The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1875-01-22
Presidents Message,

Pfesi delnatt!s Message,
z 49, 80 I Il, - ....., f<ga x.,s:y%
In Rosponss 20 tho enase Inquiry.
=: i On Louisiana Affairs. -. :
To tile Senate Of the United States: Z Il
Il have the honor TO make the follow:
ing answer to Senate resolution of
the 9Th inst. asking for amy informa'
ton 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 aad ! in 7l4 op o'Y'erturnips suctr
To say that the lawless political at.
fairs Of that State since its organization
has become well known is part Of its
. fnnhappy history, but itlmaJ; be proper
here to refer to tho election
Of 1858, 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 tho Federal authorities.
Preparatory to the election Of 1872
q shameful and undisguised conspiracy
was formed to carry that election
against the Republicans without regard
70 law and right, and to that end the
most glazing 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 possesllon 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. 10
enable the court to inquire as to the
truth ofSthese allegations, a temporary
restraining order was issued against
the defendants, which was at once
wholly disrsgarded and treated with
contempt by those to whom it was di.
rected. The proceedings have been wide
ly denounced as an unwarrantable inter.
ference by the Federal judiciary with
the election Of State officers, but it is
to be remembered 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
on the 3lst Of May, 1870, and
amended in 1871, the object Of
which was to prevent the denial Or
abridgment Of suffrage Of citizens on
account of race, color OF 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 tho 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 tho
United States shall extend to oil cases
in law or equity arising under the pro-
visions Of said act, and
Of the act amendatory,
therefore Congress seems to have con.
templated equitable as well as legal
proceeding to prevent tho 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, so as to
maintain political equality and rights
therein, irrespective of race or color, is
comparatively new and to some seems
to be q 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 unfolding slavery results from the
10Th amendment to the constitution.
While the jurisdiction of the court in
the case of Kellogg vs. Yarmouth snd
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
md considered it is not to be forgotten
that the mandate of bis court had been
contemptuously deffed, 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 ellor great latitude, not
only in furnishing those who contemn
his orders and injunctions, but per.
verting the censummation Of wrong
which he has judicially forbidden.
p. 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 IS said
acts specially provide for the use of tho
army and navy when necessary to
force judicial process arising thereund-
er, ! considered it nv duty to see