The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1883-10-18
THE C0L0RED MAN
AND HIS HARD TIME IN ARKANSAS.
What the R.e. Is sun.rIar at the Hands of Private
Persons and Civil AathorIties-A Letter from
Attorney General Breustet-The Gov.
srnmeht POwsrles In Their Stress.

WASHINGTON, October 1.-THE Star says
Mr.. J. W, Niles, Of Ark, who advocates a
separation for the colored people, has re.
ceived from Attorney General Brewster an
answer to bis communication, addressed
to the President, alleging that the colored
people OF Arkansas were suffering certain
grievances at the hands OF not only private
persons, but Of the civil authorities. The
Attorney Generals letter says: "Your
statement has received careful attention,
for no good citizen, whether in public or
private station, will regard with indiner'
ence the injuries, such as those under
which these people are said to be belaboring.
The questions, however, which you raise
are questions Of law, and go ot course are to
be determined by the Constitution Of the
United States, as interpreted by the su.
preme Court.
IMPEDINENTs THROWN IN THEIR WAY.
For instance, it is very much to be regret:
ted that impediments should be thrown in
the way Of the efforts Of our colored fellow
citizens to better their condition by regu-
larly entering and settling upon public
lands But it happens that the particular
lands OF which you speak are public lands
OF the State OF Arkansas. That Slate has
entire control Of them. Clearly, then, the
United States, having no power over the
subject, cannot interfere fsr your relief,
nor can the United States interfere by
their executive power in respect TO the
State prosecutions o! which you complain,
or the fines which you represent are 10 op.
pressive and enforced by imprisonment.
II the laws OF Arkansas, under which these
prosecutions aud these fines we're imposed,
are contrary to the Constitution II the
United States, the remedy has been placed
by that Constitution in your own hands,
/. G by appea! from the judgments Of the
States Courts 10 the Supreme Court OF the
United States. The same is true OF cruel
punishments inflicted upon colored people
at prison farms to which, upon trlfling pre-.
texts, they are confined.
THE LAST REFUGE.
II the Safe laws under which such privi-
leges are had be constitutional, the only
remedy Ia by appeal TO the highest Court
in the State, and from that. the Supreme
Colrt Of the United States. The Execu-
tive Of the United States has no power
whatever in the premises as to mob vic.
lence. Neither the President nor any
other authority can afford redress. It's
only in case Of such insurrection as the
State cannot put down that the power OF
the Executive OF the United States can be
employed, and then only when invoked by.
the Legislature or Governor, and the JUDI
cial power to try to punish individuals who
make up such mobs and commit such out.
RACES as you describe in the State alone.
These acls are directed against "liie and
personal---very." After citing Cruikshank's
case, U. s., p. 553, the Attorney General
proceeds. He refers 10 the impossibility
Of Congress Gnacting laws to bring such
cases into the United States courts. The
Attorney General concludes by saying: II
believe that upon due consideration the
good citizens whom you represent will
admit that their remedy lies in such ap-
peals to public opinion within the Stats ol
ARKANSAS as have always heretofore pre-
vailed, and whilst the cause oil free govern
ment and human happiness remains hope.
iul, must always hereafter prevail in The
long run to the subyerslon Of wrong and
the advancement Of rights among civilized
men,"
Mr.. Niles has prepared an address to the
co'ored people, declaring that their only
salvation is to prepare to leave this country