The home journal. (Winchester, Tenn.) 1858-188?, 1875-01-21
MESSAGE OF PRESIDENT GRANT ON
LOUISIANA AFFAIRS.
CONGRESS- Declared to be Largely
Responsible.
The Adoption of n Definite Policy Earn
estly Urged.

|
WASHINGTON, Jan. 13.-The following ia tll
full text OF the presidents message on Loui,
lana affairs
To he Senate Of The Tinted States:
have tho honor to mako tho following ar
swer to senate resolution Of tho 9th inst
asking for information as to any interference
by any military officer on the part Of tho arm
OF the United States with the organization @
proceedings OF the general assembly Of th
state OF Louisiana or either branch thereof
and also inquiring in regard to the existenc
OF armed organizations in that section, hostil
to the government thereof, and intent Of over
turning such government by force. To sa
that lawlessnesp, turbulence and bloolshe
have characterized the political affairs of tina
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 b
the election Of 1863 by which the republican
vote Of the state, through fraud and violence
was reduced to few thousand, and the blood
riots OF 1866 and 1868, to chow that the dis
orders there are not due to any recent cause
or to any late action OF the federal authorities
Preparatory to the election of 1879, shame
ful and uDdisguised conspiracy was formed tt
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 coored citizens
had been denied registration, and others de.
| tered by fear from casting their ballots when
the time came for final comparison of the
votes In view OF the foregoing facts, Wm. p.
Kellogg the republican candidate for gov.
ernor, brought suit upon the equity side of the
United States circnit court for Louisiana
against Warmoth and others, who had OBJ
tanned possession OF the returns OF the elec-
| tion. representing that several thousand voters
OF the state had been deprived Of the elective
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 which
was at once wholly disregarded and treated
with contempt by those to whom it was di-
racted, These proceedings have been wide
" denounced az an unwarrantable inter-
ference by the federal judiciary with the
election Of state officers. But it il to be
remembered that by the fifteenth amendment
to the constitution Of the United States, the
political equality Of colored citizens il &C.
cured and under the second section of that
amendment providing that congress shall have
legislation, an act was passed on the 18th OF
May. 1870, and amended in 1871, the object Of
which was to prevent the denial or abridg-
ment of suffrage to citizens on account Of
race color. or previous condition of Rervitude
and it has been held by all the federal Judges
before whom the matter has arisen, including
Judge Strong, Of the supreme court that the
protection afforded by this amendment and
these acts, extend to state as well as other
elections; that it is the duty OF the federal
courts to enforce the provisions of the conati.
tuition Of the United States and the laws passed
in pursuance thereof. This il too clear for
controversy. Section Is OF said act, after nu-
merous provisions therein to punish an inva-
sion of the fifteenth amendment, provides
that the jurisdiction 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 amendatory thereof.
Congress seems to have contemplated eguit-
able as well as legal proceedings to prevent
the denial Of suffrage to colored citizens, and
it may be safely asserted that if Kelogg's bill
in the above named case does not present
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 elections, 80 as to maintain political
equality and rights therein, irrespective of
race or color, il comparatively new, and to
some seems to be a startling idea, but it re-
suits as clearly from the fifteenth amendment
of the constitution, and the acts that have
been passed to enforce that amendment, as
the abrogation of state laws upholdng slavery
results to the thirteenth amendment to the
constitution. While the jurisdiction OF the
court in the case of Kellogg w, Warmoth and
others is clear to nv mind, it seems that some
of the orders made bv the Judge in that and
in the kindred case of Antoine, were illegal
but while tbey are go held and considered. it il
not to be forgotten that the mandate of his
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 mi.takes, but the law allows the
chancellor great latitude, not only in punish
ing those who condemn his orders and injunc-
tiOns, but in preventing the consummatiOn of
the wrong which he has judicially forbidden
Whatever may be said or thought of these
matters, it was onlv made known to me that
the process of the United States court was re-
sisted, and as said acts specially provide for
the use OF the army and navy when necessary
to force judicial process arising Hereunder, /
it my duty to see that such process
was executed according to the Judgment or
the court Resulting from these proceedings
through various controversies and complica-
items. state administration was organized,
with VIM. Z. Kellogg as governor. winch, IN
the discharge OF my duty under section 4;
article OF the constitution have recognized
as the government OF the state: IL has been
bitterly and persisiently alleged that Kellogg
was not elected. Whether he was or not Is
not aitoge'her certain, nor is u any more GER
tam that his competitor CMcEnery) was
Inc election was gisantic Irauu'
and there are no reliable returns OF its result.
Kellogg OBTAINED possession OF the oilice, ana,
IN my opinion, has more right 70 II than 1n ms
competitor On the 2oth OF February, 1913:
the committee on privileges and elections OF
the senate made report, IN winch they say
that they arc satisfied by the testimoy that
the manipulation OF tho machinery Dy
Warmoth and others was equivalent to twenty
thousand voters, and they add that 10 recog-
nize the McEnery government would be TO
recognize government based upon fraud, In
defiance OF the wishes and intention OF the
voters OF the state. Assuming tho correct,
ness Of the statements in this report-and
they seem 10 have been generally accepted by