Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-10-24
BALLARD.
Supplementary Charge OF a Federal
Judge on the Enforcement Laws.
They Apply to States, not Individuals
Where State Laws and and Couris
Make No Distinction Of Color,
They DO not Apply.
Congress Did not Design Giving FED
eral Courts COgnizanee OF
Ordinary crimes.

District Court for Kentucky presented 10
Judge Ballard request for further charges
upon several questions relating 10 their
duty. These questions and copy OF
Judge Billiards. answers have only been
| given to the newspapers tonight. ms
further charge is Of general interest in view
of the Importance given to his first charge,
made several weeks ago. The questions
are rs follows!
TIE attorney for the United States having
called our attention To the act Of Congress
approved May 81, 1870, entitled Gan act 10
enforce the right OF citizens of the United
| States 10 vote in the several States OF tins
| Union" and for other purposes, and also 10
the act Of Congress approved Feb. rs, 1871,
| entitled aAn act TO amend an act approved
MAY 81, 1STl,n entitled as above, we desire
TO further charge on the following
Questions:
l. Is it an onense against the United
States Of America for any person within a
State, by means of threats, depriying per
son of employment or occupation, or eject
ing such person from a rented house, lands,
OF other property, or by brides, to prevent
or intimidaie any person from exercising
| the right Of suffrage, if such person be
"
cured by the fifteenth amendment TO the
constitution Of the said United States.
z. Isit an oilense against the said United
States for two or more persons to conspire
together to deprive any citizen of the right
to vote on account OF his race?
3. Is il an ofiense against the said United
States for two or more persons to eonSpire
together to prevent or intimidate any per-
son from exercising, or in exercising, the
| right of suffrage on account Of his race?
4. Also for auy person to assault a citi-
zen because he has exercised the right to
vote, provided the violence was on account
of race?
). Also, for two Ormore persons to con-
Spire together to prevent any citizen OF the
United States from engaging in the occupa-
ton or business of a freeman or in ex-
ercising the right of a freeman?
q. Also for any person or persons, or
combination of persons, by force, bribery,
threat or intimidation, to hinder or obstruct
any person on account of his race or color,
from voting at any election by the people
in this State, such person being otherwise
qualified under the law to vote?
Judge Billiards. Response.
As to the second, third, fourth and sixth
questions Judge Ballard answers in gen
sTal affirmative. He gives the same an
swer to the fifth, but discusses its bearings,
and the constitutional law, giving it at
length. His entire charge occupies three
columns Of fine type, and his answer to the
fifth question is elaborate, which refers to
the Congressional enactment, and concludes
as follows:
am inclined TO think that when State,
in its laws or judicial tribunals, denies to
some persons within its jurisdiction, the
protection which it accOrjis to others, Con-
gross may, under the express powers con-
feTred upon il to enforce all the provisions
of the 18th article Of the cOnstitu-
ton, pass laws investing the courts of the
United States with authority to give all its
inhabitants equal protection: that is, 10
afford those to whom the State gives the
least protection the same protection il gives
those it protects most. But
where Neither state Laws nor state
Courts Make any Distinction
in the protection which they give the in
habitantS of "a State, when the State laws
and the State courts give the same pretec-
ton to all, there is no ground for Congress
sional legislation. There is in such
cases no denial BY the State Of
equal protection, and therefore no ground
either in the clause Of the Fourteenth
amendment. which we have been consider
ingor in any other clause Of the Constitution
on which to base il. Or, should rather
say. there is in such case no authority in
the courts of the United States TO assume a
jurisdiction under the laws passed, or
which might he passed Except ON the con
tingency of State denying 10 any persons
within its jurisdiction the equal protection
of its laws.
After answering the questions, Judge
Ballard adds further in the same direction,
saying:
"This court has no jurisdiction, and
Congress has not Attempted TO Confer
on il jurisdiction 10 punish ordinary crimes,
such as murder, arson, assault, etc, whe her
committed against black or white persons,
when they are induced by the usual mo-
tiyeS, such as hatred, revenge, and which
ordinarily provoke crime.
1T has jurisdiction Of such Oilens,s when
committed IN places subject la the eXclu-
sive jurisdiction of the United States, or
when committed from the motive OF de-
pTiying some person on account Of his race
or color of his right To vote.
LAS have before pointed Out, IL IS inn
possible TO maintain that a conspiracy Uf
two or more persons 10 wound or kill
white or black man, or that the actual beat
ing or billing Of a white or black man by
am person or persons, whether in disguise
or openly on the public highways, or ON
private premises, is a denial by the State 10
such white OK black man of the equal pro-
tection Of its laws, and, therefore, it is i'm
possible TO maintain that such crimes are
offensive against ,he United States within
the meaning Of tue act Of Congress passed
April, ISL, to enforce the provisions of the
fourteenth amendment ofthe Constitution
In concluding, he deplOres the Ku-HlUx
outrages which have occurred in Kentucky,
and SAYS: In view of these occurrences,
have been inclined to construe the amend
ments of the Constitution of the United
States, and the laws passed to help enforce
them, most literally. But cannot derive
from these amendments or these laws adju-
dication which they
Plainly DO Not Confer.
1 cannot allow my sympatlies TO control
my judgment.
Judge Ballard adds: The opinions an
nOunced in my former charge, and those