The People's vindicator. [volume] (Natchitoches, La.) 1874-1883, 1874-07-04
.1udge Bradley orders an ares: ofJudg.
ment ant releases the prisoners on bail.
From the Caucasian Extra.

From the Caucasian Extra
Judge Bradley returned to the city
yesterday. At - o'clock he took his
seat on the bench with Judge Woods
and announced that he bad prepared
a decision upon the points raised by
Mr.. Mari, in arrest of Judgment and
testing the constitutionality Of the
Ku-Klux act.
Justice Bradley then read his de-
cision, a most lenghthy, exhaustive
and intelligent one.
Uuder the Indictment, the prisoners
were charged with Il. Conspiracy to
take away certain rights from citizens
of African descent. g.. The commits
sion of murder whilst engaged in this
conspiracy ; and found guilty of six
teen counts.
That Congress has the right to pass
laws TO carry out the provisions Of
the thirteen, fourteenth and fifteenth
amendments, no one will deny. The
question is, how far this right extends.
The thirteenth amendment de-
clares that all persons in the United
States shall not be disqualified from
voting on account of race, color or
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 only the power to
see these rights enforced. The mo-
ment the State fails to comply with
the duties enforced upon it, the United
States is called on to interior; and
the interference of Congress, when
the State is ready to punish violations
OF these rights, is unnecessary, in
judicious and illegal.
To constitute al Ofense of which
the United State has jurisdiction, it
must DO shown that a conspiracy was
formed to take away certain rights
from u person on account Of his race,
color or previous condition.
The fifteenth amendment declares
that the right Of every citizen of the
United States to vote shall not be
denied by the United or 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 also the power to pass to secure
these rights against violence and out
rage IN the part of individuals; there
fore, I am unwilling to affirm the un-
constitutionality of this act.
But, let us examine the counts of
this Indictment:
The first count charges the prison.
ers with conspiring to prevent certain
persons Of African descent from peace
ably assembling. The constitution
of the United States declares that
Congress shall not interfere with the
right of peaceable assemblages. Does
this amount to an affirmative law,
giving the United States the jurisdic-
ton over all persons who shall in
terfere with the right Of peaceable
assemMage? 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 due process Of law.
All Nurderers do this. Has theUnited
States jurisdiction Of all murders
The fourth count is too vague and
general; 50 are the fifth and eighth.
Their yagueness is such that they
cannot stand. The sixth and seventh
counts charge the prisoners with con.
spring against certain persons be.
cause they had voted, or were going
to vote, 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 no offense
under the jurisdiction Of the United
States.
The following eight counts are lit.
eral copies Of the first eight, and must
fall with them.
I am accordingly Of the opinion
that the Indictment is fatally defec.
tive.
Judge Woods then in q few words
announced that he differed in opinion
with Justice Bradley, and that they
had resolved to certify to a difference
of opinion so that the Supreme Court
Of tho United States could pass upon
the question.
AS. however, the Superior Judge
had decided against the validity Of