Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-04-12
THE OBSERVATION-DISCLOSURES.
speech of Hon. John M. Bright, i'm
the House OF Representatives april

IL
the jurisdiction of,utbe United States
courts over all the States for The trial of
all persons, two or more, "conspiring to
commit murder, man,slaughter, mayhem,
robbery, assault and battery, per-
jury, criminal obstruction of civil pro-
cess, or resistance of officers in the dis,
charge of official duty, arson or larceny,
making all of them felony, punishable
with fine not exceeding $40, 600 or i'm
prisonment not exceeding ten years, and
in case of murder with death. "a
II will be seen at once that this vast
Jurisdiction is nothing but a displacement,
an artful impeachment, of all the judicial
authorities of The States, a covert move
ment TO outflank the State judiciary by
creating special jurisdiction for the
friends of the Administration. 1t is but
an alb ,Orption of the criminal jurisdiction
of the States. 1t is idle 10 spin the cob
wells of refinement about concurrent uris-
diction. Concede The right TO the Federal
Government, and it will crush The jurisdic-
ton of State like dwsrfUnder the foot
of an elephant. ~
The third section provides that, in case
instruction, unlawful combination, etc. a,
shall so hinder the execution of the laws,
ETC., and the cons ituted authority shall
be unable to, or shall, from any cause,
fail in or refuse protection of the people
of such rights, asd shall fail to apply to the
President of the United States, such fac g
shall be deemed a denial of the equal
protection of the laws, and he may en-
ploy the land and naval forces of the
United States for the suppression of the
combinations. Ea
This section is intended to strike down
the fourth section of the fourth article OF
the Constitution of the United States,
which requires the Legislature, or the
| Governor of the State when the Legisla.
Iure Is not in session, to call upon the
| President fer his military interference.
| 1t is also blow a. the Legislatures snC
Governors of the States, and an impesch
ment of their fidelity, blow at the self
| government of the people who place.
them in Office, another movement TO out
flank the Legislatures of the Sts'es.
prescribes no organ for communicating
these ouirages to the President Then i
is far to presume that he will act 1upol
such information IS induced him to de
maid the passage of the bill. Such a
comes TO him warped by partisan preju
dice and tainted with personal malice
snch es Boyd and Whitsker, who are ia
Aaron and Hurr to hold up the hands q
the Republican Representatives, Will
they wage battle against the liberties o
the people. Such an extremity Th
Legislatures and Governors repudia'e
and the VOID of serVile sa'rap ms
turn the sword loose upon all unOffendin
people! = -
But we have not reached the end {
this crimson path. The fourth sectio
provides that if these combinations, etc
are impracticable of conviction, and n
Safe authorities should connive at or
in completely with them, then such con
binalions shall be deemed a rebelliC
against the Government of the Unite
Ststts, and the President may susper
the writ of h06edS corpus snd declA
martial law. Mark the language:
"Shall he deemed rebellion again
| The Government OF the United Sts'e
| and not against the State.
The Federal Government is the on
| power that can be offended! DIVE o
aud the American Congress may soon il
( itate The Roman Senate in the enactme
, of statutes against violated majesty.
But this sctiOn also makes the Pres
dent the judicial, political, head of !
the governments, and he may constr
D | the State authorities out of existence al
any c)mbinstiOn q rebellion against q
Uuited States. II enables him to put |
8 | military heel on the neck of the Stat
while he slips The 'isilken glove" fro
the iron hand and he feels for the hea
! strings of republican freedom. II Civ
s him power TO capture the State COVER
| ments, bastile the Governors and legia
tors, power to close thecOurts of jnstiC
} (for martial law never exists when tn
= are open, Wallace, 1919 power 10 C
d troll the ballot box, power TO re-elect HI
h | President, sy, power to make hims
emperor. And who knows but he i
seen, in sope dream of ambition, I
}; crown Of empire trembling for his bro
: in the hand of his too confdiDg party.
q do not say that President Grant would t
ercise this power if granted; but
say that, in my opinion, it is not only [
wise but criminal in Congress TO ten
him with it. But | do say, that as Ia
e as the people are capable of self COVE
l. ment, palsied be that brow which stoC
!. to receive a crown of American empi
:, But all this vast power is claimed l
der two articles of the Constitution
" the United States; one. the second g
y ton of article four, which provides thai
% ''The citizens of each State shall be
: | titled to all the privileges aud immunh
of citizens in the several States"
CT This clause was rather Limitation I
on than q grant of power to the Fede
Government. 1t was founded in a je
ousy between the larger and SINAI
1t States, lest the Federal Government, l
al restrained, might make invidious or
bitrary determinations between the C
zens of the different States. 1t proviC
If simply for a general citizenship, not
u tending to supersede the rights of
q, citizens under the different laws of
States. 6 StO. Com, g. 1901
&c whatever deficiency of power there m
d, be in that clause, it is insisted that il
We | supplied in the fourteenth amendment
al the Constitution of the United Stat
which, like Aaron's rod, is intended
swallow mp sill the other powers. Sect
or one provides that
it GAN persons born or natuIslized 10
n United States, and subject to ahe jul
diction thereof, are citizens of the Uni
CT States and of the States wherein they
n, side. NoState shall make or enforce 8
7e law which shall shridge the privileges
IN immunites of the citizens of the UNI
=, States; nor shall any STATE deprive 6
person Of life. liberty, OF property with
he due process of law; nor deny to any p
~ son within its jurisdiction the equal p
lection OF the laws"
Mark the language: No State 81
"o make or enforce any law" etc; he
lal the prohibition is on the State. Now
ne deny that Tennessee has made or enfC
,ar cd any law which sbridge the immuni
aud privileges Of the citizens of the |
. ted States. deny that she has depri
nd any person Of life, libertyu or propt
mt without due process of law. ! deny
an she denies the equal protection of
=. laws to any person within her jurisr
ton.
If there were such denial the quest
ess is open TO civil remedy, aud the judi
a. power of this Government is the c
, power to decide The question. Whene
the Supreme Court of the United 81