New national era. [volume] (Washington, D.C.) 1870-1874, 1872-07-18
ne phiy Of ihc Federal Govern
"ehi 10 Proi"ci ;iii Citizens
Of the Snii".i States

Among the many able contributors TO the
columns of the New York E,dcDs0de1t tboro
Is not one VIII" brings TO the subject he ven
lures To discuss a clearer vision, a calmcr
Judgment, or more perfect mastery of all
ti'at pertains toit, than Rev. SamueIT Spear
u. ID. In the last weeks number of This
powerful Journal he places the duty of the
ie"efal Government to protect all citizens Of
'he nited States upon basis rs immoyable
rs the round earth itself. The nonsense
about local government is utterly ground to
very dust under his weighty argument. We
can lind room for only the last paragraph of
this timely argument:
I'VE thus find, as the result of this exami-
nation, that among the expressly enumerated
powers Of the General Government that of
protecting both the civil and political RIGHTS
OF citizens Of the United States, as defined
IN the constitution, is distinctly mentioned.
1t Is undoubtedly the duty of the States to
conform their action to the requirements o.;
the supreme law of the land :" but, whether
they do so or not, the General Government
Is armed with ample authority to take due
legal care of its own citizens. The fact that
these citizens are also citizens of the respec-
tive States in which they reside, aud, rs such.
subject to the jurisdiction thereof, does not
cancel their claim to protection under the
National Constitution, or release the General
Government from the obligation of allor,linc
It to the full extent of its powers. If State
Legislatures or state courts shall perpetrate
outrageS upon the citizens of the United
States IN respect to rights which are solemnly
guaranteed to them by the Constitution, or
lwhat is virtually the same thing) if they omit
for any reason to enforce these guarantees.
then we have a case demanding the promrt
and effective interference of the National
government. The Constitution has put the
rights Of American citizens under its protec-
tive custody, as against all their enemies:
and that, too, whether acting with or without
the forms OF State law. This is precisely as
it should be. On no other basis can the
United States discharge the duties which it
owes II its own citizens. Allow State rights
to stand between the General Government
and its protection of these citizens according
to the provisions of the Constitution and then
there would be no power to correct the abuses
or remedy the omissions of State authority.
The States would then be so independent that
they could do anything or omit anything they
pleased, with no relief to the parties injured
The United States, however strong TO enforce
its authority upon its own citizens, would he
"Of course, the General Government
should not unnecessarily or improperly inter-
fere with the local jurisdiction of the States.
1t should be guided by discretion, and always
keep its action within the limits of the Con-
stitution; yet whenever and wherever its ac-
ton becomes necessity, to secure the rights
of United States citizens, as defined and
guaranteed by the Constitution, then and
there this very Constitution authorizes it to
exercise its protective power through the
forms and processes of law. In all such
cases Congress has full authority to provide
remedy and make it practical. If this be
about the word, since it is the Capitalization
which the people have seen fit to place in the
fundamental law of the land. In aiming pri-
marily to protect the colorcd people, they
have greatly added to the perfection and
completeness of our political SYSTEM"