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States, in so far as it is related to the protection of political rights against infraction, or against conspiracy for the purpose of infraction, by private persons. The second part was probably within the powers of Congress, but it was a most extreme use of its powers. The
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State governments in the South were in the hands of the Republican
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and Republican negroes, and there is no question that the governors and legislatures of these
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States were quick enough to call in the aid of United States troops long before it was necessary to do so. Moreover, the militia of these
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States was composed almost entirely of negroes, and the whites were forbidden to keep arms. Under such circumstances this Act of Congress empowering the President to establish martial law upon his own motion in time of peace within a
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State when combinations of private persons had successfully defied, in any instance, the laws of the
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State