Richmond planet., 1904-08-06
The Fourteenth Amendment. A
Colored Man Released.
THE GREAT WRIT OF RIGHT MUST BE TRIED
BY A JURY-WAS NOT DUE PROCESS OFIAW
REMARKABLE PHILLIPIC
HENRY JAMESON DISCHARGED
A Federal Courts Decree Respected.

dinance of the City of Macon passed in
accordance with its charter. To an
amount not to exceed $500, to imprison
offenders in the city barracks for a space
OF not more than sixty days, or at labor
on the public works in the county chain
gang for not more than six months. y
Neither the charter of Macon, or any
other enactment by the state, makes
any provision for a trial by jury in this
court, 1t is, of course, clear. and from
settled authority, that municipal laws
made under charter from state, must
be regarded as the laws of the state.
and further, that an officer like the Re.
corder, appointed under such charter.
must be regarded as an officer of the
state. HIS acts are the acts of the state
ana the Constitution provides that "nor
snail any state deprive any person OF
life, liberty or property without due
process of law.
THE CITY ATTORNEYS CONTENTION.
1t is centended by the learned city at
torney that one sentenced by virtue of
this provision of the charter ought not
to complain that he is deprived of liber-
ty without due process of law for the
reason that this provision was enacted
by the general assembly. and, is there
fore the law of the land. This seems
rotary or clrcumferent reasoning, and
the gifted logician seems TO emerge from
the circle at the point where he entered.
lt is for the reason that the state. by
legislation, has made one of its agents.
Recorder without a record, a criminal
judge of a court without criminal plead
ing, tribunal in which one man is en-
trusted by the state with practically ar
bltrary power to impose cruel and infa-
nous punishment for offenses the most
trivial, that the jurisdiction of the Uni
ted States Court empowered to protect
the constitutional rights of the citizen
is invoked. Said Mr.. Justice Matthews
in rendering the majority opinion in
Hurtado VS.. California, 1l0 u. S. 535.
while conceding that each state pre-
|, scrlbes Its own modes Of judicial pro-
ceeding 1t is not to be supposed that
these legislative powers are absolute
and despotic, and that the amendment
prescribing due process Of law is to be-
come indefinite. and not operate as a
practical restraint"
LAW DEFINED.
''It is not every act of legislation in
form Ithat is law. Law is sometime
more than mere will exerted as an act
OF power In the language of Mr..
Webster in his famous definition. "It is
the general law, the law which hears
before it condemns, which proceeds upon
inquiry and renders Judgment after
trial, so that every citizen shall hold
his life, liberty, property and immuni-
ties, under the protection of the gener
al rnles which govern society"
While the definitions of the term
''due process of law are varied. and
while perhaps none of them are suffic.
lently elastic and flexible, to expressly
anticipate and defeat the muitiform
methods by which those t'-,st i'm a lit.
tie brief authority" assail the liberties
and lmmnnitles of the individual, vel
the requirements of this essential to
distrlbutive justice are familiar to every
mind. In that valuable publication
the American and English Encyclopedias
of Law. Bed, 10vol., p. 8O3, a sufficient
statement may be found.
Due process of law in criminal case
requires law describing the offence.
the otfense must be described in the ac-
cusation, the ac ccused must be given his
day In court, his trial must proceed ac.
cording to established procedure con-
slstlng of rules of pleading and prac-
tice. 1t may beaded that it is imper
atlve that the court be of com puent jur
isdiction.