Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1875-01-22
bPRESIDRNT'S MESSAGE ON LOU
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hPREsTDRNT'S MESSAGE ON LOU
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To the Senate of the United States, f.f, q. a
have the honor to mako the following answer
to a Senate resolutloh % the sth tnst., askInl
military oicsr ar sHS part os the amy q 5ss %
United states with the organization or proceed
ings Of the General Assembly q The stste q Lou
Ting IN regard 10 the existence of armed oreaniza
ti0us In that State hostile to the Government
thereof and intent on overturning such Govern
To say that lawlessness, turbulence and blood
shed have characterized the political affairs Of that
stete since its sorgauizston nnder the Reconstruc:
I ton acte Is only to repeat what has become well
known as apartof itsnnhappy hi tory I; bat It may
be proper mere to refer to the aectior of 1853 by
ihs Sa FsRSSssn o. yse q % sa RrGSngh
disorder THESE arc not due to any recent
causes or TO any late action OF the Federal au-
thorilies, Preparatory to the election Of 1872 a
shameful and undisgused conspiracy was formed
70 carry that election againet the Republicans,
Without tegatd 10 Law or right and to that end the
most glaring frauds and fotgerles were committed
in the eTetarns, after many colOredp eitl gems
had been dehied legistFahon and Others
lots. When the time came for a final
canvass Of the votes, in view OF the foregoing
facts facts william 7: Bellogg, the Republican candl-
ide of The United Sfates Circuit Court for Jonisf
ana nnd nsainet Warmoth and Others who haf oh
tained possession Of the returns Of the election,
representing that several thousand voters Of the
State had been deprived Of the elective franchise
on account Of their color, and praying that steps
might he taken to have their votes counted, and
/ for geiefal relief To enable the court to inquire
| as to the truth Of these allegations a temporary
restraining order was Issued against the defend
| ants, which was at once wholly disregarded and
| treated with Coz Tempt by those to whom II was
directed.
These proceedings have been widely denounced
as an unwarrantable interference by the Federal
judiciary with the election Of State officers, but
1t is to be remembered that by the Fifteenth
sses hs SD1s"9R OF sooEsd e e Sis
secured, and under the second section Of that
amendment, providing that Congress shall have
power to enforce its provisions by appropriate
legislation an act was passed on the 3ist Of May
1870, and amended in 1871 the object of which was
to prevent the denial or abridgment Of the suf-
sf o. an Il bs9 SUGr BeeT G5
held BY all the Federal Judges before Whoin the
question has artsen including Justice Strong, Of
by these amendments and these acts extends TO
State as well as to other elections.
That H. i il The Saiy Of the Federal conIs to en-
United states, and tho laws passed in pursuance
the.eof, Is too clear FOR eonlf6versy. Secfon a.
to prevent an evasion Of tSe Fiftsentb amend.
ment provides that the jnrisdicson 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 equita-
bic as we'll a. legal PrOeeedings 20 prevent the de-
nial OF suffrage TO the cdiored citizens and II may
be safely asserted that II Mr. Kelloggs bill in the
above-named case does not present cas for the
equitable nterposition Of the court, that no such
case can arise under the act. That the courts Of
the Uhited Stats have the right to interfere in
various ways with State elections, 30 as 10 main
tain political equality and rfghts therein. ire
a ia rat n nj
and to some IL seems to be startling idea but IL
results as clearly from the Fifteenth Amendments
OF the Constitution and the acts that have been
passed to enforce that amendment AZ 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 RS Warmoth and Others is clear
to my mind. 1t seems thar some OF the orders
made by the Judge in that and the kindred case
OF Antoine were illegal, but while they go held
and considered 1t Ia not to be forgotten that the
mandate OF his court had been contemptusus-
ly defed; and they were made while wild scenes
Of anar>~hy we're eweeping-eaway al restraintI
Of law kand order. Doubtless the Judge OF
this court made grave mistakes but the law al
Swf the base sst oa not only IN
preventing the contamination OF the wrong which
he has judicialy 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-
ciaIly provide for the use OF The army
and navy when necessary to enforce ju-
diciaf process arising hereunder l icon-
:iaf;ed :HSs nrois. j. my duty to zee hat
from these proceedings, through various contro--
yersies and complications, State administra-
tion was organized, with VIM p. Kellogg as Coy
ernor, which, in the discharge Of my duty, under
Sec. Of Art. of the Constitution, / have recog-
nized as the Government of the State. II has
been bitterly and persislently alleged that kel-
logg was not elected. Whether he was or not is
not altogether certain; nor Is Ii any more certain
that his competitor McEnery, was chosen. The
oil IL saNUa aud
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 20th OF February, 1S73 the Committee
on Privileges and Elections OF the Senate made a
report in which they say that they are satisfied by
the testimony that the manipulation OF the cleo
tton machinery by Warmoth and others was equiv
alent TO 0,000 voters and they add that TO recog-
nize the McEnery Government would be reeogniz-
OF the wishes and intention OF the voters Of the
State. Assuming the correctness of the state
meuts In this report, and they seem TO
country, the great crime in Louisiana about
which 20 much has been done and
said Is that ono is holding the office Of -GOyOrnOr
other whose title to the Office il undoubtedly
based on fraud and in defiance OF the wishes and
intentions Of the voters Of the State Misin-
formed and misiudging as to the nature and ex
tent OF this report, the supporters of McEnery pro-
ceeded TO displace by force in some parts OF the
State the appointees of Gov Kellogg. and on the
18th Of April in an effort of that kind. butchery
Of citizens was committed at Colfax, which, in
bloodthirstiness and barbarity, is hardly
surpassed by any acts of savage warfare.
To put the matter beyond controversy l
quote from the charge Of Judge Woods, Of the
United States Circuit Court, TO the Jury in the
case OF the United States rs. Cruikshank and
Others, in New Orleans, in March, 1854. He said:
" In the case on tFial there are many facts not 10
cSon,royersy ! proceed % state some q them in
andh state as seonceded fact any matter that
Is disputed theyean correct me." After stating
the origin OF the dificulty, which grew out Of an
Judge and sheriM Appoip tees OF Kellogg, from
Office and their attempted protection by c0lored
persons, which led to some ngbting IN which quite
number of negroes were killed, the Judge states
that most OF those who were killed were taken
prisoners. Fifteen or sixteen Of the blacks had
filted the board and taken refuge under the hoor
Of the C0nrt-House. They were all captursd;
about thirty-seven men were taken prisoners; the
number is not definitely fixed. They were kept
under guard until dark. They were led out two
bytwo and shot, Most Of the men were shot to
death. A few were wounded, not mortality and.
bypretending 70 be dead we're aftefward, during
mem g All Essou s SsmeS dsispf IL ssnSs A@Re
ment The dead bodies Of negroes killed In this
affair were left unburied til Tuesday, April i5
when they were buried by Deputy Marshal and an
officer Of the militia from New Orleans. These per
sons found ffty-nine dead bodies They showed
pistolshot wounds. the great majority In the heart,
and many of them in the back OF the head. In
addition TO tho head found some charred remains
Of dead bodies we're discovered near the Court.
HOUSE. lSfA Ocuu OOuleb -NefeaslOunu under q
warehouses all shot In the heart but one or two,
which were. shot v the breast. The only white
men thjufed fr0tHs the abeeinning Of the troubles
to their close were HadnOt and Harris. The
Court-House and its contents were entirely con-
sumed. There is no evidence that anyone In the
crowd Of the whites bore any lawfnl warrant for
the arrest Of any Of the blacks. There Is ne eyi-
dence that either Nash or Cazabat, after the
affair ever demanded trial before an officer who
even set up claim to legally act, but the Regis
.er s0ntinued 70 act as Parish Judge. Al
These are the facts In the case, asI understand
hem " be admitted TO hold the people Of
Iotiislana generally responsible for these atroc-
titles would not be JUST but 1t is lamentable
fact that insuperable distractions were thrown in
the way Of Furnishing these murderers, and the so
called fConserYatiVeP papers of the. State not
only lustinedi the nlassaere -but denounced as
Federal tyranny and despotism" the attempt Of
the United States officers to bring them to JUS
tice. Fierce denunciations ring through the
country about ofhce-holdlng and election
matters in Louisiana, while every one of
the Coltax misclsants g0es.,r unwhippeaa OF
justice. and no Way ead be iopnd In this
hOa4Iod land Df ciyilfzntlon and Christianity 70
puufsh I'M trat al thln hoafiV and mon.