The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-01
THE ENFORCEMENT ACT.
Full Text or the Decision of Tho Supreme
Court.
Meme NJ the indictments Held tlo0d The
Defendants DISCHARGED,

Meme NJ tbc Indictments Held Good III,
Defendants Discharged.
WASHINGTON. March ~. Mr.. Chief
Justice Waite delivered the opinion o
the Court In the Enforcement Act cases
nH follows
This case comes here with a certificate
by the Judges Of the Circuit Court fol
Louisiana that they were divided IL
opinion upon n question ut the hearing
II presents All indictment containing
sixteen counts. divided into two series o
eight counts each. based upon section {
If tho Enforcement net Of May ~. 1870
That section In as follows:
That II two or moro persons shal
| baud OF conspire together. or go In dis
g,iiso upon the public highway, or upot
tho promises of another, with intent {,
violate any provision Of this net. OF tt
iniure, Cypress. threaten or intimidatt
any citizen with intent to prevent 81
hinder his full exercise and unioymcnl
Of any right or privilege granted or SO
cured by the Constitution or laws Of the
| United States. or because Of his having
exercised the same, ouch persons shall
he held guilty of felony and, on convic
ton thereof. shall be- fined or imprs
oned. OF both. nj tho discretion Of The
court. the iine not to exceed $4,000 an.
years. aud shall moreover be thereafter
ineligible to and disabled from holding
any office OF place Of honor. profit o,
trust created by the Constitution or laws
Of the United States TIC Stat. AL
Tho question certified arose upon n
motion IN arrest OF Judgment after Il yer.
diet Of guilty generally upon the whole
sixteen counts. aud Ia stated to be
whether the said sixteen counts are
severally good and sufficient in law, and
contain charges Of criminal matter in
dictahlc under the laws Of the United
States. The general charge In the frat
eight counts is that OF banding" and
In the second eight that Of 'oonspirng'
together TO iniure and intimidate Low
| Nelson and Alexander Tilman, persons
OF color. with the intent to hinder them
| in their full exercise and enjoyment of
rights and privileges granted to them
| in common with all other good citizens
of tho United States bv the Constitution
| and laws. The olfenseH provided for hy
| tho statute in question do not consist In
tho mere "bandying' or "oonspi, ing
OF two OF more persons together. but in
their banding or conspiring with the
| intent or for any of tho pur-
| poses specified. To bring this
easo under the operation Of this statute.
therefore, II must appear that the right
the enjoyment Of which the eonapira.
tors intended 10 hinder or prevent
was one granted or secured by
| the Constitution or laws. If H. does
not so appear the criminal mat
ter charged las not been made in
dicthhle ny any net Of Congress. We
have IN our political system IL Govern.
mcnt Of tho United States and Il Gov
ernmont of each of the States. Each
one OF these governments In distinct
from the others. aud each has citizens
OF its own who owe II allegiance. and
whose rights within It's jurisdiction IL
must protect. The same person may bc
nj the same tIne citizen Of the United
States aud q citizen or State. but his
rights of citizenship under one of thoso
governments will be different from those
he has under the other Slaughterhouse
cases. ~ Wall, "a Citizens are tho
members Of tho political community to
which they belong. They arc tho people
who compose the community. ana have
established or submitted themselves to
n Government for tho promotion of
their general welfare and the protection
Of their individual as well as their col
lcctivc rights. In the formation of a
government the people may confer upon
1t such powers as thoy choose. The
government when 50 formed may. and
when called upon should. exercise all
It's powers for the protection of the
rights of its citizens and tho people
within It's Jurisdiction. but Il can exer.
oao no other. The duty of n govern
ment to afford protection Is limited
always by the power IL possesses for that
purpose. \ Experience made tho fact
known to the people Of tho United
States. that they required n national
government FOR national purposes. The
separate governments OF the separate
states. bound together by the Articles
OF Confederation alone. were not sufli-
cient for the promotion of tho general
welfare Of the people in respect To for
cign nations. or for tho complete pro-
lection az citizens Of the Confcd
Grated States for this reason: Tho
people of the United States. Gin
order to form moro perfect union, os-
tahlish justice. secure domestic tran
guilty. provide for tho common do.
Tense. promote tho general welfare and
secure tho blessings OF liberty" Is
themselves and their posterity, Gonst.
proanble) ordained and established tho
Government of the United States. and
defined its powers by u Constitution
which they adopted rs It's fundamental
law and made its rule of action. Tho
government thus established and de-
lined IL TO some extent q government of
tho States In their political capacity. II
Is also for certain purposes n govern |
mont or the people. It's powers are |
limited in number but not in degree |
Within the scope OF It's powers as emu.
and defined It IL supreme md
above the States: but beyond. IL has no |
existence. 1t was erected for special
purposes and endowed with all tho
powers necessary for its preservation
nd the accomplishment of the onds itg
fcoplc had in view. II can neither grant
or secure to It's citizens any right or
privilege not expressly or by implication
placed undcr its jurisdiction. Tho people
u tho United States resident within any
ftato arc subject to two governments
ne state and the other national but
|here need be no conflict between the
nwo. The powers which the one pos
|esses the other does not. They are
Established for different purposes. and
lave separate jurisdictions. Together
hoy make one whole, and furnish tho
people Of the United States with com
,letc government, ample for the protec.
ion OF all OF their rights Mt home and
lbroad. True. IL may sometimes hap
zen that person Is amenable to both s
for one and the same act.
thus. II n United States Marshal IL IN. s
awfnlly resisted while executing tho |
process or the courts within State. and |
he resistance Is accompanied by an
ssault on the officer, the sovereignty {