Year: 1875

ing answer to Senate resolution of the
Sth instant, asking for information Of
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 Louisiana, or either branch
thereof, and also inquiring in regard to
the existence of armed organizations in
that State, hostile to the Government
thereof, and intent on overturning such
Government by force.


GENERAL TURBULENCE IN LOUISIANA.


To say that lawlessness, turbulence
and bloodshed have characterized the
political affairs of that State since its re-
organization under the reconstruction
acts, is only to reveal 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 a
few thousand, and the bloody riots of
1866 and 1868, to show that the disor-
ders there are not due to any recent
cause, or to any late action of the Fed
eral authorities. Preparatory to the
election of 1872


A SHAMEFUL AND UNDIsGusED con-


sPIRACY


was formed to carry that election against
the republicans, without regard to law
or right, and to that end the most glar-
ing frauds and forgeries were committed
in the returns, after many colored eiti-
zens 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 republican candidate for governor,
brought suit upon the equity side Of the
u. S. Circuit Court for Louisiana and
against Yarmouth and others, War
mouth had obtained possession of the
return 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 be taken to have said
votes counted and for general relief
To enable the Court to inquire as to the
truth of these allegations temporary
restraining order was issued against the
defendents, which was at once wholly
disregarded, and


TREATED WITH CONTEMPT


BY those to whom it was directed. The
proceedings have been widely denounced
as an unwarrantable interference by the
Federal Judiciary with the election Of
state officers, but it is to be remembered
that by the 18th amendment to the Con
stitution of the United States the polti
cal equality of colored citizens is secured
and under the I'd section of that amend
ment providing that congress shall have
power to enforce its provisions by appro.
pirate legislation an act was passed OIL
the 31st of May, 1870, and amended il
1871, the object of which was to prevent
the denial of abridgment of suffrage tc
citizens on account of race, color, or pre-
vious condition of servitude. 1t has
been held by all the Federal Judges be.
fore whom the question has arisen, in
Guiding Justice Strong of the Supreme
Court, that the protection afforded by
this amendment and these acts extend to
states as well as other elections. That il
is the duty of federal courts to enforce
the provisions of the Constitution of the
United States and the laws passed in
pursuance thereof, is too clear for con.
troversy. Section Is of said act, after
numerous provisions therein to prevent
an evasion of the 10Th amendment, pro-
vides 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. Congress seems to havecon
templated equits BILE as well as legal pro.
ceedings 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 did not present a case for the
equitable interposition of the Court, that
no such case can arise under the act.


RIGHTS OF U. s. COURTS.


That the Courts of the United State:
have the right to interfere in variou,
ways with state elections so as to main
tain political equality and rights therein
irrespective of race or color, is compare
lively new and to some seems TO be 8
startling idea but it results as clearly
from the fifteenth amendment to tn,
Constitution and the acts that have beer
passed to enforce that amendment, as the
abrogation of state laws upholdingslavery
results from the 18th amendment to tbs
Constitution. While the jurisdiction o
the Court in the case of Kellogg War
moth and others, is clear to my mind, i
Il Z Il