The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-01

sight that here is . declaration OF the right OF
citizens OF the United States 10 vote, but that
would be an error. No right Is guaranteed or as
serted. Discrimination only is prohibited. Inc
right or privilege, whichever 1t may Justly be
called, OF the elective franchise Is stu where ~
has always been, under state control with TINS
single qualification, that in determining IL tue
State shah make 10 distinction on account OF race,
color or previous servItude. This amendment Is
NOTHING BUT PROHIBITION,
ike the first SECTION OF the fourteenth article, and
should De dealt win III Inc same manner But
The right or privilege OF voting cannot be exer-
cised without affirmative legislation, 1t may be
said. No more can the right to property be exer-
clsed without affirmative legislation. My prop
Osiilon, IN short, IS TINS, that an act OF
STATE in violation OF the prohibluons OF the
amendments would be a nudity, and mat Con-
gress, being authorized To enforce the prohl0i-
lions by appropriate legislation the natural, the
true and the only constitutional mode or enforce
ment 10 by judicial remedies TO establish ana en-
force the nullty. The sixth section OF the Enforce
ment act assumes that Congress has power TO
punish conspiracy 10 deprive any citizen OF the
United States OF his right 10 vote, oil any right
any privilege or immunity OF citizen OF the United
States OF the right TO uie, liberty and property,
and 81 the right 10 the equal protection OF the
laws. Let US take one OF these and direct our
attention TO mat; for example the right OF
property. The prohibition OF the fourteenth
amendment commands State not to deprive any
person OF property without due process OF law.
me state may deprive person OF his property
by due process or law, but not without II. TO de-
prlve without due process Is 10 proceed without
law, by arbitrary acts OF legislation mIscalled law
The State can act only by its corporate officers,
and then only IN pursuance Of State legislation.
II state Governor despolls citizen he Is q sim
pie trespasser unless there be q state law TO JUS
tiiy him. We WIN suppose, then, state law
prohibited by this amendment, which law author.
lies certain thing 10 be done; II IS the doing OF
TINS thing winch Congress may nulltly.
We must discriminate among the prohibiIons--
between those when aim merely AT equality ana
those which ann at other rights. The provision
about the right TO vote, without
DISPLACEMENT ARISING FROM RACE
confers no rignt oil voting but simply provides
tnat, II the right be gwen TO whites IL shall be
gwen 10 blacks Also. Had similar expression
been used in respect to the right TO hou office 1t
surely would not have been said that right 10 an
otlce conferred. SO II the right TO education
nad been mentioned IN the same terms, that
would not have been construed to confer the right
TO be educated
Upon the whole, IL Is submitted That the amehd-
ments, taken IN their natural sense, do not Justify
the legislation now under review.
We come now TO the second proposition, which
is that II the Interpretation contendeu Tor were
not the more natural one, yet IL is at the very
least possible INTERIM citation and IS To be pre-
ierred because IL Is the only one coniorma6le TO
the understanding ana purpose OF the people, by
whom tue text was adopted. Tue general doctrine
up 70 the Tune 81 these amendments continued to
be tnat the States were sovereign over their own
State concerns. THIS complex government
curlousy contflVed 70 give liberty and safety TO
Inc people IN the name 81 tue people ana Tor the
people. It's aim was 10 keep tue peace among
the States and TO manage analrs OF common
concern, Whie IL lett Inc states the entire
management OF their own AFFAIRS. No man
IN his senses could have supposed at the
formation OF the constitution, or can now
suppose, that consolidated government, extend
Ing over so Hluch territory ana SO many people,
can last generation without the destruction Of
the states and OF republican government with
them. history Is iaDe and political philosophy
ueluslon Il any government other than monar-
chcal can stretcn Itself over nifty degrees OF onRl-
tude ana nail as many OF latitude, with $1,000 QUO
people, where there are no local governments
capable OIL standing Dv themselves and resisting
all attempts 10 imperll their self-existence or I'm
pair their authority The moment IL Is conceded
that Washington may. az It's discretion, regulate
all the concerns OF New YORK anu California, OF
LOUISIANA ana Maine; thaf
rHE AUroSoAY OF THE STATES
mas no defence stronger IMAM the seli-denial OF
nuctuatlng congressional niaJor1ties; at that
moment the kepuDuc OIL our fathers Will have dis
appeared. and Republic IN name, but deSpot-
ism IN Iact VIII nave taken us place. TO give way
In another generation 10 a government with
another name and other attributes observe
now Tar on tnat road the maintenance OF the
present legislation VIII carry u.s. IL has already
lea 10 Kellogg VI. Yarmouth, united states vs.
Clayton ana harrison vs.. Hadley and these cases
are Out q loretaste OF what we may nave here
alter It's essential principle Is, that In order 10
anticipate anu prevent VlolaIlon OIL the prohlbi-
lions CONGRESS may eslaplisn system OF law LOT
toe general reguatlon OF all subjects within
sne sIops ,,n, 'ne imsnn nus me ioRieai
,haarv ea mt ,be nrnhinis ri otl :, Sa new
ga ~ nrey,ons candS,,on az sars,,uda NJ Ovs
snIoYcad ~ Tmtng AND wark1na ths M cns:s,arv
~ aacS,ans1 M Inar1ar ,vhot ,sa : ~ tns r.s ~
tne nnct,an 10 he nIed NV me e1sctors 9ha nro ~
hibition AGAINST makinr or en- orcino any law
of me Tp,,ad States NAV h. entorceS nv ,rsninn .
code ri these prlylleges ana immunIties defnsn0
tna nathonr NJ pntoymant and nrnvtdfnr napaf-
r,as inr rne1r v1alattgn an1 inc st,i ,nnra PaSn
prehens,ye pronIbItions agaInst depnying Snv
person oil life. liberty or pro1erty without due nr,S
cess or Il NJ ar DENYING ~ INV narson ,na aaneI
nruiection Of the laws NAV ne ENLARGED nv = more
MISREPRESENTATION code derining the r,gnGs ~ life
lihs nv and nronerty I'm all their ram,ncsttonS'
rne nrocesses al law when are 70 he deemed
dne maj nrotection nj inc laws un,ch A. "a 10
uue mat ni ~ sue lams WHICH y 70 De
torcino tne rf1nts ~ life nharrv ana nrnnarfv ~
remedies civil and crlminaI In these nnmerons
ana multilorm provisions would not cover the
whole oronnd al law sunstantiya ana remadiai
/, ls NOT easv 10 see what wonld he omitted Iha1
n Contained IN the most comnrenensiva exiSt1ny
CODE Tine leglslatlon OF CONGRESS would 81 cnursa
snnervede ar ycuue lao non NV tha Go nnon
M sar,a snhiaets. ma InIta1 statss uomi1 asand
as the UNIVERSAL laWgiyers Of the ennnTy and
tne laws of the states would dwlndie 70 me al.
rnens,ona n corporation ordInancea or the reon.
iatinns az comfy sunervlsors Tne argument an
ns.rs ~ ~ NEUTRALITY-SUSPICIOUS. mat snrh vYss nor ana
ccotId mar hava baen rms lnrent1on or The Amayi-
can neone IN sanctIon,ng these amendments and
thereiore they shouia NOT he tnus interpreTed
avon n mo natural sion,ficance Of Ihstr apgnogs
were AZ m Il nor fayoraple 10 sncn an lnternre.