The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-04-13
THE KU-KLUX CASES.
4 DIRECT ISSUE ATLAST BEFORE THE
SUPREME COURT.
The Question of Jurisdiction Of the
United states circuit Court-Able Ar
gGment by Hon. Henry Strawberry.
ESPECIAL TELEGRAM 70 THE NEwAl
-WAsHnNGTnN. D.. C.. Anril

ESPECIAL TELEGRAM To THE hEH51
WASHINGTON, D.. G., April IL.
The argument In the case of 7. Jefferson
| Greer on motion for q writ of habeas corpus
| to the marshal Of South Carolina, was CON-
menced in the Supreme Court to-day by
Hon. Henry stanbery for petitioner, and con.
continued by Solicitor General BrIstow and
Attorney. General Williams for the govern
ment. Mr.. stanbery claimed that the United:
States Circuit Court has no Jurisdiction over
any of the offences charged. because, If ouch
Jurisdiction is vested In any court OF the
United States, 1t belongs only to the district
court, and cited Section s.of the enforcement
act giving the construction to be put thereon.
He denied that 1t glvesa grant Of jurisdiction
to the two courts concurrently to cover
the came offences of which Jurisdiction is
given to the District Court by the first grant.
He argued that Jurisdiction given separately
to the District Conrt is expressly made eSclu-
size of all State Jurisdiction, whilst the con-
current Jurisdiction Is not declared to be e1-
elusive of State courts. he maintained that q
careful examination of other sections of thu
same act cleared up all doubt, and made Il
manifest that the offences to which concurrent
Jurisdiction attaches are easily distinguish
able from those to which separate Jurisdiction
applies, and that the offences charged In this
Indictment do not fall under concurrent juris-
dictlon. Concerning Jurisdiction over the
offence Of murder, he held that 1t must be
shown that these indictments charge an
offence provided for In the sixth Sec
ton, for the offence of murder can
not attach to any other offences than such
as are provided for. The five conspiracy Of
fences charged In the first FIVE indictments
are conspiracies against the right to vote, and
1t must be shown, before Jurisdiction over the
murder counts attaches, that the sixth section
does provide for conspiracy against that right.
The right Is no where mentioned In that Sec
ton. Concerning the unconstitutionality Of
the act referred to under the authority of the
fifteenth constitutional amendment, he de-
monstrated that that amendment contained
no grant of power to the United States, or to
the States over the right Of suffrage,
but is In the nature of a restriction
or ~abrldgment of such power in one
respect only, the power to discriminate ION ac-
count of race, celor or previous condition of
servilude," and that 1t is only to enforce that
section and prevent such discrimination that
Congress Ia authorized to enact appropriate
LEGISLATION. That, even giving the largest
possible latitude to Congressional discretion
in the matter of the choice as to what Is ap-
proprlate legislation, there are obvious limi-
tatlons upon Its exercise, and that to carry out
one granted power it is not allowed to usurp
another power not granted.
Hon. Revedy Johnson will close the argu-
ment on Monday. PALMETTO.