The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-04-02

r,rr cE,>T PARISH (tA.l CASE.
,..,.,,>orox March 3t.-Thc Supreme
,,,. rrtrD;et 10 dav III the hearing OF
...o,> in the celebrated Grant Parish
.,,,yir., the car,ti'utinnality OF the
,.rr,cn, ac' If May 81. 1870. Solicitor
..,.i Phillips addressed toe court IN be-
~, llc Government. and McssrS. Ii. u.
y.--.,r Loni,isns and David Dudley Field,
xs,y York. IN behalf OF defendants. The
..,,.,rot oC Nr. Phillips was Of legal and
a.,,~,' n4t.l.e entirely, confcndiD@ that
t-,;.ci ~,4tr> Congress had the power 10
r,Y. - r.,o:rc the provisions of The
f,.,n,,.iara. amendments, ana that the ~
>.,..,,.r, ~ the Grsul Parish case was legal
,,r....,l,r. and not affective, As claimed IN
f,,,,r court. Mr.. Mari and Mr.. Field
,tt.4 very much "a The interest Of their ar
,...rarrt, by considering also the
ro,l7,rH QUESTIONS INVOLVED.
N~ Mari in>'anccd the fact that all the
so.-,rjq.rnt> - the Constitution from The Isl
~ ,.,. l!tu had octn intended TO prohioit The
t.rrI Government from the exercise OF
.s3n powers. The 18Th, lith, ana 10Th
.,,iaI,uI> oriv restricted the states from
o,.-r,>ju. certain powers The Tl@u}S OF Inc
L....-r,ina.url u before. with the exception
T., ,4r restrictions contained in these amend
INNS. The amendments were !cycIIcd not
q.~.a>, individuals, tat against the States.
,,..rc>>. under mem, had 30 power to en-
.....ur a;;,mp, 10 rntore punitive measures
a....., individuals in L state. He said TO
.onn ;A4; T." continuance Of the State
.....-.rucu:> ana the liberties OF the people
v..u. Il stake in their decision.
81. Fields ag@umcn: WAS eloquent and
! - j. t,i,l I, ana
;.,y..yc OF the Lit" amendments were 20
EA!>E THE FREEDMEN
t,4n ,1lalj;y with the whites. When the
VIZ wa, over aud il, results made plain
t..f, Wet, tWo coI!rscS open. Que was 10
=. NJ. blacks especially under the protection
.r..- Federal Government; and the other
,,.,,l.CpuT>, " hicG was adopted-to declare
t...r lA.. :. ,.v>. IN tbcir und0ubtcd power 10
,...!'a,r IL u"ua !ilir>. should not do certain
t.,gt>. Tuc amendments all conceded the
0.iary power q; the states in certain mat
t., which hal always p&rtained 10 them. II
j. ~, otherwise, Il The View OF The other
60. Was 70 prclaii, then the whole do.
.aA4 Of
PERSONAL AND POLITICAL RIGHTS
~. transferred 10 the Federal Government.
=. a.. amendments gave Congress the power
t,rirry ont their provisions Dy appropriate
LEGISLATION. Appropriate" is word Of
limitation. and The legislation enacted must
llat j.' ot nature prohibited by other por-
t,r,> Of The Cnu>,rution--p prohibited either
T. .5tiy,Iy or - application. In this conuec-
;.Y Ayrrtrrftd - the decision Of the Su.
r. M Iuurt uuEilylpg the act Of Congress
;aN.n- the salaries OF state Judges. which the
,.,lrt h,M 20 b" implicitly unconstitutional
The uij.rt q; the Constitution is not 10 build
AVA -t,at Central Government at Washing
~ 'H: - preserve the rights Of AL the
ln,ubrr> OF tba. Government. He also
....,rt,d 10 the fact Of al! the earlier amend
urut> - L." Constitution being IN.
tended TO prevent the Entertainments
U IT," Federal power on the rights
q the States. The natural language
g. the late amendments does not justify
.Hy sucn h-!>it.Ivn a the enforce
lH.at act. H. maintained that the plain
inference, i that The states must DO some act
~ aJrGcc tn" rights aud immuntics guaran-
ted by the amendments before Congress can
undertake 10 enact any legislation. The Con-
St!'tition said 10 safe should pass IN e.r post
jrto law or Il bill Of altIindcr. Here were
T. libitionS IL the powers OF the States, just
g. ia the late amendments. but Congress had
G.lr- dreamed Of undertaken" to enact lcgls-
!a.uu on those subjects. This wa, TOO plain
f. Ice answered. And inaction by State is
10 ground for congressional action. Penn
syi'IUi1 and Massachusetts had for long
time no courts 0: equity. Would any one
uo!'rt1he TO say that Congress could have
IatYdcd court 81 equity for those States !:
Z 81" whole duty OF Congress under these
amendments is 10 provide for enforcing the
of luty. in l.,Ct,,,;nr ~
i.y.u 10 stop the execution OF such laws.
THE EESTrCKY CASE.
I.>,icc Miller asked Mr.. Field if his aruu-
G.-u, Was correct. if Congress had no right
l. JAS any affirmative legislation, what rcu-
O., would have accrued to the Kentucky
l"-:nr> whose casts We're recently before the
t.G.i.
FIR. Field >ail he did not know the case.
"r. Justice Bradley explained that the ne
-...g> iIJu been deprived oil the right TO vote
l. hst The NEGLECT or refusal Of the State
u.1.-!, 20 ,Ikr from til III the poll-taX which
thy had rendered. and the negroes bad
"-hl their remedy Under the enforcement
.H.
}Ir. Justice Miller said ,j.r State hqa passed
Ga Grw druyiu" thu right 10 these men. and
H.. rciorc, under the view Of Mr.. Field. they
Mr.. Field said thy mad the same remedy
i, white mcn--:tr! could enter their silt in
liz. ~.l., courts for dam igcs ifa said also
tt&. If light hundred thousand voters could
H. -ccu.c the rights 20 which they had been
(, l.rcd ,AtitIyd then that is the best argyll
l. Do, that ihcy are no; worthy of them. II
(. rrIr', lie -.tid. aJjud,ed this enforcement
.@. ID hrappropriate legislation. then there
= "gi 20 the legislation which Congress
;. ..Nsmi.t. Perhaps -uch States rs New
l., OHIO. and PcuLsy lY4nia need not be
.s,1aud by this. bu; there were many OF the
-!IL.rc states which would be crushed be-
tween T." upper and Gc!her milestone. II
- assert this
POWER IN CONGRESS,
IT,. he >.alcs hold all the rights, the lives
raj ..bcr;icS, Of their citizens at the viii Of
L.n.Ualiry Impurities IN Congress. He
"suid d-'pIir OF his country if such a doc
thine wa, to prevail. No man in his senses
cat: believe that any other than monarchcal
government c,a exist in a territory Of the
event of ours if loc,s! svlt.governmont is to
t- destroyed. The moment that it i, deci.
&c! iha, the States have 20 rights except
su:h - are 81 slect 70 the will Of fuctualing
Mni0rillc> in Congress, then this court may
cN'Icl>c It's functions for Il few years longer.
:G; Il will in short time give way TO the
T." order OF Things.
H.. knew tina, j. was not likely that any
!.'.e laws Of this character would De made
- III, generation, but these
-'"> WHICH ARE now on TIE srATUrE-BooKs
MUST BG CONSTRUED.
Il" concluded with glowing appeal to the
court TO 50 decide that the rights of the
STATES "ouId be pronounced just as they were
when the oldest member of the court took