Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1902-10-11
ton a, the South by keeping the whites
under the heel of their former slaves.


under the heel of their former slaves.
;; The section reads:
.wi,enerer insmrection. do1nestic 'ao-
| lcnce. unlawful combination or conspiIa-
ctcs in any State so obstruct or hinueI
| the execution OF the laws thereof. and OF
| the United States as TO deprive my Pof-s
,iur, or ciatas OF the people OF such state
of any OF the rights. privileges, or =lihlhu-
! mites, or protection named IN the Con-
| s.itution and secured by the laws Tor the
protection OF such rights. privileges or
| irnmunftics. and the constituted au'hori-
Ties of such State are unable TO protect,
or from any cause fail in or refuse pro-
tcc;ion of the people in such rights, such
facts shall be deemed a denial sey surn
State of the equal protection OF the laws
| 10 which they are entitled under inc Con-
,stitution Of the United States ana IN
all such cases or whenever any such m
surrec:ion, violence, unlawful complna-
tion or conspiracy opposes or obstructs
the laws OF the United states. Or the due
execution thereof. or impedes or obstrucis
the dur course Of j,nstice under the same,
IT shall DO lawful fc- the President. and
il shall be his duty TO take SGch inca
surcs. by the employment OF the mlil'la,
or the land and naval forces OF the Chlteo
States. or of either, or by other means
as he may deem necessary. Tor the sup
preSSi3n OF Gucn Hinui / SSSio'i, "Hi'iN'>-1
violence. or cohins ton
Ia later issue, however, the lahaes
said: 1--WE were in error in citing scctloh
5es9 OF the Revised Statutes as now III
force. II was repealed by the posse
comi,atts' clause of the army appropri-
alton act OF 1875"
Eut thereupon the New York Evening
Post entered into the discussion, ana ~
minded its local contemporary that ''ie
posse comitatns'' clause OF the act "i
1875 repealed section $685. and not sectloii
acaa. of the Revised Statutes; anu 'he
Post then raised the contention that the
latter. not having been repealed, IS
CONSTITUTIONAL
The United States Supreme Court has
never been called upon TO pass on sec
lion 5o99. for that section long s1flce ne
came obsolete. so far as the olisiIas SCOPE
and venomous design were concerned. bul
the court has declared unconstitutional
so,,-a, other cnactmerts Of the recon
struction period, which were conceived Ia
a similar spirit. and the Hartford Cour-
rant. conservative Republican, taxes IS
sue with the Post. 1t thinks the secllo"
unconstitutional and that the supreme
Court would so decide were the issue 10
como before if. Saws the Courant in sup
port OF its view:
THE half-dozen years Immediately roll
lowing the close OF the war for the Union
were prolific in well-meant, lii-consideteu
projects of legislation, some OF when
no a
that reconstruction period deposit mas
been cleared away by the Supreme Court
for instance. the unconstitutional sec
tons of the civil rights act, upon when
Mr. Summer expended such coplous ana
sonorous oratory. Eight out OF nine Justlces
said these sections were unconstitutional,
and that settled it. That was the emu
of them. Certain other relics OF that
time of excitement remained IN the Ike
viSed Statutes. III lo.l, Will rs
ewes still fixed on the South Congress I'M
dertook uitle go, section $3.50 to make II
lawful for the President, and his duty,
to employ in any State, in certain specl-
fled contingencies and for CERTAIN Specl7eo
purposes the armed forces OF the CInteo
states. without waiting for any appllca-
ton from the States Legislature or Gov
ernor for protection against domestic VIC
lence. The act Of April 20, 1871, dld NOT
give the President any power whlcn ne
did not possess before II is not from
CONGRESS that he derives his powers
Congress- can no more extend them by en-
act,nnnf beyond the limits fixed in the
Constitution than it can diminish theIl.
| AS well might the President attempt 70
extend or diminish the constituents
mowers of Congress by executive pro
clalnation. Nor can Congress impose upon
the President Gs a duty any act or series
Of acts which the Constitution ooeS iioe
authorize him to perform
To us the Courants argument appears
! upanswerable. To uphold section o2s'
would be to override section OF Artlcie
~. of the Constitution, With which 1t IS
in direct conflict in letter and spirit.
Section of Article ". is as explicit as
language can make it. 1t provides that
| the United States shall guarantee 10
every State protection against anVasloh'
:. and. on application of the Legislature
or of the executive (when the Legislature
| cannot be convencd), against domestic
| violence" And il was put into the Con-
! etitution as a safeguard against teoerai
| encroa chuaent upon the rights OF INC
States. For President Roosevelt to inter-
| fere under section $3.50 would be, as we see
| il, to defy the constitutional provision
| inst cited. and hold that Congress is SUI
| pe,ior 10 the Constitution. But II per
| chance there is warrant for his acting
| out OF hand under section 500. and he
should avail himself Of it. by. invading a
northern State with Federal troops
| wouldn't it look something like retrl-
butive Justice? And wouldn't there be
howl at the North when the popular
mind had settled down to a normal con-
| dition?
| The Lehigh Valley and Reading
! railroads have ii seems. guaranteed