The Montgomery advertiser., 1904-10-12
JONES DISCUSSES LYNCHING
 IN CHARGE AT HUNTSVILLE

or discharging a duty which arises out Whsn 9T the yswry nature of our Govsrnment nn serving the freedom of the citizen and seeing that the States protect him in the enjoyment of life and liberty, and ocsrps of to as so oe sy hs is 1t not clear that the United States may assist and protect State officers in the performance Of that duty, not only because they are discharging duty which the Constitution enJoins on them. but also because such perform ance Is requisite to the enjoyment of sh whoh o sns Ss bs stats Neagle's Case. 135 U. s., 1.
 How Far Has Congress Passed Appro-
 priate Legislations
 be considered @ is, what part part of the field of legislation conferred upon Congress by the amendments has been occupied by appropriate legislation? If such legislation has not been passed, the courts of course have no Jurisdiction, to punish acts which offend the purposes of the amendments. Congress in sev- eral instances has attempted legislation to protect such rights under the thir- teenth and fourteenth amendments, which has been declared unconstitu- tional by the Supreme Court because the statutes in terms that n,.T were sind 1ni matters that were within. and those that were without the power of Con- gress; rights arising under the Consti- tuition and laws of the United States, and rights dependent solely upon the Constitution and laws of the States. One of the provisions of one of these statutes. carried into the Revised Sta tutes as Section 550S. has been repeat edly declared constitutional Its terms, however. do not include every wrong which Congress could correct under the power given by the recent amendments. That section provides as follows;
 "If two or more persons conspire to injure. oppress, threaten. or intimidate any citizen in the free exercise or en- joyment of any right or privileges se- cured to him by the Constitution or his having so exercised the same;' or if two or more persons go in disguise on the highway, or on the premises Of an--' other. with intend to hinder or prevent his free exercise of any right or privi- lege so secured, they shall be fined not more than five thousand dollars ana imprisoned not more than ten years: eligible to any office,- or place of honor, profit or trust created by the Constitu. ! tion or laws of the United States"
 In One Contingency Naples was De-
 nied Q Right Secured to Him by
 the Constitution. .-
 It Is the only constitutional statute which has any application to the mat ters with which we are here concerned. The fourteenth amendment gave Ma pfes an immunity or right not to be denied the enjoyment of the equal pro lection of the law by State laws or acts
 The state laws being unobjection- able, and the State officers having en- deavored to execute them and protect State did not deny him the immunity which that amendment gave him. The acts of the mob composed of private in dividuals cannot be converted into acts . e2 ~A NA A.AA NA M fWNrN Naples within the provisions of the fourteenth amendment; and there is no further legislation. which as we have seen Congress could enact; which pun ishes resistance to the officers, while performing that duty. Under the immunity as a. citizen of the United States to be protected against lawless vent his enjoyment of the right of trial before the constituted tribunals as to his guilt or innocence of the crime of which he was accused, when such vio- fence was directed towards him be- cause he was a negro, with the inten- ton to deprive him of that right. Was Naples taken from the officers of the State, and murdered because of indig- nation provoked by the . time laid at his door or other like felonious motive. without reference to the race to which he belonged. and without any purpose on that account. to prevent his enjoy ment Of the common right of a trial in the court? His murder, under such eircumstances. would present the fea- a crime only against the laws of the State of Alabama. and in that event. you have nothing to do with it.
 than a mere felonious purpose to avenge the crime imputed to him or general malevolence. and that the mob was actuated by the bad spirit that person of Maples's race when accused of crime, should not have the right 10 be acquitted. if innocent, or condemned and punished by the court if guilty. and that the mob hung him to prevent his enjoyment of that right because of his race, his murder by a mob of per- sons of different race, constitutes crime against the laws of the United States.
 In that event 1t would be conspir- acy under that section to injure him in the free exercise or enjoyment of a right which was conferred upon him by the constitution not to be deprived. by lawless violence, of a right of trial by the courts, because he was a negro. You may ask how are you to determine what motive induced the murder? The court can give you no more definite rule than to say. that the, question must be determined by your common sense and consciences in the light of all the circumstances. The particular preju- dice or motive which controls the con duet of men in any given case, cannot be seen by the eye. We are all con SCtOuS OL pOWST moves the winds and the waves. but we cannot see that power. We judge of It's existence and force only by It's manifestations; and so of human passions. We see and real ize their effect and trace the cause by our experience of human nature. its in- stincts and promptings under given circumstances. Whether or not a par tlcular motive influenced man Is an inference to be drawn from the whole transaction. Perhaps as good a test as any other in arriving at a just conclusion, Is to ask yourselves, con sidering what was said as we'll as what was done by the mob, viewing the occur renee from its inception to its ending, m the light of all the facts and your experience and knowledge of human nature, would a white man. under the same circumstances, charged with the particular ofense upon the same victim. have been attacked or murdered by this mobE IT you are fairly satisfied that the mob would not have mardered Ma ples if he had been a white man, then every dictate of humanity and Justice demands that you return true bills against the members of the mob.
 The taking of a prisoner, accused of crime against the State, from the