Wilmington journal., 1875-01-15
y-s5
LOUISIANA
PRESIDENT GRANTS MESSAGE
TO THE SENATE.
WASHINGTON, Jan. 13--Noor

WASHINGTON, Jan. l0--NOOH.
To the Senate Of the United States
have the honor to make the follow
inc answer to q Senate resolution OF
the sth instant, asking for information |
as to any interference by any military |
officer or any part of the army of the |
limited States with the organization or |
proceedings of the General Assembly |
Of the State of Louisiana or either |
branch thereof, and also enqulrlng IN |
reoard to the existence of armed or
oanizations in that State hostile to the |
Government thereof ana intent Oh
overturning such government by force.
To say that lawlessness, turbulence
and bloodshed have characterized the
political affairs of that State since its
organization under the reconstruction
acts, is only to repeatwhat has become
well known as part of its unhappy
history, but it may be proper here to
refer to the elections of 1868, by which
the Republican vote of the State
through fraud and violence was re-
duced to o few thousands, and the
blood riots of 1866 and 1868, to show
that the disorders there are not due to
any recent causes or to any late action
of the federal authorities. Preparatory
to the election of 1872, a shameful and
undisguised conspiracy was formed to
carry that election against tho 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 colored citizens had
been deuied 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 Cover
nor, brought 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 the election, represent
State had been deprived of the elective
| franchise on account of their color, and
praying that measures might be taken
| TO have said votes counted and for
general relief to enable the Court
to enquire as to the truth OF
these allegations a temporary restrain
ing order was issued against the De-
| partments which was once wholly dis
regarded and treated with contempt
bv those 10 whom it was directed.
| These proceedings have been wl1t Iy
| denounced as an un@arrautabie inter
ference blythe Federal JuGiciary with
the election of State officers, but it Is
to be remembered that by ;h" I5t
| Amendment to the Constitution o. I'll.
| United States, the political equality Of
the colored citizens Is secured, ana
under the I'd section OF that AM: nd
ment, providing tnat Congress shall
| have power to enforce its provisions,
by appropriate leg alton. An act was
passed on the 3lst of May, 1870 and
amended il 1871 the object Of which
was 10 prevent the denial or abridg-
ment OF suffrage TO citizens en- account
of race, color or preylons Condition. of
servitude, and it has been helu by ali
the Federal Judges, befure whom tia
question has aris !, including Justice
Strong of the Supreme Court, that 5he
protection afforded by ihis Amend
ment and these acts extend 10 State Us
well as other elections. That 1t Is tie
duty of the Federal Courts to eufurce
the provisions of the Cc!lstitutlon OF
the United States, and the
laws passed in pursuance there
of, is too clear for eontroveIs ,
Section Is OF said act, after numerous
provision therein to prevent an eva
sion of the 10Th Amendment, provides
that the lurladlct.o on OF Circuit Cuu
OF the United States snail exteLd 10 al!
cases IL law and equity arising under
the provisions Of SAID act, ana OF tie
act amendatory thereof. Congress
seems to have contemplated 'quitatle
as well as legal proceedings to prevent
the denial of suffrage to coIored Gilt
zens, ,and it may be safely asserted that,
if Kellogg's bill i'll the above named
case did not present a case for the
equitable interposltion OF the Court,
that no such case can arise uUder the
act Tat the Courts OF the United
States have the r1gtt to Interfere in
various ways with State elections. SO
as tc maintain political equality ants
rights therein, irr. spective of race Oh
color, is comparatively ii new. and to
| some, see ms to be a startling idea; but
its results are as clearly from the 18th
Amendment to the Constitution and
the acts that have been passed to en-
force that amendment, as the abroga-
ton OF State laws upholtiirg slavery
results from the 18th Amendment to
the Constitution. While the jurisdic-
tion of the Court in the case of Kellogg
VS.. Warmoth and others is clear to my
mind, it seems that some of the orders
made by the Judge in that and the kim
dred case of Antoine we're illegal, but
while they are SO held and considered
it is not to be forgotten that the man
date of his Court had been contempt
uously defed, and they were made
while wild scenes of anarchy were
sweeping away all restraint of law and
order. Doubtless the Judge of this
| do %ob h.
law allows the Chancellor great lati-
tude, not only in Furnishing those who
condemn his orders and dinjunct ctiont, but
In preventing the consum nation of the
wrongwh:ch he has judicially forbidden.
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
act specially provides for the use of
the army and navy when necessary to
enforce judicial process arising there
under, / considered it my duty to see
that such process was executed accord
ing to the Judgment of the court.
| Resulting from these proceedings,
| through various controversies aud
complications. a State administration
was organized with VIM p Kellogg
as Governor, which, in the discharge OF
my duty under section 4, article 4, Of
the Constitution, have recognized as
the government of the State. It hiss
been bitterly and persistenty alleged
that Kellogg was not elected; whether
he was or motifs not altogether certain,
nor is it any more certain that his
competitor, McEnery, was chosen
| The election was a gigantic fraud and
| there are no reliable returns of it's re
sui. Kellogg obtained possession of
the office and in my opinion has more
right to it than his competitor. On
the goth of February, 1873, the Com
nittee on Privileges and Elections of
the Senate made a report in which
they say they were satisfied by testi
mony that the manipulation Of the
election machinery by Warmoth and
others, was equivalent to &c, 1000 votes
and they add that to recognize the
| McE,nerv ooverpmapk would bo ra