The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-07-26
,ored Democrat on this floor In the next
Congress from the black district Of SCUM
Carolina. Applause on the Democratic
side.l
An important Decision.

when the enforcement bills were up for
action upon them in the United States Sem
ale. Mr.. THURMAN and other Democrats ar
vued over and over again That the bills
were not authorized by the new constif,l-
tioual amendments; that when an amend
ment declared that "no State shall do 80
and So" it meant State and not persons.
Just as the provision that no State shall pass
any law impairing the obligation OF con-
tracts had been always held to re provi-
sion which no person could as person
violate, so the provision that no State shall
deny equal rights to negroes means
what Il says, and cannot be made
to apply to persons. II violated at ALL
II would have to be done by State
acting through its Legislature. These
arguments, however. made no impression
upon the Republican haters and libellers
Of the South, and so they went on and
nassed their Infamous enforcement acts.
But we are told that Justice WOODS, OF
the United States Supreme Court. sitting
in the United States Circuit Court Tor the
district OF Texas, &C., an Ohio man, though
appointed 20 the bench from Georgia, where
he has resided for number OF years. has
come TO the conclusion at this late day that
his fellow-citizen Of Ohio, Senator THUR
MAN. was right. The New Orleans Plea
,atne reports the case as follows;
..Israel LeGrand and two other white
men were tried in the United States Court
I'm Texas, before Judge Morrill,, for conspi-
ring against negro named Dennis Bottom,
and for going on Bottoms premises and as
saulting and shooting him, especially for
the purpose of depriving him, the said Boil
ton. on account OF his said race and color,
OF his right and privilege to give evidence
in certain criminal prosecution The
constitutionality OF the law under which
LeGrand and others were prosecuted was
denied by the defence, and Judge Morrill,
overruled the objection. An appeal was
taken and Associate Justice Woods re-
versed the decision OF Judge Morrill,, In an
elaborate decision, and ordered that the
prisoners be discharged"
Judge WOODS follows Senator THUR
MANS line OF argument. He says that
Congress has no right to go beyond the
specific grant Of power made in the Fede-
raj Constitution. We quote again:
"When the Constitution fourteenth
amendment) says that mo State shall make
or enforce any law which shall abridge the
privileges or immGniteS OF citizens OF the
United States 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 equal
protection of its laws Congress Ia, no
authority except against the State. When
LeGrand and others conspred against and
maltreated Bolton, it does not follow that
the State of Texas had abridged Bottoms
privileges and immunties, or denied him
the equal protection OF the laws. FINALLY.
when State has not violated the COnsti-
tuition Congress has no power to punish
individuals who, without having authority
from the State, have been guilty OF such
violation"
If that decision shall be sustained 10y the
Supreme Court of the United States, away
will 90 the entire batch Of enforcement
acts. Not one line of them all VIII be left
that is, not one line which makes person
responsible in the courts for acts which
not they but the States are forbidden to do.
But it is scarcely TO Unexpected that the
Supreme Court OF the United States will
see with unbeclouded eyes, as Justice
WOODS does. Let us hope for the best,
bou