The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1872-11-30

MONROE, La, NOVEMbEh So' Ao|S'
q. ". HGeoRANIH. Editor.
FHB CONTEST FOR GOVERNOR BE-
FORE JUDGE DURELL.
II any citizen was denied tho exer-
clse Of any Of the rights guaranteed by
theXVth Amendment, at the late cleo
ton, there can be no question of the
power and duty of the Federal Courts
to afford the proper redress, "whenever
any person shall have been defeated or
deprived Of his election to any Office,
except elector, representative or dele
gate In Congress, or member of a State
legislature" by reason Of such denial,
and thereupon makes complaint before
the District or Circuit Court of the Uni
ted States, and establishes his coln-
plant.
The XVIII Amendment provides
that-stThe right of citizens Of the Uni
ted States to vote shall not be denied or
abridged by the United States, or by
any State on account of race, color or
previous condition of servitude," and
confers upon Congress the power to en-
force this provision by appropriate leg
islation.
In pursuance to this authority Con-
gress passed the Enforcement Act, the
main purpose Of which Act was to en-
force the right of citizens of the United
State to vote in the several States. We
copy the 28rd Section of the Act:
SEC. %. Aud be it further enacted.
Ihat whenever any person shall have
been defeated or deprived of his cleo
tlon to any Office, except elector for
PRESIDENT or Vice President, represen-
tatlve or delegate in Congress, or men,
Der OF State legislature, by reason of
the denial to any citizen or citizens who
shall offer to vote, of the right to vote.
on account Of race, color or previous
condition of servitude, his right to hold
or enjoy such Office, and the emolu-
nents thereof, shall not be impaired
py such denial and such person may
orlng any appropriate suit or proceed
ing TO recover possession of such Office.
aud In causes where it shall appear that
the sole question touching the title to
such office arises out Of tho denial of the
right to vote 20 citizens who 50 offered
TO vote on account of race, color or pre-
Vious condition Of servitude, such suit
or proceeding may be instituted in the
circuit or District court Of the United
states OF the circuit or district In which
said person resides. And said circuit
or district court shall have, concurrent
~ with tho State courts, jurisdiction
tae.eo1 so iar as to determine tho rights
OF tho parties to such office by reason of
the denial Of tho right guaranteed by
thc hneenth article Of amendment to
the constitution Of tho United States,
and secured by this act.
This is the Section under which, SEN
ator Kellogg brings his. suit for tho
Office of Governor.
1t Will be seen that tho issue of this
contest is contingent upon tho fact.
whether or not my citizens were denied
the right to vote on tho 4th of Novcn-
Der, on account OF race, color or previous
condition Of servitude; and, if SO, was
the number deprived Of that right suf
nclentIy largo to overcome the majority
pollel against Senator kellogg,
Ar. Beckwith may argue for weeks
to prove that tho Circuit Court ought
70 entertain this contest, and that the
Federal government ought to interfere
TO prevent what he calls tho indecent
scramble for Office, but unless tho fncts
show that tho right of suffrage was de-
MED to the negroes, because they were
negroes, or had been slaves, tho case
anon which ho ord tho C~,,t..,,.
ring have labored SO zcalously must
foil to tho ground. And in order that
Senator Kellogg may obtain Judgment
giving him tho Office of Governor, the
facts must further show that enough
such negroes, who would have voted
Tor him, wore excluded from suffrage,
to overcome the majority given to Col.
NcEnery. This will impose upon Sen
ator Kellogg the task of securing in
conference.-the proof of such exclusion
tn not less than six Thousand instances