The state election of Louisiana in 1872 had resulted in a disputed return for governor and legislature. One set of returns showed a majority for John McEnery, the conservative candidate. Another set showed a majority for William P. Kellogg, Republican. The sitting governor, Warmoth, controlled the returning board and he favored McEnery. A former returning board headed by one Lynch had been dissolved by an act of the legislature. To this defunct board the supporters of Kellogg appealed. The Lynch Board, without any actual returns before them, declared Kellogg elected. They then procured an order from Judge Durell, of the United States Circuit Court at New Orleans, to the United States Marshal, Packard, who had a small military force at his command, to seize the State House. This was done and the act was approved by President Grant. An appeal to him from the better class of citizens of New Orleans was rejected. The excitement in Congress growing out of this usurpation was intense, even among Republicans. The Senate Committee on Privileges and Elections was ordered to make an investigation, which it did, and it reported, through Senator Carpenter on the 20th of February, that the action of Judge Durell was illegal and that all steps taken in pursuance of it were void. It recommended a new election and reported a bill for holding it; but Senator Morton, who made a minority report, prevented it from coming to a vote. Trumbull, who was also a member of the committee, made a report more drastic than that of Carpenter and supported his own view by a speech delivered on the 15th of February.
Here you have [he said] an order sent from the city of Washington on the 3d day of December, which was before Judge Durell issued his order to seize the State House and organize a legislature, and directing that nobody should take part in the organization except such persons as were returned as members by what was known as the Lynch Board, a board which the committee, in their report drawn by the Senator from Wisconsin, say had been abolished by an act of the legislature, and had not a single official return before it. It undertook to canvass returns without having any returns to canvass. On forged affidavits, hearsay, and newspaper reports and verbal statements, the Lynch Returning Board, consisting of four men, without legal existence as a returning board, got together and without one official return, or other legitimate evidence before them, undertook to say who should constitute the Legislature of Louisiana.[130]
This was Trumbull's last speech in the Senate and was one of his best, but other influences prevailed with Grant.[131]
Thus Kellogg and his crew became the masters of Louisiana, and four years later became the deciding factor in the Hayes-Tilden presidential contest.
FOOTNOTES:
[128] This fact was given to me by General Dodge, in writing.
[129] John Bigelow's Diary, under date Nov. 28, 1872, contains the following entry: