Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1875-01-21
LOUISIANA AFFAIRS.
Special Message of the
President.
WASHINGTON. January 1a.

WASHINGTON, January 13.
To the Senate of the United States:
have the honor to make the follow
| ing answer to Senate resolution of the
9Th inst, asking for information as to
any interference by any military officer
of any part of tina Army of the United
/ States with the organization and pro-
ceedings of the General Assembly of
/ the State of Louisiana or either branch
thereof; and also inquiring in regard to
the existence of armed organizations in
that State hostile to the Government
thereof, and intent on overturning such
government by force.
| To say that laWleSSneSs. turbulence
and bloodshed have characterized the
political affairs ef that State since its
organization under the reconstruction
acts is only to repeat what has become
well known as part of its unhappy his
tory. But it may be proper here, to re-
! fer to the election of 1868, by which the
Republican vote of the State through
fraud and violence was reduced to a
few thousands, and the bloody riots of
| 1866 and 1868, to show that the disOr-
! ders there are not due to any recent
causes, or to ahy late action of the Fed
eral authorities. Preparatory to the
election of 1872, in Shreveport an un-
disguised conspiracy was formed to
carry that election against the Repub-
licans, without regard to law or rights,
and to that end the most glaring frauds
and forgeries were committed in the
returns, after many colored citizens
had been denied registration and 9TH
ers deferred by fear from casting their
ballots, when the time came for the
final canvass of the votes.
In view of the foregoing facts, VIM.
P. Kellogg, the Republican candidate
for Governor, brought suit upon the
equity side of the U. S. Circuit Court
of Louisiana against Warmoth and OH.
ers 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 their votes counted and for gener-,
al relief. To enable the court to inquire
as to the truth of these allegations, a
temporary restraining order was issued
against the defendant, which was at
once wholly disregarded and treated
with contempt by those to whom it was
directed. These proceedings have been
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
colored citizens is secured, and under
section I'd of that amendment, provid-
ing that Congress shall have power to
enforce its provisions by appropriate
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 abridgemeDt of suffrage Ofthe
citizens on account Of race, color or pre-
vious condition of servitude, and it has
been held by all the Federal judges be-
fore whom the question has arisen, ln-
Guiding Justice Strong OF the Supreme
Court, that the protection offered by
this amendment and these acts extends
to State as well as other elections. That
it is the duty of the Federal Courts to
enforce the provisions of the Constitu-
tiOn 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 jurisdic-
ton of the Circuit Court of the United
States shall extend to all cases in law
or equity arising under the provisions
of said act, and of the act in the amend
ment thereof. Congress seems to have
contemplated equitable, as well as legal
proceedings to prevent the denial of
suffrage to the cOlored citizens, and it
may be safely asserted that if Kellogg's
bill ia above named case does not pre-
sent a case for the equitable interpOsi-
ton of the court, then no such case can
arise under the act. That the courts of
the United States have the right to in
terfere in various ways with the State
elections, 50 as to maintain the pOliti-
cal equality snd rights of the citizens
therein, irrespective of race or color is
comparatively new to some, and seems
to be startling idea, but it results as
of the Constitution, and the acts that
have been passed to enforce that
amendment, as that the abrogation of
the State laws upholding slavery re-
suits from the Thirteenth amendment
to the Constitution. While the juris-
dictiOn of the court in the case of Kel-
logg Us. WarmOth and Others Is clear
to my mind, it seems that some of the
orders made by the Judge in these and
the kindred case of AntOin were ille-
gal, but while they are so held and
considered it is not to be forgotten that
the mandate of this court had been
contemptuously defied and they were
made while wild scenes of anarchy
were sweeping away all restraint of
law and order. Doubtless the Judge
Of this court made grave mistakes. but
the law allows the Chancellor great
latitude, not only in Furnishing those
contemning his orders and iDjunctions,
but in preventing the consummstioa of
wrong which he has judicially forbid
den. Whatever may be said or thought
of these matters, it was only made
known that the process of that court
was resisted and as said acts specially
provide for the use of the army and
navy when necessary to enforce judicial
processes arising Hereunder, L consid-
cred it my duty to see that such pro-
cess was executed according to the
judgment of the court. Resulting from
these proceedings, through various
controversies and complications, a
State administration was organized,
with William p. Kellogg rs Governor,
which, under the discharge of my duty
under section 4, article of the consti-
tuition, have recognized as the gov
ernment of the State. 1t has been Bit
terly and persistently alleged that Kel-
logg was not elected. Whether he was
or not is not altogether certain, nor
any more certain that his competitor
McEnerv, was chosen. The electionl
was gigantic fraud, and there were
no reliable returns of the result. Kel-
logg obtained possession of the office,
and, in my opinion, has more right to
it than his competitor. On the 10th Of
February, 1873, the Committees on
Privileges and Elections of the Senate