The Fremont weekly journal. [volume] (Fremont, Sandusky County, Ohio) 1867-1877, 1875-01-22
THE MESSAGE
President Grant on the Louis
lana Rebellion.
An Able Review Of the Constitution
ality Of His Action.
MAsnrNnroN. January 1a.


read before both houses of Congress yes
tsrday
1 have the honor to make the follow
ing answer to Senate resolution of the
Sth instant, asking for information
as to any interference by any military
officer or any part of the army of the
United States with the organization 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 overwhelming
such government by force. To say that
lawless men, turbulence and bloodshed
have characterized the political affairs of
that State since its organization under
the reconstruction acts is only to repeat
what has become well known rs 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 few thousands, and the
bloody riots of 1866 and 1868, to show
that the disorder there are not due to
any recent causes or to any late action
of the Federal authorities. Prepara-
tory to the election of 1872 a shameful
and undisguised conspiracy was formed
TO carry that election against the Repub-
icans without regard to law or right,
and to that end the most glaring frauds
and forgery were committed in the re-
turns, after many colored citizens had
been denied registration and others de-
tered by fear from casting their ballots
when the time came for u final canvass
of the votes. In view of the foregoing
facts William B. Kellogg, the Republi-
can candidate for Governor, brought
suit upon the the equity side of the
United States Circuit Court for Louisi-
ana 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 elective franchise on ac-
count of their color, and praying that
steps might be taken to have their votes
counted, and for general relief. To en-
able the court to inquire as to the truth
of these allegations temporary re-
straining order was issued against the
defendant, which was at once wholly
disregarded and treated with contempt
by those to whom it was directed.
These proceedings have been widely de-
nounced as an unwarrantable interfere
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
the colored citizens is secured, and un-
der the second action of that amend
ment, providing that Congress shall
have power to enforce its provisions by
appropriate legislation, an act was
passed on the 31st of May, 1870, and
amended in 1871, the object of which
was to prevent the denial or abridge-
ment of suffrage to the citizens ON ac-
count of race, color or previous condi-
ton of servitalde, 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 this amend
ment and these acts extend to State as
well 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 con-
troversy. Section Fifteenth Of said act,
after numerous provisions therein to
prevent an evasion of the Fifteenth
Amendment, provides that the jurisdic-
tion of the Circuit Court 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 con-
templated an equitable as well as legal
proceeding to prevent the denial of
suffrage to eolored citizens, and it may
be safely asserted that if Kellogg's bill
ia the above named case does not pre-
sent case for the equitable interposi-
ton of the court, that no such case can
arise under the act. That the courts of
the United States have the right to in
teTfere in various ways with State cleo
lions, SO as to maintain political equality
rights therein, irrespective of color or
race, is comparatively new, and to
some it seems SO be q startling idea but
II results as clearly from the Fifteenth
Amendment of the Constitution and the
acts that have been passed to enforce
that smendment, as the abrogation of
State Laws upholding slavery results
from the thirteenth amendment to the
Constitution While the jurisdiction of
the court in the case Of Kellogg VS..
Warmotb and others is clear to my
mind, it seems that some of the orders
made by the judge in that and the kind
red case of Antoine were illegal, but