The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1875-01-20
THE PRESIDENTS MESSAGE
On the Subject of Louisiana Affairs.
and Concerning the Use of the Army


and Concerning the Use of the a rm y
in New Orleans.
To the Senate of the United States:
[ have the honor to make the fol i.
lowing answer to a Senate resolution
of the Sth inst, asking for informa-
ton as to any interference by any mill
tary officers, or any part of the army
of the United States, with the organi
zation or proceedings of the General
Assembly of the State of Louisiana
or either branch thereof, and also in
! quiring in regard to the existence of
| al armed organization in that section
| hostile to the government thereof, and
| intent on overturning such govern
ment 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 only to repeat what has be-
come well known as part of its unhap-
py history; but it may be proper here
to refer 10 the election of 1868, by
which the Republican vote of the
State. through fraud and violence,
was reduced to few thousands, and
to 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 Federal authorities,
| preparatory to the election of 1872
A shameful and undiseuised con-
| spiracy was formed to carry that cleo
tion against the Republicans without
regard to law or right, and to that end
the most glaring frauds and forgery
| were committed. After many colored
citizens had been denied registration
and others been deferred by fear from
casting their ballots, when the time
came for a final canvass of the votes,
in view Of the foregoing facts, VIM.
p. Kellogg, the Republican candidate
for Governor, brought suit upon the
equity side of the Circuit Court for
Louisiana, and against Warmoth and
others who had obtained possession
of the returns OF the election, repre-
senting 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
for general relief. To enable the
these allegations, a temporary restrain
ing order was issued against the de-
PENDANTS which was also wholly disrc-
those to whom it was directed. These
proceedings have been widely de-
nounced as an unwarranted interfer-
ence by the Federal judiciary with the
election of State officers, but it is to
be remembered 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,
providing that Congress shall have
power to enforce its provisions by ap-
propriate legislation, an act was pass
ed on the 3lst of May, 1870, and
amended In 1871, the object of which
was to prevent the denial of abrdg-
ment of suffrage to citizens on account
of color or previous condition of SER
vitude, and it has been held by all the
Fedaral judges before whom the ques-
ton has arisen, including Justice
Strong, of the Supreme Court, that
the protection afforded by the amend
ment, 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 pursuance thereof,
is too clear for controversy. Section
fifteen Of the said act, after numerous
provisions therein to prevent an eva
sion of the fifteenth amendment, pro-
vides that the jurisdiction of the Cir
cult Court of the United States shall
extend to all cases in law or equity
arising under the provisions of said
act and of the act amenatory thereof.
Congress seems to have contempla.
ted equitable as well as legal proceed
ings to prevent the denial of suffrage
to colored citizens, and it may be safe
ly asserted that if Kellogg's request
in the above named case does not
present case for the equitable inter-
position of the court, that 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 main
tain political equality and rights there
in, irrespective of race or color, is
comparatively a new, and to some
seems to be "A startling idea, but it
results as clearly from the fifteenth
amendment to the constitution and
the acts that have been passed to en-
force the amendment, as the abrOga-
ton of State laws upholding slavery
results from the thirteenth amend
ment to the constitution. 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 mandates of his
court had been contemptuously defed,
and they were made while wild scenes
of anarchy were sweeping away all re-
straints of law and order. Doubtless
the Judge of this count made grave
mistakes, but the law allows the |
Chancellor great latitude, not only in |
Furnishing those who condemn his |
orders and instructions, but prevent
ing the consummation of the wrong |
which he has judiciously forbidden |
these matters. it was only made known |
to me that the process of the United |
States Court was resisted, and as said |
the army and navy when necessary to |
enforce judicial process arising there
under, [ considered it my duty to see |
such process executed according to |
the courts. Resulting from these |
proceedings, through various contro-
versies and mplications, State ad-
ministration was organized, with VIM.
p. kellogg as Governor, which, in
the discharge of my duty, under sec
rion 4, article 4 Of the constitution, /
have recognized as the government
of the State. 1t has been bitterly and
rersistently alleged that Kellogg was
not elected Whether he was or not /
is not altogether certain, nor is it any