The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-04-08
The Calf Bill.

" LOW ltlHus tcsSS GoS !" o'>iN9N~>' ~,
.s;;; as oues" inquired a waggish sehooi
master of his pupils. ''Five r was the
unanimous response. mot So" reJoineo
the master. "calling the tail leg woulo
no, make it one" SHELLABAReER has MOI
vet learned the lesson which the school
master taught his pupils in this eoiioguy'
He not only says, but proposes TO declare
by law, that to call tail leg VIII
make It one. The Constitution PROVIDES
that no State shall deny to any Of It's c''i'
IONS the equal protection OF the laws, just
as II oroyides that no State shall deprive
negro OF the right to vote. the meaning
Of the former provision iso course 'fat no
state shall pass any lar denying to any OF
,ts citizens their privileges and immunittes,
inst as the meaning of the latter provision
i that no State shall pass any law
nrobibiting negroes from exercising the
r,ebt Of suffrage. Now, If Congress should
mass an act declaring that If two or more
persons in Virginia should conspire to de-
priye negro Of his right to vote, 1t should
be deemed the act Of the State, that body
would not be guilty Of grosser violation
of the Constitution than it would commit II
il should pass the new Guklux bill. This
bill, proyides that if the State authorizes
shall refu.e to call upon the President OIL
the United States for troops, such failure
shall be deemed denial by such State OF
the equal protection Of the law" to which
the negroes are entitled under the l4tD
amendment. 1t is the first time in the his
tory of the country that lie was attempted
10 be enacted into fact. Does any lawyer
in Congress really hold that ne can
thus abolish the Constitution by law:
Think of it. These gentlemen are scrupu'
lously conscientious, let US imagine, and
have declared on the floor Of the House OF
Representatives that they will not vote FOL
anv bill which violates the Constitution
"No more will L." says SHELLABARGER
az will give you bill which shall provide
Sin the very language Of the Constitution
itself for the punishment Of these south
I" ern kukluX klans." And so he fixes w
the bill in question, which, by simply de
claripg that faisehood is fact--by assert
ing that to he denial Of rights guaranteed
by the Constitution, which every lawyer il
Congress knows is not such denial as the
Constitution contemplates- overcomes al
the scruples Of the members! This prac
rice Is like that of certain divorce lawyer
in New York, who prepares all the papers
in his eases in his Office, even to the aftda
Wit that notice has been served upon the
defendant. He serves no such notice, OF
course. but then he Swears that he served
it, and this Get of perjury gains his case ioi
him. So with saELLABARGER. The state OF
facts which his bill provides shall be deemed
denial Of the privileges and lmminitleS OF
the negroes IL no such denial within the
incoming of the Constitution. The deriara-
,ion that II shall he so deemed is nothing
less than legislative lie, and the members
who voted for it, knowing its falslty, were
inst rs truly guilty OF perjury as the divorce
lawyer aforesaid.
But this is not all. Congress has no
power to corstrue the Constitution i'll this
way. It l. for the courts to decide such
questions. Congress has as much right to
pass o law providing that to quarry granite
shall be deemed violation OF that section
II the Constitution prohibiting the states
from coming money, rs il has to pass sncb
law aa the one proposed by SHELLABAR-
GER. The Constitution prohibits The States
from emitting bills of credit. Congress
might pass law declaring that the issuing
OF State bonds should be deemed a VIOLA
ton Of this section of the Constitution.
Bit would that law make it 50? BY no
means. The courts would pronounce the
lew itself unconstitutional. SHELLABAR'
0rR's bill rs grossly violates the Constitu.
ten rs would any of tho supposed laws
with which We have Illustrated our argyll
ment. And if the judges of the Federal
courts We're such men as once graced tho
iencb Of this country, such law wouia
40: stand twcnty-four hours after 1t shouli!
have hceu questioned before one Of them