The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-10-05
mskss murder. arson, inarsIa'Igntsr; ny ny
and otherecrtmes 6fsiole1cs agaio1sss.ne PEI
SON aud property which GRE punisnaole guy =,

Tho Federalcourts. It issa. plauby which
fthe United States courts may exercise lui,
criminal and civil Jurisdiction over any anu
all Gets Of violence to the person anu pIV
ncrty of private citizens-by which, in shorf,
| Congress and the Federal tribunals may US
lsume and WELD a. complete police. Jurlsalc.
ton throughout the Statese It's,
But the exercise of all the powers "hieh
peculiarly relate to domestic matters, tne
rights of persons and property, are oy OUT
form of government committed TO me sepa.
rate government Of the States-the tnnction
| of protecting the citizen at home, OF prese,s.
ing personal security, property, anu oroeI
by legislation, and Of enforcing tnese iu"s -, ~
The courts, is exclusively conndeu ~ tne
government of each State WITHIN .lts omn
territory. For that territory ana LOT hs 'u "
habitauts it is made the sole depository VI
the peoples sovereignty, so far Us Respects
the private rights of life, person, anu pro,
perry. And yet by this act congress anu
the Federal courts have assumed Jufisoie''oi'
over these subjects. ~,
Nor have these rights and powers Oh thc
State governments been impaired Wy 'ne
fourteenth amendment so as to deprive Ineun
of their exclusive jurisdiction over THESE suo.
| iects. And yet it is from this Amendment
that the advocates of this act claim to derive
the power to pass it. The clause OF tne
| fourteenth amendment under consideration
is in these words:
"No State shall make or enforce any law
which shall abridge the privileges or lnhu.
mites of citizens OF the United otateS , DOT
shall any State deprive any person OF I'VE,
Inerty. or property without due process Of
law: nor deny to any person within its juris.
dction the equal protection OF its laws.
The State is here directly addressed and
| limited by this amendment, and not It's prl'
vate citizens or its constituted authorities.
! r. is n State that is to be dealt with, and not
alone the validity of its laws. How can
state violate the prohibitions imposed upon
it by this amendment? Certainly in no other
way than by an act passed by its Legislature.
which is its supreme power. In other words,
the only way possible for a State to violate
this amendmcnt-tbe only way possible for
the amendment to be violated by any one-is
BIZ the passage of law in conflict with its
| provisions. But this act of Congress is
not directed against any State laws.
and is not based upon the aSsump.
ton that they are improper, unjust, or
void. l. is not pretended that any law in
violation Of this amendment has been passed
| hy any State. On the contrary, the act con-
| cedcs the correctness and validity OF the
! State laws, aud aims all its penalties against
private citizens who break them. 1t has to
do with acts of private violence, and de.
clarcs them to be not only denial to
the parties Injured of the equal pro-
lection Of the laws, but 4 denial made
by The very State whose authority is
outraged. In one portion it is expressly
said That if the constituted authorities of the
State-that is, the Governor. judges, sheritfs,
&c.-shal fail or be unable 10 protect the
people such fact shall be deemed denial by
such State of the equal protection OF tue
laws. The other portions require no such
official default, attempt no such definitions,
aud are aimed exclusively at wrongs done
by individuals. Its monstrous perver>lon
of legal language and legal thought TO maln-
tain, as this act does. that any violence or
wrong done by private citizens. either
Singly or in numbers, either With or
without concert, can constitute the de-
NAL of the equal protection of the laws
contemplated BY the fourteenth amend
ment. If, therefore, the position assumed
IN this statute be correct, Congress ana Inc
national courts may, with equal proprlcty,
draw TO themselves jurisdiction over all
crimes and become the sole guardians OF Or
der-the single repositories of police au-
;hority. But we bave not sprc5 to pursue
the argument further. The limits OF this
address forbid it. We conclude in The l.rl-
image of an able article on this Suhjec' " TO
sum I'D the results This act violates the
Letter of the Constitution by declaring that
10 be rebellion against tho United States
which is nothing more than violence 10 To-
aividuas. and by pcrmttiu" The WIFE 81
h0bccS corpus to be suspended in time OF
peace; by authorizing the President 10 em-
| Dloy the military iolces in rcpre>S-
| in" opposition 10 the State laws With
olt any application from Safe All
ihorities: by extending tie prohibitions OF
the fourteenth amendment TO c1>eS ol p'l.
vate wrongs, and by clothing the naEiInaI
courts With jurisdiction over ordinary crimes
and with the function OF ordinary police re-
| DleSSlon. Il violates the entire spirit OF lie
| Constitution by coDferring upon The Pest
dent in time Of peace military olScfc'lpa
which belongs to him only a. COMMANDMENTS
chief in time of actual war, and 10y destroy.
inv the separate Independence Of the Staie>
within their appropriate spheres, which was
firmly Is ahlisncd in the Constitution is IN
essential feature in our institutions. Gain
! ing TO derive authority from these proyi'ionS
| Congress passed the ciqil-rightS bill, and
sought by an acl Of Congress. IN violation OF
the laws of nature, 10 effect social equality
between the white, and hlack,; and, ny VIZ.
| uIa Of the same provisions, the effort was
made to pass the force bill, which would
| have placed the States 1T the mercy OF the
| Federal Executive.
These are the measures Of the Republican
narty which more Immediately affect the
south. and they have been enforced with
| crue! and unsparlns hand.
| In pursuance Of this system Of measures
we baye seen governments set up IN tGe
southern States without the consent oil the
| governed. and so distasteful to tie people
| that The Republican party have been forced
| to uphold them either by threats of the bayo.
| net or by its actual presence in their midst.
aud which have not orly brought scandal
UPON the American name, but threaten a 81.
| Domingo war of races and the adoption by
many of the States OF the policy Of repudia.
| ton.
In the case of Louisiana, we have seen q
Federal court. acting under the inspiration
of Federal otice-hctders, by a decree in
cbancery epjDin the Executive of the State
from performing his executive functions,
and the Legislature Of the same State from
assembling at its capital; and through the
United States marshal revolutionize the
State government, and put u new Governor
and Legislature in operation under Federal
b.yonets. And thus an inferior FederHl
Judge overthrows State government and
effects revolution by bill Of injunction.
And We have further seen the govern.
mept thus installed by fraud. and force
overthrown by an uprising of the Deo-
pie, uttering majestic protest against
acknowledged tyranny and wrong-a
government too feeble to maintain its