The Placer herald., 1870-04-16
THE ATTORNEY.GENERAL AND FIF-
TENTH AMENDMENT.

colored pativeborn men to register as voters
in the face of positive prohibition both by
the Constitution and Laws Of this State
These attacks have not been manly argu,
ments which entitle them to respect from
sensible, respectable men, but en- the con-
trary, have abounded In slang, nsnuations
and mere assertions without fact or argu
ment to sustain them. We think the Al
torney- General took the legal, and sensible
view Of the question. Admitting The FIJI,
teenlh Amendment TO be legally part Of
the Constitution Of tbe United States. which
it is not aud still no colored man has a
right to vote. Constitutions are not always
self enforcing, indeed there is rarely a Sec
ton or clause in any Constitution which
can be enforced without statutory enact
ments. The Fifteenth Amendment contains
section, which, iu direct terms robs it Of
every set-entorcug characteristic, and makes
it nuIlity until Congress does enact the ap>
propriste legis ation to carry it into effect
The second section Of the Fifteenth Amend
ment is in these words:
SEC 2. The Congress shall hare po,oey to
enforce the provisions OF this article by appro-
pirate legislation.
Why this second section if the first sec
ton of the Ffleent Amendment is stlf-en-
forcing? VIII some Of tbess small fry
lawyers and ignorant scribblers answer?
The Constitution Of the United States is
grant Of powers to the General Government
by the people Of the States, to be exercised
only when necessity and the judgment Of
Congress deem such exercise expedient To
say that this Amendment is self forcing is
to b9lray an gnorance of the principles up
on which our Government is founded, which
must and should be extremely humiating
to any se'f constituted teacher of the public
The language Of this second section is ideu-
teal with that Of every grant of power found
in the Constitution to Congress. Torn to
Section 8, Article Of the old Constitution,
and marx the language used and compare it
to that above quoted: "The Congress shall
have power" to lay and collect taxes, duties,
jmpolts and eXciscs; to borrow money; to
regulate commerce; TO coin money; to pro-
vide naturalization laws; to raise and sup
port armies; to provide and maintain Navy,
etc. Bot it does not low that these
grants are sefenforcing or that Congress
is bound to DO any of these things. Con-
gress itself takes this view of the Fifteenth
amendm cut, as evidenced by the introduc.-
ton Of various bills for the express purpose
Of enforcing lis provisions. Why should
Copgress be engaged in passing a law to en-.
force lhe Amendment il it is sel-euiorcDg
VIII some Of these shallow pated scrlbblers
about the Attorney Generals opinion an.
swer? Congress Itself, radical and desper>
a'e as it is, gives the lie to those puny al
tackeis Of General u hamilton. Even man.
datory clause 10 a Constitution is not self
enforcing when applied to Legislative body.
For us ance: : The LEGISLATURE Of this Stale
is directed to provide for taking a census o!
the iuhaui ants everv ten years, yet 1t is not
done and therefore the Constitution IN that
respect is dormant. l. makes no difference
about the registration or non registration OF
Guloied men now, as Congress will provide
bv law for their voting and the enforcement
OF the Fifteenth Amendment but the truth
is that as yet, and uutil Congress does exer'
Il. Il
this STATE is legal, and the opinion of he
Attorney General is good law, sustained by
lhe precedents and practices of both State
aud National Governments over and over
again.
Suppose the Clerk of Sacramento refused
to register colored men and the boards Of
election refuse to receive their votes, by
what process Of law are YOU goiog to make
the FlUeenlh Amendment applicable and
punish these officers : There are no penal
ties provided, nor no mode Ct procedure,
and it is utter nonsense to contend that this
Amendment can tie enforced or made uni
form without Congressional action. Every
reasonable aud sensible man 10 the State
whose opinion is worth having will sustain
General Hamilton and so will the Repubi--
can Congress at Washington and what
need he care for these puny ignoramuses
who are swapping at his heels.
COUNTY TWAsURERs STATEMENT. The follow
ing is the County Treasurer's statement for the
five days ending March 5th, 1870.
Amt of cash recvd for Co. purposes S l0757 81
Amt OF cash recvd for State purps's 614 81
Total amount OF cash received dur
ing the month from all sources, -. Sll ,632 l6
The following are The amounts paid out Of
each County fund Tor County purposes
General Fund .................... So 10
Uospital Fund 235 95
School Fund Observation-Disclosures. 90
School District 355 As
Road Fund Districts. s............... 100 %
Amount paid out for County purposes 500 So
The following is the amount OF cash on hand
in each OF the County Funds:
General Fund .............S 4,634 So
Redemption Fund ................. 253 60
Hospital Fund ................. 4752 u