The Grange advance. [volume] (Red Wing, Minn.) 1873-1877, 1875-01-19
Presidents Message,
In Response to the enate Inquiry
On Louisiana Affairs.
10 the Senate of the United States:

10 the Senate of the United States:
have the honor to make the follow
s answer to Senate resolution of
the 9Th inst. asking for amy Informal
ton as to any interference by any mill.
tary officer or part OF the army Of the
United States with the organization of
proceedings Of the General Assembly of
the State of Louisiana or either branch
thereof, and also inquiring in regard to
the existence of an armed organization
III that State hostile to the government
thereof and intent on overturning such
government by force.
10 say that the lawless political af-
falrs OF that State since its organization
has become we'll known is part of its
unhappy history, but it may be proper
here to refer to the election
Of 1868, by which the Repuh.
Hcan vote of the State
through fraud and violence, was re.
duced to a few thousand and to the
bloody riots Of 1868, any
recent causes or to any late action
OF the Federal authorities.
Preparatory to the election of 1879
shameful and undisguised conspiracy
was formed to carry that election
against the Republicans without regard
to law and right, and to that end the
most glaring frauds and forgeries were
committed in the returns, after
many colored citizens hal been
denied registration and others deferred
by fear from casting their ballots.
When the time came for final canvass
OF the votes, in view of the foregoing
facts, VIM. P. Kellogg, the Republican
candidate for Governor, broug hit suit
upon the equity side Of the United
States circuit court for Louisiana, and
against Yarmouth and others, who had
obtained possession Of the returns of
election, representing that several
thousand voters Of the State had
been deprived of the elective franchise
on account Of their color, and praying
that steps mi ht be taken to have their
vote counted and for general relief. TO
enable the court to inquire as to the
truth Of these allegations, a temporary
restraining order was issued against
the defendants, which was at once
wholly disregarded and treated with
contempt by those to whom it was di.
rected. The proceedings have been wide.
~ denounced as an unwarrantable inter-
ference by the Federal judiciary with
the election Of State officers, but it is
to be remembered that by the fifteenth
amendment to the constitution of the
United States the political equality of
eolored citizens is secured, and under
the second section of that amendment
providing that Congress shall have
power to enforce its provisions by APP
propriate legislation, an act was passed
on the 3lst of May, 1870, and
amended in 1871, the object of
which was to prevent the denial or
abridgment Of suffrage Of citizens 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 Jus.
tice Strong Of the Supreme Court. that
tho protection afforded by these amend
ments and these acts, extend to State
as we'll as other elections. That it
is the duty of federal courts
to enforce the provisions of the consti.
tuition Of the United States and the
laws passed in pursuance thereof, is too
clear for controversy. Section Is of
said act, after numerous propositions
therein, to prevent an invasion of the
18th amendment, provides that the
jurisdiction of the circuit court of the
United States shall extend to all cases
in law or equity arising under the pro-
visions Of said act, and
of the act amendatory,
therefore Congress seems to have con.
templated equitable as well as legal
proceeding to prevent the denial Of suf-
frage to c0lored citizens, and 1t may be
safely asserted that if Kellogg'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, so as to
maintain political equality and rights
therein, irrespective Of race or colol, is
comparatively new and to some seems
to be a startling idea, but it results 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 unfolding slavery results from the
18th amendment to the constitution.
While the jurisdiction of the court in
the case of Kellogg VS. Yarmouth end
others is clear to mind, it seems that
some Of the orders made by the Judge
in that and tho kindred case of Antoine,
were illegal; but while they are so held
and considered it is not to be forgotten
that the mandate of his court had been
contemptuously defied, and that they
were made while wild scenes of anar.