The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1874-10-29

The GAINESVILLE Tobacco Leaf Of a
recent date, edited by a lawyer of
more good sound sense than usually
writes for the press, contains the fol
lowing lucid statement of the legal
situation in regard to the Trenton af-
fair. We thank you, Doak, for the
article. When you need a newspaper
friend, call on us, and we will do our
level best in your behalf.
The killing Of four negroes Of the six
teen which we're taken from jail at Tren-
ton was followed byseveral indictments
of suspected persons in the Federal
Court, at the same time that num-
Der were indicted in the State courts.
Gov. Brown protested against it as an
Infringement of the rights of the States,
and requested the President to direct
the dismissal of the indictments in the
Federal Court. The Attorney-Gene-
raj, Williams, replies that the United
States courts have jurisdiction, con-
current with the State Courts under
the act of Congress to enforce the XIV
Amendment.
1t is true unquestionably that many
crimes are cognizable in both State
and Federal Courts, and that a con-
viction or acquittal in one is no bar to
4 prosecution in the other; it Is also
true that the Radicals claim under the
XIV Amendment that the Federal
Courts have Jurisdiction Of almost all
eases in which a negro is involved,
thus leaving but little to the State
courts.
Judge Bradley in his able opinion
in the Louisiana, Grant Parish cases,
held that the enforcement act must be
strictly construed to apply only to such
cases as were unlawful combinations
against citizens Of the United States,
to intimidatc or deFlir" .:'a'n Of their
right and privileges as citizens, ION
account Of race, color, or previous con-
dition of servitude.
His reasoning is clear, cogent, and
convincing: it is irrefutable He re-
views the history of the Amendment
and Of the act with the reason for the
passage Of each, and then CONSTITUTES
the act and the amendment. There
can be no question Of the correctness
Of hi opinion as a legal proposition
He held that the Grant Parish prison
ers were clearly hot indictahle in the
Federal court. The eases were solely
cognizable in the State court under
the municipal laws Of the State for
the protection Of life, liberty, and pro
pcrty.
The construction contcnded for by
The Republicans would give the State
courts cognizance Of no case in which
4 negro Was prosecutor.
In the Trenton case there is no pos
sible prctence by which the iurisdic-
ton of the Federal courts can be main
tanned. Il was an ordinary case Of
lkncning, SGch as was piacliScd III IN
diana against the express robbers.
The negroes had shot 1T two white
men, and there were rumors that they
were combined for further lawlesSne>>,
and proof to that effect was adduced,
on the trial before the magistrate, and
drawn too from negro witnesses. Upon
what ground or upon whatever spcci-
Gus pretext then can it be claimed the
act was the result of an unlawful COM
biaation to do them injury on account
Of race, color, or previous condition Of
servitudc.
1.-THE Supreme Court Of the United
States sustains the jurisdiction Of the
United States Courts claimed by Rad
zeal politicians and Attorneys-Gencral,
then we had better have an act Of
Conr3oss Gan amendment 10 the Con
>tiu.ion will not be necessary in that
EVENT. entitled; An Act to Nuke the
prJc2e lmgs in intel States Courts
Uniform, 50 As 10 transfer TO them all
proceedings Of a criminal nature.