Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-01-30
THURSDAY. JANUARY 30. 1890.
A Nice Point.

We drew yesterday from recent decision
IN North Carolina case the hopeful infer
ence tina. the Supreme Court OF the United
Bates might decide the Virginia debt cases
Nrgued last week before that court in favor
of the Commonwealth. The line between
Che powers of the State governments and
che Federal government-between the Ju-
risdiction of the State courts and the iuris-
diction OF the Federal courts--is. we think,
becoming visible to many eyes which for
wears could see nothing in tho fabric
created by the Constitution of the United
States except Great Iron Wheel" IN the
form of a grand consolidated central despot-
Ism authorized TO ride rough-shod over the
rights Of the people Of the several States,
and TO crush all the life out of our free in
situations.
The hopeful indication to which we
called attention yesterday was o decision
of the Judicial department of the Federal
Government. We call attention to-day TO
q hopeful indication which we have OBJ
served in the legislative department. In
discussing Mr.. CHAsDLER's resolution d.
recting the Attorney General TO transmit
90 the Senate the report recently made by
United States Marshal JOHN s. BURTON.
of the Northern district of Mississippi,
concerning the maltreatment of HESEy j.
FRANZ, at Aberdeen. in said State, Mr.
GEORGE, of Mississippi, had challenged the
senators on the Republican side of the
chamber to produce any section or clause
of the Federal Constitution which en-
powered Federal court or the Federal
Legislature TO take jurisdiction in such
case-say case OF assault and battery-as
che one referred to in Mr.. CHANDELIERS
resolution. Mr.. CHANDLER attempted
60 comply with Mr.. GEORGES request.
rs did Mr.. SpooxyR also. But they failed
lngloriously. Mr.. CHANDLKR's best point
was the sarcastic, evasory declaration that
II in making his report to the Attorney
General of the United States the Marshal
for the State of Mississippi interfered with
Che jurisdiction and the prerogativesof the
sovereign and law-abiding State of Missis-
sippi then, most certainly, it was highly
proper for the Senate TO call for the report
In order that this outrage upon Mississippi
should be known to the Senate in all its
length and in all its breadth, and, perhaps,
sebuked by the Senate or by the joint &C
Zion of tho two houses of Congress. MIR.
SpooNEn's best point was that the Senate
had power to investigate the Department
of Justice, and thus incidentally compel
che Acknowledgement TO produce any paper
on file in his department. Mr.. GEORGE re-
1oined that Mr.. SpooxEg was very good
lawyer. and had given reflection to these
matters. He asked him to lay his finger
upon that clause Of the Constitution which
authorized the Senate Ito do this thing"
Mr.. HoAR, who is, next to Mr.. EDMUNDs.
perhaps the best lawyer in the Senate on
che Republican side of the chamber, SEEM
ed to feel that Mr.. GEORGE had cornered
CHANDLER and SPooSEB. Mr.. BENTON once
said that when he was pressing MIR. CLAY
COO hard in discussion in the Senate his
<bofman came to his assistance (alluding to
Mr.. Foorx, of Mississippi. In this IN
stance il was Mississippi senator who
had pressed his Republican antagonists so
hard that Mr.. HoAR felt obliged to como TO
their assistance. Upon what section OF
che Constitution did he put has finger
After SAYING that the Constitution had
among It's objects the protection of,the
rights of citizenship so far as Il under
takes to prutect taenn," and undertakes that
no citizen snail be deprived of due process
of law, that no State shall deprive him
of certain constitutional rights by reason
of race, color, or previous condition, Mr..
HoAR concluded as follows:
"Mr. President,-The Constitution also
provides that the two houses of Congress
may In fitting cases inaugurate and pro-
mote and propose amendments TO the Con-
stitution. So If. as time goes on. constitu.
tional powers conferred and defined and
restricted in that instrument turn out to
be inadequate for the great general pur-
poses Of securing equality OF right to al
classes and conditions of men,. amend
ments may be proposed thereto rs they
have been proposed for these very pur-
poses
ptitutional power Of this body to inquire
Into every transaction which has taken
place within the limits of the country with
the view of ascertaining not merely
whether the existing powers Of the United
States, Of the Constitution aud laws. have
proved adequate or not to the security OF
these great rights, but also for the purpose
Of determining whether it be .expedient or
COnvenlent or neoessary 10 ask tne people
70 enlarge the powers. II in any instance
ehey have proved insufficient.
Upon that proposition, without enter
fng into several Others upon which the doc
trine may be placed, rest the right to
make this inquiry"
The words we have put in takes are
particularly significant. But the entire
answer OF Mr.. HoAg shows thai be agrees
substantially with MIR. GxoBoE on the main
question. and not with Mr.. SPooSER or Mr..
CuxHDLxR- This was Mr.. HoAE's nice
point; and we regard it as another hopeful
indication. We feel confident. too, that
day by day the cause of the South grows
stronger among our northern brethren. If
the Democrats IN Congress will only stand
ut their posts rs did the Roman soldier who
Has buried in svolcano's ashes rather than
desert HIS. and prevent the present Con-
gress from passing national election-law,
The people of this country will never after
wards DO divided into two sectional par
ties-centainly not rs between the North
Ind the South.
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