The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1871-07-20
JUDGE HILLS CHARGE TO
THE GRAND JURY.


for the Southern District Of Mississippi,
July Term, 1871.
The Court, among other instructions
TO the Grand Jury, charged them. as fol-
lows:
GENTLEMEN Having briefly called
your attention to the other Acts of Con-
gress, creating offences, which, if they
have been committed in your district; and
are not barred by lapse of time, 1t will be
your duty to take cognizance. L VIII
now call your special attention to three
Acts of Congress, passed for the purpose
of enforcing the rights conferred under
the Thirteenth, Fourteenth and Fifteenth
Amendments to the Constitution of the
United States, all of which amendments
have been adopted under the prescribed
forms, and now constitute a portion of
the fundamental and paramount laws OF
the United States.
Heretofore there has been considerable
discussion between the politicians, and es-
pecially the political press, in regard to
these amendments of the Constitution,
and the laws enacted by Congress, to en-
force the rights intended to be secured by
them but the evidence now is, that
among all parties, with some exceptions,
these amendments are settled upon as a
part of the Constitution of the National
Government, and that the Acts so passed
to give effect to them, are to be enforced
rs the other laws Of the land. And
were this not so, you and /. constituting,
for the time being, part of the Judicial
Department of the Government, have
nothing to do with the policy or impolicy
Of any of the laws passed by Congress.
That is question properly left with
Congress, the law-making power. Our
duty is to enforce the laws, not to make
or unmake them
Neither have you or / any power to
pardon offenders against the laws; that
is executive power, and can only be exer-
cised by the executive department. of the
Government. Some discretion, it is true,
is left with the Court in fixing punish.
ment, being governed by the character
of the offence, but with you no discre-
ton is left. If the evidence shows the
guilt of the party accused, you have
nothing to do but to present him, and
leave the rest to subsequent proceedings.
With the exception of the 9th, 10th,
18th and 18th of the Amendments to the
Constitution, made since the original was
adopted, all were restrictions on the pow.
ers of the National Government, and Sc
cured no right, considered ia an affirma-
tive sense, and required no legislation for
their enforcement. The results of the
late war and attempted severance of the
National Government, induced the Thir-
teenth, Fourteenth and Fifteenth
Amendments referred to, and which
positively conferred rights upon large
number of the inhabitants of the United
States, never before enjoyed by them
in a word, guaranteed to them all the
rights of any other citizen, both civil and
political, but which guaranty would have
been of no avail but for the power given
to Congress to pass such laws as would Sc
cure and enforce them, all of which was
given to Congress by the Amendments
themselves. The legislation has been
made, and you, as grand jurors, are COM
PEELED, under your solemn oaths, to in
quire into its violation, and if violated,
and you are satisfied from the proof, to
present the offender.
The Thirteenth Amendment was to
make final and complete end to African
slavery, and to provide against its recur-
renee in any place over which the Ma
tional Government has control, and gave
power to Congress to secure this object
by appropriate legislation.
What is known as the civil rights law,
passed 9th April, 1866, was intended
mainly to secure those before denied
their civil rights, by reason of color,
race, or previous condition ofslavery, the
same rights as to person and property, as
those enjoyed by white persons, and pro-
tect them against any punishment for
acts done by them, and to which white
persons were not subject for like acts, and
provides it shall be misdemeanor for
any one of the class of persons men
tioIwd to be denied any of these rights,
or subject to any punishment mentioned,
under color of any law of any State,
any ordinance of any municipal author
ity, (that is, city, town, or other munich
pal body), custom, or usage, and subjects
the offender to Indictment and punish
ment in the Courts of the United States.
To constitute an ofense under this act,
the right must be denied, or the punish
ment inflicted, by reason of race, color,
or previous condition of slavery, and that
under color of some law, ordinance, Gus
tom, or usage. The offence must have
been committed within the past two years
to require or justify you in making the
presentment. The Legislature of the
State, soon after the passage of this Act
of Congress, wisely repealed all laws in
conflict with its provisions. If, however
there are any ordinances, customs, or
usage in conflict with its provisions, and
the provisions of this Act, and have been
violated within the last two years, YOU
should endeayor, if possible, to ascertain
the offender and present him. This is
all that deem necessary to say to you in
reference to this Act.
will next call your attention to the
provisions of the Act of Congress known
as the Enforcement Act, approved Nav
3lst, 1870. This Act was intended by
Congress to enforce and protect all the
citizens in the United States in all the
rights, privileges and immunities guar
anteed to them under the Fourteenth and
Fifteenth Amendments. The Thirteenth
Amendment made all persons free, ire
spective of race, color or previous condi-
ton of servitude, but went no further.
The Fourteenth made them citizens of the
different States, as well as of the United
States, and guaranteed to them their civil
rights as such, but went no further. But
as a means of securing that which had
been before guaranteed, the Fifteenth
Amendment was adopted as guaranteeing
political as well as civil rights to all, with
out distinction as to race, color or pre-
yious condition, and gave to Congress the
power, by appropriate Legislation, to en-
force all of these rights, privileges and
immunities. The Civil Rights Bill, al
ready mentioned, being applicable to the
Fourteenth Amendment, was re-enacted.
H. Il