The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-08-23
Vol. XXXIX.--No 40.

. tiC SDGt1i IAAJtl-
domestic institutions, personal and indi
vIdaal dealings and contracts, local po
ice arrangements, and waoie classes D
subjects heretofore supposed to be under
the sole control of the s ate and county
governments, and even family affair
have been made the subjects OF inqaisi
! ton.
The limitations upon the powers o.
Congress in It's relation to the intern a
/ atfIirs OF the States have been lately the
subject of careful elaboration and adju
dIcation by the Supreme Court of the
United States in cases involving the va
li'lity of legislation by Congress IN pari
nIatertI with that now proposed by the
z sJlution.
In the recent case of the United
States VS.. Cruikshank Mr.. Chief Justie :
Waite delivered the opinion of the
court and said:
1--WE have in our political system a
Government of the United States and a
government of each of the several States
Each one of these governments is dis
tlnct from the other, and each has Cit
zens OF its own, who owe it allegiance,
and whose rights within Its jurisdiction
It must protect The same person may
be at the same time citizen of the
United States and citizen OF a State,
but his rights Of citizenship under one OF
these governments will be different from
those under any other. slaughter house
cases. Is Wallace, 74.)
Citizens are the members of the pc
lltical community to which they belong.
They are the people who compose the
community, and who, in their associated
capacity, have established or submitted
themselves to the dominion of govern
ment for the promotion Of their general
welfare and the protection Of their indi-
vidual as well as their collective rights.
In the formation of government the
people may confer upon it such powers
as they choose. The government when
so formed may, and when called upon
should, exercise all the powers it has tor
the protection of the rights OF its citizens
and the people within It's jurisdiction,
but it can exercise no other The duty
of government to afford protection is
limited always by the power it possesses
for that purpose.
"The government thus established and
defined is to some extent a government
of the States in their political capacity
It is also for certain purposes a govern
ment of the people. Its powers are
limited in number but not in degree.
Within the scope of its powers as emu
merated and defined it is supreme and
above the States but beyond, it has no
existence. It was erected for special
purposes and endowed with ali the pow
ers necessary for its own preservation
and the accomplishment of the ends its
people had in view. 1t can neither grant
nor secure to- its citizens any right or
privilege not expressly or by implication
placed under its jurisdiction.
''The people of the United States res
ideat within any State are subject to two
governments, one State and the other ma
tIonaI but there need be no conflict be
tween the two. The powers which one
possesses the other does not. They are
established for different purposes and
have separate jurisdictions. Together
they make one whole aud furnish the
people of the United States with com
pIet, government, ample for the protec-
ton Of all their rights at home and
abroad. 1t is the natural consequence
of citizenship which owes allegiance to
two sovereignties and claims protection
from both The citizen cannot complain
because he has voluntarily submitted
himself to such a form of government.
He owes allegiance to the two depart
ments, so to speak, and within their re-
spective spheres must pay - penalties
which each exaots for disobedience to
its laws. In return, he can demand
protection from each within its own ju
risdiction.
The Government of the United
States is one of delegated powers alone;
its authority is defined and limited by
the Constitution. All powers not grant
ed to it by that instrument are reserved
to the States or the people. rights can
be ACQUIRED under the Constitution or
laws Of the United States except such as
the Government of the United States
has the authority to grant or secure. All
thet cannot be SO granted or secured are
left under the protection Of the States"
Then again
"The third and eleventh counts are
even more Objectionable. They charge
the intent to have been to deprive the
citizens named, they being in Louisiana,
of their respective several lives and hb-
erty of person without due process of
law This is nothing else than alleging
a conspiracy to falsely imprison or muir
der citizens of the United States being
within the territorial jurisdiction Of the
State of Louisiana The rights or life
and personal liberty are natural rights of
man, ITO secure these rights, says the
Declaration Of Independence, ''goVern-
ments are instituted among men, derl-
wing their Just powers from the consent
of the governed" The very highest
duty of the States when they entered
into the Union under the Constitution
was TO protect all persons within their
boundaries in tie enjoyment OF these
'unalienable rights with which they
were endowed by their Creator" Sow
ereigpty for this purpose rests alone
with the States. 1t 10 no more the duty
or within the power of the United States
to punish for conspiracy to falsely i'm
Drison or murder within State than 1t
would be to punish for false imprisOn-
ment or murder itself.
s'Tbe fourteenth amendment pro-
hibits State from depriving any person
of life, liberty, or propefty, without due
process of law, but this adds nothing to
the rights of one citizen as against an,
other. 1t simply furnishes ar. additional
guarantee against any eneroaGhment by
the States upon the fundapeptal rights
which belong to every citizen as a mem
Der Of society"
These propositions were unanimously
laid down by the court, IN considering al
legged violations ct the fourteenth amend
ment of the Constitution, but are equally
applicable TO the discussion Of the rela
tive powers and duties of the Federal
and State governments under any. and
all provisions of the Constitution.
49, TIT TI-:41I Ckohn5 VS.