Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1922-09-16

shall it deny to any person within it's
jurisdiction the equal protection of
the law. 1t is pointed out that a
State may deprive a person within
its jurisdiction of his life or liberty
or deny him the equal protection Of
the law in two ways: First, by an
act of the legislative department of
the State; second, by an act of any
executive authority, such as gov
, ernor, sheriff or police official.
Another decision cited in the re-
port of each of the committees is that
handed down by the Fourteenth
amendment. This decision, like that
of Justice Brewer, held that while
it was the duty of the State to see to
it that each of its citizens was given
equal protection Of the law. it was
equally the duty of the United States
to see to it that no State denied
equal protection of the law to any
citizen.
In summing up the arguments in
behalf of the anti-lynching bill, the
Senate committees report quotes as
follows from brief submitted it by
Mr.. Moorfeld Story:
"Eithcr Congress has the power to
pass effective legislation against
lynching, or the United States can
not protect it's own citizens from
murder and their property from de-
struction at the hands Of their fell
low citizens who are subject to it's
jurisdiction. 1t can impose burdens,
but it cannot defend rights. 1t can
tax, but it cannot save the taxpayer.
That lynching is a nationwide evil,
expected and that the evil should be
abated for the sake of the nation
quite rs much as for the sake of
those who suffer by it must be con-
ceded.
"To admit that the nation is pow
erless to abate such an evil and to
protect it's own citizens is to admit
that our government is weaker than
any other civilized government This
is an admission which we should be
ashamed to make"
In speaking of the reasons why
Congress proposed the Fourteenth
amendment which forbids any State
from depriving any citizen of his life
or liberty or denying him equal pro-
lection of the laws and as to why the
Congress included the proviso that it
should have "the power to enforce by
appropriate legislation the provisions
of this article" the brief states:
ment was intended to meet was a
very practical one, and the amend
ment should receive construction
calculated to accomplish it's purpose,
not to defeat it. The enfranchised
Negroes were dwelling in communi-
ties where they had been held as
slaves, and in those communities had
been regarded and treated as chat
tells, not as men. Their elevation to
the rank Of citizens was regarded
with absolute hostility, and it 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 and to give Congress the pow
er to maintain them. 1t never was
the intention of the people who
adopted the amendment that the
States so recently in rebellion should
be able to nullify the amendment by
non-action, and should be able to
plead Vhat the persons who trampled
on the new citizens were merely pri-
Vate persons for whose acts the State
was not responsible"
, The Senate committees ajority
report closes with these words:
; american citizenship is indeed a
! badge of honor; it should be, and
! this bill seeks to make it, n shield
, of protection to every American citi-
zen-man, woman and child, native
and naturalized-who stands on
American soil, hedged around and
guarded, as they are, by the Consti-
tuition of the United States"