The daily gazette., 1876-03-30

plains of it that he is a Rebel and an
unregenerate Secessionist. or the eff
cacy of this course Mr.. Yeates has
doubts, and 50 have we.
The Decision on the Enforcement Act
The Grant Parish case, from Loui 8
lana, and the Kentucky election case,
were decided by the Supreme Courtof
the United States on Monday. They
involved the most important question
considered by that court since the
legal.tender decision. The indictment
in each case was based upon the cele-
brated Enforcement act Of 1870, and
the Court was called upon to construe
the third, fourth, and sixth sectors of
that act.
The defendants in the Grant Parish
case were indicted for alleged viola
tlons OF the sixth section. This pro-
hibits two or more person from band
ing or conspiring together "to injure,
| oppress, threaten, or intimidate any
| citizen. with intent to prevent or him
\ der his full exercise and enjoyment of
any right or privilege granted or Sc
cured by the Constitution or laws of
the United States" The defendants
were charged in the indictment with
conspiracy to do certain specified acts,
in violation of this provision. Were
the rights which they threatened to in
terfere with granted or secured by the
Constitution or laws of the United, If
they were not, the indictment was ia
tally defective.
The Supreme Court has decided that
they were not. To appreciate the scope
)and importance of the decision, it is
| napneSarv to md arcta nd xub xuora ho
rights under discussion. One was the
right Of peaceable assembly for
peaceful and lawful purpose. This, says
Chief Justice Waite, existed long be-
fore the adoption of the Constitution
of the United States, and remains sub
ject to State jurisdiction. The States
alone are authorized to punish its in
fraction. 1t was also alleged that the
conspirators intended to interfere with
the rights of life and personal liberty,
for they were charged with conspiracy
to falsely imprison or murder certain
citizens of the United States resident
in Louisiana. These rights, say the
Court, are the natural rights of man,
and the sovereignty for their protec-
ton rests alone with the States. "The
only obligation resting upon the Uni
} ted States to see that the States do not
J deny the right"
Again, it was averred that the defen-
dants sought to restrain the rights of
) certain colored citizens Of African de-
l scent to vote at any election. The
= right or suffrage, however, as was de-
l cided by the Supreme Court two years
ago, is not derived from the Constitu>
) tiOn of the United States; and as the
J Indictment did not charge that the in
tent was to exclude the colored citi-
Zens from voting on account of race,
color, or previous condition of servi-
: tude-so as to bring the case within
the terms of the fifteenth amendment
there was nothing to show a violation
of the Federal Constitution or laws.
} From this it will be seen that although
7 the Supreme Court does not in terms de-
! clare the sixth section of the Enforce
ment act to be unconstitutional, it does
. decide that the broad Interpretation and
r application sought to be given to it in
, the Federal courts below is in violation
the rights of the States and the Consti-
tuition OF the United States.
In the Kentucky election case, the
e question was whether the third and
t. fourth sections of the Enforcement act
e were appropriate legislation, under the
Constitution, to inforcc the fifteenth
: amendment, which provides that the
right of citizens to vote shall not be de-
, MED or abridged by the United States,
or by any Slate, on account of race, OF
, color, or previous condition of servitude.
1t is tho opinion of the Court that the
! United States has the right under this
amendment to punish unlawful indi-
: vidual determinations on account Of race
color, or servitude; but the objection to
A these sections of the Enforcement act is
, that they do not stop there. Irrespec-
tive of such discrimination, they provide
=, gennarlly for the punishment of inter
! ference with the right Of suffrage, and
the power of Congress does not extend SO
|; far as this. 1t being impossible to separ
ate the unconstitutional parts of these
5 sections from those which are constitu-
tional, the whole must fall.
The result Of: both decisions is that the
: operation of the sixth section of the En-
! forcement act is so restricted as not to
, interfere with the police powers Of the
States, and the third and fourth sections
are practically stricken from the statue
: book.
Jyhat it costs Lancaster County
for ADVERTISING, Excluding I's'f-
SON ADVERTISING.
I \ l....-H Hurr~