The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-20

EW i vi
to 1x the punishment OF subsequent one, as In
those cases. and taking into account the commits
sion Of an ofrence, with a view to H. the punish.
menr OF another offence cOntemporaneously COM
mitted, considered merely as facts constituting
matter of aggravaton, as IN this case only DIFF
ference in time, and is wholly immaterial. In
neither case is the punishment In contemplation
OF the law applied to the offence, which is re-
garded as an aggravatng circumstance merely
in respect to the right to bear arms. 1t is said
that the United States, by reason OF the power
given to Congress to provide for organizing, arm
ing and disclplining the militia, has direct in.
terest IN seeing that the right which the constltu-
ton itself declares to be essential to well ordered
militia is not inringed by unlawful authority. and
In the absence OF State legslauon to punish viola
lions OF the right; and 1t Is but reasonable con-
structlon OF The act to construe 1t as APP
plying to this act well as to any other.
For the defence it is urged, after controvertlng
the theory OF the government that the fifteenth
amendment TO the constitution contains no grant
OF power over the right OF suffrage but Is In the
nature of restriction or abridgment of such
power In one respect only, and that Is in the power
to discriminate on account OF race color previ
Gus condition OF servitude. 1t Is 10 enforce that
section and prevent such discrimination that by the
second section Congress Is authorized to enact ap.
propriate laws; and this article contemplates
only legislative action, and does not expressly
apply to individuals. Before the act In question
can take erect then, 1t must appear that the State
has authorized the discrimination prohibited by The
amendment ana that such discrimination Is at
tempted to be carried out by an individual II the
State has not violated the article and has passed no
law to authorize such discrimination, the I'M
authorized act OF an Individual or a combination OF
individuals makes no case for federal cognizance
An individual cannot deny or abridge the
right to vote IN the sense OF this amend
ment. 1t Is right that can only
be given or denied or abridged by law. South Car
olna mas not violated the amendment. She has
passed no act TO discriminate. on account Of race,
color or previous condition OF servltude but admits
citizens Of all colors races or conditions who have
the qualifications OF voters to the full enjoyment or
the right OF suffrage. But 1t be held that 1t would
be appropriate legislation to enforce this amend.
ment against individuals where the State had passed
no act. then 1t Is commended that the con.
spiracies charged are not within the Jurisdiction
the Court because they are offences not within the
purview OF the amendment, nor appropriate legis
latlon to enforce the amendment ana are therefore
void. 1t Is then submitted as too clear for argu-
ment that within the legitimate sphere Of the rights
reserved to the States Is included the right OF ex-
very existence OF the States depends upon 1t, and
they have never surrendered the Jurisdiction.
1t Is declared that not a single offence
defined in the act IN question comes
within the provisions of the amendment.
When the States, by the amendment surrendered
the right to discriminate IN the matter OF rage on
the ground OF color. race. &C., and authorized Con-
gress to enforce that amendment, they surrendered
no other right touching the Suffrage and gave
Congress no further power over the subject and
hence the enforcement ace is not appropriate
legislation. The constitutional provision In respect
to the right of ths people to bear arms
contains no grant OF power to the
federal government over the right to keep ana
bear arms. On the contrary, the established con-
struction is that 1t only recognizes pre.existing
right IN the people Of the States, and Is merely
restriction on the federal government against
any interference with that right and consequently
subject matter exclusively within the cognizance
OF The States. AS to jurisdiction, 1t Is commended
thar the jurisdiction attempted to be given
by the act over another felony committed
In the ATTEMPT to do the acts prohibited
in this case OF murder belongs exclusively
TO the courts OF South Carolina, and that conse-
quently 30 much Of the act Is unconstitutional and
void, as an exercise OF legislative power not in
pursuance OF the constitution. The case II argued
on behalf OF the government by the Attorney General
and Assistant Attorney General Hill and on behalf
OF the accused by Henry Stansbury and Reverdy
johnson, The argument thus far Is on the question
of jurisdiction, the government moving to dismiss
Tue merits given, but 1t not certain they Will
be argued.
The Senate French Arms Iuquiry-Exa nina
y K x ton of SQuires. 80
The examination of W. c. Squres was resumed
before the Senate Arms Committee to-day. He ties.
a 0a1 thosf
government and Remington & Sons was the allow.
ance to the latter or five per centum commission
for whatever arms they bought. Judging from all
the facts, the witness Inferred that Remington d
Sons were commission merchants, and not agents
for the French government in the technical
sense. He was asked what was the pur-
pose OF his showing to General Dyer the
despatch OF the 18TH OF October 1870 from which
Secretary Belknap inferred that Remington Sons
were agents Of the French government, to which
question ne replied that he wanted to convince
General Dyer there was no reason for delay in
making the sales so as to allow outside parties
to come In. His purpose was to get the arms at
once. After the order was issued that no more
arms were be sold to them he had no recollection
that he consulted with middle men. He did put In
another bid after that order was issaed-namely,
the 18th Of October. 1t was not then generally
known that they mad been ruled out, ana he did
not care to have that fact known.
The questions to the witness were asked for the
most part by Senator Schurz. The witness said
that W. s. Smoot, connected with the Ordnance De-
partment, was on a six months leave. Meantime
he was in the employ OF Remington & sons having
a temporary or provisional connection with the
nrm. and was considered to have full knowledge
OF arms. Smoot resigned the office at the termina.
ton Of his leave OF absence.
arkn d fhoe 4
for the War Department to give q leave Of absence
TO officers who intended 10 resign.
During further examination the witness said he
believed the arms purchased by Richardson would
eventually fall into the hands of Remington sons
Mexican and Indian Troubles In Texns.