The States and Union. [volume] (Ashland, Ohio) 1868-1872, 1871-04-12
The Shellabarger-B Butler Bill.
somewhere
GRAFT.

LIZ Du6lldudlS Ol DuIlOl o1iA'
We propose.brieAy, seriously, in a ju.
dicial spirit, and, as far as a clear sense
of outrage on every principle of con-
stitutional law permits, calmly to ex-
anime somewhat in detail the legisla-
tive measure which, at the instance OF
the President. and in order to enable
him to do what he Pleases, has been
reported in the House of Representa-
tives, and is, if possible, TO be made a
Federal statute. Its putative father
is Mr.. Samuel shellabarger, but its
real parent is Mr.. Benjamin f, But
Ter, of Massachusetts. To begin at
the beginning, the very title is a false
hood and a fraud. 1t is called a chill
to enforce the fourteenth Amendment
which It'll not and then is added, tC
enable tito effect other and secret OBJ
iects, the elastic and mischievous "for
other purposes"-just rs, years ago,
the bill which incorporated the broken
and bankrupt Bank of the United
States aa a State institution was enti
tIed-Thaddeus Stevens being sponsor
-'.An act to repeal the State tax, and
for other purposes
We say it is a falsehood as to the
amendment, and SO it is. That
amendment provides for the common
citizenship and common rights of born
and naturalized residents. and guards
those rights against State" legislation.
1t has no earthly reference to the in
vasion Ct rights by private, individual
action, either separately or in aggrega
ton, so long as it does not rise TO the
level of the political organization known
as a State" "No State" says the
amendment, shall cartridge" mo
State" shall deprive. "No State
shall deny" If individuals do all
or any Of these forbidden things they
are amenable to State law, for the
Federal Constitution is part of State
law, and Congress cannot reach the
case. Indeed, it cannot be reached
at all except through judicial action,
such as in the experimental case of
the Louisiana butcher monopoly, and
the reserved power of Congress "to
enforce the provisions of the article" is,
of course, limited to providing, and
charging, and adapting this judicial
remedy. II is therefore a palpable
falsehood to describe it us a law ''to
enforce the fourteenth amendment"
1t has q closer kindship to the fifteenth,
though even there adverse action by
individuals is cot provided for.
II is the consciousness of this pre-
liminary fraud, for these Radical semi
lawyers and judges are not wholly
brazed, which embarrasses them on
the very threshold of their enactment
its first section 1t provides for a
right of civil action. at law or in
equity, for an injury inflicted by indi-
viduals, not as a wrongful act per Sc,
but from a wrong ''under color of
any law, statute, ordinance, regulation,
custom, OF usage of any State" This
is the poor, hypocritical homage that
is paid to the letter of the Constitu-
ton, and of course it is the most in
nocent part of the measure, for the
enlargement of civil remedies, howev-
er s~uperauous, rarely does any harm.
A bill in equity or al action at law
against a Ku-kluX is very innocent.
This, however, is the merest dodge in
the world, for the Sing is in the
outrages nature Owe mean as matter
of law of the penal provisions
There, there is no pretence of regard
for the Constitution, originate or amend
ed, fourteenth, fifteenth, or any 9TH
er article.
1t creates an offence hitlIerto-ex-
cept in one limited case in the high
seas unknown to Federal penal legis
lation-conspiracy. 1t Furnishes any
two Cor more) persons who cnnspire
to do any act in violation of another's
Constitutional rights, which, eff com
mitted within any place where the Uni
ted States has jurisdiction, would be
murder, manslaughter, mayhem, rob-
befy, assault and battery. perjury,
arson. or larceny" Reading this over
rs carefully as we know how, we rub
our eyes to be sure we are awake, and
read it over again, and, at every read,
ing, we are more and more puzzled.
Granddaughter" as Butler knows, is
killing a man III hot blood, without
malice, and, of course, without pre-
meditation. How, we modestly and
d~eferentially ask how can there be a
conspiracy to commit manslaughter."
Mayhem" is rather. more to the
purpose, but still it, too, has its per-
plexities. 1t is, We read i'll Black
stone, the violently depriving another
of a member in useful fighting
Hence, if the Ku-klux combine to
deprive a negro of his franchise by
breaking his arm or pulling out his
front teeth, we can understand it; but
then we are told by the same book by
cutting off Il mans nose or a is not
mayhem, as it does not tend-this
General Butler will Appreciated
damage warlikc attributes, but merely
to- affect personal beauty. Therefore,
if the Ku-Klux censpirc to deprive n
negro of either of these non-esscntial
features, they may do so with absolute
IMMUNITY We are equally at Il loss
to imagine how any ones "rights,
privileges, or immunities under the
Constitution and laws of the United
States" can be violated by "arson or
larceny" but Mr.. Shellabarger thinks
differently, and we are content to let
it pass, not desiring to be captious
about trifes when gravcr things are in