The Pickens sentinel-journal. (Pickens, S.C.) 1903-1906, 1904-10-19
INVOKES CONGRESS
Judge Jones Suggests Higher
Law for Lynchers
IN GRAND JURY CHARGE
The Federal Government Has Power
to Punish Where state Fails.
Charge Creates Something of
a Suspicion.

Judge Thomas G.. Jones. OF tho
States court of the northern
dlstnct. OF Alabama, charged the
newly organized jury at Huntsvll:-s
Tuesday in a deliverance which has
been received in the nature of a sen.
sation.
His charge occupied the attention
OF the jury for nearly two hours and
deals largely with the question Of
congressional legislation for. the pro.
lection of prisoners against state
mobs.
Judge Jones instructed the jury to
investigate the recent Naples lynch.
ing with the view Of ascerIaining IL
any offenses had been committed
against the laws of the United States
by the mob that lynched Horace Ma.
pies.
1t is understood that the grand jury,
composed of citizens of north Ala.
bama, will take up the matter vigor.
ously
Among other things Judge Jones
said:
Lately, as the court knows from
common knowledge, as well as from
reuorts OF it's officers, q mob gathered
in stones throw of this room. and
In fnsolent defiance Of the judges and
laws Of our state, and with studied
insult and contempt for its civil and
military power which sought to pro-
tect the Huntsville jail, assaulted the
assembled forces Of the law at their
post OF duty there. 1t broke down
the doors Of the Jail. set it on fire, re-
sisted efforts to put out the flames,
and obstructed officers of the United
states in their endeavors to remove
United States prisoners from their
cells to a place of safety. This fren-
zied and savage work was done that
Horace Naples, a negro, a citizen cS
Alabama and the United States, who
was there confined to be safely kept
to answer the laws OF the state Of Ala
bama upon charge of murder,
should not be SO kept anu disposed Of
according to law, but instead, should
be delivered to the mob and lawless-
ly put to death.
The question comes unbiddep to
your lips, have you any duty to per-
form with reference to those offenses? =?
The answer involves inquiry wheth-
HIe Eress has power to punish such
An offensc, and If SO, has it exercised
that power by appropriate legislation? :?
The great Importance OF the princi-
pies invoiyed and the value OF right
understanding of them demand that
the court should, give at length the
reason o the law as we'll by the law
itself, that you may the better un,
derstand how to apply 1t.
If congress has the power now to
punish the ofense in any phase Of it.,
that power must be found in the thir.
tcenth and fourteenth amendments to
the constitution of the United States.
Is it contained in either or both?
The thirteenth amendment pro-
Vides: /. Neither slavery nor invol-
untary servitude, except as punish
ment for crime whereof the party shall
have been duly convicted, shall exist
in the United States, or any place
subject to their jurisdiction.
The fourteenth amendment pro-
Yldes. All persons born or natural
lied In the United States, and subject
to the jurisdiction thereof, are citi-
2ens Of the United States and of the
state wherein they reside. No state
shall make or enforce any law which
shall abridge the privileges or i'm.
munlties Of citizens OF the United
States, nor shall any state deprive any
person of life, liberty or property
without due process OF law; nor deny
to any person within it's jurisdiction
tho equal protection of the laws.
Congress is empowered Ito enforce"
each OF these articles by appropriate
legislation