Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1875-01-22
LOUISIANA.
special Message OF PresIdent Grant.
II, fLe Qe,,oIs nj ybc Trns,,,j Qyofos

I DY any DllllldTH OlutcIsy VI diN
| part OF the army of the United States, with
the organization or proceedings Of the gen
| eral assembly of the State of Louisiana, OF
| either branch thereof, and also inquirine
| in regard to the existence of armed organ
| izations in that State, hostile to the govern
| mcnt thereof. and intent ON overturning
! such govern nmcnt by force. To say that
| law essness, turbulence and bloodshed
have characterized the political affairs OF
that State since its reorganization under
the reconstruction act, Is only to repeat
what has been known as a part of its un-
happy history; but il may be proper here
10 refer to the election OF 1868, by which
the republican vote of the Slate, 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 10 any
late action of the federal authorities. Pre-
paratOry TO the election of 1872, shamcfHl
and undisguised conspiracy was formed
TO carry the election against the republic
cans without regard to law or right. 10
that end frauds and fOrgeries were COM
Ihitted Ia the returns, alter 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 fore
going facts, William L. Kellogg, Iepubli-
can candidate for governor, brought Il suit
upon the equity side of the United States
circuit court for Louisiana, against War
moth and others, who bad obtained pos
session of the returns Of the election, rep
resenting that several thousand voters OF
the State had been deprived OF their cleo
tion rights on 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 these allegations. A temporary
restraining order was issued against the
defendants which was at once wholly dis
regarded and treated with contempt by
those to whom ii was directed.
These proceedings have been widely de-
nounced as an unwarrantable interference
by the federal judiciary with the election
OF state officers, but II Is to be remembered
that. by the fifteenth amendment to the
constitution of the United States the polit-
ical equality of colored citizens Is secured,
and under the second section or that
amendment, providing that Congress shall
have power to enforce its provisions by APP
propriate legislation, an act was passed, on
the 3lst Of May, 1870, and amended In ISL
the object Of which was TO prevent the de-
NAL or abridgement OF suffrage TO citizens
on 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 pro-
lection afforded by this amendment and
these acts extends 10 state as well as 10
other elections. 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 for controversy. Section Is OF
said act, after numerous provisions there
on to prevent an evasion of the fifteenth
amendment, provides that the Jurisdiction
OF the circuit 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 amendatory thereof. Con-
Cress seems to have contemplated equlta-
bic as well as legal proceedings 10 prevent
the denial OF suffrage 10 colored citizens,
and 1t may be safely asserted that il kel-
loggs bill In the above named case did not
present case for the equitable lnierposi-
lion of the court, no such case can arise
under the act That the courts Of the Uni
ted States have the right TO interfere In va
rious ways with state elections, so as to
maintain political equality aud rights, ir-
respective of race or color, Is comparative
ly new, and TO some seems TO be a start
ling idea, but ii results as clearly from the
fifteenth amendment to the constitution
and the acts that have been passed 10 en-
force that amendment, as the abrogation
OF state laws upholding slavery results from
| the 18Th amendment.
While the jurisdiction of tAe court in the
| case of Kellogg VS. Warmoth aud 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, are illegal
| but while they are so held and considered,
| 1t is not to be forgotten that the mandate OF
| his court had been contemptuously deted.
aud that they were made while wild scenes
of anarchy were sweeping away all re-
| straipt Of law and order. Doubtless the
| judge of this court made grave mistakes
| but he law allows the chancellor great lat
itude, not only in Furnishing those who
| contemn his orders and injunctions, but
| in preventing the consummation of the
| wrong which he has judlcially forbidden.
Whatever may be said or thought of these
| matters, ii was only made known 10 me
that the process of the United States court
| was restricted, and as said act specially Y
| provides for the use OF the army and navy,
| when necessary, to enforce judicial process
arising there under, considered 1t my duty
| TO see that such process was executed ac-
| cording to the Judgment OF the court re-
| sullinS from these proceedings. Through
| various controversies and complications, q
| state administration was organized, with
| William r. Kellogg as governor, which In
| the discharge OF my duty, under section 4
| OF the constitution, / have recognized as
the government OF the State.
1t has been bitterly and persistenlly al
| legged that Kellogg was not elected. Wheth-
| er he was or was not is not altogether GER
| tain, nor is it any more certain that hi.
election was a gigantic fraud, and there are
| no reliable returns of its result. Kellogg
| obtained possession of the office, aud IL
my opinion, has more right 10 1t than his
competitor. On the Goth OF February, 1873
the committee on privileges and election,
of the Senate made a report, in which they
say they were satisfied by testimony lha
the manipulation of the election machine
ry by Warmoth and others was equivalent
TO &c, 900 votes, and they add that 10 recOg'
nze the McEnery government would bC
recognizing government based upoI
fraud, in defiance of the wishes and inten
ton OF the voters OF tho State. Assuming
the correctness OF the state menls In this re
port,-and they seem TO have been gener
ally accepted by the country,-the grea
crime in Louisiana, about which so mucl
has been said, Is that one is holding the Of
fee Of governor who was cheated out o
| twenty thousand votes, against another
whose title TO the office is one Of fraud au(
defiance of the wishes and Intentions Of thu
voters of the State.
Mlslnformed and misjudglng as TO tn
nature and extent of this report, the sup
porters of McEnery proceeded to displac
by force in some counties of the Stale tn
appoinlees of Gov. Kellogg, and on tn
| 18Th of April, In an effort of that kind,
bulchery of citizens was oommiled at Col
fax which was hardly surpassed by an,
acts of savage warfare. 10 put the matte
beyond controversy, ! quote from lhj
charge of Judge Woods OF the Unite,
States circuit court, to the jury, in the cas-
OF the United States VS. Cruikshank an,
others IN New Orleans, in March, 1874. II
said:
"In the case on trial, there are many fact
not In controversy. l proceed to stat
some OF them In the presence aud hearin
of counsel, on both sides, and IL state a
a conceded fact any matter that is disputed
they can correct me-"
Afler stating the origin of the difficulty
which grew out Of ap attempt Of white per
sons to drive the parish judge and sheril
(appointee Of Kellogg) from Office, an
their atlempted protection by colOred MOI