Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-11-01
TIE ENFORCEMENT ACTS.

NV I Vi n thtAaA-Af CNteH1A - I'LL
The letter OF Attorney General Will
liams to The governor OF Tennessee, coumu-
nicRting the refusal OF the President to allow
certain prisoners to be tried in the state courts
loF an onenss which was a cri ule 1gal nst the
state, presents a sinEu ar Ceniiiet between ma
iional and state authority. The prisoners
are, or are ASSUMED to be, the parties who took
certain culored men from the iau in Gibson
In other words, II guilty, these men commit
ted the crime OF murder, not in any place
WINE tls sxelnsi We nrlsdletion OF the y nit
ca STATES but on the SOIL and " thin G, 1uris-
ciiou OF the state. They are to be INDICTED
md uied in Federal court, under and by
yirtee 81 toe acts OF congress known AS the
enforcement acls," SO called because they
puTpOft aud undertake 70 en- sorce the II Il zenith
amendment OF the Federal constitution. II
that amendment, at the time or It's adoption
ia been generally understood 10 authorize
legislation BY which The culinary crime 81
murder, When comni tel upon a negro, could
be tried In the Federal eoui Is 70 the exclusion
OF the Statc courts. probably It would not, GER
1alnly II should not, have been adopted.
The life Of a negro is, and ought 10 be, rs
sacred In tire eye OF the law and Of reason as
the life OF white man; but 10 assume that
me murderer Of a negro cannot be, aud is not
nEely 70 be, properly tried and punished In
the state courts, and must Re tried ana pun
ished In Federal court, Is to make the life Of
anegro mrre sacred than The life OF auy white
man But there are two very grave questions
Involved la this ma One IS, whether the
enforcement acts have made the crime Of
murder Of either white or a black man,
Huen not committed within the exclusive
JURISDICTION OF the unlted States, tri agle IN
federal court. The other is, whether the
NJ eenth amendment authorizes such legisla-
tom
Tue fifteenth amendment is that which pro-
hibits the States from denying or abridging
the rig ht of suffrage on account OF color, race
or previous condition Of serEilude, and gives
power u enforce the n"'Aieitiol ~ "appro-
priaie legislation Mn 90 1870, congress
passed aw 20 enforce this prOvi.i06. IL
enacted certain punishments OF iudfv duals
a. or Of tod ~ nr
individuals in the exercise of the tight Of
suffrage. Whether the constitutional power
legislation put sueh as would c0unterac5 and
nulllfy the laws Of aOy State that might deny
Or shridge the right OF suffrage on account Of
color, race, etc, j. certainty question.
But, passing this question by, We call the
attention CT our readers 10 Wnat this enforce
Lnent act undertook TO do. It's NTH section
punished by fine and Imprisonment any per
son who should iutlmidate. or attenIpt to in
tintdate, any other person having the right
70 vote from exercising that right, by bribery
on threats. The sixth section punished with
heavier fine and i'm prsOnment, and also with
Acknowledgement, any two or more persons
who should conspire, or go IN disguise upon
the highway, TO mi ure, Cypress, threaten or
intimidate any citizen with intent 10 prevent
or hinder his fee exercise or enjoyment OF
any right or privilege granted or secured 10
him by the constitution or laws OF the United
States, or because OF his having exercised the
same. The offenses created by this section
were made felonies. The seventh section
in the act of violating any provision in either
OF the two preceding sections any other felO-
ny, crime or misdemeanor shall be commit
ted, the offender, on conviction OF violation
Of said sections, shall be punished for the
same with such punishments as are attached
TO the said felonies, crimes and misdemeanoFs
by the laws of the state IN which the offrnss
may be committed The eighth section gives
jurisdiction 10 the district courts of the Unit
Cd states over all ohenses committed against
the act.
Nov the natural and obvious meaning of
the seventh section would seem TO be that II,
IN committing either OF the offenses created
and punished by the fifth ana sixth sections,
murder, for exam pie, is also com n1ltyed, the
Federal court may increase the punishment
of the odenses committed against the fifth and
slxth sections by administering The puntsh-
meut attached 20 murder by the laws OF the
states. II the attorney general suppOses that
the seventh aud eighth sections give turisdic-
lion TO the district courts u en- ertain aud try
an indictment tor murder simply, ami he pro-
poses so 70 incict and try these prisoners, ne
f0unds the jurisdiction upon a law that hard
y seems capable OF such a constructor. lie
Informs the governor Of Tennessee that HnO
reasonable dodbts csn exist as TO the iurisdic
ton OF the courts OF the United states upon
the facts as stated by the district-attOrney."
But he does not explain, nor has he informed
The public in relation to the extraordinary
powers that he is now exercising IN the south
generally; how the courts Of the United States
get jurisdiction TO try and punish the crime OF
murder as an offsnse against the United
states. As anincldent or aggraVatlOn OF some
o her odense committed against the United
States we can understand how q court of the
United States may be authorized 70 punish
1nr that other offense b, adding the punish
menl which the State law infiicts upon muir
der. But we sre not aware Of any law
that makes the substantive ofense OF muir
der iDaicJable and triable in a Federal
court when not committed within the ex-
elusive jurisdiction OF the United states.
There can be no doubt about the general
principle OF which the Encouragement re-
minds the governor that when upon the same
state OF facts, SD Offense has been committed
both against the UniIed states and a
STATE, the nited States Is not bound
TO forego the vindication OF its own
laws and hand the prisoner over 10
the Stale. But whether this principle Is ap-
piicab,e 70 the case Of these rennessse prison.
sfs depends upon what the Onense is for
VIII CD the attorney general proposes 10 indict
them Ia Federal court II be holds them
FOR Indie, ment and trial for a murder he will
we fear, q nd very d ytle law fJT the jurisdiction
Of the ederal court to the exclusion OF the
Stale court. II he holds them for indictment
3 I'd trial for the onenae Of obslructing the
exercise OF the right OF suffrage, in the COM
mission Of which Oaeuse murder WIS also
the propriety OF refusing 10 sur
render them 70 the governor OF the state for
Tial for the Gravest OF an Ofienses, which can
only be tried as q substantive Offvuse in a
state court, - at least very questionable.