The Pulaski citizen. [volume] (Pulaski, Tenn.) 1866-current, 1875-01-28

have the honor to make the following an
swer TO a senate resolution Of the 9Th inst,
asking for information as to any interference
by any military officer on the 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 nquiring in regard to the existence
OF armed organizations in that section, hostile
to the government thereof and intent OF over
turning such government by force. To say
that lawlesaness, turbulence and bloolshed
have characterized the political affairs OF that
state since its organization under the recon
Htruction acts, is only to repeat what has be-
come well known az part Of its unhappy his
tory. Put it NAV be proper here to refer to
the election OF 1868, by which the republican
vote Of the state, through fraud and violence,
was reduced 10 a few thousand, and the bloody
riots OF 1866 and 1868, to show that the dis
orders there are not due to any recent csuse,
or to any late action OF the federal authorities.
Preparatory to the election OF 1872, a shame
full and undisguised conspiracy was formed to
carry that election against the republicans,
without regard TO law or right, and to that end
the most glaring frauds and forgery were com
mitted in return. after many colored citizens
had been denied registration, and others de-
tered by fear from casting their ballots, when
the time came for a final comparison of the
votes In view OF the foregoing facts. VIM. p.
Kellogg the republican candidate for gov
erDor, brought suit upon the equity side Of the
United States circuit court for Louisiana
against Warmoth and Others who bad OBJ
tanned possession OF the returns OF the cleo
ton, representing that several thousand voters
OF the state had been deprived of the elective
franchise on account OF their color, and pray
ing that steps might be taken to have their
votes counted, and for general relief To en-
able the court to inquire into the truth Of
these allegations, temporary restraining
order was issued against the defendant which
was at once wholly disregarded and treated
with contempt by those to whom it was di-
rected, These proceedings have been wide
1vf ,kal,l info
ference by the federal judiciary with the
electian 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 il Sc
cured and under the second section of that
amendment providing that congress shall have
power TO enforce its provisions by appropriate
legislation, an act was passed on the 18th OF
May, 1870, and amended in 1871 the object OF
which was to prevent the denial or abridg-
ment of suffrage to citizens on account OF
race, color, or previous condition Of servitude;
and IL has been held by all the federal judges
before whom the matter has arisen including
Judge Strong, OF the supreme court that the
protection afforded by this amendment and
these acts, extend to state as we'll other
elections; that 10 IL the duty or the federal
courts to enforce the provisions of the consti-
tuition OF the United States and the laws passed
in pursuance thereof. This Is too clear for
controversy. Section Is OF said act, after nu-
merOus provisions therein to punish an inva-
sion OF the fifteenth amendment, provides
that the jurisdiction of the crcuit courts 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 contemplated equit-
able as well as legal proceedings to prevent
the denial OF suffrage to colored citizens, and
1t may be safely asserted that il Kellogg's bill
in the above named case does not present
case for the equitable interpositon of the
court, that no such case can arise under the
act. That the courts OF the United States
EavTa
with state ections. so as to maintain political
equality and rights therein, irrespective of
race or color. Is comparatively new, and to
some seems to be a startling idea, but it re-
suits as clearly from the fifteenth amendment
OF the constitution and the acts that have
been passed to enforce that amendment as
the abrogatiou Of state laws upholdng slavery
results to the thirteenth amendment to the
constitution. While the Jurisdiction OF the
court in the case Of Kellogg vs.. Warmoth and
others Is clear to my mind, it seems that some
of the orders made by the Judge in that and
in the kindred case OF Antoine, were illegal,
but while they are 70 held and considered, il is
not to be forgotten that the mandate Of his
court had been cOntemptuously deded, and
they were made while wild scenes OF anarchy
were sweeping away all restraint OF law and
order. Doubtless, the judge OF this court
made grave mistakes, but the law allows the
chancellor great latitude, not only in punish
ing those who condemn his orders and iujunc-
tions, but in preventing the communication of
Whatever may be said or thought OF these
matters, It wEs only made known to me that
the process Of the United States court was re-
sisted, and as sail acts specially provide for
the use OF the army and navy when necessary
to force iudic al process arising Hereunder,
considered it my duty to see that such process
was executed according 90 the Judgment OF
the court. Resulting from these proceedings.
through various controversies aud oOmplica-
tens. a state administration was organized,
with VIM. =. Kellogg AZ governor. which, in
the discharge OF my duty under section 4,
article OF the constitution. have recognized
az the government OF the state. It has been
bitterly and persistently alleged that Kellogg
was not elected. Whether he was or not Is
not altogether certain, nor is il any more GER
tain that his competitor CMcEnery) was
chosen. The election was a gigantic fraud,
and there are no reliable returns of it's result.
Kellogg obtained possession Of the flee, and,
In my opinion, has more right to IL than his
competitor. On the goth OF February, 1873
the committee ON privileges and elections of
the senate made report in which they say
that they are satisfied by the testimOy that
the manipulation Of the machinery by
WarmOth and others was equivalent to twenty
thousand voters, and they add that to recog-
n2e the McEnery government would be to
recognize a government based upon fraud, in
defiance OF the wishes aud intention OF the
voters OF the state. Assuming the correct
ness OF the statements in this report-and
they seem 10 have been generally accepted by
the country-the great crime in Louisiana,
ABOUT Whtol 80 ullcn mas been done ana sad.
il that one Is holding the office of governor
who was cheated out OF 10000 votes, against
another whose title to the Office is undoubted-
ly based on fraud and in defiance OF the wishes
and intentions Of the voters OF the state.
Misinf formed and misiudging as to tho nature
and extent OF this report, the supporters OF
McEnery proceeded to dsplace by force in
some parts OF the state the appointees Of Gov
ernor Kellogg and on the 18th OF April in
an effort OF that kind, butchery of citizens
was committed at ColfaX, which, in blood
thrstiness and barbarity, is hardly surpassed
by any acts OF savage warfare. To put tho
matter beyond controversy quote from the
charge Of Judge Woods OF the United States
circuit court to the Jury in the case OF the
United States Va. CruikEhank and others, in
New Orleans, in March, 1874 He said: In
the case on trial there are many facts not in
the controversy. proceed to state some Of
thom in the presence and hearing Of counsel
on both sides. and, il 7 state as n conceded
fact any matter that is disputed, they can cor
rect me-" After stating the origin OF the diff
ficulty, which grew out OF an attempt Of white
persons to drive tho parish judge aud sheriff
appointees Of Kellogg, from office, and their
attempted protection by colored persons, which
led to some fighting, in which quite number
Of negroes were killed. the judge states that
most OF those who we're killed we're taken
prisoners. Fifteen or sixteen OF the blacks
bad lifted the boards and taken refuge under
the door Of the court house. They we're all
captured. About thirty-seven men were taken
prisoners the number Is not definitely fixed.
They werokept under guard until dalk, when
they were led out two by two and shot. Most
OF the men were shot 10 death few we're
wounded, not mortally, and by pretending 70
be dead. were afterwards during the night,
able TO make their escape. Among them was
the Levi Nelson named in the Indictment.
The dead bodies OF the negroes killed in this
affair were LEFT unburied till Tuesday, April
IS when they were buried by deputy mar
Ehal and officer oi the militia from New
Orleans. The sc person found ffty-nine dead
bodies. They showed pisto shot wounds, the
great majority in the heart, and some OF them
in the back OF tSa head. In addition to the
dead found, sone charred remains OF dead
bodies were discovered near the court house
Six dead bodies were found under warehouse
all shot in the heart hut one or two who were
shot in the breast. The only white men in
iured from the beginning OF these troubles &
their close, were Hadnot and Harris. The cour
house and its contents we're entirely consumed
There b. no evidence that any one in the crowt
Of whites bore any lawful warrant for the ar
rest Of any blacks. There IL no evidence tha
either Nash or Cozabol after the affair eve
demanded the Office TO which they had set NJ
claim. But Register continued to act a
parish Judge. These are the facts in this case
nd m ha aAu