Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-03-08
The Political Cases.


inwardness OF the decision OF the Su-
preme Court in the Patrick county cases
and the Coles case. They 90 many
leagues beyond what our neighbor
thinks, and fully sustain Judge Rives in
the widest extravagancies OF his consti-
tutional theories.
They held that the negroes, Reynolds,
could not remove their cases for trial
into the Federal court for the reason that
the act Of Congress as 1t now stands was
not made broad enough to cover their
cases. The cases were made to turn
upon the construction OF the act OF Con-
gress, not upon tho power OF Con-
gress to pass an act that would cover
their cases. The act OF Congress as it
now stands only authorizes a removal
whore the petition is filed before the
trial commences, and the REYNOLDS did
not present their petition before the
trial commenced They held further
that the simple refusing of a State officer
to put negroes on the juries Of colored
people, was not such denial OF rights
guaranteed by the Constitution as the
act of Congress was intended to refer to.
That that act was intended to refer to
cases where the Consultation or lars Of
State denied some right under the Con-
s,tutiOn, and not where the right was
denied bv States officer simply, not
acting under color of some law OF his
State.
Therefore, when a negro claims at his
trial that the state judge refuses to put
negroes on his jury from bias or preJu-
dice against him, his remepy is not by re-
mova under the act of Congress 10 the
Federal court for trial, but by way OF
exception TO the ruling OF the court,
and writ of error TO the Supreme Court
of the United States. This, again, was
simply a construction OF the act OF Con-
gross.
But the court held further that the
Fourteenth Amendment was very much
broader than the act of Congress, and
authorized Congress to make its laws
cover the case presented by the Rey-
nolds, or any other case that Congress
chooses to declare denial OF the equal
protection of the laws.
Ii held that the amendment prohib-
tied State to deny to anyone the equal
protection of the laws; that State
could be considered to denying the
equal protection of the laws when her
officers denied it, though not under
color ola State law; that the amend
ment authorized Congress to enforce it.
provisions by appropriate legislation;
and, therefore, il Congress should de-
termine that State officers were denying
citizens the equal protection OF the laws,
Though not acting by virtue OF State
statute,l it has power 10 pass any
law that it thinks the occasion calls
for, and to provide for the person
complaining, to remove his case for trial
at any stage OF the proceedings into the
Federal Court, or to provide for punish
ing the States officer for his denial OF
the equal protection OF the law, in any
manner that Il should think fit, whether
BY fine, imprisonment in the peniten-
Tertiary. or by hanging; that that whole
subject was placed by the amendment
under the control and discretion OF Con-
gress, and that any laws whatever that
il should deem necessary for the enforce
ment OF that equal protection of the
laws which The amendment guaranteed
to the citizen, were authorized by the
Constitution. This was the effect of the
two decisions-the Reynolds and the
Coles case-which supplement each
other and bring out the whole scheme.
IL is easy TO perceive that this doc
trine puts the States al the mercy of
Congress. II Congress is authorized to
pass any law which it NAV think zap
propriate" for enforcing equal protec-
ton of the laws, il is obvious that il may
legislate all State laws out of existence,
and all State officers into the peniten-
tlary.
Mr.. Justice Fields doctrine was that
our Government is a federal govern
ment of States, and no construction is
TO be put upon the Constitution that
would enable the Federal Government
TO destroy the State governments, for
then it would no longer be q govern.
ment OF States, and the very essence OF
the Constitution would be DESTROYED un
der the pretext Of preserving the Con-
stitution.
That no legislation could be "appro-