The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1871-04-22

protection OF the laws, it certainly
is meant and it is equivalent 10 p
provision that all citizens shall he
equally protected. The word lie
n.y." therefore, as here used. must
he construed with reference to he
spirit of the whole, instrument. It
is equivalent to the Phrase "fail or
refuse TO provide for and the
true construction Of the provision
is: mo State shall tai. Or refuse
20 provide tor the equal protection
Of the laws to all persons within
it's jurisdiction
That this is the true interpreta-
tion Of this language is made the
moro apparent by the fifth section
of this fourteenth article.
TIE Congress shall have power to enforce,
by appropriate legislation, the provisions of
this article.
The emo State shall deny" &c,
is provision of this article. 1t is
meant that Congress may enforce
denial2 No, it means that Con-
gross may prevent denial. Con.
eress may, therefore, enforce it,
If it means nothing, there would
be- nothing to enforce. Such
construction would convict those
who drafted and adopted this erti,
Gle of having incorporated into
the instrument scnseless and IN
meaning verbiage. BY every rule
of construction an instrument or a
statute, or, if you please, consti.
tuition, must have a construction
that will give it a meaning rather
than one which will make it utterly
meaningless l take it, therefore.
that when it was provided that no
State should deny TO any person
the equal protection of the laws,
and that Congress should have
power to enforce that provision,
something was meant. 1t is just
the same as say ing in direct Ian
guage that ali persons have the
right to be equally protected, and
the fifth section empowers Con-
gress to enforce th.t right. I. is
recognition or declaration of an
absolute right inhcring in the citi-
zen, the ,i.h, of equal protection,
which no State shall deny, and
Congress may enforce.
| But i. is argued that this word
"dcny" only means that State
shall not affirmatively by statutory
enactment, discriminate between
persons subject to its Jurisdiction.
Such a construction would simply
amount to this: it would make this
constitutional provision that a
State should not indulge iu legis
lation discriminating against any
OF its citizens, giving TO one one
measure Of protection. and to an
other q different measure Of pro-
lection, a character Of discrimina-
lion in Legislation which would bs
an insult to the age, ard could not
! therefore, have been contemplated
by the frame rs of his article.
Dnt it must he observed, and
think that it is conclusive 'gains
aoy snch construction, that ,hi
language Cannot rairly CT roasona
bly, nc construed to refer exciu
sive!y 20 denial hy statutory en-
sc!ment. II such had been th
! meaning the language would hav
Q been ''no law shall be enacted,
e or no Legislature shalt enact,
&C., indicating in explicit term
$ tHst it was a statutory denial tha
was meant.
le But tue language is "no Stat
le shall deny What is meant b
the word "Sta,e?" Obviously III
~ word is used in its largest and me
= comprehen sive sense It mean
10 the government Of the State VIII;
is State in its true sense? It
!. government, not a mere leeisli
~ tive body empowered to enact Law
!, it is trinity-the legislativ,
"a the judicial and the executive; thes
IS three are one, the State Itrcqnirt
10 the combination and cooperate
le Of these three coordinate branch.
70 to make She State government. an
n when the word estate" is Used
IN this article, it is in this triur
D sense, and this constitutional pr
Is vision cans that this trinity sha
D. not deny, DC. Now, if the legisl
O. tive branch enacts. bnt the jutici
ys and executive fail or refuse TO pc
~ form tbeir RESP ectivc parts, do
he not the State "deny3' II the l.
~ eislature provides penalties, al
We The judiciary refuses to adiad;
On them, or is unable to do so, h
10 not the State denied to the citiz
10 who is the victim Of the violati,
OF Of the legislative act the ecu
re protection Of the laws?
re A refusal 10 legislatc equally +
" the prott elton of all would UNIQUE
no tionably be a denial. This co
al. ceded, upon what ground can it
ng pretended chat refusal TO execu
t. or a failure to do so, through in
ne bility, equally with reference to
raj persons, is not also a denial?
ms maintain, therefore. that the ,r
a. meaning Of this constitution al III
IN vision is thst the State shall affo
:nt equal protection to all perso
ltn within its jurisdiction.
Failing to do this, whether II
OF failure is the result Of inaction
inability on the part of he one
aole the osher Of the coordinate brant
,or. es Of the State government,
remedy lies with Congress, fol
ing is provided by the fifth section
lie. this fourteenth article of amen
g." mcnts that "Consress shah Ii;
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