The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1870-06-04
THE FORCE BILL.
4 MLSTERLY REVIEW OF ITS ORR
GIN, PROVISIONS IND PURPOSE.
The Last Libel upon the American
People.

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that amendment has been adopted, the World
argues that the Fifteenth amendment does not
abrogate or repeal the Tenth amendment
which expressly reserves to the States, or the
people. all powers not delegated by the
constitution to the United STATES, nor pro-
hibited to the States - but imposes, by
way of negation, a new political disqualifi-
cation upon the States; or, as We more COM
monty say, it introduces new prohibition,
operating upon the otherwise complete and un-
restrained powers Of the States. They are for :
hidden by it to make race, color or previous
condition of seryitude disqualification for
voting, and power is given 10 Congress TO en-
force this prohibition by appropriate legisla-
tion.'" The World asserts that "every proper
canon of Interpretation, when applied to this
term appropriate legislation requires that it
should be confined to legislation having for its
object to prevent State from doing what it is
by the amendment forbidden to do," and corr
tinues its argument as follows:
If the amendment Is to be regarded as for
bidding State 10 refuse the right OF voting on
account of race, color, or previous servitude,
the legislation by which Congress is to coun-
teract the unconstitution.l action of the State
which does the prohibited thing, can extend
no further than to remove the obstructlons
which the State creates. to the exercise of the
right OF suffrage which the amendment recog-
| niZes.
Ifa State creates no such distinctions, but
its laws permit blacks and whites to vote in
discriminatory, the amendment executes it
self, and no legislation of Congress is needful
If State does create distractions to the eX-
ercise of the right of suffrage founded on
color, the appropriate legislation" compre-
hends all such exercise Of power by Congress
as may be needful to remove these obstruc-
tions, and nothing more. There Is no sound
lawyer In he country, accustomed to constitu-
ttonal Interpretation, who would venture, on
his professional responsibility, to 60 one step
further than this In constituting and applying
this amendment.
But, as if appropriate legislation" had no
sort of reference to the substantive object Of
the amendment, and as II 1t comprehended
power to create offences, which have nothing
on earth to do with the action of the States or
their laws, the law that has been passed In
three and twenty formidable sections bristles
with more usurpations than 1t contains provi-
sions that are possibly within the scope OF the
amendment, however unnecessary and super
fluOus. These usurpati0ns are so palpable that
it Is impossible to believe they We're voted for
en- n,dSSe by the Radical members in an honest
conviction that they are not usllrpations. Such
legislation can only be accounted for by q
greed and lust of power: that ''rauting amb-
tion which o'erleaps Itself" q determination to
control the country by terror and by creating
offences Of which no honest Judge or any Fede
raj bench can ever take cognizance.
The very title of this act shows that Congress
has oyersEot the market. 1t Is entitled IAN
act to enforce the right Of citizens Of the
United States to vote in the several States OF
this Union, and for other purposes What
some OF those 'other purposes" are, our read
efs will see The first three sections of the
bill, although unnecessary, contain provisions
which may perhaps find support In tine amend
ment itself US q source OF power TO enact them.
When we have made this concession, however,
we have exhausted the whole scope oil al-
thorlty that can possibly be found in the
tended that it goes one inch beyond con-,
ferrlng on Congress an authority to adopt and
enforce such laws as may be needful to pre-
vent State from excluding persons from the
exercise Of the elective franchise on ac-
count of their color, race, or previous condi-
ton of servltllde. With this object to accom-
plish, it may be competent 10 Congress. as is
done in the first three sections Of this bill, to
make it an offence against the United States,
for State officers to refuse to receive the vote
Of any colored person, or to prevent him from
doing the acts requisite under the local law to
secure the right OF voting; since the State can
be controlled, In respect to what 1t shall do or
not do, in regard TO denying or ahrldging the
right TO vote on account oi color only acting
formance of any duty under its election laws.
But going wholly beyond this, the bill contains,
in four other sections, an elaborate creation of
offences, as offences against the United States.
consisting of acts which could only be made
offences against State election laws, even if
they can be punished at all. These sections
make it penal for ''any person" to obstruct the
them not to vote, or to threaten them with de-
privation of employment II they do vote, &C.,
&C.; all of which have nothing In the world to
do with preventing the State from denying OF
abridging their right to vote, which Is the sole
object Of the amendment, and the final limlta-
ton of the legislative power which it confers
upon Congress. If the acts denounced in
these sections Of the bill, when done by pri-
udte ind,ritl,talS towards persons OF color can
be made criminal offences at all. they certainly
cannot be made criminal offences against
the United States, under constitu-
tional provision Which embraces nothing
but the acts OF State and incidentally the acts
OF its officers. And as to any authority in
C0RqreSs to create an action on the case for
damages against private indyiduls who NAV
do these wrongful acts towards colored voters |
which are mere private trespasses, there is no |
support whatever in an amendment of the |
constitution which Is limited to the removal |
or counteracton of distractions made by the |
State. Nor Is any legislation by Congre |
necessary; for there is no State in the Union |
where the common law would not give right |
of action to any person entitled to vote at any |
election whatever, against any other person |
who used force or fraud OrintimidatiOn to pre- |
vent him from voting.
But when we examine the objects OF this |
bill, as plainly disclosed by Its further provi- |
sions We shall see that neither constitutional |
limitations of power nor considerations OF ne
cessity entered into the plans oil its trainers. |
Having created offences which are clearly be-
yond the scope of the amendment, as an eX-
cuse for what follows, it goes on to create |
vast army of Federal officials, the extent of ]
which may be imagined when one considers |
any State, territory, district, county, city, par
isl, township, school district, municipality,
or other territorial subdivision. Not only |
are the Federal courts called upon to an
point these officials, but the President is |
specially empowered TO appoint others |
to arrest and imprison or bail Offenders |
against the law, in order to afford |
reasonable protection" to the colored |
citizen whose elective franchise is assumed TO |
be in peril, not only from all the States, but |
from all the white people in the land No limit |
to the appointment of these officials is fixed |
Wherever there is an election, and wherever
there are colored men, there must be these |
Federal spies, on the watch for costs, penal
ties, fines, and allowance for counsel fees"
The frogs Of Egypt, that came up upon all |
the land and into the houses, and upon the |
people, when Aaron stretched forth his rod |
Il ,Ic