The Portland daily press., 1875-01-14
LOUISIANA.
The Presidents Message
A Complete Summary Of the
Troubles.
Adjourne

the United States with the organization or pro-
ceedings of the General Assembly of the state
of Louisiana, or either branches thereof, and
also iDquring in regarI to the existence OF
armed organizations in that state hostile to the
government thereof, and intent on overturnlng
such government by force.
To say that lawlessness turbulence and blood
shed have characterized the political affairs of
that state STAGE its reorganization under the re-
construction acts, is only to repeat what has
become we'll known as a 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 a few thousand and the bloody
riots OF 1866 and 1868 to show that the disorders
there are not due to any recent cause or to any
late action of the federal authorities
Preparatory to the election of 1872, shame
full and undSguiSed conspiracy was formed to
carry that election against the Republicans,
without regard to law or right, and to that end
the most glaring frauds aud forgeries were
committed in the returns, after many colored
citizens had been denied registration and others
deferred 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 candidate for Gov
ernOr, brought suit upod the equity side OF the
United States Court for Louisiana and against
Warmoth and others. Warmoth had obtained
possession of the return of the election repre-
senting that several thousand voters OF the state
account of their color, and praying that steps
might be taken to have said voters accounted
For general relief, to enable the court to en-
quire as to the truth of these allegations, tenn
porary restraining order was issued against the
defendant, which was at once wholly disregard
ed and treated with contempt by those against
whom it was directed.
These proceedings have been widely de-
nou"cel as an unwarrantable interference 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, political equality to colored CT IT,
zens is secured, and under the second section
of that amendment, providing that Congress
may enforce it by appropriate Legislation, an
act was passed on the 3lst of May, 1871, and
amended in 1871, the object of which was to
prevent the denial Or abridgement of suffrage
to citizens on account of race, color or previous
condition of servitude and it has been held by
all the federal judges before whom the ques-
ton has arisen, including Justice Strong OF the
Supreme Court. that the protection afforded
by this amendment and these acts extend to
state as we'll to other elections. That it is the
duty of the federal courts to enforce the pro-
visions of the constitution of the United States
and the laws passed in pursuance thereof, is too
clear for controversy: Section 10 OF said act,
after numerous provisions thereon, to prevent
an evasion of the fifteenth amendment, pro-
vides that the jurisdiction of the circuit 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. Congress
seems to have contemplated equitable as well
as legal proceedings to prevent the denial of
suffrage to colOred citizens, and it may be safe
ly asserted that if Kelogg's bill in the above
named case did rot present case for the
equitable interpostion of the court then no
such case can arise under the act
That the courts of the United States have
the right to interfere in various ways with state
elections, so as to maintain political equality
and rights therein, irrespective of race or color,
is comparatively new and to some seems to
be startling idea, but it results clearly
from the fifteenth amendment to the couSttu-
ton and the acts that have been passed to en-
force that amendment, as the abrogation of
state laws unfolding slavery results from the
thirteenth amendment to the constitution.
While the jurisdiction of the court in the
case OF Kellogg vs. Yarmouth and others, is
clear to my mind, it seems that some OF the
orders made by the judge in that and the kim
dred case of Antoine were illegal; but while
they are so held and considered, it is not to be
forgotten the mandates OF his courts bad been
contemptuously defed, and that they were
made while wild scenes of anarchy were sweep
ing away all restraint of law and order. Doubt
less the judge of this court made grave mis-
takes, but the law allows the chancellor great
latitude, not only in Furnishing those who con-
denim his orders and injunctions, but in pre-
venting the consummation of the wrong which
said or thought of these matters, it was only
made known to me that the process of the
United States court was resisted, and as said
act specially provides for the use OF the army
and navy,-when necessary to enforce a judi
cial process arising thereunder,-l considered
it my dnty to see that such process was execut-
ed according to the Judgment of the court.
Resulting from these proceedings, through
yarions controversies and complications, state
administra ton was organized with William L.
X11. rG
my duty under section 4, act 4, OF tie
constitution, have recognized as the Governor
of the state. 1t has been bitterly and persist
emily alleged that Kellogg was not elected.
Whether he was or not is not altogether GER
tain. Nor is it any more certain that his COM
petitor, McEnery, was chosen. The election
was gigantic fraud, and there are no reliable
returns of its results. Kellogg obtained pos
session of the office. and in my opinion has
more right to it than his competitors.
On the 10th of February, 1873, the Commit
tee on Privileges and Elections of the Senate
made report, in which they say they were
satisfied by testimony that the manipulation Of
the election machinery by WarmOth and others
was equivalent only to 10000 votes, and they
add that to recognize the McEnery government
would be recognizing government based upon
fraud, in defiance of the wishes and intentions
of the voters of the state. Assuming the cor
rectness of the statement in the report, and
they seem to have been generally accepted by
the country, the great crime in Louisiana, about
which so much has been said, is that one is
holding the office of governor cheated of
twenty thousand votes, against another whose
title to the office is undoubtedly on fraud in de-
fance of the wishes and intentions of the vot-
ers of the state.
The supporters of McEnery then proceeded
to displace by force in some counties of the
state the appointees cf Governor Kellogg,
and the 18th of April, in an effort of that
kind, a butchery OF citizens was committed ct
Colfax, which in blood-thirstiness and barbara
ties, is hardly surpassed by any acts of savage
warfare. To put this matter beyond contro-
versY, quote from the charge of Judge
Woods of the United States Circuit Court, to
the jury in the case of the United States VS..
CruIskshank and others, in New Orleans in
March, 1874. He said, SIN the case on trial
there are many facts not in controversy.
proceed to state some of them in the presence
and hearing of counsel on both sides, AMI if
state as conceded fact any matter that is dis
puted they Can correct me-" After stating the
origin of the difficulty, which grew out of an
attept of white persons to drive the parish
judge and sheriff, appointees of kellogg, from
their offices, and the attempted protection by
colored persons, which led to some fighting, in
which quite a number of persons were killed,
the Judge states that most OF those who were
not killed were taken prisoners. Fifteen or
sixteen of the blacks had lifted the boards, and
taken refuge under the floor of the court
men were taken prisoners, (the number is not
definitely fixed). They were kept under guard
till dark, when they were led out two by two
aud shot, most of the men were shot to death.
A few were wounded, not mortaliy, by pre-
tending to be dead. Tney 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 ne
gres killed 10 this affair were left unburied till
Tuesday, April 18th, when they were buried
by deputy marshal and an officer of the mill
tia from New Orleans. The persons found 40
dead bodies. They showed pistol shot wounds
the great majority in the head and most of
them in the back ofthe head Iu addition to the
So dead bodies found, some charred remains of
dead bodies were discovered near the couIt
house, and dead bodies were found under
house, ali shot in the head but one or two,
which were shot in the breast. The only white
mes injured from the beginning of these
troubles to their close, were Hadrat and Har-
ris. The court house and its contents were en-
tirely co nsumed Their is no evidence that
any one in the crowd Of whites had any law
full warrant for the arrest of any of The blacks
There is no evidence that either Nash or GAIA.
bat, after the affair, ever demanded their
offices to which they had set up claim, but
the register contiaued to act as parish judge
and Shaw as sheriff. These are thu facts IN
this case as / understand them to be admit
ted"
To hold the people of Louisiana generally re-
sponsbe for these atrocities would not be just,
but it is a lamentable fact That insupportable
distractions were thrown in the way of pun
ishing these murderers, and the so called Con-
Dapers of the state not only justified