New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-12-10
SOMETHING POSSIBLE TO BE DONE.


State laws and the States must be left to deal
with the offenders Neither your force legislation,
northe Constitutional amendments upon which it's
based, reaches these cases. The Supreme Court has
decided this. This whole STIR is made for the pur-
pose of arousng sectional strife and to enable the
Republicans to gain party advantage"
The belief seems to be pretty general among Dem
Ocrats and to be shared to extent by Republi-
cans, that no further legislation under the XVIII
Amendment is pOssble that the Enforcement Act
itself has been declared by the Supreme Court to be
defective; and that tho power of Congress extends
only to preventing the States from passing laws dis
eliminating against the cOOred people in the matter
Of suffrage.
But the ground always held by the best Repub-
lican lawyers in Congress is that the XVIII
Amendment authorizes Congress to pass any law
that may be necessary in order to give it full force
and effect in spirit well as in letter. More than
this, it is held by distinguished Republican Sem
ators, and Will hardly be denied by Democrats, that
the original Constitution gave to Congress all the
power necessary to enable it to control all the ma
chinery of election for members of Congress. The
section comforting this power on Congress is the
fourth of the first article, and is in part as follows
The times. places aud manner OF holding elections
ioI 9eI.a,"Is "n sn ht h Conress
may ut time by law make or altar such regulations
except as ID tue places OF CHOOSING SENATORS.
Under tins section, Congress has already fixed the
time Of eccting both Senators and Representatives,
and has enacted that United States Supervisors and
United States Deputy Marshas shall be present at
elections for Representatives, with free access
to the boxes during the voting aud the
counting of the votes Under this same
authority Congress may go still further and
declare what kinds of ballots shall be used at cleo
tions Of members of the House Of Representatives,
how they shall be received and counted, and even
that such elections shall he managed and returns
made by United States officers alone thus correct
ing the very evil complained of in South Carolina.
The impression that an adverse decision in regard
to the scope OF the last amendments to the Consti-
tuition has been made by rhe Supreme Court grows
ont of an opinion on the XIYth Amendment in the
case Of the United States against Crukshdnk, in
which the Court said
The XVIII Amendment prohibits the State from
denying any person within It's Jurisdiction the equal
protection ofthc laws But this provision does not, any
more than tue one which have Just considered, add
anything the rights which one CL,n mas unuct tnc
Contribution against The equality OF the rights
OF citizens a principle OF repuohcanlsn. Every Ke-
publican Government Is Ia duty bOdud TO protect all lts
Sl'ff"' IN wlt ihS Soy power Tna duty
sill romans there. The only obligation resting upon
the United States to that the states do not deny
more The power of the National Government IL limited
to the enforcement OF tins guaranty.
This decision, it will be seen, refers only to the
XIVth amendment and in spite Of it the best Re
publican lawyers of the Senate declare that the
XIVth Amendment itself confcrs the right to
enforce its provisions. The language NOR
shall any State deprive any person of life,
liberty or property without due process of law,
nor deny to any person within its jurisdiction the
eonaI protection Of the laws" was IN substance,
copicd from Magma Charia and it has always been
held that the prohibitions IN that great in
strumcnt upon depriyIng persons OF rights,
or denying protection, meant more than
the most literal construction OF the words
would mean They meant that the King should
insure the enjoyment of these rights AZ well a. not
deny them. So in the present instance the AlNth
Amendment not only prohibits the States from de-
pryng all citizens Of civil rights by formal enact
mcnt but IL makes it the duty of the states
to take measures 10 insure all their citizens
in the enjoyment of these rights, and If they do not
do this then Congress has the power by appropriate
legislation TO enforce the provisions OF the Consul
tuition
IL has already been said that Republicans
have held in regard to the XVIII Amendment
that Congress has the power to pass many
more and more stringent, laws than have
vet been enacted ia order to enforce its provisions
This WAS the ground held when the enforcement Bill
WAS passed. Mr. Carpenter SAID of it at that time
that this amendment 10 the Constitution
il annie and full and clothes Congress with !
all mower TO secure the end when II !
declares shaIllc accomplished Others used some
what similar language. The opinion OF the supreme |
Court IN the case Of the United States ast' |
Reese does not shake this position III the least II
suply declares that the enforcement act il dcfec-
tive as will be seen by the following extracts
Rights or immuncs created BY or dependent utoI
tpc Constitution ~ the United states can be projected
by Congress The torn and manner % Tue Plolccs'o
may ne zach az Congress ~ the lgEI'iaa' az .
io meet the necessities OF particular rshI 10 oe PIo
Thr XVIII Amendment docs not confer tho right Of /
suffrage upon any II prevents the STATES OF me
United States however, from giving pI'irrSCc III LUIS
nrticulgi To one ciuzru the United states over an
olmei U Tfrc ~ oontlon ths could De done 1t
seiyl,uua, n',oIJ 81, , pow"r oI a state TO exclude
citizens II the United states from Young On uoy"' VI
J ,rotio1 Now /, is not Irczrns Of one race, lay-
inc qualifications arc permitted by law to vote, those
cist hc prcyIcns to this amcndnynt there |
was constitutional guarantee ma, ngai", ,Dot me me
discrimination. Now there H. II follows t' h tnt
amendment has invested the citizens OF thc uniGGn
states with new constitutional RIM Mngn % n,m
the protecting power Of Congress lhaI git Is JAcr
ton from discrimination IN the exercise Gl tHo
franchise account Of race Color OF t ta
OF servitudc. This under the express P.Oyislos w
second section OF the amendment Congress may euol'o
we IpsT therefore decide that Congress has not vet
provided by appropriate legislation, Tor inc PUBLISH
ment OF tie offence charged III lhe lhu'''ni'h''
IT, therefore it becomes necessary for Congress |
70 take the machinery of election for Keep
rescptatiyes out of the hands OF state |
officers entirely, in order to insure nom
osty aud fair treatment of all citizens, 1t can
be done under the authority given by the onglhai |
Constitution If any State fails to insure to all |
~ cit;%eng the rights and immunites guaran- |
fec by tie XVIII Amendment, CONGRESS can
take measures 10 insure the egoymchvL n.y., 81 |
thnse rights If the laws passed under the ~ "a
dclrrfivc then they can be amended,
III am insssti,attou for the purpose of ascertalnlng