Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-07-24
A Consolidated Government.

We have heretofore mentioned a num-
fer Of things which so to show that the
r,mnaratiyely powerless Federal Govern
Srent wbosc foundations wero laid by our
fathers has been transformed into
national government of unlimited powers.
One Of the clearest proofs OF this fact Is 70
H. found in tho history Of the few words
&, the United States Constitution which
confer npon Congress the power 10 regu-
late commerce among the severai STATUS
THESE few words have enabled Congress TO
rreste a commission that has taken upon
Itself 20 specify in figures what railroad
company shall charge for transporting
-ertain kinds Of freight from, say, New
York CITY 10 Atlanta, Ga cine ter
mini may be anywhere. We speak OIL
Che priuciple.) A government when can
thus enter the States and hus regu-
late" their commerce can at Will con-
Sscate all railroad property in the country
There is nothing which such government
cannot do. The several States are help-
less. Even New York and Pennsylvanla
asserting their rights would be rs infants
struggling to free themselves from the
grasp Of giant. 1T is glorious 10 nave
The strength of giant, but villainous to
use il as "a giant But there never was
net giant who did not use Whatever
Strength was needed TO accomplish his de-
siens. A government which can erect into
q State a rebellious territory ana then
make that bogus State one of the United
States can do anything; and not only So
but ,cW do whatever 1t chooses TO 90.
The Government which formulated the
thirteenth, fourteenth. and fifteenth arti-
Giles of amendment and by force MADE
them parts of the Federal Constitution III
contsmptuousyiolation of that Constltu-
ton cannot he restrained by the Constitu-
zion which il has thus destroyed from DOING
anything it desires to do.
The history of the little clause of the
united States Constitution under consid-
Grafton may be the history OF any other
clause which the Federal Government, or
Federal officials. may choose to make the
subject Of like experience. The New
York World calls attention to two OF the
clauses of the fourteenth amendment US
threatening 10 become as overshsdowlns
IN their nature as tho clause authorizing
che regulation of commerce among the
States by Congress. Those clauses provide
that mo State shall deprive any person OF
life, liberty, or property without due pro
cess of law" and that mo State shall
snake or enforce any law that shall deprive
any person within its jurisdiction OF the
equal protection OF the laws"
These clauses were, as we have SAID.
never ratified IN the manner provided IN
the Constitution for the ratification OF
amendments. They were never ratified at
all. as we proved years ago They were.
by force exercised upon the conquered
Confederate States. made part of the Con
stitution. But. all the same, the Legislative,
Executive, and Judicial departments OF
the United States Government recognize
them as valid. Tho World says truly that
these provisions IN effect subject the en-
tire law-making power of the States to the
supervisory control OF the Federal Judi
Ciary. When arragued in State court a
criminal has only to allege that the State
law under which he is TO be tried contra
venes the Federal Constitution and case
for Federal interference at once arises.
We quote the Word.
"It is not necessary that the defendant should
offer any proof or even submit any argument In
support Of his allegation tocause theFederal iuris-
dlctlon ~ attach. The bare allegation Is enough
g. entiile him asa matter Of right to carry his
case TO the Supreme Court Of the United States
IN the event that the final decision in the state
courts IL against him.
"By this process one Texas murderer and
several from New York were recently enabled
Gong 10 bane the Justice OF their respective
States. Embedded as the evil is III tho very body
81 the Constitution. legislation cannot restore 10
She States their rightiul exclusive jurisdiction
over crimes, but Il is possible for Congress
materially 10 abate existing abuses.1