Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1875-03-05
For tue -IDIrIla
.gz-sGGE ES0Nss AND TIL AMEND
EU CEIX CHARTERS.
FtIGFaI SupeFlnEthutl'.
Whining ton, \. c., Feb. I'D, 1877"


The purpose of the l4th Amendment
IL its fullest scope can only have the
effect Of securing to the colored cltl-
zen the same, that IS equal rights with
the white citizen. the act Of Cou-
gress, generally known as the En-
forcement At, was intended simply
to secure this C4uai'ty, and not 80
make INN superior to Tie white CItl-
zen. 1t never was Ia the cOntelnpIa
tIO;l III either the people OF the States
that adopted the Constitutional
Amendments, or Of Congress, that pas
sed the Enforcement Act, to place
the negro ubOUcthe white man, or o give
INN rights which the white man did
not possess before the adoption OF TIE
amendment or the passage OF the act.
Can the ingenuity OF the most as
tuJe MUD. or the pre- ddIce OF the
most malignant paTtlzan torture this
act into u Legislative intention to de-
prive the negro OF any right? Is there
| any provision in the act that does not
| operate equally upon the white man
as well as the negro Suppose that
| the purpose OF the act was TO effect q
! political change in the city govern
! ment, and the division of the city into
| wards was with that view and the direct
| effect IS to deprive the Republican
party Of control, does that violate
either the constitutional provision or
the act Of Congress Ii SO, the
trainers Of both have either been uu-
! fortunate in their use of language, OF
with studied malevolence concealed
! their malicious purpose.
/ The rules that govern courts in the
construction Of statutes are not de
| pendent upon the political opinions OF
! the Judges who compose the Courts.
! The fundamental principle upon which
the great Republic Of American liberty
| is based is, that the three Essential!
| powers of government should be in
! dependent Of each other, each sover-
/ eign within its own sphere, together
! constituting but one common whole to
! accomplish common purpose, and yet
each independent within the limits
! prescribed by the Constitution. This
IS the true, legitimate and only pur-
! pose Of a written Constitution; 1t alone
! distinguishes it from despotism, or at
| least from monarchy. Shall the Leg
! islature OF a sovereign State be com
/ PEELED 10 submit its territorial divis-
! ions into counties, townships, cities,
I towns and districts 10 the action OF
/ Congress and receive their sanction
. before it becomes a law Such a
| proposition would shock the most
/ radical asplrant for political suprema-
I cy, and yet the mere subdivision of
/ one OF these counties, townships or
! cities, which deprIyes no one, white or
! black, of the right Of suffrage, but, on
: the contrary, secures HIM equal rights
/ is grayely cOntendGd TO be liz violation
! Of the enforcement act. Suppose that,
by division OF the city into wards
! one ward should have Il population OF
/ one hundred more than another,
! would that be question for the courts
/ TO determine or tor the legislative de-
! partment of the government? If it be a
! legal question, tuen absolute equality
might be required and IA preponder-
/ &nce Of fifty, twenty, ten, nay, one
might turn the scale.
/ Such conclusion would necessarily
/ lead TO the abSurdity OF first holding
an election and asceCtaining the mum
beT OF voters on one side or the other
and then the court would decide
/ whether 1t was leg Il or not legal, as
! the court might be politically inclined
Would any freeman, living under d
/ government assuming the name OF
free government, for one moment
/ quietly submit to such an iuterpreta-
| ton Suppose, as III our case, the
wards are unequaliy divided, and that
| the major portion of the white popula-
! ton Is in Wards No. l aUd No. 2, and
the bulk of the remaining portion of
the population comprising majority
Of the whole number Of the popula-
ton OF the city Is composed of negroes
| in Ward No. }, can the court as a iu-
| dlCIal question decide in advance OF
an election that all the Alderman who
| may be elected will not be all black.
| and that they will be all white and
! none black, or that they may be some
| white and some black, or pied or
mixed, white and black t? SIS that g.
! legal question ? Is not this the only
! question-have ali the same and equal
| rights? The Constitution simply Sc
cures to the negro the right-to what L?
to vote, to hold office-to have the
same protection before the law as the
white man-does it go further and say
that if, by Legislative enactment. thew
in any locality are placed in a minori-
ty, they shall have place and power in
that particular locality
But has the Federal Court jurisdic-
tionin such a case?
Certainly nothing in the bill tends
to show that it has. The statement
of the bill is that the wards of tn , city
are unequally divided as regards num-
bers and property. Does that confer
upon the Courts of the United States
the power to stay municipal cleo
ton? Are the people of State SO to
make geographical divisions of their
territory as to secure exact equality in
numbers or value of the territory, SO
as to secure to each race, or to each
political party an equal chance in an
election? A division made this month,