New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-09

| And section fifteen of the amending act
| provides as follows:
That the jurisdiction of the Circuit Court
| of the United States shall extend to all
| cases in law or equity arising under
| the provisions of this act, or the act hereby
| amended and il any person shall receive
any injury to his person or property for, or
on account of any act by him done, under
any of the provisions OF this act or the act
hereby amended, he shall be entitled to
maintain suit for damages thereof in
the Circuit Court of the United States, in
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. l6 Statutes at Large, page
49, which reads as follows:
The right Of citizens of the United States
to vote shall not be denied or abridged by
the United States, or by any State, on ac-
count Of race, color or previous condition
Of servitude.
SEC. ?. The Congress shall have power
to enforce this article by appropriate IegIs-
latiOn.
The whole matter involved in the discus
sion which has occupied more than a week
before me has been presented on both sides
with such ability, research and tuliness
that l feel greatly indebted to the solicit
OFS OF U0tu Inc COluD Idlud41U dILu II1C
respondents for the aid which they have
rendered in enabling me to come to an early
decision.
The first question to be solved is. are the
acts referred to constitutional! Do they
fall within the appropriate legislation au-
thorized and imposed as a duty upon Con
gress by the second section OF the amend
ment! To solve this question We must look
to the object proposed to be attained by the
amendment. 1t was to protect all citizens
Of the United States, including the recently
emancipated and enfranchised cOlOred
citizens II the full and free exercise Of
the right to vote. Nine years previous
to the adoption of the amendment, and the
enactment of the statutes passed TO enforce
the same, 100000 Of those who now CON
stitute the great body Of the citizens Of the
United States were slaves. 1t Is not neces-
sary here to repeat the history Of slavery
in this country. How it was, and continued
to be from the very foundation Of our gov
eminent, source of internal disquiet in
creaging wear by year until it eliminated in
2 nlost bitter and devastating civil war. The
result of that war was the emancipation and
reimbursement of 4 ,00O,O 900 OF people, who
thus passed rapidly from a state OF bondage
to the possession of all the civil and pOliti-
cal rights of citizens of the United States.
It was impossible that so large body OF
people should be suffered to remain exposed
to the assaults of the prejudice naturally
growing out Of their former condition with
out securing to them, through congressional
legislation, a free and perfect use Of the
vote which the fifteenth amendment gave
to them as a shield and a sword OF protec-
ton for their persons, their liberties and
their property
Congress has legislated and given US the
acts referred to as the means most aDpro-
70 the Dbipp+ nrGnOEpI-
These acts have been highly eulOgized by
the solicitors on both sides, and they seem TO
me to be most wise and in the highest sense
apprOpriate. 1t is to be remarked that the
fifteenth amendment is most broad in its
comDrehensiveness. Though called into
existence in order to protect the freedman,
it protects as we'll all other citizens, both
native and foreign. 1t would protect the
foreigner who had become a citizen should
another Know Nothing excitement agitate
the nation, and it would protect the native
born should the foreign born citizen ever
gain in any State or locality an asCendency,
and attempt to use that aecendency Oppres-
siveiy. The same may be said Of the acts
of Congress to give practical effect
stituti0n, 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
hlmseH aggII6Feo' DUU Ia ne G"so
OF the nIteehth ainenoheht' tAG he-P
ness Oh Ihe party 70 DC 'LGLe! t9tI LGL'.siou
larger ana PecuIlar JuflSd!c'l III necessary
Congress then' IN Ihe acls un''Gt Co ,.sl
efatlon VnEe" atoUau an e't1SS'5 ~
tlese en6cIlV6 laws, anu SEc"IeG ooe'tl'IlI5
second, by clothing the candidate OF the
voter with the right to prevent or redress
me "foh2 att3illptell oL yIL}e1:aSe" Q!ol
me Vote of dA appropriate CIV "C'i'n'
nov, ""1 Lo INC CGo S1e ~ - -,
thlS Gt5f b " I r tb C "a M ;S 81
60 ~. ~ ~ rot - ,e IlIa,,
,oS't'o "a o,,, Of n,,is
co. IA f+or l,,o ,,rntFaT. r The r;eit
60 I,I +ba+ +Lat "a 01o ,-c+os Witch
~ - oos+ fo, ta co,n1,!airan+ fa1 tho
a. ~ C,ar-orv,,,, boTra Looin, ar ore ohort
" 10 e,,,,rTasood b,1 an IIoraIIv c0nsjitnted
$3.50 fiaare and tba+ Igitb0nt
~ i,+a,forn1,on 9f this court thesc votes.
fatI tJ,ro rofI,so1 ord those cac+ which
IIC.b+ ~ 30 oorrtod for The co}TIIoirant
I'll bo IoSt 10 him And +I,9+ thereby he will
l'a, $4,000 for cold o+ficn
r,i'oeo oIIa0otions are aunnor+Ad Inv nm
I'D 81 +o1t1 +baTeand at+itavits Of tEe
- - ,-a4ors TIC chief dntnn3ant
,oI.1ti- II n yvar,notb mnate This weight
S il snIo1t Nv and etfi
Go,rit and cortain acts done Inv him since
no convaes commenced force mon nv
nIind The belief that his defense rests npon
No soiid fonndation The further alleCa-
+ion "a made that the hoard Of ranyassprs.
fagaIIv c0netitrtpd are derived nv this
raenoTdan+ Of tho nr0ner ratrrna with the
az, ~ donT;1-o tba citigana nf tI,o 1,igbt to
vote In other words, That the RESPONDENT