The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1875-01-28
THE sou IT HI i.
The Message of President Grant.

To the Senate OF the United States:
have the honor to make the following an
swer to Senate resolution Of the Sth inst, ask
ing for information as to any interference by
any military officer or any part of the army oi
the United States with the organization or pro-
ceedings 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 section hostile to the Gov
ernment thereof and intent on overturning
such Government by force.
To say that lawless men, turbulence, and
blondshed have characterized the political af-
fairs of that State, since its organization under
the reconstruction acts, is only to repeat what
has become well known part of its unhappy
history. But it may be proper here to refer to
the election of 1885, by which the Republican
vote of the Slate, through fraud and violence,
was reduced to a few thousands; and the bloody
riots of 1856 and 1874 to show that the disorders
there are not due to any recent causes or to any
late action. of the Federal authorities.
Preparatory to the election of 1872 a shameful
and undisguised conspiracy was formed to car
ry the election against the Republicans with
out regard to law and order. and to that end
the most glaring frauds and forgeries were COM
mitted in the returns, after many eolored citi-
zens 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, VIM. P
kellogg, the Republican candidate for Cover
nor, brought suit upon the equity side of the
United States Circuit Court for Louisiana, and
against Warmoth and others, who had obtain
ed possession of the election returns, represent
ing 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 their votes counted,and
for general relief to enable the court to inquire
as to the truth of these allegations. tempo
rary restraining order was issued against the de-
fendant which was at once wholly disregarded
and treated with contempt by those to whom
it was directed. These proceedings have been
widelyIdenounced as ang unwarrantable inter-
ference by the Federal Judiciary with the cleo
ton of State officers but it is to be remembered
that by the 18th amendment to the Constitu-
ton of the United States the political equality
of colored citizens is secured. and under the I'd
section of that amendment, providing that
Congress shall have power to enforce its pro-
visions by appropriate legislation, an act was
passed on the 3lst of May, 1870, and amended in
ISL the object of which was to prevent the de-
nial or abrtdgement of office to the citizens on
account of race, color, previous condition of
SerVitude; and it has been held by all the Fed
eral judges before whom the question has ar1s-
en-, including Justice Strong, of the Supreme
Court, that the protection afforded by this
amendment and these acts extends to State as
as well as to other elections. That it is the du-
ty of the Federal Courts TO enforce the provis-
ions of the Constitution of the United States,
and the laws passed in pursuance thereof, is too
clear tor controversy. Section fifteen of said
act, after numerous provisions therein to pre-
vent evasion of the 18th amendment, pro-
vides that the jurisdiction of the Circuit Court
of the United States shall extend to all cases in
law equity arising under the provisions of
said act and OF the act in amendment thereof.
Congress seems to have contemplated equitable,
as well as legal proceedings to prevent the de-
NAL of suffrage to colored citizens, and it may
be safely asserted that if Kellogg's bill, in the
above named case, does not present q 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 in
terfere in various ways with State elections so
as to maintain political equality and rights
therein irrespective of race or color, is compar-
! atively a new, and to some, seems to be a star
Ting idea, but it results clearly from the 18th
| amendment OF the Constitution, and the acts
! that have been passed to enforce that amend
ment, as the abrogation of State laws uphold
/ ing slavery results from the 18th amendment
| to the Constitution.
| While the jurisdiction of the court in the case
| of Kellogg VS.. Warmoth and others is clear to
my mind. 1t seems that some of the orders
case of Antoine were illegal but while they are
SO held and considered, it is not to be forgotten
| that the mandate of this court had been
| contemptuously defed, and they were made
| while wild scenes of anarchy We're sweeping
| away all restraint of law and order. Doubtless
| the Judge of this court made grave mistakes,
| but the law allows the Chancellor great lati-
tude, not only in Furnishing those who contemn
his orders and injuEctions, but in preventing
| the consummation of the wrong which he has
judicially forbidden. Whatever may be said or
| thought of these matters it was early made
known to me that process of the United States
Court resisted, and, the said act specially
provides for the use of the army and navy when
necessary to force judicial process arising there
under, considered it my duty to that such
process was executed according to the judgment
of the Court
Resulting from these proceedings, through
various controversies and complications q
State Administration was organized with Will
liam P. Kellogg as Governor, which, in the dis
charge of my duty under section 10, article 4,
OF the Constitution, have recognized as the
Government of the State. 1t has been bitterly
and persistently alleged that Kellogg not
elected. Whether he not, is not alto
gether certain. Nor any more certain that his
competitor, McEnery, was chosen. The elec-
ton was gigantic fraud, and there are no re-
liable returns of the result. Kellogg obtained
possession of the office, and, in my opinion, has
more right to it than his competitor. On the
10th of February, 1873, the Committee on PriVi-
leses and Elections of the Senate made report
! in which they say they sati SIZED by the tes-
| timony that the manipulation of the election
machinery by Warmoth and others was equiv
alent to 10000 voters, and they add that to rec
ognize the McEnery Government would be
recognizing Government based upon fraud, in
defiance of the wishes and intention of the vo-
tiers of the State.
Assuming the correctness of the statements
in this report, and they seem to have been gem
! orally accepted by the country, the great crime
in Louisiana, about which so much has been
said, is that one is holding the office OF Cover
nor who was cheated out of 10000 votes, against
another, whose title to the office is undoubtedly
| based ON fraud, and in defiance of the wishes
and intentions ofthe voters of the State.
Msinformed and misjudging as to the nature
and extent of this report, the supporters of Nc
Emery proceeded TO diSplaee by force in some
parts of tire State, the appointees of Governor
Kellogg, and, on the 18th of April, in an effort
of that kind, butchery of citizens was com.
mitted at ColfaX, which in bloodthirstiness and
barbarty is hardly surpassed by any acts o
savage warfare. To put the matter beyond con.
troversy, L quote from the charge of Judge
Woods, of the United States Circuit Court tc
the jury, in the case of the United States VS.
Cruil1shank and others, in New Orleans in
March, 1874 He said SIN the case on tria
there are many facts not in controversy. 1 pro
, ceed to state some of them in the presence anc
hearing of counsel on both sides, and if l stat,
as q conceded fact any matter that is disputed
they can correct me-" After stating the origir
of the difficulty which grew out of an attemp
of white persons to drive the parish Judge anC
Sheriff, appointees of Kellogg, from office, anC