The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1878-02-25


we sent then to Mr.. Anderson, who was in prison.
did not feel nor did these gentlemen who signed
that despatch feel that like towards we should keep
silence while Mr.. ANDERSON was being tried in this
way. We felt like speaking out, and we did speak
out.
Mr.. Speaker, there is profound impression in the
country that this proceeding in louisiana sus-
tanned as it by the Democratic party there, has
some root elsewhere. There are many men
who believe that this whole performance is die
tated, urged and driven by the restless men who
do not mean to ever admit that the presidential
title has been settled that it is part and parcel Of
preconceived and predetermined plan to open the
adjustment which was accepted by Congress in
March last audto bring upon the country all the an
noyanees and embarrassments and dangers of a con-
tested presidential seat. Whether or not that be 80
do not know and care as little. I only know that
the manifestation from these late proceedings is that
no Cancellation is possible with the Louisiana DEM
ocTa,y, and that when the old intolerant spirit
against Republican offenders leaps up into life again
the whole Democratic party, South and North APP
plauds the demonstration
This, sir. cures me of Cancellation as applied to
that party There is but way to meet it, and that
way is in open, constant conflict.
These things have made profound impression up
the people of the North. They that good faith
the part of the gentlemen of the South cannot be
expected. Their confidence has been checked, or
thrown back wholly.
The President of the United States has opportu-
nifty to-day of learning the lesson of misplaced
dence. 1t is the old, old story story that old
when Shakespeare's banished lord sung of mans in
gratitude in the forest of Arden. There has been
nothing that the President of the United States
could do to make eficacious his course toward the
South that has not been done, both in Louisiana and
elsewhere. There has been no encouragement that
could be holden out to that section to exhibit good
faith that the President has not resored to- He has
appointed officers in high places; in his Cabinet
from the South he has appointed ministers to repre-
sent us abroad from the South. He has taken into
his confidence in filing important local places gen.
tlemen of high repute and standing in the Demo-
cratic party and has regarded their counsel because
he has been anxious that in this experiment he has
been trying that shall say if it fails. that
there any lack his part and to-day this is the
eturn he receives from louisiana
do not know, cannot tell what may be the &C.
ton determined upon by this ADMINISTRATION with
reference to the present situation in Louisiana; but
1 was sorry to see that, when Mr.. Anderson was
sought to be arrested and officers OF the government
tried to protect him for brief time in the Custom
leading in the state despatch went down to those
officers that they should in no regard interfere with
the process have not heard that from that day to
this the administration has lifted its voice in any di-
Iection showing that any tion would tie taken in
the premises.
Mr.. Southard-Does tae gentleman hold that there
is any right on the part of the administration to in
terfere with the courts Of Louisiana or Of any other
state?
Mr.. Hale-I was just coming to that point. ]
turn to the Constitution and find that the fifth ar
ticle Of the announcements is as follows:
No person shall be held to answer for capital OF
otherwise infamous crime. unless on presentment
or indictment of grand jury, except in arts
ing in the land naval forces, in the militia wher
in actual service in time of war public danger
nor shall any person be subject for the offence
to be twice put in jeopardy of life limb; shall
be compelled in any criminal case to be witness
against himself nor be deprived Of life liberty, Of
property, without due process Of law nor shah pri
vate property be taken for public without Just
compensation.
/ know how that provision has been construed pre-
vious to the adoption of the fourteenth amend nent
but the fourteenth amendment to the Cor stitu
! ton has been adopted.
Mr.. Tucker-Does the gentleman not know that
by unif I'm course of decisions, from the case oil
Barron City of Baltimore down TO the Milligan
case that amendment has only been construed as
appl Sing to the Federal courts?
Mr.. Hale-I said that knew how the provision
had been construed prior to the fourteenth amend
ment; but in the fourteenth of the amendments to
the Constitution which was adopted for the further
aud increased protection of all citizens throughout
the United States and which extended the operations
of the government SO as to protect its citizens in
| every state, it was provided:
All persons born or naturazed in the United
States, and subject t; the jurisdiction thereof art
citizens OF the Unite States and of the state where
in they reside. No state shall make or enforce am
law which shall abridge the privileges or immunfties
OF citizens of the United States; nor shall any state
deprive any person or life, liberty, property, with
out due process of law.
Mr.. Tucker-Does the gent emen say that inform
alton is not due process of law?
MIR. Hale I mean to say that this is que stior
tbat should be tested and settled. 1t my opinion the
/ fourteenth amendment must be taken to mean du,
process Of law divided in the fifth article of thu
amendments of the Constitution, namely, pr esent
ment or indictment by grand jury, and that sine,
the passage of the fourteenth amendment such law
as Louisiana has is invalid and can have no opera.
ton upon citizen of the United States.
| MIR. Tucker-Then why did not the amendment
say SO?
Mr.. Hae-Whether my Interpretation is a correc1
one is matter to be settled by the courts The dis
trct attorney of Louisiana ght to be instructed
as iepresentng the government, to aid in any move
ment to transfer the case to Federal tribunal 81
that the question may be settled to the operation
of the fourteenth amendment. Without setting Ill
any claim to be great lawyer, although have beer
practicing law all my ife this point has great force
with me, and maintain that it should now be set.
| tied The administration, in my Judgment, would
do well to see that any rights under the Constitution
that any citizen has in Louisiana shall be protected
in this way. 1t has given away enough there al
ready. Let it now assert some rights and having
asserted them maintain them.
MIR. Elam-Will the gentleman permit me to in
terrupt him now?
Mr.. Hale-I will.
Mr. Elam-If The construction which the gentle-
man places upon the fourteenth amendment of the
Constitution of the Unite1 States correct and the
point is made upon the trial and the exception is
overruled- the point made that the trial could moi
proceed except upon indictment-is not the remedy
by writ of error taken to the United States courts
If that is correct then what has the President or
this Congress, any Department of this Government
to do with that question?
Mr.. Hale-The representative of the Department
OF Justice, which is part of the Federal Admins.
tration, the district attorney of the United States
In the State of Louisiana Now, have yet heard no
man SO bold as to atgue that if citizen is not pro-
ecteu IL he Is pelng prosecuted in State not in &C.
cordance with the law, the Government of the Unit
ed States shall not interpose for his protection.
have heard nobody present that argument; 1 have
heard no one SO bold as to make that claim Now if
the Government of the United States believes that
here is citizen who under unconstitutional law
unconstitutional under the fifth article and the four
teenlh amendmentof the Constitution of the United
States-s not having fair trial, then it is the duty
OF the Administration through the officers of the
judicial department of the Government to see that
he has the benefit of this constitutional provision
Mr.. Carlise-Wi the gentleman let me askEhim a
question?
Mr.. Hale-I will.
Mr.. Carlise-Do understand the gentleman from
Maine (Mr. Halle to hold that if the defendant him
self or his counsel has refused or declined to make
the point he indicates, it is then the duty of the
United States Government 10 step in and take charge
of his case?
Mr.. Hale-I take IT that nobody has taken charge
of his case, but co-operated with his counsel and
the Administration knows full well that such co.
operation will be gladly received.
MIR. Carlise-Then he will get the benefit of it. and
am in favor of his having it,
Mr.. Hae-He asks nothing more than that And
only say that in my view the Administration will