The daily Argus. (Rock Island, Ill.) 1873-1877, 1876-08-24
this time they have been ''too clever by
half p'-Neao York World.

President Grant is no lawyer, but he
knows that the supreme court. in solemn
Judgment pronounced last March. decided
that the enforcement law is uncon-
stitutional. and that the federal executive
has no authority to interfere to enforce the
fifteenth constitutional amendment.
After declaring that the right to vote shall
race or color, it proceeds to say that "con
gress shall have power to enforce this
article by appropriate legislation. Con
gress did legislate and passed the very
elaborate act known as the enforcement
law. But that law covered too much
ground; it included subjects on which the
fifteenth amendment confers no power, and
the supreme court decided that its con-
stltutionai and its unconstitutional features
we're 50 blended and interwined that it had
neither ability nor authority to disentangle
them, and that the whole act is void by
reason of Its unconstitutional provisions.
we are not able" said Chief Justice
Waite, in delivering the opinion of the
court, to reject part which is uncon-
stitutional and retain the remainder, be-
cause it is not possible to separate that
which is unconstitutional from that which
is not. Within its legitimate sphere
| congress is supreme and beyond the con-
troll of the courts; but if it steps outside
of its constitutional limitations and at
tempts that which is beyond its reach the
courts are authorized to, and when called
upon in due course Of legal proceedings
must, annul its entertainments upon the
reserved power of the states and the
people, To limit this statute in the man
ner now asked for would be to make IL
new law, not to enforce an old one. This
is no part of our duty We must there
| fore decide that congress has not as yet
provided by appropriate legislation for the
punishment of the offence charged in the
indictment.
This authoritative decision settles the
whole question as to the power of the ex-
ecutive Or the courts of justice to enforce
| the fifteenth amendment under existing
legislation. The thing stands now precie-
ely as if no law had ever been passed on
the subject. 1t is too clear that the fif.
teeuth amendment is not self-executing,
and, the law that was passed for enforcing
it having become dead letter by the ac-
ton OF the supreme court, the president
has no other or greater authority to em-
ploy troops than he possessed previous to
the new amendments to the constitution.
The supreme court conceded that congress
has power to supply such legislation with
in certain limits; but inasmuch as the SEN
ate and the house have been controlled
by different political parties since the de.
cision was made no substitute has been
passed for the defunct act, and the presi
dent can legally employ troops in state
only to suppress domestic violence in com
pliance with a call from the stlc .,Aisia
ture or governor. The order to Genera
Sherman, therefore, amounts to nothing
practically, and is mere eloctionecring
trick.
A military order based upon an act Of
congress would be entitled to respect; bu
a resolution of the house is not law. but
, mere declaration Of opinion. 1t has no
binding force on the executive; it confer:
no authority; it is no proper foundation
for official action by any department OF
the government. The president is re-
CURED to execute the laws, bnt the Scot
5 Lord resolution is not law; and even If i
5 we're it could justify 10 such measure a:
has been ordered by the president. Tn
? resolution does not contemplate militar,
action, but action By the courts-uot pre-
S vention, but punishment Its language i
a that in any case which ha
heretofore occurred or may occu
. hereafter in which violence Q
a murder has been or shall be committed b
one race or class upon the other tn
prompt prosecution and punishment of tn
b criminals in any court having jurisdictio
" is imperatively demanded" But wha
courts have jurisdiction? Not those of th
" United States, certainly, in the prescr
state Of the law, but only the courts
the particular states within which sue
c violence is Tperpetrated so that even
this resolution of the house were an al
u Of congress in the same words it won
Q confer no authority on the president
d interfere. -Neto York Herald.