The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1875-04-08
The True Dactrine.


parish case of Louisiana. recently argued be-
lore the U. seSuprenle Court, at Washington,
as attracted widespread attention. Attorney |
General Williams presented the whole matter
before the country in mastery indication OF
the law, experimenting in the scope Of his ar
gument the whole theory OF the government as
based upon the Constitution as it now exists
In closing the case he said:
The question really before the court was
whether the courts on which the indictment
was founded i'll this cause were defective. The
parties appearing as defendants in this court
had been tried and convicted. Tho question
was whether these guilty parties should 60 I'M
whipt OF justice. He then argued ut some
length that the counts of the indictment to
which exception has been taken were not inn
perfect, but were valid. In reply to the argu-
ments on the other side, he said that no one
can successfully contend that prior to the adop
ton OF the late amendments there were not
certain rights secured to the citizens mich the
General Government was bound to protect
Thus the original Constitution recognized the
right of the stakeholder to property in his
slaves, and the Supreme. Court had decided that 4
Congress had right to, pass a law to protect
him in those rights. If the time ever comes
when as liberal judicial construction shall be
given to laws designed to protect human free
dom as had always been given to laws design
ed to protect human slavery, then the doctrine
of the government in this case would be adniit-.
ted. The thirteenth amendment made no ref
erence to the States. 1t is not only abolished
slavery, but it secured freedom and all the
rights and privileges which freedom implies
At this point the Attorney General gave piece
of history not heretofore known. He said the
first civil rights bill of 1866 was passed to Sc
cure the rights OF property, &c, considered
guaranteed by the thirteenth amendment. 1t
was drawn up by Judge TRANQUIL, and sup
ported by him and others whoare now classed
as Conservatives. Afterwards doubts were
raised as its constitutienality, and the FOUR
teenth amendment was brought forward for
the express purpose of making it valid, to per-
petuate it, and put it beyond the reach OF con-
troversy. Therefore, the identical words OF
the bill as TO citizenship were put in the four
teenth amendment. To make assurance doub
ly sure, after the ratification of the fourteenth
amendhltnt the civil rights bill was reenacted.
He contended, therefore, that by the thirteenth.
and fourteenth amendments. anil this civil
rights BILL the people of the United States in
tended to secure to the colored man, under the
protection of the. General. Government, the
right to make contracts, to sue, to hold proper
ty, and the various other rights OF citizenship.
On the other side it was contcnded that the
fourteenth amendment was nothing more thar
! an empty formula, and amounts to nothing
nothing but empty and vain words. Even be-
fore the adoption Of the late amendments Con-
gress had the power to protect the right to vote
for presidential electors.
Mr.. Justice Bradley said Suppose Congress
should enact a law making it a felony to steal
the property Of another. Congress has the uil-
doubted right to punish the stealing of the
property OF the Government, or of property in
the service Of the Government; btit beyond
when law is SO framed that one part is con-
stitutional and another unconstitutional. and
| lhe two are SO blended together as to be impos-
] sible to sever, can you hold one part constilu-
tiona and the other part Unconstitutional p
| 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 as
sumed ia the enforcement act to provide pen
alties for interference with voters at congress
| sional elections. the very existence OF the Gov
eminent depends upon these elections. lfCon-
gress has no power to protect the voters, then
| the White League OF Lousiana-a minority OF
| the people-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
these powers. Did the counsel forget the
great civil revulsion through which we had
l passed? The fathers had never exercised these
powers because there was no necessity to eXer-
else them. Just as it was necessary to exer-
else certain powers during the rebellion never
before exercised, SO now it was necessary te
i exercise powers to maintain the results wrought
7 out of that rebellion. The fifteenth amend
ment confers upon the colored people the
right to vote. Unless Congress has the power
to enforce that 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 if two in
i dictments were found OF conspiracy, one to pre-
vent 4 colored man and the other white nal
4 from voting, would the circuit courts Of tin
il United States have jurisdiction Of both cases?
1 The Attorney General: They would in tn
case of the black man. / don't contend tina
they would in the ease of the white man.
Mr.. Justice Clifford: Then, coiored men aw
Y more rights in the United States courts THAI
white men. 5...sl.-..;
The Attorney General That does not follow
The Constitution does not confer upon whit
people the right to,yote, but it does upon col
ored people, and thencethe l,over of Congress
] arises to protect them ill that right. lie dis
claimed asserting that negroes have create
rights than whites; bnt'these amendments too
them from condition OF slavery, guarantee
to them equal rights with the white man, am
undertook to protect them aganst.ail .dlscrlm1
ltatlOu LII NOttlu Aon ttSN ~ ff1ouAAy ehS feh
swer he had made to the question OF Mr.. Jus
tice Clifford and say that an indictment TO
depriving q white man of the right to vote at
. congressional election could be maintained il
the United States Court, but he would not III
sist that it could be maintained il the depriva
ton of the right to vote was at a State cleo
ton.
Mr.. Justice Strong asked if a conspiracy wa
| formed to prevent a man from voting becaus
he was the son of an Irshman, would tn
| United States circuit courts have jurisdiction Q
! that? It would certainly be a race discrimna
ton.
:. The Attorney General said lie had no aoub
that Congress had the power to provide for sue
, a case, but he did not say that it would com
under this act.
Mr.. Justice Strong: Suppose the State o
South Carolina, where the majority of the PEG
pie are colored, should change its Constitution
and say that nc white man should vete: wonl
remedy against that lie in the United State
courts 49, "a.
The Attorney General said he had no aoHb
that it would. His idea in the main OF thes
amendments was that any and every right guar
anteed by them may be protected in. the court
of tine United States Give that construction t.
these amendments and they are OF some value
give then, the other construction, aftd sfhe free
dom youchsafed to the negro becomes practi
cally curse. Any doubt as to the validity o
this act should be resolved in its favor. IL
asked the court to bear in mind that thes'
amendments, and,the Legislation under them