Orangeburg times. [volume] (Orangeburg, S.C.) 1872-1875, 1875-01-28
LOUISIANA AFFAIRS.
Special Message of the President to
Congress.
p TIE ,%SeHdfe Of thc United Staiies.

81. have tho honor to mako tho following an
swer to o senate resolution OF tho 9Th fnst.
asking for information as to any interference
= by any military officer on tho part OF the army
of tho United States with tho organization or
proceedings Of tho general assembly Of tho
stato of Louisiana, or either branch thereof ;
and also inquiring in regard to tia existence
s OF armed organizations in that seessbn, hostile
to tho government thereof, and intent OF over
turning such government by force. To say
that lnwlessness, turbulence and bloodshed
have characterized tho political affairs Of that
state since it's organization under the recon-
struction acts, is only to repeat what has be-
come vol known as part OF it's unhappy his
tory. Bit it may bo proper hero to rotor to
tho election OF 1868, by which the republican
vote OF tho state, through fraud and violence,
was reduced to n fow thousand, and tho bloody
orders thero arc not duo to any recent cause,
or to any lato action of tho federal authorities
Preparatory to tho election OF 1879, a shame
ful and undisguised conspiracy WAS formed to
carry that election against tho republicans.
without regard to law or right, and to that end
tho most glaring frauds and forgery werc COM
mittcd in return, aftor many colored citizens
had boon denied registration, and others de-
tho time camo for final comparison OF tho
Notes. In Wow OF foregoing facts, Wm. T.
Kellogg, tho republican candidate for gov
ernor. brought suit upon tho equity sido of tho
against Warmoth and others, who had OBJ
tanned possession OF tho returns OF tho clec-
ton. representing that several thousand voters
OF tho state had boon deprived Of the elective
ing that steps might be taken to have their
votes counted, and for general relief, TO en-
able tho court to inquire into tho truth of
these allegations, " temporary restraining
order was issued against tho defendant which
was at onco wholly disregarded and treated
with contempt by those to whom it was di-
rccted. These proceedings have boen widely
denounced as all unwarrantable intorfcr-
Inxyf fnIn Ssntn.
ton or state officers. But it is to be re-
membored that by the tifteenth amendment
TO tho constitution OF tho United States, tho
political equality OF colored citizens is Sc
cured and under the second section OF that
3 amendment providing that congress shall have
powt to enforce its provisions by appropriate
Legislation, an was passed on tho 18th OF
May lSi0, and amended in 1871, the object Of
8 5whichs.Yas tosproyent the denial or abiidg-
ment of suffrage TO citizens on account OF
race, color, or previous condition of seryitude;
and has been held by all the federal judges
before whom tho matte Inns arisen, including
3 udge Strong, OF tho srpremo court, tliat q the
4 protection afforded by this amendment a1d;
tiaese acts, extend to state aa sxcll az:
courts to enforce the provisions of the consti-
tuition OF tho United States and the laws passed
i'll pursuance thereof This is too clear for
controversy. Section 15 of said act, after ,su-
merous provisions therein to punis, an inya-
sion of the fifteenth amendment, provides
that the Jurisdiction OF tho circuit courts Of
tho United States shall extend to all cases in
law or equity arising under tho provisions OF
said act and OF the act amendatory thereof
Congress seems to have contemplated equit-
able as well as legal proceedings to prevent
the denial Of suffrage to colored citizens. and
1t may DO safely asserted that If Kellogg's bill
in the above named case does not present II
case for tho equitable intcrposition of tho
court, that no such case can arise under tho
act. That the courts of tho United States
have tho right to Interfere in various ways
equality and rights therein, irrespective of
race or color, is comparatively now, and to
some seems to be startling idsa, but it re-
suits clearly from tho fifteenth amendment
OF the constitution, and tho acts that havo
been passed to enforce that amendment, IA
the abroSation of staio laws upholding slavery
results to the thirteenth amondment to tho
constitution. While tho jurisdiction Of tho
court in the case of Kellogg w. Warmoth and
others Is clear to my mind, it seems that some
OF tho orders ma1o by the judge in that, and
III tho kindred ca-e of Antoine, were illegal,
but whilc they arc 30 hold and considered, it is
not to bo forgotten that tho mandate Of his
court has boon contcmptuously dGilod, and
they were made whiio wild scenes Of anarchy
wore sweeping away all restraint Of law aud
order. Doubtless, tho judge OF this court
made grave mtstakos, but tho law allows the
chancellor great latitude, not only in punish
ing thoso who condemn his orders and in unc-
tlons. but i'll preventing tho consummation OF
tho wrong which hc has judcially forbidden.
HhhteNor Iity DO Ehlu OF lnObunL OF tnOB0
matters it was Only mado known to mo that
tho process Of tho United States court was re-
sisted, and as said acts specially provide for
tho lise OF iho amy and navy when necessary
TO force judicial process arising thorounder, I
considered 1t my duty to see that such PROCESS
was executed according TO tho judgment OF
tho court. ltcsulting from theao proceedings,
through various controversies and complica-
tions, II state administration was organized,
with Wan. Z. Kellogg as governor which, in
tho discharge of my duty undor section 4,
article OF The constitution, have recognized
as the government OF tho state. l. has been
bitterly and porsstently alleged that Kellogg
was not elected. Whether lie was or no. il
not altogether certain, nor is il any moro cer-
tain that his competitor (McEnery) was
choson. The election was h gigantic fraud,
ana thoro arc no reliable returns OF is result.
Kellogg obtaincd possession Of the Office, and,
in my opniolS has moro right to it than his
competitor. On tho 10Th OF February, 1873,
the committee on privileges and elections Of
the sen to mado report, i'll which hoy Say
that thoy arc satisfied by tho testimony that
tho manipulation of the machinery by Wac-
moth and others WAS equivalent to twenty
thousand voters and they add that to rccog-
niZo tho McEncry government would bc to
recognize government based upon fraud, in
deiiauco OF tho wishes and intention of tho
voters Of tho State. Assuming the correct
ness OF tho statements in this report and
they seem to have been generally accepted by
the country-tho great crime i'll Louisiana,
ABOUT which 30 much has been done aud said,
IL that ono Ii holding the office Of governor
vino was cheated out OF 70, 600 voter, against
another whose titlo to tho Office is ilndoubtedly
based ON fraud and in dciiauco of tho wIshos
ana intentions OF tho vocrs OF tho state
Misln1ormcd aud msjudging az to tho nature
and extent of ihis report, tho supnoriors of
MoEnery preceded to dis,lacc by force In
somo par ts Of the state tho appointoee of Gov
ernor helogG: and on the 18Th OF April. in