The Opelousas journal. [volume] (Opelousas, La.) 1868-1878, 1875-01-29
LOUISIANA AFFAIRS.
special Message Of the President to
Congress.
70 ne Senate 81 nc United States.

70 NE Senate of nc U,,ited States:
have the honor to make the following a,
sWer to a senate resolution of the 9Th mai
asking for information as to any interferenl
py any military officer on the part of the arm
Of the United States with the Organization {
proceedings OF the general assembly of I'll
state OF Louisiana, or either branch thereof
and also inquiring in regard to the existenc
" ermed organizations in that section, bostfl
20 the government thereof, and intent of oyel
turning such government by force. To IA
tlat laWlessness, turbulence and boodshe
nave characterized the political affairs of tns
state since Its organization under the recon
struction acts, is only to repeat what has be
come well known as part of its unhappy his
tory. But it may be proper here to refer t
the election of 1868, by which the repubIica1
retesof the state, through fraud and violence
a Asaa reduced to few thousand, andthe blood
flots OF 1866 and 1868, to show that the dis
orders there are not due to any recent earse
Or to any late action of the federal authorities
preparatory to the election Of 1872, shame
ful and und1sguised conspiracy was formed +,
carry that election against the republicans
without regard to law or right, and to that enc
the most glaring frauds and forgery were com
mitted in return, after many coIored citizen,
had been denied registration, and Others Grade. ID.
TERED by fear from casting their ballots. wher
the time came for a final comparison of the
votes. In view OF foregoing facts, VIM. n
Kellogg, the republican candidate for GOV
ernor. brought suit upon the equity side of the
United States circuit court for Louisiana
AGAINST Warmoth and others, who had OBJ
tanned possession of the returns of the cleo
tion. representing that several thousand voters
OF the state had been deprived of the electi ye
franchise on account of their color, and pray.
ing that steps might be taken to have their
votes counted, and for general relief, To en-
able the court to inquire into the truth of
these allegations, temporary Restraining
order was issued against the defendant wbieb
was at once wholly disregarded and treated
with contempt by those to whom it was di-
rected. These proceedings have been widely
denounced as an unwarrantable interfer-
ence by the federal Judiciary with the elee-
ZION ot State officers. But it is to be re-
membered that by the fifteenth amendment
to the constitution of the United States the
p0litlcal equality of colored citizens ii se-
cuTeds and under the second section of that
amendment providing that congress shall have
poWtrt TO enforce its provisions by appropriate
legislation, an act was passed on the 18th Of
May, 1870 and amended in 1871 the object of
MhlchaWas to prevent the denial or abiidp-
Ment OF suffrage to citizens on account Of
race, color, or previous condition of seryitude.
AMI ha been held by all the federal iT1dnes
before whom the matter has arisen, including
Judge Strong, OF the supreme court that the
pr0tection afforded by this amendment and
these acts extend to state as we'll M other
elections; that it is the duty Of the feaerai
courts to enforce the provisions of the consti- /
tuition of the United States and the laws passed
IN pursuance thereof This is too clear for
controversy. Section is of said act. after nm
inerouH provisions therein to punish all inya-
sloH Of 1he fifteenth amendment, provides
Illat the Jurlsdlctlon Of the circuit courts of
the United States shall extend to ALL cases IN
law or equity arising under the provisions Of |
said act and Of the act amendatoTv thereof /
Congress seems to have contemplated emit
able as well az legal proceedings to prevent /
she denial Of outrage to colored citizens. and t
Lay he safely asserted that If Keiloggs bill i
III the above named case does not present 4 I
case for the equitable interpoaition of the /
court, that no such case can arise under the /
ace. That the courts OF the United States +
baye the right TO interfere in various WAYS f
with state electloUs, so aa to maintain political
sdnality and rights therein, irrespective Of T
'aee Or color, is comparatively new, and to
ioIne seems to be startling idsa but it re-
suits clearly from the fifteenth amendment II
u the constitution, and the acts that have B
Jaeia passed tu enforce that amendment al 4
ne ADrOSaticn OF state laws upholding slaverY
esatts to the thirteenth amendment to the
While the jurisdiction of the
ouEa in tho case of Kellogg W. Warmoth and Il
lsiaeEs is clear g my mind, it seems that some
Z the kindred case Of Antoine were illegal Il,
ue while they are 80 held and considered. Il ID
0f to De forgotten that the mandate Of his
uurt haa been contemptuously defied and
hey were made while wild scenes of anarchv
IeTe sweeping away all restraint Of law aud /
Ftisfs Doubtlass, the judge of this court
lnde grave mistakes, but the law allows the /
hancelloT great latitude, not only in punish
lG those VINO condemn his orders and iDiunc- /
onH, nat III preF Fenting the consumlnation OF ]
ls wrong which he has jQdiciRlly forbidden {
l1aseFer may he said or thoguht of those /
lAtterH, u wEs only made known to me that /
le process Of the United States eourt was re-
skea' ana 4. as sald acts specially provide fof /
IL use Oh lhe almy and navy when necessary / +
force Judicial process arising hereunder, / / &
lnsldersd II nv duty to see that such process 4
90 executed according to the judgment of 4 Il
e court. kesuitlng from these proceedings 3
4 1auah various controversies and compIioa- 4
ons, state administration was organized q
llh 81 MIa. P kellogg as governor, which, in
q 0iRcharge 0f my duty under section a IA
Eiele Of the constitution have recognized q
tale sc FernlnellI OF the state. I has been q
tterly end peThistentIy alleged that Kellogg. 4,
y not elected. Whether he was or riot II ];
4 altog esher certain, nor is it any more Ger
n that hits competitor (AEcEnery1 was #
ossn. 1aae eiectIon was gigantic fraud, q
g there are NO reliable returns OF its resIIfk q
aIi0gg pbkained possession Of tho Office. and. i Fl
nv uplFien, Aas more right to- it than his Il
mpefzt0f. On the Goth Of February 1919 81
coFnmLttee pn privileges and elections OF
Raneta maese report, III which they say ri
p tAley asa es tlaAed BY the testimony that 81
? manipulation or tie machinerv by Waf- I'll
lth aslsa otheFa was equivalent To twenty | ii
7usafd voters, and they add that to reeog- II
se the Mcknely government would be ia
'tEsnlEe government basea upon fraud i'll Id
uance Rg tie wishes and Intention sof aaaIt II Il
ieEa a. the state. Assuming the correct IN
~ 0t faa Statements in this report ane 4 II,
y seem @ have been generally accepted b Il u
e0Mntf3 the great crime ia louisiana \ 81
aut which Ho much aaa been ione and said
nat pns y holding the 0iiee Of governor -
was cheated ont OF 20. .000 yotes against
laaaar whose title otEle office is Hndoub&edlY I'LL
@a On fraud and Id defiance of the she's
antentpns of the voters Of tie state.
slnx0rnaad and misiudging as to tho nature iii
eAE TENT pE bis report, the supporters of sp
isnerY nlaeeeded to diselare by force 1n 81
ae paft cf Tho state the appointees of G0Ts Ill
o. hellcg asad on the 18th of April. III sa
effort q fhas kind & butehery OF citizens
cpnaEkt ktAd III G0ifax, which ia blood saA
at11css ald barbaritY, is hardly surpassed
any acts ol savage warfare. 10 put the 81
tfar beTssEaa controversy, quote from The III.
rge oy gnugp Gods, of the United STATES III
zlt eNurF to TIE jury ia the case Of tho a.g
ted StAkes N ggnfkahank and others, i'll IL
oglaaas, III MArch, 1874, He said ssIp u j
eaHe or klial here ere many facts not ln
e9usi-3 3garey. proceed to stale sgme of II {
u fff llAe preEerca and hearing 0f c0anss n /
bash sides, and, If state is q conceded i 3
any 1na kkaE thai il Disputed, they can cor 4 d
mle. liter stating tho origin of tho diff Il
%, which grew out of an attl napt of wiils 4 i
ons to drive the parish judge and sheriff Eaa
Df KeEE0ga fgBm office, aHd tIaa III e
npted protection hYeeloTed persons, which i ss
Il some ghting, iii which quite nuusla sasg
sgr9es were killed tlHa Judge staieH 4sEaa n II
of these who were killed were taxed u
Ioor Of tho court house. They we're all ae
1red. About thifty seven men we're taken Hgca