The Red Cloud chief., 1876-04-20
The United States Supreme Court.
Two Important Decisions

Two Important Decisions.
The United States Supreme Court has
promulgated two decisions involving the
constitutionality of the Enforcement
Act in two cases carried up from Ken
lucky and Louisiana. In the first, which
was the Kentucky case, the charge was
made that inspectors of election refused
to count the votes of certain electors.
! The dec ision holds that the adoption of
| the fifieentl amendment invested citi-
zens of the United States with q new
right, formerly inherent in each State,
but now ordained by Congress. This
right which makes no distinction in
color, q or previous condition of SER
vitude Congress can enforce by sppro-
pirate legislation. Out of this right
sprung the legislation in reference to
the enforcement act, which, in its terms.
the Court de cides to be so defective as
to defeat its intentions. Chief Justice
Waite delivers the opinion that the if
teenth amendment does not give author
ity to impose a penalty for every wrong
full refusal to receive the vote of a quail.
fed cleo tor at State elections. It is
only where the wrongful refusal, at such
an election, is because of race, color or
previous condition of servitude, that
Congress can interfere and provide for
its punishment. If, therefore, the third
and fourth sections of the act are be-
yond that limit they are unauthorized.
The third section does not 50 limit the
offense of the inspectors in expires,
terms. as o unlawful discrimination on
occount of race, and so the indictment
fails. The Chief Justice further saws:
It would certainly be dangerous if the
LEGISLATURE could set a net large enough
to catch all possible offenders and leave
he Court to step inside and say who
~ r~ighttully detained and who
bouA 0old0s
This would to .,+o,
the judicial for the eA.en! substitute
ment Of the Government t'ye depart.
enforce the Legislative will whneee court
tanned. if within constitutional ns.el
of power. Within its legiimste snhers
Congress is supreme, and bevond III
control OF the courts; but if il s,ens
outside of its constitutional lim,tat;"ns
and attempts that which is beyond its
reach, the courts are authorized to. and
when called upon in due course of leoal
proceedings must annul its encroach.
ments upon the reserved power of the
State and the people. To limit this
9 statute in the manner now asked for
would be to make q new law, not 10 on.
force an old one. This is no part of our
duty. We must therefore decide tbat
Congress has not As yet provided nv
appropriate legislation for the punish.
ment of the offense charged in the in
dictment.
The second decision relates to the
Grant Parish, La, cases which came nm
under the Enforcement act OF Nav 2
1871. The indictment was for c~onspir.
acy in preventing the peaceable assem-
blage of citizens, the bearing of arms
unlawful purposes, deprivine the citi. |
zens Of life and liberty without due nro.
cess of law. The verdict of the courtis
that the several rights referred a. in
- re not such rights as have been
gran by law or secured by the Con.
satyhon and laws of the United States.
As to the last named count of tho in
dictment the opinion reads:
"This !s nothing else than alleging 4