The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-10-05

wasteplaces nthe land lessthey should pc
arrested in theIff1orts blythe sweeping lea e.
lures of this bill.
Then came the reconstruction measures
ny which our State governments were oSel'
thrown and military rulers placed oger.us.
Every officer of the State held his place. -.
the WIN OF military. satrap. Judges ~e'e
arrested and tried by military Tribunals J
the judgments of our courts SET asluI w
military orders officials depoSed ana lne'n
places filled by thieyish carpes-Dassers'
set Of swindlers and defaulters entrus1cu
with the collection Of the public reVenu nc
which found it's way into their pochcl' ~
stead Of the publc treasury. by tnese aIts
tho rjobt of suffrage was conferred lot Tue
Grse time on the negro. and the result Oh tue
oxnarinpnt was The Underwood Const'-u
tion With lis acknowledgements ana iesI'
oatbc And thus the intelligence ana eApe'
Renee OF the State was eXcludcd iloni nei
nuh,ic councils, and ignorance and Druta'i'y
installed in their slead.
In the mean time, whilst these measures
vpre being enforced and the South heid uh'
der military rule, three amendments 10 Inc
CONSTITUTION were procured, and the nost
radical changes made in the Fundamental Ia"
of thc land. BY the thirteenth amendment,
the first in the series. universal emancipation
was proclaimed within the jurisdiction OF
the Federal Government and the negro SUI
deuly liberated, without fitness or preparation
far his nov, duties and relations, and Witn'
ont conversation to his former constitu-
tionaI owner BY the fourteenth amend
mpnt the negro was declared citizen OF the
limited States, and by the fifteenth amend
inert be was declared a voter in every State
in The Union.
Each of these amendments was accomp1.
MED with the provision that Congress shall
have power to enforce this article by appro'
pirate lcgislation." And under this provl'
sion TO the fifteenth amendment Congress
passed what is known as the " reinforcement
act,n under the preteXt Of securing to the
negro the enjoyment OF the right CT suffrage.
but really for the purpose OF oYeraWlng and
controlling the elections in the Suites, and
thereby securing for the Republican party u
perpetuation of political power. The pas
sage of this act was an attempt By the DON'T
nant party TO intimdate the people, and we
call upon the voters everywhere tn rally to
the polls and rcbuke this insolent attempt to
oyerawe the popular will and control the
popular elections. That this act Of Congl css
is n plain violation Of the Constitution IS
manifest from reading the fifteenth umend-
mcDt, from which it's advocates claim 10 de-
rive the power 10 pass the act. Inc HI
teentb amendment, which bears on this ques-
ton, is in these words:
"Thc right of citizens of the United States
TO vote shall not be denied or abridged by
the United Stltes or by any State on ac-
count Of race, color, or previous condition OF
servitude."
Il will be ob,ervcd, in the first place, that
the fifteenth amendment protects the right
10 vote Of " citzeus of the United States"
II declares that "the right OF the citizens of
the United States 10 vote" shall not be
" denied or abridged" 1t applies by its
express terms to- "citizrns OF tie United
States" aud does not apply to the right OF
citizens Of a State to vote. 1t affords no
protection to them. This Interpretation of
the amendment is sustained by the decision
Of the Supren Court OF the United States
in the Saughter.houSe cases.
In the second place, it will be observed
that the rgns to vote, whether it belongs to
a CITIZEN of the United States or OF State,
mus. not be "denied or abridged" by the
United States or any State" The prohi-
bition is upon the United States or any
-
The right to vote. BY its very terms the
amendment does not apply to interference
by individuals with the right TO vote. Such
interference is left to the local authorities Of
toe States to punish, which can and will af-
lord ample protection to all voters when
their right TO vote is assaied or questioned
by any individual or combination Of indi-
viduals. This amendment speaks simply OF
the United States acting through Congress,
o. of the Suites acting as States, rs diStn-
guishcd from their conjoint action through
Congress, and declares, by way OF neaa'
tive. that the "right of citizens Of
the United States to vote shall not be denied
or abridged by the United States or bf any
State on account Of race, color. or previous
condlto1rof scrritude"; and hence TO JUS
lily Congress in the passage OF such a law As
the enforcement act," and to bring il wit!i.
in tie fifteenth amendment, two things NUT
concur: Isl. The fright OF 4 citizen Of the
United S'ltes 10 vote" mus be "dcnied Or
abridged" I'd. H. must be "denled or
ABRIDGED" b. "lhe United States or any
S'atc.' If individuals interfere With the
riGnt to vote aud attempt to deny or ahrdgc
il the case is not within the fifteenth ameud-
ipcnt, and Congress can pass by virtue OF
that ami ndmcnt no law to punish inter-
frencr by individuals with the right to vote.
such interference must be punished by State
laws. Now, il is this kind Of interference
he interference with the right to vote ~ in
diTidua!S or combinations of individuals
watch the enforcement act declares to DC an
eli nee aud pre>cribCs the punishment for, II
committed; and as there is no power gwen
b; The iiltecata amendment 70 punish such
offences the act is without warrant Of law,
aud l. therefore plain violation OF the Con
sttution. For when the act was passed
here had been no effort, and none Is pre-
tended, ny any State TO deprive any ciLZen
over whom the security afforded by the
fifteenth amendment bad been thrown Of
the right Of suffrage. There has been no
violation of the fifteenth amendment BY any
Stale in the Union, and no attempt to violate
it. The only complaint is that in certain
localities the right Of the negro to vote has
geen disturbed By individuals Or com5ina-
tloDs OF individuals. Such offences are not
provided for by the fifteenth amendment,
but are By its express terms left to the local
laws OF the State TO be puniShed; and as the
enforcement act publishes only offences
committed by individuals or com Dna.
tons Of individuals it is not warranted
by the fifteenth amendment, but in
tact is violation Of it's express terms,
and is 10 copf1ct with that clause of the
Constitution which it pretends to enforce.
Another objection to this act is that it was
intended to afford security and protection to
the negro voter only, and to give none to
the white voter. This Interpretation was
placed on the act by Judge Bradley, of the
Supreme Court, in case which came before
him in New Orleans, where be held that, in
order 10 maintain prosecution under the
act, it was necessary to allege in the indict.
ment that the attempt to deny or abr,dge
the right to vote was "on account of race,
color, or previous condition of servitude."