The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1882-08-17
The Unconstitutionality OF the Kuklu1
Act.

The decision of Judge Woods, of the
United States Supreme Court, in the
case of LeGrand, as reported for the
Galveston Ne,os, is published to-day. 1t
goes quite as far as the synopsis published
formerly in the Ncws and Courier led us
to suppose.
The decision Of Judge Wocis is on
tue lire Of ths decisions OF the United
States Supreme Court on similar sub
jects, and Judge Woods himself, before
his elevation to the Supreme Bench, at
tackled vigorously the constitutionality
and carried the Supreme Court with him.
If his present decision be sustained, os
we have no doubt that it will be, the
whole Kuklux Law falls to the ground,
on account of defects in the phraseology
Of the Statute, and for the higher reason
that the Constitutional amendments must
act upon tho State and not upon the in
dividual offender. A citizen whose rights,
as guaranteed by the Constitutional
amendments, are impaired in any way
by State legislation, or by the acts Of
State officers, 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 true. and will
declare unconstitutional any State law
which Is in violation of the Constitution.
The prohibitions contained in the XIV
and XIV amendments must be enforced
in the same manner as the prohibitions
in the original Constitution and the
earlier amendments.
Under the decision Of Judge Woods
the whole of the indictments in the
Southern States under the Kuklux law
were illegal. The States were rayaged
by cavalry. Thousands of quiet citizens
were driven from their homes. On the
testimony of lying witnesses number
of the accused were convicted aud sent
&c Albany Penisen.ia-y, there to Ian
guish for years. 1t nov is shcwr that
:hey were convicted with less rea. au-
thority than if they had been the vic
Tins of drum head court-martial. The
fact that some of the accused were prob.
ably guilty of some of the charges
brought against them does not lessen the
wrong that was done il convicting them
without warrant of law.
BY parity of reasoning Judge Woods's
decision nullifies the sections Of the Re-
vised Statutes under which the Ellenton
prisoners were tried. There was mis-.
trial in those cases, and the objections
have not been adjudicated. The practice
is to assume that every law and every
part of IL, having political application,
is constitutional. Every objection made
by the defence is overruled, the defen.
dants having the power to move in arrest
of Judgment if they be convicted. It is
most unjust way of proceeding, as 1t
postpones the final adjudication OF vitality
important questions. When there is a
mistrial or an acluittal, there is no way
to obtain decision from the Supreme
Court on the points submitted, and, as in
the case Of the Kuklux law, a statute
which may be nlanifestly unconstitution-
al remains in full force as q means of
plaguing and persecuting the political
opponents of the party in power. In
the Kuklux cases, in this State, there
was no division of the Court, and no
suspension of sentence. A decision by
the Supreme Court could not have been
had until about the time that the prison
ers had served out their sentence.
The Kuklux laws have fulfilled their
purpose, and, as cold reason and respect
for constitutional limitations resume
their sway, we shall expect to see statute
after statute of the Reconstruction
period pronounced unconstitutional. In
this sense the American revolution will
go backwards. The Republicans will
then be recognized fully as the wanton
violators of the Constitution, and, as
such, the worst enemies Of the Republic.
= An Arkansas bridegroom caugh.