The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1875-01-21
PRESIDENTS MESSAGE ON LOE.
ISIANA AFFAIRS.

United States with the organization or proceed
ings OF the General Assembly of the State of Lou
islana, or either branch thereof. and also inauir
ing In regard to the existence of armed orgaEiza
lions in that State hostile TO the Government
thereof. and intent on overturning such Govern
ment by force.
To say thai lawlessness turbulence and blood
shed have characterized the political affairs OF tha
state rince It's organization under the Reconstrue
known part of lis unhappy history; but it may
be proper here to refer TO the election Of 1863 BY
which the Republican vote of the STATE. through
fraud and violence, was reduced to few thou
sand, and the bloody riots OF 1856 and 1868 to chow
disorder. These are not due to any recen,
causes or TO any late action Of the Federal au
thoriiies Preparatory 10 the election of 1872 9
shameful and undisguised conspiracy was formed
TO carry that election against the Republicans
without regard TO law right, and 10 that end the
most glaring frauds and forgeries were committed
IN the returns, after many colofed citizens
bad been denied registration and other
deferred by fear from casting their bal
ioe When the time came for final
facts, William P Kellogg, the Republican candi,
date for Governor. brought suit upon the equity
side OF the United States Circuit Conrt for Lou;si
tanned possession of the returns of the election,
representing that several thousand voters of the
State had been deprived Of the elective franchise
on account OF their color, and praying that steps
might he taken to have their votes counted, md
for general relief To enable the court to inquire
as to the truth Of these allegations, Temporary
restraining order was issued against the defend
ants, which was al once wholly disregarded and
treated with contempt by those TO whom 1t was
directed.
These proceedings have been widely denounced
as an understandable interference by the Federal
Judiciary, with the election of State officers, but
1t Is TO be remembered that by the Fifteenth
amendment TO the Constitution OF the United
States the political equality Of colored citizens II
secured, and under the second section 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 abridgment of the suf-
frSge Of 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
0y these amendments and these acts extends 10
State as well as to other elections.
That II is the duty Of the Federal Courts to en-
force the provisions Of the Constitution of the
United States, and the laws passed in pursuance
the.eOf, Is too clear for controversy Section if
teen OF said act, after numerous provisions therein
to prevent an evasion Of the Fifteenth amend
ment- provides that the jurisdiction of the Circuit
Court Of the United States shall extend to all
cases in law equity arising under the provision
OF said act and OF the act amendatory thereof
Congress seems TO have taken prompt and eguita-
Bile as well as legal proceedings to prevent the de-
nial Of suffrage TO the coored citizens and it may
be safely asserted that il Mr. Kellogg's bill in the
aDONe-named case does not prfeent for the
equitable interpretation Of the court that no such
tie United States have the night TO interfere in
various ways with State elections. so as TO main
tain political equality and rights therein, ire
spectlVe OF race or color. is comparatively a new,
and to some ii seems to be startling idea but il
results as clearly from the Fifteenth amendment
OF the Constitution and the acts that have been
passed 10 enforce that amendment as the abroga-
tion of State laws upholding slavery results from
the Thirteenth amendment of the Constitution.
While the jurisdiction Of the court in the case
of Kellogg Cs. Warmoth and others is clear
Ii mi Of tha nrHa
made by the Judge in that and the kindred case
of Antoine were illegal, but while they SO held
and considered 1t is not to - forg otten that the
mandate Of his court had been contemptuous-
ly defed, 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 al
lows the Chancellor great latitude not only in
Furnishing those contemniDg his orders but those
preventing the consummation OF the wrong which
he has judicially forbidden. Whatever may be
said or thought of these matters it was only made
known to me that the process of the United States
, Court was resisted, and as said acts spe-
and navy when necessary TO enforce ju-
dicisl process arising, Hereunder l con-
sldefed 1t my duty 10 see that
the Judgment Of the court. Resulting
from these proceedings. through various contro-
xsrsies . ,.. ayd tons Sthtf as ops
ernor which, in the discharge of my duty, under
Sec. of Art of the Constitution, have recog-
nized the Government of the State. 1t has
been bitterly and persistently alleged that kel-
logg not elected. Whether he was or not is
not altogether certain nor is il any more certain
that his competitor, McEnery. was chosen. The
election was gigantic fraud, and there are no
reliable returns of its result. Kellogg obtained
possession of the office. ana. in my opinion. has
more right to it than his competitor.
On the 10Th Of February, 1873, the Committee
on Privileges and Elections of the Senate made
report, in which they say that they satisfied by
the testimony that the manipulation OF the cleo
tion machinery by Warmoth and others was equiv
alent to 20 900 voters and they add that TO recog
niZe the McEnery Government would be recognlz-
ing Government based upon fraud, in defiance
of the wishes and intention Of the voters of the
State. Assuming the correctness OF the state
have been generally accepted by the
country, the great crime in Louisiana about
which so much has been done and
said is that one is holding the Office Of Governor
who was cheated out Of 600 votes against
other whose title to the Office is undoubtedly
based on fraud and in defiance of the wishes and
formed and misjldging TO the nature and ex-
tent Of this report, the supporters of McEnery pro-
ceeded to displace by force in some parts of the
State the appointees of Gov. Kellogg, and on the
18Th of April in an effort Of that kind, abutchery
OF citizens was committed at Colfax. which, in
bloodthirstiness and barbarity, Is hardly
surpassed by any acts of savage warfare
To put the matter beyond controversy L
quote from the charge of Judge Woods, of the
United States Circuit Court, to the jury in the
case OF the United States RS Cruikshank and
In the case on trial there are many facts not in
controversy. proceed to state some OF them IN
the presence and hearing OF counsel on both sides,
and II l state as conceded fact any matter that
is disputed they can correct me-" After stating e
the origin of the difficulty, which grew ont OF an
attempt OF white persons to drive the Parish
Judge and Sheriff, appontees of Kellogg, from
Office, and their attempted protection by colored
persons, which led 10 some fighting IN which quite
number OF negroes were killed, the Judge states
that "most of those who were killed were taken
prisoners. Fifteen sixteen of the blacks had
lifted the boards and taken refuge under the floor
OF the Courthouse. They were all captured !;
number is not definitely fixed. They were kept
under guard until dark. They were led ont two
by two and shot. Most OF the men were shot to
death. few were wounded, not mortally, and
by pretending to be dead were afterward, during
the night. able to make their escape Among
them was the Levi Nelson named in the indct-
ment. The dead bodies Of negroes killed in a, this
when they were buried by a Deputy Marshal and an
officer OF The militia from New Orleans. These per
sons found ffty nine dead bodies. They showed
pistolshot wounds the great maj ority in the heart
and many OF them in the back of the head. In
addition TO the dead found some charred remains
of dead bodies were discovered near the Court
House. Six dead bodies were found under a
warehouse, all shot in the heart but one OF two,
which were shot in the breast The only white
megi injured from the beginning of the troubles
70 their close were Hadnot and Harris The
Court-House and Its contents were entirely con-
sumed. There is no evidence that anyone in the
crowd OF the whites bore any lawful warrant for
the arrest of any of the blacks. There is no evil
dence that either Nash or Cazabat, after the
affair, ever demanded trial before an officer who
even set up claim TO legally act, but the Regis
:er continued to act as Parish Judge
These are the facts in the case, as understand
them to be admitted. To hold the people of
Louisiana generally responsible for these atroc-
tiles would not be just; but it is lamentable
fact that insuperable distractions were thrown in
the way OF Furnishing these murderers, and the So
called : Conservative papers CT the State not
only justified the massacre but denounced as
" Federal tyranny and despotismn the attempt OF
the United States officers to bring them TO jus
tice. Fierce denuneiations ring through the
matters in Louisiana, while every one Of
the Colfax miscreants goes unwhipped OF
justice, and no way can be found in this
boosted land OF civilization and Christianity To
punish the perpetrators of this bloody and mon
etrous crime.
Not un' ike this was the massacre in August last
terprise hid started the little and ourishing town
Of Constatta; some of them were Republicans
and offce-holders under Kellogg. They were
therefore, doomed TO death. Six Of them were
seized and carried away from their homes and
murdered in cold blood. No ons has been pun
jshed and the Conservative" press of the State
denounced all efforts to that end and boldly 1usti
fed the crime.
Many murder. Of ike character have been
committed in individual cases which cannot here
be detailed. For example: T. S. Craford Judge
OF the parish. and the District Attorney OF the
i"eiibu "ooieAi DsiI1Ct OF Inc ctatt, on tneff
way to the court were shot from their horses By
men in ambush on the Sth Of October. 1878, and
the wife OF the former. in communication to the
Department Of Justice. tells piteou. tale Of the
persecution OF her husband because he WAS a
Union man, and Of the efforts made to seize those
who had committed a crime which, to use her Ian
guage, = left two widows and nine orphans desc.
late.
To cay that the murder of negro or q white
Republican Is not considered a crime in Louisi.
sna would probably be unjust TO great part OF
the rnpDle hut IL is that a nm oi
has heau nrIuiShed fherefnr and l. II