New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-06-30
TIE KU KLUX LAW IN THE CIRCUIT
COURT,

THE KU KLUX LAW IN THE CIRCUIT
| d. COURT.
Two opinions, which conflict with each
other, have been fled by the judges OF the
United States Circuit Court fer this city,
on the question of the constitutionality OF
the Ku Klux law. As itrequires unanim.
ity to render final decree or decision,
none has been had, as all the conclusions
arrived at by one of the judges are exactly
counterbalanced by the adverse opinions
Of the other; yet the city press has rather
jumped at the conclusion that the law OF
the case is to be found in the views OF
Judge Bradley, while Judge Woods is
almost entirely ignored by them, and one
| INDUCES in the bad taste of stripping him
Of all legal titular designation and lavish
| ing upon his learned brother double
supply. So we find honeyed words for
Judge Bradley and childish spitefulness
for Judge Woods all the way through. The
fact that the views Of the presiding judge
chime with their own may have some
thing to do with this adulation, while the
confidence manifested in his view Of the
case may be strengthened by the knowl-
edge that he is one of the members OF the
court of last resort. The latter considers
ton is, however, fallacious, as We have
seen one of this same jurist's decisions in
Louisiana matter totally upset by the
Supreme Court
But we do not intend to review either
of the opinions which have been filed in
the Grant parish case. They stand as OF
equal rank, and will 60 up together on
certificate of division. At Washington
they will be scrutinized by the aged IN
cumbents of the supreme bench, and the
question settled authoritatively one way
or the other, SO far as the Judiciary is
concerned. We only make the remark
here that if the views of Judge Bradley
are to prevail finally, then Congress has
only half done its work, and it may be-
come necessary for the people to set aside
another Supreme Court, lay down new
chart and select new bench to steer by
il. For the Ku-Klux laws have been en-
acted to serve purpose which is not
likely to be relinquished; to enfore rights
which the people of the nation have
thought proper to concede, and to afford |
judicial protection to the weak in all their |
legal rights Of life, liberty, property |
and the enjoyment of those things which |
they may deem essential to their hap
piness. If Congress is to be deprived OF |
the power to enforce the right Of the !
people to peaceably assemble together
merely because the constitution prohibits
it from disturbing such an assembly it.
self, then it will be necessary to cure
ambiguity. At present, under
this modern Interpretation of the law,
Congress is the only thing that is forbid
den to break up peaceable assembly Of
citizens or to take their arms from them.
Any body else may violate these wise
regulations with impunity and the army
and judiciary Of the United States be COM
PEELED to stand idly by with trailed arms.
This revives the old complaint against
our government, that while the whole
blood and treasure Of the nation is
pledged for the safety Of a half natural
zed citizen who revisits his native land
o engage in seditien against his whilom
prince, there is no protection for native
,itizens upon our own soil. Whether
Congress has cured this manifest defect in
be enactment of the reconstruction laws
s question which is left in allegiance
until we see whether Judge Bradley or
Judge Woods has properly interpreted
heir meaning.
It is not very creditable to any conmu-
ity that the ordinary rules of justice and
humanity can not lie enfored by the good
ense of the pc ople; that the statutes have
o be made so strict that evasion is i'm
ossible before it is safe for strangers to
tempt to live in it. Yet we have pre-
ented the anomaly that it is crime to
epriye citizen Of the right to vote, but
o offense at all under the same law to
urn out with arms and burning torches
, prevent the same vote from being made
Elective by the installation Of TIE success
IL candidates. If our officers are to be
laced in their seats by mob, there is
o further necessity for going to the ex-
ense of holding elections at all. The
,ere casting Of ballot for an officer who
lay be legally shot when he presents him.
IF to qualify is one Of the vainest Of all
ain things. The whole theory of the
efense has been that such of the Grant
arish people as were actual partici- J
ators in the Colfax affair are justified in
hat they did because the nation is pow
rless to call them to account for it. That
aving once permitted the negroes to
ote, they can persecute the men for whom !
lie votes were cast with IMMUNITY. If
lis is all we have gained by the recon-
ruction laws, it may be necessary to
AXE another attempt.
THE WHITE LEAGUE FAILURE.
hot ;c |