Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1875-01-25
WASHINGTON. D. G. Jan. ls.


WASHINGTON. d. c.. Jan. Is.
To the Senate Of tie United Ht0fes:
have the honor to make the follow
ing answer to a Senate resolution Of the
18th inst, asking for information as to
any interference by any military ofi;er
or any part of the army of the United
States with the organization or proceed
ings 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
4 thereof. and intent on overturDing such
Government by force.
THE POLITICAL AFFAIRS OP THE STATE.
To say that lawle>sness. turbulence
and bloodshed have characterized the
political affairs Of that State since its
reorganization under the recon, truction
acts, Is only 10 reveal what has become
we'll known as a part of its unhappy his
tory; but 1t may be proper here to refer
to the election of 1865, by which the
Republican vote of the State, through
fraud aud violence. was reduced to few
thousand, and the bloody riots Of 1866
and ro6o, to show that the disorders
there are not due to any recent cause or
to any late action Of the Federal author
tiles
A SHAMEFUL AND UNDISGUIsED con-
sPIRACY.
Preparatory to the election of 1872
shameful and uudisguised conspiracy
was foimed To carry that election against
the Republicans, without regard To law
or right. and To that end the most glar-
ing frauds and forgeries were committed
ia the returns. after many colored citi-
zens had been denied registration, aud
others deferred, by fear, from casting
their ballots. When the time came for
hnsl canvass of the votes. In view of
the foregoing facts, William +. Kellogg.
the Republican, candidate for Governor.
brought suit upon the equity side of the
United States Circuit Court for Louisi-
ana and against Warmoth aud others.
who had obtained possession Of the re-
turn Of the election, representing that
several thousand voters of the State had
been deprived of the elective franchise
on account Of their color, and praying
that steps might be taken TO have said
votes counted, aud for general relief To
enable the Court TO inquire as 10 the
truth of these allegations. temporary
restraining order was issued against the
defendants, which was at once wholly
disregarded and treated with contempt
by those TO whom it was directed. 1he
proceedings have leen widely denounced
as an unwarrautable interference by the
Federal Judiciary with the election Of
State officers. but it is to be remembered
that 10y the fifteenth amendment to the
Constitution Of the United States the
political equality Of colored citizens Is
secured. and under the second section Of
that amendment providing that Congress
shall have power 10 enforce its prUvis
ions by appropriate legislation an act
was passed on the 3lst Of May. 1870,
and amended in 1871. the object OF
which was 10 prevent the denial OF
d, abridgement Of suffrage 10 citizens on
account of race. color or previous condi.
tion Of servitude. IL has been held by
i all the Federal Judges before whom the
question has arisen. including Justice
Strong Of the Supreme Court, that thC
Is protection afforded by this amendment
and these acts extend TO State a. vel
l. as to other elections. That it Is the duty
:. Of the Federal Courts 10 enforce the pro
is visions Of the Constitution of the United
2 States and the laws passed in pursuance
thereof Is too clear for controversy. Sec
"a ton / . Of said act, after numerous pro
1t visions therein TO prevent an evasion O
,e the fifteenth amendment, provides tina
II the jurisdiction of the Circuit Court o
the United States shall extend to all ca
l. ses IN law or equity arising under tbs
= provisions Of said act and Of the ac
/. amendatory. Congress seems to hav'
contemplated equitable as well as lega
- proceedings TO prevent the denial Of suf
tr9ge TO cOlored citizens. and it NAV b
safely asserted that if Kellogg's bill il
e the above named case did not present
l. case for the equitable interposition o
the Court. that no such case can aris
J. under the act.
RIGHTS OF UNITED STATES COURTS.
That the Courts of the United State
= have the right to interfere in variuu
:, ways with State elections. so as to main
Il tain political equality and rights therein
|, irrespective Of race or color. Is cOmnara
= lively a new. and to some seems to be
= startling idea but it results as cleai i
from the fifteenth amendment to tn
Constitution and the acts that have beel
passed to enforce that amendment as Ih
abrogation Of State laws upholding slav
cry results from the 18th amendment t
the Constitution Mile the jurisdiction
of the Court IN the case Of Kellogg v
Warmoth and others is clear to my mind
1t seems that some Of the orders mad
y. by the Judge in that and the kiudre
Y case Of Antoine were illegal but Will
a. they are so held and considered it Is nc
ne TO be forgotten that the mandate of Hi
20 Court had been eOntemptuously deie
he and that they were made while viii
IN scenes Of anarchy were sweeping ava
m all restraint Of law aud order Doub,
less the Judge of this Court made grar
m mistakes. but the law allows the Chan
e. eellor great latitude not only in punish
ST ing those who cnntemn his orders AN
injunetiOns. but in preventing the cor
ne summation Of the wrong which be ha
ge judicially forbidden. Whatever may 3
.ic said or thought Of these matters. it va
er only made known to me that the proee:
of the United States Court was resisted
. and as saId act specially provides f.
i the use Of the army and navy when nee
as essary 70 enforce Judicial process arisiu