. Parishes. Assumption A vovcllos Baton Rouge, East. . Baton Rouge, West. Bossier ( iaddi Catahoula DeSoto Grant Iberville A Lalourche Madison . Morehouse Natchitoches Point Coupee Rapides St. Bernard St. Helena si . James A si. Mary Terrehonne A Wehster Totals Add Schedule I Grand totals ! 153,353 Add Lincoln, parish created since 1872 76,823 90,781 ' 167,504 k * Population of Madison parish, census of 1870— White, 936; Black, 7,f>63. Note No. 1— Vote for Kellogg in 1872, as per this schedule 69 !66 Vote for Me lOner \ in 1872, as per this schedule 65,821 Kellogg majority 3,439 NOTE No. -J — At election prior to ls7-2. to wit; For Auditor, 1870 — Republican s polled vote of 65, 531 Democrats polled vote ot 'I 615 Republican majority 24,516 Note No. 3— A1 (diction subsequent to 1872, to wit, for Treasurer in 1874 — Republicans polled vote of 70,444 Democrats polled vote of 68,584 Republican majority 1,860 A— Roturns as made to Forman Hoard, but disregarded. 15 THE HOAE COMMITTEE'S INVESTIGATION INTO THE ELECTION OF 1872. The manipulation of the returns by the Warmoth officials in 1872 was in fact so gross and apparent that very few even of the Con- servative witnesses examined by the Hoar Committee, if cross-ex- amined on this subject, ventured any palliation or denial. One or two extracts from the testimony taken by the Hoar Committee will suffice to show how that election was regarded by the more honest Conservatives. Henry Ware, a prominent planter of Iberville, called by the Con- servatives, testified that he voted for Grant and Kellogg in 1872. Cross-examined, (p. 629) he says: By Mr. Frye: Q. What was the vote for treasurer in your parish in 1874 ? A. I do not remember. Q. Was it 770 for Moncure and 2161 for the Republican candi- date ? A. I do not recollect what it was, only I have every reason to believe it was largely Republican. Q. Have you any doubt that it was ? A. I have no doubt; there were three tickets run. Q. I am asking about the vote for State treasurer — whether 770 for Moncure and 2167 for the Republican candidate would be about right, in your opinion ? A. I should think so. Q. In 1872, I have the vote 691 for McEnery and 2239 for Kel- logg; in your opinion, is that correct ? A. I should think that was about correct. Q. Who was the registrar there under Warmoth's appointment ? A. I could not tell you who it was; I never knew him. He was a man that did not live among us, I think. Q. Here are the returns of the Forman board in 1872. Was there any return made by the Forman board of any votes at all from Iber- ville ? A. I don't see any there. Q. There is none there ? A. No. Q. Do you remember the fact that Iberville parish was thrown out by the Forman returning board ? A. I have heard it was, but I never did know what the final result was. Q. Then, if it was thrown out, Kellogg was deprived of 1500 or 1600 majority ? A. Yes. Q. There was no intimidation by black men of the whites in 1872? A. Not that I know of. One Tharp, sent as supervisor to Iberville parish by Warmoth, made a statement on his returns that the colored people intimidated the whites, and the Forman Democratic board threw out the parish, although it gave Grant and Kellogg over 1500 majority. Tharp was afterwards indicted, and fled to California. 16 Dr. Alfred Duperier of Iberia, a native of the State, called for the conservatives, testified that he voted for Grant and Kellogg in 1872. Cross examined by Mr. Frye, pages 610, 621, he said: Q. Do you think that in the election of 1872 the Democrats, with the aid of Warmoth, conducted the election regardless of honesty? A. That is my opiniou. Q. Do you think they were honest in the conduct of that election? A. No, Siiv Q. Do you think they conducted that election regardless of honesty? A. Yes. And in reply to Mr. Wheeler with regard to the vote actually cast in the parish in 1872, he says: Q. You said Grant received 300 majority in your parish? A. I said, I think, he received 300 white votes. Q,. Did not Kellogg receive the same number? A. Not quite the same. I think his majority was a little less. Q. You think Kellogg was elected Governor. Now, don't you think that the President was right in restoring him the goverment when it was taken away from him by revolution ? A. Those are my views; if for no other purpose than to prevent blood-shed and anar- chy, I think it was the right policy. ******* Q. Of the three remedies, recognition of the Kellogg government by the national government, a provisional government, or a new election, which in your judgment would be most acceptable to the great body of the people ? A. I think the most acceptable to the intelligent class of people in my section of the country would be the recognition of the Kellogg government; that is with the Legisla- ture returned as elected at the last election. The vote of the parish of Iberia was thrown out by the Forman Board for no known reason, except that the parish went Republican; as was also the vote of St. James parish, which gave Grant and Kellogg over 1200 majority. It. P. Hunter of Alexandria, editor of the Caucasian, one of the most violent "White League papers in the State, called by the Conserva- tives and cross examined, pages 524-5 : By the Chairman: Q. You said you were not informed about whether any number of colored voters voted with you in the State in 1872, but in the parish of Rapides they did not ? A. I do not think they did, sir. Q. You do not think you had any negro votes ? A. Well, sir, a few voted all the time. Q. Then, will you tell me how it happens that in the parish of Rapides, in 1872, the white registration being 1011, Mr. McEnery received 1960 votes ? A. I can not tell you anything about 1872 at 17 all, sir. I refused to participate in the campaign of that year, and sedulously secluded myself at my home in the pine woods. Q. But, Mr. Hunter, I understood you to state to this committee in the beginning of your testimony that you resorted to what you call the extreme remedy of organizing a white man's party, and dividing it on the color line, which you admit generally would be objectionable in principle, because your organization had the effect to induce the colored people to join the white men in removing those abuses which existed — that you say? A. Yes, sir; I think so. Q. You also said, in reply to me, that your information did not extend to the rest of the State, but Kapides parish alone. Now, I ask you how you account for the fact that in Kapides parish in 1872 Mr. McEnery had 1960 votes, when the white registered vote was only 1011, or substantially one-half his votes were either fraudulent or came from colored men ? A. I tell you I do not attempt to ac- count for it at all. Governor Warmoth had a way of doing things that I do not attempt to explain or excuse. Q. Do you not believe that extraordinary measures were resorted to by the white man's party, and do you not believe that there was in the parish of Rapides a fraudulent count for McEnery of at least nine hundred votes in that return ? A. I would rather you would excuse me from answering that question, because I can not answer it from any information of my own. Q. Well, you will see the inference which may be drawn? A You may draw your own inference. I do not know anything about that at all. Q. My purpose was to point it out to you before any inference was drawn, so that I might be sure you said all you could in regard to it. A. I think I did so; all I can. Q. In what you regard to be so important and ordinarily objec- tionable a step as starting a white man's party, and drawing the color line, with its tendency to perpetuate and stimulate this race antago- nism, from which you have suffered so much, do not you think that you ought at least to have informed yourself whether in your own parish there were or not 900 colored votes cast for your candidates at your last election? A. I had, judge, if you will permit me, a pretty general idea of how the campaign of 1872 had been conducted, without any specific data upon which to base my ideas. Q. "Well, now, about that pretty general idea; was that general idea that you had 900 colored votes in Rapides parish, or that the 900 votes returned for McEnery were fraudulently returned ? "Was that your general idea on the subject ? A. My general idea on the subject was that Governor Warmoth had a way of doing things that did not suit me exactly. I did not go into it, and perhaps it was not altogether fair. I have no doubt that is the condition of affairs, if you state the statistics right. I am not familiar with them. Q. I state what I understand was right. A. I never remember to have seen their statistics. Q. I understand the white registration in Rapides parish was 1011 and the McEnery vote was 1960, or 949 more than the white 18 registration. A. I do not know anything about that; I never paid any attention to it at all. Q. I also understand that in Natchitoches the colored registration was 1875 and Kellogg's vote only 55. Now, if that were true, 1820 colored voters must either have refrained from voting against you or voted with you. A. Mr. Pierson, who has testified on this stand, was Governor Warmoth's registrar in Natchitoches, and can explain that. Q Do I understand you as expressing your belief that the votes returned and counted for McEnery in the year 1872 were to a large extent fraudulently so returned or counted ? Do you believe that the votes returned and counted for McEnery in 1872 were to a large extent fraudulently so returned or counted? A. I can state there were some irregularities. Q. Well, you believe that, do not you ? Just state it. A. If you press me on my oath, I will say yes, sir. I prefer not to answer the question, because I had nothing to do with the politics of that year. Andrew J. Gordon, (colored) of St. Mary's parish, called by the Conservatives, testified (p. 623) that he voted for Kellogg in 1872, and that the colored people generally voted the Republican ticket that year; but he claimed that in 1874 a large number of colored people in St. Mary's voted for the Conservatives. Yet, while in 1872 Grant and Kellogg were given only 128 majority in St. Mary's parish by the Forman Fusion Board, in 1874, as admitted by the Conservatives, the Republicans received 1098 majority in that same parish. Gordon further testified that one Dr. White was War- moth's supervisor of registration in 1872; the commissioners of elec- tion were appointed by White, and the returns were made by him, and White returned himself as elected Senator, and afterwards took his seat in the McEnery Senate. Hon. J. B. Elam, a native of DeSoto parish, called by the Conserva- tives, and cross-examined by Mr. Frye, (p. 688) said: Q. Do you believe that the honest vote of DeSoto in 1872 was 1450 Democrats and 444 Republicans? A. I do not think our ma- jority was so large as that. Q. That was the return of the Forman Board. Then you believe there was cheating in regard to that majority ? A. It was much larger than I expected. Q. You know that the registered colored vote is larger than the registered white vote, and you know that it has been shown that there was not the same attempt made in 1872 to get the colored vote for the Conservatives that was made in 1874 ? A. I think you are mistaken in regard to that. There was a greater attempt to get the colored vote in 1872 by argument and reasoning than in 1874. Q. Was there any intimidation ? A. No, sir. 19 Q. Do you believe that two-thirds of all the colored Republicans in your parish voted the Democratic ticket in 1872, voluutarily ? A. I think that all that did vote it in 1872 voted it voluntarily; and if there was anything wrong in the result, it was from miscount in some way. Q. Don't you believe that there was a miscount ? A. Well, sir, I hate to charge people with such a thing. I will say, however, that the majority was a good deal larger than I expected. Q. And you believe it was larger than the vote really cast ? A. I believe it was larger than it ought really to be. Governor Warmoth, in 1872, sent a man to DeSoto as supervisor, notoriously to manipulate the vote of that parish in the interests of the Democratic ticket. The conclusion derived by the committee from this and other tes- timony is thus expressed by Messrs. Hoar, Wheeler and Frye. After alluding to the difficulty of making a direct and thorough investiga- tion they say: "But our best judgment is that Governor Kellogg was elected, and we find that many of the more moderate of his oppo- nents concede his election. There is no argument to show the election of McEnery which is not met by one equally strong in proof of the election of Kellogg. The registration shows a considerable majority of colored voters, and it is not denied that Kellogg received substantially all the colored votes, besides some thousand whites. Taking the Democratic returns in 1872 for all the parishes, except four, for which the returns are conceded to be forgeries, and six others from which they threw out the returns for fraud and violence, and get at the true vote in those parishes in any way you can, by comparing the vote with the registration of white and colored voters, or by taking the Republican and Democratic votes at the election of this year, and it gives Kellogg a majority of several thousand. Besides, Kellogg is now in office. The frauds, which make it impos- sible to ascertain in any better or more satisfactory mode the true will of the people, were perpetrated by the appointees of Warmoth in the interest of McEnery. * * * * * * * " Kellogg is now in fact in office. The President has recognized him, and states to Congress that from the best information he can obtain he believes him to have been elected. The Kellogg govern- ment is a fact; its legality is sustained by the judicial tribunals of the State; it is in active operation in all its departments. Under it the late State election has been held, and on its certificates must depend, prima facie, the right to their seats of the Representatives chosen from Louisiana for the next Congress. The McEnery government exists only on paper. Its recognition would create the most perplexing questions as to the legality of all public proceed- ings had in Louisiana for two years past. The recognition of Kel- 20 logg by the House will give peace and quiet to Louisiana until the next election.'' Messrs. Foster and Phelps who did not put any questions in rela- tion to the election of 1872 to the witnesses examined by them, still express their opinion that " the popular belief, taking both Conserva- tive and Radical circles inclines, on the whole, to justify Kellogg and Penn's claims," and they accordingly "do not wish to oppose the recommendation that the administration of Governor Kellogg be recognized." CONFIRMATION FROM THE CENSUS OF 1872. It is conceded on all sides that the colored citizens almost unani- mously voted for Grant and Kellogg in 1872, and it is proved that a very large white vote was polled in the same direction. Turning to page 619 of the census of 1870 it will be found that out of the total population of Louisiana in 1870 there were — White males, twenty-one years and upwards 87,066 Colored males, twenty-one years and upwards , . . . . 86,913 A total of 173,979 But the total of male citizens is given at 159,001, a difference of very nearly 15,000 to be deducted from the voting strength of the whites, as by the results of the war all colored males above the age of twenty-one years became citizens. Thus, deducting from the total white males over twenty-one years, 87,066, this number of aliens or non-citizens, 14,378, we obtain the aggregate of the white voting population, 72,088, against an aggregate colored voting popu- lation of 86,913, which shows a clear majority in favor of the colored voters of 14,825, to which must be added the 4000 or 5000 whites who habitually vote the Republican ticket, to say nothing of the considerable number of colored men of such light complexion that few persons would at the first glance question their color, and many of whom are known to have been classed as white by the census marshals in 1870. THE REGISTRATION OF 1872 CORROBORATES. The following statement shows the number of registered voters at the close of registration October 28, 1872 : 21 Parish. White. Colored. Total. Ascensiou 1,148 3,296 4,444 Assumption 2,207 2,176 Avoyelles 2,139 2.188 4,327 Baton Rouge, East 1,489 1,559 3,048 Baton Rouge, West 397 859 1,256 Bienville 916 715 1,631 Bossier .... Caddo 1,549 3,134 4,683 Calcasieu 702 166 868 Caldwell 541 586 1,127 Cameron 263 31 294 Carroll 572 2,073 2,045 Catahoula 1,065 992 2,057 Claiborne 1,373 1,293 2,606 Concordia 307 2,577 2,384 DeSoto 1,004 1,403 2,407 Feliciana. East 1,100 2,351 3,451 Feliciana, West 521 2,084 2,605 Franklin 522 507 1,029 Grant 616 733 1,349 Iberia 1,140 1,241 2,381 Iberville 740 3,296 4,036 Jackson 1,101 822 1,923 Jefferson 1,396 2,866 4,262 Lafayette 1,115 897 2,012 Lafourche 2,302 2,407 4,709 Livingston .... Madison 1,718 2,007 2,725 Morehouse 694 1,339 2,033 Natchitoches 1,517 1,833 3,350 Orleaos 35,782 19,244 55,026 Ouachita 970 2.311 3,281 Plaquemines 673 1,699 2,372 Point Coupee 1,039 2,»07 3,840 Rapides 1,719 1,629 3,o4S Red River 441 966 1,407 Richland 599 644 1,243 Sabine 711 151 8 2 St. Bernard 500 570 1,070 St. Charles 300 1,850 2,150 St. Helena .... .... St. James 703 2,120 2,823 St. John Baptist 817 1,720 2,537 St. Landry 3,718 3,641 7,359 St. Martin 1,035 926 1,961 St. Mary 1,117 1,941 3,01-S St. Tammany 624 700 1,324 Tangipahoa 917 613 1,530 Tensas 368 3,146 3,514 Terrebonne . . Union 1,788 872 2,620 Vermilion ' 828 282 1.110 Vernon 717 79 790 Washington 543 168 71 1 Webster 854 862 1,716 Winn 755 135 890 Total : 86,672 94,407 181,179 As will be seen by the annexed certificates this registration was taken exclusively under Democratic Fusion auspices: 22 State of Louisiana, Office State Registkak of Voters, New Orleans, September 8, 1873. I hereby certify that the foregoing statement has been carefully compiled by me from the final reports of supervisors of registration in the parishes above named, as made to B. P. Blanchard, State Registrar of Voters in the year 1872, at which time I was chief clerk to said B. P. Blanchard, and that the original reports and final reports are now on file in the office of State Registrar of Voters. WALTER S. LONG, Clerk State Registrar of Voters. State of Louisiana, Office State Registrar of Voters, New Orleans, September 8, 1873. I hereby certify that the original final reports of supervisors of registration, from which the foregoing has been compiled, are on file in this office, and that the compilation is correctly made. THOMAS LTNNE, State Registrar of Voters. The registration of 1870 showed over 23,000 excess of colored voters over white. It will be noticed that in the above compilation four parishes from which there were no returns are omitted, viz: Bossier, St. Helena, Livingston and Terrebonne. The population of Bossier parish by the census of 1870 was, white, 3505; colored, 9170. The registered vote of the parish in 1872, according to the report of the United States supervisors, was, white, 587 ; colored, 1795. The vote of St. Helena and Livingston parishes in 1872 was small. The population of Terrebonne parish by the census of 1870 was, white, 6080; colored, 6172. The registered vote of this parish in 1872 was, white, 1201; colored, 1608. In New Orleans the registered vote in 1872 was ex- cessive and fraudulent, as is shown by the affidavits published in the appendix. CONFIRMATORY TESTIMONY OF THE FUSION REGISTRATION AND RETURNING OFFICERS. The State Registrar of Voters in the election of 1872 was B. P. Blanchard, who was appointed by Governor Warmoth in 1870, as a Liberal Republican. The then existing laws conferred upon this offi- cer enormous powers, and one of the leading objects of the Fusion combination was to secure the exercise of these powers for the defeat of Grant, Kellogg, and the regular Republican ticket. Blanchard acted with "Warmoth and the Fusionists in 1872, making all his ap- pointments in their interest, but subsequently when Warmoth had, been defeated of the Fusion nomination for the United States Senate, and when it became evident that the Democratic party had thrown 23 their liberal allies overboard, and only sought to gain the control of the State government for themselves, Blanchard made an expose of the manner in which the election of 1872 was conducted, and of the frauds which were resorted to to defeat the will of the people as actually expressed at the polls. His sworn statement together with that of Walter S. Long, his chief clerk, will be found in the ap- pendix (Exhibits B. and C.) 0. F. Hunsacker and S. M. Todd, two of the Warmoth Republican State Senators elected in 1870, and holding over in 1872, joined the McEnery Senate when it met in December of that year, and con- tinued to act with that body during its sessions in 1873. When War- moth approved the act repealing the law under which the election of 1872 had been held, which act he had previously refused to sign, but subsequently promulgated in order to get rid of the Lynch returning board, which the courts had just decided to be the legal one, the board known as the Forman board was created by appointment of the McEnery Senate under the provisions of this act, and Senators Hunsacker and Todd were elected members of that board, Mr. Hunsacker being chosen president. Their affidavits, showing the manner in which the returns of the so-called Forman board were prepared and canvassed, will be found in the appendix, (Exhibit D) and particular attention is called thereto. It will be seen that these members of the Forman board express, under oath, their conviction that a fair, proper and correct canvass of the returns would have shown that William P. Kellogg was elected Governor by the actual votes cast. POPULATION OF 1875. The census of 1875, just taken, shows the population of the State to be — Colored 450,611 White 404,916 Excess of colored over white 45,695 This census is as fairly and accurately taken. So careful was Governor Kellogg that there should be no just ground of com- plaint or suspicion on this score, that he appointed a Democratic clerk of registration in every parish of the State and ward of the city, and nearly half of the officers to whom was committed the taking of the census were Conservatives. 24 KELLOGG'S DESIRE FOR A FAIR CANVASS — McENERY'S UNWIL LINGNESS. One important fact which must not be lost sight of in considering the question of who was elected in 1872, is that Governor Kellogg has at all times and on all occasions expressed a willingness to abide by a fair canvass of the actual returns, conducted openly by fair-minded and disinterested persons. Mr. McEnery and his friends, who from the first have retained forcible and illegal possession of the original returns, removing them on more than one occasion beyond the limits of the State, have consistently declined each of these offers when first made to them, only yielding an apparent assent afterwards when some intermediate scheme of chicanery or violence attempted by them had failed of its object, and when the conditions allowing of a fair canvass with practical results no longer prevailed. When the case was first taken before the United States Circuit Court, be- fore any decision had been rendered or any order issued, Mr. Kel- logg, through his counsel, Mr. William H. Hunt, one of the most eminent members of the New Orleans bar, offered to submit his claims to the decision of five reputable and disinterested citizens, two to be chosen by Mr. McEnery, two by himself, and the fifth by the four. At the time this offer was made the circumstances were such that by mutual agreement it could have been carried into im- mediate effect. Mr. McEnery declined the proposition, stating to Mr. Hunt that Warmoth would not agree to it. Some months after- wards, when an attempt, made in the meantime to take forcible pos- session of the State House and install the Legislature returned by the illegal Fusion Board had failed; when the legal Legislature had met and counted the votes for Governor, declaring Kellogg elected; when the Republican officials had been for some time in possession of the government, and had been recognized by the President, and sustained by numerous decisions of the high- est courts of the State and of the United States, and when an emphatic proclamation had been issued by the President directing the United States forces to sustain the recognized State Government of Louisiana against all such attempts at revolution- ary violence as had recently been unsuccessfully tried in St. Martins- ville, Mr. McEnery, under date of July 5, 1873, addressed to Gov- ernor Kellogg a letter expressing his willingness to submit the 25 pending controversy to the arbitration of five citizens. But any such arbitration was at that time utterly impracticable, and could scarcely have been regarded in any other light by Mr. McEnery. THE CONGRESSIONAL INQUIRY. In the month of November, 1874, Governor Kellogg had addressed to the President a telegram urgently requestiug that a committee of Congress be sent down to the State, so that the very right of all the points in controversy lorming what was then so generally discussed as the Louisiana question, might be fully established. A committee of the lower House of Congress was appointed consisting of Hons. George F. Hoar, chairman ; William A. Wheeler, William P. Frye, Samuel S. Marshall, Clarkson N. Potter, Charles Foster and William Walter Phelps. In the latter part of December Messrs. Foster, Potter and Phelps, constituting a sub-committee of this committee appointed by Congress, came to New Orleans and after conducting a hurried and partial examination were preparing to leave for Wash- ington without entering upon the question as to who was elected Governor in 1872. Governor Kellogg thereupon addressed to them the following communication, which was read publicly during their session of January 2, preceding the meeting of the Legislature, which occurred on the following Monday : State of Louisiana, Executive Department, New Orleans, January, 2, 1875. Hon. Charles Foster, Member of Congress, chairman of Sub-Committee on Louisiana affairs. Sie : I have just been informed by one of the counsel engaged in the investiga- tion now taking place before your committee, that you have decided not to include the election of ^72 within the scope of your investigation. Permit me respect- fully to suggest that the question whether or not Louisiana was carried by the Republican party in the election of 1872 has been the disputed point which for two years has agitated the State. Religiously believing that 1 was elected by a majority of the votes actually cast at that election, I have struggled to discharge the duties of my office amid difficulties such as few men have been called upon to encounter. Nothing but a sense of duty has kept me at my post during all these weary months of obloquy and misrepresentation. Recently I telegraphed to the Pi esident urging that a committee of Congress be sent here, believing that such a committee being upon the ground, with power to send for persons and papers, could ascertain the right of this question, so far as I ami (he government I represent are concerned. I am intensely anxious, aud I think justly so, that there should be some solution of this difficulty. I believe an investigation, that need not last many days, would reasonably satisfy any im- partial mind whether I was elected in 1872 or not; but even by taking a general view of the case, I think something might be done to elucidate the que-tiou. For instance, if the committee were to take the returns of 1872, as made by both boards, and contrast them with the returns of this year, as made by the Return- ing Board, or as claimed by the Democratic party, with such facis aud details as I think could be readily obtained, I believe a righteous conclusion could be arrived 26 at. The census, and the relative registration, white and black, and the relative vote in 1872 and 1874 would throw much light on tho matter, and I submit that the returns from tho e Democratic parishes where, by the Fusion count of the For- man board, we were allowed our reasonable minority vote in 1872, but where no Republican vote, or scarcely one was permitted to be cast this year, might, prop- erly be considered. I have had no opportunity to examine in detail the returns of 1872 as made by the F'usionists. These returns are probably accessible and their authenticity or genuineness is susceptible of proof. Allow me to suggest as another mode likely to aid in reaching a conclusion that the returns of 1872, as made by the Fusion board be taken as correct wherever they do not widely differ from the returns of the Lynch board, and wherever they do so differ, let the returns from these same parishes this year, as claimed by the Democratic committee itself, be taken as representing the vote of 1872. For instance, take the twenty-eight parishes where both boards return the same candidates to the House, and adopt the returns of the Foreman board. Then for the other parishes, where the two boards differed widely, take the vote this year, even as returned by the Democratic committee. This will be to concede returns in which, in many cases, the Republicans were not credited with their full vote, but were deprived of votes actually cast by means of fraudulent practices, as can be easily shown. These aspects of the case, to- gether with other evidence procurable will, I believe, go very far to elucidate the rights of this controversy. Believing that the c >mmittee you represent has the confidence of the country, I, speaking for myself, will gladly abide by its decision, if it can consistently go into this much disputed question of the election of 1872, with the facts and figures and other proofs believed to be available. I feel very strongly the necessity that this important question should be determined in some decisive manner, and this is my only excuse for presuming to offer these suggestions to your committee. Permit me to add that I trust the opposition will be afforded full opportunity before your departure to endeavor to make good some at least of the many allega- tions of maladministration and corruption they have constantly sent abroad with regard to myself. The records of the State are easy of access, and I will cheerfully afford every possible facility for an inquiry both thorough and com- plete, to the end that it may be known how far my administration is justly chargeable with the many evils complained of. Very respectfully, your obedient seivant, WILLIAM P. KELLOGG. McENERY'S ACTION. No notice was taken of this communication either by Mr. Mc- Enery or his friends, ai the time. On the following Monday, Janu- ary 4, a revolutionary attempt was made by the partisans of Mr. McEnery to take forcible possession of the organization of the Leg- islature, which attempt was frustrated under circumstances too well known to need recital here. [See appendix, Exhibit A.] Then, and not till then, Mr. McEnery became once more in favor of arbi- tration. The following letter, dated the fifth of January, was handed to the committee on the sixth: New Oeleans, January 5, 1875. Hon. Charles Foster, Chairman Sub-Committee of Congress : Sie — Reposing perfect confidence in the judgment and impartiality of the committee over which you preside, and auxious to have a speedy solution of the difficulties which have grown out of the election of 1872, we now propose to sub- 27 mit the whole question of the result of that election to your committee (the sub- committee of three) for final determination. We make $his submission in the interest of peace and good government, and feel siucerely anxious that you should undertake the iuvestigation and determine the matter belore leaving the State. Very respectfully, etc., JOHN McENERY, D. B. PENN, JAMES GRAHAM, H. N. OGDEN, R. M. LUSHER. THE SUB-COMMITTEE ACCEPTS. The sub-committee responded by addressing to the parties in in- terest the subjoined explicit inquiries: New Okleans, January 6, 1875. To Messrs. "William P. Kellogg, Acting Governor of Louisiana; C. C. Antome, Acting Lieutenant Governor of Louisiana ; John McEnery, claiming the right to act as Governor of Louisiana j D. B. Penn, claiming the right to act as Lieutenant Governor of Louisiana: Gentlemen — The committee acknowledge receipt of propositions, either written or oral, from each of you, offering, in view of tlie unhappy condition of affairs in your State, to leave to their decision and arbitration the settlement of your various claims. The committee have about closed an investigation, made as thorough as their limited time would permit, and are unwilling to return here to embark upon the fresh task which your confidence would throw upon them, unless certainly as- sured that their decision, whatever it might be, would be acquiesced in by each of you, and by each and all of you accepted as a final declaration of your rights. Under these circumstances, before further considering your proposition, we desire to know. "Will you, William P. Kellogg, if the committee decide that you were not elected Governor, resign your office, and refuse to assume it except on the returns of a popular election ? " " Will you, C. C. Antoine, if the committee decide that you were not elected Lieutenant Governor, resign your office and refuse to resume it, except upon the returns of a popular election ?" "Will you, John McEnery, if the committee decide that you were not elected Governor, withdraw all claims to the office, and waive all rights which you think you acquired by the election of 1872 ?" " Will you, f). B. Penn, if the committee decide that you were not elected Lieutenant Governor, withdraw all claim to the office and waive all rights which you think you acquired bv the election of 1872 ?" Per contra, will each of you accept or retain any office to which the committee shall decide you were elected, so far as such acceptance or retention can be legally accomplished. Respectfully, your obedient servant, CHARLES FOSTER, Chairman. BOTH PARTIES BOUND. Colonel McEnery replied: New Orleans, January 6, 1875. Hon. Charles Foster, Chairman Sub-Committee of Congress : Sie — Your communication of January 6, 1875, is just received. To the first interrogatory, which is in the following words : "Will you, John McEnery, if the committee decide that you were not elected Governor, withdraw all claim to the office and waive all rights which you think you acquired by the election of 1872?" I answer, distinctly, yes. 28 To the question, " Will you accept or retain any office to which the committee shall decide you were elected, so far as such acceptance or retention can be legally accomplished ?" I answer that I will. Kespectfully, etc., • JOHN McENERY. Governor Kellogg also answered: State of Louisiana, Executive Department, New Orleans, January 7, 1875. Hon. Charles Foster, M. C, Chairman Sub-Committee of Congress: Sir — I have the honor to acknowledge the receipt of your communication of the sixth instant, asking me if the committee should decide that I was not elected Governor, whether I will resign my office and refuse to resume it except upon the returns of a popular election. In reply I beg respectfully to refer you to my letter of January 2. I again ex- press my willingness to abide bv any decision that may be arrived at by your committee. Very respectfully your ob't serv't. WILLIAM P. KELLOGG. FURTHER INVESTIGATION INVOKED. The Republican members of the Legislature felt that they were not receiving justice at the hands of the Phelps and Foster sub- committee, whose investigations were conducted mainly in a parlor at the St. Charles Hotel, where no colored man could gain an en- trance, and where few white Republicans could go in the then ex- cited condition of public feeling without risk of insult or possible in- jury, the room in which the committee met being daily packed to its utmost capacity with members of the White League. They ac- cordingly passed the following joint resolution: Resolved by the Senate and House of Representatives of the State of Louisiana, in General Assembly convened, That we earnestly request the special committee on Louisiana affairs appointed by the Hon. Speaker Blaine, December 15, 1874, to visit this city at the earliest practicable moment, and institute inquiry into all the facts connected with the present condition of affairs in this State ; and that the Governor be requested to transmit this resolution by telegraph to the Hon. George F. Hoar, chairman of said committee. On the twelfth and thirteenth of January the Governor forwarded the following telegraphic dispatches to the Hon. Mr. Hoar: State of Louisiana, Executive Dzpartment, January 12, 1875. Hon. George F. Hoar, chairman Congressional Committee on Louisiana Affairs, Washing, ton, D. C : I, in common with all Republicans here, earnestly request that you and the other members of your committee will come here immediately and thoroughly investigate the whole situation, including the election of 1872, to the end that the very rights of our case may be known. WILLIAM P. KELLOGG. 29 State of Louisiana, Executive Department, New Orleans, Jauuary 13, 1875. Hon. George F. Hoar, M. C, Washington, D. C. : Both Houses Legislature passed resolutions to day earnestly requesting your committee to come down and make full investigation. WM. P. KELLOGG. THE DEMOCRATIC MEMBERS COME IN. In response to these requests Messrs. Hoar, Frye, Wheeler and Marshall, forming the balance of the whole committee, came to New Orleans, and on the twenty-second of January entered upon an investigation, choosing for their place of meeting one of the va- cant United States courtrooms, which would be accessible alike to all, white or colored, Democrats or Republicans. As the inves- tigation thus entered upon progressed, and it became apparent that the Eepublicans would have an equal showing with their opponents, and that the Democrats were losing the advantage they had gained by the report of the sub-committee, the Democratic members elected to the Legislature and the Democrats claiming to have been elected who, after the failure of the Wiltz coup d'etat on the fourth of Janu- ary, had been daily meeting in secret caucus, adopted the following resolution, which was laid before the committee: Besolved by this house caucus, composed of the conservative members, returned by the returning-board, and those claiming to have been undoubtedly elected but defrauded by said board, That desiring, in the interest of our afflicted State, to have a solution of cur political troubles, and relying on the integrity and fairness of the four gentlemen members of the congressional committee now in New Or- leans, and in advance of any investigation on their part, we, as a body, hereby ask them (if the task is not considered too onerous) to take the returns of the election of 1871, together with all fair and relevant testimony, and upon such re- turns and evidence declare what members of the legislature were fairly elected. Resolved, That Hon. Louis A. Wiltz, speaker of the house, be requested to wait upon said gentlemen and present to them a copy of this resolution. Done in conservative house caucus this 23d day of January, 1874. LOUIS A.' WILTZ, Speaker. KELLOGG RENEWS HIS PROPOSAL— McENERY AGREES. Governor Kelllogg renewed his offer to submit his claim to the office of Governor to this committee, as he had previously done to the sub-committee. These repeated offers called forth another com- munication from Mr. McEnery and friends, under date of January 25, 1875, (p. 944 Hoar committee's report) in which, after referring to the previous offers, they say: "We now desire to express our perfect readiness to accept the full committee as arbiters of the same matter, and to abide by its decision." / / 30 But in this communication it is characteristically suggested that the returns should be taken to Washington, and opened and exam- ined there, "so as to avoid any great interference with the congres- sional duties of the committee.'' It is hardly necessary to make the suggestion that in Washington the evidence of the fraudulent char- acter of a large portion of the returns, which was all ready to hand here, could not be produced, and that had Mr. McEnery chosen to lay these returns before the committee, the bogus character of a portion of them could have been established by a very few hours' in- vestigation. PROTOCOL OF ADJUSTMENT. Eventually, after much negotiation, the following protocol was drawn up and signed, the original being now in possession of Gov- ernor Kellogg: Whebeas, It is desirable to adjust the difficulties growing out of the election in this State in 1872, the action of the Returning Board in declaring and promul- gating the results of the election in the month of November last, and the organi- zation of the House of Representatives on the- fourth of Januaiy last, and adjustment being deemed necessary to the re-establishment of peace and order in this State; Now, therefore, the undersigned members of the Conservative party, claiming to have been elected members of the House of Representatives, and that their certificates of election have been illegally withheld by the Returning Board, hereby severally agree to submit their claims to seats in the House of Represen- tatives to the award and arbitrament of the gentlemen composing the Louisiana committee, of which George F. Hoar is chairman, and consisting of the following named gentlemen: George F. Hoar, William A. Wheeler, W. P. Frye, Samuel S. Marshall, Clarkson N.Potter, Charles Foster and William Walter Phelps, and said gentlemen or a majority of the same, acting in their individual capacity, are hereby authorized to examine and determine the same upon the equities of the several cases; and when such award shall be made we hereby severally agree to abide by the same, aad such of us as may become members of the House of Representatives under this arrangement hereby severally agree to sustain by our influence and votes the joint resolution hereinafter set forth. ED. E. KIDD. GEORGE M. STAFFORD. RTJFFIN R BEASLEY. JAMES BRICE. E. F. X. DUGAS. GEORGE A. KELLY, EDMUND McCALLUM. J. O. QUINN. JOHN J. HORAN. THOMAS R. YAUGHAN. CHARLES SCHULER. A. D. LAND. WILLIAM F. SCHWING. JOHN L. SCALES. As a contestant for a seat in the lower House, I sign the above agreement. W. H. KEYS. JAMES JEFFRIES. R. L. LUCKETT. C. C. DUNN, By A. H. Leonard, Agent and Attorney. 31 And the undersigned, claiming to have been elected Senators from the Eighth and Twenty-Second Senatorial Districts, hereby agree to submit their claims to the foregoing award, and in all respects to abide the result of the same F. S. GOODE. J. B. ELAM. And the undersigned, holding certificates from the Eeturning Board, hereby severally agree that on the coming in of the award of the foregoing arbitrators they will, when the same shall have been ratified by the report of the Committee on Elections and cmalifications oi the body in session in the btate House claim- ing to be the House of Bepresentatives, attend the sittings of said House for the sole purpose of adopting said report, and if the said report shall be adopted and the members embraced in the foregoing report shall be seated, then the under- signed severally agree that immediately upon the adoption of said report they will vote for the following resolution : Resolved by the General Assembly of the State of Louisiana, That said Assembly without approving the same, will not disturb the present State go, eminent, claiming to have been elected in 1872, known as the Kellogg government, or seek to impeach the Governor for any past official acts, and that henceforth we will accord to said Governor all necessary and legitimate support in maintaining the laws and in advancing the peace and prosperity of the people of this State, £nd that the House of Representatives as to its members as constituted under ihe award of George P. Hoar, W. A. Wheeler, W. P. Frye, Samuel L. Marshall, Clark- son N. Potter, Charles Foster and William Walter Phelps shall remain without change, except by resignation or death of members until a new general election, and that the Senate as herein recognized shall also remain unchanged, except so far as that body shall make changes on contest. JOHN YOUNG, E. D. ESTILLETTE, A. D. LAFARGE, G. L. HALL, J. A. BLAFFER, E. CABMOUCHE, W. W. CARLOSS, G. W. B. BAYLEY, E. A. DUBR, R. P. EDWARDS, SEABORN JONES, T. J. JOHNSON, WILLIAM MA.GEE, H. C. MITCHELL, W. McALPIN, THOMAS E. MEREDITH, A. NUNEZ, W. H. PIPES, G. M. RICHARDSON, JOHN L. SCALES, D'. W. SELF, W. P. SMITH, CHARLES SCHULER, Y. VIDRINE, JAMES WEBB, R. B. WALTERS, M. SIBILSKI. This protocol was not adopted without much opposition ; Mr. McEnery, Mr. E. John Ellis, Congressman elect, and others made violent speeches at a public meeting, in denunciation of this " sur- render of their rights, " as they termed it, but the agreement was ratified by a majority of the Democratic caucus, and in pursuance of its terms, the Committee made the following award : 32 THE AWARD. New York, March 13, 1875. The undersigned, having been requested to examine the claims of the persons hereinafter named to sea*s in the Senate and House of Representatives of the State of Louisiana, and having examined the returns and the evidence before the Returning Board, and much other real and written evidence relating to such claims, are of the opinion, and do hereby find, award and determine— That F. S. Goode is entitled to a seat in the Senate from the Twenty-second Senatorial District; and that J. B. Elam is not entitled to a seat in the Senate from the Eighth Senatorial District; and that the following named persons are entitled to seats in the House of Representatives from the following named parishes, respectively : From the parish of Assumption, R. R. Beasley and E. F. Dugas; from the parish of Bienville, James Brice; from the parish of De Soto, J. L. Scales and Charles Schuler; from the parish of Jackson, E. E. Kidd; from the parish of Rapides, Jas. Jeflries, R. L. Luckett and G. W. Stafford; from the parish of Terrebonne, Ed. McCullum and W. H. Keys; from tbe parish of "Winn, George A. Kelly. And that the following named persons are not entitled to seats which they claim from the following named parishes respectively, but that the persons now holding seats from said parishes are entitled to retain the seats now held by them : From the parish of Avoyelles, J. O. Quinn; from the parish of Iberia, W r . F. Schwing ; from the parish of Caddo, A. D . Land, Thomas R. Vaughan and John J. Horan. We are further of opinion that no person is entitled to a seat from the parish of Grant. In regard to most of the cases, the undersigned are unanimous. As to the others, the decision is that of the majority. GEORGE F. HOAR. W. A. WHEELER. WILLIAM P. FRYE. CHARLES FOSTER. W. WALTER PHELPS. CLARKSON N. POTTER. S. S. MARSHALL. THE ADJUSTMENT CARRIED OUT IN GOOD FAITH. The award was duly transmitted to Governor Kellogg, and though no stipulation to that effect was contained in tbe protocol, or in any agreement entered into by him, still in order to show the good faith of the Republicans and to secure as early as possible the return of peace and prosperity which it was believed would result from this adjustment, he immediately convened an extra session of the Legislature to meet on the fourteenth day of April following. The Legislature met on that day. The democratic members mani- fested their confidence in the good faith of the republicans by taking their seats and answering to the roll-call with Speaker Hahn of the regular session in the chair, and the clerk of the regular session calling the roll. The award and other papers with the petitions of the contestants were referred to the Committee on contested elections appointed at the regular session, no change being made in the per- 33 sonnel of that Committee, except by filling a vacancy. They re- ported to the House according to the terms of the award, when the previous question was moved and carried by an almost unanimous vote, the main question was ordered and the report of the committee was adopted, whereupon the Republicans unseated, gracefully with- drew, and the Democrats to whom seats were awarded were sworn in and took their places. The joint resolution set forth in the pro- tocol was offered by the Democratic member from Claiborne, and was adopted with but eighteen (18) dissentients in a vote of one hundred and seven (107), five of the eighteen being Republicans who did not favor the adjustment. Subsequently, the Senator who was declared by the award entitled to his seat presented himself before the Senate, the colored Senator, who occupied his place and who represented a district in which the colored people were in the majority, withdrew, and the Senator declared elected by the award was sworn in and took his seat. The joint resolution recog- nizing the Kellogg government, previously passed by the House, was adopted by the Senate, was duly signed and promulgated, and forms Act No. 1 of the extra session of 1875. It is set forth in full in the Appendix as Exhibit F. See also Exhibit E. DEDUCTIONS. It is submitted that the facts herein set forth, regarded from any logical point of view, show clearly: 1. That Kellogg was elected Governor of Louisiana in 1872 by the votes actually cast.* 2. That Governor Kellogg has at all times courted an investiga- tion into his election, offering to abide by the result of that enquiry, and that Mr. McEnery has assented to these proposals only when his case seemed most desperate. 3. That as a matter of fact, both Kellogg, and eventually Mc- Enery, did agree to submit their respective claims to the governor- ship, first to the Foster sub-committee, and afterwards to the entire committee, of which Hon. George F. Hoar was chairman. ♦If it be claimed that the seating of George A. Sheridan, Fusion candidate for Congress- man at large on the last day of the session of the Forty-third Congress, is inconsistent with the assumption that Governor Kellogg was elected, it is only necessary to refer to the fact that Sheridan nowhere in his brief claims that Kellogg was not elected and that the returns of the Fusionists themselves (vide pp. 81-82 Senate report,) show that Kellogg ran 1571 ahead of Pinchback, Sheridan's competitor, and more than 1000 votes over Pinchback less Mc- Enery's vote over Sheridan, and according to the returns of the Lynch (legal) Returning Board, Kellogg received 3943 votes more than Pinchback. Vide pp. 190 & 203 Senate Report. 3 34 4. That a large majority of the Democratic members and those claiming to be members of the General Assembly, in a formal proto- col signed by them, agreed to submit the claims of those of their number who were contestants to the arbitrament of the Congres- sional committee, of which Hon. George F. Hoar was chairman, agreeing that if the aw ard made by this committee should be car- ried out in good faith by the Republicans, they, the Democrats, would unite with the Republican members in the passage of a joint resolution recognizing the Kellogg government. 5. That the Congressional Committee, composed of Hon. George F. Hoar, chairman, W. A. Wheeler, W. P. Frye, Charles Foster, William Walter Phelps, C. N. Potter and S. S. Marshall, acting upon the terms of this written protocol, which decl ared the object of said protocol to be the final settlement of the con- troversy growing out of the elections of 1872 and 1874 in Louisi- ana, made an award regarding the claims of certain persons to seats in the Legislature, which award was transmitted to Governor Kellogg and was carried out in good faith by the Republicans. That thereupon the Democratic members of the General Assembly united with the Republicans in the passage of the joint resolution set forth in the protocol of adjustment recognizing the Kellogg government and providing that the status of both branches of the Legislature as established by the award (one- half of the Senate thus recognized having been elected on the same ticket with Governor Kellogg in 1872,) should not be disturbed until the next general election, and providing further that this Legislature should accord to Governor Kellogg all necessary support in main- taining the laws, which act was duly approved and promulgated and forms Act No. 1 of the extra session of 1875. In conclusion it is submitted that Mr. McEnery and his friends are estopped in all honor from further questioning the title of Gov- ernor Kellogg as Governor of Louisiana; first, because Mr. Mc- Enery agreed to submit his claims to the Congressional Committee, and a majority of this committee have expressed their opinion that Governor Kellogg was elected in 1872; secondly, because his own partisans in the present Legislature, constituting a majority in the lower House, which Legislature is accepted on all sides as the un- disputed Legislature of the State, have almost unanimously passed 35 a joint resolution recognizing Governor Kellogg as Governor of the State; thirdly, because Mr. McEnery has always professed to desire some settlement of the heretofore pending controversy which would bring peace and quiet to the State, and it can not be denied that these results have followed from the adoption of the adjustment; and lastly, because Mr. McEnery aud his friends, as zealous and consistent up- holders of the doctrine of State rights, will surely not ask the Con- gress of the United States to interfere and by its action to annul the solemn act of the recognized and unquestioned Legislature of a sovereign State iu a matter pertaining exclusively to its own domes- tic affairs. APPENDIX. EXHIBIT A. Beport on the Proceedings of the Fourth of January, 1875. New Orleans, January 11, 1875. To the Honorable Speaker and Members of the House of Representatives of the State of Louisiana: _ Gentlemen — Your committee selected to prepare a statement of the revolu- tionary proceedings that transpired in the hall of the House of Representatives on Monday, January 4, 1875, beg leave to submit the following statement, and recommend that it be immediately forwarded to the Congress of the United States. Respectfully, JAMES S. MATTHEWS, CHARLES W. LOWELL, GEORGE DRURY, W. F. SOUTHARD, R. R. RAY. The returns of the election held November 2, 1874, as promulgated by the proper returning officers thereof according to law, showed that there were elected to the House fifty-three Republicans and fifty-three Democrats, and there were five seats for which the returning officers had made no returns and had referred the decision of their right to hold them to the General Assembly. The whole number of the House of Representatives is 111. A quorum is a majority of the members elected, and was at that time fifty-four — -the quorum when the whole number is seated is fifty-six. A few days prior to the day fixed for the meeting of the General Assembly, a posse of unauthorized persons secretly kidnapped A. J. Cousin, a Republican member, and by force and violence conveyed him out of the city under color of a pretended charge of embezzlement of $15, across Lake Pontchartrain to a dis- tant parish, where they held him in confinement until after the day for the meet- ing of the General Assembly. They afterwai'd released him, the very men who made the charge going on his bond, and acknowledging that their object in ar- resting and detaining him was to break a Republican majority. Certain parties in the meanwhile, sought by the payment of several thousand dollars to certain Republican members to bribe three of them to vote for the Democratic nominee for Speaker. Attempts were made to kidnap other Republican members. Public and repeated threats were made for weeks previous to the fourth of Jan- uary of violence and assassination toward certain Republican members of the General Assembly. These threats and menaces were repeated, confirmed and in- dorsed by the press of the opposition throughout the State. In consequence of information in his possession that organized violence was intended to be use 1 to influence the organization of the House, the Governor placed the State House under the military command of General Hugh J. Campbell, of the State militia, who was ordered to assist and sustain the police. Under this order General H. J. Campbell excluded from the building on Monday all but officials of the State government, members of the General Assembly and persons claiming to be mem- bers, judges, members of Congress and members of the United States civil, mili- tary and naval service. The constitutional provision to govern the organization of the House is as fol- lows: 38 Article 23. The House of Representatives shall choose its Speaker and other officers. Article 34. Each house of the General Assembly shall judge of the qualifica- tions, elections and returns of its members; but a contested election shall be determined in such manner as may be prescribed by law. Article 36. Each house of the General Assembly shall keep and publish, ■weekly, a journal of its proceedings, and the yeas and nays of the members on any question, at the desire of any two of them, shall be entered on the journal. The law governing the organization of the House is as follows: Section forty- four, act No. 98, approved November 30, 1872: That it shall be the duty of the Secretary of State to transmit to the Clerk of the House of Rep- resentatives and the Secretary of the Senate of the last General Assembly, a list of the names of such persons as, according to the returns, shall have been elected to either branch of the General Assembly ; and it shall be the duty of the said Clerk and Secretery to place the names of the Representatives and Senators elect so furnished upon the roll of the House and of the Senate respectively; and those Representatives and Senators whose names are so placed by the Clerk and Secretary respectively, in accordance with the foregoing provisions, and none other, shall be competent to organize the House of Representatives or Senate. Nothing in this act shall be construed to conflict with article thirty-four of the constitution of the State. At 12 M. Monday, January 4, 1875, the State House being surrounded by an excited crowd of several thousand persons, the members assembled in the hall of the House, and the Chief Clerk called the roll of the House. Immediately after- ward, or a little before the Clerk had finished the announcement of the number of members who answered to their names, which was 102, Mr. Billieu. Repre- sentative from Lafourche, moved that L. A. Wiltz, Re- resentative from Orleans, be elected temporary Speaker. The Chief Clerk replied that the legal motion was to elect a Speaker. Mr. Billieu, paying no attention to the protest of the Clerk, proceeded hurriedly to put his own motion against the protest of all the Republican Representatives. The motion was put in a quick and excited man- ner, and not in a loud voice, and was voted for only by a portion of even the Democratic members. The negative was not put at all. Mr. Wiltz had previously taken a position near the Clerk's desk, and as quick as thought upon the putting of the motion, -without waiting for any announcement of the vote, he sprang to the Speaker's desk where the Clerk was standing, seized the gavel from his hand, and pushed the Clerk violently off the stand and declared himself temporary Speaker. Following him was W. T. Houston, first justice of the peace, parish of Orleans, who took from his pocket a book looking like a Bible, and proceeded to go through the form of administering an oath. Mr. Wiltz, as temporary Speaker, assumed to administer the oath to the mem- bers en masse, against the protest of Republican members. Some Democratic member then made a motion to elect a Mr. Trezevant as Clerk. Mr. Wiltz put the motion and declared it carried. Mr. Trezevant at once sprang forward and took the Clerk's chair. Immediately after, in a hurried and excited manner, a Mr. Flood was elected Sergeant-at-Arms, upon motion of a Democratic member; also, a motion was made from the same side of the House thi-t a number of assistant sergeants-at- arms be appointed by the Chair, which the Chair declared carried, when a large number of persons at once appeared, wearing badges on which was printed "As- sistant Sergeant-at-Arms." While all the above motions were being put, Repub- lican numbers objected, and called for the yeas and nays, all of which was dis- regarded by the acting Speaker. Colonel Lowell, Republican member, made the point of order that the consti- tution of the State allowed any two members to call the yeas and nays on any motion. Mr. Wiltz decided the point of order not well taken. (See constitu- tional provision above. ) The pretended House then proceeded, in defiance of the law, to swear in five additional Democratic members, to wit: James Bright, of Bienville; Charles Schuler and John L. Scales, of De Soto; C. C. Dunn, of Grant, and George S. Kelley, of Winn, by which the Democrats gave themselves a majority. The Republicans protested against this violence and lawlessness, but their 39 protests were disregarded. The Democrats tbwi assumed to elect a permanent Speaker. Mr. Wiltz declared himself elected after going through the usual form, having received, as he claims, fifty-five votes, which included the five men seated in violation of law. the Republican members withdrawing and not voting, as they deemed the proceedings illegal. About the time of the withdrawal of the Republican members of the House, Mr. Wiltz gave or caused instruction to be given to the persons assuming to be sergeants-at-arms not to allow any one to pass out of or to enter the House. Great commotion at once ensued, and quite a number of knives and revolvers were drawn and displayed in a threatening manner. Most of the Republican members had already left the room amid great confusion, when Mr. Dupre, of Orleans (Democratic member), moved that the Speaker be requested to call on the United States troops to preserve the peace of the House. The motion prevailed, and a committee, of which Mr. Dupre was appointed chairman, was appointed to wait on General De Trobriand and re- quest the interference of United States troops to preserve the peace. In a short time the committee returned, accompanied by General De J^robriand and staff. Upon the appearance of General De Trobriand on the floor, loud applause came from the Democratic side of the House. General De Trobriand moved to the Speaker's desk, and Mr. Wiltz stated in substance the reason for his being sum- moned, and informed him of the impossibility of his being able to enforce order and preserve the peace. General De Trobriand in substance (the committee being unable to get the exact words) asked Mr. Wiltz whether it was not possible for him to preserve order and keep the peace, without calling calling upon him as a United States officer. Mr. Wiltz replied that it was impossible; that he had already instructed his Sergeant-at-Arms to do so. General De Trobriand then took action in the matter, and quiet was restored with little trouble. Mr. Wiltz then assured Gen- eral De Trobriand that his coming had prevented bloodshed, and as your com- mittee is reliably informed, on motion, thanked him in the name of the General Assembly of Louisiana for his prompt response to the summons of the House, and the General retired. The Republican members then signed and presented the following application to the Governor, requesting the legal members be put in possession of the hall. New Orleans, January 4, 1875. Hie Excellency William P. Kellogg, Governor: Sru— The undersigned, members elect of the House of Representatives of the General Assembly of this S .a °« >*g . 1 § 1 si . lag <*> a "o a a a u -, wi ft 'So ftSj ftg'S MM « M P3 Iberville 3,354 1,496 4,036 2,239 2,239 Madison.*.'.'.'.'.'.'.' 2,120 1,269 2,725 1,756 1,227 St. James 2,498 1,873 2,723 1,852 843 St. Martin 1,481 525 1,961 718 Terrebonne 3,981 1,422 *... 1,593 .... Tota l 13,344 6,585 11,445 8,158 4,309 Thus showing that with an increase of the number of registered voters in these parishes (Terrebonne excepted, from which no reports were made to the deponent by Stokes), of 1992 voters, the Republican vote, as returned by the Lynch board, was 3849 greater than the same vote as counted in joint session of the Fusion Legislature, and that the entire Republican vote of two parishes, St. Martin and Terrebonne, was not only totally excluded from the returns of the Fusion Return- ing Board, but was also excluded in the count of the votes for Governor and Lieutenant Governor in joint session of the Fusion Legislature at Odd Fellows' Hall, all of which was the natural consequence of the action of the supervisors of registration in said parishes, as hereinbefore set forth. Deponent further states that in the parishes of Rapides and Natchitoches, in which the registration of 1872 was new and complete, in consequence of the for- *Not reported. 51 mation of the new parishes of Vernon and Red River from their territory, and in both of which the supervisors were Fusion candidates for the House of Repre- sentatives, the registration reported by them was as follows : White. Colored. Total. Rapides 1719 1629 3348 Natchitoches 1517 1833 3350 As appears from the reports of said supervisors hereto annexed and marked CR, CS, and that the returns of election as made by said supervisors, viz: J. G. P. Hooe and E. L. Pierson, were as follows: Kellogg. McEnerv- Yapides 1169 1960 Natchitoches 550 1250 Showing manifest frauds in those parishes of about 700 votes in Rapides, and of about 1200 in Natchitoches (in favor of the Fusion ticket), as it has been well established by the testimony taken before the committee of the United Slates Senate, and by other ample evidence, that very few colored men voted the Fusion ticket. The manner in which these frauds were accomplished is clearly set forth in the report of said Senate committee, pages 306, 307 and 308. Deponent further states that in the parish of Webster the supervisor of regis- tration, E. C. Bright, in carrying out the instructions received from the depo- nent, refused to submit to the inspection of the United States supervisors of elec- tion, as is shown by the testimony taken before said Senate committee and to be found on page twelve of their report, and the documents attached hereto and marked CT, CU, the result of which action was that said supervisor of registra- tion made the returns of the election in that parish to the returning board as 977 for McEnery, against (>22 for Kellos;g, while the report of the United States su- pervisors shows a vote of 377 for McEnery, against 824 for Kellogg, a difference against the Republican vote cast of 202 votes. Deponent further says that in the parish of Morehouse, at poll N°- 4, at which a Republican majority was cast, the box was tampered with before it was counted, so that when it was opened more ballots were found in the box than there were names on the written list required by section eleven of the election law, the intention of the supervisor of registration being to have that box thrown out and have a small Fusion majority in the parish for the State ticket of some eighty-three votes; otherwise there would have been a Republican majority in the parish of about the same number. Deponent further says that in the parish of Jefferson the box from the poll held at Camp Parapet (or Colcord's) was either while en route to the office of the supervisor of registration, at the courthouse of said parish, or after having been deposited there, opened or otherwise tampered with and fraudulent Fusion ballots deposited therein to the number of about 400, to replace an equal number of Republican ballots taken out which were known to have been voted, which is further shown by the documents hereto annexed and marked CV and CW. Deponent further says that in the parish of Claiborne, the supervisor of regis- tration, J. E. Scott, being suspected of complicity with the Republican candi- dates in that parish and congressional district, was removed from office, and one J. H. Simmons appointed to replace him; that said Scott did not turn over to said Simmons the records of his office, but that said Simmons did, nevertheless, hold the election in the parish of Claiborne without books or other formal evi- dence of his official position, and did conduct the said election without poll books, poll lists or other necessary blanks required by law to be used, as is shown by the document hereunto annexed and marked CW and CWW. Deponent further says that in addition to instructing verbally the commis- sioners of election for the parish of Orleans, he issued for their guidance the cir- cular of instructions hereto annexed and marked CX. Deponent further says, that in the parish of Orleans, besides the fraudulent and duplicated certificates of registration given to persons to be voted on, in the manner already described, duplicate ballot boxes were provided for the different ■wards, as follows: Two to the third ward; two to the eleventh ward; one to the thirteenth ward; one to the fourteenth ward; two to the fourth ward; two to the 52 fifth ward ; two to the eighth ward ; one to the fifteenth ward ; labeled and marked ready for use in the same manner as those actually used on the day ot election; see deposition of W. L. Catlin, hereto attached and marked CZ; with the inten- tion of having said boxes filled with a large number of Fusion ballots, and a compaiatively small number of Republican ballots, and of substituting them for the boxes actually used, in cases where there was reason to suspect that said boxes contained a Republican inajoi'ity; aud deponent has reason to believe, and does believe, that many, if not all, of said duplicate boxes were used, from cir- cumstances which occurred during the night after the election, and during the counting of votes at Mechanics' Institute; and the manifest discrepancy between the Fusion vote and the Republican vote in the boxes when opened, for instance, in the third ward, poll number four, the vote as counted was 384 for McEnery against 96 for Kellogg, and there were eighty more ballots in the box than names on the written list required by section eleven of the registration law; at poll num- ber five, same ward, the vote as counted was 438 for McEnery against 72 for Kellogg, a totally disproportionate number for the locality where the poll was held. Both of these boxes were counted by the Fusion Returning Board, although formal protests were filed in each case by the United States supervisors of elec- tion. At poll number eight, same ward, which was located in a neighborhood densely populated by negroes, the commissioners placed fifty Republican ballots in the box after the closing of the polls, so that when couuted there were found 365 ballots in the box and but 316 names on the written list, and the vote was for McEnery 24, for Kellogg 338; that iu consequence of these discrepancies and the large majority against their ticket, the Fusion Returning Board excluded the count of this box in making their compilation of the returns. In the eleventh ward, poll number one, when counted, showed 311 votes for McEnery against 40 for Kellogg, although this box was located near the levee, where a large number of colored laborers reside; and at poll number five, same ward, the vote was for McEnery 306, for Kellogg 106. The count of both these boxes was also protested against by the United States supervisors, and the figures are totally irreconcilable with the political complexion of any portion of that ward. At poll number six, of the same ward, where a majority of Republican votes had been cast, additional Republican ballots were put in the box to cruise a dis- crepancy between the number of ballots in the box and the number of names on the written list, and thus have the vote of that poll thrown out by the Returning Board, and that the vote of said box was 115 for McEnery against 200 for Kel- logg, and the poll was excluded by the Fusion Returning Board. In the thirteenth and fourteenth wards circumstances do not point so clearly to the substitution of boxes as in the cases of the two wards above cited, but the inference is strong that they were used, as the returns show a large reduction from the Republican vote of 1870, and a corresponding or greater increase in the Democratic or Fusion vote. In the fourth ward, which was largely Republican in 1870, at poll number one, located in the immediate vicinity of the sugar sheds and lower steamboat land- ing, always thronged with colored laborers, the box contained 315 votes for McEnery against t»2 for Kellogg; at poll number eight, same ward, the vote was, lor McEnery 189, for Kellogg 94. No notice was given for the location of the last poll until the morning of the election, and it was not found by the United States supervisors, representing the Republican party, until noon. In the fifth ward, also heretofore Republican by large majorities, poll number one, as counted, was 350 for McEnery against 118 for Kellogg; and poll number nine, same ward, 237 foi. McEnery against 70 for Kellogg. These polls were situated at the two extremes of the ward, the former near the levee and French Market, always thronged by colored men, and the latter in the rear of the ward. where but few persons live, and those principally colored market gardeners. In the eighth ward, the box from poll number one, also located near the levee, and in the neighborhood of the old Pontchartrain railroad depot and the Port Market, contained, for McEnery 298, for Kellogg 24. The box from poll num- ber four, same ward, contained, for McEnery 353 votes against 89 for Kellogg, and on the close of the polls, when the commissioners of election were bringing the box to Mechanics' Institute, the United States supervisor for the Republican 53 party was thrown out of the cab, and there is no doubt that the duplicate box was then substituted for the original one. Deponent further says, that after the receipt of all the ballot boxes of the parish of Orleans at the Mechanics' Institute on the night of November 4, 1872, he was about to proceed to make the count of the votes in the same manner as that in which he had already instructed the supervisors of registration in the country parishes to proceed, viz: "To count the electoral and congressional first, and then to deny to the United States officials the right of supervision and inspection of the count of the ballots for State, parochial and municipal officers," and had already caused several boxes to be opened and the counting of ballots commenced, when General James Lougstreet presented to him the communica- tion hereto attached, and marked CY; that on receipt of said demand he at first declined to accede to it, and caused the boxes already opened to be closed aud resealed and the counting suspended, but after consultation with prominent members of the Fusion party, and several interviews with General Lougstreet and others representating the Republican party, he fiully consented to the can- ditions demanded, but that he did so for two reasons only, viz: First, that he feared armed interference on the part of the United States authorities in the event of refusal or non-compliance with the demands or requests made upon him; and second, that from his knowledge of the manner in which the registration had been conducted nnd his instructions as before narrated had been carried out, as well as from his knowledge of the number of fraudulent votes cast for the Fusion candidates at the election, and the number of prepared boxes substituted for genuine ones, he had so much confidence that the Fusion ticket had carried the city by a majority sufficiently large to more than overcome any unforeseen failures in the country parishes; therefore, he prelerred to submit Lo the inspection de- manded rather than risk a conflict between the State and federal authorities and jeopardize the success of his party. Deponent further says that during the counting of the votes, which was resumed on the morning of November 5, every possible obstruction was thrown in the way of the United States supervisors of election and others representing the Republican party ; that they were discourteously treated in many instances, every advantage taken of them when absent even momentarily, and whenever they protested against any proceeding they were told that all protests must be made in writing before any attention would be paid to them, and when such written protests were filed they were taken possession of by deponent or his clerks and assistants aud destroyed, or otherwise made away with, in order to prevent the Returning Board from having any knowledge whatever of the filing of such protests, and any action on the part of said board detrimental to the Fusion interests in consequence thereof; that said United States supervisors and other officials were allowed admission into the hall of said Institute only upon passes signed by deponent or his chief clerk, and even then were required to exhibit their commissions to the policemen on guard at the door for identifica- tion; that admission was freely given to candidates for office upon the Fusion ticket, and almost invariably denied to Republican candidates, and every other possible studied annoyance offered to Republicans and their friends and repre- sentatives. Deponent further says that in counting the votes of the parish of Orleans, assistant supervisors and commissioners of election were instructed, when count- ing "scratched" tickets, that whenever the name of a Fusion candidate was erased and the name of a Republican candidate substituted therefor, that unless the name substituted corresponded letter for letter with the name of the Repub- lican candidate for the office voted for, as printed on the straight or regular Re- publican ticket, such ballot was not to be credited to the said candidate, but tallied as "scattering;" but whenever they found the name of a Republican can- didate erased oj scratched and the name of a Fusion candidate substituted, the manner of pro&eding was reversed, and the ballot credited to the Fusion candi- date, without regard to the initials or orthography ot the name of such candidate, as printed on the regular Fusion ticket, and that these instructions were, in the majority of instances, thoroughly and systematically carried out. Deponent further says that from the facts and statistics before related in this deposition, it is shown that the total number of votes gained to the Fusion ticket 54 in the parish of Orleans by means of fraudulent manipulation of registration papers, voting on the names of dead men, and by the substitution of duplicate and fraudulent ballot boxes, amounted to 6737 votes, divided as follows, viz : Number of duplicates issued in the names of deceased voters and voted on for the Fusion ticket at the election 855 Number of certificates of registration fraudulently issued in 1870, and of certificates of registration surrendered by persons removed from tbe wards in which they were registered in 1870 and voted upon for the Fusion ticket in 1872 3502 Number of Fusion ballots contained in boxes substituted for the ones actually used at the election, about 3181 Against Republican ballots placed in same boxes to avert suspicion 801 Or a fraudulent majority of Fusion votes in said boxes of 2380 Total given to the Fusion party by frauds 6737 And that the loss in votes to the Kepublican party by fraudulent means was 3010, divided as follows : Number of names of colored voters erased from the registry by fraudulent affidavits without sanction of law 2472 Number of Republican ballots contained in two boxes thrown out by the Fusion board on account of stuffing by the commissioners 538 Total loss to the Republican party by frauds 3010 And that in the country parishes, so far as set forth by deponent in the fore- going portions of this instrument, the Republican vote was reduced by the fraudulent means hereinbefore narrated to the extent of about 9314 votes, divided as follows: Republican votes excluded by fraud in the parishes of East Baton Rouge, West Baton Rouge, St. James and Tangipahoa, consequent upon the new registration ordered and made in those parishes 2793 Republican votes cast but not counted in the parishes of Iberville, Madison, St. James, St. Martin and Terrebonne, in consequence of the refusal of the supervisors of registration to count the vote, or the abandoning of the boxes by said supervisors, about 3849 Republican votes cast but not returned as counted in the parishes of Natchi- toches and Rapides, about 1900 Loss to Republican vote by fraud and violence in Webster parish, about .... 202 Loss to Republicans by exclusion of poll four, in Morehouse parish, about. . 170 Loss to Republicans by exclusion of Camp Parapet poll, parish of Jefferson, left bank, about 400 Total reduction from the actual Republican vote, as shown or estimated above 9314 Deronent further says that on the night of the sixth of December, 1872, his office of State Registrar of Voters was forcibly taken possession of by P. B. S. Pinchback, then holding possession of the building used as a State House, and acting as Governor of Louisiana; that in anticipation of such seizure deponent and his clerk and employes had removed from said office such important papers, records ami documents as they had time to remove to a place of security, but in consequence of the sudden manner in which such seizure was made he was forced to leave iu the said office numerous papers, records, documents and memoranda, intelligible only to himself or his clerk, bearing upon the subject of frauds com- mitted at the general election of November 4, 1872, in parishes other than those embraced in this deposition, and also containing details of frauds committed in parishes hereinbefore mentioned, for which the figures are expressed approx- imately, and he has ascertained that said documents, papers, etc., were accident- ally destroyed in the confusion of affairs existing at that time. And deponent believes and avers that were those memoranda, papers, etc., now attainable, he could exhibit and show further frauds committed in several parishes not herein asseverated. Deponent further says that he believes, and has reason to believe, 55 and knows that had not the fraudulent practices as above recited been resorted to and made use of by persons in the interest of the Fusion party, and for the benefit and advantage of said Fusion party as hereinbefore set forth, and had the election returns been fairly and properly made by the supervisors throughout the State, and had the large Republican parishes which were thrown out unjustly, unfairly and for the purpose of reducing the Republican vote, been counted, as they should have been, the candidates for presidential electors, members of Con- gress and State officers upon the Republican national and State ticket would have shown to have been elected by a large majority of the votes cast in the State at the election held on the fourth of November, 1872. And deponent further says that he believes, has reason to believe, and knows that the Republican national and State tickets received a considerable majority of the votes actually cast at the election held on the fourth day of November, A. D. 1872, in the State of Louisiana. B. P. BLANCHARD. Sworn to and subscribed before me on this second of September, 1873; and I hereby certify that the affiant, B. P. Blanchard. was State Registrar of Voters, etc., during the years 1870, 1871 and 1872. Witness my hand and seal, at the city of New Orleans, on the day first above named. F. A. WOOLFLEY, United States Commissioner. [Note. — The exhibits referred to are very voluminous and are omitted. They are mostly originals, and are on file with the depositions.] EXHIBIT C. Sworn Statement of Walter Sully Long, Chief Clerk of the State Registrar of Voters. United States of America, District of Louisiana. — Personally appeared before me Walter Sully Long, who, being duly sworn upon his oath, states as follows: From March, 1872, to January, 1873, I was chief clerk to B. P. Blanchard, then holding the office of State Registrar of Voters for the State of Louisiana. In that capacity I was in the fullest confidence of my chief, and was aware of all and every transaction of a political nature in the office during the campaign of 1872. The necessity of carrying the election for the Fusion party was frequently a matter ot discussion between Blanchard, myself and others, and a plan of opera- tions was finally adopted at my suggestion and carried out as follows: I. The sextons' monthly returns of burials of persons over the age of twenty- one years were carefully compiled by wards, the registration number ascertained and noted, and a list made of them. II. A thorough examination was made of the registry books of 1870, in order to ascertain the number of names of fictitious persons registered in that year. In every ward where the persons having control of these false registry papers were acting with the Fusion party, these names were used; but in wards where the supervisors of 1870 were not acting in harmony with the Fusion party, par- ticular care was taken to prevent their using the fraudulent papers, and to detect any attempt at so doing. III. A system was established requiring all persons who had been registered as voters in 1870, and who had subsequently removed, to deliver up their papers of that year before receiving certificates of registration in 1872. These were sent to the office of the State Registrar of Voters every week, and were carefully sorted out by myself and others, and all that showed no evidence of having been ex- amined by the United States supervisors of election were set aside to be used by repeaters on election day. IV. During the ten days preceding the election a list was made out by me of the registry numbers and names of the dead, removed and fictitious persons be- 56 fore described and given to each assistant supervisor of registration for the city wards. Two or more persons in each ward, who were to serve as commissioners of elec- tion, were set to work making lists of those names upon sheets of paper similar to that designed to be used on the day of election in keeping the written list of voters required by law at each polling place. V. The poll lists were printed, containing the entire registration of both 1870 and 1872. No erasures were made until the Saturday and Sunday preceding the election, when the names that could not be made available for the Fusion cause were crossed off in black pencil on the lists for certain polls in each ward and in number to correspond with the written lists of names above alluded to. These preliminaries having been completed, it was a mere question ot manual dexterity on the part of the commissioners of election to get within the box a number of ballots to correspond with the names crossed off in black from the printed lists and written in advance upon the tally lists. The estimate of the number of votes required to carry the election was as fol- lows: For the first ward, 500; second ward, 500; third ward, 1000; tenth ward, 500; eleventh ward, 500; twelfth ward, 250; thirteenth ward, 100; fourteenth ward, 50; making a total of 3400 for the up town wards; and for the fourth ward, 300; tilth ward, 500; sixth ward, 500; seventh ward, 500; eighth ward, 600; ninth ward, 600; fifteenth ward, none; a total of 3000, and an aggregate of 6400; to this must be added the number of papers to be voted on by "repeaters," which was estimated at 2000. VI. The number of fraudulent votes actually counted, and which can be proved by own testimony and that of other persons concerned is — ■ In the first ward 281 In the second ward 243 In the third ward 803 In the tenth ward 306 In the eleventh ward 330 In the twelfth ward 101 In the thirteenth ward 98 In the fourteenth ward 26 Total up town 2188 In the fourth ward 186 In the fifth ward 155 In the sixth werd 336 In the seventh ward In the eighth ward 393 In the ninth ward 244 In the fifteenth ward 1314 Grand total 3502 Beyond this the papers given to repeaters were about 2000. I can not at pres- ent remember the exact number, but I think that 1400 were given out to be used in the First, Fourth and Sixth Municipal Districts, and 600 to be used in the Second and Third Districts. I further know and can produce, I believe, the men who acted as commissioners of election at the polls in each ward where fraudulent votes were cast or counted at the general election of November 4, 1872. WALTER S LONG. Sworn to and subscribed before me this fourth day of September, 1873, at New Orleans, Louisiana. F. A. WOLFLEY, United States Commissioner. 51 EXHIBIT E>. Sworn Statement of Oscar F. Hunsaker, Chaii man of the Fusion- Warmoth Return- ing Board, and Samuel 21. Todd, a member of the same Board. [See canvass of Fusion Returns published in Senate Report, pages 81, 82, and 83, purporting to have been signed by Hunsaker and Todd. ] State of Louisiana, City of New Orleans. — This day personally appeared be- fore me, William Giant, United States Commissioner, Samuel M. Todd and Oscar F. Hunsaker, residents of the State of Louisiana, who first being duly sworn, depose and say: That they were members of the State Senate of the State of Louisiana, sitting in the Mechanics' Institute on the ninth day of December, 1872; that afterward, to wit, on or about the tenth day of December, 1872, said deponents left the Senate sitting at the Mechanics' Institute, and uuited with the assemblage known as the McEnery Senate, sitting at Lyceum Hall, in the City Hall building of the city of New Orleans; that the Senate of the said Mc- Enery assemblage proceeded to organize, and that on or about the date last named said Senate proceeded to elect a returning board, or board of canvassers, who were to correct, canvass and compile the returns of election for State officers, presidential electors, etc., under the act approved by H. C. Warmoth, November 20, 1872; and said deponents, ts wit: S. M. Todd and O. F. Hunsaker, together with S. M. Thomas, B. R. Forman and Archibald Mitchell were elected as said board ; that the said board proceeded to organize by the election of 0. F. Hun- saker, one of said deponents, president thereof; that the said returns were then produced from trunks and carpet-bags in a small room, on an upper floor of the St. Charles Hotel; that said returns were brought to said room by one O. D. Bragdon, who appeared to be in possession of the same; that said returns had been opened, compiled and canvassed before they came into the possession of said deponents and the other members of the board; that although said deponents did carefully examine said returns and made themselves cognizant of the nature of the same, and the mode and manner in which said returns were compiled, and the result sought to be shown, yet said deponents neither jointly nor separately, nor in any way whatever, signed or authorized any person to sign for them the purported canvass of returns known in the congressional report on Louisiana affairs as the •'Forman returns," dated December 11, 1872, by which returns it was made to appear that John McEnery was elected Governor, and that the Fusion State ticket was elected; neither did they or neither of them at any time consent or agree that said purported canvass was or is correct, or authorize the publication of the same in any manner whatsoever; that soon after the meeting of said board of canvassers, above referred to, one of said board — to wit: S. M. Thomas — left the city, and if he ever resigned as a member of said returning board it was not known to either of said deponents, nor did said O. F. Hunsaker, as president of said board, ever at any time receive any indication or any communication of the resignation or withdrawal of said S. M. Thomas from the said board of canvass- ers; and that neither of said deponents ever met or participated in any can- vass of said returns after said S. M. Thomas left the city, nor did they ever authorize any person or persons to do so for them; said de- ponents further state that by the pretended canvass cf said returns as published without the consent of said deponents, the returns from the follow- ing parishes are shown to have been entirely thrown out, to wit: St. Martin, Iberia, Terrebonne, Iberville and St. James; that the said parishes were and are well known to be largely Republican, the two parishes of St. James and Iberville alone giving more than 2500 Republican majority; that there was no sufficient proof or good reason why said parishes should have been omitted; that had the vote of said parishes been included in the publication of said purported returns, as of right it should have been, it would have added several thousand votes to the Republican ticket; and deponents further say that a fair, proper and correct canvass of said returns would have shown that William P. Kellogg was elected Governor of Louisiana at the election held on the fourth of November, 1872, and said deponents verily believe that said William P. Kellogg was elected Governor of the State of Louisiana by the actual votes cast at said election. OSCAR F. HUNSAKER, SAMUEL M. TODD. 58 United States of America, District of Louisiana. — On tLe sixth clay of Sep- tember, 1873, personally appeared before me, Oscar F. Hnnsaker and Samuel M. Todd, known to me as the persons they represent themselves to be, members of the Senate of the State of Louisiana, and late members of the so-called Fusion board of State canvassers, known and designated in the United States Senate report on Louisiana affairs as the "Forman Board," who, being duly sworn, de- clared on oath that the facts stated by them in the foregoing affidavit are true and correct. WILLIAM GRANT, United Sates Commissioner. EXHIBIT E. JOURNAL OE THE GENERAL ASSEMBLY, AT THE EXTRA SESSION, CONVENED APRIL 14, 1875. HOUSE. First Day's Proceedings. House or Representatives, ? New Orleans, April 14, 1875. \ Pursuant to the proclamation of the Governor convening the Legislature in extra session, the House was called to order, Speaker Hahn presiding. The Clerk read the following proclamation: NA, } 375..) extra session — proclamation bt the governor. State of Louisiana, ' Executive Department, New Orleaus, March 24, 1875. Whereas, the existing condition of public affairs presents, in my judgment, an extraordinary occasion within the meaning of article sixty-four of the constitu- tion of the State, I, William P. Kellogg, Governor of the State of Louisiana, by virtue of the power in me vested by the constitution and the laws enacted there- under, do hereby convene the General Assembly of the State of Louisiana to meet in extra session at the State House in the city of New Orleans, on Wednes- day, the fourteenth day of April, 1875, at the hour of twelve o'clock M. ; and in accordance with act No. 19 of the General Assembly of Louisiana, approved February 16, 1870, 1 hereby indicate ten days as the length of time for which said session shall continue, commencing Wednesday, April 14, as aforesaid, at the hour of twelve o'clock M., and ending Saturday, April 24, at the hour of twelve o'clock M. And I do further specify the following objects of legislation which shall take precedence of all other business which may be brought forward at such extra session: 1. Joint resolution in relation to the adjustment of the political difficulties heretofore existing in this State. 2. Revenues of the State, and the mode of collecting and disbursing the same. 3. Amendment of the funding law with respect to the number of members composing the Funding Board, and with respect to the manner of preventing the funding of illegal obligations of the State. 59 4. Revenues, financial condition and government of the city of New Orleans. 5. Relief of the commerce of New Orleans from excessive port charges, fees, etc. 6. To consider the incorporation of the Board of Trade of New Orleans. Given under my hand and the seal of the State hereunto attached, this twenty- fourth day of March, in the year of our Lord eighteen hundred and seventy-five, and of the independence of the United States the ninety-niuth. WILLIAM P. KELLOGG. By the Governor: P. G. Deslonde, Secretary of State. The roll was called, and the following members responded to their names: Speaker Hahn and Messrs. Armstead, Butler, Baker, Carville, Crawford, Con- naughton, Cousin, Drury, Davidson, Dewees, De Lacey, Dickenson, Demas, Floyd, Guichard, Gantt, Grant, Gracien, Hill of Ascension, Hill of Ouachita, Hubeau, Honore, Hunsakei 1 , Jourdain, Johnson of Caddo, Johnson of De Soto, Jones of Pointe Coupee, Keating, Lane, Lowell, Levisee, Martinet, Matthews of Tensas, Murrell, Milon, Marie, McAlpine, Parker, Pierson, Poindexter, Piles, Randall, Ridgely, Ray, Raby, Rochon, Richards, Stewart, Sutton, Southard, Snaer, Sartain, Souer, Tyler, Triplet, Thomas, Wilson, Woods, Wright, Yorke — 61. Sixty-one members present and a quorum. The following named gentlemen, who were returned by the Board of Return- ing Officers as members of the House, and whose seats are not contested, were sworn in by the Speaker: Messrs. A. A. Maginnis of Orleans, John Young of Claiborne, A. Nunez of Vermilion, W. W. Carloss of Webster, James Webb of St. Landry, M. T. Martin of Lafayette, D. W. Self of Sabine, G. W. Richardson of Calcasieu, M. Sibilski of Orleans, L. A. Wiltz of Orleans, H. C. Mitchell of Claiborne, J. A. DeBlanc of Orleans, G. W. R. Bayley of Orleans, Bolivar Edwards of Tangipahoa, C. T. Seaman of Orleans, W. H. Pipes of East Feliciana, George W. Dupre of Orleans, E. A. Carmouche of St. Landry, G. D. Wells of Livingston, William Magee of Washington, E. A. Durr pi' Cameron, R. B. Walters of Catahoula, E. L. Bower of Orleans, W. P. Smith of Union, T. J. Johnson of Lafourche, J. Billieu of La- fourche, A. D. Lafargue of Avoyelles, Thomas E. Meredith of Caldwell, J. A. Blaffer of Orleans, E. D. Estdette of St. Landry, J. L. Matthews of Franklin, R. P. Edwards of Richland, Edward Booth of Orleans, Charles Byrne of Orleans, B. C. Elliott of Orleans, G. Pascal of Orleans, Charles Roman of Orleans, W. J. Hammond of Orleans, G. L. Hall of Orleans, C. L. Walker, of Orleans, Charles E. Schenck, of Orleans, John A. Gilmore of Orleans, Charles Kummel of Orleans, Jules Aldige of Orleans, W. B. Koontz of Orleans. MESSAGE FEOM THE SENATE. The Secretary of the Senate announced that the Senate was organized and ready for the transaction of business. Mr. Souer, of Avoyelles, moved that a committee of three members be appointed to wait upon the Governor and inform him that the House was organ- ized and ready for the transaction of business, and that the Chief Clerk be directed to inform the Senate to the same effect. The Speaker appointed the following members as the committee to wait on the Governor : Messrs. Souer, of Avoyelles; De Blanc, of Orleans, and Hill, of Ouachita. Mr. Matthews, of Tensas, offered the following resolution, which was read: Whereas, R. R. Beasley and E. F. X. Dugas, of the parish of Assumption; James Brice, ot the parish of Bienville; J. F. Scales and Charles Schaler, of the parish of De Soto; E. Kidd, of the parish of Jacksou; James Jeffries, R. C. Luck- ett and G. W. Stafford, of the parish of Rapides; Edward McCullom and W. H. Keys, of the parish of Terrebonne, and George A. Kelly, of the parish of Winn, respectively claim that they were elected at the last general election in this State to seats in this House from their respective parishes, but that said seats were not awarded to them by the Returning Board; therefore, be it Besolved, That the Committee on Elections and Qualifications be directed to inquire into the validity of said claims respectively and report their conclusions to the House at its next sitting. 60 Mr. Matthews, of Tensas, moved for a suspension of the rules so as to con- sider the resolution, on which the yeas and nays were demanded, with the fol- lowing result: Yeas — Booth, Byrne, Burkhardt, Bayley, Blaffer, Bower, Butler, Baker, Billieu, Carville, Connaughton, Carmouche, Cousin, Carlos, Dupre, DeBlanc, Drury, Durr, Davidson, Dewees, DeLacey, Demas, Bolivar Edwards, R. P. Edwards, Estilette, Elliott, Floyd, Guichard, Grant, Gracien, Hall, Hill of Ascension, Hill of Ouachita, Hubean, Honore, Hammond, Hunsaker, Jourdain, Johuson of Caddo, Johnson of DeSoto, Johnson of Lafourche, Jones of Lincoln, Jones of Pointe Coupee, Keating, Lane, Lowell, Levisee, Lafargue, Maginnis, Meredith, Mitchell, Matthews of Franklin, Matthews of Tensas, Martin, Murrell, Milon, Marie, Magee, McAlpine, Nunez, Pascal, Parker, Pierson, Piles, Pipes, Roman, Richardson, Randall, Ridgely, Ray, Raby, Smith, Stewart, Sutton, Self, South- ard, Snaer, Souer, Seaman, Sibilski, Tyler, Triplet, Thomas, Voorhies, Vidrine, Wiltz, Wilson, Woods, Walters, Wells, Webb, Wright, Yorke, Young— 94. Nays — Armstead, Crawford, Dickenson, Martinet, Sartain — 5. Rules suspended. Mr. Ray, of East Feliciana, raised the following point of order: That under rule thirty-four, governing the House, the Committee on Elections and Qualifications appointed at the last regular session does not lie over, and that it has no power to act according to the resolution. The Speaker ruled the point of order as not being well taken. Mr. Murrell, of Madison, moved the previous question on the adoption of the resolution . The main question was ordered and the resolution adopted. The Speaker laid before the House the following communication, which was read and referred to the Committee on Elections and Qualifications: Clerk's Office, "i Honse of Representatives of the Uoired States, > Washington, D. C, March 8, 1875.) Sie — I have the honor to inclose a certified copy of resolutions adopted by the House of Representatives at its late session respecting affairs in Louisiana. Very respectfully, your obedient servant, edward Mcpherson, Clerk House of Representatives of the United States. Hon. M. Hahn, Speaker House of Representatives of Louisiana, New Oi leans, Lou- isiana. Forty-third Congress, second session, Congress of the United States, in the House of Representatives, March 1, 1875: Mr. George F. Hoar submitted the following, which was agreed to: Whereas, Both branches of the Legislature of Louisiana have requested the special committee of this House to investigate the circumstances attending the election and returns thereof in that State for the year 1874 ; and NINE8 Whereas, Said committee have unanimously reported that the Returning Board of that State, in canvassing and compiling said returns and promulgating the result, wrongfully applied an erroneous rule of law, by reason whereof persons were awarded seats in the House of Representatives of Louisiana to which they were not entitled, and persons entitled to seats were deprived of them; Resolved, That it is recommended to the House of Representatives of Louisiana to take immediate steps to remedy said injustice, and to place the persons right- fully entitled in their seats. Resolved, That William Pitt Kellogg be recognized as the Governor of the State of Louisiana until the end of the term cf office fixed by the constitution of that State. Attest: EDWARD McPHERSON, Clerk. Mr. Stewart, of Tensas, moved that a committee of three be appointed to wait upon the Governor to request him to communicate to the House the character and nature of the award made by the congressional committee. Pending the motion the House was adjourned until to-morrow at twelve o'clock M., on motion of Mr. Dewees of Red River. WILLIAM VIGERS, Chief Clerk. 61 Second Day's Proceedings. House of Representatives, ? New Orleans, April 15, 1875. \ The House met pursuant to adjournment. Speaker Hahn in the chair. The roll was called and the following members answered to their names: Speaker Hahn and Messrs. Aldige, Armstead, Booth, Byrne, Bayley, Blaffer, Bower, Butler, Baker, Billieu, Carville, Crawford, Connaughton, Carmouche, Carlos, Cousin, Dupre, DeBlanc, Drury, Durr, Davidson, Dewees, DeLacey, Dickenson, Demas, Boliv&r Edwards, K. P. Edwards, Estilette, Elliott, Floyd, Guichard, Grant, Gantt, Gracien, Gilmore, Hall, Hill of Ascension, Hill of Oua- chita, Hubeau, Honore, Hammond, Hunsaker, Jourdain, Johnson of Caddo, Johnson of DeSoto, Johnaon of Lafourche, Jones of Lincoln, Jones of Pointe Coupee, Kountz, Kummel, Keating, Lane, Lowell, Levisse, Lafargue, Maginnis, Meredith, Mitchell, Matthews of Franklin, Matthews of Tensas, Martin, Murrell, Milon, Marie, Magee, McAlpine, Martinet, Nunez, Pascal, Parker, Pierson, Poin- dexter, Piles, Pipes, Roman, Richardson, Randall, Raby, Richards, Ridgely, Rochon, Ray, Smith, Stewart, Sutton, Self, Southard, Snaer, Sartain, Souer, SeamaD, Sibilski, Schenck, Tyler, Triplet, Thomas, Walker, Wiltz, Wilson, Woods, Walters, Wells, Webb, Wright, Yorke, Young— 107. One hundred and seven members present and a quorum. The reading of the journal was dispensed with and it was adopted. The following communication was read: To the Honorable Speaker and Members of the House of Representatives: At the regular session of the General Assembly, I was seated as a member of this House from the parish of St. Landry, subject to contestation. I was induced to take my seat because I thought there were such irregularities in the St. Lan- dry election as entitled me to it; because many of my friends desired me to do so, and because I thought St. Landry ought to have at least one Representative in the House. I intended at the time to remain, or withdraw, according to cir- cumstances. Since the adjournment of the regular session, the committee to whom was referred the Louisiana troubles have made an award as the baais of a final ad- justment. My remaining in the Homse might prove an impediment to the har- monious executiou of this adjustment, aud I do not wish to be an obstacle to its success. I therefore beg leave to withdraw from membership in this House in favor of the Hon. Yves Vidrine, whose election was recognized by the Returning Board. Very respectfully, ELBERT GANTT. Mr. Pierson moved that the resignation of Mr. Gantt be accepted. Carried. Mr. Matthews, of Tensas, moved that Mr. Vidrine be seated. KEPOKTS OF STANDING COMMITTEES. The Committee on Elections and Qualifications submitted the following report, which was received: Committee on Elections and Qualifications, ) New Orleans, April 15, 1875. £ To the Honorable Speaker and Members of the House of Representatives: Your Committee on Elections and Qualifications, to whom was referred the following resolution, viz: Whereas, R. R. Beasley and E. F. X. Dugas, of the parish of Assumption; James Brice, of the parish of Bienville; J. F. Scales and Charles Schuler, of the parish of De Soto; E. Kidd, of the parish of Jackson; James Jeffries, R. C. Luck- ett and G. W. Stafford, of the parish of Rapides; Edward McCullum and W. H. Keys, of the parish of Terrebonne, and George A. Kelly, of the parish of Winn, respectfully claim that they were elected at the last general election in this State to seats in this House from their respective parishes, but that said seats were not awarded them by the Returning Board; therefore, be it 62 Resolved, That the Committee on Elections and Qualifications be directed to inquire into the validity of said claims respectively, and report their conclusions to the House at its next sitting. Beg leave to report that said R. R. Beasley and E. F. X. Dugas, James Brice, J. F. Scales, Charles Schuler, E. E. Kidd, James Jeffries, R. C. Luckett, G. W. Stafford, Edward McCullum, W. H. Keys and George A. Kelley are respectively entitled to seats in the House of Representatives, by them respectively claimed from their said respective parishes, and that the members now occupying seats in the House, viz: Joseph Connaughton, William Crawford and John De Lacy, of the parish of Rapides; George Drury and R. Poindexter, of the parish of Assumption; J. J. Johnson and E. S. Tyler, of the parish of De Soto; F. Marie and F. R. Wright, of the parish of Terrebonne, and Winfield Hood, of the parish of Jackson, are not entitled to the seats now held by them. Respectfully submitted. W. G. LANE, Chairman; L. W. BAKER, P. JONES YORKE, E. L. BOWER, J. E. PARKER, H. RABY, G H. HILL. Mr. Matthews, of Tensas, moved the adoption of the report, and called for the previous question thereon. On which tlie yeas and nays were demanded, with the following result: Yeas — Aldige, Booth, Byrne, Bayley, Blaffer, Bower, Baker. Billieu. Car- mouche, Carloss, Dupre, DeBlance, Drury, Durr, Dewees, Demas, Bolivar Ed- wards, R. P. Edwards, Estilette, Elliott, Guichard, Grant, Gracieu, Gilmore, Hall, Hubeau, Honore, Hammond, Hunsaker, Jourdain, Johnson of Caddo, Johnson of Lafourche, Jones of Lincoln, Kountz, Kummel, Keating, Lane, Lowell. Levisee, Lafargue, Maginnis, Meredith, Mitchell, Matthews of Franklin, Mat- thews of Tensas, Martin, Murrell, Milon, McAlphine, Magee, Nunez, Pascal, Parker, Pierson, Poindexter, Piles, Pipes, Roman, Richards, Richardson, Rochon, Randall, Ridgely, Raby, Smith, Stewart, Self, Snaer, Souer, Seaman, Sibilski, Schenck, Tyler, Triplet, Thomas, Vidrine, Walker, Wiltz, Wlison, Woods, Walters, Wells, Webb, Yorke, Young— 85. Nays — Armstead, Butler, Carville, Crawford, Cousin, Davidson, DeLacey, Dickenson, Floyd, Hill of Ouachita, Johnson of De Soto, Jones of Pointe Coupee, Martinet, Marie, Ray, Sutton, Southard, Satain — 18. Carried. The main question was ordered. On the adoption ot the report the yeas and nays were ordered, with the follow- ing result: Yeas— Aldige, Booth, Byrne, Bayley, Blaffer, Bower, Baker, Billieu, Car- mouche, Cousin, Carloss, Dupre, DeBlanc, Drury, Durr, Dewees, Demas, Boliv«x Edwards, R. P. Edwards, Estilette, Elliott, Guichard, Grant, Gracien, Gilmore, Hall, Hubeau, Hill of Ascension, Hunsaker, Hammond, Honore, Jourdain, John- son of De Soto, Johnson of Caddo, Johnson of Lafourche, Jones of Lincoln, Jones of Pointe Coupee, Kountz, Kummel, Keating, Lane, Lowell, Levisee, La- fargue, Maginnis, Meredith, Mitchell, Matthews of Tensas, Matthews of Franklin, Martin, Murrell, Milon, Magee, McAlpine, Nunez, Pascal, Parker, Pierson, Poin- dexter, Piles, Pipes, Raby, Richardson, Randall, Ridgely, Roman, Rochon, Richards, Smith, Stewart, Self, Snaer, Souer, Schenck, Seaman, Sibilski, Tyler, Triplet, Thomas, Vidrine, Walker, Wiltz, Wilson, Woods, Walters, Wells, Webb, Wright, Yorke, Young — 90. N a y S — Armstead, Butler, Carville, Crawford, Davidson, DeLacey, Dickenson, Floyd, Hill of Ouachita, Martinet, Marie, Ray, Sutton, Southard, Sartain— 15. Carried. Mr. Matthews, of Tensas, moved to reconsider the vote whereby the report was adopted, and also moved to lay the motion to reconsider on the table. Carried. . The following named gentlemen were sworn in as Representatives of their re- spective parishes: 63 Messrs. R. R. Beasley and E. F. X. Dugas, of the parish of Assumption; James Brice, of the parish of Bienville; J. F. Scales and Charles Schuler, of the parish of De Soto; E. Kidd. of the parish of Jackson; James Jeffries, C. W. Luckett and G. W. Stafford, of the parish of Rapides; Edward McCullom and W. H. Keys, of the parish of Terrebonne, and George A. Kelley, of the parish of Winn. Under a suspension of the rules, Mr. Young, of Claiborne, introduced House bill No. 1, joint resolution relative to the recognition of the Kellogg government, which was placed on its first reading. The constitutional rules being suspended, the bill was read a second time and considered as being engrossed. Under a further suspension of the constitutional rules the bill underwent its third reading. On its final passage the yeas and nays were demanded, with the following result : Yeas — Armstead, Bayley, Blaffer, Bower, Butler, Baker, Billieu, Brice, Beas- ley, Carmoucbe, Cousin, Carloss, DeBlanc, Dugas, Durr, Dewees, Dickenson, Demas, R. P. Edwards, Estillette, Floyd, Guichard, Grant, Gracien, Hall, Hill of Ascension, Bill of Ouachita, Hubeau, Honore, Hammond, Jourdain, Johnson of Caddo, Johnson of Lafourche, Jones of Lincoln, Jones of Pointe Coupee, Jeffries, Kidd, Kelley, Koontz, Keys, Keating, Lane, Lowell, Levisee, Lafargue, Luckett, Maginnis, Meredith, Mitchell, Matthews of Franklin, Matthews of Tensas, Martin, Murrell, Milon, Magee, McAlpine, Martinet, McCullum, Nunez, Parker, Pierson, Piles, Pipes, Richardson, Randall, Ridgely, Ray, Raby, Rich- ards, Rochon, Smith, Sutton, Self, Snear, Souer. Seaman, Sibilski, .Scales. Staf- ford, Schuler, Triplet, Thomas, Vidrine, Wilson, Woods, Walters, Webb, Yorke Young— 89. Nays — Aldige, Booth, Byrne, Carville, Dupre, Davidson, Bolivar Edwards, Gil- more, Kummel, Pascal, Roman, Stewart, Southard, Sartain, Schenck, Walker, Wiltz, Wells— 18. The bill was finally passed, its title adopted, and it was ordered to be sent to the Senate for concurrence. Mr. Young, of Claiborne, moved for a reconsideration of the vote taken on the final passage of the bill, and also moved to lay the motion to reconsider on the table. Carried. SENATE. First Day's Session. Senate Chamber, ) New Orleans, April 14, 1875. $ In pursuance with the following proclamation, the members of the Senate, a branch of the General Assembly of Louisiana, met at the Senate Chamber in New Orleans: PROCLAMATION BY THE GOVERNOE. NA, ) t. [ 375.) • State of Louisiana, Executive Department, New Orleans, March 24, 1875. Whereas, the existing condition of public affairs presents, in my judgment, an extraordinary occasion within the meaning of article sixty-four of the constitu- tion of the State, I, William P. Kellogg, Governor of the State of Louisiana, by virtue of the power in me vested by the constitution and the laws enacted there- under, do hereby convene the General Assembly of the State of Louisiana to meet in extra session, at the State House, in the city of New Orleans, on Wednesday, the fourteenth day of April, 1875, at the hour of twelve o'clock M. , and in ac- cordance with act No. 19 of the General Assembly of Louisiana, approved Feb- ruary 16, 1870, I hereby indicate ten days as the length of time for which said session shall continue, commencing Wednesday, April 14, as aforesaid, at the hour of twelve o'clock M., and ending Saturday, April 24, at the hour of twelve o'clock M. And I do further specify the following objects of legislation which 64 shall take precedence of all other business which may be brought forward at such extra session: 1. Joint resolution in relation to the adjustment of the political difficulties heretofore existing in this State. 2. Revenues of the State and the mode of collecting and disbursing the same. 3. Amendment of the funding law with respect to the number of members composing the Funding Board and with respect to the manner of preventing the funding of illegal obligations ot the State. 4. Revenues, financial condition and government of the city of New Orleans. 5. Relief of the commerce of New Orleans from excessive port charges, fees, etc. 6. To consider the incorporation of the Board of Trade of New Orleans. Given under my hand and the seal of the State hereunto attached, this twenty- fourth day of March, in the year of our Lord eighteen hundred and seventy-five, and of the independence of the United States the ninety-ninth. WILLIAM P. KELLOGG. By the Governor: P. G. Deslonde, Secretary of State. At 12 M. the Senate was called to order by the Hon. C. C. Antoine, Lietenant Governor of the State and President of the Senate. The roll of the Senate having been called, showed the following: Present — Messrs. Allain, Anderson, Blackburn, Blunt, Breaux, Brewster, Burch, Cage, Chadbourn, Crozier, Detiege, Eustis, Gla, George, Green, Grover, Harper, Kelso, Kelly, Masicot, Ogden, Pollard, Robertson, Stamps, Steven, Twitchell, Weber, White, Wharton, Whitney, Young — 31. Absent — Messrs. Alexander, Dumont, Herwig, Landry, Sypher — 5. The President announced that there was a quorum present. Prayer by the Rev. Mr. Tarlton. The foregoing proclamation was then read. On motion of Mr. Allain, the Secretary was instructed to inform the House of Representativeslthat the Senate was organized and ready for business. On motion of Mr. Whitney, the President appointed the following Senators, to wit: Messrs. Whitney, Cage and White, to inform the Governor of the State of the complete organization of the Senate in extra session convened, and that the Senate was ready to receive from him any communication his excellency might desire to make. The Senate committee, after waiting upon the Governor, reported that they attended to the duties assigned them, and that his excellency informed the Sen- ate that he would send in his messages hereafter. Fourth Day's Session. Senate Chamber, ) New Orleans, April 17, 1874. ) The Senate met in accordance with adjournment, and was called to order by Hon. C. C. Antoine, Lieutenant Governor of the State and President of the Sen- ate. On call of the roll the Senators were as follows : Present — Messrs. Anderson, Blunt, Burch, Brewster, Cage, Chadbourn, Cro- zier, Eustis, George, Gla, Greene, Grover, Harper, Kelly, Landry, Masicot, Og- den, Pollard, Robertson, Stamps, Steven, Sypher, Weber, White, Wharton, Young — 26. Absent — Messrs. Alexander, Allain, Blackburn, Breaux, Detiege, Dumont, Herwig, Kelso, Twitchell, Whitney — 10. Prayer by the Rev. Charles Dardis. The Secretary commenced to read the journal, aud, on motion, the further reading was dispensed with. The journal was corrected and adopted. ******** Mr. Cage, as a question of privilege, moved that the case concerning the sena- torial seat of his colleague, the Hon. Oscar Crozier, be referred to the Committee on Contested Elections, as his colleague desired a full investigation of the question. 65 Upon the motion of Mr. Bnrch the motion of Mr. Cage, by consent, was amended as to read : "' \ 1Q award concerning said seat" be referred to the Com- mittee on Elections, witli nstruct i° ns to report immediately as to the right »f Mr. Goode to said seat. 5 SPECIAL REPORT. Mr. Allain, chairman of the Committee on Elections, submitted the following as a privileged report: Committee on Elections and Qualifications, ? New Orleans, April 17, 1875. \ To the Honorable President and Members of the Senate: In the matter of the contest of F. S. Goode to a seat in the Senate from the eighth senatorial district of the State of Louisiana, referred to your Committee on Elections, your committee are of opinion that said F. S. Goode is entitled to said seat, and recommend that said F. S. Goode be sworn in as Senator from said district. Very respectfully, THEOPHILE T. ALLAIN, Chairman; A. J. SYPHER, E. L. WEBER, WILLIAM HARPER. **** * * * * * Mr. Blunt asked leave to make a written minority report on Monday next. The Senate refused. On call of the yeas and nays the Senate voted to adopt the majority report by the following vote: Yeas — Allain, Breaux, Brewster, Burch, Cage, Chadbourn, Dumont, Eustis, George, Gla, Greene, Grover, Herwig, Harper, Kelly, Kelso, Landry, Masicot, Ogden, Pollard, Robertson, Stamps, Steven, Sypher, Weber, White, Whitney, Young— 28. Nays — Blackburn, Blunt, Wharton — 3. Absent and not voting — Alexander, Anderson, Crozier, Detiege, Twitchell — 5. The President declared that the Senate had accorded the seat of the eighth senatorial district to Hon. F. S. Goode. Mr. Burch moved that Mr. Goode be invited to take the required oath and take his seat in tli6 Senate. Adopted. Mr. Goode was escorted to the President's desk by Messrs. Cage, Robertson and Burch. and, after taking the required oath, took his seat in the Senate. Mr. Robertson called up House joint resolution No. 1, relative to the recogni- tion of the Kellogg government. The bill was read the first time. The constitutional rule was suspended by a four-fifths vote and the bill read the second time. The bill was adopted on second reading. The constitutional rule was suspended by a four-fifths vote, the bill read the third time, and finally adopted, with its title, on the call of the yeas and nays, by the following vote: Yeas— Allain, Blackburn, Blunt, Breaux, Brewster, Burch, Cage, Chadbourn, Dumont, Eustis, Gla, Goode, Greene, Grover, Harper, Kelso, Masicot, Pollard, Robertson, Stamps, Steven, Sypher, Twitchell, Weber, White, Whitney, Young— 27. Nays — George, Ogden, Wharton — 3. Absent and not voting — Alexander, Anderson, Detiege, Herwig, Kelly, Lan- dry — 6. Mr. Whitney moved to adjourn until Monday, April 19. The Senate voted to adjourn. The President declared that the Senate stood adjourned to meet at 12 M., Mon- day, April 19, 1875. P. E. BECHTEL, Secretary of the Senate. LIBRARY OF CONGRESS 66 EXHIBIT F. ■■■¥HSr!BiS I 014 544 674 ' ACT No. 1. EXTRA. SESSION. Joint resolution relative to the recognition of the Kellogg government. Resolved by the General Assembly of the State of Louisiana, That said Assembly, without approving the same, will not disturb the present State government, claiming to have been elected in 1872, known as the Kellogg government, or seek to impeach the Governor for any past official acts, and that henceforth we will accord to said Governor all necessary and legitimate support in maintaining the laws and in advancing the peace and prosperity of the people of this State, and that the House of Representatives as to its members as constituted under the award of George F. Hoar, W. Wheeler, W. P. Frye, Samuel L. Marshall, Clark- son N. Potter, Charles Foster and William Walter Phelps, shall remain without change, except by resignation or death of members until a new general election, and that the Senate as herein recognized shall also remain unchanged, except so far as that body shall make changes on contest. (Signed) E. D. ESTILETTE, Speaker of the House of Representatives. (Signed) C. C. ANTOINE, Lieutenant Governor and President of the Senate. Approved April 21, 1875. (Signed) WILLIAM P. KELLOGG, Governor of the State of Louisiana. A true copy: N. Durand, Assistant Secretary of State. 7 375" LIBRARY OF CONGRESS 014 544 674 Conservation Resources Lig-Free® Type I Ph 8.5, Buffered