Louisiana

To the Senate of the United States : I kavo tno honor to mako the following answer to a Senate rosolution of tho 8th instant, asking for iniormation as to any iuterferenoe by any military offioor or any part of the army of the Uiüted State with the orgamzation or proceedings of tho General Aaeembly of tho State of Louisiana, or either branch thereof, aud also inquiiiug in regard to the existence of armod organizations in that State hOBtile to the government thereof, and intent on overturning Buch government by force. To eay that lawlessnees, turbulence and bloodshed have ch aracterizod the political affairs of that State sinco its organization under tha Recoustruction acts, is only to repaat what has beoome well known as a part of its nnhappy history ; but it may be proper bere to ref er to the eleetion of 1868, by whioh the Republican vote of the State, through fraud and violence, was reduced to a few thouaand, and the bloody riots of 18S6 and 18G8 to ehow disorder. Those are not due to any recent causes or to any late action of tha Federal authorities. Proparatory to the eleotiOH of 1872, a ehamoful and undisguised conspira.cy was formed to carry that election against the Kepublicans, without regard tolaw or right, and to that end the moet glariug frauds and forgerios were cqmmitted in the returns, af ter many ooiored oitizens had been. denied registration and othera deterred by fear froai casting their ballots. Whon tho time carne for a final canvass of tho votea, ia view of the foregoing facts, William P. Kellogg, the Republican candidato for Governor, brought suit upon the eqnity eido of tha United Statea Circuit Court for Louisiana, and against Warmoth and others who had oblaiaed poseeasion of the returns of the eleetion, represenling that soveral thousand veters of the State had been deprived of the elective franchieo on account of their color, aud praying that steps might be taken to have their votes counted, and for general relief. To enable the eourt to inquire as to tho truth of these allegationa, a temporary restraining order was issued against the defendants, which was at once wholly disregarded and treatedwith contempt by thoBe to whom it was directed. Theee prooeedings have been widely denonnced as an unwarrantable interferenco by the Federal judiciary with the eleetion of State officers, but it is to be remembered that by the Fifteenth Amendment to the Constitution of the United States the politioal equality of colored citizens is secured, and under tho second eeotion of that ameudment, providing that Congreas shall have power toenforoe its provisions by appropriate legielation, an act was passed on the 31at of May, 1870, and amendod in 1871, the object of which waB to prevent the denial or abridgemont of the suffrage of citizens on account of race, oolor orprevious condition of servitude, and it has been beid by all the Federal Judgea beforo whem the question has arisen, inoluding Justice Strong, of the Supreme Court, that the protection afforded by these amendmenta and these acts extends to State as well as to othor elections. i'hat it is the duty of the Federal Courta to enforce the provisions of the Constitution of tue United States and the laws paased in nuance thereof is too clear for controversy. Ssction 15 of said act, after numerons provieions therein, to prevent an evasion of the Fifteenth Amendment, provides that the j uriattiction of the Circuit Court of the United tótates Bhallextend to all cases in law or equity arising under the provisiouB of eaid act and of tho act amendatory theroof. Congress seems to have taken prompt and equitable as well as legal proceedings to prevent the denial of auffrage to the colored citizens, and it may be safely aseeited, that if Mr. Kellogg's bill in the above named case doos not present a case for tho equitable interposition of the court, no euch caso can arise uudertheaot. That the courts of the United States have the right to ioterfere in various ways with State eleoüoüs, so as to maintain political equality and rights thereiu, irrespective of race or color ia comparatiyely a new, and to some it seems to bo a atariling, idea; but it resulta as olcarly firom the Fif teeath Amendment of the Constitution and the acts that havo been passed to enforos that amendment, as the abrogation oí State laws upholding slavery resnlts from the Thirteenth Amondment of the Constitution. While the jurisdiction of the court in the caee of Kellogg vs. Warmoth and o-hers is clear to my mind, it scerns that sume of the orders made by the Judge in that and the kindred caae of Antoine were illegal; but while they are so held and conaidered, it is not to bo f orgotten that the mandate of liis court had been contemptuously defied, and they were made while wild scènes of anarchy were sweeping away all restraint of law and order. Doubtless tho Jnd'e of this ceurt made gravo mistakes, but the law allows the Chancellor great latitude not only in punishing those oontemning bis orders, but tlioee preventing the oonsummation of the wrong whioh he has judicially forbidden. Whatever maf be gaid or thought of these m&tters, it was only made fenown to me that the process of the United States Court was resisted, and as said acts speoially previde for the use of the army and navy when neeeaBary to enforce judicial proceas arising thereunder, I considered it my duty to see that guoh process was exeeuted according to the judgment of the court. Kesulting from theee preceedings, through varioa controversiea and complications, a State administration was organized, with Wra. P. Kellogg as Govornor, which, in the discharge of my duty, under section 4 of article i of the Constitution, I have recoguized as the governmeut of the State. It has been bitterly and persistently allegedthat Kelloggwaa not elected. Whethor he was or not is not altngethor certain ; nor is it any more certain that lus c.impetitor, McEnery, was chosen. 'XUe election was a gigantic fraud, and there are no reliable returns of its result. Kellogg obtained poBsession of the office, and, in my epinion, has moro right to it than his competitor. On the 20th of February, 1873, tbeCommittee on Privileges and Elections of the Senate made a report in which they say that they are Bitiafled by tke tontimony that the manipulation of the election maehinery by Warmoth and others was equivalont to 20,000 voters, and thoy add that to recognize the McEnory government would be recognizmg agovernmout based upon fiaad, in delidjice of the wishes and iutentiona of tho voters oí tha SUte. Asöumiiifr tho correctoess of tho statements in this report, and thoy Koem t.i have been generally accaptod by the country, tin great oiimo in Louisiana, about which so much has been done and Beid, in that one is holding tho office of Governor who was chcated out of 20,000 votes, against anotlier whose litle to the office ia nndoubtedly baecd on fraud, and in defianceof the wishes and iulontions of the votore of the State. Misinforraed aud miejudginjj as to the nature and oxtc nt of tliis roport, the supporters of McEncry proceeded to displace by force, iu some . parts of tho Stato, the appointeea of Gov. Kel1 gg, and on th3 13tli of April, in an effort of tbat kid, a butchory of citizens was committcrl at Colfax, which in bloodthirstinoas and baibarityishardlysurpaasodbyanyactaof Bavage warf are. To put the matter beyond contro vorsy, I quote from the chargeof Judge Wooda, of the Uuited States Circuit Court, to the jury in the caso of the United States vs. Cruikehank and others, in New Orleans, in March, 1874. Ho said : " In the caBe on trial there are many facts not in controversy. I proceed to state gomo of them in the presence and hearing of counsel on both sidos, and if I state íb a conceded f act any matter that is disputed, they can correct me." After stating the origin of the diffioulty, which grow out of an attempt of white persons to drive tho Parish Judge and Shoiiff, appointees of Kellogg, from cllioe, and tl. oir attempted protection by colored persons, whioh led to somO fighting, iu which quite a number of negroes wore killed, tho Judge atates that most of those who were killed were taken prieoners. Fifteen or eixteen of the blaoks had lifted the boards and taken refugo under the Hoor of tho Court House. They were all captured ; about thirty-soven men taken piiaoners; the number is not defiritely fixod. They wero fcept under guard until dark. They wero led out two by two, iud shot. . Most of the men were shot to death. A f ew weré wounded, but not mortally, and by pretending to bo doad wore aftorward, during the.niglit, able to make their escape. Among them was the Levi Nelson named in the indictment. Tho dead bodies of uegroes killed in this fiffair were left unburiod till Tuesday April 15, when they were buried by a Deputy Marshal and au officor of the militia from Now OrloauB. Theuo persons found fiftynmodesd bodioa. They showed pistol-shot wound, tbe groat majority in the heart and many of tbem in tho back of the head. In addition to tiio dead found, aome oharred ïomaine of dead bodiea wore discoverud t;e.ir tho Court Huse. Six dead bodies weie fuuud under a warohouae au ehot in tho hcart but one or two, who wero sliot in the breast. Tho only wbito men lnjured, from tho bcginning of theee troubles to their clo-io, v.ere Öadnot and Harria. Tho Ojurt-House and its contents were entiroly consumed. There is no evidence that any one in tlio crowd c.f tho whitoa bore any iawful wjn-aut for the arrest of any cf the blacka. Tlioro ia do ovidecco that either Nanh or Cazabat, afior the affair, ever demanded trial ' i iore an oüicer who even set np a claim to legally net ; but the Register con tinued to act as Puih Judga." These aro the facts in tliis caso, aa I underBtand tlioin to be admitted. To hold tho peoplo of Louisiana responsiblo for these atrocilies would not be juut ; but it is a lamentable fíict that insuperable obstructiona wore thrown in tho way of puniahing 'hete mui derera, and tho eo-oalled ' ' Conaorvaiive " paper of tho State not only jtistifledthemaBHaero, tmt denonnecd as "Federal tyrauny and doepotism" tho attenipt of the United Statea officere to bring thom to justico. Fierco lonunciationa riug through tho country about oüice-hülihng and election matters m Louisiana wbile every one of theOolfaxmiscreants oes unwhippoJ of justice, and no way can bo found in tlua land of boasted civihzation and Chrialianity to punish tho perpetrators of this bloody and monatrous crime. Not uulike t'nia was the maBsacre in August last. Several Northern young men of capital and enterpriee had Btarted the Httle and flourisliing town of Ooushatta ; eome of them n-eio Eepublieana and offiee-holders under Kellogg. They were, therefore, doomed to death. Six of them were eeized and carried away from their homes and mnrdered in cold blood. No one haa been punished, and the " Conservativo" presa of tho State donouneed all efforts to that end, and boldly justified the crime. Many murders of a liko character have been committed in individual cases, whieh cannot hare be detailed. For example: X. S. Clifford, Judge of tho pariah, and tho District Attorney of the Twelfth Judicial District of the State, on their way to the court, were sho1; from their horsos by men in ambuah on the 8th of Ootober, 1873, and the wife of the former, in a communication to tho Dopartment of Justice, tells a piteoue tale of the persecutions of her husband, beeauae he was a Union man, and of the efforts made to eeize those who bad committed a crime which, to use her language, "left two widowe and tiine orphans desolate." ïo eay that the murdor oí a negro qr whito Eapublican ia not oousidered a crime in Louiaiana, would probably be unjust to a great part of the poople ; but it is true that a great number of such murdera have boen oommitted, and no one haa beon punished therefor, and it is manifeatly true that the Bpirit of hatred and violonce there ia stronger than Bepresontations were made to me that tho presencoof troopa in Louisiana was uimocessary, and that thore waB no danger of pubiio disturbanco if they were taken away. Cou=equently early last summer the troopa wera wiihdrawn from the Stato, with tho exoeptioii of a small gavrison at New Orlüana banaeks. It was stated that a comparativa stato of quiet had supervened ; that, tho politicarexcitement as to Louisiana affaire Beemed to be dying ent ; but the November election was approaching, and it was necessary for party purpoaes that the üamo. Bhould be relighted. Aocardingly, on the Uth September, D. B. Penn, claimiug he waa electcd Lieutenant-Governqr in 1872, iaaued an inflammatory procl&mation, calling upon the militia of the State to arm, assenible and drive out the "usurpera," as ho designated the oüicei-B of the State. The White Leaguors, armed and ready for the conflict, proinptly responded. On the sama day tho Governor made a formal requisition upon mo, in puïBuance of the act of 1795, and aec. 4, ariicle 4, of the Constitution, to aid in suppreyeiug domestic violence. On the next day, I iasued my proclamation, commaudng the int,aigsuts to dieperse within five days from tha date thereof , but bef ore tho proclamation waa publiahed in New Orleans the organized aud armed forcea reorganizing a uaurping government, had taken forciblo poeseasion of tbs State House and temporarily subverted tho government. Twenty or more people weró killed, including a number of the pólice of ttio city. The streetB of the city were etained with blood. AU that waa deaired in the way of excitement had been accompliahed. Trior to, and with a view to, tha late elocti.-.n in Lonisiana, white men assooiated thenieelves together in armed bodies, callod 'White Leagues," and at tho same time threata wero made in the Democratie journals of tbe State that the election Bhould be carried against the Eepublieana at all hazards, which very naturally greatly alarmed the colored votera. By aection 8 of the act of Feb. 28, 1871, it is made the duty of United Staies Marshals and their deputies, at the polla wliere votes are cast for Representativos in Congross, to keep tho peaea and prevent any violatioua of the so-called Enforcement act and other offenses against tho laws of ihe United States, and upon a requisition of tho Marshal of Louisiana, and in viow ol aaid armed organization and other portentous circumstanceB, I caused detaehments of troops to be stationed in various localitios in the State to aid him in the performance of h;B official duties and the enforcement of the Mate laws. The officors and troops of the United States may well have supposed that it waa their duty to act when called upon by the government for the purpose. That thoro was intimidation of the Bepuhlican votera at the election, notwithetanding thia procaution, admita of no doubt. The followiiig are apecimens of the means usod : On the lith of Oetober, eighty persone Bigned and published tha föllowing at Shreveport: "We, the uudorsigued, merchants of t!te city of Shrevepórt, in obedience to a request of the Shreveport Campaign Club, agree to use every endeavor to get our employés to vote the people's ticket at the ensuing election, and in the èvent of their refnsal to do so, or in cae they vote the liadical ticket, to refuse to employ them at the expiration of thoir present contracta." On the aame day another large body of persons publiahed, in the same place, a paper in which they ueed the following Ianguage : "We, the undersigned, merchants of the city of Shreveport, alive to the great importance of Beouring a good and honeat government te the State, do agree and pledge oureelves not to advance any supplies or money to any planters the coming year, who will give employment or rent lands to laborera who vote the Eadical ticket in the coming eketion." I have no information of the proceedings of the Beturning Board for the said election which may not be found in its report, which has been published, but it ia a matter of public information that a great part of the tune taken to oanvass the votea wae consumad by the ai gilmente cf lswycrs, several of whom repreaeiited each party beforo the boara. I havo no evidonce that the proceedinge of this board were not in acoordance with the law trai'er which they acted. Whether, in excluding from their aocount certain retnrns, they werd ight or wrong, is a queation that dependa iiyon the evideace they hd before them ; but it ia very clear that the law gives them the power, if they chose to cxerciae it, to decida that way, and piima facie, theperaon, whom they return as aelected are enutled to the officea for which they were candidatos. Eespecting the alleged interfercuce by the military with the organization of the Legislature of Louiaiana on the 4th inst., I havo ro knowledge or information which has not been received bymo eince that time and publibhed. My firat information was from the papers of the morning of the 5thof January. Iddnot l:nov that any such thing waa anticipated, and no orderB, no suggestions, were ever, given to any military officer in that State upon the subject prior to the occurrence. 1 am well aware that any military iuterference by the offleors or troops of the United States with the organization of a State Legialature or any of its proceedinga, or with any civil department of the government ia repugnant to our ideas of governmeut. I can conecive of no caso, not involving rebellion or insurrection, where such interference by the authority of the general government ought to bo permitted or can be juatiüed ; but there are circumatances connected with the late Legislaiure imbroglio in Louisiana which Beem to exempt tho military from any iuteutional wrong in that matter, knowing that tliey had been placed in Louteiana to provont domestio violence, and to aid in repressiug it. Ti.e revolution was apparently, thotïgh it ia bdheved not really, abandoned, and the cry of " Federal nsurpati on " and " tyrauny in Louieiana " was renewed with redoubled energy. Troops had been eent to the State under the requisition of the Governor, and as other diBturbancea eeemed imminent, they were allowed to remain there, to ronder the Exeo utive such aid as roight become necessary to enforce the laws of the State and reprees the continued violence which aeemed inevitable at the moment when the Federal eupport Bhould be withdrawn. Each branch of a legislativo assembly ia tbe judgo of the election and the qualiücationa of ita own members, but if a mob or a body of unauthorized persone aeize and hold the legislativo hall in a tumultuons and riotous manner, and so prevent any organization by those iegally returned as elected, it might beoome the duty of the State Executive to interpoee, if requested by a majority of the members-elect, to suppress the disturbance and enable the persons elected to organize tho House. Any exercise of thie power would be jualifiable under most extraordinary circumetanceB, aud it would then be tho duty of the Governor to cali upon the conatabulary, or, if necessary, the military force of tbe State ; but with roference to Louisiaua, it ia to be borne in mind that any attempt by the Governqr to uso the pólice forcé of that State at thia time would have undou' te ',ly precipitated a bloody oonflict wilh tho Whito League, aa it did on the Hth of Saptember. There ie no doubt that the proaence of t!:e United Statea troopa on that occaaion prevented bloodahed and the loae of life. Both parties appear to have relied upon them aa conservatora of the public peace. The first cali waa made by the Demócrata, to remove persona obnoxious to them from th Legielative hall, and the second was from the Eepublicana, to remove persona who had usurped seatB in the Legislature without legal certificates authorizing them to seats, and in sufücient numbor to change the majority. Nobody waa disturbod by the miütaty who had a legal right at that time to occupy aeeat in tbe Legislature. That t'ue Democratie miuority of the Hou'jo undertook to seize its organization by fraud and violence ; that in this attempt they triunpled uuder foot tbe law, ia that they aoted under a preconeertert plan, and under false pretensos introducod iuto the hall men to support tbeir pretensiona by force, if neceseary, and that the conflict, diaorder and riotoua procoecliugs following are faets, uponiH to bs well-establishod, and I &m credibly infonned that these violent proceedings were a part of a premeditated plan to üavo tbe House orgamzed in thia way ; to reeoguize what has been called the MeEnery Senate, then to depose Governor Kollogg, aud 80 revolutioniza the State goverument. Whother it was wrong for the Governor, at tbe request of á majority of tho inembcra retarned as elected in the House, to use auch means as were in hia power to defeat these lawlesB and revolutionary proceedinga, is perbaps a dobatable question ; but it is quite certain that there would have been no troubie if those who uow comtlain of illegal interference had allowod the House to be organizod in a lawful and regular mannor. When those who inaugúrate disorder and anarchy disavow bucIi proceedings, it will be timo enough to comieran thoso vho, by Buch moans as thoy have, provonted tbe success of their lawlesa and desperate schemes. Liont.-Gen. SUeridan waa requeated by me to go to Louisiana to observe and report the situation there, and, if in bis opinión neceasary, to aseume the command, whichhe did, on the 4th inet., after the legislativo disturbancea had occurred, at 9 o'elock in tho evening, a number of hours after the diuturbance. No party motives nor prejudices can reason - ably be imputed to him, but, bonestly convinced by what he has aeen and heard there, ho has characterized the leaders of the White League in asevero terms and BuggeBted Bumniary modes of procedure against tbem, which, though they cannot be adopted, wonld, f legal, soüu put au end to the troublea abt-l disorder in that State. Gen. Sheridan was looking at tho facts, and poibly not thinking of proceediugs whieh woti-d be the only proper ones to pursue in time of peace- hé thought more of tho utt&r lawleas oundition of society surrounding him at tho time of nis dispatch and of what would prove a sure remedy. Ho nover proposed to do any illegal act, nor expresaed a determination to proceed be'sid what the law in tho future mïght anthoné for the puuiahment of the atrocities whicb have boen comm-.tted, and the commission of which oaiiuot be Bucceaafally demed. It ia a doplorablo fact tbat political crimes and murdera have been committed in Louieiaua which have gono unpuuished, aud which have beou justifiod or apologizod for, which must rest as a reproaoh upoii the State and country long af tor the preeent gencration bis paasád awny. I have no desiro to have Uuiteil States troops interfere in the domestic concerns of LouiHiana. or any ntiior tite On tho 9th of December last, Gov. Kollogg to'egraphed to me bis appreheneions that tho White League inteudod to mako anotber attack. Upou the same day I made the following answer, eince whick no communication has been gent to him : "Your dispatch of this date just received. It is exceedlngly unpa'.atable to use troops in anticipation of danger. Let tho State authorities be rigbt, aud then proceed with their duties without apprehension of danger. If they are then mölested, tho qn estion will bo dotermined whether tbo United States is able to maintain law aud order within its limite or not." I have doplored the neceesity which eeemed tomakoitmy duty, under tho Coustitution aud lawe, to make tuch interfence. I have always refused, except whore it seemed to b3 my imperativo duty to act in euch a manner as tha ( Constitation and laws of the United States required. I havo repeatedly and earnestly entreated the people of the South to live togethor in poace and obey the laws, and nothing would give me gieater pleasure than tosee reconciliation and tranquillity everywhere prevail, and tboreby remove all neoeasityfor the presenco of troops among them. I regret, however, to say tbat this state of things does not exist, nor doos its existence seem to bedeBired in eomo localities; and as to those, it may be proper for me to Bay tbat, to the extent that Congresa bas conferred the power on me to prevent it, neither Ku-Klux Klans, White Leagues, nor any other aBSOCiation using arms and violenco to'execute their unlawful purpoaes, can bo permitted in that way to govern any part of tbia country ; nor can I see with indifforence Union men or Republicana "ostracized, pereecuted and murdered on account of theii opinions, as they now are in soms localitiea. I have heretof ore urged the case of Louiaiana upou tho attention of Congress, and I cannot but think its inactian bas encourago.1 tho great evil. To eummarize: In Septeoibor last an armed, organizad body of men, in tha Hupport of candidatos who had been put in nomiuation for the offices of Governor and Lieutenant Governor at the November elcction in 1872, and who had boen declared not elected by the Board of CauvasBers that had been recognizad by all thecourts to which the qaeation had been submitted, undertook to bubjert aud ovorthrow the State government thaoiad been been recognized by mo in accordance with previous prejedents. The recognized Goveruor was driven from tbe State House, and, but for hia finding shelter in the United States Custom House in the capital of the State of which ho was Gavornor, it is ecarcely to be doubtod tbat he would havo been killed. From tho I3tate House, bef ore he had been di iven to the Cnstom House, a oall was made in accordance with the áth section of the 4th artielo of the Constitution of the United Statea for the aid of the general Rovernment to euppresB domestio violence. Undor those circumstancea, and in accordance with my aworn dutiea, my proclamation of the 15th of September, 1874. waa iseued. This served to reinBtate Gov. Kellogg to his position nominally, but it cannot bo claimed that the insurgente have to this day eurrendered to the State au'.horities the arms bolongiug to the State, or that they have in any teneo diaarmed. On the contrary, it is knownthat the same armed orgauizations that existed on the 14th of September, 1874, in opposition to the recoguized State government, stillretain their organization, equipments and commanders, and can be called out at any hour to reeist the State government. Under these circumatances, the samo military force has been continued in Louisiana as was sent under the flrat cali, and under the same general inatructiona. I repeat that the task assmned by the troops ia not a pleasant one to them ; that the army is not composed of lawyera capable of judging at a moment's notice of just how f ar they can go in tbo maintenanco of law and ordar, and that it waa impoBsiblo to give spocific instructions providing for all possible contingencies that might arise. The troops were bound to act upon the judgment of their commanding ofBcors upon each sudden contingency that aroae, or await inetructiona which could onlyreach them after thethreateued wrongs had been oommitted which they were called upon to prevent. It should be recollected, too, that upon my recognition of the Kellogg government I reported the fait, with the grounds of the recognition, to Congress, and asked that body to take action in the matter ; otherwise I should regard their silence as acquieBcence in my course. No action has beon taken by that body, and I have maintained the poaition niarked out. If any error has been committed by the army in these mattere, it bas always been on the sido of the preservation of good order, the maintenance of law, and the protection of life. Their bearing reflecte credit upon the soldiers, and if wrong has resulted, tho blamo lies with the turbulent elementa surrounding them, I now earnestly ask that sucn aotion be taken by Congress as to leave my duties perfectly clear iu doaling with the affaire of Louisiaua, giving assurauce at the same time that whatever may be done by th;it body. in the premiaos will be executed according to the spirit and letter of tho law, without fear or favor. I herewith transmit copies of document containing more Bpecifio information aa to the Bubiect matter of the reBolution. iaiECUTivE Mansion, January la, l7o.