Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1875-01-14
Presidents Message
ON LOUISIANA AFFAIRS.

To the Senate Of tie United states:
! have the honor to make the following answer
TO Senate solution of the Sth inst, asking ioi
| information as to any interference by any mil
| tary officer, or any pant of the army OF the
| United States, with the organization or proceed
ings of the General Assembly OF the State OF
| ouisiana or either branch thereof; and also en-
| curing in regard to the existence of armed or,
| carnations in that State hostile to the govern
| ment thereof and intent on overtui nng such gov
| ernnent by force. .
To saw that lawlessness, turbulence and blood
| she'd have characterized the political affairs
| of that state since its reorganization under the
reconstruction acts is only TO repeat what has be-
| come well known as part OF It's unhappy history,
but il may be proper re to refer 10 me eiectoh
of 1863 bv which the republican vote OF the State,
| through fraud and violence. was reduced TO few
| thousands and the bloody riots of 1866 and 1883,
| TO show that the disorders there arc not due TO
any recent cause TO any late acton OF the led
| eral authorities. Preparatory to the election of
1872 n shameful and undlsguiscd conspiracy was
formed TO carry that election against the republic
cans without regard TO law or night, and to that
| end the most glazing frauds and forgelies were
committed in the returns, after many eolored cl-
zens 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 VIM. =. Kellogg, the
republican candidate for Governor, brought suit
upon the equity side of the | = tncult Court Tor
Narmoth had obtained possession OF the re.
turns of the elections, representing that several
thousand voters of the State had teen deprived OF
the election franchise on account OF Their color,
and PRAYING that steps might be taken to have
said votes counted; and for general relief, to en-
able the court 10 examine as to the truth OF these
allegations, a temporary restraining order was
issued against the defendant, which was at once
wholly disregarded and treated with contempt by
those to whom it was directed. hese proceedings
have been widely denounced as an unwarlantabie
interference BY the Federal Judiciary with the
election of state officers; bat it is to be remem-
bered that by the fifteenth amendment to the con
stitution of the United States, political equality
to colored citizens is secured, and under the sec
ond section of the amendment providing that Con-
grcss may enforce that article by appropriate iegls
lation an act was passed on the 81 of May, 1870
and amended in 1871, the object OF which was 10
prevent the denial or infringement OF suffrage to
citizens on account of race, color OF previous CON
dtion OF seryitude; and it has been held by all the
Federal judges, before whom the question has
arisen including Justice Strong OF tie supreme
Court, that the protection afforded by TINS amend
ment and these acts extends to State we'll as to
other elections. That it is the duty OF the Fed
eral courts TO enforce the provisions OF the const
tuition of the United States and the laws passed in
pursuance thereof, is too clear for controversy.
Section IL Of said act, after numerous provisions
thereon to prevent an evasion of the 10th amend
ment provides that the jurisdiction OF the Circuit
Courts of the United States extends TO all cases IN
law or equity arising under the provisions OF sad
act and of the act ancndatory. Congress seems to
have contemplated equitable well as leg al pro
ceedngs to prevent the denial of 9rage to col
ored citizens apd ii may be safely asserted that
kellogg's bill in the above named case did not
present case for the equitable nterposition OF the
court that no such case can arse under the act.
That the Courts of the nited States have the right
to interfere in various ways with State elections 50
as to maintain political equality and rights therein,
irrespective of race color, Is comparatively q
new, and to some seems to be a startling ldea but
it results as clearly from the 10Th amendment to
the constitution and the acts that have been passed
to enforce that amendment. as the abrogaton OF
State laws upholding slavery results from the 18th
amend1nen mt to the constitution While the Jurlsdic
ton Of the Court i'll the Of Kellogg V. War
moth and others, is clear to my mind, 1t seems
that some of the orders made by the Judge IN that
and the kindred case Of antoine illegal, but
while they are so held and considered, it is not to
be forgotten that the mandate of this court had
been contemptuously defed and that 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 mistakes, but the
| law allows the chancellor great latitude not only
| in furnishing those who condemn his orders and
| inJunctions but III preventing the consummation
| of the wrong which he has judicially
forbidden. Whatever may be said or
thought of these matters, it was only made known
| to me that the process of the U. S. Court
sisted, and said act specially provides for the
| use oi the army and navy when necessary to en-
force judicial process arising hereunder, | COR
| sdered it my duty to see that such process was
executed according to the judgment OF the Court.
Resulting fl ON these proceedings through various
| controversies and complications, State admin
| istration organized with w. .. Kellogg as
Governor, which in the discharge of my duty, I'M
| der section t. art. 4 Of the Constitution, have
| recognized the Government of the State. 1t
| has been bitterly and persistently alleged that
| Kellogg was not elected. Whether he was or not
is not altogether certain. Nor is II any more GER
| tain that his competitor, McEnery, chosen.
| The election was gigantic fraud. and there are
no reliable returns OF It's results. Kellogg obtained
| possession of the office, and in my opinion has
| more right to it than his competitor On the 10th
| Of February, 1873, the committee on Privileges
and Elections of the Senate, made a report in
which they say they were satisfied by testimony
that the man puati0n Of the election machinery
.by Warmoth and others, was equivalent to 10000
votes; and they add that TO recognize the Nc
Emery Government would be recognizing Gov
crLmcnt based upon fraud in defiance of the
wishes and intentions of the voters of the State.
Assuming the correctness of the statement in this
report, and they seem to have been generally ac-
copied by the country, the great crime in
Louisiana, about which so much has been said,
is, that one is holding the Office of Governor
who was cheated out of 10000 votes, against
another whose title to the office is undoubtedly
in fraud and in defiance of the wishes and in
tentions of the voters Of the State. Mis!nformed
OF the report, the supporters Of McEnery pro-
ceeded to displsce by force i'll some counties of
the State the appointees of Gov. Kellogg, and on
the 18th of April, in his effort Of that kind,
butchery of citizens was committed at Colfax,
which in boodthirstiness and barbarity is hardly
surpassed by any acts of savage warfare. To put
this matter beyond controversy, | quote from the
charge of Judge Woods Of the Y. 5. Circuit
Court, to the jury in the case of the I. 5. vs..
Cruikshank and others. in New Orleans in March,
1874 He said: "In the case on trial there are
many facts not in cont oversy. proceed to state
some Of them i'll the presence and hearing of the
counsel on both sides, and if state as a conceded
fact any matter that is disputed, they can correct
After stating the origin Of the difficulty which
grew out Of an attempt ly white persons to drive
the parish judge and sheriff appontees of Kellogg
from the office, and their attempted protection by
colored persons, which led to some fighting, in
which quite number Of negroes killed,
the judge states that most of those who were
not killed were taken prisoners. Fifteen or six
teen OF the blacks had lifted the boards and taken
refuge under the floor of the court house. They
were all captured and about 81 men were taken
prisoners. The number is not definitely fixed
| They were kept under guard until dark, when
they we've led out two by two and shot. Most OF
| the men were shot to death. A few were wound
| ed, not mortally. BY pretending to be dead, they