The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1875-01-21
PRESIDENTS MESSAGE.
Special Message OF the President I'm Re-
ference 60 Louisiana AfIhirs.


WASHINGTON, Jan. 1s.-The Presidents
message on Louisiana affairs is as follows:
To the Senate Of the United States
I have the honor TO make the following answer
20 Senate resolution Of the sth inst. asking for
information as TO any interference by any military
officers or any part Of the army OF the United
States with the organization or proceedings Of the
General Assembly OF the state OF Louisiana or
either branch thereof. and also inQuiring in re-
gard 10 the existence of armed organizations In
that section hostile TO the Government thereof,
and intent on overturning such Government by
force.
To say that lawlessness, turbulence and blood
shed have characterized the political affairs OF
that state since its organization under the recon
EtructiOn acts, is only 10 repeat what mas become
well known as part Of its unhappy history; but il
may be proper here 20 refer 10 the election OF
1865, by which the Republican vote Of the state,
through fraud and violence, was reduced 10 few
thousands and the bloody riots OF 1856 and 1865,
20 show that the disorders there are not due TO
any recent causes or TO any late action Of the red
eral authorities.
Preparatory 20 the election Of 1872, a shameful
and undisguised conspiracy was formed 10 carry
that election against the Republicans without re.
gard TO law or right, and to that end the most
glaring frauds and forgery were committed
in the returns. and many cOlored citizens
had been denied registration, and others
deferred by fear from rom. casting thei1
final Canvass Of the votes; in view OF the forego-
ing facts, William p. Kellogg, the Republican
candidate for Governor, brought suit upon the
equity side OF the United States Circuit Court for
Louisiana, and against Warmoth and others who
had obtained possession of the returns Of the
election, representing that several thousand
voters of the State had been deprived Of the cleo
tive franchise account Of their color, and pray
ing that steps might be taken 10 have their votes
counted. and for general relief. To enable the
Court 10 inquire as TO the truth of these auega,
tons, temporary restraining order was issued
against the defendant which was at once wholly
disregarded and treated with contempt by those
to whom IL was directed. These proceedings have
been widely denounced an unwarrantable in
reference by the Federal judiciary with the cleo
ton of State officers; but il is TO be remembered
that by the Fifteenth Amendment 20 the Constitu-
ton of the United States the political equality OF
cOlored citizens is secured, and under the second
section Of that amendment, provided that
Congress shall have power TO enforce
Its provisions by appropriate Legislation. An ACT
was passed ON the 3lst day Of May, 1870, ana
amended in 1871, the object of which was TO pre-
vent the denial or abridgment OF suffrage 10 cltl-
Zens on account of race, color, or previous con
dition 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 tins amend
ment and these acts extends to State well as 10
other elections. That it is the duty of the Fede-
raj courts % enforce the provisions OF the Consul
tuition Of the United States and the laws passed
in pursuance thereof, Is too clearfor controversy
Section fifteen Of said act, after numerous proNl-
siOns therein to prevent an evasion OF the II
feenth Amendment, provides That the lurlsdlcton
tend TO all cases in law or equity arising under
the provision of said act and OF the act amenda-
tory thereof. Congress seems to have contemplated
equitable as well as legal proceedings TO prevent
the denial Of suffrage 10 colOred citizens and 1t
may be safely asserted thatn kelloggs bill In the
above named case does not present a case for the
equitable interpOsition of the Court, that 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
tons so as % maintain political equality and
Oh Groin ira narf nf RI 4
comparatively new, and to some seems to be a
startling idea, but il results as clearly from The
Fifteenth Amendment Of the Constitution and the
acts that have been passed TO enforce that anenu-
mcnt. as the abrogation OF State laws unfolding
slavery results from the ThTteenth Amendment
10 the Constitution. While the jurisdiction Of the
Court inthe case OF Kellogg versus Warmoth and
others is clear TO my mind. II seems that some OF
the orders maize by the Judge in that and the kin
dred case of Antoine were illegal. But while they
are so held and considered, 1t Is not
TO be forgotten that the mandate OF
his court had been contemPtuolsly dened, anu
they were made while wild scenes OF anarchy
were sweeping away ali restraint of law ana or
der. Doubtless the Judge OF this Court made
grave mistakes, but the law allows the Chancel-
Tor great latitude, not only in Furnishing those
who condemned his orders and injunctions, but IN
preventing the contamination Of theWroEg which
he has iudicially forbidden.
Whatever may be said or thought Of these mat
tiers, il was only made known to me that pro-
cess of the United States Court was resisted, and
the army and navy when necessary 10
enforce judicial process arising Hereunder, l
considered il my duty 10 see such process was eN-
ccuted according TO the Judgment OF the court
resulting from these proceedings. Through va
rious controversies and complications a state
Administration was organized, with William =.
Kellogg as Governor, which, in the discharge OF
my duty, under section 4, article 4, Of the Con
stituton ! have recognized as the Government
Of the State. 1t has been bitterly and persistent
" alleged that Kellogg was not elected. Whether
no RfTl nf Il I
more certain that his competitor, McEnery, was
chosen. The election a gigantic fraud and
there are no reliable returns of the result. hel-
lOgg obtained possession of the Office ana IN my
opinion has more right TO it than his compeu-
tor.
ON the 10th of February, 1873, the COMMITTEES
on Privileges and Elections of the Senate made
report, i'm which they say that they are satisfied
by the testimony that the manipulation OF the
election machinery by Narmoth and others was
cIuIs.isrt TO q, 600 votes, and they add that u
recognize the hl,i1iiuI- . cvarnmPnt would be re-
COgniZing a Government based upon uauu, ..ai
in defiance of the wishes and intention OF the No-
tiers OF the state. Assuming the correctness OF
the statements in this report, and they seem &c
have been generally accepted by the country, the
great crime in Louisiana, about which so much
has been done and said, is that one is holding the
Office Of Governor who was cheated out of twenty
thousand votes against another whose title TO the
office is undoubtedly based on fraud and in def
ance of the wishes and intentions OF the voters o.
the State.
Misinformed and misjudging as TO the nature
and extent of this report, the supporters of Nc
Emery proceeded to displace by force in som'
parts of the State the appointees Of Governor Rel
logg, and on the 18th of April, in an effort OF thai
kind, a butchery Of citizens was committed a
ColfaX, which in blood thirstiness and barbarity
is hardly surpassed by any acts of savage war
fare. To put the matter beyond controversy
quote from the charge of Judge Woods, of tho
United States Circuit Court, TO the jury in tn,
case of the United States VS.. Cruikshank and 9th
ers in New Orleans, in March, 1874. He said
In 10 - -
controversy. ] proceed TO state some of them II
presence and hearing OF counsel on both sides ant
If / state asa conceded fact matter that is dis
puted, they can correct me-. Alter stating TN
origin of the difficulty, which grew out OF an at
tempt of white persons TO drive the parish
Judge and Sheriff, appointees of Kellogg ,sfron
Office, and their attempted protection by coloret
persons which led to some fighting in which
quite a number Ofnegroes were killed, the Judg'
states: Most of those who were not killed
were taken prisoners. Fifteen or sixteen OF th'
blacks had lifted the floor and taken refuge unde
the Court house. They were all captured
About thirty seven men were taken prisoners
The number is not definitely fixed. They were
kept under guard until dark. They were then LEI
out in twos or threes and shot, Most Of the mel
we shot to death, few were wounded, no
MORALLY, and by pretending to be dead wer
afterwards, during the night, able 10 make thei
escape. Among them was the Levi Nelson nance
in the Indictment. The dead bodies of the ne
groes killed in this affair were left unburied til
Tuesday, April -, when they were buried by
Deputy Marshal and an officer of the militi
from New Orleans. These persong found fifty
nine dead bodies. They showed pistol she
wounds, the great majority in the heart, an
most of them were shot in the back Of the head
In addition to the dead found, some chaTTed re
mains OF dead bodies were discovered near tn
Court house. six dead bodies were found unde
a warehouse, all shot in the heart but one or tw
which were shot in the breast. The only men in
jured from the beginning of these troubles TO the
close were colored. The Court house an
its contents were entirely consumed. There is n
evidence that any one in the crowd of whites bOT
any lawful warrant for the arrest of any of Il
blacks. There is no evidence that either Nash {
Cozabot after the affair, ever demanded the office
for which they had set up claim, but the Regii
ter continued to act as Parish Judge These Al
the facts in this case as / understand them TO |
admitted. To hold the people of Louisiana ger
orally responsible for these atrocities would not
lust but il is a lamentable fact that insuperab
distractions were thrown in the way of punishir
these murderers and the so-called ConseryatiN
papers of the State nOtonly justified the massacr
hut denounced as Federal tyranny and despotis
the attempt of United States officers to bring the
TO Justice. Fierce denunciatiOns ring throug
the country about Office holding and election ma
tiers IN Louisiana, while every one Of the C0lfa
miscreants goes unwhipped OF justice, and nows
can be found in this boosted land of civilizatiC
and christianity, 10 punish the perpetrators
this bloody and mOnstrOus crime.
Not unlike this was the massacre in August las
Several Northern young men of capital and el
terprise had started the little and fOurishing tow
and Office holders under kellogg. They wei
a nN F1,ara