The Pulaski citizen. [volume] (Pulaski, Tenn.) 1866-current, 1876-04-13

pd- yDSCo3 etANA A0fO y 80
dictions. Together they make one
whole, and furnish the people Of
the United States with a complete
government, ample for the protec-
ton of all of their rights at home
ana abroad. True. it may some
times happen that a person is amen
able to both jurisdictions for one
and the same act. Thus, if a Uni
ted States marshal is unlawfully re
sisted while executing the process
OF the courts within a State, and the
resistance is accompanied by an as
sault on the officer, the sovereignty
of the United States is violated by
the resistance, and that of the State
10y the breach of peace in the as
sault. So, too, if one passes the
counterfeited coin of the United
States within the State it may be an
offense against the United States
and the State-the United States,
because it discredits the coin, and
the State because of the fraud upon
him to whom it was passed.
This does not, however, necessa
rily imply that the two governments
possess powers IN common, sor that
bring them into conflict with each
other 1t is the natural conse
quence of a citizenship which owes
its allegiance to two sovereignties
and claims protection from both.
The cit zen can not complain, be
cause he has voluntarily submitted
himself to such form of govern
ment: he owes allegiance TO the two
departments, so to speak, and, with
in their respective spheres, must
pay the penalties which each exacts
for disobedience to its laws In re-
turn he can demand protection from
each within its own Jurisdiction.
The Government of the United
States is one of delegated powers
alone. Its authority is defined and
limited by the Constitution; all
powers not granted to it by that in
strumert are reserved to the States
or the people No rights can be
acquired under the Constitution or
laws of the United States except
such as the Government of the Uni
ted States has the authority to
grant or secure. All that can not
be so granted or secured are left
under the projection of the States.
He then goes on to take up the
sixteen counts of the indictment
and dispose of them as follows:
The Ist and 9th counts state the
intent of defendants to have been
to hinder and prevent the citizens
named in the full exercise and en-
joyment of th-ir ''lawful right and
privilege to peaeeably assemble to
gether with each other and with
other citizens Of the United States
for a peaceful and lawful purpose
This is not right guaranteed by
| Congress, but it is a subject o.
State jurisdiction, a right under the
common law The only power del
egated to the United States in this
matter is found in the first amend
ment, and this only limits the pow
er OF Congress to abridge the right
of the people to assemble, and does
not give it power to enforce their
right to assemble The Ind and
10th counts are equally defective
The right to bear arms for Lawful
purpose is not one granted by the
Constitution, nor does it depend
upon that instrument for its exist
ence. The second amendment de
clares it shall not be infringed, bat
this means no more than that il
shall not be infringed by Congress
State or police laws must regulate
this. The 3rd and 18th counts are
even more Objectionable. They
charge the intent to have been to
deprive the citizens named of theil
lives and liberty of person without
due process of law. The whole
meaning of the Constitution and
laws upon this subject is summed
up by the Chief Justice in this one
sentence: Sovereignty for this pur
pose rests alone with the States. >
The 4th and 18th counts charges
the intent to deprive certain citi
zens of the equal protection of the
laws of Louisiana and of the United
States, and does not charge it on
account of race, color, etc. The
14th amendment prohibits a State
from denying to its citizens equa
protection, but it goes no further
than to erect a standard to which
State laws must come, and after
that the whole matter lies with the
state as an independent sovereignty
The 9th and 18th counts allege the
intent to hinder the citizens named.
being of African descent, in the
! free exercise of their right to vote
etc. The Conqtution has not con
ferred suffrage upon any one and
has no voters of Its own creation in
the states. The 18th amendment
simply prescribes that no limitation
of this right shall exist in s-ate
laws on oecount of race, color, etc,
and this not being alleged in the
indictment, they must fall, The
TIN and 18th counts charge the in
tent to be to put the parties in great
fear of bodily harm because they
had voted at a lawful election, be-
ing qualified so to do, in said state.
The United States has no power to
regulate state police duties, and
this is purely an infringement OF