The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-09-12
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The Enforcement Acts.

The fifteenth amendment provides that
the right of citizens OF the United States to
vote shall not be denied or abridged by the
United States, or by any State, on account
OF race. color, or previous condition OF SER
yitude. The impregnable position OF the
Democrats is that this amendment operates
upon the States md not upon the in-
dividual citizens. The prohibition IL
similar to the one forbidding the States
TO grant letters Of marque and repri-
sal, aud to the one prohibiting the States
from granting titles Of nobility. The
Radicals, however, claim the power under
this amendment to legislate so as to bring
individual persons under the operation OF
Federal laws. That this latter IS not sound
doctrine has been shown again and again,
and notably by Senator THURMAN, OF Ohio.
But there is one view OF the question which
we have never seen presented, and which
seems to us TO- be absolutely conclusive. The
prohibition applies to both the several States
and the United States. And there are but
two constructions OF this prohibition
possible. II, on the one hand, the
amendment authorizes legislation operating
upon individuals, then either the words
"by any State" or the words "by the
United States'' are surplusage. II the
use OF the words ''any State" authorizes
Congress to infllct pains and penalties upon
individual citizens for q violation OF the
amendment, then it authorizes the intlictIon
OF those pains and penalties upon every
inhabitant OF every State; and there are nc
other persons left to be reached by the
words "by the United States" All thu
persons in the Union are reached by the
use OF the words "by any State" The
latter words are exhaustive. Every man
woman, and child is touched.
On the other hand, if it be said that thu
words " by the United States" taken in TIT
connection in which they are used, mean thai
the Government OF the United States shall
not deny or abridse ncgro's right to vote
then it follows beyond dispute that thu
words "by any State" taken in the con
nection III which they are used, mean tina
no State Government shall deny CT abridg
negro's right to vote. This is eXactl.
what the amendment does mean. 1t woult
be impossible for any individual to yiolat
this amendment; and therefore it would b
impossible for any individual to violate an,
act that could constitutionally be passed 10
its enforcement. OF course, then, the &C
now on the statute-books which the Repub
iicans passed for the pretended purpose Q
enforcing the fifteenth amendment, is a
unconstitutional law, or no law at all.
The Federal constitution provides as W
have said that ono State ""s shall grant an
title OF nobility" Congress has power t
enforce this provision. Yet If Congress
were to pass an act to punish the individu;
citizens OF the States for "granting title
OF nobility" the Supreme Court woul
hoot the act out OF court. In fact, Congress
would never think OF passing such m act
1t is not blinded by prejudice on that sui
iect, and so it is in no danger Of commttin
such blundcr. But the fifteenth amend
ment is Il precisely similar provision.
forbds any State from denying n negro
right to vote, Just as in the other case til
same Constitution prohibits any State froI
granting titles OF nobility.
Whenever case shall be fairly presente
to the Supreme Court OF the United State
involving the question herein discussed
that august tribunal will be very apt to dis
miss the enforcement acts to the limbo Q
defunct laws