Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1922-07-01

AACC2l(&L.SNT.
Rat there ia vet = third source OF
power. E
Sapposo that Ia order to givo Con
gret'a power to protect our cttlxena
Which: no one could question. NO
sAo1Ad decide to almond our consti-
tvtf9n and should adopt the broad
lorna OF tho Thirteenth Amendment.
~Noithor slavery nor inyolun-
aSxH eervituus ehali exIpt
within tho Untted States or any
psace asb3eot to their jWrtsdtc-
an@." L
OSuld NO ass better language to
effeet onr purpose than THAI
no person aaa,l be- deprived ,
OF TITO. liberty or property With
out duo process Of law"
ThDsa words would essure this
fWndhme ntai right to every peTson
under tho protection Of tho Consti-
tuition.
But those words are already In the
Constitution, Introduced by the Fifth
.Auaoadment.
It is answered that the frut ton
anendments were passed to protect
the oitizen against abuse by the
Federal Government. and must DO
construed merely as limitations and
not as grants OF power.
:. It IL true that this has been hold
by the Supreme Court in a series Of
cases. but that court has frequently
overruled ito own decisions, and no
rule not required by tho very words
Of the instrument can prevail against
the demand OF ten million citisens
for the protection OF their dearest
rights.
It Is doubtless true that tho fear
Of abuso by the general government
led to the adoption Of the ton amend
ments. but while the first in terms
limita the power Of Congress, the
fifth contains no such language and
is rather an assertion Of fundament-
al rights belonging to every citizen
Of the now nation, There was no
reason why these should be protect
oil against the Federal Government
and be left at the mercy Of tho
States.
A fear led the people to legislate.
ouU JuclE lSSlbkdIlOu w lhLot
proted by ita words. The courts
have again and again refused to In
torpret an act by its purpose rs dis
closed by words used in debate when
IL was passed, and have insisted that
it's meaning is to be found In Its
language-"within the four corners
Of the instrument"
If we arc going to interpret the
language of an inst. ument by tho
purposes Of those who framed 1t, let
US remember for what tho American
Revolution was fought and our gov
ernment was founded. In lEngland
from which We desired to be sopa-
rated, 1t has boon we'll said that
King, Lords, Commons and all the
powers Of tho state existed to get
twelve men into tho jury box,-in
other words to make sure that no
man WAS deprived Of life, liberty or
property without due process Of law.
Our fathers, who resisted what
they considered the tyranny" Of
England, Who In their Declaration Of
Independence recited the inalienable
rights which they fought to secure,
and who framed the Constitution In
order TO establish a government I'M
der which those rights would be
safe, certainly did not intend that
their constitution should be inter-
preted 80 AZ to take from their
government the power to protect it's
own citizens In the enjoyment Of
thoae rishts~
Tho people who after the Civil
War made their colored fellow-men
their fellow-citizens, and passed the
Thirteenth, Fourteenth and Fifteenth
Amendments to secure their rtghts
as citizens against hostile action by
their CORNER masters, never intended
that they should be left to depend
upon those masters FOR protection.
and therefore gave Congress power
to enforce the amendments.
Take the Declaration, tho Constf-
tuition and the Amendments tOgeth-
err. one purpose runs through them
all. and If the purpose governs, the
language must be construed to carry
it out. We ask that a rule Of in
depreciation be applied which WAS
announced by Mr.. Justice Story In
Prigg v. Commonwealth OF Pennsyl-
vania, 18 Peters AT at t21:
"HOW, then, are we to interpret
the language Of the clause? The
TRUE answer "a, in such a manner,
as, consistently with the words shall
f1ily and completely effectuate the
whole objects Of 1t. If by ono mode
Of Interpretation the right must be-
como shadowy and unsubstantfal.
and without any remedial power ad-
eTuate to the end. aud by another
mode It will attain its Just end and
secure Its manifest purpose it would
seem upon principles Of reasoning
absolutely Irresistible that the latter
ought to prevail. No court Of Jus
uce can be authorized 80 to construe
any clause Of tho Constitution ~ to
defeat its obvious onds, whom anoth-
or construction, equally accordant
with tho words and sense thereof,
will enforce and protect them"
The sound rule ia that tho inten-
tion must be found in the words Of
the instrument. The Fifth Amend
ment contains not word which
makes ito language merely limita-
ton in tho power Of the Federal
Government. It declares in the