Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1906-03-31
All Right ON LynChing.
Richmond, Va. Times Dispatch
Monday, March 26th. 1861

4
| hanged at Chattanooga on the night
after the stay of execution had been
/ granted by the Supreme Court of
! the United States. recalls thc decis-
| ion of Judge Thomas G.. Jones. OF
the United States District Court of
| Alabama. last June i'm the Riggins
case. Higgins and other members
of tho Huntsville mob were indicted
4 for c0nspiring they being wlite
| men. TO deprive Naples. a Negro of
I the right 20 enjoy civil equality.
1 freedom. because hc was a NEGRO. .
] hy taking him out OF Jail and hang
! ing him 90 prevent mis- having al
| trial according 90 law ass is accord
ed am white citizens.
This jurisdiction arises" said
| Judge Jones. under the 18th a.
/ mendmcnt. The other counts i'm
| the Indictment were framed under
! the atm amendment. and I'm SUBJ
stance. charged that the members oil
the mob conspircd to deprive Ma
! pies of the enjoyment of IN, right.
privilege or immunity. belonging toI
| him as citizen of the United
| states. TO have the State of Alaba-I
ma. acting by ana through it's OFF,
GERS, TO afford him "a trial by due
process of law. upon accusation OF.
| crime preferred against him. when|
| he was az the time i'm the custody
/ OF the officers of the State upon AL
charge of murder and held for trial
i I'm the county Jail of Madison county
| This jurisdiction falls under tac
| lfth amendment. section 550S of
the Revised Statute OF the United
| States Furnishes any conspiracy to
deprive any citizen of the enjoy
ment Of any right or privilege SEE
cured to him 10y the Constitution or
laws of the United States. The
whole issue. both under the 18th
and l4th amendments. Is whether
the acts charged. prevented the cit
liens enjoyment ot any right. priv
ilcgo or immunity secured 90 him
by the Constitution or laws OF the
| United States"
II was argued on the other hand
that the United States Court had no
/ jurisdiction and that the Federal
statutes cited. dill not apply be-
| cause the STATE of Alabama had not
: enacted any law which abridged
| the privileges or immunities of cit
| izens of the United States"
But it appears that tho Federal
Courts have a stronger case against
the Chattanooga lynchers. "The
Department OF Justice says our
Washington correspondent. "wiu
base its operations on two sections
OF the revised statutes Of the Unit
el States. sections 550S and $500.
These make il a felony for two or
more persons 90 conspire. to injure
Oppress. threaten or intimidate any
citizen in the enjoyment OF the
rights or privileges secured 10 MIN
by the Constitution or laws of the
United States. or 10 attempt 20 in
iure him for having exercised such
rights The last mentioned section
provides that If any other felony
is committed by persons who are
conspirators within the meaning OF
the foregoing section. that they
may BE- punished with the punish
ment attaching 10 such felony un-
der the State law OF the State
wherein the Offense is committed
This, the Department Of Justice
Will hold, makes case.
Both these sections have been
held constitutional by the Supreme
Court of the United States"
Quite true. For instance, in the
case of United States VS.. WadIeu,
1l2 L. S. Reports. 80. where sever
al men were indicted under these
acts for conspiring together 10 run
a citizen OF the United States of Of
land which he had entered upon to
make a homestead of under the
acts of Congress, in the case made
and provided, the Supreme Court
upheld a conviction of tho conspira-
tors in the United States court. be-
cause they were undertaking TO de-
| prive man OF a Federal right.
| similar decision was mad in
the Neagle case, 1875 u. s. Reports.
in which a deputy U. s. Marshal
in California, in protecting Judge
| Field, and associate justice OF the
United States Supreme Court. kill
ed man named Terry. TIE court
in that case expressly said: "An as
sault upon judge Of a court OF
| the United States, Will in the dis
charge of his Official duties. IS A
breach OF the peace OF the United
States as distinguished from the
peace of the State in which the as
sault takes place"
| The Chattanooga lynchers will
! be charged with conspiring TO in
Jure Ed. Johnson, because he had
exercised his constitutional right
of appeal to the Supreme Court
from denial OF the application for
a writ of habeas corpus in the low
er Federal Court. AS the conspira-
tors, Sd construed. killed Johnson.
they will be held to answer to the
charge OF murder. the case TO be
tried in the United States courts
under the laws of Tennessee.
The principle is we'll established,
THAT citizen of the United States
(made such under the 14th amend
menD, has rights as such, which
the Federal Government is bound to