Rensselaer Union, Volume 7, Number 18, Rensselaer, Jasper County, 21 January 1875 — PRESIDENT’S MESSAGE ON LOUISIANA AFFAIRS. [ARTICLE]

PRESIDENT’S MESSAGE ON LOUISIANA AFFAIRS.

To the Senate of the United States: I have the honor to make the following answer to a Senate resolution of the Bth 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 proceedings of the General Assembly of the State ot Louisiana, or either branch thereof, and also inquiring in regard to the existence of armed organizations in that State hostile to the Government thereof, aud intent on overturning such Government hy force. To say that lawlessness, turbulence aud bloodshed have characterized the political affairs of that State since its organization under the Reconstruction acts, is only to repeat what has become well known as a-pa’rt of its unhappy history; but it may be proper here to refer to the election of 1838, by which the Republican vote of the State, through fraud and violence, was reduced to a few thousand, aud the bloody riots of lSWiand 1868, to show disorder. These are not due to any receut causes or to any late action of the Federal authorities. Preparatory to the election of 1872 a shameful and undisguised 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 deterred by fear from casting their ballots. When the time came for a final C*n-“*s of the votes, in view of the foregoing facts, William P. Kellogg. the-Republican eandidate for Governor, brought suit upon the equityside of the United States Circuit Court for Louisiana, and against Warmoth and others who had obtained 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 be taken to have their votes counted, and for general relief. To enable the court to inquire as to the truth of these allegations a temporaryrestraining order was issued against the defendants. yvhicn was at once wholly disregarded and treated with contempt bv those to whom it was directed. The proceedings have been widely denounced as an unwarrantable interference by the Federal judiciary yvith the election of Slate officers, but it is to be rememberedthat by the Filteeuth amendment to the Constitution of the United States the political equality of colored citizens is secured, and uuder the second section ot that amendment, providing that Congress shall have power to enforce its provisions’ by appropriate legislation, an act was passed on the 31st of May, 1870, and amended ut 1871, the object of which was to prevent the denial or abridgment of the suftrage of citizens on account of race, color or previous condition of servitude, and it has been held by all the Federal Judges before whom the ‘ question has arisen, including Justice Strong, of the Supreme Conrt, that the protection afforded by these amendments aud these aats exteud to State as well as toother elections. That it is the duty of the Federal courts to enforce the provisions of the Constitution of the United Slates, and the laws passed in pursuance thereof, is too clear for controversy. Section fifteen of said act, after numerous provisions therein 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. Congress seems to have taken prompt and equita ble, as well as legal, proceedings to prevent the denial of suftrage to the colored citizens, and it may be safely asserted that if Mr. Kellogg's bill in the abovenamed case does not present a case for the equitable 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 elections, so as to maintain political equality and rights therein, irrespective of race or color, is comparatively a new, and to some it seems to be a 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 a* the abrogation of State laws upholding slavery results front the Thirteenth amendment of the Constitution, While the jurisdiction Ql the coqrt in the case of Kellogg ft. Warmoth 1 and - others is clear to my mind. It seems that sdme of the orders made by the Judge in that add the kindred case of Antoine were illegal, bnl while they are so. held and considered It is not to be forgotten that the mandate of his court had been contemptuoos ly defied, and they were made while wild scene* of anarchy were, sweeping away all restraint of

law and order. Doubtless the Judge of this court made grave mistakes, bat the law allow* tfi* Chancellor great latitude not only in punishing those ion tom fling his orders, -but those preventing the consummation of the wrong wkich he hsia judicially forbidden; Whatever may be aaid or thought of these matter*, it was only made known to me that the pro©eakofflie United States Conn was resisted, and as said acts specially provide for the use of the army and navy when necessary to enforce judicial process arising thereunder, I considered it my duty to see that such process was executed according to the judgment of the Court. Resulting from these proceedings 1 ,- through various controversies and complication*, a State administration wus organized, w ith Wm. P. Kellogg as Governor, which, iu the discharge of mv duty uuder Section 4of Article 4of the I have recognized as the Government of the State. It has been bitterly and persistently alleged that Kellogg was not elected. Whether he was or nut is not.altogether certain; nor is it any more certain that bis competitor, McEnerv, was chosen., The election was a gigantic fraud, and fherv are uo reliable returns of its result. Kellogg obtained possession of the office, aud, in mv- opinion, has more right to it than his competitor. On the 2uth of. February. 1873. 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 election machinery by Warmoth and others was equivalent to 20,000 voters, and they add that to recognize the McEnery Government would be recognizing a Government based upon fraud, iu defiance of the wishes aud intention of the voters of the State. Assuming the correctness of the statements in this report, and they seem to have been generally accepted by the country, the great crime m Louisiana about which so much has been done and said is that one is holding the office of Governor wno was cheated out of 20,000 votes, against another whose title to the office is undoubtedly based on fraud, and in defiance of the wishes and intentions of the votere of the State. Misinformed aud misjudging as to the nature and extent of this report, the supporters of McEnery proceeded to displace by force in some parts of the State the appointees of Gov. Kellogg, and on the 13th of April, in an effort Of that kina, a 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, I quote from the charge of Jndge Woods, of the United States Circuit Court, to the jury in the case of the United States vs. Cruikshank and others, in New Orleans, in March, 1874. He said: “In the case on trial there are many facts not in controversy. I proceed to state some of them in the presence and hearing of counsel on both sides, aud if I state as a conceded fact any matter that is disputed they can correct me." After stating the origin of the difficulty, which grew qntof an attempt of white person* to drive the Parish Jadge and Sheriff, apDOintees of Kellogg, from office, and their attempted protection by colored persons, which led to some fighting, in which quite a number of negroes were killed, the Judge states that “ most of those who wjre killed were taken prisoners. Fifteen or sixteen of the blacks had lifted the boards and taken refuge under the floor of the Court-House. They were all captured; 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 by two and shot. Most of the men were shot to death. A few were wounded not mortally, and by pretending to be dead were afterward, during the night, able to make their escape. Among them was the Levi Nelson' named in the indiotment. The dead bodies of negroes killed in this affair were left unburied till Tuesday, April 15, when they were buried by a Deputy Marshal and an officer of the militia from New Orleans. These persons found fifty-nine dead bodies. They showed pistol-shot wounds, the great majority in the heart and many of them in the back of the head. In addition to the dead found some charred remains of dead bodies were discovered near the CourtHouse. Six dead bodies were found under a warehouse, all shot in the heart but one or two, which were shot in the breast. The only white men Injured from the beginning of these troubles to their close were Iladnot aud Harris. The Court-House and its contents were entirely consumed. There is no evidence that anyone in the crowd of the whites bore any lawful warrant for the arrest of any of the blacks. There is no evidence that either Nash orCazabat. after the affair, ever demanded trial before an officer who even set up a claim to legally act; but the Register continued to act as Parish Judge.” These are the facts iii this case, sis I understand them to be admitted. ~ -To bold the people of Louisiana generally responsible for these atrocities would not be just; but it is a lamentable fact that insuperable obstretions were thrown in the way of punishing these murderers, and the so-called “Conservative" papers of the State not only justified the massacre, but denounced as “ Federal tyranny and despotism” the attempt of. the United States officers to bring them to justice. Fierce denunciations ring through the country about office-holding and election matters in Louisiana, while every one of the Colfax miscreants goes unwhipped of justice, and no wav can he found in this boasted land of civilization and Christianity to punish the perpetrators of this bloody and monstrous crime. Not unlike this was the massacre in August last. Several Northern yonng men of capital and enterprise had started the little and flourishing town of Couehatta; some of them were Republicans aud office-holders under Kellogg. They were, therefore, doomed to death. Six of them were seized and carried away from their homes and murdered in cold blood. No one has been punished and the “Conservative” press ol the State denounced all efforts to that end and boldly justified the crime. . Many murders -of a like character have been committed in individual cases, which cannot here be detailed. For example: T. S. Crafford, Judge of the parish, and the District Attorney of the Twelfth Judicial District of the State, on their way to the court, were shot from their horses by men in ambush on the Bth of October, 1873, and the wife of the former, in a communication to the Department of Justice, tells a piteous tale of Jhe persecutions of her husband because he was a Union man, and of the efforts made to seize those who had committed a cqme which, to use her lan guage, “left two widows and nine orphans desolate.” Te say that the murder of a negro or a white Republican is not considered a crime in Louisiana would probably be unjust to a great part of the people, but it is true that a great number of such murders have been committed and no one has been punished therefor, and it is manifestly true that the spirit of hatred and violence there is stronger than law. Representations were made to me that the presence of troops in Louisiana was unnecessary, and that there was no danger of public disturbance if they were taken away. Consequently early last summer the troops were withdrawn from the State, with the exception of a small garrison at New Orleans barracks. It was statefTlhat a comparative state of quiet had supervened; that the political excitement as to Louisiana affairs seemed to be dying out; but the November election was approaching, and it was necessary for party purposes that the flame should be relighted. Accordingly, on the 14th of September, I). B.l’enu, claiming Ire was elected Lieu ' tenam-Goveruor in 1872, issued an inflammatory proclamation, calling upon the militia of the State to arm. assemble and drive out the “usurp ers.” as he designated the officers of the State. The White Leaguers, armed and ready for the conflict, promptly responded. On ‘ the same day the Governor made a formal requisition upon me. in pursuance of the act of iT9S and Section 4 of the Constitution, to aid in suppressing domestic violence. On the next day I issued tny proclamation, commanding the insurgents to disperse within five days from the date thereof, bat before the proclamation was published in New Orleans the organized and armed forces, reorganizing a usurping Government, had taken forcible possession of the State-House and temporarily subverted the Government. Twenty or more people were killed, including a number of the police of . the city. The streets of the dtv were stained with blood. All that was desired in the way of excitement had been accomplished. Prior to, and with a view to, the late election in Louisiana, white men associated themselves together in armed bodies, called “ White Leagues,” and at the same time threats were made in the Democratic journals of th< State that the election should be carried against the Republicans at all hazards, which very natirally greatly alarmed the colored voters. Bt Section 8 of the act of Feb. 28, 1871, it is made the duty of United States Marshals and their deputies, at the polls where votes are cast for Representatives in Congress, to keep the peace and prevent any violatfois of the so-called Enforcement act and other offenses against the laws of the United States, and upon a requisition of the Marshal of Louisiana, and in view of said armed organization and other portentous circumstances, I caused detachments of troops to bestrtioned in various localities in the State to aid him in the performance of his official duties and the enforcement of the State laws. The officers and troops of the Uflititl States may well have supposed that it was their duty to act when called upon by the Government for the purpose. That there was intimidation of the Republican voter* at the election, notwithstanding this precaution. admits- of no doubt. Ttje following are specimens of the means used; On tbe 14th of October eighty persons signed and published the. following at Shreveport: “ We, the undersigned, merchants of the city of Shreveport, in obedience to a request of the Shreveport Campaign Club, agree to u*e tevery endeavor to get our employes to vote the People's ticket at the tion. a»d in the event of their refusal so to do. or in case they vote the Radical ticket, to refuse to employ them at the expiration of their present contracts.” On the same day another large body of persons published, in the same place, a paper in which they used the following language: “We. the undersigned, merchants of the city of Shreveport, alive to the great importance of tecurmg a good and honest

government to the State, do agree red pledge onrselve* not to advance any supplies or money to any planter* the crying year who wRI give em . ployment or rent lands to laborer* who vote the Radical ticket in the coming election.” I have no Information of tbe proceedings of the Returning Hoard for the said election which may not be found in it* report, which has been published, but it is a matter of public information that a great part of the time taken to canvass the votes was consumed by the arguments of lawyers, several of whom represented each party before the Board. I have no evidence that the proceedings of this Board were not iu accordance with •the law under which they acted. Whether, in excluding from their coqnt certain returns, they weFe right or wrong, is a question that depends upon the evidence they had before them; but it is very ciear that the law gives them the power, if they chose to exercise it, toi decide that way, and, prima facie, the persons whom they return as selected are entitled to the offices for which they were candidates. Respectfhg the alleged interference by the military with the organization of the Legislature of Louisiana on the 4th inst., I have no knowledge or information which has not been received by me since that time and published. My first information was frpm the papers of the morning of the sth of January. I did not know that any such tiling was anticipated, and no orders, no suggestions, were ever given to any military officer in that State upon the subject prior to the occurrence. I am well aware that any military interference by the officers of troops of the United States with the organization of a State Legislature or any of its proceedings, or with any civil department of the Government, is repugnant to our ideas of government. I can conceive of no case not involving reDellion or insurrection where suchjntcrference by the authority of the General Government ought to be permitted or can be justified: but there are circumstances connected with the late legislative imbroglio in Louisiana which seem to exempt the military from any intentional wrong in that matter, knowing that they had been placed in Louisiana to protect domestic violence and to aid in repressing it. The revolution was apparently, though it is believed not really, abandoned, and the cry of “Federal usurpation” and "tyranny in Louisiana” was renewed with redoubled energy. Troops had been sent to the State under the requisition of the Governor, and, as other disturbances seemed imminent, they were allowed to remain there to render the Executive such aid as might become necessary to enforce the laws of the State and repress the continued violence which seemed inevitable at the moment when the Federal support should be withdrawn. Each branch of a Legislative Assembly is the jndge of the election ana the qualifications ot its own members, but if a mob or a body of unauthorized persons seize and hold the legislative hall in a tumultuous and riotous manner, and so prevent any organization bv those legally returned as elected, it might become the duty of the State Executive to interpose, if requested by a majority of the members-elect, to suppress the disturbance and enable the persons to organize the House. Any exercise of this power would be j ustifiable under most extraodinary circumstances and it would then be the duty of the Governor to call upon the constabulary, or, if necessary, the military force of the State; but with reference to Louisiana it is to be borne in mind that any attempt by the Governor to Use the police force of that State at this time would have undoubtedly precipitated a bloody conflict with the White League, as it did on the 14th of September. There is no doHbt but the presence of the United States troops on that occasion prevented bloodshed and the loss of life. Both parties appear to have relied upon them as conservators of the pub lie peace. The first call was made by the Democrats to reniove persons obnoxious to them from the legislative hall, and the second was from the Republicans to remove persons who had usurped seats in the Legislature without legal certificates authorizing them to seats andrin sufficient number to change the majority. Nobody was disturbed by the military who had a legal right at that time to occupy a seat in the Legislature. That the Democratic minority of the House undertook to seize its . organization by fraud and violence; that in this attempt they trampled under foot the law. in that they undertook to make persons not returned as elected members, so as to create a majority ; that they acted under a preconcerted plan, and under false pretenses introduced into the hall men to support their pretensions by force, if necessary, and that the conflict, disorder and riotous proceedings following are facts which seem to be well established, and I am credibly inforined that these violent proceedings were a pari of a premeditated plan to have the House organized in this way; recognize what has been called the McEnery Senate; then to depose Gov. Kellogg, and so revolutionize the State Government. Whether it was wrong lor the Governor, at the request of the majority of the members returned as elected in the House’, to use such means as were In his power to defeat these lawless and revolutionary proceedings, is perhaps a debatable question; but it is quite certain that there would have been no trouble if those who now complain of illegal interference had allowed the House to be organized in a lawful and regular manner-. When those who inaugurate disorder or anarchy disavow snch proceedings, it will be time enough to condemn those wlio, by such means as they have, prevented the ; success of their lawless 4 and desperate schemes. Lieut.-Gen. Sheridan was requested by me to go to Louisiana to observe and report the situation there, and, if in his opinion neoossary, to assume the command, which he did on the 4th inst., after ♦he legislative disturbances had occurred, at nine o’clock in the evening, a number of hours after the disturbance. No party motives nor prejudices can reasonably*!*; imputed to him, but, honestly convinced by what he has seen and heard there, he has characterized the leaders of the White Leagues iu severe terms and suggested the summary modes of procedure against them, which, though they cannot be adopted, would, if legal, soon put an end to the troubles and disorders i* that State. Gen. Sheridan was looking at the facts, and possibly not thinking of proceedings which would be the only proper ones to pursue in times of peace—he thought more of the utterly lawless condition of society surrounding him at the time of his dispatch and of- what would prove a sure remedy. He never proposed to do any illegal act nor expressed a determination to proceed beyond what the law in the future might, authorize for the punishment of the atrocities which have been committed and the commission of which cannot be successfully denied. It is a deplorable fact that political crimes and murders have been committed in Louisiana which have gone unpunished, and which have been justified or apologized for, which must rest as a reproach upon the State and xountry song after the present generation has passed away. I have no desire to have United Slates troops interfere in the domestic concerns of Louisiana or any other State. On the 9th of December last Gov. Kel logg telegraphed to me his apprehensions that the White League intended to make another attack. Upon the same day I made the following answer, since which no communication has been sent to him: “ Y our dispatch of this date just received. It is exceedingly unpalatable to use troops in anticipation of danger. Let the State authorities be right and then proceed with their duties without apprehension of danger. If they are then molested the question will be determined whether the United States be able to maintain law and order within its limits or not.” I have deplored the necessity which seemed to make it nty duty, under the Constitution and laws, to make such interference. I have always refused, except where it seemed to be my imperative duty, to act in such a manner as the Constitution and laws of the United States required., I have repeatedly and earnestly entreated the people of the South to live together ia peace and obey the laws, and nothing'would giTe me greater pleasure than to'-see reconciliation aud tranquillity everywhere prevail, and thereby remove all necessity for the presence of troops among them. I regret, however, to say that this state of things does not exist, nor does its existence seem to be desired in localities, and as to .those it may be proper for me to say that, to the extent, that Congress has conferred the power on me to prevent It, neither Kn-Klnx Klans, White Leagues, nor any other association using arms and violence to execute their unlawful purposes can be permitted in that way to govern any part of this country; nor can I see with indifference Union men or Republicans ostracized, persecuted and murdered on account of their opinions, as they now are in some localities. I have heretofore urged the case of Louisiana upon the attention of Congress, and I cannot but think its inaction has encouraged the great evil. To summarize: In September last an armed, organized body of men, in the support of candidates who had been put in nomination for the offices of Governor and Lientenant-Governoratthe November elec tion.in 1872, and who had been declared not elected by the Board of Canvassers that had been recognized by all the courts to which the question had beensubmitted.nndertook tosnbvert and overthrow the State Government that had been recognized bv me in accordance with previous precedents. 'The recognized Governor was driven from the State-House, and but for his finninga shelter in the United States Custom-House in the capital of the State of which he ware Governor, it is scarcely to be doubte'd that he would have been killed. fYwn the State-House, before he had been driven to the Custom-Honse, a call was made in accordance with the fourth section of the fourth article of the Constitution of the ’United States for the aid of the General Govern ment to suppress domestic violence. Under those circumstances, and in accordance with my sworn ditties, my proclamation of the 15th of September. 1874, was issued. This served to reinstate Gov. Kellogg in his position nominally, but it cannot be claimed that the insurgents have to this day surrendered to the State authorities the arms belonging to the State, or that they have in any sense disarmed. On the contrary, it is knownthat the same armed organization that existed bn the 14th of September, 1874, in opposition to The recognized State Government, still re-

tain their organization, equipments and commanders, and can be called out at any hour to resist the State Government. Undertbcße circumstance* the same military force has been continued in Louisiana as was sent under the first call, and under the same general instructions. I repeat that the task assumed by the troops is not a plea Ami one to them; that thb army is not composed of lawyers capable of judging at a moment's notice of just how far they can go in the maintenance of law and order, aad that it wa* impossible to give specific instructions providing for all possible contingencies that might arise. The troops were bound to act qpou the judgment of their commanding officers upon each sadden contingency that arose, or await instructions which could only reach them after the threatened wrongs had been committed which they were called on to prevent. It should be recollected, too, that upon my recognition of the Kellogg Government I reported the fact, with the grounds of ttye recognition, to Congress, aud asked that body to take action iu the matter; otherwise I should regard their silenee as acquiescence in my course. No action has been taken by that bodv, and I have maintained the position marked out. If any error has been committed by the dfmr in these matters it has always been pn the side of preservation of good order, tbe maintenance of law aud the protection of life. Their bearing reflects credit upon the soldiers, and if wrong has resulted the blame lies with the tflrbulehi elements surrounding them. I now earnestly ask that such action, be taken by Congress as to leave mv duties perfect! v clear in dealing with the ' affairs of Louisiana. giving assurance at the same time that whatever may be done by that body in the premises will be executed according to the spirit and letter of the law, without fear or favor. I herewith transmit copies of documents containing more specific information as to the subjec t matter of the resolution. U, 8. Git ant. Executivk Mansion, J an. 13. W 75.