New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-04-03
BY TELEGR APH
WASHINGTON.
The Grant Parish Case in the Supreme
Court.

The Grant Parish Case in the Supreme
Court.
WASHINGTON, April 2.-Mr. Justice Brad.
ley said: Suppose Congress should enact a
law making it a felony to steal the property
of another. Congress- has the undoubted
right to punish the stealing OF the property
of the government or Of property in the
service of the government but beyond that
the law would be unconstitutional. Now,
when law is 80 framed that one part is
constitutional and an other unconstitutional,
and the two are so blended together as to
be impossible to sever, can you hold one
part constitutional ana the other part un-
constitutional
The Attorney General replied that the
law could be enforced as to those otfenses
which it is admitted are within the legisla-
tive power of Congress to provide for.
As to the power assumed in the enforcement
act to provide penalties for interference
with voters at congressional elections, the
very existence of the government depends
upon those elections. II Congress has no
power to protect the voters, then the White
League of Louisiana, minority of the peo-
pie, can stand around the polls and prevent
the majority from voting. The learned
counsel On the other eide said that the
fathers never attempted to exercise their
powers. Did the counsel forget the
great civil roVOlutlOu tuTOuku WulCu W0
had passed The fathers had never exer-
cised these powers because there was no
necessity to exercise tht m-just as it was
necessary to exercise certain powers during
the rebellion never before exercised. go
now it was necessary to exercise powers to
maintain the results wrought of that re-
bellon. The fifteenth amendment confers
upon the cOlOred people the right to vote.
Unless Congress has the powers to enforce
the guarantee it is of no value whatever.
Mr.. Justice Clifford said in his State,
Maine, the colored man always had the
right to vote. He would ask the Attorney
General whether if two Indictments were
found of conspiracy, one to prevent col
O-ed man and the other white man from
voting. would the circuit courts of the
United States have jurisdiction of both
cases.
The Attorney Geueral-They would in
the case of the black man. ! don't contend
that they would in the case of the white
man.
Mr.. Justice Clifford-Then colored men
have more rights in the United States courts
than white men.
The Attorney General-That does not fol-
low. The constitution does not confer upon
white people the right to vote, but it does
upon cOlOred people, and thence the power
of Congress arises to protect them in that
f1gnt. lie OlEClAlmeO the assertion LnaC
negroes have greater rights than whites,
but these amendments took them from a
condition of slavery, guaranteed to them
equal rights with the white man, and un-
dert0ok to protect them against all discrimi-
nations. He would ask to modify the an
swer he had made to the question Of Mr.
Justice Clifford, and say that an indictment
for depriving a white man of the right to
vote at congressional elections could be
maintained in the United States court, but
he would not insist that it could be main.
tained if the deprivation of the right
to vote was at State election.
Mr.. Justice Strong asked if conspiracy
was formed to prevent man from voting be-
cause he was the son of an Irishman, would
the United States circuit courts have juris-
diction Of that. II would certainly he q
race discrimination
The Attorney General said he had no
doubt that Congress had the power to pro-
vide for such a case, but he did not say that
weuld come under this act.
Mr.. Justice StrOng-SuppOse the State of
South Carolina, where the majority of the
people are cOlored. should change its consti-
tuition and say that no white man should
vote. would a remedy against that lie in
the United States cOurtsi
The Attorney General said he had no
doubt that it would. His idea, in the main,
of these amendments was that any and
every right guaranteed by them may be
protected in the courts of the United States.