New-York tribune., 1905-07-17
SAFEGUARDING "DUE PROCESS"

When, several months ago. Judge Thomas G.
Jones, of Alabama, charged a federal grand
jury that 1t should indict persons guilty of
lynching negroes as viOlators Of the Fourteenth
Amendment and the laws based thereon, he
raised a question Of great Importance to the
whole country. 1t is not question which con-
Germs merely the South or involves only the
rights Of the negro No candid man will deny
that in many sections Of the country a citizen
has no rights that mob considers itself bound
to respect, and that the spirit Of lawleSSness in
many sections where the police power is weak
threatens TO render ineffective the constitutional
guarantees, even though State authorities may
in good faith seek to respect them. The course
suggested for maintaining "the peace Of the
United States" through all its territory is worthy
Of careful consideration. The paper on the sub
ject read by Judge Jones himself few days ago
before the Alabama State Bar Association is
therefore timely and interesting.
1t has been assumed that this novel federal
action was based on the clause of the Four
teenth Amendment guaranteeing the equal pro-
lection of the laws" and that an indictment for
lynching negroes would depend on showing that
they were Disseminated against and that they
were lynched because Of their color. That, how
ever, is not the case. 1t is conceded that the
United States has no right to take hand under
that clause. Its command is nothing more than
that State shall make and execute its laws
fairly and is not concerned with crimes Of vio-
lence by individuals against individuals. Any
other view would involve the United States in
the general enforcement of local criminal law.
The federal power is invoked under the clause
which commands for every citizen due process
Of law, and is meant TO protect white men from
Northern mObs as well as black men from South
ern lynchers. due process" as Webster
called il, is the operation OF "a law which hears
before ii condemns, which proceeds upon in
'quiry and renders judgment only after trial"
1t involves maintenance of the established
course of judicial procedure from an arrest to a
conviction and on to the legal execution of a SEN
tence. The United States has no Jurisdiction over
violence against a person who is not arrested,
and so brought under the process Of the law; but
when he has been arrested and the machinery
Of the 6sate's justice has begun to operate upon
him, he is, IL is held entitled to its operation in
due process" under the federal Constitution,
and those who interfere with that "due process"
who deprive him Of his trial, punish him even
il found guilty except as lawfully directed, or
interfere with his right 10 20 free If acquitted
are guilty Of crime against the United States
and may be punished therefor
The United States has long punished persons
who in violating State laws also violated fed
eral laws. a State officer on a mission Of extra
dition in another State is protected by IT, and
persons who interfere with him viii be DUN
lshed by the federal courts. The Revised Stat
utes punish conspiracy ''to iniure oppress
threaten or intimidate any citizen in the free
exercise or enjoyment of any right or privilege
secured TO him by the Constitution or laws OF
the United States" AS due process" is one