The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-12-17
COI[.,yllJJM:I3I..A,S
Thursday Morning, December II, 1874
The Endorsement Act.

meaning OF what is known as the En-
forcement Act, but OF its constitu-
tionality. will. no doubt, come up
soon before the Supreme Court. Its
decision may concern. not only the po-
litical and social status OF the colored
people, but touch the theory and
structure of the United States Govern
ment itself. This is attempted to be
wrestad from it's true meaning by an
unwise interpret 'tion Of those laws
which were enat Led in the heat of tho
passions engenG red by the war, and
justified in the opinion of those who
possessed them by the circumstance:
Of the country at the time. But as
well said by the Nation, no govern
ment OF this kind can last long as
free government; it has tho seeds of
ruin in it. The Legislation of men
who spoke and voted with the pas-
sions OF civil war upon them, must
subsequently, be examined with close
scrutiny. It maintains that the fif-
tesnth amendment should nave no
effect Oh State rights or duties greater
or other than the prohibitory clauses
already existing in the Constitution,
nor should lead to my violent or un-
precedented departures from the
beaten track of American constitu-
tionai law. It points out with force
the evils which contrary construction
put upon it, has worked. Under it
United States Judge has prevented
Legislature from meeting and has set
up new ono by an injunction issued
at night. aud executed by military
force; case IF ordinary murder has
been taken out OF the hands OF tho
State police aud brought before the
Federal Courts, on the ground that the
murder was committed to hinder tho
murdered man from voting three
months later; and that several persons
have been arrested aud compelled to
give bail, at great distances from their
homes, Oh charges of having intimi-
dated voters, by dismissing them from
their employment-a precedent which
would. OF course, place every employer
OF labor in the country at the mercy
OF his men for months before election,
aud enable them to skulk or cheat him
With imponity.
We are glad to soc these sound views
promulgated at last. The evils of
hap.hazard and vindic.ive legislation,
OF which we have drank to the dregs in
the South, begin to appear in their
true light aud force to tho more sober
and sensible people Of the North.
They perceive now, to use the words
OF the Nation again, that under the
Enforcement Acts the Federal autho-
rity has been made to cover almost
any offence which can be made to ap-
pear, in any degree, likely to "intimi-
date" man. If he is threatened, as
aaulted. robbed or murdered, dis
missed from his service, or if his
house il burned, or bis wife insulted,
or his children kidnapped, or custom
taken away from his store. or people
dissuadsd from attending his lectures.
or from subscribing to his paper, it
may be said that his case is covered by
the fifteenth amendment, although
there may be State laws in foroe
furnishing these aots severely. It is to
be hoped that the Supreme Court will
pnt an extiDguishor upon all this par
tisan and villainous perversion OF the
proper meaning OF tho amendments
made under cover Of the Enforcement
Act. It should iix the boundaries of
the Jurisdiction Of both the General
and State Governments in suoh "A way
That the ono shall not bo used to over
ride tho other, and the citizens shall
be hcnceforth freed both from the raid
aud harming of freebooters riding
through tue country, in making domi-
oiliary visits and from the nrrests and
surveillance Of detectives and constn-
bles, on the watch in tho interests Of
party and Of their miserable fees, to
catch them in some constructive aud