The daily Argus. (Rock Island, Ill.) 1873-1877, 1876-04-01
THE BALLOT.
Important Decisions Of the
U. S. Supreme Court.
THE ENFORCEMENT ACT
VOID OF FORCE.
Its terms ooSweeping.
ABLE CALCULATION OF THE FIF-
TENTH CONSTITUTIONAL
AMENDMENT,
Its terms too Sweeping
A STATE RIGHTS TRIUMPH.
The Grant Parish and Kentucky Cases
Dismissed.


to-day the following important eases were
decided
No. $50. The United States, plaintiff
in error, VS.. William j. Cruikshank, vii
liam d. Irwin and John Z. Hudnut-In
error to the circuit court of the United
States for the district of Louisiaua-Mr.
Chief Justice Waite delivered the opinion
Of the court This case comes here with
a certificate by the judges of the circuit
court for the district of Louisiana, that
they were divided in opinion upon ques-
ton which occurred at the hearing. 1t
presents for our consideration an indict-
ment containing sixteen counts, divided
into two series of eight counts EACH based
upon section of the enforcement act of
May 81, 1870. That section is as follows:
THAT il two or more persons shall band
or conspire together, or gQin disguise upon
the public highway, or upon the premises
of another, with intent to violate any pro-
vision of this act, or to iniure, Cypress,
threaten or intimidate any citizen, with
intent to prevent or hinder his full exercise
and enjoyment of any right or privilege
granted or secured by the constitution or
laws OF the United States, or because of
his having exercised the same, such per
sons shall be held guilty of felony. and, on
conviction thereof, shall be fined or i'm
prisoned, or both, at the discretion of the
court, the fine not to exceed s., 900 and the
Imprisonment not to exceed ten years; and
shall, moreover, be thereafter ineligible to
and disabled from holding any Office or
place of honor, profit or trust created by
the constitution or laws of the United
States" (l6 Stat, I41)
The question certified arose upon a mo-
ton in arrest of Judgment after a verdict
Of guilty generally upon the whole sixteen
counts, and is stated to be whether the said
sixteen connts Of said Indictment are sever.
ally good aud sufficient in law and contain
charges of criminal matter indictable un
der the laws Of the United States.
THE GENERAL CHARGE
in the first eight counts is that Of band
ing" and in the second eight that of con
spring" together to iDjure Cypress, threat
Ell and intimidGte Levi Nelson and Alex.
ander Tillman, citizens OF the United
States, of African descent and persons oil
color, with the intent thereby to hiIdel
and prevent them in their full exercise
and enjoyment of rights aud privileges
granted and secured to them in common
with all other good citizens of the United
States. BY the constitution and laws O.
the United States, the offences provided
for by the statute In question do not con
sist in the mere banding or "conspiring
OF two or more persons together, but il
their banding or conspiring with the iDten
or for any Of the purposes specified. II
bring this case under the operation Of thi
statute therefore, it must appear that tn
right, the enjoyment of which the con
spiratOrs intended to hinder or prevent
was one granted or secured by the consti
tuition or laws of the United States. If i
does not so appear the criminal matte
charged has not been made indictable b
any act of congress We have in GU
political system government of tn
United States and government of cac
of the several states. Each one of thes
governments is distinct from the Others
and each has citizens OF its own who owe
allegiance, and whose rights within il
lurlsdictation it must protect. The sam
person may be at the same time a citize
OF the United States and citizen of
state, but his rights OF a citizenship unde
one of these governments will be differen
from those he has under the other
lSlaughteI house cases, l6 Wall, "A
Citizens are the members ut the politict
community to which they belong. The
are the people who compose the con-
munity, and who, in their associated C;
pacity, have established or submitte
themselves to the dominion or n govern
ment for the promotion OF their genera
welfare and the protection of their ind
tftl ,tnI nell 10. =. Ia.
In the formation of q government tn
government the people may confer upon
such powers as they choose. The govern
ment when 80 formed may, and whe
called upon should, exercise all the power
II has for the protection of the rights of il
citizens and the people within its jurisdi,
ton, but it can exercise no other. Tn
duty OF government to afford protectio
is limited always by the power it possesse
for that purpose Experience made th
fact known to the people of the Unite
States that they required
A NATIONAL GOVERNMENT FOR NATIoNA
PURPOSES.
Theseparate governments of the separat
states bound together by the articles
confederation alone. were not sufficient fc
the promotion of the general welfare of tn
people in respect to foreign nations, or fc
the complete protection as citizens of til
confederated states. For this reason m
people OF the United States, ii
order to form u more perfet
unlon' establish justice secui
domestic tranquility, provide for til
common defence, promote the genar;
welfare and secure the blessings of liberty
20 themselves and their posterity-(Co
stitution preamble -ordained and estai
lished the government of the Unite
States, and defined its powers by CO,
sutution which they adopted rs il
fundamental law and made its rule ,
action. The government thus establishe
and defined is, to some extent, govern
ment Of the states in their politics
capacity. 1t is also for certain purpose
government of the people. Its power
are limited 10 number, out not in degre
Within the scope of its powers as enumc
ated and defined it is supreme and abo,
the states; but beyond it has no existenc
1t was erected for special purposes an
endowed with all the powers necessary {,
Its own preservation and the accomplish
ment of the ends its people had in vie,
1t can neither grant nor secure to i
citizens any light or privilege not express
or by implication placed under its urisdi
ton. The people of the United Stat,
resident within anv state are
SUBJECT TO TWO GOVERNMENTS,
one state and the other NATIONAL but the
need be no conflict between the two. III
The power which the one possesses Il