The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-07-09

color er previous condition. The United
States is given no power to PASS laws rola-
tive TO elections or voting, but simplvsto
see that the States do not interfere with
these rights. The United States has only
the power 70 see these rights enforced.
The moment the State fails to comply with
the duties enforced upon Il, the United
States is called on TO interfere: and the in
reference Of Congress, when the State Is
ready TO punish violations Of these rights,
is unnecessary, injudicious and illegal.
To constitute an oifensc Of which the
United States has jurisdiction, Il must be
shown that conspiracy was formed to take
away certain rights from . person on ac-
count Of his race. coloT..or previous condi-
ton.
The fifteenth amendment declares that
the right Of every citizen of the United
States to vote shall not be denied BY the
United States- o. any State on account Of
bis race, color or previous condition.
When a State refuses this right Congress
has power to pass, laws to enfonoo the
amendment, Congress has also the power
TO secure these rights against violence and
outrage On tho-la Observation-Disclosures there
fore en- .qnYi ling e a.sssn the fncpnsli-
tptionall . 81 ttliis oct. r
Rnt let us exenAil'e, eae counts 81 alls
Indictment:
Tho hrst count charges the prisoners
with conspiring 70 prevent certain persons
of Atfleqn descent Eqm peacefully assem-.
bling The constit tption 81 Tue United
Stafes declares that onfress shall not IA.
teifefe with tee right 81 poaceehle assem-
'blage. Docs ibis amount to IA alternative
law, giting the United States tho jufisdic-
tom ,,rror al s,ara,e,e - cholI frtnr4nrn
with the right 81 pcaceable nssemblagel
Clearly not. az saf isH
The second cpuntiis the same as the frat.
The third count declares that a conspira-
cy was formed 10 take the lives of certain
citizens Of African descent, without due
process OF law .Ail muraerors DO this.
las the United States Jurisdiction ol al
mprders9. fs,sf,s4 -.
The fourth count is too vague aud genial /;
50 are the fifth and eighth. Their vogue
mess Is suellthat they cannot stand.
The sixth and seventh counts charge tho
prisoners with consmFiRg against certain
persons because they had voted, or were
going tovote. Not a word IS said that this
was done because of race, color or previous
condition. This is vitality necessary. The
mere interference with the right Of voting is
United States. -
The following eight counts arc literal
cnpies of the first eishs and must faisWith
'them!b 4 lflil 1Hl - f.tl sad ii1r
! am Accordingly Of the opinipn tAql the
Indictment is fatally detective.
Judge Woods then III h few words an
nodhood that lfo differed IN opinion with
Justice Bradleyy aud thatlthey had resolved
to certify to q difference .pf opinion 50 that
the Supreme Court Of the United States
could pass upon the question.
As, however,, the Superior Judge had de.
cided sagainst the validity d Tho indict.
ment, Il could, not stand,afor the present.
to Ball.
Bainia thesum OF 5000 for each prisoner
vas furnished, and Hadnot Cfuiksbank
and Irwin set at liberty, and surrounded
and congratulated by their friends. Aell
07ca2s Picdgan6