Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-01-13
LOUISIAN AFFAIRS.
Special Message of the President.

4
| The following is the special message OF
President Grant on affairs in Louisiana,
| transmitted to the Senate to-day, i'm answer
TO resolution of inquiry passed by that body:
| To the Senate Of the United States:
| have the honor TO make the following an
| sWer To Senate resolution OF the Sth inst,
| asking for information as To any interference
| by any military officer, or any part of the
| army of the United States, with the organi-
| Zation or proceedings OF general assembly of
| The state OfLOuisiaaa or either branch there
! or and also 1nquiring in regard to the exist
ence OF armed organizations in that state
| hostile To the government thereof and intent
| on oVeTturninS such government by force.
! To say that lawleSSncSs, turbulence. and
| bl0odshed have characterized the political
| AFFAIRS of the state since its reorganization
! under the reconstruction acts. it is only to
| repeat what has become well known as a
| part or its unhappy history; but it may be
! proper here to refer 10 the election of 1863 by
I which the republican vote of the state
! through fraud and violence, was reduced to a
| few thousands and the bloody riots of 1855
/ and 1863 To show that the disorders there are
not due to any recent causes or to any late
/ action OF the federal authorities.
! Preparatory 10 the election of 1872, a shame
| ful and undisguiSed conspiracy was fOrma
( 10 carry that election against the rapubIi-
! cans, without regard To law or right, and to
| mat END lhe mvou S,,aI.i. frauds and for
sefles were committed in the retaras, aftef
! many eoi0red citizens had been denied regis
tratiOn, and others had been deferred by fear
from casting their ballots When the time
! came for final canvass OF the votes, in view
cI the foregoing facts, William j. kellogg.
the republican candidate for governor
brought suit upon the equity side of the
United states circuit court for louisiana
anu anu against Yarmouth and others who had
obtained possession of the returns OF the eIar-
ton. representing that several thousand
voters of the state had been deprived of tha
electlve franchise on account of their color
---,s---e ---7"v oo taken 10
Lief. To enable the court To inquire as to n"
truth Of these allegations, a temporary r,-
>painin9 order was issued against the de
ieIh.iants. which was at once wholly diSre-
gaTfpd and treated with contempt by those
TO " hom IL was directed. These proceeding
have been widely denounced aS an unWdr-
rantable interference by the fc leral judiciary
with the election OF state officers; but Ii Il u
he remembered that by the fifteenth amend
ment 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 aPprD
pirate legislation, IAN act was paSSe on tle3iSt
of May, 1870. and amended IN 1>'l; the object
OF which was TO prevent the denial or abriig
mcnt OF suffrage TO citizens on account Of
race. color. or previous condition of snrvi-
| tUdp; and il has been held by all the federal
| judges before whom the question has arisen
including Justice Strong. of the Supreme
| Court. that the protection afforded by this
amendment and these acts extends to state
| as well aS other elections. That il is the duty
of the federal courts to enforce the provisions
of the Constitution of the United States. and
| the laws passed IN pHr>U >Udnce thereof, is too
clear for Controversy.
| Section - of said act. after mum arOIS pro-
| visions therein To prevent an evasion OF the
/ hftecnth amendment, provides that the iu-
| rlSdiCtiOn Of the circuit court of the Cnltri
| States shall extend To all cases in law or
equity arising under the provisions of SaiI
| act and of the act amendatOry thereof. Coz
| gTc>s seems to have contemplated equitable
|
\ denial of suffrage 10 cOlored citizens; and il
| may he safely aSSeTted that If KnllOIS'S bill
| in the abOyt-nameI case did not present 4
| ease for the equitable interpO>itiOn OF the
court that no such case can arise under III =
| act. That the courts Oi the United states
1 have the right 10 interfere il various WAYS
| with state elections 50 a. 10 maintain politi-
! cal equality and rights therein, lrTr> peotiV
Of race or color j. cOmpaFatiVCiy q new. and
| to some seems To be a startling idea; but il
results as clearly rom the htt"cItu Sttn "a 1
| mCnt To the constitution - eel the acts Ia
| have been pas >ej 10 cn;u'cC thai gmondmn4t
| a. the abrGgatiOn Oi state law, updDldia4
| slavery results from the Iuirtnclth amend
| ment To the constitution. While the jurj--
! dictiOn Ot the court in IN" case % Kellogg \ =.
| Yarmouth alid others j Clcar 10 . mimi, Il
| seems that some of the orders made by TIA
| Judge i'm tbs; and the kindred cit,4 oi Aut,in.
We're Illegal. But white they are so held ald
cons !deTcl. u - not - ~ forgotten that tla
| mandate Of his court had been cOntcmptu-
ouSly aefed and they were maize while wild
scenes Cf anarchy were sweeping away al
| restraint of law and Orter DOu Stlp~S tn,
! Judge ( this court made grave mistakes, bui
! the laN allows the chancellor great latitude
| no, only in furnishing those who cDntemi
| his orders and iUjuuctiOnS. Dut IN preVrntins
! the contamination Of the wrong which IA,
| has iudlcldliy forbidden. Whatever may b,
! Ia a or thought oi those maj iefS. IL was Only
! made known tome that process OF the Unite
| States court was resisted: and a. said ac
| specially provides TOT the Use Oi the arm,
! and navy when necessary to enforce iudicia
! process arising tuercunder, | considered i
my duty to >pe that such process was exc
cuted accunins 10 the judgment OF TIA
| court.
Resulting from these proceedings. through
various controversies and complications
! state administration was organized wit!
| VIM. T. kellogg a. governor. which, in tn,
| discharge OF my uJtE. under section 3Tticl
| S, of the constitution. | have recognized "a
! The government OF the state.
| II has been bitterly and pcrSiSjently alle@C.
| That Kellogg was not elected Whether b.
was or Hot j. not altogether certain. nor IL /
| any more certain that his competitor. Nc
| Emery. was chosen. The election was @i
! g3tntIc fraud. and there mo- rel ia bic return
OF lis result Kellogg obtained possession q
| the Office, amt in my opinion has more riga
| 10 it than his competitor.
| On the 2hIh Of February. I~I3. the Com In [
| tee OH Privileges and Elections. of the sen
| ate. made a rcpOrt, in which they say the
were satisfied by testimony that the mmiJ
| uidtiOn OF the election machinery by Nal
! mouth and Ofber> was equivalent to fwenTt
| thousand votes: and they add that To reoi
| game the Mck.nery government would b
| recognizing n government based upon frau
! ia defiance Of the wishes and Intention OF thl
| voters Df the state" Assuming the correct
| ness pl the statements in this Feport. (an,
| they seem to have been generally accepte
| by the countrr,) the great crime in 6uiS Siani
| about which - much has been said is tina
one Il holding the Office Oi governor who wa
! cheated out Gf twenty thousand votes agains
| another whose title 10 the .Gf,ice is undoubt
| edly based fraud and in defiance of th
| wishes and intentions of tlIe Votels OF Tn
| state.
| Misiniormsd and mis- iudg dgin9 as TO the ma
/ tune and extent Of this report. the supporter
| of Mctnery proceeded TO diSplace bv fore
| in some counties of the state the apyoin tee
| Of Governor Kellogg, and en- the 18th O
April, in an effort of that kind, a butcFery q
citizens was committed at C0lfaX. which il
| blOodtifTstness and barbdTity, is hardly sur
pa >sed by any acts of savage warfare.
To put this matter beyond controversy,
quote fTOm the charge of Judge Woods. O
the United States Circuit Court, to the iury
in the case OF the United States vs.. Cruik
shank and others, in New Orleans, in March
1874 He said:
In the case on trial there are many fact
not in controversy. proceed 10 state som,
of them, in the presence and hearing OF co6n
sci on both sides, and if state a concedel
fact any matter that is disputed they cas
correct me-
After stating the origin OF the difficult,