Richland beacon., 1880-06-05
subjects upon which legislation can be had be-

subjects upon which legislation can be had be-
side, life, liberty and property. Congress can
not authorize a criminal prosecution without
defining crime, and therefore must give express
sion to its own views AS 10 what constitutes
protection to life. liberty and property.
The fourth clause 10 the first section Of the
amendment declares tha. no State shall "deny
to any persen WITHIN is jurisdiction the equal
protection of the laws" This is the clause
chiefly relied on tc sustain the act Of March
1879. But the uaive-saiity of the protection
secured renders thi. position untenable. "All
persons whether permanent residents or tempo
rary scjourners, whether old OF young, male or
female, are to be equally protected. Yet no
one will contend ,hS' equal protection to
women, TO children, 10 the aged, to aliens can
only be secured 10y allowing persons to act as
jurors in cases affecting their interests"
Judge Field distiu gushes between the civil
rights secured by the amendments and political
rights. The thirteenth and fourteenth amend
ments. he says, were "designed to secure the
civil rights Of all persons of every race, color
and condition, but they left to the States to de-
termine to whom the possession Of political
power should be entrusted" And he adds
with unanswerabls cogency and force: "This
is manifest from the fact that when It was de-
sired to confer political power upon newly
made citizeSs Of the States, as was done BY in
hIhiting the denial to them Of the suffrage on
account OF race, color or previous condition Of
servitude, new amendment was required"
In his conclusion Judge Field says with
words which will deserve tbs consideration ot
every patriot: ." Those who regard the inde-
lendence Of tho States in all their reserved
powers-and this includes the independence of
tneir Legislative, judicial, and executive de-
t.al D.. fl
nance Of our form of government--cannot fail to
view with the gravest apprehensions for tho
future, the indictment in a court of the United
States, of judicial officer of the State for the
manner in which he has discharged his duties
under her laws, and Of which she makes no
complaint. The proceeding is gross offense
to the State; il is an attsck upon her sover-
eighty in matters over which she has never
surrendered her jurisdiction. The doctrine
which sustains it, carried to its logical results,
would degrade and sink her to the level of q
mere local municipal corporation, for if Con-
gress can render an officer Of State criminally
liable for the 'nanner in which he discharges
his duties under her laws, it can prescribe the
nature and ex'ent Of the penalty to which he
shall be subjected on conviction it may im-
prison him tor life punish him by removal
from office.
The doctrines Of Judge Field are the ele-
meItary principles Of our Government as de-
fined long ago by Marshall, Webster and lately
BY Chief Justice Chase. Those of the court
are simply the formulation from the bench of
the treason which finds a natural expression in
the cry for "strong government" We are
not surprised that able Republican journals,
both in the East and on the shores OF the Pa
ci6c, should recoil from these alarming and
dangerous decisions. They make up an issue
against cur form of government upon which
the people will have to pass judgment in tho
most solemn and effective form that freemen
can speak.