Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1875-10-06

amendment. Never in the political history of
the country has so direct blow been aimed,
under color OF authority, 1.-THE supremacy of
the Constitution, or precedent been establish
ed so dangerous to free Institutions The au-
thors OF the measure have, with diligent care,
sought to conceal, and yet to accomplish their
eud by the tricks of language, they have en-
deaVored to hide their real purpose by the free
use of the word conspiracy" and by new
definition given to the word ''rebel!ion' The
word rebellion is a word we'll Known to all
writer's 90 public law. 1t has we'll ascertaned
and dchDed meaning, and describes positive
Tact and not theory or supposition; and yet
by tins ac domestic violence" 'unlawtu
combination, and "conspracies, are declared
under certain circumstances to be 'rebeous,"
aud the President Is empowered to suppress
them by The military power Of the government;
and whilst the Constitution permits the calling
out OF the militia to suppress Instructions, yet
this act has gone to the length of empowering
the President to use the military 10 time of pro-
! found peace 10 putting dowu mere domestic
violence aud in breaking up couspiracies; and
the act thus makes murder, arson ma nslaugh.
| ter, rape, and other crimes OF violence against
the person and property, which are punishable
ouly IN the State Courts, cognlzabIe and triable
III lhG redcral courts. 1t Is plan by which
the OnI;ed States Courts may exercise full
criminal ADD civil jurisdiction over any and all
acts OF violence to the person aud property of
private Sl!lz@ns, by which, 10 short, CONGRESS
and the Federal tribunals may assume and WELD
a complete police jurisdiction throughout the
State.
But the exercise of all the powers which pe-
cu!iariy relate to domestic matters, the rights
OF persons ADD property, are by our form OF
government committed to the separate govern
ment OF the States-the function of protecting
the CITIZENS at home, OF preserving personal Sc
curIty, property aud order, by legislation, and
OF enforcing these laws 10 the Courts, is excIu
sVely oonhdcd TO the government of each State
within Us own territory. For that territory ADD
TOR It's inhabitants it is made the sole depos.
tory OF Tue people sovereignty, so far as re-
spccts the private rights of life, person and
pro2erty. Aud yet by this act Congress aud
the Federal Courts have assumed Jurisdiction
over these subjects
Nor have these rights and powers of the
State governments been impaired by the Four.
teenlh amendment, So as to deprive them of
their exclusive jurisdiction over these subjects.
And Yet II is from this amendment that the
advocates OF this act claim to derive the power
to pass II. The clause of the fourteenth amend.
mcnt un1er consideration Is 10 these words:
~" otn,e Siail lahc or euIOrcc any law
which shall abridge the privileges or immuni-
ties OF cltz7us OF the Uutcd States; nor shall
any State deprive any person of life, liberty or
property without due process OF law; nor depv
to any person within its jurisdiction the equal
protection Of its laws"
The Statei here directly addressed and limit.
cd oy TINS amendment, and not its private citi.
z:us or its constituted authorities. 1t is a State
that Is to be dealt with, and not alone the va.
ldtty OF It's laws. How can u State violate the
prohioilous imposed upon it by this amend
ment! Certainly 10 no other Way than by an
act passed 10y It's Legislature, which is its su-
prcme power. In other words, the only way
| possible Tor State to violate this ame ndmeut-
the only way possible for the amendment to be
violated by any one-is by the passage Of law
III cohfct with its provisions. But this act Of
Congress Is not directed agaius, any STATE laws,
and Is not based upon the assumption that thew
are Improper, unjust, or void 1t is not pre-
tended that any law in violation OF this amend
m?ut has been passed by any State. On the
contrary, the act comedies he correctness aud
validity pt the State laws, aud aims all its men.
allies agalost private CITIZENS who break them.
1t has to do with acts OF private Violence and
declares them 10 be not oniy denial &c the
parties Injured Of the equal protection of the
laws, but a denial made by the very State
whose authority is outraged. In one portion
1t Is expressly said that if the constituted au.
thouues OF the State that is, the governor
Judges, shcrltts. Nc, shall fail or be unable to
| protect the people such TACT shall be deemed a
denial 5y such State OF the equal protection of
lne laws. HE other portions require no such
| official default, attempt no such definitions and
are aimed exclusively at wrongs done by ipdi-
Vlduals. 1t mOnstrous pervcrsion of epal
language and legal thought to maintain. as
this act does, that any violence or wrong done
by private cltIz,ns. either Sngy or ia numbers
either with or without concert, eau constitute
the denial of the equal protection OF the laws
contemplated by the Fourteenth amendment
H. therefore, the position assumed 10 this stat
'ute DC correct, Congress and the national courts
may, with equai proprlety, draw to themselves
jurisdiction over all crimes and become the sole
guardians Of order-the single repositories Of
police authority. But we have not space 70
pursue the argument further. The limits IF
this address forbid it. We conclude in the Ian.
guage oil an able article on this subject: ''ro
sum up the results: This act violates the let
t'r OF the Constitution by declaring hat to be
at rebellion against the United States, which
Is nothing more than violence to individuals
and by Permitting the writ Of habeas corpus to
lie ,pended 10 time OF peace; by authorizing
the President to employ the military forces in
rcpresslng opposition to the State laws without
any application from State authorities; by cx
tending the prohlbtlous of the Fourteenth
amendment to cases Of private wrongs, and by
clothing the national courts with jurisdiction
over ordinary crimes aud with the function Of
ornlnary police repression, it violates the en-
tire spirit OF the Constitution by couferring VI
on the President 10 time of peace military dis
crctlon which belongs to him Oh! y as commaudcr.
in cnlet IN time OF actual war and by DESTROYING
the separate inder endence of the States within
their slproprlnte spheres, which was firmly cs-
taolishcd IN the Constitution as an essential fea.
ture in our institutions Claiming to derive an
thority from these provisions Congress passed
the civil tights, bill, and sought by an act of
Z, ngresS IN violation of the laws of nature to
ehcct social equality between the whites and
blacks and, ty virtue OF the same provisions
the effort Was made to pass the force bill, which
would have placed the States at the mercy of