New-York tribune., 1874-10-13

way, that they are only to be appealed to
where the local statutes fail. They are in
tended to supplement State legislation, whereas
Mr.. Williams assumes that they supersede it.
Justice Bradley in his opinion in the Grant
Parish case quotes the same passage from
Justice Grier which Mr.. Williams cites, but he
also says: This power Ito enforce the &llith
Amendment does not authorize Congress to
"pass laws for the punishment of ordinary
crimes and offenses against persons of the
"colored race or any other race. That be-
"longs to the State Government alone. All
ordinary murders, rObberies, assaults, thefts,
land offenses whatsoever are cOgnizable only
ain the State Courts, unless indeed the State
should deny to the class OF persons
referred to the equal protection of the laws.
"Tben of course Congress could provide rem
"edies for their security and protection. But
in ordinary cases, where the laws of the
State are not obnoxious to the provisions
" of the amendment, the duty of Congress Ill
"the creation and punishment of Ofenses Is
"limted to those Offenses which aim at the
deprivation of the colOred citizens enjoy
"ment and exercise of his rights of citizen
I" ship and of equal protection of the laws,
edition of servitude.". The indictment OF the
Grant Parish murderers attempted to meet
this point by count alleging "a conspiracy
"to deprive certain citizens of African de-
"scent of their lives and liberties without
"due process of law" But, says Justice
Bradley: every murderer and robber
"does this. Congress surely is not vested
"with power to legislate for the suppression
"and punishment of all murders, robberies,
"and assaults committed within the States"
Here is precisely the same sophistlcal pretext
upon which the Gibson County arrests are
based swept away Certain negroes. in jail
for murder, were taken out and lynched. just
as. we are sorry to say, hundreds of prisoners,
black and white, have been before in various
parts of the United States. The Governor
offered reward for the apprehension of the
assassins, and his officers seem to have pur-
sued them with zeal and fidelity; but IN
stepped the Marshal with a company OF SOL
diers, and took the case out of the Governors
hands.
The Enforcement Acts can be made to cover
almost any transaction to which negro or
politician is a party. In Alabama we have
seen the United States Courts enacting the
shameful farce of indicting certain persons for
conspiracy to prevent Mr.. Billings from voting
by killing him three months before the cleo
ton. In nearly all the reconstructed States 1t
is O common thing to bring the merest street
rows land drunken quarrels within the pro-
visions of these Enforcement laws, and the
tendency to ignore the jurisdiction of the
State grows constantly stronger and stronger.
The danger of this reckless course is mani
fold. It imposes an unjust and sometimes
crushing burden upon tho accused, who are
taken great distances for trial and compelled
to transport witnesses at their own expense ;
it throws a vast and illegitimate power into
the hands of petty Federal officials and it i'm
perils the cause of justice for it is extremely
doubtful whether convictions obtained by a
forced construction of questionable laws will
stand the test of appeal.