The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1866-11-10

excitement to- manifest itself, no matter |
what party may be in power. Safety is |
to be found only in holding each depart
ment firmly and closely within its orbit.
If tho proposed amendments of the
Constitution he adopted, new and cnor-
nous powers will be claimed and OK
ercisud by Congress as warranted by
such amendments, and the whole 5,ruc-
turc Of oar Government viii perhaps
gradually, but yet surely, be revolution
lied. And 80 with the judiciary; if the
proposed amendments he adopted, they
may, and certainly viii be used substan-
tally 20 annihlate the State judiciarios.
The first section Of the proposed arti-
clc contains, among others, the follow
ing provision:
"Nor shalt nl' %'qic deprive any person Of life.
liberty, or property without due process OF law
Why insert such provision in the
Federal Constitution? ltreally contains
the following: 8" No person shall be de-
priyed Of life, liberty, or property with
out due process of law" This is idcn-
ticalIy the same, except that it is II re-
straint upon the powers of the General
Government alone, and has no reference
OF application to State governments.
And most Of the State constitutions, l
believe all of them, contain Il similar
provision, as alimitatiOn upon the pow
crs Of the states respectively. Now,
when in the Federal Constitution
there is this guarantee against arbitrary
and oppressive invasions of the rights
of the citizen hy Federal authority, and
Il similar guarantccin the State constitu-
tions against like oppressive action by
the State governments, why insert in
the Federal Constitution q now prOVis-
ion which has no reference to the powers
of thcGeneral Government, ndimpOScs
no restraints upon il, but is simply q
repetition of Il limitation upon the pow
ers of State governments, which is al
ready present in the State constitutions
The object and purpose are manifest. Ii
is to subordinate the State judici0rics,
in all things, to Federal supervision
and contol--to totally annihiIatc the in
dependence and sovereignty Of State ju.
dicialics in the administration Of State
laws, and thc authority and control Of
the States over matters Of purely do.
mcstic and local concern. II the stat;
iudiciuries are sub0rGinatcd, all the de
partmcnts of The State governments VII
be equally suhordinated, for all state
la~fs, let them relate to what department
Of government they may, or TO wha
domestic or local interest, will be equal
ly open to criticism interpretation, anC
!. adjudication by the Federal tribunals
whose judgments and decrees will bt
# supreme, and will override the dccis
{, ions of the State courts, and leave then
Is utterly powcrlcSs.
o The Federal judiciary have jurisdic
@ ton of all questions arising under tn
u Constitution and laws Of the Unite,
t. States; and by virtue of this now pro
;. vision, if adopted, every matter Of judi
le cial investigation, civil or criminal
II however Insignificant, may he draw
% into the vortex of the Federal judiciary
# IN controversy between two neighbor
is about the ownership of q pig, the unsuC
A. cessful party may allcgc that the Stat
D tribunals have deprived him of hi
# property without due process Of law
Is and take the case before the Federt
tribunals for revision. SO if a man b
in indicted for larceny, or other crime, cor
@. victed, and sentenced, upon ailcga ito
Sc of deprivation of liberty without dr
N process of law, he may bring the COS
o. before The Federal tribunal. for rcvisiU
~ and reversal SO, too, if a murderer J.
~ arrested, tried, convicted, and sentence
he to he hung, he may claim the prOtcctio
o. Of the new constitutional PROVISIONAL
O., lcGc that a State is about to deprive hi
I'd Of life without due process Of law, an
AS arrest all further proceedings until tt
NJ Federal Government shall Lave inqui
he cd whether state has Il right 70 puni.
*. its own citizens for an infraction Of i
-. own laws, and have granted permissiC
or to the state tribunal, to proceed.
av Under such a systcm the liberties
,t. the people could not long be muintainc
les ~ already remarked, free goVcrnmcn
cv can nc preserved only by keeping Il
nd power near the people, t. be exercise
LaI through local agencies. Undrrthisno
W system State and local authority won
or not at once disappear For some tin
lc- they Wouid contest jurisdiction wi
Nh. the Federal Government; but the inc