The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1875-01-21
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The LOUISIANA QUESTION.
THE PRESIDENTS MESSAGE.

np lB tne lull IeAb vi Jne L IIeoluehV hoo
sage on the Louisiana troubles, which
was sent to- the Senate to-day;
To tie Senate of the United States
have the honor to make the follow
ing answer to the Senate resolutions OF
The 9Th inst, asking for information as to
any Interference by any military officer
Of any part of the army Of the United
States with the organization or proceed
inQs of the General Assembly Of the State
Of Louisiana, or either branch thereof
and a.lso inquiring in regard to the exist
enceJ of armed organization in that State,
hostile to the government thereof, and
intent on overthrowing such government
BY force.
To say that lawless men, turbulence
and bloodshed have characterized the
political affairs of that State since its or
ganization under the reconstruction acts,
Is only to repeat what has become well
known as part of its unhappy history,
but it may be proper here to refer to the
election of 1868, by which the Republi,,
can vote of the Stae, through fraud and
violence, was reduced to few thousands,
and the bloody riots of 1866 and 1868, to
show that the disorders there are not
due TO any recent causes, or to any late
action of the Federal authorities.
Preparatory to the election of 1872, a
shameful and undisguised conspiracy
was formed to carry that election against
the Republicans, without regard to law
or right, and to that end the most glarlng
frauds and forgeries were committed IN
the returns, after many Colored citizens
had been denied registration and others
deferred by fear from casting their bal,
lots. When the time came for a final
canvass of the votes, in view of the fore
going facts, William p. Kellogg, the Re-
publican candidate 70 Governor, brought
suit upon the equity side of the United
States Circuit Court for Louisiana, against
Warmoth and others, who had obtained
possession of the returns of the election,
representing that several thousand voters
of the State had been deprived OF the
elective franchise on account of their col
or, and praying that steps might be ta-
ken to have their votes counted, and for
general relief. To enable the Court to
INQUIRE as to the truth of these allega-
tions, a temporary restraining order was
issued against the defendant, which was
at once wholly disregarded and treated
with contempt by those to whom it was
directed.
These proceedings have been widely
denounced as sunwarrantable interference
by the Federal judiCia. y with the cleo
ton of State officers, but it is to be re-
membered that by the Fifteenth amend
ment to the Constitution of the United
states, the political equality of colored
citizens is secured, and under the second
section of that amendment, providing
that Congress shall have power to en-
force its provisions by appropriate legis-
lation, an act was passed on the 3lst OF
May, 1870, and amended in 1871, the OBJ
ject of which was to prevent the denial
or abridgment of suffrage, to the citizens.
on account of race, color, or previous con-
dition of servitude, and it has been held
by all the Federal judges, before whom
the question has arisen, including JUS
tice Strong, of the Supreme Court, that
the protection afforded by this amend
ment and these acts extend to State as
well as to other elections.
That tbs the duty Ofthe Federal Courts
to enforce the provisions of the Constitl-
ton of the United States and the laws
passed in pursuance thereof, is too clear
for controversy. Section fifteen of said
act, after numerous provisions therein to
prevent an evasion of the Fifteenth
amendment, provides that the jurisdic-
ton of the Circuit Court of the United
States shall extend to all cases in law or
equity arising under the provisions #
said act and of the act in amendment
thereof Congress seems to have con-
templated equitable, as well as legal pro-
ceedings, to prevent the denial of suf-
frage to colored citizens, and it m y be
safely asserted that if KelIOggs bill, in
the above named case does not present
case for the equitable interposition of the
Court that no such case can arise under
the act. That the courts of the United
States have the ;ight to interfere in va
rious ways with State elections so as to
maintain political equality and rights
therein, irrespective of race or color, is
comparatively new and to some seems
to be a startling idea, but it results as
clearly from the Fifteenth amendment to
the Constitution and the acts that have
been passed to enforce that amendment,
as the abrogation of State laws uphold
ing slavery results from the Thirteenth
amendment to the Constitution The
jurisdiction of the court in the case of
Kellogg versus Warmoth and others, is
clear. To my mind, it seems that some
of the orders made by the Judge in that
and the kindred case of Antoine, were
illegal; but while they sre so held and
considered, it is not to be forgotten that
the mandate of the Court had been con-
temptuously defed, and they were made
while wild scenes of anarchy we're sweep
ing away all restraint of law and order.
Doubtless the Judge of this Court made
grave mistakes, but the law allows the
Chancellor great latitude, not only in
furnishing those who condemn hts orders
and injuCtions, but in preventing the con-
sumation ofthe wrong which he has ju-
ulCldlly IOTDluubu' w LbVtNcT may Do
said or thought of these matters, it was
only made known to me that the process
of the United States Court was resisted,
and as said acts specially provide for the
use of the army and navy when neCessa-
ry to enforce judicial process arisen there
under, considered it my duty to see
that such process was executed according
to the Judgment of the court.
Resulting from these proceedings,
through various controversies and COM
plications, State administration was or
ganized, with William ?. Kellogg as Gov
ernor, which, in the discharge of my duty
under section four, article four of the
Constitution, have recognized as the
government of the State. 1t has been
bitterly and persistently alleged that
Kellogg was not elected. Whether he
was or not is not altogether certain, nor
any more certain that his competitor,
McEnery, was chosen. The election was
a gigantic fraud, and there are no relia-
BILE returns of its result Kellogg obtain
ed possession of the office, and in my
opinion has more right to itthan his com
petitor. On the Goth of February, 1873,