The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-02-12
THE LAW or THE CASE.


The right and authority Of the United States
In either case, whether In the exercise of the
powers afIlrmatively delegated, or In the pro
lection Of the liberties Of the people against
! the .isurpatlops Of Congress and Of local gov
ernments, In case Of any attempt upon their
part to assume and exercise powers prohibited
to them are precisely the same. II Is just as
much the duty Of the United States to en-
force the fifteenth amendment AZ it Is b pro-
vide and maintain n navy or 10 regulate com
meree with foreign nations, and Its authority
In the premises II identical
Still there Ia broad distinction between the
affirmative power to do, aud the latent power
TO enforce prohibition. The first ls an origi-
nal attribute Of sovereignty, and In its exer-
else the Federal government deals directly
With the people and with society. over whom
1t possesses all the authority Of government
TO the extent of the delegation OF power. The
second IL purely a conditional power, which
must remain latent until there has been m
actual infraetlon Of the rights guaranteed the
people IN the constitution, and which the
United States government Ia bound to pro-
tect. In the exercise of this power the Fed
eral government deals solely with the States,
and whatever powers uf Legislation IL may
have In the premises whether expressly dele
gated or implied, must be addressed to the
States and directed against them.
| In such cases the Federal government has
no dealings. directly with the people n does
not occupy towards them the attitude Of
sovereign but simply that Of conservator,
champion Of their personal and property
rights against the aggression and tyranny Of
local authority. In such cases II has the right
to cay TO the States that they shall not in
fringe upon or violate tho rights Of citizens of
| the United States az guaranteed In the con
stituton. II has also the further right to
| compel The states TO respect these rights. and
TO require Of them TO make the people subject
| to their authority respect them ne among
themselves But, to enforce these rights as a
sovereign. or to enact laws for that purpose
chat will take effect upon individuals. it has
no authority whatever, nor IL there anywhere
In the constitution one word 30 justify the as
sumption Of any such powers.
The distinction we have drawn ia clearly
laid down by Judge Bradley. in his decision
In the Grant parish cases. and also IN the
opinion Of Chief Justice Waite, affirming that
decision. In rendering the Judgment Of the
court, Judge Bradley said.
The first count Ia for conspiracy 10 Interfere
with the right to peacefullf assemble together
with each other and with other citizens for a
peaeeable aud lawful purpose" This ripht Ia
guaranteed In the first amendment to the con
stitution, which declares tHat Congress shall
make no law abrldgng the right Of the people
peaeeably to assemble and to petition the gov
eminent for redreas Of grievances.
Does the dlsafiltmance Of the power Of Con
gress to prevent the assembling Of the peop @
amount to any affirmative power to punish In
divduais for disturbing asuambliae2 This
trJud be q strange inference. That Ia he prp,.o-
qatipe Of The State'. Il belongs to the preserya-
ton of the public peace anJ tho fundamental
rights OF the people. The people Of the States
demand that II shall not Interfere with It.
Has anything since occurred 70 give Con-
gress legislatiye power over the subject natter
The fourteenth amendment declares that no
state ahall by NV abridge tho privileges or i'm
munities Of citizens of the United States. Grant
from is With n be To- e Ssaes
haing one Of such privileges and lmmunities.
still does i give TO Congress- the power TO legis
amendment il oil that is gipen 10 Congress ri
me amendment is not Violated. il has no porrer
orei the subject
The amendment can be violated only BY the
State, whose duty and "prerogatlve' IL ia to
legislate on the subject and "to punish indi- |
vduals for disturbing assemblies" In viola
ton Of It's laws
Again says Judge Bradley.
The third count charges d conspiracy 70 de- |
ptiva certaii, citigans OF African descent of |
their lives aad liberties without due process Of |
law. Every murderer AM robbar does this. |
Congress- surely is not vested with power to |
lssi.late ior tho suppression and punishment
mtted within the States.
In Affirming this ectsioD Of the lower court
the Supreme Court, through its Chief Justice
said
The only obligation of The uniied statea IA ~ |
ace that the states do not deny Tie right The |
amendment guarantees that aud no more Ths |
porer Of me United States is limited TO The en- |
forcemen OF this guarantee
This is the construction placed by the high |
est tribunal of the land upon provisions OF the |
constitution exactly similar 10 those under |
which the prosecutions now going on In this |
State are being conducted. The court, In the |
passages quoted, referred to the guarantees |
Of the peoples rights to peaceably assemble |
and to bear arms, and to the fourteenth |
The only other provisions OF
the constitution urged In support Of the va |
lidty OF the election laws. under which these |
cases have arisen, are the fifteenth amend |
ment, which says that "the right Of citizens
OF the United States to vote shall not be
denied or abridged by the United States |
or by any State on account OF race color or |
previous condition Of servitude and section |
OF article 1. under which it Is claimed, with |
brazen effrontery, that Congress has the right |
to overlook and enforce the practical exercise |
OF the right of suffrage In congressional cleo |
tons.
The language OF the amendment Is too |
plain for argument, and the application OF |
the doctrine of the courts 80 palpable that a |
man, though fool, cannot fail |
to see 1t. The second pretense is even |
fiimsier. That article under which it |
Is set up has always been part of the |
yet the control OF the franchise,
Its protection and assurance to the people, |
under any and all circumstances, has |
always been regarded as prerogatiye OF |
the States. To paraphrase the language of |
Judge Bradley, the fifteenth amendment de-