New-York tribune., 1876-03-29
TIE ENFORCEMENT AOr IEVALID.

DECISION IN THE KENTUCKY CASES.
Not APPROPRIATE LEGISLATION TO CARRY OUT
TILE FIFTEENTH AMEEpHENT-TIIE STATUTE
NOT SUFFICIENTLY EXPLICIT REGARDING OF
YYNsEs-AN ENCOURAGEMENT yroN TIE RIGHTS
OF STATES.
The United States Supreme Court gavo its dec-
sion III the cases testing the COnsttutlonanS OF tho
Enforcement act sent up from the Kentucky Circuit
Court on Monday, and a summary of its opinion ap-
peared in TuE TmBUSE yesterday. Below ii viii be
found in full
No l45-The United states, plaintiffs, agt. Hiram
Reese end Mat new FousDte; ia error to the Circuit
Court Of the United States FOR the District Of Kentucky
Air ChiefJustce Waite delivered the opinion OF the
Court, as follows:
between c Judges of the Crcuit Court in th9 District OF
Kcutucky il presents an Indictment c0ntalnns fonr
iG sat 40 against two of inspectors OF muuci-
pal election in the state OF Kentucky for ie nG 10 re-
G1nrr czsu OF the United states OK African descent.
Al the questions presented ~ the crric 20 Oh division
the indictment IN this cOBrt The United states abandon
The rst anl thr counts ana SkpFe5sy %".:e ths ro
meut 90 the Fifteenth Amendment of the Constitution
After this concession Tie prime pal question LEFT iuT con
ALTERATION s whether the act under which the udict
Is found can be made ChecNe Tor puHlshhcdt Vl
inspectors of elections refuse TO receive and co"n
tie votes o citizens Oi the LDi.cd States hlFns al Inc
qualifications OF voters, because OF ther race cpio,
or previous condition ~ serlitude. II Congress
has not declared au act dpnt within state % DO crmo
against tho United States, tae coafis have ~ power 70
treat It such. UNITED otaies against hh"7oil !
Cranch 22J 1T Is not claimed Lat therc Is any statute
when reach ths case, unless II d. the one ~ dnes
ton. Looking tnc. 10 b7 adJe, We i'h t ',s '1,'t
section pToYiGr- that all cuZShs 81 tbo CueG ota"t
any election shall be Untitled vote therca
without distinction Ji race, coi9 or psFob cpAui ION
standing. rms simply declares the right, without plo-
yiding punishment or ITS violation Tie second section
the duty OF furnishing 10 citizens an opportunity 10 per-
form any act which by tine Constitution and laws Of any
Who shall omit 10 giye all of the United states
Che same and equal opportunity 10 perform sIch Pre-
rcuuits and become qualified on account Ol race, Color
previous condition Of acsYitude OF the applicant ns
whose only duty 10 Is 90 receive and count the votes Of
citizens de~gnoted ny law as yo'ors VINO nave already
become qualiicd 10 vote AT the election
An ANALYSIS or THE LAW
Tho third section Is TO tho effect that whenever by
or under the Consultation or Laws of any state. NC, any
ac Is or shall be required 20 DC done by any ct1rn
prerequisite 90 qualify entto him to vote the ofcr Of
such citizen to perform the act required to be done, AS
aforesaid shall II it fail 10 be carried into execution by
reason Of wrongful omission, Aforesaid. OF the
person or officer charged with the duty Of receiving
nermitng such performance OF offer TO perform OF
acting thereon, be deemed aud held as performance ia
law OF such act and the person offering au1 failing,
as aforesaid and being otherwise qualified shall be ent
tied to vote in the manner and to tho same extent
inspector other officer Of election whose duf IL 10 10
leciye count &c give eject to the vote OF any sc
''-''
count &c the vote Of such citizen. upon representa-
tion by HIM OF h affidavit, stating sucn oher and the
time and place thereof and the o1 tie person or
officer duty IL was to act thereon and that he was
wronglly prevented b. snen relson or eer rom per,
forming such shall every such OH ise orcii ana
pay" 81. The fourth section provides for Tue !sment
OF any person who shall Dy force bribery, threats IN
timiutiou other unlawful hinder, delay, Ac.,
shall combine with others ~ hinder ce.ay, prevent or
obsruct any citizen from doing any ac required to 10
done 10 qualify him to vote, nom Foting AZ any coc-
ton" The second count III the ntCtEent Is based upon
the fourth section Of this act, and tho fourth upon TIC
! HlghiS
pendent upon the Constitution of the United States can
be protected by Congress The form ahd the Ihtnner Of
the protection may be such Congress, IN the legitimate
exercise OF its siayo discretion, shall provide. 1hee
may be varied meet the necessities Of the particular
not confer the right OF suffrage upon any enc. IL
| prevents the states or the United states, how
ever, from giving preference 10 one citizen of tie
United States over another on account o race color OF
previous condition OF serytudc. Before It's Adoption ths
could not be done. 10 much within the power or
state to exclude citizens Of the United states from vo
ing Oh account OF race &c II ON account OF age
against discrimination. Now there Is. IL follows
that the amendment has invested the citizens OF the
United States with new constitutional flsht Whie Is
ythn the protective power 0f Congress That rghl Is
elective franchise OF race, color, &c Ihs under ile eN
press provision Of the second section OF the amendment
Congress may enforce 5y appropriate iosisi'toh'
| NOT APPROPRIATE LEGISLATION.
This leads us 70 inquire whether the act under con
sdcraon is appropriate legislation" for that purpose
The power Of Congress egaate ct all upon the sub
ioct Of voting al elections rests upon this amend
ment The oaect OF Article l. Section Of tic Consiu
ton In respect elections Tor Senators and Representa-
tves Il not now under consideration II has not been
ended nor u bc, that the amendment conieIs
authority TO impose penalties ior every wrongful iei
To receive tie vote OF quaihed eectOr al Sia'e eec
tons II is only where the wrongful reilsii al sn9h an
OF serudo that Congress can interiors anu proNe or
tons OF so act ars beyond that limit. they aro unau