Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1875-01-21
LOUISIANA.
LOUISIANA.
THE PRESIDENTS MESS1GE.
A Complete summary of the
Troubles.


To the Senate of the UadeI States: /
| have the honor to make the following an
swer to a Senate resolution of the Sth inst. !
i sing for information As TO any interference
nv any military officer any part of the army !
Of the United States with the organization or
proceedings Of the General Assembly of the
State of Louisiana, or either branches thereof.
and also inquring in regard 10 the existence Of
armed organizations in that STATE hostile To the
government thereof and intent on oyerturning
such government by force
To say that lawlessness. turbulence and
hloodshed have characterized the political az
fairs Of that State since it, reorganization un-
der the construction sets. il only to repeat what
has become well known rs a part Of it, unhap-
nv history but II may he proper here Ia refer
10 the election of 1855. hy which the Republic
can vote Of the State. through fraud and yio-
lcnce. was reduced TO few thou aud, and the
bloody riots Of ls66 and ISIS To show that the
disorders there are not due 10 any recent cause
or to any late action Of the federal authori-
ties.
Preparatory TO the election Of 1872, shame
full and undi>aused conspiracy was formed TO /
carry that election against the Republicans, (
without regard to law or right. and 10 that end /
the most glarlng frauds ard forgcrics 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 a final canvass Of the /
votes. in view of the foregoing facts William /
L. Kellogg. the Republican candidate for Gov Z
ernor, brought suit upon the equity side OF the /
United States Court for Louisiana and against
Yarmouth and Others. " armouth had obtained
possession of the return OF the election repre-
seniing that several thousand votes Of the state
had been deprived Of the election franchise on
account of their color. and PRAYING that steps
might be taken TO have said voters accounted
For general relief, TO enable the court To en-
quire a. 10 the truth of these allegations, tenn
porAry restraining order WAS issued against the
defendant. which was at once wholly dl>re-
garded and treated with contempt by those
against whom IL was directed
These proceedings have been widely de-
nouuced a. an unwarrantablr interference by
the federal judiciary with the election of State
officers; but 1t l. TO be remembered that 10y the
fifteenth amendment 10 the constitution oi the
United States, political equality To colorcd cit-
zens j. secured, and under the second section
Of that amendment, providing that Congress
may enforce 1t by appropriate legislation, AN
act passed on the 3l>t of Nav. ISL. and
amended in ISL the object Of which WAS Ia
prevent the denial or ahridgemrnt of suffrage
Ia citizens on account of race, color "r previous
condition of seryitude; and it has been held by
all the federal judges before whom the quc>-
ton ha> arisen. including Justice Strong of the
supreme Court. that the protection afforded
bv this amendm NJ AMI these a'i> extend tn
state n We'll to other elections. That il J. the
duty of thr federal courts u enforce The pro-
visions of the constitution of the United States
and the laws passed in pursuance thereof. i too
clear for controversy. Section 10 Of SAID act.
sitter numerou, provisions thereon. 10 prevent
an evasion of the fifteenth amendment, pro
vde> that the jurisdiction of the circuit courts
OF the Udited States shall extend 10 all cases
In law or equity arising under the provisions Of
said act. and Of the act amendatory. Congress
seems 10 have contemplated equitable a. well
legal proceedings 10 prevent the denial Of
suffrage 10 coored citizens. and il may b. safe
ly asserted that if keliogg's bill in the above
named case did not prevent case for the
equitable lnterpOsition of the court then no
such case can arise under the act.
That the courts of the United States have
the right 10 interfere in various WAYS with
State elections. so 10. maintain political
equality and rights therein. irrespective Of race
OF color. l. comparatively a new and 10 some
seems 10 be startling idea. but 1t results -
clearly from the fifteenth amendment TO the
constitution and the acts that have been passed
TO enforce that amendment, as the abrogatIon
Of State laws UNFOLDING slavery results from
the thirteenth amendment 10 the constitution
While the jurisdiction Of the court in the
case Of Kellogg v. Yarmouth and others, i
clear 10 my mind, ii seems that some Of the
orders made by the judge in that and the kin
dred case of Antoine were Illegal; but while
they so held and considered. II i not TO be
forgotten the mandates Of his courts had been
san'sml|92pffes, lii'dtr l9 da and 6r c taAcv t
less the judge of this court made grave mis-
takes, but the law allows the chancellor great
latitude, not only in Furnishing those who con-
denim his orders and injunctions, but in pre-
venting the contamination Of the wrong which
he has ludlcially forbidden. Whatever NAV b.
said or thought Of these matters. il was only
made known to me that the process OF the
Cmted states court was resisted, and a. said
act specially provides for the use Of the army
and naNY,-when necessary 10 enforce Judi
clal process arising thereunder-I considered
1t my duty 10 see that such process was eXecu-
ted according TO the Judgment of the court.
Resulting from these proceedings, through
various controversies and complications. a
state administration was organized with VIII
liam I. Kellogg a Governor, who. in the dis
charge OF my duty under section 4. act T. of the
constitution, | have recognized ~ the Cover
nor Of the State 1t has been bitterly and per-
slstently alleged that Kellogg was not elected.
whether he was or not Is not altogether Ger
tam. Nor Is II any more certain that hi> COM
petItor, McEnery. was chosen. The election
was gigantic fraud, and there are no reliable
returns Of It's results. Kellogg obtained pos
session OF the Office. and in my opinion has
more right to il than his competitors
On the 20th Of February. 1873, the Commit
tee on Privileges and Elections of the senate
made report. in which they say they were
satisfied by testimony that the manipulation OF
the election machinery by Yarmouth and 9th
ers was equivalent only 10 1000 votes and
they add that TO recognize the McEnerv gov
eTnment would be recognizing a government
based upon fraud. in defiance Of the wishes
and intentions OF the voters Of the state As
Stunning the correctness of the statement in the
report, aud they seem 10 have been generally
accepted by the country, the great crime in
Louisiana, about which - much ha, been said
Is that one Is holding the office Of governor
cheated of twenty thousand votes against
another whose title TO the Office i undoubtedly
on fraud IN defiance Of the wishes and inten-
tons of the voters of the State.
The supporters Of AcEnery then proceeded
10 displace by force in some counties Of the
State the appointees Of Governor kellogg. and
the 18th of April, in an effort Of that Kind. a
butchery Of citizens was committed At Colfax
which IN blood-thirstiness and barbarities Is
hardly surpassed by any acts of savage war
fare. To put this matter bevOnd cont royer-y
quote from the charge Of Judge Woods Of the
United States Circuit Court, to the jury in the
case OF the United States ". Cruiskshank and
others, In New Orleans, in March. ls14. He
said, In the case on trial there are MANY facts
not IN controversy. | proceed 10 state some of
them IN the presence and hearing Of counsel on
both sides. and if state ~ a conceded fact any
matter that is disputed they can correct me"
Amer stating the origin Of the difficulty. which
grew out Of attempt of white persons TO
drive the parish judge and sheriff. appointees
OF Kellogg, from their offices. and the attenupt-
ed protection by colored persons. which led TO
some fighting, in which quite number Of per-
sons were killed, the Judge states that most OF
those who were not killed were taken prison.
ers. Fifteen or sixteen Of the blacks had lifted
the boards, and taken refuge under the floor of
the court house. They were all captured
About - men were taken prisoners, 1.-THE mum
Der is not definitely fixed. They were Kept
under guard till dark, when they were led out
two by two and shot, most Of the men were
shot to death. A few were wounded not NOR
tally, by pretending to be dead. TheyIwere
Afterwards during the night able to;make their
escape. Among them was the Levi Nelson
named in the indictment. The dead bodies Of
the negros killed in this affair were left I'M
buried till Tuesday, April 18th, when they
were buried by deputy marshal and an officer
Of the militia from New Orleans. The persons
found 40 dead bodies. They showed pistol shot
wounds-the great majority in the head and
most Of them in the back OF the head. In addi-
ton to the So dead bodies found, some charred
remains of dead bodies were discovered near
the court house, and dead bodies were found I'M
der house, all shot in the head 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 Hadrat and Har-
ris. The court hOnse and its contents were en-
trely consumed. There is no evidence that
any one in the crowd of whites had any law
ful warrant for the arrest of any of the blacks.