Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-10-16
THE DANGER OF FEDERAL UsURPA-
TON,
From the New York Tribune.

From the New York Tribune.l
The action of the Federal government in re-
pressing disorders in AlabamR, Tennessee and
other ''disturbed districts" OF the south,
tbre Ltens 70 bring us face 10 face with a new
problem, quite as difficult of soiutfoa as that
Of the war OF races II agy such re gn OF
terror ready exists in the reconstructed states
as the partisans OF a third term would have
Us believe, all good citizens will be predis-
posed 10 approve the most vigorous measures
for It's overthrow. Bat there is great danger
lest, In an tnconsiderate zeal for the enforce
ment of q certain statute, the President may
De LED into the usurpation OF powers which
do not belong TO h m. In sending a small
part OF the army to those localities where its
services are most likely 10 be called for ia pre-
serving the peace and repressing domestic vio-
ence, the President merely takes a wise
precautton; bot when be allows Attorney
General Williams TO send isdeputy marshals
through the States, arresting citizens for al
legged crimes OF murder and assault, the case
very different. Nothing can pc more GER
tain than that these Onenses are properly cog
niza0le by the state authorities alone, and Il
IL only by a strained Interpretation OF the
very doubtful and dangerous enfo cement
laws that the Federal courts can assert any
jurisdiction over them. The purpose OF the
enforcement acts wis to protect the colored
people in the rights Of citizenship and suf-
frage, and generally TO prevent unjust and
injurious determinations OF race. But il will
be seen that they are now appealed TO when
ever a riot, lyuching or murder occurs which
can be ascribed by any stretch OF probability
TO political aniInosities. A northern white
man was killed last summer in Alabama for
some reason unknown, and a Federal marshal
has Just arrested several persons indicted for
the o1ense under the enforcement law OF $50.
That ST. tute, OF course, hss no reference 10
murder, but one OF its sections makes IL a
penal ofense for any person, byforce, bribery,
threats, etc, TO "hinder or prevent or
censpire with others TO hinder or prevent
any citizen from performing any preparatory
act requisite 70 qualify him TO vote, or from
voting, at any elections" and the alleged Of
tenders were consequently indicted for con-
spiTaey TO prevent Mr.. Billings nom voting In
November by killing him in August This
Is making farce of the law. And things al
most as bad have been done in Tenness ee,
where Governor Brown has addressed a man
ly protest TO the President against the action
OF his marshals in arresting persons for com
plicity In the Trenton massacre, "and con-
veying them under guard to Memphis, nearly
one huDdred miles distant, TO answer for the
Same offense charged against them by the
State ceurts.' In this case the crime was
breaking open a Jail and lynching number
o. negro prisoners confined on q charge of
conspiracy 10 murder; there was nothing in
the circumstances Of the outrage to make il a
proper subject for Federal interference; the
state laws provided for it; and the state au-
tborities were especially active In ferreting
out and arTesting the guilty parties. Yet the
Presiuent chose to take the case out of the
governor hands, without even color OF eK-
cuse, merely that he might turn il 10 politi-
cal account There is constitutional ques-
tion OF the gravest Importance involved in
these cases, and IL must soon come up for a
nnal decision. We do not know whether the
President or the attorney-general Is familiar
states circuit court at New Orleans; but If
they are not we advise them 10 read the able
opinion of MIR. Justice Bradley, of the supreme
bench, delivered in that case last July. Jus
tice Bradley reviews the constitutonaiity Of
the enforcement ACT of 1870, under which the
Indictment was brought, and concludes that
congress has no power "to pass laws for the
punishment of ordinary crimes and offenses
against persons OF the colorsd race, or any
other race. That belongs TO the state govern
ment alone. All ordinary murders, TObber-
,thefts and offenses whatsoever are
conizahic only in the state courts, unless in
deed the State should deny the class of persons
referred to the equal protection OF the laws.
Then, Of course, congress could provide RENE
dies for their security and protection" JUS
tioe Bradley held that the law upon which
the indictment IVES based twas notkupported
by the constitution" The inferior judge dis
sented, and a division Of opinion was there
fore certified 10 the supreme court Of the
Cnited States, where the firal decision must
be sought. IfJustice Bradley should be sus-
{ lined IL would leave Attorney-Genersl Will
liams in a curious predicament.