The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1875-01-19
PRESIDENT GRANT RESPONDS TO
THE SENATE.
And Narrates the Whole Story of
the Louisiana Difficulties From
His Point of View.
He Thinks the Military Were Guilty
Of No Intentional Wrong.
OUTRAGEs REHEARSED.
Congress Urged to Take Up and
Manage the Whole Business.
THE SPECIAL MESSAGE.


LoUIsIANA's woEs-THE ELECTION OF 1868
KELLOGG, wARMoTH AND M'ENRRY-DU-
RELL's oRDERS-THE CoLFAx MASSACRE
sEPrEMBER's oUTBREAK-THE SUPERVISING
BOARD AND THE MILITARY.
To the Senate of the United States:
/ have the honor to make the following
answer to the Senate resolution of the Sth
inst, asking for information as TO any inter-
ference by any military officer or any part of
the army of the United States with the or
ganization or proceedings of the general as
sembly of the state of Louisiana, or either
branch thereof, and also iDquiring I'M re-
gard to the existence of an armed or
ganization in that section hostile TO
the government thereof, and intent on
overturning such government by force. To
say that lawless men, turbulence and blood
shed have characterized the political affairs
Of that state since its organization under the
reconstruction acts, is only to repeat what
has become well known as part of its un-
happy history. But it may be proper here
to refer>to the election of 1865 by which the
republican vote of the state through fraud
and violence was reduced to few Thousands,
and the bloody riots of 1866 aud 1858 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 sf 1872, shameful 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 forgeries were commit
ted. In return, after Iusny cOlOred citizens
had been denied registration, and others de-
tered by fear from casting their ballots,
when the time came for final canvass of
the votes, in view of the foregoing facts.
William p. Kellogg, the republican candi-
hrOnOht nj hn
equity side of the Circuit Court of Louis
lana and 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
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 RESTRAINING ORDER
was issued against the defendant, which was
also wholly disregsrded and treated with
contempt by those to whom it was directed.
These proceedings have been widely
denounced as an unwsrrantable interference
by the federal judiciary with the election
OF state officers. But it is to lie
remembered that by the fifteenth amend
mont TO the constitution of the United States
the political equality of the colored citizens
Is secured, 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 3lst of May, IS7O, and amended
in 1871, the object Of which was
to prevent the denial or abridgment of suf.
frage TO citizens on account of color or
previous condition of servitude, and it 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
ana these acts extends to state as
well as 10 other elections. That il is tbe
duty of the federal courts to enforce the
provisions OF the constitution of the United
states, and the laws passed in pursuance
thereof, rs too clear for controversy. Section |
nfteen OF The said act, after numerous pro- |
visions therein TO prevent an evasion of |
the laws, or the fifteenth amendment. pro- |
yides that the Jurisdiction of the |
Circuit Court of the United States
IN all cases in law or equity arising under |
the provisions of the said act and of acts in |
amendment thereof, congress seems TO have /
equitable as well as legal pro-
ceedings to prevent the denial of the suf-
frage 10 coiored citizens, and il may be /
safely asserted that ii Kelloggs bin in the
above named case does not present a case
tor the equitable interposition of the court,
tnat DO such 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 maintain
political equality OF rights therein, irrespec-
I'VE OF race or color, is comparatively new.
and to some seems to be
A STARTLING IDEA.
But It results as clearly from the fifteenth
amendment of the constitution, and from
the acts which have been passed to enforce
The amendment, as that the abrogation of
state laws upholding slavery results from
he thirteenth amendment to the constitu-
lion. While the jurisdiction of the court
N the case Of kellogg VS.. Wsrmoth and
others is clear to my mind, il seems that
some OF the orders made by the Judge in
hat, and the kindred case of Antoine were
Illegal. But while they are so held and
it is not 10 be forgotten that the
mandates OF his court had been contemptu-
)usly dehed, 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
but the law allows the chancellor
great latitude, not only in furnishing those
who contemn his orders and inductions
ouS In preventing the contamination of the
wrong which he has judicially forbidden:
Whatever may be said or thought of these
matters, it was only made known to me
hat the process of the United States Court (
vas resisted, and as said, the acts specially
provides for the use of the army aud navy
when necessary to force judicial process {
lrising Hereunder, / considered IL {
ny duty TO see that such process
vas executed according to the Judgment of |
he court. Resulting from these proceed !
ngs, through various controversies and g
state administration was c
organized, with VIM. p. Kellogg as COVER !
Tor, which, in the discharge of my duty j
lnder section A. article 4, of the consti-
ution, 1 have recognized as the govern t
nent OF the state. It has been bitterly and c
consistently alleged that Kellogg was not q
lected. Whether he was or not, it is not a
ny more certain that his competitor, Nc d
lnery, was chosen. The action was a gi-
antic fraud, and there are no reliable re-
urns of its results. Kellogg obtained pos o
ession Of the Office, and, in my opinion, v
as more right to it than his competitor. 4
IN the Goth of February 1873 the commit