The Republican journal. [volume] (Belfast, Me.) 1829-current, 1876-04-13
The Court to the Rescue.

| mas recently decided question which, in
| the excitement and noise over the corrup-
J llons at the capital. has not attracted the
| public attention which its Importance de-
mands. This decision refers to the inter-
| probation Of the fifteenth amendment to
the constitution, which Congress claimed
gave the right Of suffrage to all citizens,
| irrespective Of race, color or previous con-
| dition of servitnde. The question came
before the court in the shape Of appeals
from what is known as the Grant Parish
case, in Louisiana, and a similar one in
| Kentucky. The decision was delivered
| by Chief Justice Waite, in these words
The government of the United States is one Of del
| egated powers alone Its authority is defined and
| limited by the constitution; all powers not granted
to IS by that instrument resery ed to the States
or the people No rights can be acquired under the
| such as the government OF the United States has
the authority to grant or secure All that be
granted secured left under the protection of
| the States.
This is an explicit Interpretation BY the
court of the Legislation permitted by the
| fifteenth amendment. 1t first decides that
the amendment, by and of itself, does not
make any one voter. The forbidding of
preference to one citizen over another, on
account of race, color or previous condi-
| ton of servitude, is the utmost scope of
its powers Before the adoption of the
amendment, the states had that right
now they have not A new constitutional
right is established, which Congress has
the right to enforce by appropriate legis-
| lation
| In the act now passed upon, the Court
| finds nothing to betrav an intent to con-
fine its provisions to the terms of the
fifteenth Amendment. Its language does
not limit its operation to unlawful discrim-
NATION on account Of race, color or pre-
| vious condition. but is broad enough to
provide 1or the punishment of those who
| uniawtully interfere to prevent the exer-
else OF the elective franchise. without any
| regard to such discrimination. The Court,
therefore. was called on to decide wheth-
- " Poiis'i 7'oeu.o oE1Cltu ny Congress
with its limited powers, providing in gen
| eral language for the punishment of wrong
acts without as well rs within its Consti-
tutioDal jurisdiction, can be iudiciallv con-
strucd so as to make it operate only on
what Congress may rghtfully prohibit
and punish
And the answer 10 the question is this:
That it would be dangerous for Congress
to set net large enough to catch all pos
sible offenders, and then leave it to the
Court to step inside and say who could be
righttully detained and who set at large.
This would obviously substitute the Judi
cial for the Legislative department of the
Government As the dicision asserts with
perfect clearness, the Courts enforce the
legislative will when ascertained to be
within the Constitutional grant Of power.
Congress is conceded to be supreme with
in its Legitimate sphere. and to be beyond
the control of the Courts; but when it
steps out of its sphere and attempts to do
what is beyond its reach, the Courts have
the authority to annul its encroachments
upon the reserved power of the States and
the people. The Court is asked in the
present case to make new law instead of
enforcing an old one, which is no part of
its duty
This decision sweeps away the last hope
OF the Republican party for carrying any
one state in the South for their Presiden
tial nominee. There never has been day
since the passage Of the reconstruction
measures that any Southern state, with
possibly the exception of Mississippi and
South Carolina, would have voted to sus-
tain the Republican party, had its people
been left free to cast their ballots as they
pleased. This they were not allowed to
do, for deputy United States marshals
rode over the country, and under threats
OF arrest and imprisonment, deferred the
men of substance and of property from
going to the polls. If they attempted to
exercise the rights Of freemen, they risk
ed their liberty and took their chances of
Imprisonment. In order to harass them
and make their arrests more painful, they
were taken hundreds of miles from their
homes and incarcerated in prisons located
among strangers. This was done to make |
the giving of bail difficult, if not mpossi- !
BILE, for the object of these petty officers
was not to insure the appearance of their
victims for trial but to punish them before |
they were tried.
The law which made these things Dos.
sible is now, thanks to an independent |
judiciary, shorn of its power for evil |
Another illegal and oppressive prop for
the perpetuation of the Republican party
in power, is Knocked away Time and
patience and effort are doing their work,
and right in the end must prevail.
The Bangor Wing don't fancy the Jokes
that appear in the Journal OF course it is
source of great modification that such
should be the case. But Shakespeare (the
Wing is fond of appealing to Shakspeare)
says
jest's prosperity lies in the ear
Of him that hears it, never in the tongue
OF him that makes 1t.
The editor of the Wing has great ear.
wonderful ear-but it needs pairing
down in order to understand some things,
If the great poet be correct.