New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-01-14
THE PRESIDENTS MESSAGE
WASHINGTON, january Is. 1915.

have the nOnOr to make tho following
! answer to a Senate resolution Of the eighth
instant. asking for information as to any
interference by any military officer. or any
part of the army OF the United States. with
the organization OF proceedings of the Gen.
eral Assembly Of the State of Louisiana. or
either branch thereof. aud also inquiring in
regard to the existence OF armed Organiza-
tions a the State, hostile to the government
thereof. ana intent on overturninS such
government by force.
To say that lawlessneas. violence and
bloOdshed have characterized tho political
affairs Ot that State since its reorganization
under the reconstruction acts is only to
repeat what has become we'll known as a
part OF its unhappy history: but it may he
proper here to refer to the election of 1868.
by which the Republican vote of the State.
through fraud and violence. was reduced to
few thousands. and the bloody riots of
1866 and 1868 TO show that the disorders
there are not due to any recent causes OF to
any late action of the federal authorities.
Preparatory to the election Of 1872 shame
tui and undisguised conspiracy was formed
to carry that election against the Repub-
licans without regard to law or right. and
to that end the most glaring frauds and
fOrgeries were committed IN the returns,
after many cUiored citizens had been denied
registration and others deferred by fear
from casting their ballots.
When the time came for the final canvass
of the votes. in view of the foregoing facts,
William P. Kellogg, the Republican candi.
date for Governor, brought suit upon the
equity side of the United States Circuit
Court for Louisiana, and against Warmoth
and othets. who had obtained possession Of
the returns OF the 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 might be taken to have said votes
counted. and TOR general relief. SO as to
enable the court to inquire into the truth Of
these allegations. temporary restraining
order was issued against the defendants,
which was at once wholly disregarded and
treated with contempt by those to whom it
was directed.
These proceedings have been widely de.
nounced as an unwarrantable interference
by the federal judiciary with the election of
State officers, but it is to be remembered
that by tho fifteenth amendment to the
constitution Of the United States the pc.
litcal equality OF cOlored citizens is secured
and under the second section OF tina,
amendment providing that Congress shall
have power to enforce its provisions by ap.
propriate legislation. an act was passed on
the thirty.first Of May. 1870. amt amended
| in Is. |. the object OF which was to prevent
| the denial or abrihgment of suffrage to
negroes on account Ut race, color or pre-
| viOus condition OF servitude. and it has
been held by ali the federal judges before
| whom the question has arisen. including
| Justice Strong. OF the Supreme Court. that
the protection afforded by this amendment
| aad these acts extended to State as we'll as
other elections. That it is the duty of the
federal courts to en- orce the provisions
| of the constitution Of the United States,
! and the laws passed in pursuance thereof.
! is too clear for controversy.
Section fifteen Of said act. after numerous
| provisions therein to prevent an evasion OF
| the fifteenth amendment. provides that the
| Jurisdiction of the Circuit Court of the
I law or equity arising under the provision OF
! said &C, Ur the act amendatory thereof.
| Congress seems to have contemplated
| equitable as we'll as legal proceedings to
| prevent the denial Of suffrage to cOlored
citizens. and it may be safely asserted that
if Kellogg's bill in the above named case did
not present a case for the equitable interpO.
sitiOn Of the court, then no such case can
arise under the act. That the courts of the
various ways with State elections so as to
maintain political equality and the rights
therein, irrespective ut race or color, is COM
| DaratiVelv new and to some seems to
be a startling idea. but 1t results as
clearly from the fifteenth amendment to the
constitution and ithe acts that have been
passed to enforce that amendment, as the
abrngatios Of State laws upholding slavery
results t.em the thirteenth amendment to
| the Constitution. While the Jurisdiction
! o: sac court ia tne case OF Kellogg VS.. War.
! moth and Others. Is clear to my mind. it
seems that some Of the orders made by the
Judge on that and the kindred case OF An.
toine wer. illegal: but while they are SO
| he'd and considered, it is not TO be forgotten
that the mandate of his court had been con-
| temptrously defed. and they were made
| while wild scenes Of anarchy were sweep.
| ing away all restraint o! law and order.
Doubtless the judge Of this court made
gross mistakes: but the law allows the
chancellor great latitude. not only in PUN.
| isLng those who contcmn his orders and
;niunctions. hut in preventing consumma'
ton of the wrong which he has judlcally
FOX oidden. Whatever may be said or
| thought OF those matters, it was only made
known to me that the process of the United
States court was resisted. and as said &C.
| provides for the use of the army and navy,
| when necessary, to enforce Judicial process
arising Hereunder. considered it my duty
t. see that such process was executed ac'
cording to the judgment Of the court result
| ing from these proceedings.
pllcations u State administration was or.
gan;zed with William +. Kellogg as Gov.
| ernor. which in the discharge OF my duty,
under section tour Of article four of the
| constitution. ! have recognized AZ the
government OF tho State. 1t has been
bitterly and persistently alleged that KEEL.
logg was not elected. Whether he was or
not il not altogether certain. nor is it any
mo.e certain that his competitor. McEnery.
| hsc 'Tna elaptinp il
fraud. aud there was no reliable returns of
its result. Kellogg obtained possession OF
the Office. and in my opinion has more
right to it than his competitor. On the
! twentieth Of February, 1875. the Committee
Oh Pv .:leges and Elections of the Senate
made a report. in which they say they
wer. satisfied by testimony that the ma
nipulaticn of the election machinery
by Warmoth and others was equivalent to
10000 votes. aud they add: That to recog-
nize She McEnery government would be
| recognizing government based upon fraud.
! ia d. :ance of the wishes and Intentions OF
the voters of the State Assuming the
correctness Of the statements in this report
and :hey seem to have been generally ac'
| cepted by the Countrywide great crime IN
| Louisiana, about which SO much has been
said. is III: one is holding the Office OF
! Governor 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 Of
| the voters of the State.
Misintormed and misjudginy as to the
nature and extent of these reports. the sup.
porters of McEnery proceeded to displace
by force i'll some counties OF the State the
| appointees OF 1he Governor. and on the
| thirteenth OK Arr.!. in an effort of that
! kind, GutChcry III citizens was committed
a. Coltax. which. in bloodthirstiness and
barbarity. is hardly surpassed by any acts
| of savage warfare.
To put this matter beyond controversy,
quote from the charge of Judge Woods. OF