The Richmond palladium., 1875-01-20

THE PRESIDENTS MESS AGE
On the Subject Of Louisiana Amair~.
and Ceeeerning the Use Of the Army
IN New Orleans.
To the senate of the United states:
have the honor to make the fol.
lowing answer to a Senate resolution
of the Sth inst, asking fer informa-
tion rs to any interference by any mill
tary officers, or any part of the army
of the United States, with the organi-
cation or proceedings of the General
Assembly of the State of Louisiana,
or either branch thereof, and also in
quiring in regard to the existence of
al armed organization in that section
hostile to the government thereof and
intent on overturning such govern
ment by force:
To say that lawlessness, turbulence
and bloodshed have characterized the
political affairs of that State since its
organization under the reconstruction
acts, is only to repeat what has be-
come we'll known as part of its unhap-
py history; but it may be proper here
to refer 10 the election ef 1868, by
which the Republican vote of the
State, through fraud and violence,
was reduced to a few thousands. aud
to 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 authorities,
preparatory to the election of 1872.
A shameful and undisauised con-
spiracy was formed to carry that cleo
ton against the Republicans without
regard to law or right, and to that end
the most glaring frauds and forgery
were committed After many colored
citizens had been denied registration
and others been deferred by fear from
casting 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 Circuit Court for
Louisiana, and against Warmoth and
others who had obtained possession
of the returns of the election, repre-
senting 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 votes counted, and
for general relief To enable the
court to inquire as TO the truth of
these allegations, a temporary restrain
ing order was issued against the de-
PENDANTS which was also wholly disro-
garded and treated with contempt by
those to whom it was directed. These
proceedings have been widely de-
nounced as au unwarranted Interfer-
ence 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 pass
ed on the 3lst of May, 1870, and
amended in 1871, the object of which
was to prevent the denial of abridg-
ment of suffrage to citizens on account
of color or previous condition of SER
vitude, and it has been held by all the
Fedaral judges before whom the ques-
ton has arisen. including Justice
Strong, Of the Supreme Court, that
the protection afforded by the amend
ment, aud these acts, extends to State
as we'll as to other elections.
That it is the duty of the Federal
courts to enforce the provisions of the
Constitution of the United States and
the laws passed in pursuance thereof,
is too clear for controversy. Section
fifteen of the said act, after numerous
therein to prevent an eva
sion of the fifteenth amendment, pro-
vides that the Jurisdiction of the Cir
cult Court of the United States shall
70 oil lax ~
arising under the provisions of said
act and of the act amenatory thereof.
Congress seems to have contempla.
ted equitable as we'll as legal proceed
ings to prevent the denial of suffrage
to colored citizens, and it may be safe
ly asserted that if kellogg's request
present a case for the equitable inter-
case can arise under the act. That
the courts of the United States have
the right to interfere In various ways
with the State elections SO as to main
tain political equality and rights there
in. irrespective of race or color, is
comparatively new, and to some
seems to be startling idea. but it
results as clearly from the fifteenth
amendment to the constitution and
the acts that have been passed to en-
force the amendment, as the abroga-
ton of State laws upholding slavery
results from the thirteenth amend
ment to the constitution. While the
Jurisdiction of the court in the case of
VS.. Warmoth and others is
clear to my mind, it seems that some
Of the orders made by the Judge in
that and the kindred case of Antoine |
we're illegal; but while they are so
held and considered, it is not to be |
forgotten that the mandates of his
court had been contemptuously de6ed,
and they were made while wild scenes
Of anarchy were sweeping away all re-
straints of law and order Doubtless |
The Judge of this court made grave |
but the law allows the |
Chancellor great latitude, not only in |
furnishing those who condemn his |
orders and instructions. but prevent !
ing the consummation of the wrong |
which he has judiciously forbidden. |
Whatever may be said or thought of |
.hese matters. it was only made known |
20 me that the process of the United /
States Court was resisted. and as said |
lets specially provide for the use of 1
he army and navy when necessary to
enforce judicial process arising there
1nder, 1 considered it my duty to see
Iueh process executed according to
he courts. Resulting from these
through various contro-
,ersies and complications, State ad-
was organized, with Wm.
P. Kellogg as Governor. which, in
he discharge OF my duty, under Sec
ion 4, article of the constitution, /