The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-04-03
COLLOQUY BETWEEN ATTORNEY GENERAL AND
THE JUSTICES IN WILLIAMS CLOSING
AkGUMENT On The FORCE BILL.

WASHINGTON, April Mr. Justice Bradley
said: S,ppose Congress should enact a law
making it felony to steal the property OF
acknowledgements has the undoubted right to
punish the stealing of the properly Of the
government or of property in the service of
the government, but beyond that the law
would be unconstitutional.
Now when law is so framed that one part
is constitutional and another unconstitutional,
and the two are 50 blended together as to be
impossible to sever, can you hold one part
constitutional and the other part unconsti-
tn 'ional?
The Attorney General replied that the law
could be enforced as to those offences which
it is admitted are within the legislative power
of Congress to provide for.
AS to the power assumed in the Enforce
ment act to provil 10 penalties for interference
with voters at Congressional elections, the
very existence of the government depends
upon these elections. If Congress has no
power to protect the voters, then the White
League of Louisiana, q minority of the peo-
pie. can stand around the polls and prevent
the majority from voting.
The learned counsel on the other side said
that the fathers never attempted to exercise
their powers. Did the counsel forget the
gr. at civil revolution through which we had
passed? The fathers had never exercised
these powers, because there was no necessity
to exercise them just as it was necessary to
exercise certain powers during the rebellion
never before exercised. so now it was neces-
sary to exercise powers to maintain the results
wrought If that rebellion.
The fifteenth amendment confers upon the
colored people the right to vote. Unless
Congress has the powers to enforce the guar
antee, it is of no va'ne 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-oue to prevent o col
ored man, and the other white man, from
voting-would tbs Circuit Courts of the Uni
ted States have jurisdiction OF both ca ,es?
The Attorney General-They would in the
case of the black man. don't contend that
they would in the 80 of the white man.
MIR. Justice C,ifford-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 powerof
Congress arises to protect them in that RI ,ht
He dlsclaimed the assertion that negroes
have greater rights tn n whites, but these
amendments took them from y condition of
slavery, guaranteed to them equal rights with
the white man. and undertook to protect
them against al discrimin itions.
II, would ask to modify the answer he had
made to the question of Mr.. Justice Clifford,
aud say that an in lictment for depriving q
white man of the right to vote at Congress-
ion,l elections could be manta ned in the
United Sa,es Court, but he would not insist
that it could be maintained, if the deprivation
of the right to vote was at State election
Mr.. jus ice Strong asked if conspiracy
was formed to prevent a man from voting be-
cause he was the son of an Irishman, would
the United States Circuit Courts have inris-
diction of that? 1t would certainly be q race
discrimination.
The Attorney General said he had no doubt
that Congress had the power to provide for
such case, but he did not Say that it would
come under this act.
Mr. Justice Strong-S1ppose the State OF
South Carolina, where the maj ,rity of the
people are colored. should change its consti-
tuition and say that no white man should vote,
would q remedy against that lie in the United
States courts?
The Attorney General said he had no doubt
that it would. His idea, in the main, of these
amendments WIS thai any and every right
guaranteed by them may be protected in the
courts Of the T. led .ateg