Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-04-06
second sentence of the second section

second sentence Of the second section
or that a nendment provides:
When the right to vote at any cleo
ton for the choice of electors for Pres
ident and Vice President Of the United
States, or representatives in Congress
> is denied to any of the
male inhabitants of such State, being
twenty-one years of age, and citizens
of the United States, or IN any way
abridged, except for participation in
rebellion or other crime, the basis of
representation therein shall be reduced
IN the proportion which the number of
such male citizens shall bear to the
whole number Of male citizens twenty
five years Of age in such State.
The Attorney Generals argument
evidently surprised some of the JUS
tices, who interrupted him at intervals.
Justice Bradley asked if he would re-
gard as constitutional law passed by
Congress to punish stealing. The At
torney confessed it would be inoper-
ative except where United States prop
erty was stolen. Justice Clifford was
next to trip his logic, as reported in the
Ne,C York Sun:
Mr.. Justice Clifford said that 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 a colored man and the
other white man from voting, would
the Circuit Courts Of the United States
have jurisdiction of both cases?
The Attorney General-They would
in the case Of the black man. 1 don't
contend that they wonld 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 follow. 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 right.
In this the Attorney General eyaded
the very point made by Justice Cliff
ford, namely, that the negro in Maine
always had the right to vote, in virtue
of the State law only, and not in virtue
Of any late amendment, nor of the old
constitution itself, which acted uni
formly in all the States.
In answer to a question from Justice
Strong, Williams thought Congress
would have power to punish conspiracy
to prevent the son Of an Irishman from
voting, on account Of race discrimina-
ton, although it might not come under
the provisions Of the Enforcement act.
Justice Strong then suggested the pos
sibility Of the South Carolina blacks
changing their constitution and dis
franchising all white men, and asked if
the whites would have any remedy in
the Federal Courts. The Attorney
General had no doubt they would, thus
abandoning the position he had taken
IN answer to Justice Clifford that Fed
eral protection Of the right to vote de-
pended on the fact Of that right being
originally conferred by the Federal
Constitution.
The court has the case now on hand,
and it is barely possible that it may
render a decision before. the time Of its
adjournment, on the first Monday In
May. Williams has given the JUS
tees opportunity to evade the main
issue, and doubts are expressed among
Washington lawyers whether a decis-
ion viii be made upon the validity Of
the enforcement act. Some think the
case viii be thrown out on the ground
Of lOosely-drawn indictments.