The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-09-14

BIutllylnB issue 10 ComllculOn Wnlcn
has justly been regarded with regret aud
nnxiety.
What the Conspirators Propose TO Do.
We have already pointed out the ille-
Eality of Attorney-Gcneral T,Fr's circu-
lar of instructions to the United States
Marshals. We have now to examine the
orders issued to the army "by command
OF Gen. SHERMAN" rs directed by the Sec
rotary OF War.
These orders promulgate to the army the
circular OF the Attorney General for the
Information aud guidance OF al army OIL
9ers and soldiers" They therefore adopt
The circular just rs II stands treating its re-
cital of laws pronounced by the Supreme
Court TO be unconstitutional as il they
were valid and in force But this Is not all.
These army orders in themselves en-
brace repetition Of what we were about
to call the same blunder. but which we
must characterize by calling 1t the same
fraud. Instead of defining for the infor
nation Of the army the powers which the
United States may exercise in regard 10
the protection of the elective franchise in
accordance with the recent decisions OF
the Supreme Court. these orders repeat
aud embody an old proclamation Of the
President issued on May 3. ISL, after the
passage Of the so-callei Enforcement net
Of April 20, 1871. TINS proclamation. issued
Ave years before the decisions Of the ST.
preme Court which now bear directly upon
the subject OF the elective frNlcli,c. WAS
based upon the correct disruption that
The Fourteenth Amendm snt OF the Com
stitltion had guaranteed cer.ai1 ciFil
rights TO all citizens Of The Uuuel ~tttr-,
and that IL was III, pre>ii Anl iutV.under
the law of April -, Isl, % exhaust IN
powers vested in him "for The pupo,' NJ
securing to all citizens OF IN. United States
the peaceful enjoyment Of the right, guar
anteed TO them by the Constitution and
laws"
But the question is not now what can he
done under the Fourteenth Amen lmenl
but what eau be done underth thu Fifteenth.
The Attorney-Gcneral qu1'e' the vary s-r-
lions OF the law which profess t. bee
founded on the Fifteenth Amendments
and which are couched in such swe"piny
md general terms, without any limitation
20 the doing OF the prohibited ac.. on ae-
pount of the race or color Of the voter,
that the supreme Court ha. been COM
oelled to pronounce them unronstitu-
;onal. IT." says the On II Justice. com
nenting on these sections, III Congress
aad the power TO provide generally for
the punishment Of those vino uulaw ,ully
interfere 10 prevent the exercise OF the
elective franchise without regard to such
discrimination ION account OF race or
Inn 81 fa..t.
would be broad enough for the purpose
lie then proceeds to show that, as Con-
Eress has no such general power we are
not able 10 reject part which is uncon-
Ititutional and retain the remainder be-
cause IL is not possible to separate that
which is unconstitutional, if there be any
such, from that which is not lie noids,
therefore, that these sections are unnvhl-
able, even for the punishment of the
offence which Congress would have had n
right to punish, namely, the obstruction on
account of race or color ana that Con-
gress has not, a yet. provided 10y appIo-
pirate legislation for the punishment of
the only offence that il can punish This
renders the whole Of these sweeping aud
general sections quoted by the Attorney
General utterly void.
What significance. then, has tins old
procl amation Of the President, issued
with reference to law passed under the
Fourteenth Amendment, now that the own
and military officers OF the Unitel states
are to be instructed about law which
purports to have been passed under the
Fiitceuthi What guide Is furnished 10 the
officers If the army, in respect TO laws Of
the United states which profess 10 protect
the right of .uTragn. by sending them this
old proclamation issued under the Four
teehth Amendm mt which related TO other
rlghIs ot citizenship aud not to the right
Of suffrage The orders issued to the army
In 1871, in regard To- the enforcement Of a
law passed under the Fourteenth Amend
mont, in no way ~ the ca-e If law, passed
under the Fifteenth. In respect TO these
laws, the orders OF the War Department
furnish no Information TO tho army that
they have been declared unconstitutional
by the Supreme Court; but tho ofIicerr
and soldiers OF the army are directed TO
consider the Attorney Genoraps circular
to his Marshals a. binding upon Thorn IN
their military duty and capacity
The war Department Is, therefor c, In
vowed in, and made responsible for, the
piuhder, or tho fraud-our readers can
ohoose either term-ot the Attorney enc
rhi' true II is that both are departments
OF the same Government, ana both act as
Tue agents of the same President. But II ia
most extraordinary, to say the least, that