New Orleans Republican., 1873-05-25
Communicated
Jurie die ton Of Csifed states Courts under
the Enforcement Acts.

Jurisdic ton Of Usifed states Courts under
the Enforcement Acts.
Senator Carpenters coming among us
has induced ~ TO go over anew the whole
matter Of Jurisdiction Of the Circu!: Court
in the case o: kellogg We. Wa,mo:h ct al.
We Can see no room for don't: as 20 the
jurisdiction. II words have any settled
Specification :here i. no room Tor construc.
.ior. The enforcement: &C: Of May 81. 1870.
is entitled IAN &C: 20 enforce the rights CT
citizens o! The United States 70 vote
in .nc several States OF .Le Union and
for other purposes" Section one provides
that all c:tizeEs shall be allowed 70 vote Tor
ali offices. from she highes: Office down 20
an election III a school district, w:.hOu:
d;stir c:ion q race, etc.
THIS shows the scope Of :hie sc:. and
precisely wh;.: subjec. matter Congress IN
tended 20 cover and COMM: 20 The circuit
courts. Ccuid it have been more ;rciu-
sive Since. .hen. the object OF :he act Is tc
pro:ec: al! Citizens IN all elections in their
Egt: 20 vote w;.Lo-: Distinction. We look
for no halfway measures. nor do We tin!
any. Section sverty:hree provides that
Whenever any person shall be defeats!
Q. deprived OF lis election 70 any etilce ex.
cent eleutor OF Preeidep. or Vice President.
Representative or Delegate i'll congress or
member OF State Legislature, by reason
of tie denial 20 any citizen or c!t1zens
wEO shall Cter 10 vote. OF the lght TO vote.
or account CT race. color CT previous cond:'
zion ut servtuce. bis right 20 hold and en-
-, 1,ynA nfc h
OF. SHAH nc, be impaired by such denial.
Now. hey. is q principle enurciated which
is, :la. there shall Ue no impairng Of eit'e
10 office ty :Ee denial Of suffrage cr ac.
coun: Of race. etc. The first sectien &c.
c;ared .he ,igh: of :he voter; this section
st1irms viii. eGual posi:iveness She 1igh: of
:le candidate. THIS rjgh: of the candidate
is thus 3. closely fixed as the right Of a
paten.ee under letters patent. Rights.
wLe.heG sta:utory or existiD. !n tie com.
mon Jaw. have corresponding remedies. Ac.
co.ti;ngly we see that the jurisdiction o! the
c;-cui. courts is made cCextens;ve with
:Lese broadly given rights. For in :he fi.
,een:i section OF the amendatory &C: We
fnd that '':he circuit courts shall have
Jurisdiction N iasc or sltity OF GN caste
arising under this set OF the. one oi which
il is anehGa.Ory.'
Now. when a righ: is given and jnrisdic.
tiof. III law and equity - also gwen 20
enforce .ha: right. Wha. more complete
authority could any court have over tie
whole subject anG rs against all parties.
!; the wrong .:as been committed the action
Is az tire law for redress; II i is il process
of te ing committed :he action is il equity
20 preyeE. TIE consumatiuE OF the wrong.
Now. an examination of :he biz Of com.
,la.n. tiled by Mr. kellogg. shows :ha: lie
alleges tina: there was tEsn going Nn tie
process OF depr:ving him OF his Office by a
denial 10 the cour: so tar as /: was comp!e:
ed by the local ctficerS. anc still further as
contemplated before the returning board
of the right 20 vote on accOUr. OF race, etc
The very right given was being and wal
abou. 70 be stili further assailed, and che
| equitable process .! the ccg!r: was invoked
ov hi.! lncs: suitably framed !cr :ba'
purpose.
lis Idle 20 attempt 20 dwinlle down :be
! meaning o: this law. by u;giug that !Le
consequences OF such Jurisdiction are sweep
| ing and tremendous. = law :ha: sets o:lt
! wl.h :be ayowed purpose o! cegulatin z
! ali voting :oc al: national. State {!
LEGAL iicers. i.le. have CORES p1nGlng broaC
| consequences. But with politica! conse
| Cuences courts have nothing TO Go. l: i.
.rouyh tia. he statute gave Jurisdiction
we (" further. the protection given by
| :he statute as construed. auc. as VIC think
| most properly. by the C.rcci: Court in 'ile
| case :ludey consideration was 10 mere thar
| adequate. Eo:h:pg short Can protect :hc
| co:ored nar practically II E.s Egl'
! 10 vote. "..hou: jus: such power
"a :ne federal courts. tie Suffrage
! besNweG Hpor him wouis: he d farce. liz
| Iuus: have me assurance OF a protecT.ol
| wi.:c, is universal iE IS operation. sw:.
and s!e.,iess. and sustained ny Ike whole
poweS OF The genera! government. Or IL
VI; 60 Gown teiore lie violence and w.
; tianism which. born Of slavery ard striving
| :" survive slavery. surrounds L:n: UE u.
| .;Ges. y.