The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1875-01-14
BY TELEGRAPH
mgpNTaHT DISPATCHES
WASHINGTON


To lhe hehhlp ~ lhe phlltd hlhlrhj
WAsHINGqOS, d, c. January Ia
have the honor 10 make the following
answer ~ the senate resolution uf lht
Sth ,nstp asking Information ~ Ia III,
interference by any military Officer
or part of the army Of the UnileC
States, with tho organization ant
proceedings Of the general assem-
bly, Of the state Of louisiana, or clthcl
branch thereof and also inquirng IN
regard TO the existence Of an armed or
ganiZatlon In that state hostile 10 the
government thereof and the intention
of oycrturning such government hy
force;
To say that lowlcssucss, violence aud
hl0odShed have characterized the pc.
litIcal affairs OF that state since It's on.
ganl2atlon under reconstruction acts Is
only to repeat what has become well
known as n part Of liz unhappy his.
tory. But II may be proper here TO
revert TO the election Of 1868, by which
the republican vote Of the state,
through fraad and violence was re-
duced to u few thousand, aud, the
bloody riots OF 1865 and 1868 to show
that disorders there are not due 10 any
recent causes or to any late action Of
the federal authorities.
Preparatory to the election of 1872, a
shameful and undisgulsed conspiracy
was formed to carry that election
against the republicans, without re-
gard to law or right, and to that end
the most glaring frauds and forgeries
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 Warmoth
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 their
color, and praying that steps might be
taken to Rave said votes counted, and
for general relief to enable the court to
inquire into these allegations, and tie
temporary restraining order was issued
against the defendants, which was
wholly disregarded and treated with
contempt by those against whom it
was directed.
These proceedings bave been widely
denounced as an understandable inter-
ference by the federal judiciary with
the election of the state officers, but it
is to be remarked that by the fifteenth
amendment to the constitution of the
United States, the political equality of
the colored citizen is secured, and un-
der the second section of that amend
ment providing that congress shall have
power to enforce its provisions by APP
propriate legislation, an act vas 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 of
servitude, and it has been held by all
federal judges before whom the Qnes-
tion has arisen, including Justice
Strong, of the supreme court, that the
protection afforded by tins amend
ment and these acts extends to state
as well as other elections
That it is the duty of the federal
courts to enforce ihe provisions of the
constitution, aud the laws passed in
pursuance thereof, IS too clear for con-
troversy. Section fifteen of said act,
after numerous provisions therein to
prevent any evasion OF the fifteenth
amendment, provides that the juris-
dicti0n OF the circuit court of the Uni
ted States shall extenu to all custs in
law or equity arising under the provis.
ions of said act OF uf the act amend
atory thereof Congress seems to have
contemplated all equitable proceedings
to prevents 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 the
equitable interpretation of the court
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 to
maintain political equality and the
rights therein, irrespective of race or
color, Is comparatively new one, aud
to some seems to be a startling idea.