New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-11-28

relief required. Let them bringthe suit.
You are bringing this case u perpetual
. testimony, inticting this publ3 calamity 0
y the State, and for what nat you ma
establish your cause of actiel. ana Wha
is this causel That A, al Y have bee
denied the right Of suffrage 1t is made til
duty of no supervisor to preserve :he eY
2 dence that any party has Jeen deprived q
suffrage ON account of pee, color or pre-
vious condition If we were to turn owe
to YOU every return and ertiicate into you
hands, you could not brng the suit for yo1
) would still have to g OUTSIDE and e6tab
lish the fact of your allegation.
The counselor real from the oil the al
legation that men Of color were refused
registration
It was contemplated that the United
States supervisors should have eVidsnee
of this, and the parties come INTO
court and aver that they have that
evidence New let it once be determine
that the court has jurisdiction in tbs mat
ter, and tbs court has jurisdiction over all
| the subject matter. You want us5o feed d
puny infant that it may become giant to
| crush us; to give you human lape that
| voc may breathe into it a soul o convert
| what is now shield for our proectlOn into
| asword for or destr IctiOn. d. GU al eye IN
a single line that Colonel Nc Enry has con-
| nived at any such practicesl As Foltalre
| said, were he charged Witheteahng the
dome of St. Peters, he Coul' do no more
than deny it, Were it not fo the fact that
| the circumstances Of the cae required it,
] would pass over the bill without denial
and with cOntenlptuOus si2nce. But We
have fallen upon such eyi times that the
mere tact of a gentleman being candl-
| date for office is made tie basis IN this
| court of the most calumnids asperslons.
| In the enforcement lavlt struck me as
| being very peculiar that 10y the twenty
| third section a party is resrlcted to but one
| cause of action. You nay perpetrate the
| most unheard of frauds still he can not
| come into court except ulder the allegation
| chat he is deprived OF hj rights by denial
| of the right of sutfrageJn account OF race.
| color or previous condition. This isolated
| case was put into the law, not tor the pro
lection of the candidae or in his interest,
but for the protectOn0t the voter And in
the interest of the v6er the law provides
that the party shall jring the suit, not that
he fears he will be dfeated, but that he has
been declared defested by reason of retus-
ing these votes, and notwithstanding the
PRONUNCIATION of he result, the court will
see that the right O$ those voters are pro.
tecteJ.
1t was cSuef il Congress 90 ash Of can
didate to wait until the election was closed;
cruel to bind down with iron bands party
who appeared in court to claim the office.
The wide interest which this case has eX-
cited think has been due IL the great
jurisdicti0nal drama now being played.
Lawyers have become dizzied by the
thought Of how d simple bill in chancery
could SO completely subvert the foundations
Of a State: that lever should b6 placed
under the superstructure of State and the
whole be razed to its foundations. 60 as
far as the learned counselor Mr.. Beck With)
in recognizing She revolution which has
lately been accomplished l grant that
Congress might enact law divesting the
people Of a State even of their citizenship.
and thar The supreme courts OF the States
appealing to the federal court might be
come degraded in Hheir prerogatives to the
position Of county courts, and that acts may
be passed of similar description, still We
are entitled to plead our constitutional OK.
emption from the Jurisdiction Of the cOurt.
Mr.. w. W. HOWE first Geam it b gu
90 controvert the position taken by the
learned counsel (Mr. Beckwithi before pro
ceeding with the points which, in the divi-
sion Ot labor, had been allotted 90 tlc dit
terent counsel.
The case Of KreiPer had nothing 20 30
with the election law of 1870. nor has the
ease OF Brewer, both of which had been al
Iuded tc. Have the counsel forgotten the
great excitement Ceigning in this city some
time ago. threatening to bring this state to
the verge of revolution ! when, not the
buS che repeal .! She laws
election shall! be repealed! !
They We're repealed and are A0V as dead
as Pharaoh $ mothers mothers mummy and
it mighs as well be said that the Sepoys
blown from the mouth OF the British guns
were in force as they.
Is this suit brought against Governor
Warmoth as Governor? If so, the court
has no more jurisdiction than the sixth JUS
tice Of the peace For it has been detes-
mined that a suit against She Governor is
against the State. The complainants CON
template denying that this is suit against
A State, but that ie is against citizens OF .
State by citizens of State, Now, there is
40 clause IN the constitution c0nferrine upon
Congress the right to pass this enforcement
aw; and if that is true, then this bill must
% dismissed for the lave if unconstitu-
5ional, il OF 20 more value than so much
waste paper. In the DennEOn case, Willis
Iago, obeying the law of human sympathy,
iided his brother in servitude 20 escape,
.n4 then fed to the more cOngenial atmOs-
,here OF Ohio. The Governor of Ohio de- !
lined 20 give him mp on the ground that |
he aeH 81 Willis Lago, il helping his |
brother go escape, was no crime, and was
to force him to deliver up the |
fugitive. But the Supreme Court declined,
Notwithstanding the fugitive slave law, to !
landamus DennlsOn, on the ground that |
congress had no right to pass the law, and |
ence it was no more to Governor DenEison
han d moral admonitiOn, The legal tender
CO was declared unconstitutional, though
was delicate matter; and n0tWithstand- /
lg the delicacy of the matter, should you
nd 1t unconstitutional SO declare il, and
ou will do your duty.
When the fifteenth amAn4lrrpr% ifacIarn1 I
nat the right of a citizen to vote shall not
e abridged by any State, it means exactly
hat IL says, and it does not declare that
0 individual shall abridge those rights,
ut that no State shall do it. When, there
IRE, this amendment declares that the right
citizen shall not be abridged, it means
lat no State, as SUCH shall abridge those
ghts, and gives no power to any citizen to
le any other citizen in the United States !
)urts on the ground that the rights had
cen abridged, Suppose that, under the
a law of twenty-three sections
, passed, making it felony to confer any
tie of nobility, would it be pretended that
le man could not address another with
tie Of nobility Take another question:
g inViolability of contracts, which is CON
ined in the constitution, lies at the
undation Of all the teamwork of society
I'd influences everybody, whether voters
noV. suppose congress should pass a
W enforcing the constitutional provision,
ID direct that no man should violate
ntract because the article provided that
State should violate a contract divest
sted rights, etc, would that be constitu-
malt
Suppose that Congress should pass law
enforce the article Of the constitution:
10 State shall deprive any person Of life,
,erty or property, withou5 due process of
VI" which law should direct that no man,
individual should be punished for felony
)uld it not be determined that Congress
n no nnyyer IN mass srIcb a larl Grnnosa