The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1875-01-21

that some of the orders made by the
Judge in that and the kindred case ol
Antoine were illegal, but while they
are so held and considered, it 10 moi
to be forgotten that the mandate Of
his court had been contemptuously
defed, and they were made while
wild scenes Of anarchy were sweep.
ing away all restraint of law and or.
der. Doubtless the Judge of this
court made grave mistakes, but the
law allows the chancellor great lat
itude not only in Furnishing those con-
temning his orders, but those prevent
ing the consumation Of the wrong
whi h he has judiciously forbidden.
| Whatever may be said or thought OF
these matters, it was only made
known to me that the process of the
United States Court was resisted, and
as said acts specially provide for the
use of the army and navy, when nee
essary to enforce judicial process ar
ising hereunder, | considered it my
duty to see that such process was OK
ecuted according to the judgment OF
the court resulting from these pro-
ceedings, through various conrrover-
sizes and complications. A State ad-
ministration was organized, with
William P. Kellogg - governor,
which, in the discharge of my duty,
under section four Of article four Of
the Constitution, | have recognized
as the governor Of tho State. It has
been bitterly and persistently alleged
that Kellogg was not elected. Wheth-
or he was or not is not altogether Ger
tain; nor is it any more certain that
his competitor, McEnery, was chosen.
The election was = gigantic fraud,
and there are no reliable returns of
its result. Kellogg obtained posses
sion of the Office, and, In my opinion,
has more right to it than his compe-
titor.
On the Goth Of February, 1873, tho
Committee on Privileges and Elec-
tions of the Senate made report, in
which they say that they are satisfied
bv the testimony that the manipula-
ton Of the election machinery by
Warmoth and others was equivalent
to twenty thousand votes, and they
add that to recognize the McEnery
government would be recognizing :
government based upon fraud, in do
6ance of the wishes and intentions of
the voters of the State. Assuming
the correctness of the statements in
this report, and they seem TO have
been generally accepted by the coun-
try, the great crime in Louisiana, about
which so much has been done and
said, is that one is holding the Office
of governor who was cheated out of
twenty thousand votes, against anoth-
er whose title to the Office is un-
doubtedly based on fraud, and in do
6ance of the wishes and intentions of
the voters Of the State. Misinform-
ed and misjudging as to the nature
and extent Of this support, the suppor-
ters of McEnerv proceeded to dis
place by force, in some parts of the
State, the appointees of Governor
Kellogg, and on the 18th of April, in
an effort Of that kind, hutchsry Of
citizens was committed ut Colfax,
which, in boodthirstiness and barbar-
ity, is hardly surpassed by any acts
of savage warfare. To put the mat
ter beyond controversy. Iquote from
the charge Of Judge Woods, of the
United States Circuit Court, to the
jury in the case Of the United State
VS.. Cruikshank and others, in New
Orleans, in March, 1874. He said 60
s'In the case on trial there are many
facts not in controversy. l proceed
10 state some of them in the presence
and hearing Of counsel on both sides,
and if ! state as Z conceded fact any
matter that is disputed, they can COR
rect me- After stating the origin of
the difficulty, which grew out of the
attempt of white persons to drive the
parish Judge aud Sheriff, appo;ntees
Of Kellogg, from Office, and their at
tempted protection by colored per-
sons, which led to some fighting, in
which number of negroes were kill
ed, the judge states that most Of
those who were killed were taken
prisoners. Fifteen or sixteen of the
blacks had lifted the boards and ia
ken refuge under the floor of the
Court House. They we're all captur-
ed; about ,hirty-seven men taken
prisoners; the number is not definite
ly fixed. They were kept under
guard until dark. They were led out
two by two, and shot. Most Of the
men were shot to death. A few were
wounded not mortally, and by pre-
tending 70 be dead, were afterward,
during the fight, able to make their
escape. Among them was the Levi
Nelson, named in the Indictment
The dead bodies of negroes killed in
this affair were left unburied till
Tuesday, April Is, when they were
buried by Deputy Marshal and an
officer of the militia from New Or
leans.
These persons found tifty-nine dead
bodies. They showed pistol shot
wounds, the great majority in the
heart, and many of them in the back
of the head. In addition to the dead
found, some charrcd remains of bod
les were discovered near the Court
House. Six dead bodies were found
under warehouse, all shot in the
heart but one or two, which were
shot in the breast. The only white
men injured from the beginning Of
these troubles to their close, were
Hadnot and Harris. The Court House
and its contents were entirely con-
sumed. There is no evidence that
any one in the crowd of the whites
bore any lawful warrant for the arrest
of any Of the blacks. There is no ev-
idence that either Nash or Cazabat,
after the affair, ever demanded trial
before an officer who even set up 4
claim to legally act; but the Register
continued to act As Parish Judge"
These are the facts in this case, az
| understand them to be admitted
To hold the people Of Louisiana gen
orally responsible for these atrocitie,
would not be just; but it is lamen.
table fact that insuperable obstruc
tiOns were thro wn in the. Wav of nun.