The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1874-07-03
Grant Parish Prisoners.

New ORLEANS, June 27.-lTnited States
Circuit Court-Cirant Parish Case-Judge
Woods rendered decision on motion for new
An extra Picayune gives the following
account of further proceedings in the Grant
Parish case:
on the bench with Judge Woods, and an
nounced that he had prepared decison up.
oe,s and testing ;he eonstitutionaiy
Of tho Ku Klux act. Justice Bradley then
read his decision, most lengthy, ex haust-
prisoners We're charged with conspiracy to
| take away certain rights from citizens OF
African decent.
engaged in theconspiracy, and found guilty
of sixteen counts.
That Congress has the right to pass laws
to carry out the provisions ofthe thirteenth,
fourteenth and fifteenth amendments, no
one will deny; the only question is, how far
! ment declares that no persons in the United
States shall not be disq aaiitied from voting
on account OF race, color or previous condi-
ton. The United States is given no power
| to pass laws relative to elections or voting,
but simply TO see that States do not inter-
tere with these rightsS The United states
has only the power to see these rights on
| forced. The moment the State fails to COM
ply with the duties enforced upon it, the
and the interference of Congress when u
| State is ready to punish viOlatOrs OF these
rights, in unnecessary, injudiciouS and
TO constitute an offense of which the Unit
cd States has Jurisdiction. it must be shown
certain rights from Il person Oh, account of
| his race, color or prvious condition.. The
Fifteenth amendment declares that the right
| of every citizen of the United States to vote,
shall not be denied by the United Sta es, Or
any other State, on account Of his race, or
Pre-; risSt Gonnrcss has the men noWar to pass -
law to enforce the amendment. Congress
| has, also, power to secure this right against
| violence and outrage, therefore, am un-
willing to affirm the unconstitutionality of
| this act, but let us examine the counts of
| this Indictment.
The first count charges the prisoners
with oonspiring to prevent certain persons
| of African descent from peaoeably assem-
bling The Constitution ofthe United State
| declares that Congress shall not Interfere
| with the rights of II peaceable assemblage.
| Does this amount to an affirmative law,
| all persons who shall interfere with the
rights of peacable assemblage? Clearly
not.
The second count is tho same as tho first
The third count declares that u conspiracy
| was formed to take the lives of certain citi-
zens of African descent without due process
of laval murtlercrs do this. Has the
United States jurisdiction Of all murdererS?
The fourth is too vague, so are the fifth and
not stand. Tho 9th and 7th counts charge
prisoners with conspiring against certain
person, because they had vote! or were 60
| done because of race, color or previous condi-
| ton. This is vitality necessary. Mere inter-
| ference with the right of voting is no otfense,
| under the Jurisdiction of the United States.
! The following eight counts are literal
copies OF the first eight, and must fall with
| them.
I am accordingly of"pinion that tho in :
dictment is fatally detective.
The Judge III IL few words announced that
he differed in opinion with just ice Bradley,
and then they had resolved to certify to the
difference of opinion. SO that the Supreme
Court of the United States could pass upon
the question. As, however, the superior
judge had decided against the validity OF
tho Indictment, it could not stand for the
present, and tho prisoners were therefore
admitted to bail.
Bail in Tho sum of 50, 900 for each prisoner
was furnished and Hadnot .Crtii kshank and
Irwin were set at liberty. They We're sur.
rounded and congrai ulat Ell by their friends
The session of the Ouachita Female Acaci-
envy, for the present year, closed with inter
esting exercises. last Tuesday, made up OF
vocal and instrumental music by the pupils
the reading of original compositions, and
brief addresses by Col. Benton and Gov.
McEnery. Three young ladies made their
final appearance in the school ROOM signal
lizing their exit with well-writton ESSAYS
and are now girls no longer. These are
Miss Hoffman, Miss Benton and Miss Bern
hardt. Miss Holman selected to
| deliver the Valedictory, which she did with
II modcsty and grace and in terms that
| au CUR we'll for her fu'u-e.