The Montgomery advertiser., 1904-05-10

.oIstution expressed desire In order 70 prevent misconstruction or abuse of its powers. that proper declaratory and restrictive clauses should be added and as extending the ground of public confi- dence in the government will best insure tne peneficent ends Of It's creation" etc. rnese amendments denied power to Con- sress 10 interfere with certain enumerated ri6nts or the citizen, and gave certain con- sutuuonal guaranties, as the right of trial by jury. etc. The last two of the ten amendments. thus proposed. provided that the enumeration in the constitu- ton of certain rights shall not be con strued to deny or disparage others re-
 tained by the people" and that "the pow CTS not delegated to the United States py the constitution, nor prohibited by '. to the States are reserved to the States respectively, or to the people, It Is quite apparent, therefore, that the pro- tection of certain rights of the citizen or State. although he is by recent amendments, made a citizen of the Unit co States and of the State in which he resides. depends wholly upon laws of the State. and that as to a great number of matters, he must still look to the States to protect him in the enjoyment oi nfe. liberty, property and the pursuit of happiness.
 Inevitably then, when citizen claims protection of right or privilege. as one secured to citizens of the United States, by It's constitution or laws, these in uuiries arise: Is the right or privilege claimed granted in terms by any provis- lon of the constitution, or so appropri- ate and necessary to the enjoyment of any right or privilege which the consti- tuition does specify and confer upon citi- zens of the United States, as to arise by fYrlf,I fn- Tr lee NtnA necessary or appropriate in the perform ance of any of the duties which the con- stitution and laws of the United States exact from its citizens? Is it's protec- ton by Federal authority needful to the just supremacy of the general government over any matter committed to 1t, or di- rectiy conservative or promotive of any ot the ends for which the constitution ordained the government of the United States? If the character of the right or privilege claimed does not permit affir- native answer to any of these inquiries
 1t is clear the right is not derived from | or dependent on the constitution. and its protection is not committed to the gen. eral government. It is no longer open to discussion or doubt that "the United States are a | nation, whose powers of government, leg | islative. executive and judicial, within l the sphere of action confided to it by the l constitution, are supreme and paramount.
 Every right created by, or arising under, or dependent upon the constitution, may
 be protected and enforced by such means | and in such manner. as Congress. in the
 exercise of the correlative duty of pro-
 lection and of the legislative powers con- ferred upon 1t by the constitution. may. | in its discretion deem most eligible and
 best adopted to attain the object" In re l Quarles and Butler, 15S U. S. 535; United 1 States V. Logan, IA U. 8. 293. Among
 the rights and privileges secured to citi-
 zens of the United States, expressly or
 impliedly, which are grouped here to
 show how entirely different they are in | origin and nature from the right involved | In this case, are the right to vote for
 Presidential electors and members of Congress: the right to hold and seek off, fee under the Federal government; the
 right to petition Congress for redress of grievances and to freely print. speak or
 write ones sentiments, being responsible 1 for the abuse thereof, concerning any
 right or matter committed to the Fed
 eral government; the right of his own volition to become citizen of any State
 of the Union by bona flde residence there- 1 iiI with the same rights as other citi-
 gems of that State; the right of every ju-
 dicial or executive officer or other per
 son engaged in the service, or kept in the
 custody of the United States, in the
 course of the administration of justice, to be protected from lawless violence;
 the right to the privileges of the writ | oi habeas corpus; the right to go to. and
 return from the seat of government; the | right to resort to the courts of the United
 States; the right to communicate to any
 executive officer any information which I "A
 offense against the laws; the right
 to engage in interstate com
 merce; the right to enter home
 stead upon the public domain. and live
 on it for the purpose of perfecting the l entry; the right to claim the protection of the government when on the high
 seas. or in foreign lands. or In any
 place committed exclusively to Federal
 Jurisdiction: the right to be exempt
 from discrimination on account of race
 as to equality before the law. suffrage
 or service on juries; the right to pass l from one State to any other for any lawful purpose; the right to be free | from taxes and excises not imposed by | the State on It's own citizens: and the
 right to be free from slavery or in- voluntary servitude. except as a pun ishment for crime.
 | The power conferred upon Congress
 by the Constitution. concerning these rights. in some instances, as under the | Fourteenth Amendment. Is corrective
 merely of invasion of them by State law or authority. Under other provi-
 sions. as under the Thirteenth Amend. ment. the power of Congress is full primary and direct. authorizing not only the nnnulment of State laws an- tagonistic to the right secured, but eX- tending as well to legislation for the | protection of the right, and punishment of individuals who transgress its laws on the subject. It deals with things. not merely with names. Prigg V. Pennsylvania, 16 Pet 539. It is clear that this amendment, besides abolish l ing forever slavery and involuntary servitude, gives power to Congress to protect all persons within the jurisdic- | tion of the United States. from being in any way subjected to slavery or in voluntary servitude, except as a pun ishment for crime. and in the enjoy ment of that freedom which 1t was the | object of the amendment to secure " United States V. Harris, 106 U. S. $40. TTp6ar apaanduaept COn1raaa has