The Republican. [volume] (Oakland, Md.) 1877-current, 1883-10-27
A Separation of the Races.

A Separation of the Races.
WASHINGTON, d. c., October H.
Mr.. j. w. Niles, of Arkansas, who
advocates separation" for the color
ed people, has received from Attor-
ney 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 Gen
erals letter says: "Your statement
has received careful attention, for no
good citizen, whether in public or
private station, will regard with in
difference injuries such as those I'M
der which these people are said to be
laboring. The questions, however,
which YOU raise are questions of law,
and so, of course, are to be determin-
ed 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
of the efforts of our cOlOred citizens
to better their condition by regularly
entering and settling upon public
lands, But it appears that the par
ticular lands of which you speak are
public lands of the state of Arkansas.
That State has entire control OF them.
C12ssarly, then, the United States hav-
ing no power over the subject, cannot
interfere for your relief. Nor can the
United States interfere by their exec
utive power, in respect to the State
prosecutions Of which you complain,
or the fines which you represent are
so oppressive and inforced by impris-
onment. If the laws of Arkansas,
under which these prosecutions and
these fines imposed, are contrary to
the Constitution of the United States,
the remedy has been placed by that
Constitution in your own hands, i. e.,
by appeal from the judgment of the
States courts to the Supreme Court
of the United States. The same is
true of cruel punishments inflicted
upon coIored people at prison farms,
to which, upon trifiing preteXts, they
are condemned. Ifthe state laws I'M
der which such privileges are had are
unconstitutional, the only remedy is
by appeal to the highest court of the
State, and from that to the Supreme
Court of the United States. The ex-
ecutive Of the United States has no
power whatever in the premises.
GAS to mere mob violence, neither
the President nor any other authOri-
ty of the United States can afford re-
dress. 1t is only in the case Of such
instructions as the state cannot put
down that the power of the executive
of the United States can be employ
ed, and then only when invoked by
the legislature or governor; and the
judicial power to try and punish the
individuals who make up such MODS
and commit such outrages as you de-
scribe is in the State alone. These
acts are directed against life and
property"
After citing Cruikshanks, case 92
U. S. p, 553, the Attorney General
refers to the impOssibility of Congress,
enacting laws to bring such cases in.
to the United States courts. The AT.
torney General concludes by saying
81 believe that, upon consideration
the good citizens whom you represent
will admit that their remedy lies in
such appeals to public opinion with
in the State of Arkansas as have al
ways heretofore prevailed, and
whilst the cause of free government
and human happiness remains hope
ful, must always hereafter prevail il
the long run to the subversion o
wrong advancement Of right among
civilized men,"
Mr.. Niles has prepared an address
to the colored people, in which, aftel
setting forth the contents of the let
! ter, he says that it will be seen tina