The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-01-14
THE PRESIDENTS MESSAGE.
WASHINGTON, Jan. 13, 1875
To the Senate Of the United States:

To the Senate of the United States:
I have the honor to make the following
answer to Senate resolution of the Sth inst,
| asking for information as to any interference
by any military officer, or any part of the
army of the United States, with the orgsniza.
ton or proceedings of the General Assembly
of the State Of Louisiana, or either branch
thereof; and also inquiring in regard to the
existence of armed organizations in that State
hostile to the Government thereof, and intent
on overturning such Government by force.
To say that lawlessness, violence and blood
shed have characterized the political affairs of
that State since its reorganization 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 Republican
vote OF the State, through fraud and violence
was reduced to a few thousand, and the
bloody riot 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 nndisguised conspiracy was
formed to carry that election against the Re-
publicans, without regard to law or right,
and to that end, the most glaring frauds and
forgeries were committed in the returns after
many colored citizens had been denied regis
tration, and others deferred by fear from cast
ing their ballots.
When the time came for a 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 Louisi-
ana, and 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 election franchise on
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
inquire into the truth Of these allegations. A
temporary restraining order was issued
against the defendants, which was at once
wholly disregarded and treated with con-
tempt by those to whom it was directed.
These proceedings have been widely de-
nounced as an unwarrantable interference by
the Federal Judiciary with the election Of
State officers; but it is 10 be remembered that
by the Fifteenth Amendment to the Constitu-
ion of the United States, the political equality |
IF colored citizens is secured, and under the |
second section of that amendment providing |
hat Congress shall have power to |
legislation, an act was passed on the |
list of May, 1870, and amended in 1871, |
he object of which was to prevent the denial
VI abridgement of suffrage to citizens on ac-
count of race, color or previous condition of |
ervitude, and it has been held BY al! the |
federal Judges before whom the question has
risen, including Justice Strong, of the Su-
'reme Court, that the protection afforded by
his amendment, and these acts, extend to
State as we'll as other elections.
That 1t is the duty of the Federal courts to
nforce the provisions of the Constitution of
he United States and the laws passed in pur-
uance thereof is too clear for controversy.
Section Is of said act after numerous pro-
isions therein to prevent an evasion of the
fifteenth Amendment, provides that the ju-
isdiction Of the Circuit Court of the United
tates, shall extend to all cases in law or
putty arising under the provision of said act
thereof
Congress seems to have contemplated
luitable as well Is legal proceedings to pre-
emit the denial Of suffrage to colored citizens,
nd it may be safely asserted that if Kellogg's
i'll in the above-named case, did not present
case for the equitable interposition of the
,urt that no such case can arrive under the
It.
That the Courts of the United States have
le night to interfere in various ways with
late elections, SO as to maintain political
quality and the rights therein, irrespective of
zee or color, is comparatively Q new and, to
me, seems to be . startling idea, but it re-
Its as clearly from the Fifteenth amendment
the Constitution and the acts that have {
zen passed to enforce that amendmenta as the
'rogation of State laws upholding slavery re-
Its from the Thirteenth amendment to the $
constitution. t
While the jurisdiction of the court in the t
lse of Kellogg VS.. Warmoth and others, is
ear to my mind, it seems that some of the t
'ders made by the Judge on that and the v
ndred case of Antoine were illegal; but I
lille they are SO held and considered, it is not
be forgotten that the mandate of his court q
d been contemptuously deied, and they Il