The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-14
Sheridan's Policy, If Legal,
GA Sure Remedy"
BLAME THROWN ON CONGRESS.
A Long Series of Dispatches and
Reports.
THE LIEUTENANT GENERALS MURDER LIST.
What is Thought Of the Message
in Washington.

III w
WASHINGTON, Jan. 49, 1875
TO THE SENATE OF THE UNITED STATEs:-
have the honor to make the following
answer to Senate resolution Of the sth
inst, asking for Information as to any inter.
ference by any military officer or any part or
the army of the United States with the Or
Plantation or proceedings OF the General Assem-
oily OF the State Of Louisiana or either branch
thereof, and also inquirng in regard to the exist
ence Of armed organizations in that State hostile
to the government thereof and intent on over
turning such government by iorce.
To say that lawlessness, turbulence and blood.
shed have characterized the political affairs OF
that State since its organization under the recon-
structl0n acts Is only to repeat what has become
we'll known as part Of its unhappy history. But
1t may be proper here to refer to the election Of
1865 by which the republican vote OF the State,
through fraud and Violence was reduced to few
thousands and to the bloody riots Of 1856 and 1885,
to show that the disorders there not due to any
recent causes or 10 any late action OF the federal
authorities.
An UNDIsGUIsED CONSPIRACY.
Preparatory to the election of 1872 shameful
and undisguised conspiracy was formed to carry
that election against the republicans without re-
gard to law or right, and to that end the most
garlng frauds and torgeries were committed in the
returns after many colored citizens had been
denied registration and others deferred by rear
from casting their ballots. When the time
came for Q final canvass Of the votes in
view OF the foregoing facts William r. Kellogg,
the republican candidate for Governor,
brought suit up0u the equity side of the United
States Circuit Court for Louisiana and against
Warmoth and others who had obtained possession
OF the returns OF the election, representing that
several thousand voters OF the State had been ue-
prlved Of the elective franchise account Of their
color, and praying that steps might be taken to
have said votes counted, and for general relief
To enable the Court to inquire as to the truth OF
the allegations a temporary restraining order was
issued against the defendants which was at once
wholly disregarded ana treated with contempt by
those to whom 1t was directed These proceed
ings have been widely denounced as an unwar-
Rantable interference by the federal judiciary with
the election of State Orcers but it Is TO be remem
bered that, by the Fifteenth amendment to the
constitution Of the United states, the political
equality Of colored citizens is secured, and under
the second section Of that amendment, provided
that Congress shall have power to enforce Its pro-
visions by appropriate legislation.
AN ACT SECURING COLORED SUFFRAGE.
An act was passed on the S1st Of May 1870 and
amended in 1871, the object Of which was to pre-
vent the denial or abridgment OF the suffrage to
citizens account OF race, color or previous con-
dition Of servitude and 1t 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 amend
ment and these acts extends to State as well as
other elections; and that 1t 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 to admit
Of controversy.
Section Is OF the said act, after numerous pro-
visions therein to prevent an evasion OF the FIJI
teenth amendment, provides that the Jurisdiction
OF the Circuit Court Of the United States shall cx-
tend to all cases In law equity arising under the
provisions OF SAID act and OF the act amendat0ry
thereof. Congress seems 70 have contemplated
equitable as well as legal proceedings TO prevent
the denial Of suffrage to cOiored citizens, and 1t
may be asserted that II Keogg's bill in the
above named case did not present case
for the equitable interposition OF the Court
that no such case can arise under the act.
That the courts or the United States have the
right to Interfere in various ways with State elec
tons so as to maintain political equality and rights
therein, irrespective OF race or color, is COM
paratively new, and to some 1t seems to be q
startling idea. But results clearly from the Fiji
teenth amendment TO the constitution and the acts
that have been passed to enforce that amendment
az the abrogatlOn OF State laws upsetting sla.
very, results from the Thirteenth amendment to
the constitution While the jurisdiction of the court
in the case OF Kellogg vs. Warmoth and others is
clear to my mind 1t seems that some of the orders
made by the Judge in that and the kindred case
OF Antoine were illegal. But while they SO held
aud considered 1t is not TO be forgotten that the
mandate OF his Court had been contemptOuously
defed, ana they were made while wild
scenes oil anarchy were sweeping away all
restraint OF law and order. Doubtless the
Judge OF this Court made grave mistakes; but
the law allows HIM great latitude, not only
in Furnishing those who condemn his orders
and inJunctions, but in preventing the consumma-
bidden.
HIS ExCRLLENCY's OPINION.
whatever may be said or thought Of those mat
ters 1t was only made known to me that the pro-
cess OF the United States Court was resisted. and,
az said acts especially provide for the OF the
army and navy when necessary to enforce 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 complications, a State administration was or
Ranized with william p. Kellogg as Governor,
which, In the discharge of my duty under section
4, article OF the constitution, have recognized
~ the government OF the State.
IL has been bitterly and persistently alleged that
Kellogg was not elacIed. WhetheS he Was or not