The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-05-26

Sometime back, The Dispatch had
something to say of the decision Of judge
Thomas G, Jones' of the United States
District Court Of Alabama, in the case
In which he held that men who take u
negro from jail and lynch him may be
prosecuted In the United states courts
for the crime. e AT the time our inforlnn-s
ton Iii regard to the case was incom-
\ pletc, and we could not therefore discuss
lit as thoroughly as we should have wish
ed to do. We now havc copy of tho
Judges opinion. however, and are in a
i. position to discuss it more ntelligently.
The crime charged against the men by
al Indictment found by the grand jury
of the United States court for the North
eln District OF Alabama, is that Naples. q
citizen Of the United statSSs, was at the
Y, tine Of his murder lawfully confined by
33iii;the sheriff of Madison county, Ala, in
s&;lie ji.l 81 tint county,S to answer q
Gfdl.Ee Of murder under the laws Of Ala
Lama; That the parties indicted IN the
3 United states court, conspircd together
10 take Naples from the Jail and hang
HIN In order TO prevent him from enjoy
ms his right to Il fair and impartial trial
+ III the state court. and that, in doing
4 so, they deprived him OF a right guaran-
teed to him by the Constitution Of the
! United States, to-wit. the right to have
the State afford him its established
course of judicial procedure to determine
his guilt or innocence and punish or free
him accordingly.
1t will be seen, therefore. that the ques-
ton in the case is whether It is a right
Inherent in q man by virtue OF his char
acter or citizen OF the United states TO
have fair and impartial trial for any
crime he stands charged with, in the
courts Of The STATE. Is the right to the
fair and impartial trial a right which he
I has in virtue of his citizenship of his
state. or is it a right which he has in
virtue Of his citizenship of the United
States? For If 1t be tho latter there
can be no doubt that Congress may pro-
vide for his protection in tho enjoyment
of that right. Congress has provided
u citizen OF the United States of any
right or privilege. secured to him by the
Constitution Of the United States, they
shall be liable to prosecution and punish
ment In the United States courts. The
Indictment found In this case would seem
to be within the terms Of this act OF
Congress. Is the right, which the accused
parties conspired together to deprive Ma.
pies of q Federal right, ono secured tc
him by the Constitution of tho United
rights. which belonged to him as a citi
zen of his State The question is {
novel one. and It would be vain to specu
late as to what tho decision Of the Su
premc Court of the United States in i
will be. The case Is now before tina
tribunal; It has been advanced for ;
hearing this fall. and wc shall soon knoy
what the law Is Meanwhile. VIC may sa,
that If the Supreme Court affirms Judg
Jones's decision there will &c no occa
been made. IT will be no more than t
declare that the United States govern
ment has the right to protect citizens Q
the United States In all of those right
which they have In virtue of their char
acter Of citizens of the United States. an
that IS a doctrine SO well founded an
SO universally accepted that It would b
worse than childish to call 1t in ques
ton now. 1t Is the law OF the land
being such, must be logically accepted ].
all good citizens.
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