798 



UNITED STATES. 



given to Congress any power to legislate ex- 

 cept to furnish redress in cases where the 

 States violate the amendment. On this point 

 the court inclined to the opinion that Congress 

 has the power to secure that right, not only as 

 against the unfriendly operation of State laws, 

 but against outrage, violence, and combina- 

 tions on the part of individuals, irrespective 

 of the State laws. 



The question was then considered, whether 

 the fourteenth amendment empowered Con- 

 gress to pass laws for directly enforcing all 

 privileges and immunities of citizens of the 

 United States, by original proceedings in the 

 courts of the United States. Justice Bradley 

 was of opinion that the manner of enforcing 

 the provisions of this amendment depends upon 

 the character of the privilege or immunity in 

 question. If simply prohibitory of government- 

 al action, there will be nothing to enforce un- 

 til such action is undertaken. On the other 

 hand, when the provision is violated by the 

 passage of an obnoxious law, such law is clear- 

 ly void, and all acts done under it will be tres- 

 passes. The legislation required from Con- 

 gress, therefore, is such as will provide a pre- 

 ventive or compensatory remedy or due pun- 

 ishment for such trespasses, and appeals from 

 the State courts to the United States courts in 

 cases that come up for consideration. In the 

 opinion of Justice Bradley, therefore, the in- 

 dictment was fatally defective. Judge Wood, 

 however, affirmed its validity. A certificate 

 of division was therefore made, and the case 

 sent up to the Supreme Court of the United 

 States. 



The number of civil suits to which the 

 United States was a party, that were pending 

 on July 1st, was 6,854. During the year pre- 

 vious to that date 3,058 civil suits were termi- 

 nated. The aggregate amount of judgments 

 in favor of the United States in theae suits 

 was $2,021,724, and the amount actually real- 

 ized in these judgments during the last fiscal 

 year was $867,192. Six thousand and eighteen 

 criminal cases were terminated during the 

 year, 202 of these being under the customs 

 laws, in which there were 147 convictions, 

 8 acquittals, and 47 discontinuances; 3,291 

 under the internal revenue laws, in which 

 there were 1,641 convictions, 392 acquittals, 

 and 1,258 discontinuances ; 251 under the 

 Post-Office laws, in which there were 168 con- 

 victions, 25 acquittals, and 58 discontinuances; 

 966 under the enforcement acts, in which 

 there were 102 convictions, 92 acquittals, and 

 772 discontinuances; one under the naturali- 

 zation laws, in which there was a conviction; 

 37 for embezzlement, in which there were 11 

 convictions, 4 acquittals, and 22 discontinu- 

 ances; 1,270 were miscellaneous prosecutions, 

 in which there were 553 convictions, 224 ac- 

 quittals, and 493 discontinuances. 



The state of affairs in Alabama, Arkansas, 

 South Carolina, and Louisiana, was regarded 

 by the Federal Government as very unsettled 



during a portion of the year. With the ap- 

 proval of the President, the following circular 

 was issued to the United States Attorneys and 

 Marshals, after a consultation between Secre- 

 taries Bristow and Belknap and Attorney-Gen- 

 eral Williams : 



DEPARTMENT OF JUSTICE, | 

 "WASHINGTON, September 3, 1874. j 

 SIB : Outrages of various descriptions, and in some 

 cases atrocious murders, have been committed in 

 your district by bodies of armed men, sometimes in 

 disguisCf and with a view, it is believed, of overaw- 

 ing and intimidating peaceable and law-abiding citi- 

 zens, and depriving them of the rights guaranteed 

 to them by the Constitution and laws of the United 

 States. Your attention is directed to an act of Con- 

 gress passed April 9, 1866, entitled " An act to protect 

 all persons in the United States in their civil rights, 

 and to furnish means for their vindication," and to 

 another passed April 20, 1871, entitled " An act to en- 

 force the provisions of the fourteenth amendment 

 to the Constitution of the United States and for other 

 purposes ; " also to one passed May 6, 1870, entitled 

 *' An act to enforce the rights of the citizens of the 

 United States by vote in the several States of this 

 union and for other purposes," which, with their 

 amendments, make these deeds of violence and 

 blood within the jurisdiction of the General Govern- 

 ment. I consider it my duty, in view of these cir- 

 cumstances, to proceed with all possible energy and 

 ' dispatch to detect, expose, arrest and punish the 

 perpetrators of these crimes, and to that end you are 

 to spare no eifort or necessary expense. Troops of 

 the United States will be stationed at sufficient and 

 convenient points in your district for the purpose of 

 giving you all needful aid in the discharge of your 

 official duties. You understand, of course, that no 

 interference whatever is hereby intended with any 

 political or party action not in violation of the law, 

 but protection to all classes of citizens, white and 

 colored, in the free exercise of the elective franchise 

 and the enjoyment of the other rights and privileges 

 to which they are entitled, under the Constitution 

 and laws, as citizens of the United States. These 

 instructions are issued by authority of the Presi- 

 dent, and with the concurrence of the Secretary of 

 War. Very respectfully, 



GEOKGE H. WILLIAMS, Attorney-General. 



At the same time the following letter from 

 President Grant was made public : 



LONG BBANOH, N. J., September 3, 1874. 

 General W. W. BELKNAP, Secretary of War ; 



Eecent atrocities in the South, particularly in Loui- 

 siana, Alabama, and South Carolina, show a disre- 

 gard for law, civil rights, and personal protection, that 

 ought not to be tolerated in any civilized govern- 

 ment. It looks as if, unless speedily checked, mat- 

 ters must become worse until life and property there 

 will receive no protection from the local authorities 

 until such authority becomes powerless. Under 

 such circumstances, it is the duty of the Government 

 to give all aid for the protection of life and civil 

 rights legally authorized to this end. I wish you 

 would consult with the Attorney-General, who is well 

 informed as to the outrages already committed and 

 the localities where the greatest danger lies, and so 

 order the troops as to be available in case of neces- 

 sity. All the proceedings for the protection of the 

 South will be under the law department of the Gov- 

 ernment, and will be directed by the Attorney-Gen- 

 eral, in accordance with the provisions of the en- 

 forcement act. No instructions need, therefore, be 

 given the troops ordered into the Southern States, 

 except as they may be transmitted from time to time 

 on advice from the Attorney-General, or as circum- 

 stances may determine hereafter. 



(Signed) U. S. GKANT. 



