The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1875-01-27
MESSAGE OF THE PRESIDENT ON
LOUISIANA AFFAIRS.

LOUISIANA AFFAIRS.
70 The Senate Of the United States ::
/ have the honor to make the fol-
lowing answer to a Senate resolution
Of the Sth instant, asking for infor-
nation as to any interference by any
military officer or any part of the ar
nv of the United States. with the.or
ganization or proceedings of the gen
eral assembly of the State of Louisi-
ana or either branch thereof, and al
SO iuquiring in regard to the exist
ence Of armed organizations in that
State hostile to the Government
thereof, and latent on overturnlng
such government by force. To say
that lawlesshess, turmoil, and blood
shed have characterized the political
affairs Of that State since its organi-
cation under the reconstruction act,
Is only 10 repeat what has become
well known as a 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,
vas reduced to a 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 authori-
ties. Preparatory to the election Of
1872 q shameful and undisguised con
spiracy was formed 10 carry that
election against the Republicans
without regard to law or right, and
TO that end the most glaring frauds
and fOrgeres were committed la the
returns, after many colUred citizens
had been refused registration, and
others deferred by fear from casting
their ballots
When the time came for the final
canvass Of the votes. in view of the
foregoing facts, VIM. p. Kellogg, the
Republican candidate for Governor,
brought suit upon toe equity side Of
the United Stat IS Circuit Court for
Louisiana, and against Yarmouth !
and others, who had obtained posses
sion 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 color, and praying that steps |
might be taken to have said votes
counted and for general relief
To enable the court to inquire as
to the truth Of these allegations, a
temporary restraining order was is
sued against the defendants, which |
was at once wholly disregarded and |
treated with contempt by those to
whom it was directed. These pro-
ceedings have been widely denounced /
as an unwarrantable interference by /
the Federal judiciary with election OF |
State officers, but it is to be remem-
bered that by the fifteenth amend |
meHt to the Constitution of the United |
States, the political equality of col
ored citizens is sacred, 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 pass
ed on the 3lst OF May, 1870, and |
amended in 1871, the object of which 1
was to prevent the denial or abridg- |
ment Of suffrage to citizens en- ac- !
count 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, includ- |
ing Justice Strong, Of the Supreme
Court, that the protection afforded by /
this amendment and these acts ex-
tends to State as well as other elec-
tions; that it is the duty Of the Fed
eral Courts to enforce the provisions
of The Constitution Of the United /
States and the laws passed in pursu-
ance thereof, is toe clear for contrO-
yersy. Section fifteenth of said act.
after numerous provisions therein ["
prevent an evasion Of the Fifteenth /
amendment, provides that the juris-
diciion of the Circuit Court of the 1
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 seem-
to have contemplated equitable a.
well as legal proceedings to prevent
The denial Of suffiage TO colored cir-
zeus, and il may be safely asserted |
that if Kellogg's bill in the abov,
named case did not present case f T
the equitable interpOsition of The
Court no such case can arise under
the act
Thi Courts Cf the United States
have the right to interfere in various
ways with the State elections so a.
to maintain political equality and
rights therein, irrespective of race o.
color, is comparatively, and to som,
seems to be, startling idea. but j, /
results as clearly from the Fifteenth /
Amendment 10 the Constitution and
the acts that have been passed to en-
force that amendment as the abroea-
tiUb of State laws upholdiag slavery
results from the Thirteegth amend
ment to the Constitution. While the
Jurisdiction of the Court in the case
of Kellogg vs.. Yarmouth and 9TH
ers is clear to my mind, it seems that
some Of the orders made by the Judge
in that and the kindred case of An
tome were Illegal, but while they are
so held and considered, it is not to be
forgotten that the mandate of his
court had been contcmptuOuslY de-
fed, and they were made while wild
scenes Of anarchy were sweeping all
restraint Of law and order. Doubt
less the judge'of this Court made a
grave mistake, but the law allows
the Chancellor great latitude, not on
ly in punishing those who contemn 1
bis orders and injunclions, but in 1
preventing the consummation of the
wrong which be has judicially for
hidden Whatever may be said or
thought Of those matters, it was only
made known 10 me that process Of
the United States Court was resist
ed, and as said act specially provides
for the use of the army and navy, /
when necessary, to enforce judicial
process arising Hereunder, ! consid-
cred it my duty to see that such pro-
cess was executed according to the