New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-04-02

ported at Ashland, with the loss of severa
lives. All quiet here now.
WASHINGTON.
The Debt Statement.
WASHINGTON, April 1.-The debt state
ent shows decrease Of over s., 500, 900.
Coin and Currency.
Coin in the treasury, $4,000, 900; cul
rency, $5,00O,000.
Sale of Postage Stamps.
Postal stamps sold during the presen
quarter exceed those for the quarter ending
December over $3.50, 1000.
The Grant Parish Case.
The argument on the Grant parish cas-
will be concluded by Reverdy johnson ant
Attorney General Williams.
Treasury Disbursements.
The treasury disbursement for all sourcel
exclusive OF the payments made on the
interest or principal of the public debt dur
ing March was $l2.29O 693.
The Grant Parish Case in the Supreme
Court.
The Supreme Court was occupied to day
in the hearing of arguments in the cele
brated Grant parish case, involving the
constitutionality Of the enforcement act Of
May 81, 1870.
Solicitor General Phillips addressed the
court in behalf of the government, and
Messrs. X. II. Mari, OF Louisiana, and
half of the defendants. The argumer OF
Mr.. Phillips was Of legal and tech' ,al
nature, entirely contending that the United
States Congress had The power to pass laws
to enforce the provisions of the constltn-
tional amendments, and that the Indictment
in the Grant parish case was legal and
regular, and not defective as claimed in the
lower court.
Mr.. Mari and Mr.. Field added very much
to the interest of their legal arguments by
considering also the political questions in
volved. Mr.. Mari instanced the fact that
all the amendments to the constitution
from the first to the eleventh had been in
tended to prohibit the general government
from the exercise of certain powers. The
thirteenth. fourteenth and fifteenth amend.
ments only restricted the States from exer-
cising certain powers. The rights of the
States remained as before, with the
exception of the restrictions containx
in these amendments. The amend
ments were leveled not against indi.
viduals but against the States. Congress,
under them, had no power to enforce or at.
tempt to enforce punitive measures against
individuals in a State. He said to the court
that the continuance of the State govern.
ments and the liberties of the people were
at stake in their decision.
Mr.. Fields argument was eloquent and
impressive. II, said the whole purpose and
motive Of the late amendments was to raise
the freedmen to an equality with the whites.
When the war was over and its results
made plain there were two courses open.
One was to take blacks specifically under
tie protection of the federal government,
and the other was the course which was
adopted, to declare that the States in the'r
undOubted power to regulate their own
affairs should not do certain things
The amendments all conceded the plen-
ary power OF the States in cert lin
matters which had always pertained to
them. If it was otherwise, if the view of
the other side was to prevail, then the
whole domain Of personal and political
rights was transferred to the federal gov1
The amendments gave Congress
the power to carry out their provisions by
appropriate egislation-apprOpriat is
word of limitation, and the legislation
enacted must not be of nature prohibited
by other portions of the constitution, pro.
hibited either positively or by implication,
In this connection he referred to the
decision of the Supreme Court nulli.
Tying the act of Congress taxing the
court held to be impliedly unconstitutional.
The object of the constitution is not to
build up q great central government at
W Washington, but to preserve the rights of
n. the members of that government. He
alsO alluded to the # 1T that all the earlier |
to the constitution were in
ended to prevent the encrOachments of the |
ederal power on the rights of the States. |
The natural language Of the late amend. |
nents does not justify any such legislation
hat the plain inference is that the |
States must do some act to abridge |
he rights and immunities guaran-
eed by the amendments before Con- |
.ress and undertake to enact any legis- |
alton. The constitution said NO State |
hOuld pass an &c post .facto law. Here |
we're prohibitions to the powers OF the |
tate, just as in late amendments, but |
congress had never dreamed of undertak- |
ng to enact legislat on on these subjects. |
ctiOn by State is no ground for congress |
ional actor. Pennsylvania and Massachu.
etts had for long time no courts of equity. |
Would anyone undertake to say that Con-
ress could have provided courts of equity |
Or those States. The whole duty of Con.
ress under these amendments is to provide
Dr. enforcing the nullity of any State laws
! derogation of them; to stop the execution
such laws.
Justice Miller asked Mr.. Field, if his sreu-
rent was correct, if Congress had no right
D pass any affirmative legislati0n, what
emedy would have accrued to the Ken
1cky negroes whose cases were recently
efOre the court.
Mr.. Field said he did not know the case.
Mr.. Justice Bradley explained that the
egrOes had been deprived of the right to |
Ote through the neglect or refusal Of the
tate officers to take from them the poll 4
* which they had rendered, and the me-
rOes had sought their remedy under the
act.
Mr.. Justice Miller said the State had
assed no law denying the right to these
ZEN, and, therefore, under the view of Mr..
ield they would be without any redress.
Mr.: Field said they had the same remedy
8 white men; they could enter their suit in |
ne State COURTS for damages. He said
lso, that If ooO, 900 voters could not secure
le rights to which they had been declared
ntitled then that is the best argument thew
re not worthy of them. If the court, he /
aid, adjudged this enforcement act to be
ppropriate legislation, then there Is no end
the legislation which Congress may at
smpt. Perhaps such States as New York,
.hlO and Pennsylvania need not be
iarmed by this, but there were many OF
be smaller States which would be crushed
etween the upper and neither milestone. |
you assert tpis power in Congress, then |
he States hold all the rights, the lives and !
berties of their citizens at the will of |
majorities in Congress. He
1ould despair of his country If such
octrine was to prevail. No man in his |
snses can believe that any other than