The Van Buren press., 1873-01-28
1.-THE Privilege Of Color

Under this heading the St. Louis Re
publican thus comments on the recent
decision of Judge Caldwell, in the llar
rison. Hadley injunction suit:
Judicial decisions are fast directing
public opinion to the precise scope and
meaning Of the 50 called enforcement
act " of congress, and the practical effect
thereof is receiving startling illustrations
in the south. The sum and substance OF
the matter is, that the legislation in pur.
suancc Of the fifteenth amendment con.
fcrs superior privileges and exclusive
rene lies upon persons OF color. as well
as peculiar rights and advantages upon
the political party in alliance with such
persons.
Two years ago. citizens OF West Vir
gina complained in the United States
court. presided over by Judge Bond.
that they had been illegally denied the
right of registration. Judge Bond de
81 ned to take cognizance of their com
plant, assigning want. Of jurisdiction
and supporting his decision by the prop,
osition that the remedies sought by these
white men against illegal disfranchisc-
ment were enacted for the enforcement
Of the fifteenth amendment, and could
only be employed in behalf Of the newly
enfranchised, for whose sole benefit N
protection they were intended, And
now to the same effect comes the decisio OIL
Of Judge Caldwell, Of the United States
court at Little Rock, upon bill filed by
some candidates on the state reform
ticket, and copied almost verbatim, with
out single exception, from that filed by
Kellogg and Antoine in the court at New
Orleans. Judge Durc'l entertained juris'
diction of the Kellogg bill, and the start
ling result will not soon be forgotten
On the other hand, Judge Caldwell has
decided that the single exception in
which the averments in the case before
him differ from those In the case before
Durell deprives United States court OF
jurisdiction over state election, and the
Arkansas complainants OF all right to
the extraordinary measures OF RELIEF ex'
tended to the defeaten radical candidates
III l/OuISluuus AuC ANNiuCus u"NO w
the Louisiana case was that persons had
been deprived of the right to vote "by
reason Of their race, color, or previous
condition Of servitude. That avermcnt
though false. clothed Durcll with juris'
diction and power to overthrow one state
government and install another. That
averment was not In the Arkansas com
plaint, and therefore the United States
court sends the disfranchiscd liberals and
democrats to the state courts for ordina-
ry relief.
Eycrybodv knows that when men are
disfranchised, refused registration, OF
anywisc unlawfully prevented from vot
ing in this country. it is on account OF
politics, not on account Of their color OF
race. 1t is notorious that the iusionists
pollcd all the negro votes they could IL
Louisiana, and were perhaps more anx
ious to cheat their opponents out OF
white votes thaa negro votes. Yeta bare
avermcnt that the negro votes excluded
were 80 excluded on account Of race OF
color, ovcrthrows all the courts OF Lou
isiana. deposes the governor. and EN-
powers United States marshal, who il
at the same time chairman Of the radica
executive committee. to induct into OF
fice the defeated candidates Of bis party
II may be false; the exclusion may have
b en- a legal necessity; but the bare aver
,nsnt ST.! carries all this power with it
On the other hand. the unlawful exclu
sion or white men in Arkansas may bt
truihiully aleged--may be a notoriou'
and crying evil; yet the wronged cit
zens must rest content with such relief ~
local couris, packed with the minions o.
their powerful opponents, may consent
to grant them.
The laws pretending to enforce tho ff
tccnth amcndm ut set up an odious anc
pcrnicious distinction between black mel
white men. They grant exclusive priv
ilegps on account Of color. and eculia
remedies to one party that are practical
" denied to another. The practica
fruits of their policy are seen in Lousi
tana, and will soon appear In other states
unless the popular pruning knife 10 un
sparingly used on oil such exotic graIts
EE Roscoe Conkling was reelected
United States senator from New York
vestarflav