New-York tribune., 1875-01-14
PRICE FOUR CENTS.

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 account of their color, and praying that
steps might be taken to have said votes counted,
and for general relief. To enable the court to In
qure as to the truth of these allegations, tenn
porary restraining order issued against
the defendants, which was at once wholly
disregarded and treated with eontemps by
those to whom 10 was directed. These proceed
ings have been widely denounced as an nDwarrant-
able interference by the Federal Judiciary with the
election Of State officers but it is to be remembered
that by the Fifteenth Amendment TO the Constitu-
tiOn OF the United States the political equality OF
coiored citizens IL secured, and under the second
section of that amendment providing that Congress
shall have power to enforce its provisions by appro
pirate legislation. an act passed the 3lst OF
May, 1S70 and amended in 1871, the object of which
was TO prevent the denial abrdgement of suffrage
to citizens on account Of race, color, or previous
condition of servitude; and it has been
held by all the Federal judges before
whom the question has arisen, including Justice
Strong of the Supreme Court, that the protection
afforded by this amendment and these acts extends
to State as well as to other elections. That il is tho
duty of the Federal TO enforce the provisions
Of the Constitution of the United States and tho
laws passed in pursuance thereof IL too clear for
controversy.
Section IS Of said act after numerous provisions
therein to prevent an evasion OF the ftfteenth
Amendment, provides that the jurisdiction OF the
United States shall extend to all cases IN law or
equity arising under the provisions of said act and
of the act amendatory thereof. Congress seems to
have contemplated equitable as well az legal pro-
ceedings prevent the denial OF suffrage to colored
citizens and may be safely asserted that If Keoegs
l.; tb nh al A a
for the equitable interpositlon of the court, thai
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 so ~
to maintain political equality and rights therein.
irrespective Of color, Is comparatively new
and to some seems 10 be a startling idea, but IL
results as clearly from the Fifteenth Amendment
to the Constitution and the acts that have been
passed to enforce that amendment. as the abrogl-
ton of State laws uphoding Slavery results from
the Thirteenth Amendment to the Constitution.
While the jurisdiction of the Court in the case OF
Kellogg VS.. WarmOth and others is clear to nv
mind il seems that some of the orders made by the
Judge in that and the kindred case of Antoine are
illegal. But, while they so held and considered,
it.is not to be forgotten that the mandate of this
Court had been contemptuously defed, and they
were made while wild scenes of anarchy were sweep
| ing away all restraint of law and order. Doubt
| less the Judge of this Court made grave
mistakes the law allows the Chancellor great au-
ude not only puuishing those who contemn his Or
ders and Djunctions but in preventing the consumma-
ton of the wrong which he has udicialy forbidden.
Whatever may be said thought of those matters 10
was only made known to me that the process OF the
United States Court resisted, and as said aei
specially provides for the use OF the army and nayj
when necessary to u cai arising there
under considered duty to see that such process
executed according to the Judgment ~ the Court
Resulting from these proceedings through various con-
troyersies and complications a state Administration
| was organized, William p Kellogg Governor,
which, the discharge or my duty under Section 4,
Article w of the Constitution have recognized the
OF the State II has been bitterly and per
ssenty alleged that Kellogg not elected whether
he was or not is altogether certain, is IL any
certain that his competitor McElery chosen.
The election gigantic fraud and there ae no re-
liable returns Of its Kellogg obtained posses
of the Office and iu my opinion, has right ~
1t than his competitor.
on the 2Oh OF February, 1873 the Committee on Pry-
iieges and Elections OF the senate made report, In
which they say they satisfied by testimony that
the manipulation of the election machinery by War
moth and Others. equivalent to $4,000 votes aud
they add that 10 recognize the McEnery Government
would he recognizing Government based upon fraud
in defiance Of the wishes and intention OF the voters or
the state Assuming the OF the statements
in this report and they to have been generally ac-
eeptcd by the country, the great crime IN
Louisiana, about which much has been
SAID, is, that one is holding the ONCE
OF Governor who was cheated out OF 10000 votes,
against one whose title Ia the office IL undoubtedly
based on fraud and defiance Of the wishes ard inen
tions of the voters of Msinf0rmed aud mis-
Judging as 20 the nature extent Of this report the
supporters Of McElery proceeded 10 dspace By force
IN some counties Of the State the appontees OF Gov
Kellogg; and on the 18Th Of April IN effort OF that
kind, butchery OF citizens was committed at Colfsx
which IN boodthirsness and barbarity, IL hardly eur
passed by any acts OF savage warfare. To put ths
beyond controversy quote from the charge or
Judge Woods OF Uu ed States Circuit Court TO the
jury IN the of the United states against Crnk-
shank and Others, at NewOrleans, IN March, 1873.
He said In the trial there many facts nOt
in controversy. l proceed to state OF them IN
presence and heating OF counsel both sides aud
state as a conceded fact any matter that is dlspated
they can correct me-" After stating the origin Of the
difficulty, which grew out OF attempt OF waito per-
drive the Parish Judge and Sheriff. appontees OF
Kellogg Office and their attempted protection by
colored persons, which led TO some lighting. 10 which
number Of negroes killed, the Judge says: Most
OF those who we're not killed taken prisoners
Fifteen or sixteen OF blacks had lifted the boarsand
taken refuge under The 1oor ot the Courthouse they
were all captured About 81 taken prisoners.
The number not defnitoiy fixed They were kept un-
der guard until dark They were led out two by two
and shot Most of the men were shot dead few were
wounded not MORALLY, and by pretending 10 be dead
we're afterwar during the night abe TO make ther es
cape. Among them the Levi Nelson named in the
Indictment The dead bodies Of the negroes killed In
this affair were left unbured until Tuesday,
April u.s. when they were buried by deputy
marshal and an officer of militia from New
Orleans These persons found 50 dead bodies.
They showed plstol-shot wounds, the sreas
majority In the head and Of In the back sf
the head In addition TO the 50 dead bodies found some