The Montgomery advertiser., 1904-10-12

.h. other does not. lies mainly in the fact that the thirteenth amendwent is fnfendcd to prevent oppression by fn- dlviduais and s,s;sss siys, SDns nowep primary mary s"ch rirhts; while the fourteenth E ssv,.ndment was intended to put 1t in inc nower of Congress to reach op- pression by the State or its om.Sers, nS by fhe States might do lp violation of the smendment, and in that event to pro- vide remedies: but not to sive gen. eral power to create rights or do more Wrongs Each amendment has a sep arate field The conferring of limited power upon Congress to deal with wrongs by the States, does not take under the thirteenth amendment to deal with the acts of individuals. which attack the freedom which the thir- teenth amendment intended to secure; by thS Constitution with the duty of Recurring the freedom of all persons. ana to see to 1t that the States do not deny to them due process of law or power under the constitutionai grovis- ion, authorizing 1t ito make all laws which shall be necessary and proper for carrying into execution the 1orego- ing na by p0whet she tonstitution in me govern department, to remo.s 0bstacles to the successful execution of the stato,s tesnth amendments prohibit 1t to deal for that purpose with lawless violence by private individuals, which has the intent and effect to defeat the risht secure to the citizen. If aye concede that the thirteenth amendment and Section I of the Civil Rights Act did not make the negro citizen, certainly was thereby conferred upon him an immunity, certainly. as the result of both amendments. if by neither alone, springing from the Constitution itself, tended and having the effect to prevent his enjoyment of civil equality. on ac- count of race; There was also con ferred upon him an .tnr,M immunity not to without due process of law. by the fall ,Ire of ofiicers of the State to do their duty in the execution of It's laws. Can the fact that this latter immunity is do not confer power on Congress to lerislate except correctively against State laws and acts of State officers which offend its provisions. blot out the amendment has made citizen of inc United States, and created an i'm munity in his favor. and put constt- tutional duty upon the state to make
 
 tuition creates an immunity. the practi- cal enjoyment of which may be assafl- ed and rendered valueless alike by State action or lawiess acts of indivtd- one article for corrective legislation only for the protection of the Individ- ual as against wrongs by the State, is not indicative Of any intent to prohibit primary legislation by Congress under other constitutional provisions against the lawless acts of private individuals. which tend to defeat the very purpose for. which the immunity was given. where in the Constitution. against the latter exercise of authority by Con- gross, 1t has the implied power to protect the right or immunity against ment denies no power to Congress, as to lawless acts of individuals in this behalf: for that amendment IS only conditional conditional grant, grant Of cies to Iegisiate against State action. Neither that nor any other amendment or provision of the Constitution denies eScn eS nriyase R9wer ,nSiyiduals % in thSt Sehait The power exists not only because of the object of the grant In tho thir- teenth amendment, but also because of gress has been given power to protect against lawless private acts. if not by the terms of that amendment itself under the last clause of Section 8, Ar make all laws which shall be neces- sary and proper for carrying into exc cution the foregoing powers, and all other powers vested by this Constitu- States or any department thereof"
 Justice Bradley's View.
 Mir. Justice Bradley. in The United States V. Cruikshank ct al i Woods Reports, 319, dealing with the effect of Section 1 of the Civil Rights Act, of April g. 1866. which has been set out above, said: Tt was supposed that the servitude of every form and descrlp- tion required that the slave should be made a citizen and placed on an entire citizen, and, therefore. that Congress had the power, under the amendment. to declare and effectuate these objects. The form of doing this, by extending the right of citizenship and equality and color although it em- braced many persons, free colored per- sons and others, who were already cit- izens in several of the States, was nec- essary for the purpose of settling a point which had been raised by emi- nent authority that none but the white race were entitled to the rights of ctt- to be Q citizen and enjoy equal rights was deemed one form or badge of serv- itude, 1t was supposed that Congress had the power, under the amendment to settle this point of doubt, and place the other races on the same plane of privilege as that occupied by the white race.
 "Conceding this to be true (which think 1t is), Congress then had the right to go further and enforce it's declaration by passing laws for the prosecution and punishment of those who should deprive, or attempt to de- prive. any person of the rights thus conferred upon them. Without having this power, Congress could not enforce where the laws of the State are not obnoxious to the provisioSS of this amendment. the duty of Congress in the creation and punishment of of- lenses Is limited to those offenses which aim at the deprivation of the colored rights of citizenship and of equal pro- lection of the laws. because of his race. color or previous condition Of servi- tude." See also instructive opinion In the United States v. Morris. ct al. 125 Fed. Rep, 322. Mir. Justice Swayne. in the United States V. Rhodes. Alp bolt GU: s.) 2s,. held the Civil Rights erence to the thirteenth amendment. In the Civil Rights Cases. 10s U. s.. IT, the Supreme Court declared 1t un- necessary to decide whether Congress had the power under the thirteenth amendment alone. without reference to negro a citizen. The decisions of MT. Justice Bradley and MT. Justice Swayne, supra are cited with approval by the Supreme Court of the United States, in the United States V. Harris. 106 1T. &. 629, as to the extent of the