The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-08-23

or age, property, or education. Now
l. not. LII citizens of one race havin
certain quail icalions, are permitted b
aw 10 vote, those Of another, having til
sumo qualifications must be. Previou
10 this amendment there was DO const
tutional guarantee against this discrim
nation Now, there Is. 1t follows tbs
the amendment has invested citizens {
the United States with new cons!itl
tional right, which is within the protec
! ing power oe Congress.
THAT right is exemption from iii;
elimination in the exercise Of the eloc tiv
franchis. on account of race, color, O
| previous condition of servitude Thi
under the express provisions Of the secon(
/ section of the amendment, Congress ma.
enforce by appropriate legislation.
The power OF Congress to legislate a
all upon the subject of voting at Stat
elections rests upon this amendment
The effect OF article 1, section 4, of tn
Constitution, in respect to elections TO
Senators and RepresentatiI es, is nov
under consideration. 1t has not beer
contcnded, nor can it be, that the amend
ment confers authority to impose penal
ties for every wrongful refusal to receiv'
the vote of a qualified elector at Stat'
elections. It is only when the wrongful
refusal at such an election is because o
race, color or previous condition of serv
itude that Congress can interfere anC
provide for its punishment.
The counts enforce the legislative will
when ascertained, if within the constitu
tional grant of power. Within It's legir
innate sphere Congress is supreme ano
beyond the control of the courts, but if i
steps outside of its constitutional limita
tons and attempts that which is beyond
its reach, the courts are authorized to-
and when called upon in due course OIL
legal proceedings, must annul It's en-
croachment upon the reserved power Of
the States and the people.
We must, therefore, decide that Con
gress has not, as yet, provided by appro
pirate legislation for the punishment oil
the offense charged in the indictment,
and that~the circuit court properly sus
tanned the demurrers and gave judgment
for the defendants.
In subordination to the principles thus
laid down by the authority of the tribu
nal of last resort in our country, the un,
dersigned would have been disposed to
confne their investigation to subjects
plainly within the jurisdiction of Con
gress, without infringing upon any of the
reserved rights of the State Of Mississippi,
believing it to be the cardinal feature of
our Institutions that the equality of the
States in the Union must ever be re-
spected, and that any practice which
invades so necessary a principle must
place in jeopardy not only the rights of a
single State, but in their turn, the rights
of all the remaining States and that a
power which is conceded to be applicable
to the overthrow of the autonomy of any
one State is liable to be used for the de-
s.ruction of any other State, and that
there is no safety for any unless the right
of each are guarded.
The condition of the State of Missis-
sippi is to be considered at three periods
Of time.
First In the spring of 1875, before
the commencement of the political can
vass, in which the alleged outrages upon
the rights of citizens under the fifteenth
amendment are said to have occurred.
Second. Its condition during the elec'
ton itself, on the I'd of November, 1915
and,
Third. Its condition as discovered by
the committee at the time of their visiI
in June, 1876.
For a proper understanding of the
entire case we propose to reclte, by the
light of the testimony and supported by
its facts, what we believe to have been
the true condition of Mississippi in the
spring of 1875. At the time of prepar-
ing this report, however, but small part
of the testimony has been printed and,
although we trust to be enabled to insert
the proper references before it is sub
mitted, yet the absence Of the printed
Of our objects, I. E., to mako.no assertions
but to let the witnesses speak for them
selves, and to substantiate every fact by
reference to its basis.
1t has been said by high authority that
it was difficult to draw an indictment
against whole people. Equally diff
cult is it to establish any rules of evil
dence that would sustain so vague an in
dictment. And in the present inquisi-
ton it would become plain to all who
shall read the dispositions and observe
the mode of interrogation employed that
every rule which the experience of man
kind has established as essential for.the
regulation of evidence and the ascertaia
ment OF truth has been disregarded in
the course of this investigation. So that
the great bulk of tie testimony which
has been taken is such as would not be
received in any court of justice in thi:
country to convict the mednest felQn O
the pettiest offepse.
Every rule of evidence followed by
courts in the administration of justice ha;
been entirely disregarded. Every rule
which experience has shown is essentia
for the calculation of truth has beer
thrown aside, and opinion, hearsay, wilC
rumor, anything and oil things which ex
element, prejudice, hate, love, or fea
can suggest. have been poured in wltho1
discrimination or check.
No individual, no community, Gan b
safe against such an order of things.
The usual tests of discrimination be
tween truth and falsehood having bee
abandoned, the result cannot be satisfac
tory to any just mind.
| The argument that the charge is vagt
aud against a whole community onl,
makes the effect worse
When false principle is adopted, til
wider its application the more dangerou
it becomes.
This is observqhle in the examination
from the first witness to the last Adel
bert Ames, the Ex-Governor of MississiE
pi, who was called and examined on th
9th of April, and at page 30, on tn
third day of his examination, in whic
he had made the most wholesale an
| sweeping assertions of facts of violenc
and intimidation, was asked;
@. You have referred to various aci