The Morning herald., 1876-03-30

] f PFNf
right Of his whatsoever We snce said
Of Marshal Dunno shat he had no consti
tutional power to interfere at any clecticn
and his arrest and forcible removal from
the polls, would be sustained by the Su
preme Court if ever brought there anc
tried"
For the edi6cation of honest, law-lovine
republicans, we quote Chief Justice Waite
speaking for every member ofthe Supreme
Court (save Justice Cliford,) upon the
source from which a citizen derives or
has his political rights:
"We now proceed to an examination o.
the indictment to ascertain whether the sew.
eral rights which it IL alleged the defend
ants intended to interfere with are such as
had been in law and in fact granted or ST.
cured by the Constitution or laws of the
United States. The first and ninth counts
state that the intent of the defendants to
have been to hinder and prevent the citizens
named in the full exercise and enjoyment
OF their "lawful right and privilege to
peaceably assemble together with each
other and with other citizens of the United
States for peaceful and lawful purpose" !"
The right of the people so to assemble eristed
long before the adoption afMe Constitution of
tae United States-in fact is and alacays has
been one Of the attributes Of citizenship smder
a free government.
The government of the United States
| ,,lo 81 had in 4,
the obligation on the part of States to af-
ford it protection, as no direct power over
it was granted to Congress. It remains,
according to the ruling in Gibbons Us. Or
den, subject to State jurisdiction; only suct
eristing rights ersre committed by the people to
the protection Of Congress as came arithin the
National Government. The first amend
from abridging the right Of the people to
for redress of grievances. This, like the
other amendments, proposed and adopted
at the same time, was not intended to limit
the powers of State governments in respect
to their own citizenship, but to operate on
the National Government alone.
X 4 4 X
The particular amendment now under
consideration assumes the existence of the
| right Of the people to assemble for lawful
purposes and protects it against encroach
ment by Congress. The right was not crea-
ted by the amendment, neither was its con-
tnuance guaranteed except as against Con-
gressional interference. For their protec-
ton in it's enjoyment, therefore, the people
must look to the States. There is where
| the power for that purpose was originally
placed and it has never been surrendered to
the United States"
So much for the Republican doctrine,
that it is the United States which protects
the citizen in the enjoyment of the righ,
of meeting for petition, &c. The Supreme
Court maintains the Democratic dogma,
that the United States have no more to do
with the endowment Of such rights upon
their citizens, than the Prince of Morocco
orthe Sheik Of Tim!uctoo. One of the most
widely accepted political heresies; is that
the Constitution of the United States gives
right to our citizens to bear arms. We
have often tried to hammer it into the
leads Of Republicans, that the Constitu-
ton inhibited the United States, to make
law infringing the State right of citi-
zen to bear arms-growing out of his State
citizenship, but rarely succeeded. The
Supreme Court decides that the Fright to
bear arms"
"ls not right granted by the Con-
stiution. Neither is it in any manner
| dependent on that instrument for its exist
ence. The second amendment declares that
it shall not be infringed, but this means no
more than that it shall not be infringcd by
Congress. This is one of the amendments
| that has no other effect than to restrict the
powers of the National Government, leaving
''hn people to look for their protection
ermlinst any violation by their fellow-citi-
ritisls Of the rights it recognizes to what is
r.. ed, in The City of New York VS.. Milne,
'The powers which relate to merely NUM-
cipal legislation" or what W as perhaps more
properly called internal police" not sur
rendered or restrained by the Constitution
of the United States"
! In two Of the counts of the indictments
against the citizens of Louisiana, there
was charge:
| "That the defendants intended to kill
| Weston and Tlllman, and oonspired to de-
prive them OF their liberty"
After full and exhaustive commentary
upon the sole and sovereign power Of
Louisiana, to punish an offence committed