The anti-monopolist. [volume] (Saint Paul, Minn.) 1874-1878, 1875-01-21
Presidents Message,
In Response to the enate Inquiry
ON Louisiana Affairs.

To the Senate of the United States:
| have the honor to make the follow
ing answer to Senate resolution of
the 9Th inst. asking for amy informa-
tion as to any interference by any mill
tary officer or part OF the army of the
United States with the organization of
proceedings of the General Assembly Of
the State of Louisiana or either branch
thereof, and also inquiring in regard to
the existence of an armed organization
in that State hostile to the government
thereof and intent on overturning such
government by force.
TO say that the lawless political at
fairs Of that State since its organization
has become well known is part OF its
unhappy history, but it may be proper
here to refer to the election
of 1868, by which = the Repuh-
lican vote of the State
through fraud and violence, was re-
duced to few thousand and to the
bloody riots of 1868, any
recent causes or to any late action
of the Federal authorities.
Preparatory to the election OF 1872
a shameful and undsguised conspiracy
was formed to carry that election
against the Republicans without regard
to law and right, and to that end the.
most glaring frauds and forgeries were
committed in the returns, after
many colored citizens had been
denied registration and others deferred
by fear from casting their ballots.
When the time came for final canvass
Of the votes, in view of the foregoing
facts, VIM. P. Kellogg, the Republican
candidate for Governor, brought suit
upon the equity side Of the United
States circuit court for Louisiana, and
against Yarmouth and others, who had
obtained possession of the returns Of
election, representing that several
thousand voters of the State had
been deprived of the elective franchise
on account of their color, and praying
that steps might be taken to have their
vote counted and for general relief. To
enable the court to inquire as to the
truth Of these allegations, a temporary
restraining order was issued against
the defendants, which was at once
wholly disregarded and treated with
contempt by those to whom 1t was di-
rectcd. The proceedings have been wide
ly denounced as an unwarrantable inter-
ference by the Federal judiciary with
the election oil State officers, but it is
to be rememb ered that by the fifteenth
amendment 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 enforce its provisions by ap-
propriate legislation, an act was passed
ton the 3lst of May, 1870, and
amended in 1871, the object Of
which was to prevent the denial or
abridgment Of suffrage of citzens 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 these amend
ments and these acts, extend to State
as well as other elections. That it
Is the duty Of federal courts
to enforce the provisions of the consti-
tuition Of the United States and the
laws passed in pursuance thereof, is too
clear for controversy. Section Is of
said act, after numerous propositions
therein, to prevent an invasion Of the
18th amendment, provides that the
jurisdiction of the circuit court of the
United States shall extend to all cases
in loxu
visions Of said act, and
of the act amendatory,
therefore Congress seems to have con.
templated equitable as we'll as legal
proceeding to prevent the denial of suf
frage to colored citizens. and 1t may be
safely asserted that if kellogg's 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 right to interfere in various
WAYS with State elections. 50 as to
maintain political equality and rights
therein. irrespective Of race or colon. is
comparatively new and to some seems
to be a startling idea, but it results as
clearly from the fifteenth amendment
OF the Constitution and the acts that
have been passed to enforce that
amendment, as the abrogation of State
laws upholding slavery results from the
18th amendment to the constitution
While the jurisdiction of the court in
the case of Kellogg vs. Yarmouth end
Others Is clear to 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 are so held
and considered it is not to be forgotten
shat the mandate of bis court had been
contemptuouSly detied. and that they
were made while wild scenes of anar.
-chy were sweeping away all restraint
of law and order.
Doubtless the Judge Of this Court
made grave mistakes, but the law al
lows the Chanc,llor great latitude. not
only in Furnishing those who con,emn
his orders and injunotions. but per.
verting the contamination of wrong
which he has judicially forbidden.
Whatever may be said or thought of
these matters it was only made known
to me that the process Of the United
States Court was resisted, and "a said
acts specially provide for the use of the
army and navy when necessary to