vote of the State, through
fraud and violence, was reduced to a few thousands, 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 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 canvass of the votes, in view of the
foregoing facts William P. Kellogg, the Republican candidate for
governor, brought suit upon the equity side 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 said votes counted and for general relief. To enable the court to
inquire as to the truth of these allegations, a temporary restraining
order was issued against the defendants, which was at once wholly
disregarded and treated with contempt by those to whom it was directed.
These 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 fifteenth amendment to
the Constitution of the United States the political equality of colored
citizens is 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 31st of May, 1870,
and amended in 1871, the object of which was to prevent the denial
or abridgment of suffrage to 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 Court, that the protection afforded by this amendment and
these acts extends to State as well as other elections. That it is the
duty of the Federal courts to enforce the provisions of the Constitution
of the United States and the laws passed in pursuance thereof is too
clear for controversy.
Section 15 of said act, af
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