Huntsville gazette., 1882-08-12
wHosELAw is THIS ?

A decision has been rendered by
Associate Justice Woods, OF the UNI
ted States Supreme Court, sitting as
Judge of the United States
Circuit Court for Texas, which
amounts to as complete an oblltera-
ton of the utility Of the fourteenth
and fifteenth constitutional amend
ments as the Dred Scott case was OF
the Somerset case and of the black
mans rights. The facts Oh which the
case arises are as follows: Israel LIE
Grand and two other white men were
tried in the United States District
Court in Texas, before Judge Morrill,,
for conspiracy against a colored
man named Dolton, and for going on
his premises and beating and shoot
ing him. as a means of intlmldatlng
him from testifying in certain GRIM
inal case
They were prosecuted under sec
tion 5,519 of the United Revised Stat
utes,, passed to give effect to the four
teenth and fifteenth amendmentf,
which is as follows:
Section 5, 5,519-If two or more person
in any State or Territory conspire to go on
the highway or on the premises OF another
for the purpose Of depriving, either d.
rectly or indirectly, any person or class OF
persons OF the equal privileges and inmu-
mites under the laws, or for the purpose
of hlndering the constituted authorities Of
any State or Territory from giving or Sc
Territory the equal protection of the laws
each of t.nch persons shall be punished by
a fine cf not less than $500, nor more thar
s5, 900, Or by Imprisonment, with or With
out hard labor. not less than six months
nor more than six years, or by both sucf
fiAe and imprisonment
In the trial before Judge Morril
the constitutionality of the statute wa
denied by the defense on the grounC
that the fourteenth amendment on ,
authorized Congress to devise sucl
legislation as shall have the effect t.
restrain States, and in no way author
lied Congress to pass any law in re
straint of a citizen. The language o
the fourteenth amendment is:
No State shall make or enforce any lav
which shall abridge the privileges or i'm
munities Of citizens of the United States
nor shall any State deprive any person 0
life. liberty, or property without due pro
cess of law, nor deny 10 any person within
its jurisdiction the equal protection of it
laws.
This provision, it was argued, EN-
powered Congress to pass an act re
straiuing State from depriving
colored citizen of his rights by an,
+ of its Legisl tture, but no power i
therein given Congress to pass to an,
act which shall restrain the citizen o
any Southern State from shooting ,
negro if they prefer that he shoult
not testify in any case in which they
have an interest.
vi course, II the argument IL g0oC
against section 5,519, it is equally
good sections 5,5O7, 5,5OS, 54O9 anc
5,5l6 to 5,518, inclusive, all Of which
were framed pursuant to the same
amendment for protecting the colprec
people in the Federal courts in theil
social. civil, alrl political privileges
The District Judge Morill) held
the act constitutional and levied the
fines o. appeal to the United States
Circuit ouir. Jr lge No' Is reversed
the jude merit al susi il I'd the OBJ
lectinns II the prisoners counsel to
the constitutional of tn law.
The Judga Woods whn rendered
this decision - ons: Of Nlr. :laye7 ap-
pointm nts tn the Supruma Court,
9 went down from ONO 70 : ALBANIA
in order 10 lepres' mt me D thern
States in the supreme Court, anu we
suppose he rAnders this decision iii or
der to prove T. ihe people Of the
South that he his got acclInated.-
Inter Ocean