The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1882-08-04
The Un,oast,tu.ionality of the KuIiux Act.

The decision of judge Woods of the United
States Supreme Court, in the case IF LrGrtmI.
as reported for the Galveston Ncrs. is pr bii~hcd
to-day. 1t goes quite rs far as the synopsis
published formerly in the Ncwt dHd CoUricr lei
us TO suppose.
The decision Of Judge Wool. is on the line If
the decisions of the United States Suprcmc
Court on similar subjects, and Judge Woods
himself before his elevation to the supreme
Bench, attacked vigorously the com.litutionality
"t the provisions OF the kukiux laws amt car
red the Supreme Court with him. ii his pres.
ent decision he sustained. as we have no doubt
hat il will be. the whole Kuklux law falls to the
ground, Oh account Of defects in the phras ,ulugy
"l the Statute, and for tho higher reason that
the Constitutional amendments must act upon
the State and not upon the individual offender.
citizen whose rights. guaranteed by the
Constitutional amen lmcuts. are impaired in any
way hy State legislation. or by the acts of State
oihcerS, 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 IrVvc TO hc trur, aud will declare
unconstitutional auy State law which is iu vp
laii"n 9th" Constitution. The prphihiipnS con
taiucd IN the XIV and Nv amendments must bc
enforced i'll the snrnc manner rs the prohibitions
in the original constitution AMI the earlier
amendments.
Under the decision Of Judge WurdS the Whole
Of the Indictment. III til" Southern States rnicr
the kukluX law were Illegal. The States were
ravagcd By cavalry. Thousands Of quiet ciii
zcns were driven from their homes. On the
testimony Of lying WITNESSES Il number of ,hc
accused were cOnyi ;tcl and sent tu Albany Pen
cntiary, there To lnnguish for years 1t now is
shown that they were convicted with less real
authority than # they had urcu the victims II u
drum head court martial The fact that some Of
the accused were probably guilty Of some Of the
charges brought against them does not Lessen
Il. A..
without warrant of law.
By parity Of reasoning Judge Woods decision
nuIliEcS th" sections Of the Revised Statutes
under which the Ellcuton prisoners were tried.
There was miSral in those cases. AMI The
objections made 10y the counsel for the ,.clcpcc
have not been n ia licucl |. The prlcrc, III
the United States Court in this State is to as-
sumo that every law and every part ot it, hav- |
ing Po.itIcal application, Is constitutional |
Every objection made hy the defence is over. |
ruled, the defendant, haviu" the power to move |
in arrest Of Judgment il they hr convicted. 1t |
is \ most unjust way Of proceeding. ~ it post |
poncs the final adjudication of vitality important !
questions. When there is msIrIa or an !
AcpuUtll. there IS no way To obtain decision !
from the Supreme Court on the points submitted. |
and, as III the case Of the kuNiux law. statute
which may lac mauifc>tly unconstitutional re-.
mains in full force ~ n means Of plaguiny AMI !
prosecuting the pulIticll opponents Of the party
in power. In the kukuY eases. III this State.
there was ~ division Of the Court. AMI u" SIS.
pension Of sentence. \ jrciSi lay the sun
RENE Court could not have been had until about
the time thaithc prisoners hai served out their
sentence. The kuklux laws have fulfilled their
rurr,S sc, and aS cold reason aul respect ter
constitutional limitations resume their sway.
We shall expect t. statute after statute # tho
J, reconstruction period pronounced unconslitu-
EsnE. la this sense the American revolution
WI! g. backwards. The Republicans mlI then