Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1875-10-14

to interference by individuals With the
right to vote Such interference is left
TO The local authorities OF the State to
1spulIish, which can and will afford
ample protection to all voters when
their right to vote is assailed or qites.
toned BY any individual or combina,.
ton Of individuals This amendment
speaks simply of the United States
acting through Congress, or of the
States acting as States, as distinguished
from their coWoint action through
Congress, and declares by the way Of
negative, that the ''right of citizens OF
The United States to vote shall not 'be
denied or abridged by the United
States, or by any State on account of
race, color, OF previous condition of
servitude;? and hence, to Justify Con
gress IN the passage of such a law as
the reinforcement act and to bring it
within the Fifteenth amendment two
things must concur: lst. The fright
OF a citizen of the United States to
vote must be ''denied or abridged ="
ID 1t must be s'denied or abridged
by ''the United States or any State )"
Il individuals interfere with the right
to vote and attempt to deny or abridge
it, the case is not within the Fifteenth
amendment, and Congress can pass by
virtue of that amendment no law to
punish interference by individuals with
the right to vote. Such interference
must be punished by State laws. Now
it is this kind Of INTERCHANGEABLE in
reference with the right to vote by
individuals or combinations of indis
yiduals which the enforcement act
declares to be an offence and preseribes
the punishment for, if committeds and
as there is no power given by the
fifteenth amend nent to punish such
law, and is therefore plain violation
Of the Constit ution. For when the
act was passed there had been no effort
ded none is pretended, by any State to
anprive any citizen, over whom the
security afforded by the fifteenth
amendment had been thrown, of the
right of SUFFRAGE There has been no
violation of the fftealth amendment
by any State in the Union, and no at.
tempt to violate it. The only com
plant is. that ia certain localities the
right Of the negro to vote has been
disturbed by individuals or combina-
lions OF individuals. Such offences
are not provided for by the fifteenth
amendment, but are by It's express
terms left to the local laws OF the State
to be punished; and as the enforce
ment act Furnishes only Offences com.
mitted by individuals, or combinations
of individuals, it is not warranted by
the fifteenth amendment, but in fact is
a violation Of its express terms, and is
in conflict with that clause Of the Con-
stitution which it pretends to enforce
Another objection to this act is that
it was intended to afford security and
protection to the negro voter on Y, and
/ ~ give none to the white voter. This
inter rretation was plac> d OF the act by
Judge Gradley, Of the Supreme Court,
IN a case which came before him in
New Orleans, when he held that, III
order to maintain prosecution under
the act, it was necessary to allege in
the indictment t,..st the attempt to deny
or abridge the right to vote was, "on
account of race, color, or previous cons
dition of servitude." THIS proves 1t to
be class legislation of the worst tyre,
and shows psltiality of the >RePuoh>
can party for the negro in prete" renee
to the whites, which should repel eve."Y
white person from afhliation with that
party, and array them in deadly hos>
tility to them and their whole series of
partial and oppressive measures. ..
Kindred in character and not less in,
furious in its operation is the act of
Congress known as the Ku-klux act.
1t was passed under the pretext of Civ
ing effect to the fourteenth amendment.
Never IN the political history Of the
country has so direct a blow been
aimed. under color of authority, at the
supremacy Of the Constitution, or a
precedent been established so danger
ous to free institutions. The authors
of the measure have. with diligent care:
sought to conceal, and yet to accom- !
plish their end by the tricks Of lang
uage, they have endeavored to hide
their real purpose by the free use of
the VOID conspiracy" AID by a new
definition given to the word rebellion
The word rebellion is a word well
known to all writer's on public law. 1t !
has well ascertained and defined |
meaning, and describes positive fact /,
and not a theory or supposition; and |
yet by this act domestic violence"
unlawful combination, and ''conspi
racies, are declared under certain cir
cumstauces to be ''rebellious,' and the |
President is empowered to suppress
them by the military power Of the gov
eminent; and whilst the Constitution /
permits the calling out Of the militia
to suppress instructions, yet this act
has gone to the length of empowering
the President to use the military in
time of profound peace in putting
down mere domestic violence and in
breaking up consplracies; and the act
thus makes murder, arson, manslau gh-
ter, rape, and other crimes of violence
against the person and property. which
are punishable only in the State Courts.
cognizable and triable in the Federal
Courts. 1t is a plan by which the
United States Courts may exercise full
criminal and civil jurisdiction over any
and all acts Of violence to the person
and property Of private citizens, by
which, i'll short, Congress and the
Federal tribunals may assume and
WELD complete police jurisdiction
throughout the State.
But the exercise Of all the powers
which peculiarly relate to domestic |