New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-05-28
JUDGE BUSTED ON KU.KLUX.
Exposition of the Law.

Exposition of the Law.
The Montgomery Adrertiser publishes the
charge of Judge Busted to the Grand Jury
of the United States District Court for the
Middle District of Alabama, which may be
regarded as an authoritative exposition OF
the Ku-klux law by one of the judges
charged with its enforcement:
You have been brought hither to aid the
court in the administration of such of the
laws OF the country as are passed by Con
gress. Recent changes, by way of amend
ments to the national constitution. have
greatly enlarged the sphere of operation of
these laws. The general government has
seen fit to take upon itself the task of exer-
cising a police power within the States,
which, until now, was exercised exclusively
by the several States. The right of the gov
eminent to do this can not be disputed. The
organic law provides for it. The sixth arti-
Gle of the constitution peremptorily asserts
it. 1t says: This constitution. and the
laws made in pursuance thereof. shall be
the supreme law of the land, and the Judges
in every State shall be bound thereby"
1t will be seen there is nothing left for us
or for you, nothing RENTED to inclination.
no room for the exercise of choice, no alter
native that we may prefer or refuse; nothing
but healthy, hearty, honest obedience to the
mandate. All that remains to the Judges is
to declare the law, to interpret to the peo-
| pie what it is the legislature says they NAV
and what they shall not do and if needs be
to enforce compliance by an application of
the pains and penalties annexed to the
commission of offenses. And all that re-
mains to the citizen is to obey the public
enaetments. He may discuss their wisdom
he must obey them. He may think there
was nothing in the condition of the State
that rendered their passage necessity or a
propriety-he must yet obey them He NAV
even regard them as illiberal, UNEQUAL and
Oppressive-he must still obey them. Auy
other rule subverts the social order. endan-
gers the public safety, and makes life, lib
erty and property the prey of red-handed
ana gluttlnous passion. ANY other rule is
the fOrerunner of chaos, confusion and
blood.
indulge in these remarks because / am
informed by the attorney for the United
States that he has reason to believe. and
does believe, that in the middle district of
this State there have been several gross vio-
Iatlons of the law of Congress approved
May 81, 1870, commonly known as the en-
forcement act, and that it is his intention to
submit these alleged infractions to YOUR
body for consideration and action. 1t is to
be hoped that the representations made to
the district attorney are either not founded |
hear the evidence in the cases they NAV |
wear a less criminal aspect than is supposed. |
Ii, however, the truth of the matters shall |
appear as alleged. your duty is as plain as |
your oath OF office is solemnly imperative.
That oath. taken in the hearing of your fell
loW-men and containing an appeal to God.
requires you not to ''leave any one UMPIRE
sented for fear, favor. affection, hope of re-
ward or gain. but to present all things truly
tn Gnn Lodi |
the best of your understanding"
The good name and fame of the State of
Alabama are inseparably connected with
the hdellty of her people to the laws. No
man, whoever he be, whatever his preten-
slOns, is honest or patriotic who, in the
remotest degree, by look, word or deed,
aids, cOuntenances or encourages the i'll
behavior which is declared against. 1t is
high crime at this delicate juncture in our
political circumstances to bring about
necessity for applying to these communities
the stringent cOrrectives contained in the
act of May, 1870, and in other recent legis-
alton of Congress.
The true, the peaceable, the only consti-
utlonal means of getting rid of an obnoy-
Gus law is to procure its legislative repeal.
This, under a republican form OF govern
nent, is sure to occur whenever the majority
# the people are persuaded that it should ,
re repealed. Until that time, the minority
must content itself with the use of moral
uasion and instructing the public mind,
Nth the view of producing the desired :
hange in the public sentiment.
The sixth section of the act of NAV 81. to
'hich have referred, is in these words:
And be it further enacted, That if any
wo or more persons shall band or conspire "
)gether, or 90 in disguise upon the public :
lghway or upon the premises of another, =
18th intent to violate any provision of this !!
CT or to injure, Cypress, threaten or in :
mdate any citizen, with intent to prevent !,
hinder his free exercise of day right or =
ifcttege granted or secured to him by the
institution or laws of the United States or = !
ecause OF his having exercised the same, u
zen persons shall be held guilty of felony" .
A lew weeks since it became my duty to I"
We judicial construction to this section :"
ne necessities OF the occasion prevented u
y bestowIng as much previous cOnsidera- u
On on the question as | wished, and as its
lportaHce warranted. SUBSEQUENT refinc- e.
IN, and the concurring opinion of the Hon. "
lillian b. Woods, Circuit judge of tbe Ia
nlted States for the Fifth Judicial Circuit. U,
a case consider analogous in principle re
I'VE strengthened my confidence in the u
rfectness of the views then expressed bv 10
e. and now charge you that the act Of 10
Dh@ress of May 81, 1870, embraces. and w
- intended to embrace every species of sl'
H. PicSsIon cduseu 10 any citizen -
the consplrlng together of two or more te
I Isn with intent to prevent or hinder him M
, ine lree exercise and enjoyment of any
~ ~, vi privilege granted or secured to him
the constitution or laws of tbe Tinted z,
ates." "a 'n0 ohltou ~
nf ne intention of Congress was to provide br
I ~ immunity to the humblest citizen tn,
the land against the combined or associ. tn,
"a effort of two or more persons to iniure tn,
70 opR press, MN, In any matter affecting ele
ne, hperty or the pursuit of happiness , ba
rhus saith the law, gentlemen of The inrr a an
its utterances ''the judges in every State WI
al be. bound" By its utterances iudic an
ny declared, the people in every State Yo
Ill be bound By it you must he bonnJ do,