New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-03

dlu CdlTd5SOu. 1RoIOED1S Zig COL4A5CL AA4EAE
as we'll go back 10 the deluge, as to any
period before the adoption Of this amend
ment Under this there is nothing that
Congress can not do (which shall De appro-
PIRATE Iegislation) to enforce the right of
the cOlored man to vote, and 70 60 IGrtGer,
to hold that every vote denied should De
taken as if it was cast for 1t was cast under
the Iawj | have offered to prove that from
twelve to fifteen thousand men We're denied
the privilege OF voting. This vexed ques-
ton of suffrage was at last pronounced upon
finally and forever in the amendments.
What a mOckery was the DEeu Scott de-
cision. that no descendant Of q slave could
ever come into circuit court OF the United
States so claim his rights When the ques-
ton vexed Congress again i 7exed LIN
coin, and the pitifui project came up to
pay for the emancipated of slaves of the
South Then came the emancipation pro
Clamatlon, a military necessity and the
master stroke Of the war, which hung upon
US 1000 900 of enfranchiSed slaves Then
came the amendments and tie laws under
them, which direct that the COi0rGd man
shall be tree and his freedom SHAH oe Tor
ever maintained. (Law5 and statutes IN
Mississippi and Louisiana providing for the
arrest and management OF vaSrants
and apprentices, negroes, freedmen and
muIattoes, and infiiCting penalties upon
theml It was to prevent enanclpa-
ton being disreg garded and trted
with, the counsel held, By such laws, which
virtually reduced him to slavery again,
that these amendments were passed. Laws
were further read providing foc corporal
punishment being inflicted for disoDedience
of orders of his employer, among them laws
of Florida and Virginia. Sueh ''Vagrants"
were to be punished in these laws with ball
and chain. with the whipping post. made
quate wages were provided tor making the
whole condition one OF serYltude OF the
coIored man in all but its name. This pic
ture of the cOlOred man again falling into
slavery BIZ enaetments was presented to
Congress. and the question arose OF how to
prevent it. What would the world have
said were such condition of things allowed
to remain as IN the year 1853! And hence
it was that suffrage was placed on an en-
during basis, and it was made the interest
Of candidates to see that this right was
respected, What a labor would it be were
the parties aggrieved by denial Of the right
of suffrage TO bring in writ of quo war
ranto; what labor like that OF the mountain
which brings forth the mouse. Il was there
fore provided that the votes cast through
a demise OF suffrage OF the c0lored man
should 90 for nothing. Had Mir. kellogg
come into the court and simply said, II um
about TO be defeated by refusal Of col0red
men Of the opportunity to vote that would
have been sufficient. I he care OF Freeman
vs. Hood (24 HOWe), was where Che plain
tiff having his property seized, mad gone
into the United States Circuit Court and
replevined it, and it was deC;G9d thab the
| principle was that il the court had juTis-
| LIictiDn over the main II mad over the aux
| Hilary suit. The jurisdiction Of the Cours
comes simply from this matter; the whole
question regarding the right Of voting is
made subject to the jurisdiction Of this
court Suppose in Case Of struggle 6OT
| patent it were said that Che plaintiff was
not the assignee OF the p8ta1t would She
court not have jurisdiction over the main
case OF patents; that the court had not ju-
risdiction over the incidents as vel! as the
original case So !e is il ShiS case:
the court has jurisdiction oTeg the
canvassers, an inCideQs, GOliat-
eral issue as well as owe! the
main question. The law gives the court
jurisdiction over all cases arising under the
provisions OF the law which has settled that
the wrongs which may arise under denial
of the right to vote to the c0-0red man. 7
do not believe that Congress sP carefully
cODsit!ered Che law that L il 20 be bahted in
its purpose. see nothing il this but the
| tremendous ingenuity OF COunse. The fra
mers Of this law sought to S-rT the question
out oG sight. to settle il. 20 establish bull
wark which weUl4 caGdaS -. efforts di-
9eCte3 70 the object 0t denying the right 20
vote 5Btile, ana to atsGo . remedy u .hIs
coute. AZ :hat your hoaoS has 70 dc is to
ask are Sheae arerinencs erue have fA"Te
been SO many thousands de2!ed the onpoT-
tunit7 Of veting by o refusal % regis5ra-
! eion9 la case arising IN 4'4le where g the
soIdies vote" %Fas refused al6 q n.andamus
was applied for and Obtained. L! was
case arising precisely sjn.La. % Tie case il
point, wbePe the pro2riesy % any mode by
which redress may be had OF wrongs in
ficted under the disobed1ence "a che law.
the propriety o. any proceeding vas :ecog-
nzed and affirmed,
Here the counsel closed. e continue at
session OF She cour? To-day. - wbieA the
court adjourned