rposes."
Finding that resistance was made to judicial process in that suit,
without any opportunity, and, in my judgment, without any right, to
review the judgment of the court upon the jurisdictional or other
questions arising in the case, I directed the United States marshal to
enforce such process and to use, if necessary, troops for that purpose,
in accordance with the thirteenth section of said act, which provides
that "it shall be lawful for the President of the United States to
employ such part of the land or naval forces of the United States or of
the militia as shall be necessary to aid in the execution of judicial
process under this act."
Two bodies of persons claimed to be the returning board for the State,
and the circuit court in that case decided that the one to which Lynch
belonged, usually designated by his name, was the lawful returning
board; and this decision has been repeatedly affirmed by the district
and supreme courts of the State. Having no opportunity or power to
canvass the votes, and the exigencies of the case demanding an immediate
decision, I conceived it to be my duty to recognize those persons as
elected who received and held their credentials to office from what then
appeared to me to be, and has since been decided by the supreme court
of the State to be, the legal returning board.
Conformably to the decisions of this board, a full set of State officers
has been installed and a legislative assembly organized, constituting,
if not a _de jure_, at least a _de facto_ government, which, since
some time in December last, has had possession of the offices and been
exercising the usual powers of government; but opposed to this has been
another government claiming to control the affairs of the State, and
which has to some extent been _pro forma_ organized.
Recent investigation into said election has developed so many frauds
and forgeries as to make it doubtful what candidates received a majority
of the votes actually cast, and in view of these facts a variety of
action has been proposed. I have no specific recommendation to make
upon the subject, but if there is any practicable way of removing these
difficulties by legislation, then I earnestly request that such action
may be taken at the present session of Congress.
It seems advisable that I should state now what course I shall feel
bound to pursue in reference to the matter in the event of no action by
Congress at this time. Subject t
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