The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-10-18
THE BLACK MANS WRONG
Grievances Suffered by Colored Peo-
pie in the State of Arkansas.
Opinion of Attorney General Brewster to
the Effect that the Government Has
No Power to Interfere

WASHINGTON, Oct. 1.-THE Star says: J.
W. Niles, of Arkansas, who advocates ''separa-
ton for colored people," has received from
Attorney general Brewster an answer to his
communication, addressed to the President,
alleging that the colored people of Arkansas
were suffering certain grievances at the
hands not only of private persons but of
the civil authorities. The Attorney-general
says:
"Your statement has received careful atten-
ton, for good citizens, whether in public or
private station, will not regard with indif-
ference injuries such as those under
which these people are said to be labor
raise questions of law, and so, of course,
are to be determined by the constitution
of the United States as interpreted by the
Supreme Court. For instance: 1t is very
much to be regretted that impede
ments should be thrown in the way
are making to better their condition
by regularly entering and settling upon
pablo lands; but it appears that the particu-
lar lands of which you speak are public
lands of the State of Arkansas. That State
has entire control of them, clearly. The
United States having no power over the sub
ject, cannot interfere for your relief, nor can
the United States interfere by their execu-
tive power in respect to the prosecutions
of which you complain or the fines which
you represent are so oppressive and en-
enforced by. Imprisonment. If the laws of
Arkansas under which these prosecutions
and these fines are imposed, are contrary to
the constitution of the United States, a rem
edy has been placed by that constitution in
your own hands, by appeal from the judg-
ment OF the State courts TO the Supreme
Court of the United States. The same is true
of the cruel punishments inflicted upon the
colored people at prison farms, to which,
upon trifling pretexts they are condemned.
IL the State laws under which such proceed
ings are had are unconstitutional the only
remedyis by appeal to the highest court of the
State, and from that to the Supreme Court of
the United States. The executive of the
United States has no power whatever
in the premises As to mere mob violence,
neither the President nor any other author
ity of the United States can afford redress. 1t
is only in a case of such instruction as the
State cannot put down that the power of the
executive of the United States can be en-
ployed, and then only when invoked by the
Legislature or Governor The judicial power
to try and punish individuals who make up
such mobs and commit such outrages as you
describe, is in the State alone These acts are
directed against life and personal liberty"
After citing the Cruikshanks case (92d u.
s., p. 554) the Attorney general proceeds. He
refers to the impossibility of Congress enact
ing laws to bring such cases into the United
States courts. The attorney general concludes
by say ing II believe, upon due consid-
Grafton, the good citizens whom you repre-
sent will admit that theirremedy lies in such
appeals to public opinion within the State of
Arkansas as have always heretofore pre-
vailed and whilst the cause of free govern
ment and human happiness remains hope
ful must always hereafter prevail in the
long run to the suppression of wrong and
advancement RIGHT
men," -
Miles sgared an address to the col
ored people declaring that their only saliva
ton is to prepare to leave this country.