The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-28
THE GRANr-PARISH TRIALS.

Decision OF Justice Bradley On tho
Jurisdiction of the United States Courts
Under the Recent Amendme nts-Ad-
Opinion of Judge Woods--The
Indictment Declared invalid.
NEW ORLEANS, La, June 81 1874.
In the United States Circuit Court to-day Judge
Woods rendered decision in the Grant PARISH
case on the motion Tor new trial. which was re-
fused
The Pic0Wtne gives the following account Of the
further proceedings in this case -
At twelve O'Clock Justice Bradley took his seat
on the oench with Judge Woods, and announced
that ne had prepared u dec sion upon the points
raised 10y Mr. Mari IN arrest OF Jud sment ana test
ing the constltutionality OF the kukiux act Judge
bradley then read has decision. He SAID
Under the Indictment the prisoners We're chargcl
Gizens Oh African descet second Me commission q
guilty. COUNTS Tn na' Congress
the OF the and ,eeSn
anen;men5I no one WA aeny IN, que son IS how
cires ,ha, no person in the ueI s.afss shall be as
yoa Gs S sf or s ssor S5
power to laws relative voting elections but
Tishts The United staes ha, only POWER 10 see this
Win the duties upon It the uned S'ases IS
called to iere ami Inc INC Of Congress
rights is e:sary nv ndicious and .llesa 10 cn-
dicion 1t must be shown Thar cons tracy formed
TO take away certain rights perscn on cunt Of
The fifteenth amendment declares that the right of
citizen OF the Uhlted states vote shalt not be de-
MED by The United states Oh any state account OF his
race color or previous condition. hhcn sta.e refuses
this right Congress has power pass laws to enforce tne
amendment. Congress mas also power secure these
rights sgainS INDIVIDUALS, Therefore an unwilling
aifn tie unconstlul ally OF this act. Tut
examine the counts ot this indictment. lne
first count charges the prisoners with CON
spiriDg 10 prevent certain persons OF African
descent from peaceauy ASCENDING he constitute OF
United states that congress shah inter
tere with the right of peaccaDic senb Docs this
amount 10 II Affirmative Jaw, giving us jurisdiction
over all persons who shall interfere with the rignt OF
s.Ac A,,tl HI
The second count Is the the first.
he tird count declares tna conspiracy was formed
TO take the lives vi citizen, African descent
without due process law. All marderers do this Has
the Lnited states jurisdiction OF IA murdersr
he fourth count Is va cue ana general SO the
fifth and eighth Their vagueness IS such that they
not stand.
with conspiring against pei because they
had voted TO vote. Not a word Is SAID
that tins done because of race color
condition This IS vlaiiy necessary Mere interference
with the right oil voting offence under the jurisdc
ton OF the United states.
1he following GIN counts literal copies Of the first
eight, ana mus; lali WIN them. am accordingly OF
opinion that the indictments are FATALLY detective
Judge Woods then In few words announced
that ne differed IN opinion with justice Bradley
and That they had resolved to certify to a dner-
ence OfOpinlon, 50 That tae Supreme Court OF the
United States could pass upon the question. AS
however the superior judge had decided against
the validity oi the iboctnent, IL cOuiu not stand
for the present. and the Prisoners were therefore
entitled to bail.
BAH IN the sum of 200 for each prisoner was
furnished, and Hodno. CrinkshanK ana Irwin set
at liberty ana surrounded ana congratulated by
their friends.