The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-12-07

zens. But that amendment does not
give tho right OF suffrage. Copgress
bad not stiii been educated to the idea.
They tried the persuasive plan, and de.
clared that should discrimination be
made in voting, representation should
be proportionabiy diminished, thereby
conceding that, in their opinion, the
power to regulate the right OF suffrage
remained entirely to the States. The
States. In that respect, are sovereign
were before tho Constitution, and are
recognized to, be 30 by the fourteenth
amendment. Now, what does the fit.
teenth amendment do? Does it aim to
grant right, c- &c aes! With {: s;Sh. 81
ready exiating2 Where did the right to
vote exist? Il existed In ths laws OF the
several States, nnd cannot be considered
as conferred by this amendment Suoh
q construction would be gross injus-
.:cs tc Congress. The counsel OF the
Government have presented their view
OF the case in as able manner as it is
possible for it to be done. They have
spoken as well and ably-I hope they
will pardon the condition-as could be
done on that side of the question. They
hold that the States, by adopting the
amendment, have conferred such power
on Congress. The most natural uues.
tion that here arises is. why they didn't
say so. 1 am confident, may it please
your Honors, that il the fifteenth amend
ment had, in unambiguous words, at
tempted to deprive the States OF the
powcr to regulnte suffrage, it never would
have been ratified. Our ancestors were
jealous Of this right, and not only would
not give it, but expressly denied it TO
Congress. Can we now undertake to as-
sumo that, by the ratification of the fif-
teenth amendment, it was contemplated
to change the very framework of our
Government, and that we conceive our
selves so much wiser than the patriotic
founders of the Constitution Did not
Congress simply say. We desire to pro-
tect certain class-not to confer a
right. but to preserve ono already
granted?
Now. may it please your Honors. under
what authority does Congress presume
to pass the Acts of May 81. 1870. and
April 20, 1871? The learned counsel
cannot surely find the authority under
the original constitution. The Act of
April 20, 1871, is assumed to be passed.
by authority Of the fifteenth amendment; !;
for the Act Of the Goth Mny, 1870, there
is not the shadow Of authority. Nor SO
far as the first section of the ACT iufers,
that the amendment granled the right of
suffrage, it ;s void for want of authority,
for reasons already urged by me.
In the mode of electing United States
officials. Congress has some power; but
where does it get the right to Interfere
in State elections in any manner whatso-
ever? Tho amendment must be con-
sidered side by side with other equally
potent PROVISIONS of the Constitution,
and construed 30 as to work consistently,
if possible. Do you suppose, your
Honors. that il tie amendment had been
worded 80 as clearly to give Congress the
power assumed by this Act, that it would
have received the sanction Of the States?
II Congress can pass auoh a law all this,
it can regulate suffrage in every respect;
can fix tho age, aud eau even extend to
women the right OF suffrage, not as be-
lieve that it is intended for them to min
gle in these base concerns that stir the
passions OF men. but fitted for higher
and nobler purposes. If Congress can
not, it ID simply because the fifteenth
amendment does not give them the
power claimed under this Aot. The
counsel stated yesterday that they found
it extremely difficult to frame an indict-
ment under this Act. Well may they
say SO. The bill was evidently drafted
by some one utterly ignorant Of the form
OF legislative enactment; and We must
admit there are some such in Congress
now.
The seventh section provides that if
in the Act of violating any Of the pro-
visions OF this Aot, any other felony
shall be committed, the punishment
shall be the same as that affixed to such
felony by the laws of the State in which
the felony is Committed.
The counsel say that the ascertainment
OF the felony is not for trial but to serve
as the measure of punishment. They
say that the United States has no juris-
diction over offences against the laws OF
q State but will punish for it. What did
they think when they framed the indict.
ment. and concluded against the peace
and dignity of the State of South Caro-
lima? They argue, may it please your
Honors, that if the prisoners are convicted
it will not divest the State Of the right
to prosecute But, suppose the addi-
tional felony be murder, as it is in q
number Of cases, and the prisoner is, by
sentence Of this court, hung, csn the
courts of South Carolina try and hang
him too? Men have not the lives Of cate,
There is no definition, your Honors, OF
the offences to be committed in conneo-
ton with conspiracy, except the general
term felony. There are, in some of the
indictments, q charge Of murder. II the
prisoners are tried in this court for MUIR
der, and escape, could they not evade tie
State courts, under protection of that
fundamental principle. of criminal law,
that man shall not be put in jeopardy
OF his life more than once for the same
ofence. A few more remarks, and
have dono. Grave questions, involving
the constitutional powers Of the General
Government, aud o conflict of it's