New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-08

| And spctinr fFtpap of tba aD,ar5iDo a.
) nroyides a. foIioys. ''l
r That tbe inrisdiction of the Ciro,,i+ Cors
. of fine Tinted States shall ax+and IN al
cases in law or equity arising unde
the provisions of this act. or the act hereb
2 amended, and if any person shall receiv
any injury to bis person or property for, o
on account of any act-by him done, unde
any Of the provisions of this act or the ac
hereby amended, he shall be entitled t.
: maintain a suit for damages thereof il
the Circuit Court of. the United States il
the district wherein the party doing the in
jury may reside or shall be found
These two acts were passed by Congress
to enforce the provisions OF the constitution
OF the United States known as the fifteenth
amendment. Is Statutes at Large page
ll3l, which reads as follows:
The right of citizens OF the Jnlted States
to vote shall not be denied or abridged by
the United States, or by any State, on &C
count of race, color or previous condition
OF servitude.
| / SEC 9 The CONGRESS- shall have mower
to enforce this artinia nv aD0roDriatn Tagis-
lation
.,-a,.-,,, =, IT,. ,s.-.,,-
o Ill 49,,
81 " mn uaS ooS PIe,t LIio50 tn@u a Meoh
1r7tb aIInb PI o Fi7rae
49, 81 ntJ Iett4 i;';t
In+I 4J Lu,re"to" ~ 'ilG ~,
| c,,,tr.,4a,4 c. t1 ~ 1T - -
- 80 20 ~ ~ az mn my It'1
dooicinr, - Ia ---0 ~ '0Ano ~ ''ti
The hrst question to be solved IL. are tue
| acts referred to constitutional DO they
| IAN Wltnln the appropriate legislation au-
thorlzed ana imposed as duty upon Con
Less ~ 1lie STco4G SecloH oI lre atl ii
tlIouC - solSo IuIS Site9slon W. n195O Looh
" Cno ool0IV P5"PoH0u W o' aug I M W tue
was ~ pL?Ceot alI olll1eHS
VI tHo = hlt5u STATUS lnctuuln5 'll3 lecIn'4y
pau" on" III i CCioi o'c
otI,AeHo ~ INC Iui n.;,t LEO eAsloioo Vi
tn4 ~ ~ 'oto Nilo 9eals pre- io GUS
~ tiIo dupPriot oA uiIo aiii3lEul1leiit anu tHe
oL oo I 6a SCatutG3 pasSfl TO ENFORCE
Iti4 Sa,t5' aoooJHo VI tn t VIZ ~" JlL,
9TltuCo ~ 81 i01U oouy vi INC t'CIA0uo VI llo
oInLoIu moLo 'til CO ~ 10 oC oceS-
s"l n0io " IePG9D Ciio history VI SID cry
inl9 f oounlty NV ~ We, anu
W 'lo a. oGl
VI 80 'lee' IL
al ~ J 90 ~ IL M III
IaU pi Yer. anu clyiL war. lu9
a. oF no 400 OF do,Iio 11io
~ 1ooo'o9o VI peoPlc' ho
~ 10 Peooou il nv 9toII vi o,'nuaSe
" 'ne PoSSesSioli VI on !uG cl w anu poltl
TtI vi tS " ono ottIeu
~ 40 III pT9osoio s,iso 50 l"lso d oo1y VI
to +ta aesonIts of tho ,,reiud;oo ,,o+Ir,lI,
" Cno assaults Us o. o. CnS prejudice HatuIaliJ
En1wang GuC " theLL lIrLl@L GollultLon VIII
TuG ~ fn n9 afao So t
e[L,+ Use " tno
aIiL itSlt ] nc s"yo
~ 81 90 e'lit "
IN AZ .litlL p0Ao'"'' 'N0Ih IA"0I Uie0 anu
'"o'l PioP0i w.
congress mas leSlsIaFed ana given US the
acts referred TO as the means most appr0-
pirate tOr 66eGtlug the -OOl6Ct proposed.
iheSe aGVs nave D3eh hlghly eulogIzed by
the SOLICITORS on eOth slnes, and they seem TO
me 10 De most wise anu IN the highest sense
appropriate 1t is to be remarked that the
uICeehUn amendment Is most broad Id It's
comprehensiVeHess. though called into
existence III order to protect the freedman,
II protects as well all 0ther cltlzens, both |
native and foreign: 1t would protect the |
foreigner VINO nau become cltlzen sh0Gld |
another hnOW Nothing excitement agltate |
the nation and 1T would protect the native |
born should the foreign born citizen ever |
gain IN any State or locality an ascendency, |
and attempt to use that a5cendency oppres-
6ITtIy. The same may be said Of the acts
OF Congress to give practical effect
to the amendment. The PROVISION OF the con
stItutl0n, that no State shall pass law i'm
pairing the obligations Of contracts need
ed no legislation to enforce it beyond Civ
ing the right OF review in the Supreme Court
OF the United States to the party feeling
himself aggrieved. But III the case
OF the ftAaenth amendment, the helpless
ness Of tA&party to he protected rendered
a larger and peculiar jurisdiction necessary.
Congress. then, in the acts under COnsid-
Grafton, throw around all classes of citizens
these effective laws, and secured obedience
by criminal punishment; and
second, by clothing the candidate of the
voter with the right to prevent or redress
the wrong attempted or prrpetated upon
the vote by an appropriate civil action.
Now, what are the grievances set forth in
this case What are the allegations made in
The bill They are, that 10000 citizens of this
State have been, on account OF race, color
ant previous condition, deprived Of regis
-rau0n, and after due protfer of the right
10 vote, Ant that that 10, 300 votes, which
were IN tact cast tor the complainant for the
)fhce 0i Governor, have been, or are about
70 be suppressed by an Illegally constituted
BOARD OF returning ottcerS and that without
me INTERFERENCE OF this court these votes
Doth those refused and those cast, which
ought to be counted Tor the complainant,
VIII be lost to hlm, and that thereby he will
DC defeated: tor sad Office
These allegations are supported by up
ward OF 1nNi thousand anl4aYits OF the
actual voters. The chief defendant,
namely, II, Z. Warmoth, meets this weight
u testimony solely by his answer and aHi-
IaFlt' and certain acts done by him since
ne canvass commenced force upon my
Diho the DeIiel Jlat AIS defense rests upon
10 soild I9UhGa1'on' Inc further alega-
ION Is Made that the BOARD OF canVas5ers,
c&ahy constituted, are deprived by this
respondent OF the proper returns with the
ne" ~ deprive the GluIens OF the right TO
'ofe. IN other words, that the respondent
N TELIt tar Nf