The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-09-12

Extending that care alike to the rccistra-
ton lists, the act of voting, and the pers onal
freedom aud cecuriy of the voter at all
times. ~ well against violence ON account
| OF any vote that he may intend To give a'
against conspiracy because OF any that ne
may already have given" This is what
| the Attorney q eneral calls the peace OF
| the United states in the matter OF voting,
which the Marshas are to secure by arrest
ing any ono who breaks that peace"
But the Supreme Court has decided that
all that tho fifteenth amendment of the
Constitution has done Ia that 1t has in
vested the citizens Of the United States
with new constitutional right, which Is
exemption from discrimination in the ex-
ercise of the elective franchise on account
of race, color, or previous condition of
servitude. From this it appears that tho
right of suffrage is not n necessary attri-
butte OF national citizenship, but that ex-
emption from determination on account
of race, &C., is. The right to vote in the
States comes from the States; but the
right OF exemption from the prohibited
discrimination comes from the United
states. The first has not been granted or
secured by the Constitution OF the United
States, but the last has BEEN These are
the very words OF the Chief Justice; and
there can consequently DO no peace of
the United States" which can be broken
by whatever IN general hnders or pre-
vents from q free exercise of the elective
| franchise" 1t il only, rs the Court has
expressly declared. when the obstruction
or hindrance is on account of color or race
that any offence against the United states
is or can be committed.
II is, therefore, dangerously, and we
are compelled to suspect purposcly,
loose and inaccurate, for the Attorney
General TO instruct tho Marshals that
they are empowered to prevent what
ever in general binders or prevents
from free exercise of the elective frau
chise.' In his whole circular, from begin
uing to end-we speak from au official
copy of the instrumeut-there Is not one
word that directs tho attention of the
Marshals TO the only offence that can be
an offence against the United States,
namely, obstruction or hindrancc of q
voter on account OF race or color.
This fragrant disregard of the decision
of the Supreme Court Is a great Official
outrage; for this circular has gone forth
from the office OF the Adjutaut-General
throughout all the Southern States, backed
by the General Of the Army in orders TO
the troops OF the United states to put
themselves al the disposal of the Mlrshals,
without any Limitation being gwen by tho
i a g.
clear distinctions lad down by the SUI
preme Court in regard to the powers of
the United states. From those distinc-
tions 1t follows inevitably that all those
parts OF the so-called Enforcement acts
which undertake to punish general acts of
obstruction or hindrance Of voter, on the
assumption that the right of voting 10
guaranteed by the Fifteenth Amendment,
are unconstitutional. In fact, the Supreme
| Court has expressly so declared.
But the Attorney-GeneraI, suppressing
all this information. has the effrontery TO
say that he has considered" the late de-
cisons Of the supreme Court, and that
they do not affect Federal electionsl"
! What IN the name OF common sense do they
affectl They were pronounced in cases
/ which made il necessary for tho court to
! decide that the United states has no power
over the matter OF voting, excepting to
protect the voter from discrimination on
account OF his race or color; that all else,
all that "in general binders or prevents
the voter from free exercise of the cleo
tive franchise" belongs TO the pol &c
powers of the States Yet the Attorney
I General nsiructs his Marshals that they
! have lawful power over the whole of
this general topic;" he appends 10 his
! circular, without one word of caution. the
very laws " hich the supreme Court have
! pronounced unconstitutional, and the
army OF the United States is ordered to
act under and carry out the circular
He tells the Marshals that they will find
"appeudCd, in full or by reference, such
statutory provisions rs II seems important
that YOU and your deputies shall read and
considers" and among them, printed in
/ full, are laws which the supreme Court
! has pronounced unconstitutional
! This is a most serious busne IL Con-
! gress were in session the Attorney-Gencral
could be impeached. But Congress Is not
/ in session, and cannot be until next De-
cemDer This matter must therefore be
thoroughly Investigated by the press and
the people.
The Great Genealogical Puzzle.