The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-01-08

The fact that educational and property uualt-
hcations for the suffrage are imposed in some
OF the Southern States and are likely to be
adopted In others gives timeliness and useful
ness to the pu utilization In hook form oil the lee
lures delivered last year before the Dwight
Alumni Association on the Fourteenth Article
Of Amendment TO the Constitution of tie United
States. by WILLIAM T. GUTHRIE Little. Brown
x Co... In the discussion Of his subject the au-
thor has confined himself almost exclusively to
cases decided by the Supreme Court Of the
United States. the tribunal by which all cues
lions OF individual liberty and property rights
are now finally determined. The topics ex-
pounded are grouped under five heads. accord
ing as they relate to the history of the Four
teenth Amendment. to the principles OF its con-
struction and Interpretation. to the embodi-
ment OF equality In our written Constitution by
means Of that amendment. to the Significance
OF the phrase due process OF law" and to the
rules OF practice In conformity with which
questions arising under this amendment must
be raised.
The far-reaching and epoch-making charac-
ter OF the Fourteenth Amendment Is set forth
clearly and forcibly in the preliminary lecture.
Mr.. Guthrie does not hesitate to assert that our
constitutional history during the last thirty
years may be said aImostt to be little more than
a commentary on this amendment, which has
NSSo ci Shoh II otlitI uRelCy 10 DTOLtcL
our civil rights from encroachment. to
strengthen tho bonds OF the Union. to make
the United States truly a nation and to assure
the perpetuity OF our institutions. Some of
Its provisions were no doubt contained in
most OF the State Constitutions and bills
OF rights: but the experience OF the civil
war and OF the period OF reconstruction
afforded conclusive proof that fundamental
rights could no longercoeXlst in safety with un-
restrained power In the several States to alter
thelr constitutions and laws as local prejudice
or interest might prompt or passion impel.
The rights Of the individual to life. liberty and
had to be secured by the Federal Con-
stitution itself. The amendment. therefore.
placed the essential rights OF life, liberty and
in the several States OF the Union
under the ultimate protection OF the National
government. The limitations imposed upon
the States by this emendation of our Federal
organic law are universal in their application. /
They are directed against any and every mode |
and form OF arbitrary and unjust State action.
legislative. executive or judicial.
in the same chapter 1t is pointed
out that the only provisions OF the original
which protected fundamental
rights were those emitting the citizens of each
State to all the privileges and immunities of
citizens in the several States. and guaranteeing
4 republican form OF government in every
state. We are reminded that Charles Sumner
JAILED this guarantee OF a republican form Of
the sleeping giant OF the Com
These provisions. however. because
their vaRueness. proved Insufficient to afford
against unequal. oppressive or
legislation on the part of the
states. Before the adoption Of the Fourteenth
amendment. private property might have
'een confscated and vested rights denied
~ the States. yet the sufferer could
ave found no protection in the Federal tribu-
lais. The arbitrary exercise by local Legisla-
nres. courts or executive officers of power
life. liberty or property could not be
or checked by the national judiciary.
kept In the case Of bills Of attainder or laws
the obligation OF contracts. The
against sr post Jdcto laws referred
My to criminal cases. Rights considered es-
entail In our system OF government, and vest
ng as matter OF right In each individual. could
@ abridged or denied by the State Legisla-
lre and judiciary. yet there was no appeal TO
he Supreme Court OF the United States. Tho
act that the powers of the States might be
aus arbitrarily and oppressively exercised
a grave menace to the perpe uity
the Union. Mr.. Guthrie. indeed. regards il
5 the inherent weakness In our original svs.
I'm OF dual government. 1t was to cure this
'eakness and to remove all opportunity for
u ptdto power LnhL inc Fourteenth
mendment was adopted. Mindful Of the
with which State Constitutions are {
hanged. the object Of its trainers was 70
and place on a secure foundation ! {
10 great republican principle OF liberty and
luality before the law. and thereby fix an i'm. ;
utable standard OF Just laws and equal rights {
under all circumstances and at all !
mes. !
Would Il be possible. In view ofthe Fourteenth
for Congress- to place Confederat. ]
'ldlers on the pension listf 1t must be re-. {
that pensions are bestowed upon +
q assumption that tho nation owes a debt TO !
% recipients. Now. the fourth section Of the g
Amendment provides that neither S
o United States nor any State shall assume !
pay any debt or obligation incurred in aid h
instruction or rebellion against the United Il
Is 1t possible for Congress even TO p
public money for the decoration Of s,
graves Of the Confederate dead? Such an !.
could be justified only on the q
sumption that the nation owes q debt to Il