National Republican. (Washington City (D.C.)) 1872-1888, 1884-01-25
The sherman Resolutions.

The sherman Resolutions.
The New York Herald treats its readers
to some constitutional law upon the subject
of Senator ShoImans resolutions of inquiry
concerning political crimes in the south. 1t
declares that the supreme court of the United
States has decided in the civil rights and the
kuklux cases that "the constitutional pro-
hibition Of the denial or invasion of civil
rights, or Of the equal protection Of the law,
is aimed wholly against states, and not
against persons acting without state author
ity or sanction; !" that sit does not prohibit
individu ais from doing these things" and
that ut gives to congress no jurisdiction over
a wrong or a crime committed by one person
against another, when such wrong or crime
is not authorized or sanctioned by tho laws
Of the state in violation of tho national con-
stitution." The Herald says:
In such case the state alone has Jurisdiction ofthe
otfense, aud whether or not 1t enforcos its crmi.
nallaws against the ofender,it would DO an inva
sion Estate sovereignty and usurpation OF state
rights for congress 10 assume Jurisdiction Hence
punishment Of political outrages volcncc. and
murder committed against colored citizens "a aliy
other citizens by individuals in the south than it
has to pass law for tho punishment Of muir derers
III the city of New York. II does not up.
pear, therefore, that congress has any constitu.
tional power to act as proposed BY Senator Sher-
man, unless 1t be to offer an amendment TO the
constitution, and this is apparently not the pur.
pose of the resolution.
The supreme court has not yet decided that
no law eau be framed by congress which
would be constitutional, aud under which
citizens of tho United States may BIO pro-
toctcd against foreign governments erected on
our own soil. If Estate sovereignty" has sur =
vived the civil war, and if tho states of Nir-
ginia and Mississippi are independent ma
tions passing in and out of the pale of the
federal constitution at will, then defensive
war should be waged within their borders
against all who challenged rghtful federal
authority and especially against those who
contemn national citizenship, and its prvi =
leges and immunities, guaranteed under the
national charter and covenant.
The resolutions of Senator Sherman are di.
rected toward solution of the vital question
of whether, after all the sacrifices Of the war,
the nation is really at an end.
We are asked to admit state sovereignty
so complete that within its solemn circle the
nation cannot arrest tho wholesale murder
of its citizens unless they are killed pursuant
to state law.
Is it not monstrous? Is the giant of ma
tional sovereignty indeed so bound
in the meshes of fanciful and
| spirit.killing constructions of the letter OF
the law that barbarism is sanctifed and a
revolutionary faction may run riot until
checked by the local despotisms it has itself
erec'ed upon the ruins of republican state
governments? Never believe it. Where
there is a wrong there is a remedy.
New occasions teach new duties" Dahomey
will go down in its struggle for supremacy in
the south. The heart of the nation still beats
aud its brain still works. and, despite the
brutality Of some and the indifference
VI ldWb Gail anu Will DS ueVlbeu
and the people will choose representa-.
tives to record them in the statutes OF
the land. 1t may not be this year,
and then again it may. If the republicans
in congress do their duty they will soor
arouse the people from dangerous slumber
and will call them to a conflict during the
summer with the enemies of free govern
mont. Commerce, revenue, currency, ant
the regulations for appointments need not b.
belittled, nor any small estimate be placed
upon the power of those who deem
them of highest Importance, but the republic
can party will not BIO saved by the popula
interest in these matters alone. Deep dowr
in the religious and humane heart of tn
country will be found an indifference to re
publican success if it means only the regula
ton of duties on imports and the distribution
of Offices Some people think that only fool
are in earnest; hut there are fools enough G
that kind to make themselves felt. Let no
the republican party 60 into battle withou
them.