Knoxville journal. [volume] (Knoxville, Iowa) 1874-1986, 1875-01-21
PRESIDENTS MESSAGE ON LOU-
ISIANA AFFAIRS.
To tbc Senate of the United States:

To the Senate of the United States:
have the honor to make the following answer
to q Senate resolution of the 9Th inst, asking
for information as to any interference by any
military officer or any part Of the army Of the
United States with the organization or proceed
ings OF the General Assembly of the State of Lou
isiana, or either branch thereof and also inquir-
ing In regard to the existence OF armed organiza
lions in that State hostile TO the Government
thereof and intent on overturning such Govern
ment by force.
To say that lawlessness, turbulence and blood
shed have characterized the political affairs OF that
State since its organization Under the Reconstruc-
ton acts Is only 10 repeat what has become well
known az part OF It's unhappy history; but II may
be proper here to refer to the election OF 1865 by
fraud and violence, was reduced TO few thou
sand and the bloody riots OF 1866 and 1865 to show
disorder. These are not due to any recent
causes or 10 any late action OF the Federal au-
thorites. Preparatory TO the election OF 1872
shameful and undisgused conspiracy was formed
to carry that election against the Republicans,
without regard to law or right and TO that end the
most glaring frauds and forgeries were committed
in the returns, after many colored citizens
had been denied registration and Others
lots When the time came for a final
canvass OF the votes, In view Of the foregoing
facts, William p. Kellogg, the Republican candi-
date for Governor brought suit upon the equity
side OF the United States Circuit Court for Louis
ana, and against Warmoth and others who had OBJ
tanned possession of the returns Of the election,
state had been deprived OF the elective franchise
on account of their color and praying that steps
might be taken to have their votes counted, and
for general relief To enable the court to Inquire
rs to the truth Of these allegations. temporary
restraining order was issued against the defend.
ants, which was at once wholly disregarded and
treated with contempt by those to whom 1t was
directed.
These proceedings have been widely denounced
| ~ an understandable interference by the Federal
judiciary with the election OF State officers but
| Il Is to be rememb ered 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 nave
legislation, an act was passed on the 3lst OF May,
1870 and amended In 1871, the object OF which WAS
| to prevent the denial or abridgment OF the sur
| frsge Of citizens on account of race, color or
previous condition Of servitude, and II has been
| held by all the Federal Judges before whom the
| question has arisen, including Justice Strong Of
F., the Supreme Court, that the protection afforded
by these amendments and these acts extends to
State as well rs to other elections.
| That 1t is the duty of the Federal Courts to en-
| force the provisions of the Constitution OF the
United States, and the laws passed In pursuance
the:eof, Is too clear for controversy. Section hf-
teen OF said act, after numerous provisions therein
| to prevent an evasion OF the Fifteenth amend
ment provides that the Jurisdiction OF the Circuit
| Court Of the United States shall extend to all
cases in law or equity arising under the provision
OF said act and OF the act amendatory thereof.
| Congress seems to have taken prompt and equta-
BILE well legal proceedings to prevent the de-
NAL OF suffrage to the coored citizens, and II may
be safely asserted that II Mr. Kelloggs bill In the
above. named case does not present case for the
equitable nterposition Of the court, that such
case can arise under the act. That the courts Of
| the United States have the right to interfere in
various ways with State elections, SO as TO main
tain political equality and rights therein, ire
speciive OF race or color, Is comparatively new,
results as clearly from the Fifteenth amendment
| OF the Constitution and the acts that have been
| passed TO enforce that amendment as the abroga-
tion Of State laws upholding slavery results from
| the Thirteenth amendment OF the Constitution.
| While the jurisdiction OF the court In the case
Of Kellogg ps. 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 are so held
and considered 1t is not TO be forgotten hat the
mandate OF his court had been contemptuous-
| Of anarchy were sweeping away all restraint
OF law and order Doubtless the Judge of
this court made grave mistakes, but the law al
lows the Chancellor great latitude not only In
| Furnishing those contemning his orders but those
| preventing the contamination OF the wrong which
he has iudicially forbidden. Whatever may be
| said or thought OF these matters II was only made
known TO me that the process OF the United States
| Court was resisted, and as said acts spe-
cially provide for the nee Of the army
and navy when necessary to enforce ju-
dicial process arising hereunder l con-
siaered II my duty to see that
/
| from these proceedings, through various contro-
versies and complications, State administra-
1 tion was organized, with VIM. y, Kellogg as Gov
| ernor, which, in the discharge Of my duty, under
Sec. OF Art. 4 of the Constitution, have recog-
nized as the Government OF the State. 1t has
been bitterly and persistently alleged that KEEL
| logg was not elected Whether he was or not IL
not altogether certain; IL Ii any more certain
| that his competitor, McEnery, was chosen. The
election was gigantic fraud, and there are no
| reliable returns OF its result Kellogg obtained
| possession Of the Office, and, in my opinion, has
| more right to Il than his competitor.
| On the Goth OF February, 1873, the Committee
on Privileges and Elections of the Senate made a
report In which they ray that they are satisfied by
the testimony that the manipulation OF the cleo
| ton machinery by Warmoth and others was equiv
alent to 1000 voters, and they add that to recog
| nize the McEnery Government would be recognize
| ing Government based upon fraud, In defiance
OF the wishes and intention OF the voters Of the
| State. Assuming the correctness OF the state
ments in this report, and they seem to
country, the great crime in Louisiana abous
which SO much has been done and
said IL that one 10 holding the Office OF Governor
/ who was cheated out OF 10000 votes against an
/ other whose title to the office Is undoubtedly
| based on fraud and In defiance OF the wishes and
| formed and misjudging as to the nature and ex-
tent OF this report the supporters OF McEnery pro-
ceeded to dsplace by force In some parts OF the
State the appointees of Gov. Kellogg, and on the
l3h of April in an effort OF that kind, butchery
Of citizens was committed at Colfax, which, in
surpassed by any acts Of savage warfare.
10 put the matter beyond controversy
quote from the charge Of Judge Wceis, Of the
United States Circuit Court, 10 the jury In the
case Of the United States cs. Cruikshank and
Others in New Orleans, In March, 1874. He said:
A here M A,