The daily gazette., 1875-04-02
The Enforcement La,ps.

The tyrannical enforcement laws pass
ed by the last Congress are now before !
the Supreme Court OF the United States |
in Washington.
The special case under which the con- |
stitutionality Of the laws is called in |
question is the United States vs.. Cruik- |
shank and two others who have already |
been convicted of violating the Enforce |
ment Act. The defendants in the or.i- |
nal suit were Cruikshank and ninety six
other white citizens OF Grant Parish,
Louisiana. who were indicted for mur-
der, conspiracy to prevent negroes from
voting, and for other crimes under nu-
merous counts. The question now be-
foro the Supreme Court isis the
Congressional legislation to enforce the
prohibitions of tho last three amend
ments to the Constitution compatible
with that instrument" The counsel of
CrGihal.ehk and his fellows, Messrs.
Reverdy johnson, David Dudley Field,
john "A, Campbell and A. Ii. Mari, OF
Louisiana, claim that it is not.
Mr. Field, in his argument, said:
"The prohibition of the fourteenth
amendment commands Il State not to
deprive any person OF property without
due process Of law. TIE State may de-
prive a person OF his property by due
process of law, but not without it. To
deprive without process is 10 proceed
without law, by arbitrary acts of legis.
lation mlsca]led law. The State can act
only by its corporate officers, and then
only IN pursuance of State legislation
Ii a State Governor dcspoils citizen he
ls simple trespasser, unless there be O
State law to justify him. We will sup
pose, then, State law prohibited 10y
tins amendment, which law authorizes
certain thing to be done; it is the do
ing OF this thing which Congress ma,
nullify.
This complex government was curious
ly contrived to give liberty and safety t.
the people of all the States. 1t wa
fashioned by the people, in the name o
the people and for the people. Its air
was to keep peace among the States an
to manage affairs Of common concern
While 1t left ne States the entire man
aSement OF its own affairs, No man i
his senses could have supposed at tn
formation OF the Constitution, or ca
now suppose, that consolidated gov
ernment, extending over SO much terr
tory and so MANY people, can last q ger
Grafton without the destruction of til
States and OF republican goyernmcr
with them. History is fable and p,
iitical philosophy delusion if any 60,
ernment other than monarchial ca
stretch itself over fifty degrees of long
tude and half as many of latitude, vii
50,O00,000 people, where there are no l.
cal governments capable Of standing |
themselves and resisting all attempts
imperil their self-existence or impa
their authority. The moment it is CO
ceded that Washington may, at its Iii
cretion, regulate all the concerns of Ne
York and California, of Louisiana al
Maine; that the autonomy of the Stat
has no defense stronger than tho sci
denial OF tiuctuatin2 Congressional In
Jerlties; at that moment the Repnbl
CT our fathers will have disnppeare
and Republic in name, but despotis
In TACT, will have taken its place, to ri
way in another generation to n COVER
ment with another name and other q
tributes. Observe how far on that ro,
the maintenance Of the present legisl
tlon will carry us. 1t has already led
Kellogg vs.. Yarmouth. United States ,
Clayton and Harrison vs.. Hadley, a,
these cases are but foretasto Of VIII
we may have hereafter"
"No power has been delegated to t
United States to legislate for the prott
tion OF persons and things within Sta