Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1875-01-21
: To the Senate Of the u. 8.

carry that election against the Keput'
licans without regard to law or right
and to that end the most glaring fraudl
and forgery were committed
| in the returns. After many colored
citizens had been denied repatriation
and others deferred BY fear from est.
| ing their ballots when the time came
for the final canvas OF votes, In view
Of these fraudulent acts, VIM. r. Kel.
logg, Republican candidate for Gov.
ernor, brought suit upon the equity
side ofthe q. 8. Circuit Court fol
Louisiana, and against Warmouth and
others who had obtained possession ol
the returns Of the election, represents
ing that several thousand voters OF the
State had been deprived OF the elective
franchise on account of their color, and
praying that steps might Be taken ia
have their votes counted and for q
writ OF relief to enable the court to On.
quire as to the truth Of these allegations
. temporary restraining order was is-
sued against the defendants which was
at once wholly disregarded and treat
ed with contempt by those to whom II
was directed.
These proceedings have been wide
ly denounced as an unwarrantable In
terference by the Federal judiciary
with the election Of State officers, but
it 10 to be remembered that by tho
Fifteenth Amendment to the C0ustitn.
ton of the United States the political
equality Of colored citizens 10 secured
aud under the I'd Sec. of that amend
ment, providing that Congress shall
have the power TO enforce its provis-
ions by appropriate legislation. This
act was passed on the 3lst of May,
1870, and amended in 1871, the OBJ
ject Of which was to prevent the
denial or abridgement of the sun.
rage of citizens on account OF race,
color or previous condition Of servf.
tude, and It has been held by all fed
eral judges, before whom the question
has arisen, including Justice Strong Of
the Supreme Court, that the protection
afforded by this amendment, and these
acts extend to State % we'll ~ to other
elections. That il 10 the duty of the
federal courts to enforce the provisions
of the Constitution Of the United
States and the laws passed in pursu.
Snce thereof 10 too clear for controver.
sy. Section fifteen Of said act, after
numerous provisions therein 10 pre-
vent an evasion Of tho Fifteenth
Amendment, provided that the juris.
Ssesa yHssesa y.stlss stl s8s s8ssHss .3gSSss Z. =.
cases in law or equity arising un-
der the provisions Of said act and
Of the act amenda.ory thereof. Con.
gress seems to have contemplated
equitable as well as legal proceedings
to prevent the denial Of suffrage to
colored citizens, and it may be safely
asserted that II Kelloggs Bill, in the
above named case, does not present .
case for equitable Interpretation Of the
court that no such case cam arise under
the act. That the courts OF the U. 8.
have the right to interfere in various
ways with State elections, 50 90 10
maintain political equality and rights
therein, irrespective of race or color, is
comparatively new, and to some seems
to be . startling idea; bnt 1t re-
suits as clearly from the fifteenth
amendment to the Constitution, and
to the acts that have been passed to
enforce that amendment, as the abro-
CATION of State laws upholding slavery
results from the 18th amendment OF
the Constitution. While the jurisdic-
tion OF the Court IN the case Of Kel-
logg ys. Yarmouth and others 10 clear
to my mind, Il seems that some OF the
orders made by the Judge In that and
kindred cases Of action wore illegal.
But while they are 90 held and consid-
cred, it il not to be forgotten that the
mandates ofthis Court had been con-
temptnously defed, and that they
were made while wild scenes
of anarchy were sweeping away
all restraints OF law and order. FN
Doubtless the Judge OF this court
made grave mistake, but the law al.
lows . chance for great latitude,
In punishing those who defy hia
orders and injuuctions for preventing
the consumation Of the wrong which
he has judicially forbidden. What
ever may be said or thought Of these
matters II was only made know 70
me that the process Of the United
States Court was resisted, and % said
acts specially provide for the use ol
the army aud navy, when necessary to
enforce judicial process arising there
under, / considered It my duty to zee
that such process was executed accord
ing to tho judgementjof the Court.
Resulting from these proceedings
through various controversies and
complications, the State admins.
| tratiOn was organized with VIM. p,
Kellogg 40 Governor, which In the
discharge OF my duty under Section
A Of article 4 Of the Constitution, ]
have recognized - the Government Ol
the State. Il has been bitterly and
persistenly alleged that kellogg wa
not elected. Whether he was OF not,
Il 10 by no means altogether certain,
nor any more certain, that his compel.
itor, McEnery was chosen. The cleo
tion was great, gigantic fraud, and Il
there are not reliable returns by it, re-
suit Kellogg Obtained posssssion oflhs
Office, and, In my opinion, has more
right to it than hid competitor.
On the 10th Of February, 1873, the Com.
mittee ON Privileges and Elections oil
the Senate made Q report IN which
they say that they are satisfied BY tes.
timony that the manipulation Of tn
elective machinery BY Warmouth and
others was equivalent 20 $1,000 vOtel
and they add that TO rseogniae The No
Emery government would be sscoRni.
xing government bassd upon ffaud
In defiance OF the Wiahes and inten
tions ofthe voters Of the State. Mis
informed and misjudging q TO the No
turc and extent Of fthis report, support
ters OF McEnery proceeded to displsce
by force. in some parts Of the State thl
appointces Of Gov. Kellogg, and ON th,
18th Of April In an EFFORT o
that kind . butchcry Of citizenl
was committed It Colfax, whicl
Ii blood thirStiness and barbarit,
ID hardly surpassed by any cot Of sav
age warfare. 10 put the matter b
you'd controversy I quote from th'
charge of Jpdss Wood, q ths q. !