Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1922-06-17
THE REMEDIES.

1t is clearly idle to hope that the Con
stitution can be amended so rs to in
| crease the powers Of Congress in this
| matter. The States where racial preJu
dice prevails are too numerous.
The alternative therefore is clea:.
Either Congress has the power to pass
effective legislation against lynching.
! or the United States cannot protect its
own citizens from murder and thci:
property from destruction at the hands
OF fellowcitiZens who are subject to as
jurisdiction. 1t can impose burdens,
but It cannot defend rights. 1t can tax
but it cannot save tho taxpayer. That
lynching Is nationwide evil, that no
action by the States can be expected.
and that the evil should DO abatcd for
the sake Of the nation quite as much
rs for tho sake Of those who suffer b"
1t, must be conceded.
: To admit that the nation is power.
less to abate such an evil and to pro.
tect its own citizens Is to admit that
our government Is weaker than any
other civilized government. This IS
an admission which we should DO
ashamed to make.
We should therefore expect to tinJ
that the national legislature has power
to end national abuse in the interest
of the nation. Salus pouli supreme lex
is the rule which should control on.
actions.
There are three sources from which
the power to pass this law may be de-
rived.
THE FOURTEENTH AMENDMENT
The one which is generally considcr
ed first in any discussion Of the QueS-
ton is the Fourteenth Amendment Of
the Constitution, Of which the first
section reads as follows:
call persons born or naturalized in
the United States and subject to the
jurisdiction thereof are citizens Of tha
United States and Of the State wherein
they reside. No State shall make or en-
force any law which shall abridge tho
privilege or immunities Of citizens Of
the United States; nor shall any State
deprive any person Of life, liberty or
property without the process of law,
nor deny to any person within its juris
diction the equal protection Of the
laws"
The last section Of the amendment
expressly gives Congress the power
to enforce by appropriate legislat ON
the provisions Of this article" THIS
grant of power cannot be ignored.
1t is not necessary to point ont that
this amendment was adopted In order
to assure to the freed mon the rights
, OF American citizens. The language OF
the amendment makes them Amer lean
citizens first, and apparently rs q con
sesucnce citizens of the state in which
they reside. 1t forbids the abridgment
of the rights belonging to "American
citizens" and It is evident that import
ance was attached to their position rs
citizens Of the United States.
! The situation which this amend
ment was intended to meet was a very
practical one, and the amendment
should receive a construction equally
| practical, n construction calculated to
, accomplish its purpose, not to defeat It
! me enfranchised Negroes were dwell
! ling in communities where they had
been held rs slaves, and in those com
munities had been regarded and treat
ed as chnttels, not as men. Their ele.
! walton to the rank Of citizens was re-
! garded with absolute hostility, and 1t
was clear that their rights would not
be respected unless they were maintain
, ed by the United States. The amend.
ment was passed to secure these rights
ana to give Congress the power 20
maintain them. It never was the in.
tention Of the people who adopted the
amendment that the states so recently
In rebellion should be able to nullify
. the amendment by simple non-action,
and should be able to plead that the
persons who trampled on the new citi.
zens were merely private persons for
whose acts the State was not respon:i.
BILE.
The rule laid down by Chief Justice
marshall should be applied. When
speaking or the Constitution he said:
fhls instrument contains nm enum
Grafton Of powers expressly granted by
the people to their government. IT has
Deen said that these powers ought to
De construed strictly, but why ought
! they to be so construed? Is there one
instance in the Constitution which
gives countenance to this rule =. If
from the imperfection Of human langu
'>oO A->AS 'hcoii SeIlouS NUuOIS re-
speeding the extent Of any given power
1t is a well-settled rule that the objects
, for which it was given. especially
t when those objects are expressed in
the instrument itself. should have
: great Influence in the construction. N
We know Of no rule for constituting
the extent Of such powers other than
is given by the language of the instru-
ment which confers them taken in con
; nection with the purposes for, which
/ they are conferred. !"
Gibbons v. Ogden, Wheaton 1877.
Speaking Of the power to regulate
commerce, he says at page 1876:
This power like MI others vested in
CONGRESS. is complete in ITSELF may be
exercised to its utmost extent, and
acknowledges no limitations other
than are prescribed by the Constitu-
ton. ~ *Tke wisdom and the discreet
Ion of Congress, their identity with tn
people and the Influence which their
constituents possess at elections are
! IN this as in many other instances as
= that for example Of declaring war the
on -