Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-03-09

ttthfllk EttiucuSt thttts oh0 toWato
such OF their own citizens az had adj
hered 10 the National Government dur.
ing the war, which could not TAIL 10 Ind
expression In
HOSTILE AND DISCRIMINATING LroirtA.
TON.
Ii IL immaterial whether these com.
plants are justified or not; they were
believed by many persons TO be we'll
founded. To remove the cause OF them !;
10 obyiate objections 10 the validity OF
legislation similar 10 that conrained In
the first section OF the Civil Rights act;
10 prevent the possibility OF hostile and
discriminating legislation In future by 0
State against any citizen Of the United
States, aud the enforcement oil any such
legislation already had aud 70 secure to
oil persons within the Jurisdiction olthe
States the equal protection Of the laws,
the first section Of the Fourteenth
Amendment was adopted. Its brst
clause declared who are citizens Of the
United States aud Of the States Ii thus
removed from discussion the question,
which had previously been debated, and
though decided. not settled, by the judy
ment In the bred Scott case, whether
descendants OF persons brought 10 this
country and sold us slaves were citizens
within the meaning Of the Constitution.
II also recognized, II IL did not create q
national citizenship, as contradistin-
gdished from that OF the States. But the
privilege or the duty, whichever II may
be called, of acting ~ juror n the
courts OF the country, Is not an incident
OF citizenship.
woNES ARE ciTizESH;
No are tho aged above sixty, and clnl-
drcn In their minority; yet they are not
allowed in Virginia 10 act as Jurors
Though some OF these are in all respects
qualified for such service, no one will
pretend that their exclusion by law
from the Jury lists impairs their rights
as citizens.
The second clause OF the first section
OF the amendment declares that mo
State shall make or enforce any law
which shall abridgc the privileges or I'M.
munities Of citizens Of tho United
States" In the Slaughter House cases
it was held by majority OF the court
that this clause had reference only TO
privileges aud immunities of citizens ui
the United States, ~ distinguished from
those OF citizens Of the States, aud
therefore did not apply TO those iunda-
mental civil rights which belong 10 citl'
zcns OF all free governments, such as
the right 10 acquire and enjoy property
aud pursue happiness, subject only to
such Just restraints ~ might DO
rREscRmED EoR ruE GENERAL GOOD.
lithis construction be correct, there can
bo no prctenCo that the privilege or duty
Of acting M juror in State court Is
within the inhibition oi the clause
Nor could II be within that inhibition IL
broader construction were given To
the clause, and IL should bo held, vs. con-
tended by the minority oi the court in
the Slaughter House cases, that II pro-
hibts the denial or aDridgnont 10y any
State OF those fundamental privileges
aud immunitins which oi right belong TO
citizens Of all free governments, and
with which the Declaration Of lndcpcn-
dunco proclaimed that all men were en-.
lowed 10y their Creator, and 90 secure
which governments were instituted
among men, These fundamental rights
were secured, previous 10 the amend
mcnt, 10 citizens Of each state in the
other States, by the second action OF
the fourth article Of the Consti.
tution, which declares that "the
citizens Of each State shall be- emit.
tied Ia all privileges aud immuniiies Of
a. -. q kVaI... ~
those privileges aud immunities, IL was
never contended that Jury duty or jury
service was intended.
Tho third clause In the first section OF
the amendment declares that no state
"shall deprive any person OF life, liberty
or property without due process OF law"
1t will not be conten1ed that this clause
conlers upon the citizen any right to
serve ~ Juror in the State Conrts. II
exists ia the Constitutions Of nearly all
the States, and il only an additional 80.
curty against arbitrary deprivation OF
life aud liberty, and arbitrary spoliatiun
II property. Ii means that neither can
be- taken, or the enjoyment thereof im-
paired, except IN the course Of the regu-
lar administration OF the law in the es.
tablished tribunals
TUX EXIsTESCE on rus CLAUSE
ia the amendment IL To inc persuasive
argument that those who framed IT, and
the Legislature Of the States which
adopted IL, never contemplated that the
prohibition was 10 be- enforced In any
other way than through the judicial
tribunals, ~ previous prohibitions upon
tie States had always been enforced. II
Congress could, asan appropriate means
10 enforce the prohibition, prescribe
criminal prosecutions for its iniraction
against legislators, judges, aud other OIL
GERS ul the States, 10 would bo authorized
To- frame vast portion oi their laws, Tor
there are few subjects upon which leg
islation can be had besides die,
liberty, aud property. In determin-
ing what constitutes u deprivation OF
property, it might prescribe the condi-
tons upon which property shall be nc
quircd aud held; and declared a. TO
what subjects property rights shall OK
ist. la determining what constitutes
deprivation ri liberty, II might prescribe
IN what way aud by what means the
liberty Of the citizens shall be deemed
protected In Prescribing punishment
tor deprivation life. II might prescribe
a code OF criminal procedure. All this
aud mudh more might bc done IL once
be admitted, as the court asserts in this
case, that Congress can authorize q
criminal prosecution for the inirietion
Of the prohibitions. II cannot prescribe
punishment without defining crime,
and, therefore, must give expression 10
It's own views as 20 what constitutes
protection.
IiFE, LInERrY AND PROPERTY,
The fourth clause in the first section
OF the amendment declares that DO State
shall "deuy TO any person within It's ju-
risdiction the equal protection OF the
laws" Upon this clause the counsel Of
the district Judge chiefly rely 10 sustain
the validity Of the legislation in ques.
ton. But the universally Of the pro-
lection secured necessarily renders their
position nntenable. All persons within
the jurisdiction Of the State, whether per.
manont residents or temporary sojonrn.
ers, whether old or young, male or &C.
male are 10 be equally protected. Yet
no one viii contend that equal proiec.
ton In Women tn children IN tho al,ad