The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1875-04-17
COLUMBIA, SC.
Saturday Morning, April II, 1876.
The enforcement Acts before ths su

promo SOuHIs
A despatch published two days since,
indicated that the Supreme Couft of the
United States had been polled upon the
question of the constitutionality of the
Enforcement Acts, and found opposed
TO dsJiAring them constitutional. The
Court In supposed to sustain the deci-
Zion of Justice Bradley in the Louisiana
'csss:- nom whiOh an appeal was taken,
which brought it into the Supreme
Court yhers twas argued on one side
BY tKe" Attorney General, and on tho
other by several eminent lawyers.
famohgst them Mi. D. Dudley Field, of
d New York. and Mr.. Reverdy johnson, of
Baltimore. While the We've entertained
by the Court are thus indicated, it is
also stated that it will not announce any
decisions upon questions of political
nature, Of which this is one of the most
| important until after the fall elections.
{. Itwas noticed during tho argument that
= Attorney General Williams found it con-
''vefiient to evade the issue indirectly in
volved in tbei case : He avoided the
leading question of the validity Of the
Enforcement sAet6 s9d the Court may
be justified in doing likewise, although
~ N@sSlt 70 sse HOY they cans in any
d&sfhM Al gSt rounds the efdrmAton
sdrdSnhf 81 the power claimed fby Con-
gress under the new constitutional
amendments. The case, as presented,
may not press in that particular direo-
ton, or there may be prudential reasons
for not giving expression to the conolu-
sion. which seems to have been reached.
The phrassology is unfortunately chosen,
however, which makes the decision or
the PRONUNCIATION of it in any way con-
tingent upon elections" Itlooks as if
they subordinated the conservatism aud
just construction to which they are i'm
,pelled to the political influences which
.sdfrouhd them and the policy Of the
iAdhinis ffaion, and- awaited q more
sMvoisbiS c6naition Of 'pnbiio sentiment,
inoSder TO justify them in giving e1-
presSion to It. We doubt not that the
"fall elections" will do their part, and
,thsn we shall expect the Judges to do
tfbssjjrs,s They may then. if AL signs do
not ~. pronounce against the Enforce
msnt Acts with impunity, and with q
courage which will net have much to
cope Wltn.tD i,. A,. ,.- aii ~. =
There is nothing in the near or the
srslAots Antuze moro important than q
right daeidon Of the questions involved
in THE, matter. Arc the. rights of the
States Of this Union abridged and made
subordinate by these Acts to the powers
,.ef tho General Government Are citi-
aegsaaenable directly to Federal laws,
without regard to the laws Of their own
6tate2 What the country wants and
.o1khav6iI = ti4f Construction of. the
rtnslauss, with, which each of the amend
s4snts teo4hs Constitution. spnnlsaes.
.SAAt I"tAs eongress shall haSs l TO
ENFORCE this article by appropriate le-
gislatip1E The fourteenth amendment
provides in the first section that mo
Stat4, sAaAV make or enforce any law
xhich shall abridge the privileges or
AmpAit4s Of i citizens of the United
~ xSr shall 'xny State deprive any
5eokok,: DC. ':nor deny to any person
within II jurisdiction. the equal protec.
tea Of the laws. {" =, What "a appropriate
ilssisiAsion,r % applicable 70 these pro-
vassicns .Congfsas has assumed, under
,ithis THE grant ef Legislative power, the right
ito lssislAta on the subject of pnblio con-
" Slyanoss, modes of travel, &c. It has
nstsetShs4 out its hand to punish of.
tsnoes within the States, without refer.
snoS q SBAH lA*l. SIS this appropriate
lsgislation9 Upon the answer to this
Question must stand or fall the whole
,bNaDofi political legislation which has
absss elected within the last few years
w the 'Rspdblican majority Ia Congress.
';M m Phiiadelph phia Psss well psys: :
al IN M. Re.ssdy 1otSsot, W! Fisld
seaa the other, eiaiHent ilVySIs Who have
sTgped against dc s4A36lnsys General in
Ap Lopisispa case ptsseHt The right in
,tepgststion; if the fourteenth and
6MeARth amendments are addressed only
.t9$Ae States. restricting their sstion and
,EqndsTipg null any State statutes con-
4otin0 with the intent Of these amend
mAnts, but Introducing no new features
into He Constellation, then ali tho recent
ilAAtS nf CQngreae Of the class referred to,
tQypr which the politicians have been
struggling, are worth no more. than 80