The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-01-14
GhegatetIfgetrfer
Afternoon Dispatches
by Telegraph.
SDccIal Message or the President
ON Louisiana AilhirS.

WAsHISsrOS, January 10.
ToAe Stnaie Ofhe Uaied SAFES:
have the honor to make the following
answer 10 a Senate resolution Of the Stt
inst, asking for information as to any in
terierence by any military officer Of any
mart Of the Army Of the United States
with the organization and proceedings o.
the General Assembly Of the State q
Louisiana or either branch thereof; and
also inquiring in regard to the existence
OF armed organizations in that State hos
tile to the Government thereof, and intent
on oyerturning such government by force
To say that laWlesness, turbulence
and bloOdshed have characterized the pO-
litical affairs Of that State since It's or
ganization under the reGonstruction acts Is
only to repeatyhat has become well known
as part offs unhappy history. But itmay
be proper here, to refer to the election OF
1858, BY which the Republican Vote Of the
State through fraud and violence was re-
dueed to a few thousands, and the bloody
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 Fed
eral authorities, Preparatory to the cleo.
ton OF 1872, in Shreveport an undisguised
conspiracy was formed to carry that cleo
ton against the Republicans without re.
gard 10 law or rights, and TO that end
the most glazing frauds and iOrgcries
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 Tor the final canvass Of the
votes,
In view Of the foregoing facts, VIM.
Z, Kellogg, the Republican candidate for
Governor, brought suit upon the equity
side Of the U, s, Circuit Court Of Louis
lana against Warmoth and others who
had obtained possession Of the returns Of
the election, representing that several
thousand voters Of the Strte had been
deprived Of tho elective franchise on &c.
count Of their color, and praying that
steps might be taken to have their votes
counted and for general relief. To ena.
bic the court to inquire as 10 the truth Of
these allegations, a temporary restraining
order was issued against the defendant,
which was at once wholly dlsregarded and
treated with contempt by those to whom
II was directed. These proceedings have
been widely denounced rs an unwarrant-
able interference BY the Federal judiciary
with the election OF State officers, but II Is
to be remembered that BY the Fifteenth
amendment to the Constitution Of the
United States, the political equality Of
colored citizens d secured, and under sec.
ton I'd Of that amendment, providing
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
abridgemcnt Of suffrage Of the citizens
ON account OF race, color or previous con.
dition Of servitudo, and II has been held
BY all he'Federal judges before whom the
question has arisen, including Justice
Strong Of the Supreme Court, that the
protection offered by this amendment and
these acts extends TO State rs we'll as other
elections. Thatit 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 there
In to prevent an evasion Of the fifteenth
amendment, provides that the jurls.
diction Of the Circuit Court Of the
United States shall extend 70 all
cases in law or equity arising under the
provisions Of said act, aud Of the act IN
The amendment thereof. Congress seems
TO have contemplated equitable, as well
~ legal proceedings to prevent tho denial
Of suffrage to the colOred citizens, and i
may be safely asserted that II Kelloggs
bill In the above named case does not
present case for the equitable lnIerpo.
sition Of the court, then no such case can
arise under the act. That the courts of the
United States have the right to Interfere
in various ways with the State elections,
SO as to maintain tile political equality
and rights Of the citizens therein, IRE.
spectiye Of race or color IL comparatively
new to some, and seems TO be startling
idea, but II results as clearly from the FIJI.
teenth amendment OF the Constitution,
and the acts that have been passed
10 enforce that amendment, aa
that the abrogation Of the State laws up.
holding slavery results from the Thir.
tenth amendment To the Constitution,
While the Jurisdiction Of the court In the
case Of Kellogg ". Warmoth and Others
Is clear to my nj ind, 1t seems that some
OF the orders made by the Judge In these
and the kindred case OF Antolh were ille-
Ral, but while they are so held and con.
Sidered II IL not 10 DO forgotten that the
mandate Of this cOrrt had been contemp'
trously dehed and they were made VII lle
Wild scenes Of anarchy were sweeping
away all restraint Of law and order
Doubtless the Judge oil this court made
grave mistakes, but the law allows The
Chancellor great latitude, not only In
Furnishing those contemhing his Orders
and iniunctions, but in preventing the
contamination Of wrong which he has jtl
dicially forbidden. Whatever may DO sait
or thought OF these matters, II was only
made known that the process Of that coir
was resisted and as said acts specially
provide for tho use Of the armi
and navy when necessary 10 entOrcI
judicial processes arising thereundet,3I
considered Il my duty TO zee that such pro
cess wa executed according TO the iiug
ment Of the court. Resulting from ihest
proceedings, through various controyer
Sies and complications, State admins
tration was organized, with william l
Kellogg as Governor, which, n the dis
charge Of my duty under section 4, artl
Gle A Of the constitution, ! have recog
niaed as the government Of the State ]
has been bitterly and perSistently allege'
that Kellogg was not elected. Whetlle
he was or not Ia not altogether certain
nor any more certain that his competitor
McEnefy, was chosen. The election wa
a gigantic fraud, and there were no fell
able returns Of The result. kellogg Oh
tained possession Of the Office, and, In m,
opinion, has more right to II than hi
competitor. On the goth oil February
1873, The Committee on Privileges an
Elections Of the Senate made a report I
which they say that they are satisfied b
he testimony that the manipulation I
the election machinery by WarnioIt
and others was equivalent 70. 1000
VOTES, and that TO recognize the McEhef
government would be recognizing q gov
ernnient based upon fraud, 10 defiance
The wishes and intention Of the voters
The State. Assuming, the correctness {
The s,a,emcnts In this fepott--ahd the