The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-03-30

Taa Washington Republican gives eddi-
,ioDal evidence in The following article that it
i,uueh better posted RS TO the nature Of TIE
recent decisions OF the Supreme Court than
the so.c.iled metropolitan press" Of New
York. New York editors never comprehend
Constitutional question:
TIE LATE SUPREME COURT DECISIONS
Tie Supreme Court cay before yesterday,
through CheiJustice Waite, delivered it's
decision in the cases arising under the
enforcement act Of May, 81, ~1S70. The
SUBSTANCE OF the decision is that IS to eec-
tons Congress cannot legisate generally
on he regulation Of elections in the States ;
tl.t except in elections for senators and
representatives., it can only legislate to
prevent discrimination on account of race
sud colsr, and that auy legislation beyond
TIT. limit is unconstitutional and void.
Hence the court declares the third and
fourth sections of the act void. The third
section makes it iudictable for Inspectors Of
elections 10 refuse persons vote on account
OF bis not having complied with some pre-
requisite of the law, such as registry, &c,
when he presents his own stfldavit that he
offered TO perform the required act, but was
wrongully prevented from doing so by the
officer whose duty it was to receive or
allow il. II is held that this section is
void becapse it imposes punishment os
every refusal OF vote for this cause, ard
70, Simply on refusal on account OF race
or color: that, as the act stands, 1t i'm poses
i new regulation in local elections, making
the offer 10 do al act equivalent 10 the
doing Of it, when the State law has not
made il such. 1t Is held that Congress has
nc right thus 10 interfere with the qualltca.
lions OF voting except in the special case
where they relate 10 discrimination on &C.
count OF race aud color. The fourth section
makes lis lndlcIable to hinder or prevent
any citizen from voting or from doing an act
necessary 10 qualify him TO vote. 1t is held
that mis- section is void for the same reason.
1t does not confDe ITSELF to hindrances and
preyentons on account of race aud color,
but is aimed at all interferences with
the citizens exercise Of the right
20 vote This is held to be the ex.
elusive right of The State Legislatures,
and it is decided, after argument, that the
court caunot hold Al unconstitutional Sec
ton void for some purposes and good for
others, but that il muBj stand or fall upon
these sections are 10 be held absolutely void.
And hence the indictment against Reese and
Forsber for refusing 10 receive the vote OF 4
solored man in Louisville, Ky, who had net
PAID the requisite tax but presented bis all
d.yit that he had offered 10 pay it, was ad.
judged to De unsupported by any valid law
In the Grant Parish case, which was az
Indictment under the sixth section oil the
act makisgSt criminal to band or conspire
together veg prevesl or hinder any citizen
from exercising or enjoying any right or
privilege granted or secured to him by the
Constitution or laws of tie United States,
the cont,itutioEality Of the act was not
questoned; but the Indictment was held
DAD because the rights and privileges which
II MAS Charged the de(endents had con.
splred 10 interfere with snd prevent the
enJsymsns OF were rot such IS hsd been
couierred by TIE Constitution or laws Of the
United states, but such az arose from State
hHs or usages. These were the right to
peaceAhly assemble together for the purpose
OF discussing political questions, the right to
Dear arms, 81. all watch rights were held
10 nave originated prior to and Independent
.! The Constitution and laws Of the United
o's'es, and the OILY ro.ioe taken OF theua 10
tae Constitution is in the amendments where
sae government Of the United States is pre-.
A'oi'ed from interfering With them and there
nAs no allegation that the Interference charged
VAS eomn'ted by resson Of the race or coler
VI 'hs parties. One or two counts did charge
;ais, Out the rights said to be interfered with
-. ~ .uose counts were. so vaguely expressed
, ,nst no Judgment could be rendered upon
len Two counts charged q conspiracy TO
prevent eelored man from vetipg, bat did
sou charge that TIE conspiracy was entered
,u'o On account OF the race or color OF the
party. This WAS held 10 be q fatal defect.
ihe doctrine OF the court, as announced
10 these cases, is that whist Congress may
iesslate TO protect rights granted by the
Constitution, they cannot do this to protect
tishls which had different origin. The
uecislon In the main confirms the decision
VI 1ustie. Bradley 10 the court be.
r C 1t is clear from this decision that
SSoesress ought at once to supply the
usiects OF the third and fourth sections Of
t tue acI by eonfniug them to the case of re-.
t ,ssaug' hlndering, or preventing vote by
Jason OF the race aud color Of the voter.
~ ~ also observable that the court does
w ~ eeny the power OF Congress to inter.
p p;S oy direct legislation against individual