The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-03-29

4 they were endowed by sheis crestor.t
i Soverelg for ibis purpose rests aton,
i With the Ststes. It is no more tfs
duty or Within the p9Wes-s Of the United
States 70 punish for q Sconsplt racy TO faieels
imprison for murder within State than 4
would be to punish for false in, ,1risonmenl
or murder Itself. The fourteenth amend
ment prohibits a State from deprfying any
person of life, liberty, or property, without
due process oflaw, but this adds nothing to
| the rights of one citizen as against anot her.
| It simply furnishes IA additional guaranty
against any eDcroachment by the States apo. d
| the damental rights which belong to ever,
citizen as q member Of society. AS was said
by Dir. Justice Johnson, In Bank Of Column.
bia Us. Okely, 4 Wheat. 2Ef, It secures ssthe
individual from the arbitrary exercise OF the
powers Of Government unrestrained, by the
established principles Of private rights and
distributive justice" These counts In the
Indictment do not call for the exercise Of any
OF the powers conferred by this provision in
the amendment.
The fourth and twelfth counts charge the
intent to have been to prevent and hinder
the citizans named, who were OF African de.
scent aud persons Of color, In "the free ex-
ercise and enjoyment of their several rights
and privileges to the full and equal benefit
Of all laws and proceedings then and there,
before that time enacted or ordained by the
said State of louisiana and by the United
States, and then and there st that time being
In force In the said State and district OF LOU
isiana Aforesaid, for the security of their re-
spectiye persons and property then and there
of that time enjoyed at and within said State
and district of Louisiana, by white persons,
being citizens Of said State OF Louisiana
and the United States, for the protec-
ton of the persons and property of
said white citizens" There is no allie.
CATION that this was done because Of
the race or color of the persons con.
spired against. When stripped of its YER
biage the case as presented amounts to no.
thing more than that the defendants con.
spired to prevent certain citizens Of the
United States, being within the State Of
Louisiana, from enjoying the equal protection
Of the laws Of the State and of the United
States. The fourteenth amendment prohibits
State from denying to any person within
its jurisdiction the equal protection OF the
laws but this provision does not any more
than the one which precedes it, and which
we have just considered, add anything to the
rights which one citizen has under the Con.
stitution against another. The equality of the
lISutS VI tlt'LCuS PAfuSlp va kSpduliCah-
| ism. Every republican government Is in
duty bound to protect it's citzents in the en-
ljoyment Of this principle if within its
| power. That duty was originally assumed
! by the States, and 1t still remains there. The
only obligation resting upon the United
States Is to see that the States do not deny
| the right. This the amendment guarantees,
but no more. The power of the National
Government is limited to the enforcement of
| this guaranty. No question arises under the
civil rights act Of April 8, 1865 IA stat, 27).
which is intended for the projection of the
citizens of the United States in the erioy-
ment Of certain rights without discrmlna-
ton on account of race, color, or previous
| condition of serytude, because, as has already
! been stated, it is nowhere alleged in these
counts that the wrong contemplated against
the rights of these citizens was on account
OF their race or color. Another objection
| is made to these counts, that they are too
vague and uncertain. This will be consid-
cred hereafter in connection with the same
objection to other counts. '
The sixth and fourteenth counts state the
intent Of the defendants to have been to hin.
der and prevent the citizens named, being Of
African descent and colored, "in the free ex.
ercise and enjoyment of their several and
respective rights and privileges, to vote at
any election to be thereafter by law had and
held By the people 10 and of the said State
Of Louisiana, or by the people of and 10 the
parish of Grant aforesaid"
In Minor Us. Happersett III WALL. 17S) we
decided that the Constitution OF the United
States has not conferred the right of suffrage
upon any one, and that the Unfted States
have no voters OF their own creation 10 the
States. In the Uuited States Us. Reese, just
decided, we hold that the fifteenth amend.
ment has invested the citizens OF the United
States with new constitutional right, Which
is exemption from discrimination 10 the eXer-
else of the elective franchise on account of
race, color, or previous condition OF serYitude.
From this it appears that the right OF Suffrage
is not necessary attribute of national citizen
ship, but that exemption from discrimina-
ton in the exercise of that right on account
of race, &C., is the right to vote in the States
comes from the States, but the right Of ex'
emption from the prohibited discrimination
comes from the United States. The first has
not been granted or secured by the Consti-
tuition of the United States, but the last has
been. Iuasmucb. therefore, as it does not
appear in these counts that the in eat Of the
defendants was to prevent these parties from
exercising their right TO vote on account OF
their race, &C., it does not appear that it was
their intent to Interfere with any right
granted or secured by the Constitution or
laws of the United States. We may suspect
that race was the cause of the hostility, but
it is not 50 averred this is material to de.
scrption of the substance of the offence and
cannot be supplied by implication; every
thing essential must be charged posi-
lively and not inferentially; the de.
feet here is not in form but 10
substance. The seventh and fifteenth
counts are no better than the sixth and four.
teenth. The intent here charged is to put
the parties named in, great fear Of bodily
harm and to injure and Cypress them be.
cause being and having been in ell things
qualified they had voted at an election before
that time, had and held according to law by
the people OF the said State of Louisiana,
In said State-to.wit: On the 4th day OF
November, A. D. 1872, and at divers other
elections by the people of the State. also be-
fore that time had and held according to law.
There is nothing to show that the elections
voted at were any other than State elections,
or that the conspiracy was formed on &C
count of the race Of the parties against
whom the conspirators were to act. The
charge as made is really of nothing
more than conspiracy to commit breach
of the peace within Estate. Certainly II
will not be claimed that the United States
have the power or are required to do mere
police duty In States. If State cannot pro.
tect itselfagainst domestic violence the United
States may, upon the call of the Executive,
when the Legislature cannot be convened
lend their assistance for that purpose. This
;,o >c IN ri oil