The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-09-27

not to punish mebt. because be has misconstrued
the Law. Penal statutes ought not To be ex-
pressed N LANGUAGE so uncertain. II the Legs
iature undertakes to define by statute q new
offence, and provides for It's punishment, IL
mot deceive the common mind. Every man
should Toe able to know with certainty when be
Is commit a crime. -
re "a the fourth we find there no woris Of hmi.
tation, or reference. even, that can be construed
manifestng auY intention TO cunhue its pro-
visions to the terms OF the Fifteenth Amend
nent. That section has for its object tue pun
ishmeut Of ali persons who, by force, bribery.
a., hinder. delay. &C.. any person from qualify
ing or voting. Ia view 81 all these facts we feel
oomrellsd to s'y that IN our opinion the Ian.
guage ~ the third and fourth sections do, not
cUnHne tuetr operation to unlawful dscrimlna-
lions on account " race, Sc. II Congress had
the power to provide generally for the punish
ment Of those who uniawfully interfere to pre-
vent the exercise OF toe elective franchise
WITHOUT rEhu 10 such uscfi'hlnhuoni Tug
lan9u' of these sections would be broad
enough for that purpose.
Itiemains now to consider whether statute,
so general ~ This In LIS PROVISIONS, can he made
available for the puniA ment OF those who may
be guilty OF unlawful discrimination against
citizens OF the United States. while exercising
&C. &c. '''''''' '''' "''' y" "''''"' u '"'' ''.
There Is no attempt In the sections now under
consideration to provide specifically for sucn on
offence. II the case IL Provided for at all " Is
bec use 1t cones under the general prohibition
ton In this particular. We are therefore direc,y
| called upon to decide whether penal statute
which PROVIDES IN general language broad
| enough u cover wrongful acts without as well
~ within the constitutional Jurisdiction, can Oe
limited bV judicial construction 50 IA To make II
| operate univ on That which Congress NAV rtght-
| fUly prohibit 9nd punish. For TINS purpose NE
! must take these sections OF the statute IA they
| are. We not able to reject par which IL
unconstitutional aud retain the remainder, be-
cause II Is not possible tn separate that winch Is
| uuconsti, utiOnal, n there be any such. from
that which Is not. The proposed effect Il not TO
| be attained by striking out or dpsreg ~ ding
words tnat are IN the section. but 10y Inserting
| those that are not now there. Each OF the sec
| he language Il pl iin. There Is no room for
construction. unless IL be IA to the effect OF the
| CONSTITUTION. Tne auestton. then, to be deter.
mined Is whether We can Introduce wor ts OF
| Limitation into penal sta ute so rs to make It
specific " ben, as ex, ressed, 1t is general only.
| lature could set "A net large enough to eaten all
possible offenders, ana leave u to the colrts TO
sep inside and say no could be Tightfullv de-
ined aud VINO should be set at large. his
would e. some extent su lstttuto the Judicial
| for the legisl tive department Of the Govern
ment. he courts enfOrcs the legislative Mil
when ascertained. " within the cons tuition Il
grant OF power. within Its legitimate sphere
| CONGRESS " supreme aud beyoud the control OF
the courts, but " II stems OUTSIDE OF It's coLsti-
/ tutionel Limitations and attempts thai which is
| beyond It's reach, the cuutts are author zed to-,
and when called upon In due course II ley l
| proceedings must. annul Its eDcroacn n! ents
upoD tue reserved power Of the States and the
people.
| for would be TO make new law, not TO enforce
| an old one. Ihls IA no Dart VI our duty.
We mast, therefore. DECIDE that Congress has
not as vet provided nv appropriate leRisl itiOn"
| fur the punishment of the offence charged IN
| the indictment. and that the Circuit Court prop
| ery sustained the denurrers a. gave judgment
| for the defendants.
| luis makes IL unnecessary TO answer any OF
| the other questions cei tined. Since the law
which gives tne presiding Judge the casting
| vote H. ser nf division, aud authorizes judg-
| mcnt m accord nee WITH Lis opintoA (Rev ST l.,
sec. $50, II We fad That the }, den'ent as ron
dered u correct, we need not DO more than af-
hrm. II. bOHsNer, We reverse, all questions C. r
| titled, which NAV be considered IA the hnal de-
termination OF the case accOra Ing 10 the opinion
| We express. sbo I'D be answered.
| The Judgment OF the Circuit Court IL affirmed.
True c py. Test: d. W. MIDDLETON,
Clerk supreme Cour Uuileu States.