The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-01

STATES eACpt SUCH IS tue government Oh
the United States has the authority TO
granted or secured are loft under tho
protection or the States.
We now proceed to an examination oi
tho indictment to ascertain whether the
several rights which, II Is alleged. the
defendants intended to interfere with
are Huch ms had been in law and in fact
4 granted or secured by tho Constitution
or laws Of the United States. The first
and ninth counts state the intent of the
defendants to have been TO hinder and
prevent the citizens named in the full
exercise and enjoyment of their claw
ful right and privilege to peacenbly as
scmhle together with cnch other and
with other citizens Of tho United States
for y peaceful and lawful purpose. z
The right OF the people SO TO assemble
existed long before The adoption or the
Constitution Of tho United States In
fact, is and always has boon one Of the
attributes Of citizenship under n free
government. t559. The United States
vs. Cruiksbank ct al II derives It
source, to use tho language Of Chief Jus
tice Marshall IN Gibbons vs.. Og-
den. . Wheat. gil, from those laws
by civilized man throughout the
world II IL found wherever civiliza-
tion exists. II was not there for n right
granted to the people by the Conettt.
| ton. The Government of tho United
States when established found II In OK
istence with the obligation on tho part
of States to afford II protection. na no
direct power over II was granted TO
Congress. IL remains. according to the
ruling In Gibbons VS.. Ogden. y Wheat.
203. subject 10 State jurisdiction only
a. a
tho people to the protection of Congress
rs came within tho general scope Of tho
authority granted to tho National Gov
eminent. The first amendment to the
Constitution prohibits Congress from
abtidging the right Of tho people to
assemble and to petition tho Govern
ment for u redress Of grievances.
This. like the other amendments
proposed and adopted ut tho same
time. was not intended 10 limit
the powers Of State governments In
respect To their own citizenship. but
to operate on tho National Government
alone, Barron va. The City Of Balti-
more. ~ Pot. 81 7. Lessee. Of Living
ston. vs. Moore. Pet, h5i Fox va Ohio.
8 How. d3l Smith va Maryland, = How,
76. Withors Va. Buckley. 20 How. 30 !.
Perycar Va. The Commonwealth. & Wall
40, Twitchcll VS. The Commonwealth.
I Wall. 39l Edwards va. Elliott. 81
Wall. 557 II is now too late to aues-
ton tho correctness Of this constr,ic-
ton. aa was said by tho late Chief
Justice in Twitcholl vs. The Common
wealth. 7 Wall. 32a Tho scope and
application of these amendments are
no longer subjects of discussion here.
They left the authority Of the States
just whore they found IT, and added
nothing To the already existing bowers
OF tho United States. The particular
amendment now under consideration
assumes the existence of the right
of the people to assemble for lawful
purposes. and protects II against en-
croachmcnts by Congress The right
was not created by the amendment
neither was its continuance guar
nntod except ns against Congressional
Interference For their protection In it's
enjoyment. therefore. tho people must
look to the States There Ii where the
power Tor that purpose was originally
placed. and II never has been surren.
dered to tho United States Tho right
Of tho people peaocably to assemble for
the purpose Of petitioning Congress for
redress OF grievances or for anything
connected with tho powers or duties OF
the National Government. Is an attri-
butte of national citizenship. and IA such
under tho protection of tho United
States. The very idea of n government
Republican in form implies n right ON
the part Of It's citizens to meet penoably
Tor consultation IN respect to public
affairs. and to petition for n redress
OF grievances. IF IL had been nj
legged in those counts that the object
OF tho defendant was to prevent
n meeting for such purpose the
course would have been within the
statute and within tho scope Of the
sovereignty Of the United States. Such.
however, is not the case. Tho orrense.
as stated in the indictment, will be made
out If 1t be shown that tho object of the
conspiracy was to prevent u meeting for
any lawful purpose whatever. Tho sec
ond and tonth counts are equally defect
Two. Tho right there specified Is TINT of
bearing arms for lawful purpose. This
is not n right granted by tho Constitr
ton. Neither Is IL in any manner
dependent on that instrument for it's
existence. Tho second amendment
declares that it shall not be- nfringod.
but this means no more than that IL shall |
not be infringed by Congress. This Is
ono OF the amendments that has no
other effect than to restrict the powers !
Of the National Government. leaving tho
people to look for their protection
against any violation by their fellow citi-
zens OF tho rights it recognizes to whnt
Is called in the City of Now York Va,
Milne. II Pet, 1870. "Tho powers which |
relate to merely municipal legislation"
or what was perhaps mora properly
called internal police. not surrendered
or restrained by the Constitution OF the
United States. Tho third and eleventh
counts arc even moro Objectionable.
They charge tho intent to have been to
deprive tho citizens named, they being
N Louisiana, Of their respective several
ives and liberty Of person without due
process of law. This Is nothing else
han alleging n conspiracy To falsely i'm
prison or murder citizens Of tho United
states, being within the territorial j,lris-
LECTION Of the State of Louisiana. The
lights Of life and personal liberty are
natural rights Of man TO secure these
lights. says the Declaration Of Indie.
'endence, governments arc instituted [
lmong men, deriving their Just powers ,
rom the consent OF the governed" The |
cry highest duty of the States when ,
hoy entered into the Union under the {
was to protect all persons |
within their boundaries i'm tho enjoy [
mont Of these A" inalienable rights with
which they were endowed by their Crea-
or. Sovereignty for this purpose rests 5
lone with the States. IL is no more the {
uty or within the power OF the United |
tates to punish for a conspiracy, to s
n lgcIV I'm nriapp nr ,purI,c Ill, !,