The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1875-01-14

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view Of the, foregoing facts, VIM; p
Kellogg, the Republican toandidate fof
Governor. brought suit upon tho
equity aide: of i the United States CIR.
Quit Court for Louisiana and against
Yarmouth and others. who had oh.
tanned possession of the returns oi
the election, representing that seve.
raj 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, aud for
general relief. To enable the Court to
inquire as to the truth Of those ulIega.
tions, q temporary restraining order
was issued 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
az an unwarrantable interference by
the Federal Judiciary with the cleo
ton OF State officers; but it is to be
remembered that by the fifteenth
amendment to the Constitution of the
United States, tho politicui equality of
colored citizens is secured, and under
the second section OF that am epdment.
providing that Congress shall have
power to enforce it's 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 abridg.
ment OF suffrage to citizens on account
OF race, color Or previous condition of
serVltude; and it has been held by all
tho Federal Judges. before whom the
question has arisen, including Justice
Strong. of the Supreme Court, that
the protection afforded by this amend
ment and those Acts extends to State
al we'll as other rela' ions; that it is tue
duty of the Federal Courts to enforce
the provisions Of the Constitution of
the United States and the laws passed
In pursuance thereof, il too clear for
controversy. Section 10 of sud
Act, after numerous provisions
therein. to prevent an evasion Of the
fifteenth amendment, provides that
tho Jurisdiction of the Circuit Court OF
the United States shall extend to all
cases in law or equity arising under
tue provisions Of said Act, and of tho
ACT amendatory thereof. Congress
seems 20 hnve contemplated equitable
AZ we'll as legal proceedings to prevent
sthe denial Of suffrage 10 cuiored citi.
zens. and it may be safely asserted that
if Kellogg's bill. in tue above named
case. did not present u cause for the
equitable interposition OF the Court,
that no case can arise under the Act
That the Courts of the United States
Aavo the right to interfere in various
ways with State elections, 80 as to
maintain political tqnity aud rights
therein, irrespective of race or color,
ia comparatively new and to some
seems to be startling idea; but it re.
suits as clearly from the fifteenth
amendment to the Constitution aud
the Acts that have been passed to en-
force that amendment, as the abroRa-
tion of State laws unfolding slavery
results from the thirteenth amend
ment to the Constitution. While the
Jurisdiction of the Court, in the case
OF kellogg vs Warmoth aud others, il
clear to my 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 40 held
aud considered, it is not to be forgot
ten that the mandate of his Court had
been oontemptuously defied, and they
we're made while wild notions of an
archy were sweeping away all restraint
OF law and order. Doubtless, the
Judge OF this Court made grave mis-
takes, but the law was the chancellor
great latitude not only in furnishing
those who condemn his orders and in
functions, out in preventing the con.
summation OF the wrong which he has
judiciaily forbidden. Whatever may be
said or thought Of those matters, it was
only made known to me that process
of the United States Court was resist
ed, aud as said Act specially provides
for the use of the army and navy when
necessary to enforce judicial process
urising thetefrom, considered it my
duty TO see that snch process was exc
outed according to the Judgment of
the Court. Resulting from these pro-
ceedings. through various controver.
sies and complications. the State Ad-
ministration was organized, with VIM.
P. Kellogg as Governor, which, in the
discharge of my duty, under Section
4, Article 4, Of the Constitution, l have
recognized az the Government of the
State. 1t hos been bitterly and per-
sistently alleged that Kellogg was not
elected. Whether he was or not, is
not altogether certain, nor is it any