The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-09-24

eise OF the riSnt Of suffrage. All That
general protection OF the voter IL the ex-
clusively and entirely to the police powers Of
the Stites; and II the United states have any
power Whatever to punish or to reetr in the
wrongful acts Of individuals toward other lnoi-
yduals, which Interfere with the exercise
oil tne ,n r,3n motive of those acts was the
race or color of the person VINO IL
injured or moes,ed. 1t Is enceedinaly doubt
Amendment unless the person doing the wrong
was m some way 40 inc ss an agent Of the state
to carry out an Improper and iroliOited state
discrimination on account OF race or color. hut
as do not wi-h to enter upOn disputed aud un-
settled questions, | con1ne nv statement to
this pt oDusition: Tnat unless the wrongful act
whiCn hHs prevented hindered, or threa ems
to prevent or hinder, n voter from the exercise
OF his lawful right Of suffrage. WIS an act done
account Of his beng Of a certain race or
color, the United st ties have no authority to
punish or TO prevent II. hut the punisnment or
prevention belongs exclusively to the state au-
thorities. 1t follows from this that II persons
combine to prevent negroes from votiuR az all
because they are negroes, the United states
Government may have right to Interfere; Tut
permitting negroes to vote II they viii vote as
| those persons wish them to, combine to prevent
them by sny violence or unlawful means from
handed breach OF the pc ce OF the state, gross
VII ton I right held under the state; but
the United States have nothing 70 DO WIN II.
Wnit lave now stated to you In req I'd TO
the ne / VI the Fifteenth Amendment was de-
| cided ny the Supreme Court OF the united
| States last March, In cases that were, or ought
to nave been. as well known to the Attorney
| General A. they are to me and all other lawyers
| or laNmen who have read them. The Attorney
General ought to nave known-l must pres lme
be did Know that the Court held the sections
| OF the so-called Enforcement acts, which under
| took to punish or prevent general acts OF OBJ
structlou Or hiIdrance Of the right Of suffrage,
| without any discrimination to the motive or
purpose, to be unconstitu ioual and void. Inc
| Cour' declared and decided, In reference TO the
provisions of the United states set Of May 81,
| 1870, winch Ia broad and gener / terms under
took TO punish all wrongful acts against the
right Of suffrage. without DETERMINATION rs to
tue motive 81 the acts, that Congress had exceed
Ell lts y wen aud that It had not, as yet, pro-
Vidcd ~ appr pirate ierisl ton for the punish
| ment of the only offence when 1t can punish,
/ namely, the obstruction or hindrancs OF "A voter
/ on account Of his race or color. This decision
/ nullihcs the sane provisions which have been
/ inc fporAted IRON the act ~ 1870 mo tue he-
vsel statutes OF the United States. ruri are
been enacted ~ death can be preuicdted OF That
wnich never had any vitality.
You all remember what commotion this
decisiob made among the X public us Ia Con-
eress wnen II was announced You remember
the uenunCiatiOns OF the Court aud tue frantic
efforts that were made to produce "a bill tnIt
would get round the decision. But no new oil
has been passed: and the legislation Of the
United States stands this day under the
Fifteenth Amendment. without single yalId
Law under winch the principal ob1ec. and lu-
structions of this circular can ne Justified.
To substantate this assertion. anu to sepl-
rate what the United states may POSSIBLY do
from what they cannot possibly q 10, and to show
tue usurpations " the circular, must now go
back to tue enactment Of tue law OF 1870 aud its
registration " It's own for elections Il members
of Cungress,undertnOk to station Fedora, officers
| 10 watch and supervise the making uf the regls-
trat'on lists, 10 punish with aduitlon.i PENAL
ties offences In rcgi-tr,ti already punishable
severely under the state laws. ana to make ar
rests on tue SPOT for attempts 60 violate the
State laws. The Constitutional power OF Com
gTess thus to interfere with the execution Of
stat, laws was resisted ard tested neie IN the
FEEDER Court, M the autumn VI ISL, la tue case
OF man VINO was indicted under TIE United
states iw OF 1871 Tor TIE orence OF registering
IN twv places under the State law wnicn pro
vided a registration for TINS city Judge Wood
run, on The next morning after the Arguments
were closed. delivered an oral opinion, holding
the act Of CONGRESS to he constitutional, not
withstandiug the objections that h.d been
urged against IL on account Of ITS Interference
with tie state registry. Judge Biatchford con-
CURED In tue decision. ani pens AIDED that IL
the Court had taken more time to examine the
whole subject. aud to write out their cOnclu-
sions, they would no; have reached the result AT
which they arrived. But they thought thaI fur
Their consideration beyond u single nieht WAS
unnecessary; aud, In order to give the law im-
medi tie operation upon the tnen pending cleo
tioD, which was only few days on, they pro-
nounesd Judgment at once, 1 do nos inpLts
Thought 1t was unfortunate for the interests Of
sound cons tituslonal Jaw tnas they did not take
more tine for The exainin .tion OF the sui iect.
me qIe,tiou could not De carried to the : -
preuie Courl 81 the United States. ecauso the
Judges OF tue circuit Court agreed ia opinion |;
anl turre "As 10 houe III tI'Mlhel Sc ia
which question Of Jaw could be carried IRON
a Circuit q l1rt 10 the supreme Court unless the
Judges differed ia opinion, ana c.ri ed tnat
they 50 differed. Inc COustitutl tuA validity OF
the Act 81 lStu therefore skAills upon - single
decisl0u Of tuS two Judges OF this circuit aud,
50 f.r as TINS eau make law Tor the wnOis
Of Tue United States. ! am willing that
the ATTORNEY q enetal should ngve the beneat
Of Il. Although am nrinlS CONVINCED that the
decision Of our Circ4l. OOurt was wrong, l con-
Ce4e tudt the act " 1870, ia s fir "a Il author
lies the appointment ol Federal officers To at
tend and perform ertAin dates at tie places u
repatriation ana .tiug, wueir tuDors Of C.il-
gres, are To be CHOSEN, IA order to prevent
fraudulent voting or r Sisl erlng is u be TAKEN
at present 10 DO a valid Law, no lwitnsttnuinx
els tlil IL "A l.
siyely unler state laws. Bat THIS cOncessi ON
Will not by any means 1lsify or begin T., i1,-
thy. the AttoTi ey-Geneial'- circular, 10 when
nov tufn. have nefOTe ne an Oilcii copy
Of H. with the laws appended wnich tue
body ~ the circular authorizes and in~tructs
tue VI Isn Is To enforce. Lear in uind, wnIie |
anaiNze ~. tuat Tue rent Of voting whe.h,r Tor
state OF Federal unces, Is "a risht derived wholly
from the state; tuht the r. II -trattuu ana tfe
Young t.Ge place xcldsivey under state avs;
aud thdt tue United STATES have nO cuustItu-
u'hh duly 10 perform, AID no constitution i
power T. eN reese, IN me protection II the right
OF sui .age, excepting to prevent any voter
Ilo q nelaS mo'rsL-d Ia tue eAer OF Is !l.ut
Of s.ui 20 Oh suut VI has race or color.
Inc nrst Ing hat notice IN the circular f.,
the stateurnL mat in the present condition
Of Lo4lsi tiOa, tue United states occupy u posi-
uou toward voters and 'Oting wnIcn Y res
ACCORDING IS ths elvcu - y Tor STATE ana oth =
loo officers only. or for niemGers # Congress"
rus - eAtremeb inaeeufatei aud the c.i,red
] Drutle nave ~ 70 son To he thankful To the
Attorney. General fr his blund-r Under no
CONDITION OF legislation, rghfuny interpreted
by uonsttutioual provisions, q ~ INC Cmted
States occupy toward voting and voters any
protecting .o-ition but that one whtcn Is the
same at al etectiuns. If State were To pass a
law excluding col red men, OtheTM ise qI.llned,
frltu n ga state elections, tue tllted Sta Is
would have just tns same authority 10 counter
act " nLiittl that law, that Inc would nave n
! IL prouiDtvd COlJied men from voting Tor mem
beers uf Long.,ss or fTesiden ial electors. IL is
not tne officer VINO IS to DE voted tor nut IL Is
The kind and purpose OF tue discrimination
az inst tho voter that gives ths Uulted states
ali the authority theV have - become urotec-
tors ~ the Tignt II suffrage. Bat lhi, swee ping
anu Inaccurate statement was introduced MO
tue circular 10 prepare for tho stli more ex-
tTaVag ~ atLtrneuts thai lminsdi tely follow
H. but before 1 aadlyze these tuTtbtr state
msut-, lei uir repeat the uistnctlon nave now
made. he law wnicn stations Federal officers
at tus places OF re-. istration aud voting seeks o
DreYen fraudulent registration NJ fraudulent
voting. Tue laws winch the Aforementioned
now sera, 10 enforce ~ armed power are laws
aimed 10 punisn or prevent the acts OF indiyiI-
uHls men Obstruct the exercise Dy Other lndi-
yliu Ids Il tue Iilnt u suffrage. ] hesr latter
laws have been declared Dy Inc Supreme Court
10 b" unconstitutional, because they do not ex-
tenn u the voter the specidc and oniy pro tec-
ton which Inc United states are authorized 10
give nini.
IL 10 due TO the Supreme Court Of the Unite
staio-, whose authority Is treated by the Exrcu-
i've " ith 80 mach unttmpt IN at tue executive
phuer am non * ,lnining does not even nOtice
Al NNHaHI