, 1876-03-28


WAsu1soroN, D. G., March 27.-Ths United
States Supreme Court to-day docided the Grant
Parlsh cage and tho Keutucky election caso, both
involving 10 some aogree tho constitutionality
Of tho Enforcement act 1t had been expected
that this Court would fully cousaer tho mtiu
question IN both theso casos, hut tho decisions
wore rendered, for tho most part, Oh questions
Of ploadiugs, mud tho caao dismissed On
tochnicality. from an arhiter dictun1 In the
Kcntucky election decision, many Of tho lawyers
at tho Supreme Court Bar draw the inferenc1
that IL \ caso ghall 10 brought up directly In
yo!ving tho conatltut,onaJity Of tho Entorco-
ment oct the Court will decide tho net uncon-
stitutiouAl. -.........-
r1o tho Assocddttd Trrss.l
r1NAL DECISION IN THE unAHr rAnlAu oAsB.
WASHINGTON, D. O., March 27.-Tho decision
Of tho supromo Court In tho Gsnnt Parish caso
Is very elaborate. 1t sayn there is nothing To
show that Tho electlona voted at wero my other
than stats electlona or that conspiracy waa
formed on sccot1nt Of raoo or pastios. against
whom tho congpirasors voro to net. The charge.
~ mado, is really OF nothing moro than = con-
6pisaoy to commit broacn Of peaco within q
Htnte. Certainly 1t will not bo ciatmod that tho
Unitod States have tho powo! or are required to
do moro police duty in States. II Stase can-
United States may, upon tho call Of tho Executive,
when tho Legislature cannot bo convened, !ond
their assistance for that purpose. This IL .
guaranty Of tho Constitution (Art, 4. Bco. y,
but 1t applies to no caso llko thsa. Wo are,
therefore, Of opinion that tho frat, second, third,
fourth, sixth, sesonth, ninth, tenth, eleventh,
twelfth, fourteenth nnd fifteenth counts do not
contain charges OF D criminal nature mode tn
dictable under tho laws Of tho United Btasos.
and that consequently thoy arc not good aud
sufficient ia law. Thoy do no. ahow that 1t Was
tho intent Of defendants by their conspiracy to
| hinder or prevent tho endowment Of any right
granted or secured by tho Constitution. :
Wo como now to consider tho ffth and t!lir.
tcenth, and eighth aud sixteenth counts, which
may DO brought together tor that purpoae. Tho
lntent charged in tho titth and thistoentli Is to
| hinder md prevent pRrtleB In tholr respective
! f1oe oxorclao and enjoyment OF rights, priv,
| ileges, imnupitlea, oAd protection granted md
aocurnd 10 thom respectively ~ citizens OF tho
| Un1tod Btates, aud AZ citizens Of said State Of
Louisiana, for tho rcneon that thoy. being thon
| and there citizanB of na!d State and OF tho
United Htato8 wero persona OF African descent
| and race, md porBo1s of culor, and not white
| cisi2ops thereof, and in tho eighth md six
teenth to h!ndor and prevent them IN their eev-
eral and respective poraons tn tue FREQ exercise
aud enjoyment Of every, each, all, aud singular.
| the several rights and privileges granted and
| aocuted to them by tho Constitution and l0ms
| Of tho United Btatcs. The same general stato-
1nens Of rights 10 be interte1ed with IL found
l IL
lie Wow We take Of thesa counts, tho qucati OH
1s not whother It Ia enough In general to do
scribe statutory oGenBo vi The language OF tho
gtatute, but Whother khe ,offonso has here boon
described ut oil. Tie statute provides for tho
punishment Of thoHo WHO coasplfe to tnjure, op-
p.oss, threaten, OF intim,date any citizen, with
intent to pEoyent or hinder hia FREQ exeE-
claa and enjoyment Of any right OK
stitution o. laws OF tho United Htates. Those
counts ia tho indictment charge Ia substance
that tue lntcns in sAlB case was to hinder aud
proven. these ctizons lp tho free exercise aud
enjoyment Of every, zach; a. md singular IT,
aoouaou has tho right to have specification ol
| tho charge against him iu tuis respect 10 ordst
tilat he may decide whotAer he should present
his dcfonnoby motion 10 qnash demurrer. Or plea,
and tho Coura that 1t may deteunlno whether
| tho facta will sustain tho Indictment; 30 thai
tho crime IL mado 10 consss tn unlawful
combination With M insens 70 provont tho o.
joymont Of any right grated OF aocurOd By the
| Constitution, etc. All nghts nto not 40 granted
or secured. Whether ono is 50 or not Ia Quoa
tion of law to be ccciIlad by tho Court, not ths
prosecutor. TAo1efoFo tho Indictment sAouit
state tho particulars to inform tho Court As wo!
aa the accused. 1t must DO made 10 appoar-
thai ia to aay, appear from tho indictment With
out going fusthof-that the acts charged Will. II
proven, support conviction for tue offenso a
leged.
are too vague aud general. They lack Tho cor
tAinsy and precision required BY ths oatablisllet
rulas Of criminal pleading. It follows that the5
ara not good aud sufficient In Law. Thoy arc u
DO pronounced upon thom. Tho order Of ths
Circuit Court arross,pg Judgment upon tho yer
Dict IL therefore Alruaed aud the cause remand
OF with instructions to dischasge defendants
Justice Clifford disaentod fron, tho opinion, bu
| uoncuIsed In the Judgment.
THE KENTUCKY ELEcT1oN CASE.
Chief Juatice Waito delivered tho opinion o
The Supreme Court In tho Kentucky olectto1
case. 1t is very lengthy. After stating that .h'
| Unitod btAtoa abandon tho inst aud thls
counts, and o1psesaly ws!ve consideration OF a
claima not arising out Of tho enforcement o
the Fifteenth Amendment OF tho Constitution
tho opinion details provisions Of tho smendmonl
aud says;
The power Of Congress 70 !eatslato II I'll upon IL
subject Of voting at State alect!ons rus1 ulou th
amtndment Tue pdtct OF Article l. Beetion I {
Tho Constitution In frzpsct Ia cectoua Tor senstoE
ana Representatives IL not now uudre cot
Y!detatlon. II has not been eont1udst
nor can II 10, that the Ameadmsnt ooniei
suthorsy 70 .mposs pea.t, Tor eser1 wrongful ~
sal to receive tho vota ot quallied aeclar It sta
| elsctiun5. II u only When eho wrongful rufuxai
such m 4ecoo u because OF YAce, color, preTol
condition Of that Copgrosa lntarleru