Year: 1875

WASHINGTON, Jan. Is.


Below is the Presidents special mes
sage sent to the Senate to-day, in full.


To the Senate ofthe United States:


| have the honor to make the following
answer to Senate resolution of the 9Th
inst, asking for information as to any in
reference by any military officer, or any
part of the army of the United States,
with the organization or proceedings of
the general assembly of the State of
Louisiana, or either branch thereof, and
also inquiring in regard to the existence
of armed organizations in that State hos.
tile to the government thereof and intent
ON overturning such government by force.


To say that lawless men, 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 become well known as
part of its unhappy history. But it may
be proper here to refer to the election of
1868, by which the Republican vote of
the State, through fraud and violence, was
reduced to few thousand, and 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 FEEDER
al authorities. Preparatory to the cleo
ton of 1872 a shameful and undisguised
conspiracy was formed to carry that cleo
ton against the Republicans without re-
gard to law or right, and to that end the
most glaring frauds and forgery were
committed in return. After many color
ed citizens had been denied registration
and others 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 Re
publican candidate for Governor, brought
suit upon the equity side of the United
States Circuit Court for Louisiana, and
against Yarmouth and others, who had
obtained possession of the returns of the
election, representing that several thou
sand voters of the State had been depriv-
ed 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 enquire as to the truth of these allega-
tions, a temporary restraining order was
issued against the defendants, which was
wholly disregarded and treated with con-
tempt by those to whom it was directed


THE LOUISIANA STATE GOVERNMENT.


These proceedings have been widely de-
nounced as an unwarrantable interference
by the Federal judiciary with the election
of State officers, but it is to be remember
ed that by the Fifteenth Amendment to
the Constitution of the United States, the
political equality Of the colored citizens
is the same, and under the section of that
amendment providing that Congress shall
have the power to enforce its provisions
by appropriate 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 suffrage to any citizens on account of
race, color or previous condition of servi-
tude, and that it has been held by all the
Federal Judges before whom the ques-
ton has arisen, including Justice Strong,
of the Supreme Court, that the protec-
ton afforded by these amendments and
these acts, extend to State as we'll as to
other elections; and that it is the duty of
the Federal Courts to enforce the provis-
ions of the Constitution of the United
States and the laws passed in pursuance
thoroof &c boo oloor Co.. Co.
ton Is of said act, after numerous pro-
visions therein to prevent the evasion of
of the Fifteenth Amendment, provides
that the jurisdiction of the Circuit Courts
of the United States shall extend to all
cases in law arising under the provision Of
said act and the amendatory thereof
Congress seems to have contemplated
equitable as we'll as legal proceedings to
prevent the denial of suffrage to colored
citizens, and it may be safely asserted
that if Kellogg's bill in the above named
case does not present case for the equit-
able interposition 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
State election so as to maintain political
equity and rights therein irrespective of
race or color, is comparatively new, and
to some, seems to be startling idea, but
it results as clearly from the Fifteenth
Amendment of the Constitution, and the
acts that have been passed to enforce
that amendment, as the abrogation of
State laws upholding slavery results from
the Thirteenth amendment to the Con-
stitution.


While the jurisdiction of the court in
the case of Kellogg VS. Yarmouth and
others was clear to my mind, it seems
that some of the orders made in that and
kindred cases were illegal But while
they were so held and considered it is not
to be forgotten that the mandate of his
court has been contemptuously defed,
while wild scenes of anarchy were sweep
ing away all restraint of law and order
Doubtless the Judge of this court made
grave mistake but the law allows the
chancellor great latitude, not only in pun
ishing contempt of his orders and injunc-
tions but preventing the consummation
of the wrong which he has judicially for
bidden. Whatever may be said or thought
of these matters it was only made known
to me that the process of the United
States Court was resisted, and as said act
specially provides for the use of the army
and navy when necessary to force judicial
process arising Hereunder, l considered
it my duty to see such process was exc
cuted according to the judgment of tie
court.


Resulting from these proceedings
through various controversies and COM
plications, State Administration was Or
ganized with VIM. P. Kellogg as Cover
nor, which, in the discharge of my duty
under section 4 of article 4 of the cor
stitution, have recognized as the Gov
ernment of the State. It has been
bitterly and persistently alleged that
Kellogg was not elected. Whether he
was or not, is not altogether certain, nt I
any more certain that his competi:
tor, McEnery, was chosen. The election
was gigantic fraud, and there are no re-
liable returns of its result. Kellogg OF,
tanned possession of the Office, and, in my
opinion, has more right to it than his
competitor. On the goth of February,
1873, the Committee on Privileges of
Elections of the Senate made report, in
which they say that they are satisfied, by
the testimony, that the manipulations of
the election machinery by Yarmouth and
others was equivalent to 10000 voters