New-York tribune., 1874-12-02
THE ENFORCEMENT ACT.
JUDGE HUGHESS OPINION IN THE PETERS
BURG ELECTION CASES.

CONSTI1UTIONALlTN Of lhE tNonSh"h-NA nNA
OF MAY, 1870 CALLED IN QUEsrIoN-THE RIGHT
OF A CITIZEN TO VOTE HELD TO BE DERIVED
FROM TIE STATE NOT THE UNITED srATEs-ANY
LAW OF CONGRESS UNCONSTITUTIONAL WHICH
MAKES THE PREVENTING OF CITIZEN FROM
VOTING IN A STATE ELECTION PENAL oFFENsE
lBr rBLkaRAPH TO THE TRIBUNB.l
WARRINGTON, Dec. 1.-The announcement
that Judges Bond and Hughes. holding a term OF the
United States Circuit Court at Rchmond. had disagreed
~ the Petersburg Va election cases, the latter oodng
that the portion OF ihe enforcement aot paseu ON
,hs Fourteepth Amendment applied only to acts done
or omitted to because or on account OF race
poor, or previous condition or servitude OF 'no
persons whose riShts were averTed TO nave peen
dexed &C. by the defendants, has aroused general IN
terest In subject VIA lead to an opinion by the
sopreme Court which will clearly define the limits OF
law under color which the grcaes. ourages upon the
rights citizens OF the Southern States have been per-
retrated Tue full text OF Judge Hughes's opinion was
received here late this evening Tae Judge begins by
saying:
If the election eesoribei instead OF being FOR muni
.fpa, officers had been for mamber Of Congress or
freslden ia Eect,rs of the Unted sates These l9uIes
nents for reasons which need not mere De set IoNn,
you'd have been valid to give luflsucto 20 tnis oor
aud wOad have been lou1ded on 'AoS1 0I me
relate 10 National elections. On the e..aarr
land, II the inIGtm'H!S !S, mad eNe.sed that
b,ate election were pei""", OF saxon celtic Mongol,
african or 0tber aDd that tho defendants pre-
benS founded upon os, se~cons ct the Enforcement
s@endmeuf of Inc Ma io1al constitution they would
ave given jurisdiction TO this COnrt, because the hf-
s, eu, ae ~ , At's, % .0'aoS 'mss IN , , h
snied abridged by tho United states or by any
nj serSude Tae otr" s, tHsrsoa. however is Clearly
cot within either OF these cat IL t had beep, the
Giabis Tie ind cSment. arc really founded upon the
fourth section OF Enforcement Act of May IL, 1870
winch declares that
"n any person br force bSerT threats Intimidation, ohs,
tsio means ha hsasr cs Peren os.ra SnS citizen from
election b. terrt,ry, ds,rct county
su aoS such & ga m e+iy @ & be- BE- sSnfs sS, Of m
senesn9r nd - oa e@'ea .s[,. @e Ane &C. or ipn'0Ded
Tais section ~ fouuaed upon the F.iteeuth
amendment ana, II cOhsi.u On at all. is 50 only by
virtue OF the clauses Of the Fourteenth amendment,
An person. ns;ui In tho Une1 s,,.s aud sect to
s Jurisdiction seeo eAe' Of tie United se asd Of tie State
shall abrse Fuvese< Of ns Of the Unit States
slses " '-'''' y - '-''
II this languss. of the Pvu eentn Amendment giving
TO Congress power to lcs1Siaie tor preventing the
ahridgemcnt OF tine rlghoS Ur citiz Of tue United
States. not Qrlh.d by another provision Of that
Amendment, ana were allowed iis widest sign6catOn,
then II Is broad eDo"A to cover the fourh section OF
quoted, in tie Oroadsst ssn,h,dton OF that
eiion,s language ANA t"e 'tion4 Courts would
auy right any citizen Of the Uni:eI States any
aeSGU0t and ne lndicmsns sI nsr would giye juro'
The Judge then discusses at ieugh the power OF the
=.
point quotes az en9i1 from the opinion OF tue supreme
Court the SLAUGHTER ons ca G. to show what the
National tribunals. aud wha rtSh,s the State tribunals
are bound project Tno rigIs which citizens denve
from the States fuyuamcUta rbts, such as bovng
of right citizens OF oil governments, and always be-
,ooged TO citizens of he several States from the time OF
their indepen eIce" o. the other hand,
as citizens of the Uuited States such
as are implied n tuo lang age o. J1GSd Ianey when 1
all the great PURPOSES ;or wnien tHe Federal Govern
iiOn an1 avdiing themselves OF he authority given by
the supreme Court in as decision in u" Slaugnterhouse
cases, the National courts are Justified In re,
fus,ng to take coguizance OF the ofeOces committed
IN violation OF th1Se TIgn's which Del"DS to person
bat only Guarantee1 hy the National Constitutions and
inc ~ @oti9s IN no e ,or 10 ' as s
Of tue Uui FL rt.es. Ti,s magn beng settled and ln-
May, 1870 cOnceras niy tae cluztnS rlsht of vong
so1iy TO iAQ ARE now tI ughs o vo1lS at
Of the State IN tnt Of citizen of the Uuted States
2he Judge thea con,loue'; -. .,o..,
TIE right to wond SEEM 10 be Dot fundamental.
not "a natural 1gIL TIe power TO declare who shan
be voters who s.an Ce oi iny h dd o
ceded to each Sue ton the oeGllnine Of our Inle-
Amendment Toe IlsOt to vo,o would seem TO be. not
Inherent rgIt. b., con- rred privilege; privilege
not me United states hut from ine state
atone; privilege beou2Us to the man as citzen OF
the saie aud not - ri9 Ia ns chlacsn as &C cl1z ~ o,
the United States Nr dos te Obligation or the united
States to guarantee 10 the states I"pnOhcan form OF
has existed from the ioinolAc OF me Onlon.
that to the States Is leit the power
q defining Tli r-EOltNHe INC DgnV OF
tu rrase. power wtoout winch STATE could scarcely
bc considered any tong rctaining Is autonomy 1t
election belongs 10 man as tne citizen or MS
State. II remains to esk what rg9t cnnnectcd win
Under the Fifteenth Ame1dtaeht ms rlxnt as
voting "on accouLt of race. color, or pre-
viOus cond.on ot seryiiude." "Alch is a
auy similar Right IN ms DaOnd character undt the
Fourteenth Amendment Whatever rrIt the national
citizen such may have under the general terms OF
the Fourteenth Amendment not TO he abdg I'd IN nis
privileges or immnies 90 Tar & oiger prYeSes @ nr are
right as to the privilege OF voting because ny ~
right suffrage in both state ana National eieeons 1t
1 therefore, pin Iai not only Is the rglt TO vote de-
category of rights wbco 1t rs peculiarly within tho
province Of the State tribunals to protect cut Is ex
cepted by the Fourteenth Amendment from those gen
sa,a. MIN shs St ais are ioTbiddgn ~ abridce
After quoting from opinions OF Justice Bradley TO
sustain Lis position, Judse Hughes Constitutes;
the same wnon avOiis resort to the power
o construction and winch renders useless the disnc
tion drawn the Natlona courts In ne cases alluded
TO- between tAe ngais belonging 10 person respec.
lively In ms Two =, OF eI1m d 1 Inc h 1,g h dus
created conferred and tecse merely Guaranteed oy
nsents sake, tnat the fourteenth Amendment iu ITS
1st paragraph, Intended 10 pronolt the abrIdge
fts czeOs on any account whatever; yet tue second
Paraeraph OF the same amendment which Leaves to the
QUALIFICATIONS for s1frage o, az tnef pleasure pleasure
except the right Of voting from those general prv
ieges nd the most that be inssted upon is that
She Fourteenth Amendment protects the citizen OF the
United States Ia all privileges except the right or
voting and tIiS right 10 Regulated ad HbItam
y the States this fact which created the
pscessy for the Fifteenth aDendnen and that amend
ment would nothing, and woud have
oeen wholly unnecessary, ~, before It's adoption,
enc States had not uncontrolled power yer the
right suffrage It's sole object tn limit the unrc
sfraned power OF State TINS rigAt which had
been conceded by the XIVtn Amendment; but under
took to power only In respect IL declared
substance that tue States possessed
uncontrolled power this night, they should
sricted in exercising their power at least least thus