The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1874-07-01
and intelligent one.

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Under the indictment, the prise.
ners were charged with: l. Con.
spiracy to take away certain rights
from citizens of African descent 3.
The commission Of murder whilst
engaged in this conspiracy; aud
found guilty Of sixteen counts.
That Congress has the right to
pass laws to carry out the provis.
ions of the thirteenth, fourteenth
and fifteenth amendments, no one
will deny. The question is, how
far this right extends.
The thirteenth amendment dc.
clares that all persons in the Uni. s
ted States shall not be disqualified
from voting on account of race,
color OF previous condition. The
United States is given no power to
pass laws relative to elections or
voting, but simply to see that the
States do not interfere with these
rights. The United States has on.
ly the power to see these rights en-.
forced. The moment the State fails
to comply with the duties enforced
upon it, the United States is called
on to interfere; and the interior.
,ence Of Congress, when the State is
ready to punish violations of these.
rights, is unnecessary, injudiclous
and illegal.
To constitute an offense OF which
the United States has Jurisdiction,
it must be shown that a conspiracy
was formed to take away certain
rights from person on account
of his race, color or previous condi-
ton.
The fifteenth amendment declares
that the right of every citizen Of
the United States to vote shall not
I've denied by the United States OF
any State on account of his race,
color or previous condition. When
a State refuses this right, Congress
has power to pass laws to enforce
the amendment. Congress has al.
so the power to secure these rights
against violence and outrage on the
part OF individuals; therefore, I am
unwilling to affirm the unconstitu.
tionality of this act.
But, let us examine the counts Of
this Indictment:
The first count charges the prison
ers with conspiring to prevent GER
tain persons of African descent from
peaceably assembling. The consti-
tuition of the United States declares
that Congress shall not interfere
with the right of peaceable assem-
blages. Does this amount to
an affirmative law, giving the United
States the jurisdiction over all per-
sons who shall interfere with tho
right of peaceable aseemblage ?
Clearly not.
The second count is the same as
FIRST.
| The third count declares that a
conspiracy was formed to take the
lives of certain citizens of African de-
cent, and without dine process Of law
All murderers d. this Has the Uni
ted States jurisdiction Of all murders!
The fourth count is too vague aud
general; SO are the fifth and eighth.
: Their vagueness is such that they
cannot stand.
The sixth and seventh counts
charge the prisoners with conspirine
against certain persons because they
had voted, or were going to vote
Not word is said that this was done
because of race, color or previous
: condition. This is vitality necessary
, The mere interference with the righ,
J of voting is no offense under the ju
risdiction of the United States.
The following eight counts are lit
eral copies of the first eight, ant
must fall with them.
, l am accordingly Of the opinion
that the indictment is fatally defec
, tive.
} Judge Woods then in a few word
announced that he differed in opin
7 ion with Justice Bradley, and tina
, they bad resolved to certify to dit
ference of opinion SO that the Su
9 preme Court of the United State
could pass upon the question.
5 As, however. the Superior Judge
: had decided against the validity o
: the indictment, it could not stand
: for the present, and the prisoner
Y were therefore entitled to bail.
: Bail in the sum of $4,000 for eacl