The New York herald., 1875-04-03
WASHINGTON.
GENERAL WASHINGTON DESPATCH.

THE RIGHTS OF WHITE AND BLACK CITIZENS
UNDER THE ENFORCEMENT AcT-THE QUEs-
TIoN OF THE JURISDICTION OF UNITED STATES
COURTS IN MATTERS CONCERNING STATE ELEc-
TIoNA
During the argument yesterday before the Su-
preme Court, in the Grant Parish case, involving
the constituhonality OF the Enforcement act
Attorney General Williams contended that by the
thirteenth and fourteenth amendments and the
Civil Rights bill the people OF the United States In
tended TO secure TO the coored man under the
protection OF the general government the right 10
make contracts, to sue, TO hold property and the
various other rights or citizenship. On the other
side 1t was contended that the fourteenth
amendment was nothing more than an empty
formula and amounts to notnIng-nothing but
empty and vain words. Even before the adoption
OF the late amendments Congress mad the power
to protect the right TO vote for Presidential
electors.
Mr.. Justice Bradley said suppose Congress
should enact law making 1t a felony 10 steal the
property OF another. Congress has the undoubted
right to punish the stealing OF the property OF the
government, or OF property IN the service OF the
government; but beyond that the law would be
unconstitutional. Now, when law Is so framed
that one part is constitutional and the other un-
constitutional, and the two are so blended as to
sttutlonal and the other part unconstitutional?
The Attorney General replied that the law could
pe enforced as to those offences which 1t is ad-
mitted are within the legitimate power OF Con-
Rress to provide for. AS to the power assumed
in the Enforcement act TO provide penalties Tor
interference with voters at Congressional eec-
tions, the very existence OF the government de-
pends on these elections. II Congress has no
power to protect the voters, then tue White
League OF Louislana-a minority OF the people
can stand around the polls and prevent the major
Ity from voting. Tne fifteenth amendment confers
upon the coiored people the right TO vote, and un-
less Congress has the power to enforce that guar
antee It Is or no value whatever.
Mr. Justice clifford said that IN his State
(Maine) the colored man always had the right 10
vote. lie would ask the Attorney General
whether II two indictments were found OF con-
spracy-one TO prevent a colored man and the
other to prevent white man from votng-would
the Circuit Courts OF the United States have uris
diction OF both casesp
The Attorney General disclaimed asserting that
negroes have greater rights than whites, but
these amendments took the negroes from con-
dttion OF slavery, guaranteed them equal rights
with the white man and undertook 10 protect
them against all determinations. An Indictment
Tor deprlvlng a white man oil the right TO vote at
a Congressional electlon could be maintained in
the United States courts but he could not insist
that it could be maintained II the deprivation OF
the right to vote WAS at State election.
Mr.. Justice Strong asked II conspiracy was
formed to prevent a man from voting because ne
was the son OF an Irishman, would the United
States Circuit Court have jurisdiction OF that 7
1t would certainly DE race discrimination.
The Attorney General said he had doubt
that Congress had the power to provide or such
der this act.
Mr.. Justice strong-suppose the State OF South
Carolina, where the majority OF the people are
colored, should change It's constitution and say
that no white man should vote, would remedy
against thai lie In the United States courts 7
the Attorney General said he had no doubt
that il would HIS idea in the main OF these
amendments was that any and every right guar
anteed by them may be protected in the courts OF
the United States.
THE NATIONAL CEMETERrEs-EREcTIoN OF
HEADsToNEs OVER THE GRAVES
Colonel o. A. Mack, in charge OF the national
cemeteries. VIII leave here next week to inspect
the new headstones recently erected in the
national cemeteries New orleans, Baton
Rouge Natchez, vicksburg, Brownsville and Port
Hudson. The contractors for the new headstones
are pushing forward as rapidly as possible, and IL
~ expected lnab tue WHOle WOTk Will DC com
pleted by the lst OF November next. In the Gem
etery at New orleans about $4,000 have been
put up. at Ba.on Rouge 1900, at Natchez
5000, at vicksburg 6,oOO at Brownsville 2,eoO
and at Port Hudson, g. 100. There are about 5000
more to be erected at vicksburg, but all Will be in
place within the next month or six weeks the
whole number OF heaostones for all the Nauona
Cemeteries will be about 2550oO, or which 100000
are for The graves OF the unknown. They are all
TO be OF marble, with The exception OF those In the
National Cemetery OF Fredericksburg Va, which
Will be OF granite.
The appropriation for the ordinary care and re-
pair OF the national cemeteries, made at the last
session OF Congress. was sl5o,OOo a portion or
this will be expended in suitably enclosing
those cemeteries now surrounded by wooden
fences. Proposals for the erection OF brick and
stone walls around the cemeteries at Glendale and
Seven Pines Va, have already been invited and
that work will be completed TINS summer.