FREE BOOKS

Author's List




PREV.   NEXT  
|<   351   352   353   354   355   356   357   358   359   360   361   362   363   364   365   366   367   368   369   370   371   372   373   374   375  
376   377   378   379   380   381   382   383   384   385   386   387   388   389   390   391   392   393   394   395   396   397   398   399   400   >>   >|  
ter 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 contemplated equitable as well 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 did 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 seems to be a startling, idea, but it results as clearly from the fifteenth amendment to 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 Constitution. While the jurisdiction of the court in the case of Kellogg _vs_. Warmoth and others is clear to my mind, it seems that some of the orders made by the judge in that and the kindred case of Antoine were illegal. But while they are so held and considered, it is not to be forgotten that the mandate of his court had been contemptuously defied, and they were made while wild scenes of anarchy were sweeping away all restraint of law and order. Doubtless the judge of this court made grave mistakes; but the law allows the chancellor great latitude, not only in punishing those who contemn his orders and injunctions, but in preventing the consummation of the wrong which he has judicially forbidden. Whatever may be said or thought of those matters, it was only made known to me that process of the United States court was resisted, and as said act especially provides 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, through various controversies and complications, a State administration was organized with William P. Kellogg as governor, which, in the discharge of my duty under section 4, Article IV, of the Constitution, I have recognized as the government of the State. It has be
PREV.   NEXT  
|<   351   352   353   354   355   356   357   358   359   360   361   362   363   364   365   366   367   368   369   370   371   372   373   374   375  
376   377   378   379   380   381   382   383   384   385   386   387   388   389   390   391   392   393   394   395   396   397   398   399   400   >>   >|  



Top keywords:

amendment

 

process

 
Kellogg
 

States

 

United

 

Constitution

 

considered

 

orders

 

results

 

enforce


equitable

 
fifteenth
 
prevent
 

jurisdiction

 
arising
 

proceedings

 

provisions

 

defied

 

latitude

 

chancellor


punishing

 

Article

 

section

 

contemptuously

 
mistakes
 

government

 
restraint
 

sweeping

 

anarchy

 

recognized


scenes

 
Doubtless
 

contemn

 

injunctions

 

resisted

 
Resulting
 

judicial

 
thereunder
 

executed

 

judgment


controversies

 

William

 
consummation
 

preventing

 

governor

 
organized
 

administration

 
matters
 

complications

 

thought