The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-10-30
COLUMBIA, S. c..
Fri lay Morning. October 80, 1879.

Fri lay Morning. October 80, 1879.
United States OltixenshIp and State
CItIxenshIp Distinct. &
In a recent charge to the grand jury,
Judge Bland, Of Kentucky. jurist OF
great learning and widespread reputa.
tien. called in question the constitu.
tisnaiity OF the Act of Congress passed
in 1871, to enforce the fourteenth
amendment, directing his structures
particularly to this passage. which re-.
teTs &c the Kn K!nx outrages:
''If two or more persons within any
State or territory OF the United States
shall conspire together. or 60 in dis.
.gaise upon the public highway, or
UPON the premises Of another, for the
purpose. either directly or Indirectly,
to deprive any persons or any class of
persons Of the equal protection of the
laws, or OF equal privileges or immu.
mites. such persons 80 Of
Tending shall be deemed guilty OF a
crime against the United Statea."
He construes it not to be based op
the thirteenth amendment; for it has
no reference to slavery. It is not ap-
plicable to tue fifteenth; for 1t does
not provide against the denial of right
20 vote. It must be based on the
fourteenth amendment, some words of
which it copies. With reference TO ii,
the Supreme Court, in the Slaughter
house cases, decides that tho privileges
and immunities referred to belong to
citizenship of the United States, as
would appsaT alone from the language
of the fret Section:
"All persons born or aaturalized in
the United States, and subject to the
Jurisdiction thereof, are citizens Of the
United States aud Of the State wherein
they reside. No State shall make or
enforce any law which shall abridge
the privileges or immunities Of citizens
of the United States, nor shall any
State deprive any persan of life, liberty
or property without due process of
law, nor deny to any person within its
jurisdiction tho equal protection uf the
laws"
It is equally clear that tho rights
and privileges abridged by ''persons
who go in disguise upon the public
highway. or upon the promises of an
other," in the language Of tho ACT of
III, for the purpose of committing out
RACES. are those which attach 10 the
citizenship of the State, and which are
guaranteed and enforced by State laws.
The Act iss then, not in consonanoe
with the amendment, and is not sap
propriate legislation, calculated to en-
Sorce its provisions. The Federal
power, which has latterly been invoked
upon all occasions, can really only be
invoked when the rights guaranteed
by this amendment are abridged by
obnoxious State legislation. It is d.
Eected, as Judge Ballard maintains, to
the State. acting through its Legislative,
executive or judicial department.. and
not at the acts Of individuals.
This expression of opinion comes
from Judge who has always been q
Republican, and strongly pronounced
In his political faith. His learning has
been in the direction Of Capitalization
and Federal power as distinguished
from States rights. Besides that. as
Judge he directed the grand jury to re-
turn an indictment under the section OF
the Act applying to Ku KIux ontrages
at the last term of his court, thus prac-
.icelly enforcing law whose constitu-
tionaiity he assails, bnt which is bind
ing until repealed. It thus looks as if
she attempted obliteration of the lines
separating State from United States
citizenship had not been wholly sue.
cessful.
Daring drive at Marshfield. short
time before hia death Mr. Wahstar