The Findlay Jeffersonian. [volume] (Findlay, Hancock County, Ohio) 1870-1881, 1875-01-22
LOUISIANA.
Eau Text Of the Presidents Message.

Fau Text Of the Presidents Message.
/ 70 The Senate cfhe United States:
have the honor to make the follow
ling answer TO a Senate resolution Of th
Srh inst, asking for information rs L
any Interference By any military Office
or any part OF the army Of the UniteC
States with the organization or proceed
ings of the General Assembly OF th'
State Of Louisiana, or either brancl
thereof; and also inquiring in regard t.
the existence OF armed organizations il
that section hostile 20 the Government
thereof, and intent Oh overturuing sucl
Government by force.
ELECTION CT 1858.
To say that lawless men, turbulence
land bloodshed have characterized tn,
political affairs Of that State, since it
organization under the reconstruction
lacts, 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 1865. by which til,
Republican vote Of the State, throusl
fraud and violence, was reduced to {
few thousands; and the bloody riots o
1855 and 1868, to show that the dis
iorders there are not due to any recent
causes or TO any late action OF the Fed
cral authorities.
THE ELECTION or 1872.
Preparatory to the election OF 1872 {
shameful and undi-guised conspiracy
was formed to carry the election against
tine Republicans without regard to Law
or order, and to that end the most giar
ing frauds and forgeries we're committed
in the returns, after many colored citi
zans had been denied registration. and
others deferred by fear from casting then
ballots. When the time came for Il final
canvass of the votes, in view of the fore,
going facts, William. p Kellogg, the
Republican candidate for Governor,
brought suit upon the equity side of the
! United States Circuit Court for Louisi-
ana, and against Warmoth and Others,
WHO had obtained possession of the
election returns, representing that sew
eral 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 general relief. To
enable the court to inquire as to the
| truth of these allegations, 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 widely denounced
as an understandable interference by the
Federal Judiciary with the election OF
State officers. but it is to be remembered
that by the 18th amendment to the Con
stitution of the United States the polit-
ical equality of colored citizens is Sc
cured, and under the I'd section of that
amendment, providing that Congress
shall have power TO enforce its provis
ions by appropriate legislation, an act
was passed on the 31st of May, 1870, and
amended in 1871, the object of which
was TO prevent the denial tbridg-
Inelat of offfce TO the citizens on account
OF race, color, or previous condition of
servitude; and it has been held by all
the Federal Judges before whom the
question has arisen, including Justice
Strong, of the Supreme Court. that the
protection afforded by this amendment
and these acts extends to State as well
as to other elections. That it is the
duty of the Federal Courts to enforce
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 18th amend
ment, provides that the jurisdiction of
the Circuit Courts of the United States
Sba II avtpnI To all cn In cntlff ~
arising under the provisions of said act
and of the act in amendment thereof
Congress seems to have contemplated
equitable, as well as legal proceedings
| to prevent the denial of suffrage to col
ored citizens, and it may be safely as
serted that if Kellogg's bill, in the above
named case, does not present a case for
the equitable interposition of the court,
| that no such case can arise under the
act. That the courts of the United
States have the right to interfere in va
rious ways with State elections so as to
maintain political equality and rights
therein, irrespective of race or color is
comparatively a new, and TO some,
seems to be a startling idea, but it re-
suits as clearly from the 18th amend
ment of the Constitution, and the acts
that have been passed to enforce that
amendment, as the abrogation of State
laws upholding slavery results from the
18th amendment to the Constitution.
While ihe jurisdiction of the court in
the case of Kellogg rs. Warmoth and
others is clear to my mind, it seems that
some Of the orders made by the Judge
in that and the kindred case of Antoine
was Illegal; but while they are so held
and considered, 1t 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 altitude, not
only in furnishing those who condemn
his orders and injunctions, but in pre-
venting the consummation of the wrong
which he has judicialIy forbidden.
Whatever may be said or thought of
these matters, it was early made known
to me that process of the United States
Court was resisted, and, as the said act
specially provides for the use of the
army and navy when necessary to force
judicial process arising Hereunder,
considered it my duty TO see that such
process was executed according to the
Judgment of the Court.
Resulting from these proceedings,
through various controversies and com
plications, State Administration was
organized with William p kellogg as
Governor, which, in the discharge of my
duty under section 10, article 4, of the
Constitution, / have recognized as the
Government of the State. 1t has been
bitterly and persistently alleged that
Kellogg was not elected. Whether he
was or not, is not altogether certain, nor
is it any more certain that his competit-
or, McEre:y, was chosen. The election
was a gigantic fraud, and there are 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 20th of Febru-
ary, 1873. the Committee on Privileges
and Elections of the Senate made a re-
port, in which they say they are satisfied
by the testimony that the manipulation
of the election machinery by Warmoth
and others was equivalent to O,0O0
voters. and they add that, to recognize
the McEnery Government would be rec
ognizing a Government based upon
fraud, in defiance of the wishes and in
tention of the voters of the State.
Assuming the correctness of the state
ments in this report, and they seem to
have been generally accepted by the
countrV the rreat crime in Louisiana