The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-04-03
FROM WASHINGTON.

,.,,,ial D,spatch 10 the baltimore SUM-
r,r,rccmcut.ActT cst-CaSe--ClOse
-, the Argument In the supreme
Remarks orReverdy Johnson
aud Attorney -Genesal Wiliians-ahe
r,,er. Of Congress and Rights OF
C1uncn>. &c.
c,osK or TIRE GRANT.rARISH CASE.
u.>urxcrox. April 1.-The interesting
,,.n,s in the Grant.parish case were
~ 't,,dct ~ day in the Supreme Court by
Wv, ~. Rsvnrd, Johnson in behalf Of the de-
-"'' .,,,sa ard Attorney. General Williams for
:, r,vrrnmcnt. Both Mr.. johnson and
-. n,,iA uudlcy Field appeared IN The case
...i,,,,crr>. The questions involved are
,.,an-,d @ the mot important that baVe
,.,nr ben p, fore the supreme court. lhe
ar.Iprnfs today drew 10 the courtroom
,n~,rrly of legal talent not often seen 'hele.
,,,,a,,, t,o>e who gave attention were sen
-,',. Iorkjinr, FrrtiDghuy>cn. and Bout
,,,,j-aIl of v HON took prominent part III
49,, ,,l>.Yra 81 The am, ndmen.s ana Tue les's-
L,,,on rnsc,ci under them.
", Johnson discussed the meaning OF the
l,,, ,hrfc amendments 10 the Soh>'l'u'iou'
I..,4r,ocrib amendment. he held. was no.
-. ,,,o,. ,,un a removal OF the oD>truc-
49, ., -n,. exercise of tie divine ri5ht OF
,-sodnn, l. waS not 10 give the black man
'.>,, rri,iIrrrs not belonging TO the white
r.,u t,ui - place them both on an cquai
I,n,,r-. Afttrthc passage OF the thirteenth
.,,-...rnaut there were still doubts as 10 the
lU,rt man being q citizen. A majority OF
~. rtnrt bad decided in tue bred Scott
,,,. tia, men of African descent we're MOI
and could not be citizens OF the United
STATES. This decision, which created great
,yni,,mrnt throughout the United States,
,r,s Objected to by large portion Of the
pcorle O, TAG country. This matter was hot
.r,tird by the thirteenth amendment, aud
therefore the fourteenth amendment was
aI0ptcd. This amendment declared. hrst,
who are citizens and second, what are the
ri,LIs of citizens. The second clause of the
amendment secured certain rights to the clli-
zrn<. but did not confer upon any citizen,
white or black, toe franchise.
There are not only no words in that
surpdm, nj which can lie tortured into any
.urh meaning Is this, but there are words in
II which negative any such construction.
rli. j, proved by the clause which reduces
the reurc,rnlation of any State In Congress
II the proportion in which it restricts the
franchise ibis clause held out an induce.
,n,ut 10 the states TO confer the franchise !;
b,u that va. all. Then came the fifteenth
amendment, which was designed 10 correct
The wrong of the black man not having the
franchise. The black men were citizens by
,uc thirteenth aud fourteenth amendments.
l1,l the right OF franchise was not secured
Ia them I'LL the adoption Of the fifteenth
amen iment. The fifteenth ameDdment was
d.,l.ned merely to provide that there should
.r 10 distinction in the franchise be-
iw,ru the white and the black mau. In
,hi. cause The doctrine advanced by the
l,ay.yuurnt is that these amendments have
ii.,.;r q very material distinction be-
tween the privileges of The black aud the
wu|;.. man, and that the former have much
more than the latter. This was a most tx
tr,nrdinaiy doctiue. and he submitted that
+, woilI not bear tue hight Of mature eXil
nation. In the adoption of these amend
,nrut> il VA absurd 10 contend that the poo-
ll,. Of the United States intended TO elevate
inc black man above the white man. 1t is
,1,jmpd that under these amendments Con-
.r.,S i clothed with the power to pass any
law which in lis Judgment may be necessary
~ nrotcct the rights guaranteed to The
col red man. Where does this lead Us:
What hcromeS Of that large mass Of rights
which. from the very nature OF our govern
iDrnf. must belong TO the States, If the as
SUMPTION i 10 prevail that the States DO moi
do their duty, It i best TO d" away with the
STATE, altogether. Such legislation sweeps
aWAy ali that mass Of rights which Is cX-
;,rr,>iy reserved TO the states.
W!nle it is the duty Of this court to pro-
t.ct Al! the authority which inheres i'll the
United States, II is is equal duty TO protect
those RIGHTS Of the States which have not
been delegated to the United States. IT the
doctrines now brought forward on the side
OF the Government had been enunciated In
the earlier days this Union would have had
uu, 4 brief and sickly existence. The States
ani tlc General Government must exist TO-
-ctucf they cannot exist apart. II Is your
Guty to tuc COURT to maintain. This TIL.
u,in4I i tue keystone of the arch upon
~h.cIi rc>ls all our institutions, State and
t".-Ta.
Tue ATToR>EY GENERALS ARGUMENT.
Attorney. General Williams closed the
case. He sad ;he question really before the
court was whether the counts on which the
.,ti.tment was founded in this cause were
detective The parties appearing rs defend
..i.,~ in this court had been tried and con-
yl.rrd. The question WAS whether these
-nl.liv parties should so unwhipt OF justice.
He then argued at some length that the
counts Of the Indictment to which exception
tA> hctn taken were not imperfect, but were
valid. In reply to the arguments on the
other side he said that no one can success.
lUHy contend that prior 10 the adoption OF
the late amendments there were not certain
r-!t> secured to the citizens which the Cen
cr.l Government was bound 10 pr0tect.
Thus the original Constitution recOgu'zedtE
right Of The STAKEHOLDER to property in his
slaves and the Supreme Court had decided
that Congress had the right to pass law TO
project him in those rights. 1.-THE time ever
comes when us liberal a judicial construc.
ton ,Aill be given 10 laws designed to pro-
lrct auman freedom as had always been given
10 l4"s designed TO protect human slavery.
then the doctrine Of the Government in this
ta>c would be admitted. The thirteenth
amendment made no reference TO the States.
/; not only abolished slavery, but 1t secured
freedom aud 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 secure the
nights OF property, DC, considered guaraD-
t"rd by the thirteenth amendment. 1t was
drawn up by Judge Trumbull, and support
,d hy him aud others who are now classed
~ conservatives. Afterwards doubts were
raised "a 10 its coustitutionality, and the
fourteenth amendment was brought forward
lyr the express purpose of making it valid,
10 lerpc,uate ii, and put it beyond the
loach oi controversy. Therefore, tine
"euiicai words of the bill az to citizenship
were put 10 The fourteenth amendment. To
make assurance doubly sure, after the ratit-
r1ton Of the fourteenth amendment the
c'li-rishts bill was reenacted. He contend.
Cd therefore thar hy the thiri panth and four.