The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1875-01-22
LOUISIANA.
The Presidents Special Mes
S0Ee TO the senate.
Hae Explains and .JustEfzes the
Action Ofahe Military.
a Lengthy Recital Of Murders
UnPunIshed and OuIrages
UnrebuI6ed.

a Lengthy Recital OF Murders
UnPHnIshed and OaIrages
UnrebuI<ed.
THE MESSAGE.
WASHINGTON, Jan. IS.
ed States:
l have the honor to make the
following answer to the senate
resolution of the Sth inst, asking
for information as to any interfer-
ence by any military officer. or any
part OF the army of the United
States, with the organization or
proceedings of the general assem-
bly, of the state of Louisiana, or
either branch thereof; and also in
quiring in regard to the existence
of an armed organization in that
section hostile to the government
thereof and intent on overthrow
ing such government, by force.
To say that lawiessness, turbu-
lence and bloodshed have charac-
terized the political affairs of that
state since its organization under
the reconstruction acts, is only to
repeat what has already become
well known as part OF its unhap-
Ply 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 causes, or to any late ac-
ton of the federal authorities.
Preparatory TO the election of1S72,
shameful and undisguised con-
spiracy was formed to carry that
election against the republicans
without regard to law or right;
and to that end the most glazing
frauds and forgeries were commit
ted in the returns, and many col
ored citizens were denied registra-
ton and others deferred by fear,
from casting their ballots. When
the time came for the final canvass
of the votes, in view of the forego
ing facts, VIM. p. Kellogg, the re-
publican candidate for governor,
brought suit on the equity side of
the
UNITED STATES CIRCUIT COURT
for Louisiana, against Yarmouth
and others who had obtained pos
session of the returns of the cleo
ton; representing that several
thousand voters of the state had
been deprived of the election fran
chise on account of their color,
and praying that steps might be
taken to have their votes counted
and granted relief. To enable the
court to enquire as to the truth of
the allegations, temporary res
training order was issued against
the defendant, which was at once
wholly disregarded and treated
with contempt by those to whom
it was directed.
CRITICISM OF DURELL's DECISION.
These proceeding have been de-
nounced as an unwarrantable in
reference by the federal judiciary
with the election of the state off
GERS. But it is to be remembered
that by the fifteenth amendment
to the constitution of the United
States, the political equality of the
colored citizens is secured, and I'M
der the second section of that
amendment. providing that con-
gress shall have power to enforce
its provisions by appropriate leg
islation, an act was passed on the
3lst of May, 1870, and amended
in 1871, the object of which was to
prevent the denial or abridement
of the suffrage to citizens on account
of race, color or.previous condition /;
and it has been held up by all the
federal judges before whom the case
has arisen, Including Justice Strong
of the supreme court, that the pro-
lection afforded by this amendment
and these acts extends to state as
we'll as TO other elections. That it
is the duty of the federal courts to
enforce the provisions of the con-
siifution of the United States and |
the laws passed in assurance there |
of, is too clear for controversy. |
Section fifteen of the said act, after |
numerous provisions therein to pre- |
vent an evasion of tho fifteenth |
amendment, provides that the juris- |
diction of the circuit court of the |
United States shall extend to all |
cases in law or equity arising under |
that provision thereof. Congress |
seems to have contemplated equita-
BILE as we'll as legal proceedings to
prevent the denial of suffrage to |
colored citizens and it may be cafe
ly asserted that if Kellogg's bill in
the above named case did not pre-
sent case for the equitable inter-
position of the court, that no such
case can arise under the act.
DURELL's RULINGS.
That the courts of the United
States have the right to interfere in
various ways with the state cleo
lions so as to maintain political
and rights therein, irres-
pectiYe of race or color is compar-
atively a new and to some seems to
be startling idea but it results as
clearly from the fifteenth amend
ment of the constitution and the
acts that have been passed to en-
force that amendment, as the abro-
CATION of state laws upholding slav-
cry results from the thirteenth
amendment to the constitution.
While the Jurisdiction of the court
in the case of Kellogg vs.. War
mouth and others, is clear to my
mind, it seems that some of the or
ders made by the judge in that and
the kindred cases of Governor An
tome were illegal; but while they
are so held and considered, it is not
to be forgotten that the mandate of
his court had been CONTEMPORARY
defied that they were made while
Wild scenes of anarchy were sweep
ing away all restraint of law and
order. Doubtless the Judge of this
conrt made grave mistake, hut the
law allows a chancellor great lati-
tude not only in Furnishing those
who condemn his orders and injunc-
tons, but in preventing the consum-
nation of the wrong which he has
judicially forbidden. Whatever
may be said or thought of those
matters it was only made known tn
me that the process of the