Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-03-27
III DNAAN1 NAAH
parchment.
MEMPHIS.
Judge EmmOns on the "GibsOn County
Eu-KIuNo

Eu-KIuN'
MEMPHIS, March ZG.-In the Ku-Klux
cases from Gibson county, Judge Emmons,
Yesterday, said he was but the organ for de-
livering the judgment of his brother, Bal
lard, before whom these causes were
argued. That Judge had communicated
by letter his conclusions only, without any
reason for his judgment, and he would not,
Therefore, be responsible Tor the little he
himself should say in acguiescing in the
decision. Sixteen negroes were charged
with crime, arrested and imprisoned by the
State of Tennessee. The counts in the in
dictments, which ale sustained, charge the
defendants with cOnspiring to prevent
the State Of Tennessee from eX-
tending to these negroes the equal
protection Of its laws. Among other acts
70 efectuate their conspiracy, It is ayerred
that they violently took the negroes from
prison intending to take the lives OF all, and
did in fact murder portion of them. The
Constitution in express terms forbids a
State TO deny to any citizen the equal pro-
lection Of its laws. Should an armed force
surround Legislature and terrify it into
passing a statute in violation of this pro-
vision, no one would doubt but that such
conspiracy would be punishable By Con-
gressional legislation. II would be a COM
binatiOn to cause that to be done which
the national Constitution declares shall
not be done. COnspiracies which Overawe
a State and force it TO deny the equal pro-
lection Of the laws Is punishable, while
violence by citizen against citizen is
not so. The only doubt here
is whether conspiracy which
acts upon the authorities Of a county IS
deemed one which acts upOn the State it
self The State is looked upon as an indi-
visible political corporation, and present in
its sovereign capacity in the most plenary
sense in every civil department Of its gov
ernment. a conspiracy to prevent the
equal protection Of the laws where they are
in process Of actual execution in any de-
partment Of public justice, is held to be
one to prevent such protection by the State
Itself. Il acts like other corporations, only
through its organs. 1t affords the prOteC-
tion Of its laws only through its courts and
cOnstabulaTy, and a conspiracy 10 prevent
their action in the protection of citizens is
held to be within the laws and constitution.
Observance OF Good Friday.
The Cotton Exchange was closed and
business generally suspended, and the OBJ
servance Of Good Friday more general than
usual. The attendance at the Episcopal
and Catholic churches, on the solemn and
impressive services of the day, were IN
usually large.
The Express Robbers Fearful OF Their
Fate.
Matt Morris, alias Pittsburg Matt, the
last of the quartette engaged in the express
robbery here, the first of February, arrived
here this morning and is now in Jail. As
the four men have already been indicted,
they will ave a speedy trial, and it is gen.
orally believed that Morris and Johnston
will pay the penalty Of their crime upon
the scafold. Johnston, who was at first
bold and defiant, has completely broken
down since learning that his ofiense is pun
ishable with death, and shrieks and yeils
like a mailman.