The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1882-08-04
The un.oast,tusionality Of tho Kuklux Act.


The decision of Judge Woods, Of the United
states Supreme Court, in the case of LcGrauL,
as reported for the Galveston Ners is pu bished
today. 1t goes quite rs far as the synopsis
Puoiished formerly in the Neus and Courier led
MS to suppose.
The decision of Judge Woods is on the line of
the decisions of the United States Supreme
Court on similar subjects, and Judge Woods
himself, before his elevation to the Supreme
Bench, attacked vigorously the constitutionality
Vt the provisions OF the Kuklux laws and car
ried The Supreme Court with him. If his pres
ent decision be sustained. as we have no doubt
mat 1t will be- the whole Kuklux In, " falls TO the
ground, Oh account of defects in the phras eology
ot The Statute, and for the higher reason that
the Constitutional amendments must net upop
me state and not upon the individual offender
citizen whose rights rs guaranteed by the
constitutional amendments, are impaired in any
way ny state legislation, or by the acts of State
othcers, has the right of appeal to the Supreme
Court of the State. and thence to the Supreme
Court of the United States, which tribunal will
set aside the proceedings against him, if his
allegations prove to be truH, and will declare
unconstitutional any State law which is in vio-
lation fthe Constitution. The prohibitions con-
talned in the XIV and XIV amendments must be
enforced in the same manner rs the prohibitions
in the original Constitution and the earlier
amendments
Under the decision Of Judge Woods the whole
ot the indictments in the Southern States Inder
the kuklux law were illegal. The States were
ravaged by cavalry. Thousands of quiet cit-
zens were driven from their homes. On the
testimony of lying Witnesses number of the
accused were convicted and sent to Albany PEN
entiary, there to languish for years. 1t now is
shown that they were convicted with less real
authority than if they had oeen the victims of n
drum head court martial. The fact that some of
the accused were probably guilty of some of tn
charges brought against them does not lessen
the wrong that was done in convicting them
without warrant of law.
By parity of reasoning Judge Woods decision
nullihes the sections of the Revised Statutes
under which the Ellenton prisoners were tried
There was n mstrial in those cases, and the
objections made by the counsel for the defence
have not been aiuiicated. The practice in
the United States Court in this State is to rs.
sumo that every law aud every part OF il, hav-
ing political application, Is constitutional -
Every objection made by the defence is over
ruled, the defendants having the power TO move
In arrest Of judgment il they b. convicted. Ii
Is most unJust way of proceeding. rs it post
pones the final adjudication of vitality important
questions. When there is mistral or an
acquntai, there is no way to obtain decision
from the Supreme Court on the points submitted,
and as n the case Of the Kukux law, y statute
which may be manifestly unconstitutional re-
mains in full force means of plaguing and
prosecuting the political opponents of the party
in power. In the Kukux cases. in this State
there was no division Of the Court, and no sus.
pension Of sentence. A decisi n by the Sup.
RENE Court could not have been had until about
the time thatthe prisoners had served out their
sentence. The kuklux laws have fulfilled their
purpose, and, rs cold reason and respect for
constitutional limitations resume their sway
we shall expect to see statute after statute of tho
Essonstraction period pronounced unconstitu-
snH In this sense the American revolution
ufa 20 backwards. The Republicans will then
Ia reeAgs;zed fully as tho wanton violators of
t.s Constitution, and, such, the worst enemies
81 The Repablic.-fewJ and Courier