The New York herald., 1876-02-27
TIE ENFORCEMENT LAW.
Opportunity ior TESTING Us CCnsiituiiOEalii!
in Maryland
cIIIzRSs AND OFFICIALS INDICTED
Why Has the Supreme Court Not Decided
the Issue
ILysm .he palt,mors Sun, Feb, 2Gl


The OF the citizens Of Maryland police oloers,
ludge4 OF election and others recently indicted by the
Grand Jury Of the United states District Court for an
alleged violation Of the enforcement act committed
nt the State election Of November presents op-
porLnny testing the constiiutonaty OF those pro-
Visions Of the under which the indictments have
been found free from al the dicules and embarrass-
tnents which may be supposed TO surround the Grant
parish cases from Louisiana, and which InAy have led
the Supreme Conri TO withhold it's decision in those
rsses for Than year since they argued.
In taking stepf have the State represented in the
trial OF the the District Court here the Legsa-
iure tut discharged simple duty the people OF
Maryland There rs question involved in these
entirely apart from and far transcendng in import.
RDco that Of the guilt OF innocence Of the parties
under Indictment They may be guilty Of all the Of
fences which lard 70 Their charge and II so they
richly merit punishment and are personally entitled 70
no sympathy; but their punishment In such case
should be administered according and meed out
10 them by competent tribunal This is the consttu-
tiona right only Of the most guilty but or every
citizen Of the State and Of the United States, all OF
whom are personally interested in seeing that the bar
Of the constitution and the safeguards OF law are
not thrown down and trarnpled under foot even for
the OF reaching and pnnlshng the worst OF crmi
nals The question which iustifes the Legislature IN
Intervening these and providing for the defence
of the parties ipdcted, IS not the question whether
these parties inilmdaed or maltreated coored voters
the I'd Of November, but whether the offence, con-
ceding have been committed, rs cognlzable IN led
crai court or under federal lrw The indictments have
been found as we stated under the provisions OF
the act Of Congress OF Nav 81 1870 known the EN-
forcement ACT which make II criminal offence Bun
ishabIe by 6no OF not less than $500 Imprisonment
for less than month nor IN ore than one year.
or by both Gne and imprisonment for any person to
prevent hinder control or ntmidate another from
ercsing exercising the right OF suffrage ITO
whom thai right guaranteed by the hteenth amend
ment 10 the constitution" by any OF the means
tLhreats Of violence neludedl enumerated in the act
Another section OF the act imposes the penalty
for hindering, delaying preventing or obstructng
confedeTang with others TO hinder, &C. any citizen
from doing act required 10 be done 10 qualify him
10 vote or from voting at any election IN any State
Territory, district county, city, parish, township
school district municipality or any other territorial
subdivision IL is the constitutonality of these pro
Visions IN their application 10 any offences committed
pretended TO have been committed at State
municipal election that the Legislature OF Maryland de-
have tested. The question has already been be-
the Supreme Court stated. IN the Grant par
ish cases. but that Court has unaccountahy delayed
it's decision II necessary the question
D the District Court here The act in Its title
and in tbe specific language OF the sections have
ouoted purports 10 he passed in aid OF the fifteenth
Tor the purpose OF 'enforcing it's pro-
visions Hence the name by which II Is popularity
known, of the Enforcement act" The fifteenth
amendment is. IN terms AS follows
SEcnoE The right of citizens OF the United States
10 vote shah not be denied abridged by the United
staes, OF by any State account OF race, color
previous condition OF servItude
SIC 2 The ConRess shall have power 10 enforce this
That rs ALL II is simple restriction prohib
sion applying alike TO the general government
and the State governments, similar in terms
10 those contained in other portions OF the con-
Eututon regard 20 granting titles of
mobility passing bills of attainder post iacto laws
Moreover IL IS self executory amendment, requiring
upon its face special legislation enforce IL BY
virtue of the amendment isef all State laws and all
PROVISIONS of State constitutions restricting right
of suffrage 10 white persons denying that right
class ION account OF race color or previous condi
tioD OF servtude'' became ipso iacto null and void
"
State officer under color OF State law the
rreyed person had from that moment the same right
appeal State courts, the perfect remedy
law which previously existed in the Of white
persons whose right TO vote might be denied or inter-
serod With The farthest that Congress could 20,
der the second section Of the amendment 10
by appropriate legislation the night OF all qualified
dorvedfrom the federal constitution itself
Abe OF elections for representatives in Congress
electors for President and Vice President OF the
United States then Congress may properly intervene
20 guard the purity and freedom OF those elecuona
This might do independently OF the Fifteenth amend
lnent When, however, under color OF that amend
ment Congress undertakes 10 convert offences which
such under the State law, and properly cognzable
IN the State courts into offences against the United
Htates and cognzable in the Federal courts steps
outside OF the limits Of The constitution ana OF the
amendment itself There law OF Maryland de-
Hyng abridging the right OF any citizen TO ION
Of race color previous condition of sorv-
fude and II there were II would be null and void. SO
far AS Maryland Is concerned the amendment is COM
pled with Is executed and has spent its force The
right 70 vote for Governor or Attorney General men,
her Of the State Legislature is not derived from Con-
Eress from the Federal constitution, from the
hfteenth amendment Il is gwen by the Stale con-
sti,ut,On which declares whai state officers shall be
elective and when elected and what are the necessary
qualifications OF voters The State may require
property qualification or impose educational test
restricting the right 10 vote 10 PERSONS who read
and write VINO pay poll tar a certain kind or
amount Of propsrsy The Stale may abolish the right
ofvoting for any particular ofbcer altogether by pro-
vding different mode Of filing the Office abolishing
Abe ofce itself All these powers the State exercises
without let hndrance right OF interference on the
part OF Congress- subject the negative requirement
simply that she shall mot deny abridge by any law
1he right Of any person otherwise qualified according
State Law TO vote account Of race, color" &c
Every violation OF the right OF suffrage Interference
with i exercise is by the law OF Maryland equally
eeDos apd punishable as such. whether the offender
or the person offended against be white black Mary
land law makes no discrimination. But II Is taid the
Bate authorities have failed in their duty
In regard to the occurrences Of the elee-
sSs a tonss.. upnSd nor con ae
ser Jurisdiction upon the courts OF the United States
indctng the petit jury may acquit when ought
10 convict the judge may be TOO lenent IN passing
sentence and the Governor may defeate justice alto
ssAss Sy an abuse Of the PardSpSng n ,Sg Yet
Ter The hxed barriers OF the constitution enlarge
the powers OF Congress or OF the federal courts All
Of these were urged In argument by tho
able lawyers in both Houses OF Congress- who, upon
constitutional grounds, opposed the passage OF the zen
Sorcement Act' Of May, 1870 They have had learned
judges sitting in federal courts 70 these par
SECULAR provisions OF the act imperative and void We
had hoped long before this time 10 have had author
ttatve decision from the Supreme Court 70 the same
eneci IL is duty which the State OF Maryland
20 itself and 70 all its citizens without distinction OF
-raca color or previous condition., 10 that the
constitutional question now raised In the district
court here shall be fairly met funny presented ably
gued and necessary, carried upon appeal TO the SUI
preme Court again-M IN the meantime that tribunal
sba not have laid the question at rest BY its decision