Wilmington daily commercial., 1873-01-30
.. .. or cult osurs Dol. District.
q. 3. W. a. GStvsa-Hzssisu n Arrest ef Iaas-
Beas-0pinisa sf nFadfard J.

- A. -
!, 1f " ~ gfsRt 4 / y! ssE 4 IA rIhss aIshsi 4.
s0s, sss n IL eG Il sS eot SSESI
IL Iii he Nation b siItIsn i The SiViI Sqisii-
ty which had already been granted, to con-
fer the right and franchise of voter. Wheth-
er this determination arose from conviction
that it was just and proper In itself, and con-
formable to the political principles on which
our government is framed, TO give en free
citizens Of the United States an equal share
of political power, or from the belief
that the possession of political power by
the African citizeps .yes absolutely essential
to- the breSer%at6h n their integrity of all
their civil rights, or from both these canses,
ii nevertheless s0ds determined to grant this
right or privilege of voting, And To render
ii permanent the right was secured by
constitutional provision asserting tile right
and granting the use of appropriate Congress
sional Legislation to enforce it-knpwn as
the 15ht Amendment to the Constitution of
the United States.
THAT Amendment is in these words, 18Th
statute at large, D. SAG. ttArt l5th-iSection
18th. 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. 2d. That Congress shall have power
to enforce this Article by appropriate Legts77
iation." "
The Congress of the United States, in pur-
suance of the authority granted in this Hru-
Gle, on the 3lst of May, 1870, enacted a law,
intended to secure the rights granted and
guaranteed by this article, entitled IA act to
enforce the right of citizens of the United
States to vote in the several states Of the
Trninn and for other DllrDOses
Upon the second section of that Act the
| Indictment Ia framed against the defendant,
lupoa which verdict of guilty has been rem
| dered bv jury = on five 4counts) which sec
/ ton is in the following words "Sef. End,
l And be It further enacted, that If by OF under
i the authority of the constitution and laws of
/ any State, or the laws of any Territory, any
| act is or shall be required to be done as pre-
requisite or qualification for voting, and by
such constitution or laws persons or officers
are or shall be charged with the performance
of duties in furnishing to citizens an oRportu-
nity to perform such prerequisite, or to be.
come qualified to vote, 1t shall be the duty of
every such person and officer to give to all
citizens of the United States the same and
equal opportunity to perform such pretrequi-
| SITE and 10 become qualified to vote, without
distinction Of race, color, Or previous condi-
ton Of seryitnde," d. ...,l ~ , a,
| A motion has been made and argued to ar.
rest Judgment in the case for the foil owing
reasons
LIST. .For that the Statute under which the
indictment was framed is unauthorized by
the Constitution of the United States, hnd In
conflict herewith. ~ :,
End. t'For that the provisions of the sait
Statute are not applicable to the duties i'm
posed by the Laws of Delaware upon tht
said defendant as charged in the said indict
mem"
3rd. 'sFor that the defendant being an Off
Ger of the State of Delaware, with ne power
or duties but such as were prescribed by the
Constitution and Laws of said State, Is hmen
able only to said Constitution and Laws fol
| Any non-performance hereunder"
Taking up the first objection to the in
dictment, viz 'tFor that the Statute Dndel
which said indictment was framed, was no
In pursuance of the Constitution of the Uni
ted States, and is in conflict Herewith.
We think the End Section of the Act 0
Congress, on which this indictment is framed
is in pursuance of, and Is authorized by tn
Constitution of the United States, and not IL
conflict with the same.
Itis the result of the exercise of Legislative
authority, specially granted for the purpos
of accomplishing the object contemplated b
. the 18th Amendment, viz, the purpose bf 81
curing the right to vote of all citizens wIthor
regard to race, color, or previous conHitio
, | of servitude. Without now considering tb
legality Of the means TO accomplish THIS II
a suit, we cannot appreciate the force OF th
argument that there cannot be any Ldgisli
/ ton by Congress under tbs authority Of th
18th Amendment, except that which shall
/ enacted against some denial or "aprldl
|, ment" by the United States, or by the sdvert
IL1.- s a,.fs Init
: States to vote on account of race, color, @
: previous condition of servitude.
9 The power specifically granted by the 15t
II Amendment is to enforce by appropris
n legislation the Article in question. Id m
Judgment the Amendment carries with IT Il
grant of constitutional right. Indeed 1t
difficult to conceive of the Constitutional pr,
hibition, on the States and General Goverl
d mGnt, from denying or abridging couetit
tiolal right, without at the same time cbnc
q ding the grant of the right ;-for such prob
n bition or denial appears TO be an absurdlty
;" the grant be not admitted, for othetwi
At there would be no subject matter for the
nial or prohibition to work upon.
IL Congress- then (the grant of right being a
mitted9 can select any means 1t deems abpI
Va PIRATE TO render available and secure this CO
:. stitudonal right to vote, and il not limit
=; -; to such measures as maybe directed to b
" nial or abridgment of the right by the Gehel
Government or the States. If the enjoyme
of the right is endangered from any pN
de cause than denial or abridgment by the lgt
80 eral government or the several States, Il
ch danger is proper subject matter OF legis
an ton Just as much in my judgment aslh
nc nc tile legislation by the General Government
N States would be- - =
to The right to vote, before this amendment
he the Constitution, was wholly granted or @e
.te ed and regulated by the several States Of |
Ter Union and now the citizens of these Uhi
ed States have granted and guaranteed by \
~ tional Authority that which before they
IN. joyed = if enjoyed at all-at the will Of
his local or State Governments
ain To make available the right to vote to
of citizens of the United States without reg
So to race, color, or previous condition of ser
zen tude was the direct purpose Of the y
m mpn Amendment. We cannot see therefore, b
aae ~ Legislation which has this purpose direC
I'M in view cannot be appropriate because it \
,at, not directed against some denial or infrin
ved ment -hygenerd onStaaeAIsegilations- =
of The mode of the. assertion of the const
on tonal right to vote in the 18th Amendmeh
not altogether novel feature in our Cona
ton - as has been remarked on formef
,a;n casion during the trial of this cause. 4
the privilege of the writ of Habeas Corpus d
Dry. not be suspended unless when. in casa
Nth rebellion or invasion, the public safety
him require it." Sec. 9th, Art 1st, paragraph
ooK This clause comprehends the constitute