The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-06-28

greSS the rlgnt not only 10 pass laws 10 pre-
vent any infringement by the State Of guaran-
teed rights, but to punish violations. He
thought it had.
As to the act under consideration, he took
the
BROAD VIEW
that Congress could regulate as to but one
thing and that is, that there shall be no pro
hibition of the right to vote on account OF
race, color or previous condition.
When there is an interference on account
of politics malice, anything of that kind
it was matter for the State to take cogniZance
Of, and the power of Congress is confined to
one thing 1t can take no action unless there
| is an interference on account of race, color
or previous condition, as the right guaranteed
is that on this account there shall be no pro-
hibition
He then proceeded to consider whether or
not the counts in the Indictment came under
the law and said
The first count charges the accused with
banding and conspiring to prevent the peacea-
BILE assembling of certain persons at African
descent.
The Constitution of the United States de-
the peaceable gathering of the people. Is this
an affirmative right guaranteed to the people
in which Congress can legislate to give the
| United States jurisdiction over all persons
who shall interfere with ii -? Clearly not ; and
| the count cannot stand
| The second count is the same. The third
count charges that they banded and conspired
| to deprive certain citizens of African descent
Of their lives without due process of law. All
murderers do this and it is contented that
Congress has jurisdiction Of all murderers.
The fourth count charges that they banded
and conspired to deprive certain citizens OF
| their property. This is matter for the State
Manifestly this refers to the Civil Rights bill
but there is no allegation that this was done
on account Of the race color or previous con-
dition. Perhaps the design may be inferred
but it should have been alleged. The count
is defective and cannot stand.
The fifth and eighth counts open to the
same objection, and cannot be sustained
The sixth and seventh points allege an in
reference with the right to vote They are
too general in their nature; they contain no
allegation over which Congress has jurisdic-
ton, and cannot stand
The eight counts that follow are literal cop
les OF the above, and 60 with them
In my opinion, the motion in arrest of judg-
ment must stand.
Woods then said that, in his view of the law
and the Constitution, he could not concur.
Justice Bradley said that under the decision
of the court the prisoners must be admitted
to
And after arrangements had been completed
to have the difference of opinion certified to, |
for the benefit OF Beckwith, so that he could
take the matter to the Supreme Court, re-
cess was taken until 3 o'clock to give the pris-
oners time to produce bondsmen, the same
being fixed at 5000 each.
At the appointed time the courtroom was
crowded and bondsmen We're plenty.
Beckwith took Il look at the assembly and
said he did not think it necessary tn Justify
them.
being made, the following named gentlemen
came forward and were accepted:
f. A. Tyler, W. P. Converse DR.. Thos.
MieuN, OF Carroll parish, Saml. Chopin A.
Brosseau, DR.. ID. Warren Brickell E. J. Ham
ilton, L. A. Adams Jesse X. Bell T. Baily
Blanchard Jr., b. L. Walshe, F. A. Gonzales
L. Gonzales S. H. Kennedy, w. A. Shrop-
shire, Chas. H. Chase, Jno. Janney, DIR. c.
Beard, Chas Chatfe VIM. H. Chatfe, r. L.
Buckner, Hugo Redwitz, Jas. Sweeney, d.
Edwards, H. T. Lawler, E. Lilienthal, VIM
Pagan, Chas. Cavaroc VIM. B. Freret, E. K
Converse and Thos. L. Maxwell.
The prisoners We're Immediately released
and all
last evening.
And this ends the Grant parish case SO far
as the prisoners are concerned For although
the matter goes to the Supreme Court for
decision of the questions raised, it is generally
considered that the persecution of the unfor
tunate victims is done
syc1