The Red Cloud chief., 1876-04-20

CltlZens OF d InlteQ states, being
within the territorial jurisdiction of the
State Of Louisiana. The rights Of life
and personal liberty are natural nights
of man. 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 the en-
ioymsnt Of these 'insliensble rights
with which they were endowed by their
Crestor. Sovereignty for these purposes
rests alone with the States. II is no
more the duty or within the power OF
the United States to puaish for q con
spiracy TO falsely imprison or murder
within q State than il would be 10 pun
ish for false Imprisonment or murder
itself. The Fourteenth Amendment pro-
hibits q State from depriving any person
Of life, liberty or property without due
process, of law, but this adds nothing 10
the rights of one citizen as against
another; it simply furnishes an sddi-
tional guaranty against any encTosch-
ment by the State upon the fundamental
rights which belong to every citizen as
a member of society"
The differences drawn from the matters
IN decision are concisely massed jim the
statement of the Chief Justice.
Experience made the fact known to
people Of the United States, taat they
required a national government tor
national purposes. The separate gov
ernments of the separate States, bound
together by the articles of Confederation
alone, were not sufficient for the promo
ton of the general welfare Of the people
in respect to frcigR nations, or for the
| complete protection as citizens Of the
cOnfederated States, for this reason {:
| The people of the United States, in order
to form a more perfect union, establish
Justice, secure domestic tranquility, pro-
| vide for the common defence, promote
| the general welfare and secure the bless
ings of liberty to themselves and their
pssterity (Const. preamble) ordained
and established the government of the
| United States, and defined its powers by
a constitution which they adopted as its
fundamental law and made Its rule of
action. The government thus established
and defined is to some extent q govern
ment of the States in their political
capacity. 1t is also for certain purposes
a government for the people. Its powers
are limited in number but not in
degree. Within the scope of it's powers
as enumerated and defined, it is supreme
and above the States; but beyond, it
has nc existence. 1t was erected for
special purposes and endowed with all
the powers necessary for its 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 impli-
cation placed under Its jurisdiction.
The people of the United States resident
within any State Sre subject to two
governments, one State and the other
national; but there need be no conflict
between the two. The powers which
the .one possesses the other does not.
| They are established for different pur-
poses, and have separate Jurisdictions.
Together they make q whole, and fur
nish the people of the United States
with a complete government, ample for
the protection of all their rights at home
and abroad. True, it may sometimes
happen that a person is amenable to
both jurisdictions for one and the same
act. Thus, if a United States Marshal
is unlawfully resisted while executing
tie process of the courts within a State,
and the resistance is accompanied by an
assault on the officer, the sovereignty of
the United States ia violated by the re
1 oSokonno o~l that rs thu Gko<o h. Al
breach of peace in the assault. So, too.
if one passes a counterfeit coin of the
United States within a State it may be
an offense against the United States and
the State the United States, because of
the fraud upon him to whom it is passed.
This does not, however, necessarily
imply that the two governments possess
powers in common, Or that it will bring
them into conflict with each other. 1t
is the natural consequence of a citizen
ship which owes its allegiance to two
sovereignties and claims protection from
both. The citizen cannot complain, be-
cause he has voluntarily submitted him
self to such q form of government; he
owes allegiance to the two departments,
so to speak, and within their respective
spheres, must pay the penalties which
each exacts for disObedierce TO ": laws.
In return he a demand protection
from each within its " jurisdiction.
The government of the United States is
n of delegated powers alone. T.
authority is defined and limited by the
Constitution; all powers not granted to
1t by that instrument are reserved 70 the
States or the people. No rights a 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 that
cannot be granted or secured are left
under the protection of the States.
The unconstitutionality of the En-.
forcement Act therefore arises from its
violations of the Constitutional Amend
ment by the hurried manne In which
it was drawn. An act passed in conso-
nance with these amendments for the
better enforcement of peace at the South
would be sustained by the Court.-Ey-
mira (N. ~ Adpertiser.
English N American Slang.