The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-01-28

power to carry into execution the powers
vested by the amendments IN tue doVern
mert OF the United States, without the en-
forcing clause, and that. clause in mo- way
extends or enIarges the power, OF Congress
to carry into execution powers vested or TO
enforce provisions Of the Constitution. J.
Secondly. The three war amendments 90
not operate on persons, nor. contain restrlc-
tions on persons, except in the prohibition
\ as to slavery, which it is, declared shall not
exist, and acknowledgements for aiding re
bellion. But every other prohibitions OF
Limitation contained or set forth IN, the
amendments is prohibition or Limitation
on the power OF States or OF the Unhed
States. - 3si 4 Iifs8.s ~ E&s .t -
The fourteenth amendment prohibits the
State irst.tai i,tGff I" ~ l..
1. From paying any debt incurred in aid
OF rebellion, u JrG lGaig t; 8 ;,
2. From making any law which shall
abridge the privileges or immuDlties OF cua:
zsns Of The United States. -ri4.5 l,gL..Gs
g. From depriying any person OF life, llb:
erty, or property without due process OF
law, or denying to. any person within its
jurisdiction the equal protection,of the law.
And the fifteenth amendment adds an.
other prohibition and limitation on tile
power Of the States. by declaring p.
4. That no State shall deny the right OF
citizens OF the United States to vote on ae-
count OF race, color, or previous condition
of seryitude. ys,.g. s ,4.., 80" - -
These four prohibitions are limitations on
States, and operate on State action.
Any individual may pay v.
i,A,DEBT INCURRED IN AID OF REBELLION
but q State cannot do so. Any individual
may .abridge, or iniure, or take away The
privileges and iInmunities OF a citizen OF
the United States, but State cannot do so.
The individual is answerab1e to his State,
and to his State alone, but the State action
is reyisablc by the United States through
its judicial power, which pronounces it
void. Any individual may deprive per-
son Of life, liberty, or property. without
due process OF law, and deny such person
the equal protection Of the laws. In so
doing such individual will be guilty of a
crime against State laws, to be punished by
State courts; but il a.State were. to attempt
to do such a thing her action would be ar
rested by the Federal judiciary.
The few prohibited acts, when perpe-
trated by individuals, may or may not be
criminal under State laws; when done by
States alone do they come within the. pur-
view OF Federal power. 80
From.this 1T follows that the use OF the
military to protect life, liberty, and proper
ty against illegal violence is unconstitutional
and a dangerous usurpation. Tue states
must protect life, liberty; and property.
The United States have neither the right,
duty, or power to interfere to do 80. 1t
equally is evident that the use OF the mill
tary to supervise elections and preserve or
i, \ eo,, "a 1Ift
riZed by the Constitution. 1t is equally
eIour rnar Tne IMP OF me posse com ttG!nS to
execute unconstitutional acts of Congress
is also unconstitutional. II State law OF
Virginia had denied these men the equal
protection Of the laws, then the Federal
court could have interfered and prevented
such unconstitutional law from teing en-
forced; but Federal court can only inter
fere to prevent their being denied the equal
protection OF the: laws-not to execute those
laws itself.
1t being evident, then, that the war
amendments do
NOT ENLARGE THE POWERS OF THE CONGRESS
to cary into execution the provisions OF the
Constitution, and that they impose restric-
tons on the powers of States and not on
individuals, except in the prohibition OF
slavery and the acknowledgements imposed,
it only remains to examine how these pro-
hibitions operate en- the States.
No State shall pay any debt incurred in
aid Of any rebellion, past or future.
Nor shall any State make any law which
shall abridge the privileges and immunities
OF citizens of the United States. ..
Citizens OF the United States are not the
same as citizens of States. Every citizen
OF the United States need not Of necessity
be citizen of State. He may be cti:
zen OF the District of Columbia, OF the Ter.
ritolies, or he may be born or live abroad,
so as to be only citizen of the United
States and not citizen of any State, Terri
tory, or District. SO any State may grant
the rights of citizenship to whom she pleases.
She cannot deny citizenship to citizens OF
the United States resident within her juris.
| diction, but :.
SHE MAY EXTEND CITIZENSHIP TO WHOM. SHE
WILLS.
Virginia may make Mr.. Beresford-H Hope a
citizen OF Virginia, but be would not there.
by become citizen OF the United States.
Now, citizens OF the United States are
thereby entitled to- certain privileges and
immunit;es. More, the States cannot
abridge OF impair; and citizens Of State:
are entitled to certain other privileges ani
immunites. Over those the States have
absolute control. -.
The Supreme Court OF the United States
have considered these distinctions in seve.
| raj deliberately -argued cases-thc Slaughter.
house cases, 16 Wallace; Minor Us. Hap,
| persett, 81 Wallace; Baremyer Us. Iowa, Is
Wallace, and Cruikshank's case, 81 United
States Reports-and they have drawn the
| line clearly between the rights OF citizens
OF the. United States and those OF citizens
OF States. Citizens OF the United States are
entitled to rights growing out OF the Fede
raj relation, to protection on the high seas
and in foreign countries, access to the Ma
tional Capital, and to the seaports,. &c.
But all rights OF liberty, property, anC
the pursuit Of happiness adhere to citizen;
OF States, and must be enjoyed under The
protection OF States. TO the States belong
! the duty and 81: ..,ses I ~ 80. i,
T. THE POWER TO REGULATE THESE RIGHTS,
tand the United States have no power under
the war amendments, or.otherwise, to in
terfere with the action Of the States in thai
behalf, except to see that they do not de
prive any person, citizen or not, OF those
rights acitkout due process of tGac, and tht
States are to determine ,ohattiS due process
| of tuao. These propositions OF constitutions
law are established by the Supreme Cour
| as firmly AS any provisions OF the Constitu
/ ton. The States are to regulate aud pro
tect rights Of life, liberty, and property BY
their own laws executed by their own OLD
GERS. Hence it follows that. the whole
scheme OF ciyiEfights Legislation is void
The right to make contracts, to acquire o
transmit property, to carry on the bushes
Il M