Bradford opinion. [volume] (Bradford, Vt.) 1874-1881, 1875-01-23

law or equity arising unuer the pro-
visions 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 cit.
liens, and IL may DO safely asserted
that II Kellogg's bill in the above
named case did not present ~ case
for the equitable interposition OF the
Court, that no snch case can arise
under the act.
RIGHTS or UNITED STATES COURTS.
That the Courts of the United
States have the right to interfere in
various ways with State elections,
80 as to maintain political equality
and rights therein, irrespective of
race or culOr,is comparatively u new.
and to some seems to he a startling,
idea; but it results as clearly from
the fifteenth amendment to the Con.
stitution and the acts that have been
passed to enforce that AMENDING n :
as the abrOgatiOn of State laws up
holding slavery results from the
18th amendment to the C0nstitu-
ton. While the jurisdiction of the
Court in the case of Kellogg vs..
Yarmouth and others is clear on
my mind, it seems that some of the
orders made by the Judge in that
and the kindred case OF Antonio
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 de
fed and that they were made while
wild scenes of anarchy were sweep
ing 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 contemn his orders and
imiunctious, but in preventing the
c0nsumation of the wrong which he
has judicially forbidden. Whatev-
er may be 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 ana navy when ne
cessary to enforce judicial process
arising Hereunder, [ considered it
my duty to see that such process
was executed according to the
Judgment Of the Court.
RECOGNITION OF KELLOGG.
Resulting from these proceedings,
through various controversies and
complications, State Administra-
tion was organized, with William
=. Kellogg as Governor, which in
the discharge of my duty under sec
ton 4, article 4 of the Constitution,
/ have recognized as the Govern
ment of the State. 1t has been bit
terly and persistently alleged that
Kellogg was not elected. Whether
he was or not is not altogether Ger
tain. Nor is it any more certain
that his competitor, McEnry, was
chosen. The election was gigan-
tic fraud, and there are no trust
worthy returns of it's result. KEEL
logg obtained possession of the of.
fee, and. in my opinion, has more
right to it than his competition. On
the Goth of February, 1873, the
Committee on Privileges and Flee
tons of the Senate made report,
in which they say they were satisfi-
ed by testimony that the manipula-
ton of the elective machinery by
Yarmouth and others was cquiva-
lent to 10000 votes, and they add
that to recognize the McEnery
Government would be recognizing
a Government based upon fraud, in
defiance of the wishes and inten-
lions of the voters of the State.
THE coLFAx BurcHERY.
Assuming the correctness of the
statements in this report, and they
seem to have been generally adopt
ed by the country, the great crime
in Louisiana, about which so much
has been said, is that one is holding
the office ofGovernor who was cheat
ed out of 10000 votes against an
other whose title to the Office is
based on fraud, and in defiance of
the wishes and intentions of the
voters of the State. Misinformed
and miSjudging as to the nature and
extent of his report, the supporters
of McEnery proceeded to displace
by force in some counties of the
State the appointees of Governor
Kellogg, and on the 18th Of April.
in an effort of that kind. butchery of
citizens was committed at Colfax.
which in bloodthirStiness and bar.
barity is hardly surpassed by any
acts Of savage warfare.
JUDICIAL TESTIMONY.
TO put this ma tier beyond con-
troversy. ] quote from the charge of
Judge Woods to the United States
Circuit Court to the jury in the
case of the United States VS.. CIuik-
shank and others in New Orleans in
March: 1873. He said:
In the case on trial there are many facts rot !
In controversy. l proceed to state some of |
them in the presence and hearing of counsel |
on both sides, and if I state as a conceded |
fact any matter that is disputed, they can cor
rect me. After stating the origin of the diff
Guilty, which grew out of an attempt of white
persons to drive the Parish Judge and Sher-
If. appointees of Kellogg from the office, aud
their attempted protection bv colored persons
which led to so,ue fighting in which quite
number of negroes were killed, the Judge
states that most of them who were not
killed were taken prisoners"
Fifteen or sixteen of the blacks