The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1875-01-21
LOUISIANA.
Special Message Of President
Grant.
His Response to the Senate's Request
for Information.
To The Senate Of the United States !:


by any military officer or any part of the
army of the United States with the organiza-
tion or proceedings of the General Assembly
of the State of Louisiana, or either branch
thereof and also inquiring in regard to the
existence of armed organizations in that
State hostile to the government thereof, and
intent on overturning such government by
force.
TO say that lawlessness, turbulence and
bloodshed have characterized the political
affairs of that State since it's organization
under the Reconstruction acts, is onlyeto re-
peat what has become we'll known as part of
it's unhappy history but it may be proper
here to refer to the election of 1868, by which
the Republican vote of the State, through
fraud and violence, WAS reduced to O. few
thousand, and the bloody riots of 1866 and
1868 to show disorder. These are not due
to any recent causes or late actions of the
Federal authorities. Preparatory to the cleo
ton of 1872, shameful and undisguised con-
Spiracy was formed to carry that election
against the Republ cans, without regard to law
or right, and to that end the most glarlng
frauds and forgeries 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 for final canvass of the votes. In
view of the foregoing facts, William P. Kel-
IOgg, the Republican candidate for Governor,
brought suit upon the equity side of tn
United States Circuit Court for Louisiana, and
against Warmoth and others who had obtained
possession of the returns of the election, rep
resenting that several thousand voters of
the State had been deprived OF the elective
franchise on account of their color, and pray
ing that steps might be taken to have thei
votes counted, and for general relief. To
enable the court to inquire as to the truth OF
these allegations, a temporary restraining Or
der was issued against the defendants, which
WAS at once wholly disregarded and treated
with contempt by those to whom it was di-
rected.
These proceedings have been widely de-
nounced as an unwarrantable interference by
the Federal Judiciary with the election of
State officers, but it is to be remembered that
by the Fifteenth Amendment to the Constitu-
ton of the United States the political equali
ty of colored citizens is secured, and
under the second section of that amendment,
providing that Congress shall have power to
enforce it's provisions by appropriate legisla-
hOn, an act was passed on the 31st of May,
1870 and amended in 1871, the object of
Which was to prevent the denial or abri 7ge-
ment of the suffrage 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 by these
amendments 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 pur-
Suance thereof is too clear for controversy.
Section Is of said act, after numerous pro-
visions therein to prevent an evasion Of the
Fifteenth Amendment, provides that the
Jurisdiction ct the Circuit Court 9f th e. United
arising under the provision of said act and of
the act amendatory thereof. Congress- seems
so have taken prompt and equitable as we'll as
legal proceedings to prevent the denial Of
suffrage to the colored citizens, and it may be
safely asserted that if Mr.. Kelogg's bill in the
above named case does not present case for
the equitable interpretation of the court
no such case can arise under the act. That
The courts of the United States have the right
to interfere in various ways with State cleo
tlons, so as to maintain political equality and
rights therein, irrespective of race or color
is comparatively new, and to some it seems
80 be startling, idea {; but it results as clear
ly from the Fifteenth Amendment of the Cen
stitution and the acts that have been passed
to enforce that amendment, as the abroga-
ton of State law upholling slavery results
from the Thirteenth Amendment of the Con-
stitution. While the jurisdiction of the court
IN the case of Kellogg vs.. 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 were illegal ;
but while they are SO held and considered, it
is not to be forgotten that the mandate of his
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 latitude not only in
those preventing the consummetion of the
wrong which he has judlc:ally 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 specially provide
for the use Of the army and navy when peees-
sary TO enforce judicial process arising there
under, considered it my duty to see that
such process was executed according
10 the judgment of the court. Resulting
from these proceedings through various con-
troversies and complications, State admins
tration was organized, with VIM. 2. Kellogg
as Governor, which, in the discharge OF my
duty, under section Of article of
the Constitution, have recognized as the
government of the State. It has been bit
&erly and persistently alleged that Kellogg
was not elected. Whether he was or not is
mot altogether certain nor is it any more
certain that his competitor, McEnery was
chosen. The election was a gigantic fraud,
and there are no reliable returns of it's result.
Kellogg. obtained possession OF the Office, and,
in my opinion, has more right to it than his
competitor.
On the Goth of February, 1873, the Commit
tee on Privileges and Elections of the Senate
made report, in which they say that they
are satisfied by the testimony that the man
ipulation of the election machinery by War
moth and others was equivalent to 20, 900
voters, and they add thut to recognize the
McEnery government would be recognizing
q government based upon fraud in defiance
of the wishes and intentions of the voters of
the State. Assuming the correctness of the
statements i'll this report and they seem
to, have been generally accented by the coun-
try, the great crime in Louisiana, about
which 80 much has been done and said, is that
one is holding the Office of Governor who was
cheated out of 10000 votes against another
whose title to the Office is undoubtedly based
on fraud, and in defiance of the wishes and
intentions of the voters Of the State. Misin-
formed and mirjudging as to the nature and
ovtant Of Lhig rAnnrt the 6unO0rtara of