Savannah morning news. [volume] (Savannah) 1868-1887, 1883-10-18
NILES GETS HIS ANSWER.
THE STATES RIGHTS DOCTRINE
AGAIN UPHELD.

preme Court the Only Course Open to
the Negroes of Arkansas if They
Would Right Their Alleged Wrongs.
WASHINGTON, oct. III. w. Niles.
Of Arkansas, who advocated separation"
for the colored people, has received from
Attorney General Brewster an answer to
his communication addressed to the
President, alleging that the colored peo-
pie Of Arkansas were suffering certain
grievances at the hands, not only of pri-
Vate persons, but of the civil authorities.
The Attorney Generals letter saws:
"IOur statement has received careful at
tention, for no good citizen, whether in
public or private station. will regard with
Indifference injuries such as those under
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 determined by the Con
stitUtiOn of the United States as
interpreted by the Supreme Court. For
instance, it is very much to be regretted
that impediments should be thrown
IN the way of the efforts of our colored
fellOw-citiZens to better their condition bv
regularly entering and settling upon pub
lie lands; but it appears that the par
ticular lands of which you speak are pub
lie lands of the State of Arkansas. That
State has entire control of them. Clearly,
then, the United States having no power
over the subject. cannot interpose for
your relief, nor can the United States in
teriere by their Executive power
In respect to the State
prosecutions Of which You
complain or the fines which YOU represent
are so oppressive and enforced by i'm
prlsonment, if the laws Of Arkansas
under which these prosecutions are insti-
tuted and these fines impC Sed are contrary
to the Constitution of the United States,
the remedy has been placed by that con-
stitutiOn in your own hands. j. e. by an
appeal from the judgments of the State
Courts to the Supreme Court Of the United
States. The same is true of the cruel
punishments inflicted upon the col
0red people at prison farms, to
which, upon tritling preteXts, they
are condemned. If the State laws under
which such proceedings are had are un-
constitutional, the only remedy is by APP
peal 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 the mere mode of
violence, neither the President nor any
other authority of the United States can
afford redress. 1t is only in case such in
surrectiOns of the State cannot be put
down that the power of the Executive of
the United States can be employed, and
then only whom invoked by the
Legislature or Governor; and the
judicial power to try and punish individ-
uals who make up such modes and com
nit such outrages as you describe is in
the State alone when these acts are di-
rected against life and personal liberty
After citing CTuikshank's case (92, u. s..
p. Dob, the Attorney General proceeds.
He refers to the impOSsibility Of Congress
enacting laws to bring such cases into
the United States courts. The Attorney
General concludes by saying: Il believe
that upon due consideration the good citi-
Zens whom you represent will admit that
their remedy lies in such appeals to
public opinion within the State of Arkan-
sas as have always heretofore prevailed.
and whilst the cause of free government
and human happiness remains hopeful.
must always hereafter prevail in the long
run to the suppression of wrong and the
advancement of right amongst civilized
men,"
Niles has prepared an address to the
colored people, in which, after setting
forth the contents of the letter, he saws
that it will be seen that there is little hope
for redress for any of the grievances that
the cOlOred people South may complain of
to the General Government. AS cOlOred
people as a rule have not the means to
test the c0nstitutionality of the State
laws, ''the whole tenor of this answer
says Niles, lis simply to tatfy the col0red
people of the South, or else they have been
misled by politicians and shysters in the
South, who have pr0feSsed friendship to
thpm | nnlN N IN iat
their only salvation as a people, is to pre-
pare to leave this country, and in the
meantime refrain from voting ut any of
the polls until some party makes pr0Vi-
sion for the redress of all
the grievances of our people.
A fund should be placed
in each State to remedy our wrongs and
to give us protection for the future. If
this should fail, the sooner we appeal to
Congress for indemnity for our race to en-
able us to separate from the whites the
better it will be for both races. | would
advise the cOlOred people who have taken
hostile attitude to Southern whites by
doing tide service of the carpet-bagger
and his associates, to seek favor Of that
class in the South which will really con-
slider our rights and act with them
hereafter, and against an admin
istration which refuses to render
us redress. The decision of
the supreme Court just rendered gives
force and emphasis to this view Of the
case, and shows that we have no rights
which other people are bound TO respect.
Therefore let us seek refuge elsewhere
and establish status for ourselves. Let
us found civilization in some congenial
cline that will give us standing in the
world of commerce and industry and en-
able us as race to play a nObler part in
thn Crvaat drama of history