Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1922-06-24

Section Of the Fourteenth Amend
ment, may enforce the, prohibitions
whenever they are disregarded by
either the legislative, the executive
or tho judicial department Of the
State. The mode Of enforcement Is
left to its discretion"
IN tho Cruikshank case coz U. S.
PIP. $50, $500 Chief Justice White
says:
r'The Fourteenth Amendment pro-
htbits State from depriving any
person Of life, liberty, or property
without due process Of law; but this
adds nothing to the rights Of one
citizen as against another. 1t SIM
ply furnishes AN ADDITIONAL
GUARANTEE against any encroach-
ment by the States upon the funda-
mental rights which belong to every
citizen as member Of society"
Mr.. Justice Bradley in First
Woods Circuit Court Reports, p. 315
In the Cruikshank case said:
at seems to be firmly established
by the unanimous opinion of the
judges in the above-quoted case that
Congress has power to enforce by
appropriate legislation every right
and privilege given or GUARAN-
TEED BY THE CONSTITUTION.
The method of enforcement, or the
legislation appropriate to that end,
will depend upon the character Of
tho right conferred. 1t may be by
the establishment Of regulations for
attaining the object OF the right, the
imposition Of penalties for its viola
ton, Or tho institution Of judicial
procedure for it's vindication when
aSaailed Or when ignored by the
State courts, or 1t may be by all Of
these together. One method Of en-
forcement may be applicable to one
fundamental right and not applica-
BILE to another"
In Logan v. United States, 144 U.
S. 263 at p. 293, Mr.. Justice Gray
delivering the opinion of the Court,
said:
1.-THE whole scope and effect OF
this series Of decisions is that, while
certain fundamental rights, recog-
nized and declared, but not granted
or created, in some OF tho Amend
ments to the Constitution, are here
BY GUARANTEED only against vio-
lation or abridgment by the Unite
States, or by the states, as the case
may be, and cannot therefore be
afiirmatively enforced by Congress
against unlawful acts Of individuals:
yet that every right, created by.
arising under or dependent upon,
the Constitution Of the United States
may be protected and enforced by
Congress by such means and III such
manner as Congress-, in the exercise
Of the correlative duty Of protection
or Of the legislative powers con-
ferred upon it by the Constitution,
may in it's discretion deem most eli.
glble and best adapted to attain tho
object"
'N''s..,---
On page 29i:
g ANY government which has pow
er to indict, try and punish for
crime, and to arrest the accused and
hold them in safekeeping until trinl,
must have the power and the duty
to protect against unlawful Interior
ence it's prisoners so held, as we'll
as its executive and judicial officers
charged with keeping and trying
them"
THE PEACE OF THE UNITED '
STATES.
Another source OF the power to
legislate Is found in the doctrine
that there is a peace Of the United
States, which Congress has the right
to maintain.
The doctrine Is we'll stated by Mr..
Justice Bradley in Eek parte Siebold.
100 U. S. 81, 1914,
"Somewhat akin to the argument
which has been considered is the
objection that the deputy .marshals
authorized by the act OF Congress to
be created and to attend tho elections
are authorized to keep the peace;
and that this Is q duty which be-
longs to the state authorities alone,
1t is argued that the preservation of
peace and good order in society is
not within the powers, confided to
the government OF the United States
but belongs exclusively to the States,
theory that the government Of the
United States does not rest upon tho
soil and territory of the country.
We think that this theory rs founded
on an entire hiisconception Of tho
nature and powers Of that govern
ment, We hold it to be an incon-
trovertible principle, that the gov
eminent Of the United States may,
by means Of physical force, exercised
through its official agents, execute
on every foot Of American soil the
powers and functions that belong to-
it. This necessarily involves the
power to command obedience to it's
laws, and hence the power to keep
the peace to that extent. This pow
er to enforce its laws and to executei
It's functions in all places does not
derogate from the power Of the State
to execute it's Jaws ut the same time
and in the Same places. The one
does not exclude the other, except
where both cannot be executed at
the same time. In that case the
words OF the Constitution itself show