Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1871-05-12

tive power Of the State do not enforce laws
that are not made by the State, or not recogni.-
ed as law by the State, being the common Law OF
the State. Therefore, when It Is said there
that "no State shall make or enforce any
law, il can only apply to laws which are made
by the Legislature Of the S;ste, OF to the con-
mon law Of the State.
Mr.. Edmunds.-I DO not see that that changes
it. That IS exactly what said. OF course, II
the Legislature 10 not make las which abridges
the privileges and innulities Of citizens, then
there is no sach Law that the other departments
Of the State government can enforce. But sup
pose the Legislature does make 3 iaw which
sbTidges the privileges Of a citizen, and suppose
that the Judicial s1d executive departments Of
the State government undertake u put 1t in
force what then ? According to his argument
you can only punish the Legislature; you can
make war upon them or you can indict them,
or do whatever cur friends on the other side
think would be adequate to the end and
should like any one OF them 70 be Kind enough
10 point out what he w0Ul do in su,A a case.
What, then, was the use Of putting in this pro
hibiii0n against enforcement? None at al In
that case. repeat, with sill respect TO ny friend,
that an argument Of that kind borders, II he
will pardon me for saying. 60, upon a5surdiiy.
The enforcement of laws, as ! hsve sid. does
not belong to the legislative department y al
a. YlsOu-31 u AAe ullltf Nt itA tiAalst7 aA4
! the enforcement Of Law, the o her departments
are the government they are the whole gov
ernment Why, sir, what position We should
/ be in II this honorable Senstor's position wcre
sound Look At our case with England during
/ the rebellion. There were the acts Of Psr.is1eot
which denounced puaishments sgsiust the fitting
cut Of expeditions against rr:ea4ly Powers
/ there Eas the executive department, the Crown
armed with all its cons,lo.Cs and sherihs, and
. rH~ mH.n- o HH.a- H 80
| the full exercise Cf It's functions. Through the
/ fault Of the executive and through the fault Of
the judiciary expeditions were f;,eI ous they
/ did make war upon our commerce theg did
| violate our rights snow" ssys my friend,
- the Crown aud the judiciary Of Eaglsui are
not the Government they are % blame, but
they are not the State the duty Of executing
the statutes Of Eng.anl does nc- belong % them,
il IL did, they are not responsible for not DO
inr il the power Of England is IN tie Plrll-
meac and inasmush ss Pariismen. had done
ell that vas necessary for it 90 DO before Is the
statutes we're there, England Is u5t responsible
at al" Tha; doctrine Caaao, Be m-.ntaiued.
4 State ia a corporation; it exists only, N con
temptation Of law, as an organized tAlag snd
1t is manifested, represented entirely, All iriy
in respect 70 every one Of its tuCciio1-, uy that
department of its government On which The exc
cutioa Of those functions is respectively de
v5ived. Therefore, If 1t is the duty Of the ex-
ecutive and judiciI departments OF a sl1te 70
enforce \ law and they 10 TO, enforce it, ths
State does not enforce IT, II it is their lu'y nc-
to enforce law and they 30 enforce II, 70 Is the
State that enforces it.
The next provision ia the one that '' no Siats
shall deprive any person OF lie, liberty, or prop
eTty without due process Of law Under the
old Constitution similar provision existed, nc;
using the word .' State - a-G, - have already
stated. the courts decided that that prohibition
dit not apply 10 the States At al, ant that taeee-
fore It only spphed 20 the United States. Hence
this clause in the amendment. whicl a,s3 Cor
gress is to enforce by appropriate legislation,
'n0 State shall deprive any person o. life, il9-
erty, or property, Eita NJ due process o. lag."
So thar, taking the two c.suses together. the c't
ore snI the new oCe. you have in the tluslrr-
tion Of the UEitci -tsses sweeping ie.lr2rIoa
that neither TIE United States nor zuy one under
them, nor any STATE nor any one uaisr i, shall
deprive any person OF life, liberty, OF property,
without due process Of Law. ls not that, then,
as complete ss any language can mase IT. Does
it not cover all the power Of the uation in every
department Of the Government, both national
and State Nobody csa dispute il il ssys 50
in terms. Taking the tEo together, the Sts;es
are prohibited, the nation is prohibited. every
body is prohibited from denying the rlzh-s Cf
ciizens to life, liberty, and property, Nith'u;
the reEniar and due process cf rF--constitu-
tional law.
Now We come to the next c.suss, So So- deny
20 any person within i's Jurisdiction tire equsi
protection Of the lsws And here, sEsiu, after
tins clause, follows tae potent, although my
friend from Ohio aui my ireai from Illinois
think the unnecessary, declaration that &C. Con
gress may enforce this provision by appropriate
legislation" Now, vbs- Is STATE 20 d0t -t
is 10, 10 deny TO any ers.4 within i-s jlr.sdIc-
ton the equal profo--iol Of rs has not The
equal making Of is lEs which had been pro-
v4et for before. Eo- the T.glt Co iife, liberty and
property, which bad been provided f.r before;
but it is not to deny tie protection # irs laws.
WHIST is protection % Law: DO I need o.
weary the patience of the Senate VITA under
taking to dedle what Is tle protection Of the
Law. I take n lu-, ths handles, citizen il The
land knows what the protection Of the law is,
The meSnsEt criminal ia the land klocs what L
IS to viollte the protection Of ihc law. ! shall
sSume. therefore. that If there has been any, OF
ii :hssc may be ary Of the Clencos Esmei in
tins act committed iu 7uy S;atss, those 0tlns5s
will deprive citizens Of the Uniiei s;l.es and
every one else upon whom they are committed
OF the protection Of the Law. unless the criminal
who shall commit those odsnses IS punished and
the person who suiiers resolves that redress
which the principles and spirit OF the lsTs en-
title him 10 have
''NO State is 10 deny. say Tie gentlemen.
Tnst means, they say, the State in i,s collective
capacity that part Of The Sister Ny friend
from Ohio says the Legisit.u-e. Ten the Leg
islature. reading IL 10 that way. shai MT deny
TO any person within its iIsislicti1n the equal
protection Of the laws Il had ssil that bsiore.
The very second provision 10 this section declares
that no State shall make or eaiorce any law
which shall interfere zith the privilege ana i'm
.-r, .-r- 8
everybody sgrecs thsi tha, privilege AID thst
immunity is the very came thiHE that is men
tionei in other language IS the next c.ause-the
privilege CT life, toe privilege o.: liberty, the
privilege Of the requirement &C property. So
that, on the theory oi my friend from Ohio,
great constitutional amendment, carefully pre-
pared, diseased in h0ta branches 4 Congress,
passed hy tz0-'hir5s cf each House, ratified by
three-fourths Of the States, committed the aEk-
Sari blundtr Of s.stiug over sgsin, II obscure
llncusge. what il had stated in its second pro
visor only four lines above in clear language
that Z had said that 10 S,s'e (which csR only
act through ITS LegislatarC) sAsl mske any law
which shall do this thirg, s-d ahen it had,
then, coming 10 the last clause, hsi resta-ed
the same thing in vsgulr .auguage, thai they
should not deay 70 auy person the equal protac
tion Of the aR. That cannot be maintained a
Legislature directly does Tot afford 20 any per-
son the protection Of the law ; II makes the isE
under which and through which, bsing executed
by the fdnctiOnaries appointed by the S,sie flT
that purpose, citizens receive the protection OF
the law.
But they ssy this Is merely prlhibi,ory sec
ton mere denial OF tire right Of 2 State 20 in
terfere with life, liberty Sud property, and to
prevent due redress Whist o. e denial, llr-
President, Is i, merely reissal "a she seass 4
a mans appesling 70 5ls Leg;slature ior law
and being told that he cannot have il ; or what
is it7 Ii is q socuriiy % The citizen tls- be
shall have the protection of lay. Although the
word is negative in form, il is affirmative IN it
nature sud character. r grants an s5so,oio
right and let ne tell my h71,r.ble friends Ulo
deny it that il is not = cisuce aoris Il has bseu
heard Of in the law before it hss history
connected with humsu liberty ever siuce n
Anclo-Ssx1n rsces human liberty and Eunan
rights have existed The vor- word has come
down from the earlicst constitutions, from the
very earliest written constitution q civLlzei Il
berry, to Us as 4 word Of at which carries N it
An Obligation Of supreme and universal sfir-
nation character which makes it The duty ot
every court and every government over every
people which are en';'lsi 10 its protection TO zee
that they have it.
Now lei Us see. Here is tte auciel; cLsr.e.
of liberty which the bold ba-ors. az YOU kr0F,
our English ancestors, wrested f-oil King ionu;
the rich and perpetual product, Ike our own
amendments. OF s frest struggle ilr liberty
and 10 it are c0ata'nci, IN o.1ss 20 cran; % he
citizen this very protection, and in ord.- 90 &C.
cure to MIN the duty Of sd. Ihe courts OF sil -s-
land to give IT, Is ,bey have done, these very
words Z" .NuIH reuismus, uuH Hcgli;at-.
aui difsremus rectum eel jrsttiem.' I'VE
will seii to 10 nan, We viii net deny or defer 20
aay man either right or iu-..cc.'
Under ,hat. no. by ioIca q parliamentary L.
gslatiou, but as giving e' affirmative rights.
performing an Affirmative dlty, the first Save