The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-07-12

race, whose privileges were adopted as the stant
ard, although it embraced many persons, fire
cOlored people and others, who were already cit
Zens IN several OF the States. was necessary f,
the purpose OF settling point which had bee
| RAISED by eminent authority, that hone but tn
white race were entitled to the rights Of citizen
ship in this country. As disability to be a citize
and enjoy equal rights was deemed one form o
badge of servtude, it was supposed that Con
Sress had the power, under the amendment, t.
settle this point Of doubt and place the othc
races on the same plane Of privilege that oc
cupled by the white race.
ConcedinS this to be true, (Which think it is,
Congress then had the right To go further and t
| enforce its declaration bv passing laws for the
prosecution and punishment of thos, who sho,ll,
deprive, or attempt to deprive, any person Of thu
rights thus conferred upon them. Without hav
ing this power Congress could not enforce tn,
amendment.
1t cannot be doubted, therefore, that Congress,
| had the power to make it penal offense to con-
spIre to deprive person Of, or to hinder him i'll
| the exercise. and enjoyment OF the rights ant
privileges conferred by the XlIlth amendmen,
and the laws thus passed in pursuance thereof.
But this power does not authorize Congress t.
pass laws for the punishment of ordinary crimes
and oftenses against persons OF the colorcd race
or any other race. That belongs to the Sta t.
Government alone. All ordinary murders, rob
berries, assaults, thefts and otfenses whatsoever
deed, the State should deny to the class Of per-
SONS referred to the equal protection Ut the laws.
Then, OF course, Congress could provide reme-
dies for their security and protection. But, i'll
ordinary cases, where the laws Of the State are
not obnoxious to the provisions OF the amend
ment, the duty Of Congress in the creation and
punishment OF otfenses is limited to those otfenses
which aim at the deprivation Of the cOlored citi-
Zens enjoyment and exercise OF his rights of cit
izenship and OF equal protection Of the laws be
sf -
servitude.
To illustrate: Ii in a community or nelghbOr-
hood composed principally Of whites, citizen Of
African descent, or of the Indian race, not within
the exception OF the amendment, should propose
to lease and cultivate farm, and a combination
should be formed to expel him and prevent him
from the accomplishment Of his purpose Oh ac-
count Of his race color, it cannot be doubted
that this would be within the power of
Congress to remedy and redress. 1t would he Il
case Of interference with that persons exercise
OF his equal rights as a citizen because Of his
race. But II that same person should be in
jured in his person or property by any wrong
door for the mere fclOnlOus Or wrongful purpose
OF malice, revenge. hatred, or gain, without any
design to interfere with his rights Of citizenship
Or equality before the laws, as being person Of
i different race and color from the white race, it
would be an ordinary crime, punishable by the
State laws only
To constitute an otf;.nse, therefore, of which
Congress and the courts OF the United States
have right to take cOgnZance under this amend
mcnt there must be design to njure person,
or deprive him Of his equal right Of enjoying the
protection OF the laws, by reason OF his race,
color or previous condition Of servitrde Other
wise it is exclusively within the jurisdc
ton OF the State and its courts.
l will next consider the effect of the NNth
amendment, to enforce which the law under con-
-ideration Was primarily framed. The amend
ment declares that IS the right of citizens of the
United States to vote shall not be denied or
abridged by the United States. on by any State,
on account OF race. color OF previous condition OF
scrvltndc. and power is given To Congress to
force the amendment by appropriate legislation.
view, apparently to be governed by the rule that
Congress has no duty to perform until the State
has violated its provisions. nevertheless i'll sub
stance, 1t conters a positive right which did
not exist before, The language is peculiar.
right shall rot be denied. That is, the
right stall be enjoyed: the right, namely,
to be exempt from the disability OF race, color or
previous condition OF scrvitude, respects the
right to vote. In terms it has a general APP
pllcAtion IL ali, but the history OF the
events out OF which the amendment grew, shows
that 1t was principally intended to- confer upon
c"lorcd citizens the right "f suffrage. The ma
jorlty OF the court in the &c 1t Slaughter House
and the pelN adj & purpose of them,
which We have already discussed, it is not diff
cult to give meaning to thl- clause. (Speaking
of that clause in the AIVth amendment which
prohibits the States from denying to any person
within its jurisdiction the equal protection OF the
laws.) The existence Of laws in the States
where the newly eInancipatel negroes existed,
which Disseminated with gross injustice and
hardship against them class, was the evil TO
be remedied by this clause and by it such laws
whether any action OF State not directed by way
Vi Discrimination against the negroes AS a cha So
VI on account of their race, will ever be held to
come Within the p'uyieh Vi this provision" (lc
Wall. ST. ;.
Whether this suggestion of the court, that The
recent amendments were intended for the benefit
Of the African alone, be accepted OF not it is
manifest that the NNth amendment was primarily
and principally intended for their benefit and
that it does have the affirmative effect before
stated Of comforting upon them an equal right to
vote with that enjoyed by white citizens. 1t
was in fact, constitutional extension of the
tivil rights bill passed in 1866 comforting upon
The enancipated slave (as well as all persons OF
his race another specific right in addition to
those cnunlera ted in that bill and it is tU be in
lerpreted on the saline general principles.
But whilst the amendment has the effect adj
Ierted to it must be remembered that the right
conferred and guaranteed is not an absolute, but
4 relative one. 1t does not confer the right IL
vote. That Is the prerOgative Of the State laws.
1t only eoilfers right not to be excluded from
iotlnS by reason OF race, color or previous con
lition Of >crsitude, and his IS all lie right Mat
Congress ,un enforce. 1t confers upon citizens
II the African race the same right to vote as
White citizens possess. 1t makes them equal.
This is the whole scope Of the amendment. The
lowers OF Congress, therefore, are confined
within this scope.
The mendnent does not confer upon Congress
my power 10 regulate elections or the right Ut
'oting where il did moi have that power before,
.Ncept i'll the particular matter specified. It |
Ices, however, confer upon Congress the right Of
the prohibition imposed against ex-
hiding citizens of the United States on account !
# race, color previous condition Ut serstude.
Before the amendment Congress had the power
o IT uiat+ elections and the right Of voting in |
lie District Of Columbia and III the Territories,
md to regulate (by altering any regulations made
~ the State) the time. place and manner Of
holding elections for Senators aud Kcpr,.auta-
ives III the several States 1t has that power
till, subject to the prohibition of the amend |
nent. Also, before the amendment, the States
lad the power to regulate all State electious aud
he right Of voting therein. They have that !
'ower still, subject to the prohibition OF the
amendment and the right Of Conyress to enforce
t. Congress has not acquired any additional
light to Regulate the latter electious, the night