The Montgomery advertiser., 1904-05-10

" end. It is to be borne in mind. how ever, that the protectios of this sec- ton extends to no other right, to no right or privilege dependent on a law or laws of the States. Its object is to guarantee safety and protection to persons in- the exercise of rights de pendent on the laws of the United States, including. of course. the con stitution, and treaties. as well as stat utes. and 1t does net. under this section. at least, design to protect any other right" United States V. WadSell. 112 U S. 79.
 The right or privilege here involved. is not granted in terms to any citizen of the United States by any provision of the constitution. Its exercise is not necessary to the enjoyment of any right or privilege which the constitu- tion does specify and confer. It does not result from relations of citizens of the United States to the Government of the United States, as needfui or proper to the discharge of any duty the citizen owes it. Its protection is not essential to the supremacy of the gen. eral government over any matter com nnitted to it by the constitution, nor ic it's enforcement a proper means to any end which the constitutions ordained .he Government of the United States to accomplish. The right has not been nssailed or invaded under any state jaw or by any State authority. or or account of race, color or previous con dition of servitude, or In any other way than by the acts of lawless individuals.
 How then can such an offense fall with in the criminal Jurisdiction or the courts of the United StatesP
 The constitution of the United States. we repeat. left the power and duty 10 protect life, liberty, property. the pur- suit of happiness, freedom of speech. the press. and religious liberty, ana the right to order persons and things within their borders. for the protec- ton of the health. lives. limbs. nor als and peace of citizens. save as the original power of the States over them might be disturbed or destroyed by the specific grants of power to the gem eral government, where the constitu- ton found them, in the exclusive keep ing and power of the State, and de- nied the general government any res- possibility for or power over them. Rights like these do not arise from the constitution of the United States, and are in no wise dependent upon 1t. Pro- visions of the constitution which re- fer to rights like these are merely in recognition of rights which existed be- fore the government of the United States was formed. in abdication Of power in the general government to in terfere with or divide them, and, in some instances, intended as a break water against their invasion by State power. As said in the United States vs. Cruikshank, 92 U. S. 553. "the very | highest duty of the States when they entered into the Union under the con- | stitution was to protect all persoAs | within their boundaries. in the enjoy ment of those unalienable rights with
 which they were endowed by their Creator" In these respects as regards | the particular right here involved, the | recent amendments to the constitution have made no change in the power or duty of the general government. The
 Fourteenth Amendment which prohib- its a State from depriving "any person of life, liberty or property without due process of law" adds nothing to the
 rights of one citizen against another, but simply furnishes additional guar antees against any encroachment by the States upon the fundamental rights which belong to every citizen as a member of society" United States vs. Cruikshank, 92 U. s. 554 In that case, 1t was further said, within the scope of its powers as enumerated and de-
 fined. the government of the United States Is supreme and above the States
 but beyond 1t has no existence. It was
 erected for special purposes and en- dowed with all power for its preserva-
 tion and the accomplishment of the
 ends the people had in view. It can
 neither grant nor secure to its citi-
 zens any right or privilege not ex-
 pressly or by implication placed under | its Jurisdiction"
 If, as contended by the government, | Congress has power to punish conspir- acies to prevent the exercises of rights
 like that here invaded, 1t has equal
 power to punish individual acts hav- ing the same end in view. It could in-
 wade the whole domain of the munich
 pal codes of the States and punish every act of lawless violence directed against the enjoyment of any right | concerning life, liberty and property, or the pursuit of happiness. The au- | thority and duty of the States in the premises, would be transferred to the | Federal government. whenever it leg | islated as to them, and violations of it's laws as to such rights were punished in its courts; and that government, contrary to the design of the constitu- tion of the United States, would have at least concurrent Jurisdiction with the State governments In prescribing and punishing offenses against rights whose protection was never committed
 or intended to be committed to the United States, but on the contrary ex- | pressly left to the power of the States. Civil Rights cases, 10s U. S. 8; Slaugh-
 ter House Cases, Is Wall. 36; Cruik- shank vs. United States, 92 U. S. $50.
 All who value the blessings of jus | tice administered without respect of persons, and who love liberty regulat- ed by law, will share in the regret that acts like those disclosed in the indict- ment can happen in our midst, and the apprehension exists that the right of this citizen of Alabama, to be pro- tected in the right here claimed, which | Is dependent solely upon the laws of Alabama, will not be vindicated and enforced in the tribunals of this State Whether these apprehensions be well or ill-founded, 1t would be a less evil to society. to leave the wrong undress- ed, than to usurp Jurisdiction to pun- ish the offenders here. As the acts charged cannot constitute an oftense against the laws of the United States the demurrers will be sustained and an order will be entered that the de- fendants go hence without day.
 GERMS OF DISEASE should bc promptly expelled from the blood. Th.s Is time when the system Is especially sus- ceptible to them. Get rid of all impuri- Wt.aa NR NhA -N-N.-