The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1875-01-22
LOUISIANA.
Special Message of President
Grant.
His Response to the Senate's Request
for Information.
TO the Senate Of the United States

swer to Senate resolution OF the 9th instant,
asking for information as to any interference
by any military officer or any part of the
army OF the United States with the orgapiza-
ton or proceedings of the General Assembly
of the State OF Louisiana, or either branch
thereof, and also inquiring IN regard to the
existence OF armed organizations in that
State hostile to the government thereof, and
intent on overturning such government by
force.
To say that lawlessness, turbulence and
bloodshed have characterized the political
affairs of that State since it's organization
under the Reconstruction acts, is only.to re-
peat what has become well known as part OF
its unhappy history but 1t may be proper
here TO refer to the election of 1868, by which
the Republican vote OF the State, through
fraud aud violence, was reduced to few
thousand aud the bloody riots of 1866 and
1868 to show disorder. These are not due
to any recent causes or late actions OF the
Federal authorities Preparatory to the cleo
ton of 1872 a shameful and undisguised con-
spiracy was formed to carry that election
against the Republicans, without regard to law
or right end to that end the most glaring
frauds and 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 a final canvass of the votes. in
view of the foregoing facts, William p. KEEL
logg the II Republican candidate for Governor,
brought suit upon the equity side of tn
United States Circuit Court for Louisiana, and
against Warmoth ana others who had obtained
possession OF the returns Of the election, rep
resenting that several thousand voters of
the State had been deprived OF the elective
franchise on account Of their color, and pray
ing that steps might be taken to have thei
votes counted, and for general relief. To
enable the court to inquire "a to the truth of
these allegations, a temporary restraining or
der was issued against the defendants, which
Ill. al 1nI N.1
with contempt by those to whom it was di-
rected.
These proceedings have been widely de-
nounced 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 Constitu-
ton of the United States the political equali-
ty of cOlored citizens 10 secured, and
under the second section OF that amendment,
providing that Congress shall have power to
enforce its provisions by appropriate legisla
ton, an act was passed on the 3lst of Nav,
1870, and amended in 1871, the object of
which was TO prevent the denial or abr 7ge-
ment Of the suffrage Of citizens on account of
race. 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 these
amendments and these acts extends to State
as well as TO other elections.
That it is the duty OF the Federal Courts TO
enforce the provisions Of the Constitution of
the United States and the laws passed in pur-
suance thereof is too clear for controversy.
Section Is of said act, after numerous pro-
visions therein to prevent an evasion of the
Fifteenth Amendment, provides that the
jurisdiction Of the Circuit Court OF the United
States shall extend to all cases in law or equity
arising under tho provision of said act and of
the act amendatory thereof. Congress seems
to have taken prompt and equitable as well as
legal proceedings to prevent the denial of
suffrage to the colored citizens and il may be
safely asserted that il Mr.. Kellogg bill in the
above named case does not present Gaze for
the equitable interposition of the court,
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 cleo
tions, so as to maintain political equality and
rights therein, irrespective OF race or color,
Is comparatively new, and to some il seems
to be startling, idea but it results as clear
~ fir m the fifteenth Amendment OF the Cen
stltutlon and the acts that have been passed
20 enforce that amendment, as the abroga-
ton Of State law upholang slavery results
from the Thirteenth Amendment of the Con-
stitution. While the jurisdiction Of the court
in the case of Kellogg VS. Warmoth and
others Is clear to my mind, it seems that
some OF the orders made by the Judge in that
and the kindred case OF Antoine were illegal
but while they are so held and considered, it
IL
court had been contem. tuously defed, and
they we're made while wild scenes of anarchy
were sweeping AWAY oil restraint Of law and
order. d yubtltss the Judge Of this court
lcgSie grave Mistakes but tho law allows
tue Chancellor great latitude not only in
Furnishing those contemnipg his orders, but
those preventing the consummetion of the
wrong which he has jude ally forbidden.
Whatever 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 az sad acts specially provide
for the use cf the army and navy when peces-
ssry to enforce judicial process arising there
under, l considered it my duty to SEQ that
such process was executed according
to the judgment of the court. Resulting
from these proceedings through various con-
'troversies and complications, State admins
Grafton was organized, with VIM. T.. Kellogg
AZ Governor, which, in the discharge of my
duty. under section of article of
the Constitution, l have recognized AS the
government Of the State. 1t has been bit
Eerly and persistently alleged that Kellogg
was not elected. Whether he was or not is
not altogether certain: nor is it any more
certain that his competitor. McEnery, was
chosen. The election was gigantic fraud,
and there are no reliable returns OF ite result
Kellogg obtained possession OF the Office and
in my opinion has more right to it than his
competitor.
,
tee on Privileges and Elections of the Senate |
made a report, in which they say that they
are satisfied by the testimony that the man
ipulation Of the election machinery by War
moth and others was equivalent to 20, 900 |
voters and they add that to recognize the |
McEnery government would be recognizing |
a government based upon fraud, in defiance |
OF the wishes and intentions of the voters of |
the State. Assuming the correctness OF the |
statements ia this report, and they seem |
to have been generally accepted by the conn |
try, the great crime in Louisiana, about
which 30 much has been done and said, is that |
one is holding the office of Governor who was
cheated out OF 20 900 votes, against another
whose title TO the Office is undoubtedly based
on fraud. aud in defiance of the wishes and
intentions of the voters OF the State. Misin-
formed and misjudRing as to the nature and
extent OF this report, the supporters of
McEnery proceedeu to dispace by force in
some parts OF the State, the sppointees OF Gov.
Kellogg and OH the 18th Of April, in an effort
OF that KIND, a tutchery OF citizens was
committed at Colfax, which, in bloodthirsti-
ness and barbarity. is hardly surpassed by
any acts Of savage warfare. To put the
matter beyond controversy, l quote
from the charge OF Judge Woods, OF the
United States Circuit Court, to the jury in
the case OF the United States VS.. Crukshank