The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1875-01-16
nv TELEGRAPH.


answer a. the senate resolution NJ Tie
sih lust asking information M Ia the
Interference ny any military Oillcef
or part ~ the army NJ Tie United
States, with the Organization aud
proceedings II the general assem-
bly, Of the state NJ Louisiana, ar either
branch thereof, and also inpulrlng IN
regard 10 the existence al MI armed or
ganlzatlon In that state hostile 10 the
government thereof and the Intention
of overturning such government by
force:
To say that lawlessness, violence and
bloodshed have characterized the po
litical affairs Of that state since Its or
ganization under reconstruction acts Il
only TO repeat what has become wei
known as IA part OF its unhappy his
tory. But II may he proper here "a
revert TO the election OF 1868, by which
the republican vote of the state,
through fraud and violence was re-
duced to few thousand, aud; the
bloody riots of 1865 and 1868 to show
that disorders there are not due to any
recent causes or to any late action o,
the federal authorities.
Preparatory to the election of 1872, O
shameful and mdisguised conspiracy
was formed to carry that election
against the republicans, without re.
gard to law or right, and to that end
the most glazing frauds and forReries
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 final canvas of the
voters In view of the foregoing facts,
Kellogg, republican candidate for gov.
ernor, brought suit upon the equity
side of the United States circuit court
for Louisiana and against Warmotll
and others, who had obtained posses.
sion 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 theil
color, and praying that steps might be
taken to rave said votes counted, anC
for general relief to enable the court Il
inquire into these allegations, and tho
temporary restraining order was ISSUED
against the defendants, which wai
wholly disregarded and treated will
contempt by those against whom il
was directed.
These proceedings bave been widely
denounced as an unwarrantable inter
ference by the federal judiciary witt
the election of the state officers, but il
is to be remarked that by the fifteenth
amendment to the constitution Of thu
United States, the political equality O
the colored citizen is secured, and I'M
der the second section of that amend
ment providing that congress shall have
power to enforce its provisions by ap
propriate legislation, an act was pass
ed ON the 3lst of May, 1870, and amend
ed In the year 1871, the object of which
was To prevent denial or an abridge
ment of suffrage to citizens on account
Of race, color or previous condition o
servitude, and it has been held by al
federal judges before whom the ques
ton has arisen, including Justic'
Strong, the supreme court, that thu
protection afforded by this amend
ment aud these acts extends to stat
as well as other elections,
That it is the duty Of the fedora
courts to enforce the provisions of tho
constitution, and the laws passed il
pursuance thereof, is too clear for con
troversy. Section fifteen Of said act
after numerous provisions therein t.
prevent any evasion of the fifteenth
amendment, provides that the juris
dictiOn of the circuit court of the Uni
ted States shall extend to all cases in
law or equity arising under the provis
ions of said act or of the act amend
atory thereof. Congress seems to have
contemplated all equitable proceeding
to prevent denial of suffrage to col
ored citizens, and it may be safely as
serted that If Kellogg's bill in the above
case did not present a cause for thu
equitable interposition of the cOur
that no such case can arise under the
act. That the courts OF the United
States have right to-interfere, in va
rious ways, with state elections tt
maintain political equality and the
rights therein, irrespective of race Of
color, is comparatively new one, ant
20 some seems to be "a startling idea
1t results as clearly from the fifteenth
amendment to the constitution ant
the acts that have been passed to en-
force that amendment, rs the abroga
ton of the state laws unfolding sla
very results from the thirteenth
amendment to the constitution.
While the jurisdiction Of the courI
in the case Of Kellogg VS. Wormotf
and others is clear to my mind, II
seems that some orders made by the
Judge ON that and the kindred case Of
Antoine were illegal, but While they
are SO held and considered it Is not t.
be forgotten, that the mandate of his
court had been contemptuously denied
and they were made while wild scenes
of anarchy were sweeping away all the
restraint Of law and order. Doubles,
the judge of this court made SOME
grave mistakes, but the law allows .
chancellor great latitude in not only
furnishing those who condemn his or.
ders and injunctions, but in preventing
the contamination of the wrong which
he has judicially forbidden. What
ever may be said or thought of those
matters II was only made known to
me that process of the United States
court was resisted, and as said act pro-
vides for the use of the army and navy
srban uacaasary "a, Quforea iudicial