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No. 24.
Vol. 1.
RALEIGH, N. C, THURSDAY,
! NOVEMBER 16, 1871.
n i i hi r i nil ii i ii 1 n i (
The Powers of the Federal Goy
eruiuent Judge Merrimon's
' Speech.
- We publish elsewhere some extracts
from a speech of Judge Merrimon's,
discussing the powers of the Federal
Government cjnder the Constitution.
Judge Merrimon takes, in this speech,
the boldest and most advanced position
on this subject ever taken by any lawyer
in the South, or, probably, in the United
States. According to the argument ad
vanced in thi speech, there was no
necessity for the passage of the Ku Klux
law to give the Federal Courts the
jurisdiction with regard to those cases
they are now exercising. "Wherever
the State authorities cannot, from any
cause, afford protection to the personal
rights of the citizen, according to Judge
Merrimon's argument, it is the duty of
the Federal authorities to intervene for
that purpose. lie boldly takes the
ground that in such cases he has the
right to indict a man in the Federal
Courts for an assault and battery upon
him. The United States is not an
agency, he says, but a nation.
Head the speech and say, if you can,
that its logic is unsound. It can only be
overthrown by showing that this is not
a government charged with the preser
vation and protection of the personal
rights of the citizen. i This, it is believ
ed, no one at this late day will have the
hardihood to attempt. That it is a
government the .government of "a
nation," is now conceded by all. That
it is charged with the protection of the
personal rights of the citizen is equally
conceded. Where the State Courts be
come powerless from any cause such
as the secret oath bound character of the
conspirators who violate the law, for
instance to afford protection to the
citizen it is the duty of the Federal
Courts to intervene for their protection.
This would seem to be a settled princi
ple. But suppose the Federal Courts
are unable to extend such protection,
for the same. reasons that the State
Courts are, what then? Must the citi
zen be left to the tender mercies of a
lawless organization which defies the
laws and the "Courts, both of the State
and the United States? No one will
contend for Ihis, Then what must be
done? Will Judge Merrimon tell us?
I Ie has taken the most advanced position
among all the advocates of Federal
Iower, and we would like to have him
answer the question, i Only one answer
can be given on his grounds the Fed
eral Government must intervene for
their protection, and to secure them
that protection must use means com
mensurate with the end in view, as it
is now doing in South Carolina. It may
do this in the exercise of those "inalien
able rights and powers of which it
cannot be divested," of which Judge
Merrimon speaks, if it can find power
nowhere else. Governments,", it is
declared, " have certain absolute rights
as ire as men." One of these " abso
lute rights" is declared to be "the
right to prevent crime, to prevent men
from violating any provision of the
Constitution, or of any statute enacted
in pursuance of that Constitution."
This covers the whole ground, beyond
the shallow of controversy.
Infamous. The conduct of Mr. Tur
ner, in his course towards Hon. S. F.
Phillips, is simply and plainly infamous.
The history of the press has never seen
that institution so debauched and pros
tituted as in the malignant, vindictive
course of Mr. Turner towards his per
sonal and political enemies.
The question is, how long will the
people of North Carolina continue to
support The Sentinel in its violent and
unprincipled course? Let it be under
stood that the masses of his readers ap
prove and endorse the conduct of Mr.'
Turner, in this respect, and he and they
will soon discover, that the Republican
party arc ready for them at this game,
as at all others. Political and personal
affairs in this State are fast drifting to
a certain conclusion, and some people
had better consid er and beware.
Loose Legislation. The General
Assembly, at its last Session, passed the
following resolution. (See Laws of
1870-'71, page 481.)
Resolved,' (the House of Iteprcscntatives
eonearrina ) That the Treasurer bo instruc
ted to pay to James II. Moore, contractor
for the public, printing, on the warrantor
the Auditor, a sum not exceeding Seven
Hundred Dollars weekly, out of any funds
not otherwise appropriated. Ratified the
11th day of March, A. D., 1871.
" It is known that all this money goes
to, the support of TJie Sentinel, and to
enable Josiah Turner, Jr., to payoff
Swepson, and make speeches in pallia
tion and encouragement of the Ku
Klux.
Arrested. We learn from The
SJielhy Bauner, that Lee M. McAfee,
member of the Legislature from Cleave
land county, said to be Chief of the Invisible-
Empire for the same county,
was arrested on Friday last, in Shelby,
by Deputy Marshal Scoggin. Mr. Mc
Afee was carried to Lincolnton, where,
we suppose, he gave bond for his ap
pearance in this city at the next term
of the Federal Court which commences
on the last Monday in this month.
Failed.
The way of the transgressor is
ard.
It may be wicked, but we can't
vc
ery
well help rejoicing at the tribulations
of our Democratic brethren. On the
whole) we think it is right for us o re
joice. TheDemocraticarty has been so
bitter: has so desecrated the name Of Dc
i
mocracy; has given such measure of coun
tenance to colossal outrage and wfon
has so debauched public sentiment on
all moral questions, and has involved
the country in such evils, losses and
griefs, by its treason against the Re
public, that it deserves the execration of
every honest man. We think all true
patriots can but rejoice that calamities
thicken o'er its head.
j The disgraceful failure of the Ceptral
Committee to suggest any plan by
which the State might be relieved of
the burdens under which she labors, is
sad disappointment to thousands who
expected a solution of the financia dif
ficulties which hang heavily over the
heads of our people, and which! de
stroys, for the time being, the credit
of the State. The Committee thought,
no doubt, that their address would
meet with the approbation of thelj)em
ocratic party, and also with a hearty
endorsement at the hands of the Dem
ocratic Press. They chuckled ovej the
idea that thev. at the eleventh hour.
V
had hit upon a trood thing; that their
address would take all the wind out of
the sails of the Republican party, and all
the "snap" out of a great many Repub
licans who confidently expect to carry
the State at the August and November
elections which take place next year-!
But such is not the case. Assaultsjand
attacks were to have been expected
from the Republican Press of the State,
and not from the Democratic Press or
any portion of it. What are the facts ?
Three Democratic papers The Wil
mington Star The Fayetteville Eagle
and The Hickory Tavern ,agle--aTe
riot much better pleased with the j ad
dress than we are; and these papers
coincide with us in the opinion that
the Committee has failed signally
failed to present any plan to the pub
lic whereby the people are to be I re
lieved of the burdens which now rest
upon their shoulders. The Wilmington
Star says:
"But with all respect for the superior
wisdom of the Committee and the superior
advantages they enjoy for ascertaining, the
wishes of the people, we must be allowed
to express our astonishment at the course
they have seen fit to pursuo in reference to
the amendments. Under existing circum-
stances, with the fact staring tnem inine
face that these measures have been before
the people, and that by them, to a great: ox
tent, our party sustained a defeat, it was to
have been expected that tho Committee
would . recommend something tangible,
something available, a happy stroke of par
ty policy. But not so. The Legislature is
asked to make a number of changes in the
organic law, which we would all like to see
made. It is proposed to go before the
peo
the tile next summer on these measures
same people wno nave once vow
down.
them
We regret very much that the Central
Committee, which is commonly supposed
to bo the source of party wisdom, snouia
have made what we concede to be so great a
mistake. It will not do to say that if their
suggestions are not heeded by the Legisla
ture, that there will no harm be done.
"Every defeat, of whatever nature, a party
sustains is an injury, and will work mis
chief." The Star agrees with us that the( peo
ple expected from the Committee some
feasible, well-digested- plan for the set
tlement of the State Debt. Upon this
question the all-absorbing question
now before the people the Committee
utterly failed to present anything (that
looks toward relieving the people of
that "incubus upon the State, wjhieh
deadens the energies of the people and
destroys all reasonable hope of future
prosperity." In common with The
Star, we "regret very much tha:; the
(Central Committee, which is common
ly supposed to be the source of party
wisdom, should have made so great a
mistake," and evinced "such unfitness
for the position which they occupy
as guardians and leaders of the Demo
cratic party. .
f The'Fayetteville Eagle says :
V We give to-day an address of tho jExe
cutive Committee advising the: Legislature
as to the course of reform to labor for at
once, and marking tho outlines of the cam
paign next year Ac. We were in thej cau
cus, or rather at the meeting of the Execu
tive Committee, that suggested these things
The meeting had no organization of its jown,
but only talked with Executive Committee,
who did the business. We approve the
meaning and intentions of this address, but
we do oppose, as heretofore, the agitation of
thesov amendments and reforms at this inop
portune time. These are nearly the 'same
issues we contended in vain for last Sum
mer. The people were not readv and after
such defeat we ought to dismiss the subject
awhile. .Had the issue not been made so
soon, and left until next August, we could
no -doubt then carry through important
amendments, aloig with the extensive and
exciting election to be held then. But this
address will likely have no effect anyhow,
as the Radicals in the Legislature will not
vote for the amendments proposed, and so
the necessary majority cannot be obtain
ed." . ... ' . ,
Our Fayetteville cotemporary takes
very nearly the same view of the ad
dress as that set forth by. The Star,
Both are agreed, that the address is a
rehah of the Convention-campaign;
that it brings before the people of the
State no issue that was not decided upon
in August last.
' TJie Eagle, published at Hickory
Tavern, on the Western North Caroil-
na Railroad, says:
V There is, however, nothing new in the
address. . Everything, with a few excep
tions, in the address has been gone over and
over, time and again, and presented to the
people, through the newspapers of the State,
during the last six months.
The most of the changes recommended
by5 the: Committee arc, in our judgement,
necessary: to the improvement of our mate
rial prosperity; but the Committee go even
further than the Radicals ever went in their
legislation. They leave out important Con
servative points of improvement and lug in
Iladical suggestions, thus even out-Herod
ing Herod in Mieir haste to mend up things,
5tC They may all be, and no doubt are.
quite, popular already with all the dishonest
scouddrels in the State.
We, for one, cannot and will not support
all their recommendations.
Wo think, however, that the Legislature
will be able to see . its way clear and that
that body will not be bound by any outside
influence.
.We will have more to say on this subject
hereafter, and will conclude our remarks
at this time by saying that we do not be
lieve.that the peopleof the "banner" county
will 'endorse all the Committee's recom
mendations any more than we do."
i i
These extracts are important. They
are the-opinions of independent jour
nalists. They are opinions made up
after heading the address, and are ex
pressed by men who are free to express
their convictions without regard to
cliques or party pressure. Therefore,
they are honest sentiments, and are ex
pressive of the feeling of a very large
portion of the Democratic party. The
three journals from whom the . extracts
are taken, are as influential as any oi
the Democratic Press.
We" have closely observed the com
ment of the entire Democratic Press
UDon the address. The whole tenor of
the various editorial comments prove
conclusively that the general feeling
among the reading public is, that the
Committee is not equal to the emer
gencythat it is wanting in ability
and that the people of the State
have nothing to hope for at the
hands' of. the Democratic party. The
failure of the Committee to deal suc
cessfully with the finances of the State,
prevents the Democratic party from
claiming in the future as it has done in
the past "all the respectability, all the
wealth, and all the talent of the State."
By virtue of the election of August,
1870, the Democratic party of this State,
delegated to itself the work of Consti
tutional Reform. An attempt to frame
a new Constitution was made by en
deavoring to force the people to call a
Convention. That attempt failed. And
how, the Central Committee, knowing
fujl well that there is not the slightest
hope for the Democratic party in North
Carolina upon national issues, launches
forth to the popular breeze, their ad
dressj in which they attempt to raise
State issues-such issues as will enablethe
Democrats to carry the State next year.
The Committee has failed in other
words the Democratic party has failed.
At thisjuncture, the question arises:
" Wtiat is to be done?" The Democrats
ha virisr failed to suarsrest any plan fof
the settlement of the State debt, the
eyes of the people of the State are now
turned towrard the Republican party.
Looking back ten years, the people are
astonished at the great deeds which
have been performed by the Republi
can party ; consequently, in this crisis
"of the affairs of our beloved State, the
people expect the Republican party to
inaugurate such measures as will bring
order out of chaos ; credit out of insol
vency ; honor out of dishonor ; and
mak4 the "Old North State" what the
Almighty intended she should be one
of the greatest States of the American
Union. The Repulican party is equal
to the emergency. Let it act.
A f Literary Notice. It is said
that Mr. Gladstone is about to write a
hovel. j Preparatory to this literary un
dertaking, if the great British States
man would study the latest and best
model of a work of high imagination,
and pure fiction, we should recom
mend to. his perusal the " Address of
the Central Executive Committee of
tie Democratic-Conservative party of
North Carolina." : The realms of ro
mance and of fancy, , may be explored
in vain, for a parallel for its inventive
ipower, in tne manuiaciure ana array
of figures, and its wonderful conception
ot terrible, startling and : dramatic sit
uations. It is as entertaining as a
fairy
tale and about as true. t
IA New Bull. The Central Execu
tive j Committee have made a bull.
Not a Durham or a Devon, such as was
exhibited at the State Fair, but an cx
cqmmunicative Irish bull; and .thus
theyj hurl their : anathemas, at the
Township system in our Constitution :
"SVrhcle 7 should be abolished, except
section ; 13, thus sicecping away the
Township system, and leaving the mat
ter to the Legislature." To unlettered
men; it might seem, that " leaving the
iriaiter" to the Legislature after it had
tJeen abolished and swept, away would
be leaving" them very little rto
work on ; ..-.-.. - - i'j '. '..
i t ,-' '
? I i
"Settled."
If anything was settled" by the
large majority polled last Summer, in
this State, against the proposal to call
a Convention, it was that j the people
wTanted no interference with, or mate
rial phflntre in their Judiciary. The
number of Judges and their salaries,
and the restoration of the (old County
Court system wTere topics, which w ere
much more fully discussed and much
better understood than any other in
volved in the canvass. The people
condemned, by a very decisive vote,
the reactionary movement of the Con
servative party in favor of any change
in these particulars, and quite as plainly
manifested their opposition to taking
away from the voters of the State the
privilege conferred on them by the Con
stitution of electing their-Judges and
Justices ; of the Peace. The Central
Executive Committee can see, that the
last Summer's election "settled "one
question, and only one question, in
regard to changes in the Constitution,
and that is the mode of changing that
instrument. The least material issue
before the people, in. the last canvass,
was how should the Constitution be
changed? One of the greatest issues be
fore them was, shall the people surren
der their right to elect their Judges and
Justices of the Peace, and go back to the
old pernicious practice of choosing them
by the Legislature? , !
Ordinary men are usually satisfied
with one beating at the ballot box, oh
the same question, within a twelve
month. Not so this Central Executive
concern, limping up from their recent
defeat, with their bones still aching
from the sound drubbing the Republi
cans gave them last August, they show
pluck enough but very Jittle judg
ment, by renewing the same contest
now. THey, or their friends, wrant the
Judge ships, and most of aH, they want
the control of the administration of the
county affairsi It is therefore necessary
that they should have the judges and
Justices of the Peace elected andar
pointed by the Legislature instead of
being elected by the people,: as the Con
stitution piovides, and as ja majority
of the voters of the State declared last
summer, they should continue to be. j
If the object of the Executive Com
mittee is to make a platform for its
party, for next Summer's campaign,
we ought pot to complain of its work.
Having tried it and tested its strength
in the last election, and knowing more
of its weak places now than we did
then, its overthrow will be compara
tively easy when we attack it again.
If it can stand alone, we will let it
alone till a more convenient-season, j
The Battleboro Advance thinks
it has given The Era "nuts to crack
which will break it3 jaws." We are
not surprised at this, as The Advance
has doubtless measured the strength of
The Era's jaws by its own. But nb
case it can cite will induce us to defend
what is wrong, whether it be done by
the Leagues or the Ku Klux. We shall
not set the crimes of one off against
those of the other by way of palliation
and excuse, as the Conservative Organs
are in the habit of doing they can nev
er be put down in that way. We are
not only opposed to both of them, but
to each of them also. We are opposeql
to secret oath-bound political societies
of any kind in our - State,and if there
are any organized Leagues in existence
we urge them to disband ; but it is be
lieved that there are none in existence
now. We deal with the matters of to
day and look only to the future. : . j
We did not say, as The Advance
would have its readers believe, that
there were only four Conservatives or
Democrats summoned on the venire at
the late term of the Circuit' Court we
do not know how many were summon
ed. We said there were four Conserv
atives or Democrats on the jury select
ed from the venire that tried the casesX-
This statement has never been denied,
and is conclusive evidence that the jury
was not "packed" to the minds of all
who are disposed to be convinced. If
The Advance intends to continue Jts ef
forts to " destroy confidence in and
bring the Court into disgrace and con
tempt," and thus "destroy the moral
and legitimate effect of its judicial de
termination for the suppression ' of
crime," after reading the anathemas
hurled against such conduct by the
Democratic address, The Era is pow
erless to prevent it. Wegiye that part
of the address to The Advance as a "nut
to crack," which we hope it will be
able to do without " breaking its jaws,"
weak as they are ; for we doi not care o
"inflict" even that much; "damage
upon it just now." ; -
Absconded. The Jlutherford Star
says the Sheriff of Cleaveland county
having absconded on account of his
Ku Elox record we learn that Hi3
Honor, Judge Logan, has) appointed
Sheriff Walker, of this county, to exe
cute, certain process issued against some
of Qeaveland's citizens. .1 .
It is a sad thing when Christians
borrow spectacles to beholdj their weak
brethren's weaknesses, and Refuse look
ing glasses wherein they may see their
weak brethren's graces. ;
The Powers of the Federal Got-
ernniciit.
Extracts from a speech by Judge Mer
1 rinion before His Honor, Judge Bond,
j in August 1870, in the Bergen habeas
' cornus case. The course of Gen. Grant
; towards the Ku Klux in South .Caro
f lina justified by the argument of a
1 member of the Democratic Executive
; Committee. I . : i ...
i I come, to another question of the
highest moment, one that concerns not
only the States and the Federal Gov
ernment, but every citizen, from the
President down to the humblest beg
gar in the land. The principle con
tended for by us here, is one of the most
far reaching, comprehensive and truest
that the American citizen possesses or
can possess. It is a principle that bal
ances power, and , protects rights by
means of that balance. That it has es
caped the. public eye, heretofore-, is be
cause circumstances have never called
it into operation. It is the principle
that when the State authority will not
do its duty, or cannot, or neglects its
functions, that the great and powerful
arm of tire Federal Government inter
venes to protect the rights granted by
the Constitution of our common coun
try. It is a grand principle that per
meates the government.! Taking its
rise in the Federal Constitution, it
reaches every law under; it ; it guards
eyery State, and every citizen in every
State. Direct, far reaching, comprehen
sive, it is one of the great bulwarks of
personal liberty in this country.
Take this case as an illustration. A
great number of persons wTere arrested,
it is said, without lawful authority.
They appealed to the State authorities
for protection and the Chief Justice is
sued his writ of habeas corpus in their
behalf. There w7as a military organi
zation and his writ went to the com
manding officer. He defied the -.writ ;
he would not make returns. These par
ties were prisoners ; virtually in jail.
The State Judiciary was impotent to
accomplish its purposes, j Suppose this
powrer of the Federal ' Government had
not existed, what a spectacle would be
presented ! Why here, sir, in this coun
try, that boasts of its liberty, where a
man's life, liberty and i property are
protected above all other lands, and
this case would be an exhibition of the
fact, a man might be locked up forever
more, and the Federal Government
would see h im locked up ! It is laughed
at ! dead ! there, is no hope ! It is a
very mockery! j
i If a man violate the laws of the Uni
ted States, and I told him that the Uni
ted States are powerless to step forward
and enforce the rights that the Consti
tution guards. It is absurd. It is a
libel on the Constitution and the Na
tion ! The law means no such thing.
Every right granted is sacred, to every
man, from the President down to the
lowest beggar. Every dollar is pledged
to protect every beggar in every right
granted in that Constitution,
i i And yet, according to the doctrine of
my learned friend, a man may be kept
in a. bastile forever more, and no law
can protect him. I say, sir, it is ab
surd, and that this very practical view
of the matter, shows how absurd It is.
; That is taking a general view of the
subject, sir: that is a general view of
the rights of the American citizen.
iWherever, sir, tne proud nag floats, tne
whole power, of the American Govern
ment, in all its departments, executive,
legislative and judicial,; interposes to
make that right good, at every cost and
at every sacrifice.- That is the great
Erinciple' which wre are contending for
ere to-day. I
I admit that this Court has no com
mon law ' jurisdiction. My friend's la
bor in that regard wTas a labor of love.
Nor does he go farther than I in saying
that this Court has no jurisdiction in
any crime except what is provided for
by statute. . I
l I contend for this, that the Federal
Government, like all other govern
ments, has certain inalienable rights
and powers, of which it cannot be di
vested. Governments have absolute
rights as w ell as men. One . absolute
right is, the right to protect itself, the
right of self defence. Another right is,
to punish those that offend against its
law. Another absolute right is its right
to prevent crime, to prevent men from
violating any provision of the Consti
tution or of any statute enacted in pur
suance of that Constitution. It has the
powers of preventive justice. My breth
ren will hot deny that overnment has
the right to punish a man. Why ?
Because that was one of the chief ends
for wThich governments were created.
It follows as a consequence that it has
the power to prevent crime. j
I Here is a man a going to commit a
great crime. He has irocured guns,
and canon,, and is greatly xerryiying
the people. A' man comes before your
Honor, and asks you to prevent it.
Would your Honor say : you could not
prevent it? Your honor would blush
to say you had no such power. An in
telligent foreigner would laugh at your
Honor; "
! May it please your Honor, w e had
lately four millions of men in slavery.
They were freed. The people by whose
instrumentality they w7ere freed, doubt
ed the propriety of leaving them in the
power of the people to whom they
once belonged. Therefore : this four
teenth amendment was passed. r
Now here is a band of a hundred or
five hundred men getting together, go
ing around the country, getting up
these black men out j of their beds,
threatening them, going armed, secret
ly, in the night time. It is said that
there are men about doing this, that
they have done it, and i some men are
bound oyer to answer for it. Suppose
a colored? man comes and makes affida
vit to all. this, would your . Honor de
cide that . you had no power to issue
your peace warrant ana prevent it ?
The party could be commanded to ap
pear before your Honor. If there were
reason for it you could go on farther ;
your Honor could bind them to the
peace. Well, sir, if that power exists
for the benefit of the colored man
there is no distinction now in thisNcoun
try that same power exists for the
benefit of the white man as well. '
.1 What are the facts alleged ? These
men allege that thi3 petitioner is a
dangerous man, going about armed;
he hangsmen, he beats them, he whips
them. He. goes about with a great
TT
numDer oi men io arresi citizens vi uw
United States. How ? Without war
rant Of law. He beats them, he whips
them, he shoots them. Why, sir, isn't
it manifest, that, by force of the Con
stitution itself, you have power to re
strain men from all these crimes ?
They say that I am protected inci
dentally under the laws of the State.
That is not enough. The State, per
haps can not protect me. I have tho
right to invoke the i protection of the
Federal Government. The Federal
Government will not roll upon a State
the responsibility of protecting men'in
my right, and certainly not in my
rights granted me by the Federal Con
stitution. The same rights may be
granted by the State. I may, if I choose,
apply to the State. But I have a right
to apply to the Constitution of my
country for protection, and I don't go
a' begging. I walk into my Court as an
American citizen, as a man under the
protection of the Constitution.
What is the effect when your Honor
gives me that protection ? Why, I am
protected under the Constitution of the
United States, and by the State, too.
It looks a little inexplicable how the
rights of a man can be protected under
the State government by the interven
tion of Federal authority. That is one
of the incidental effects of the Union.
When I am protected by Federal au
thority, I am protected by State au
thority. We never had a better illus
tration of that than is furnished in this
case, i The rights of a citizen are assail
ed ; his person is imperilled ; the State
Judiciary is powerless. But now comes
in a Federal Judge, and the danger is
removed, without musketry, -without
the shedding of blood ! That shows
THE tJLORY OF THE NATIONAL CON
STITUTION ! a Constitution that men
ought to be willing to spend their lives to
perpetuate and establish, to maintain,
ana protect, ana aejena i i,
That is the force of this Constitution
without any legislative provision what
ever. It would be the duty of Judges
to enforce it without any legislation
whatever. But Congress was not false
to the Constitution in the discharge of
their duty. .
I say, sir and I was making the
same j argument a few days ago to his
Honor, Judge Brooks that without
legislation it was his duty to grant this
warrant. But when I read that act,
sir, he said I might stop. He would
hear from the other side. The statute
is plain; it is unmistakable. Here
were citizens of the United States ask
ing the protection of their government.
They swore that certain rights, had been
violated in the most outrageous and
brutal manner, and they swore to
the guilty parties, They swTore that
these persons and others had sworn to
hang them: that they maltreated them;
that they abused them in every way.
They claimed the peace of the United
States. 1 They asked that the Judge
should hold these men to bail ; that
they should not be arrested without
warrant. And the Judge with this act
before him decided that these men
should give bail. The act was reason
able ; it was just ; it was authority on
this subject. i
Then there is the celebrated case of
Quitman. It is a case so apposite that
I want to beg your Honor to let me
read it. It explodes this idea that the
Judge; could interfere only where there
was a crime. The Judge says a man is
not punished to pay him off for crimes,
but to keep men from committing
crimes. Tnen tne decision was mat a
Federal Judsre has; power, on just
grounds of suspicion; to require surety
for! the , observance of the neutrality
laws. Counsel read from U.S. v. Quit
man, 2 A. L. R. 615. J My friends try
to argue the case. They say that if
they commit offence, they cannot be
indicted for it in this Court. I go thus
far. Gentlemen may laugh at it now,
but the time will come when tney wiu aa
mit it to be good law. I say that the man
who lays a finger cn me, as the Constitu
tion now stands, may be indicted in the
Federal Courts.
.
If the Constitution is true to its pre
ventive provisions to prevent violation
of law or of the Constitution, why
should not I have the benefit of that
protection for the sacred right of an
American citizen ? It seems to me? sir,
that it tears that instrument to pieces
and throws it to the winds, if w e can
not have that protection. Tlie United
States is no agency ; it is a Nation.
What was the bbject of the fourteenth
amendment ? I think its adoption was
unnecessary, because all of these rights
existed before perforce of the Constitu
tion. Let me make a personal allusion.
While wc were discussincr these past
grievous matters one of the counsel nad
chanced to look at the Constitution to
see what were the rights of citizens of
the United States. It occurred to me
that where a party had a right under
the Federal Constitution, that party
had the right to assert that right before
a Federal tribunal. He said he didn't
tMnk he had Tlthoueh
Shl SSSiti2iili? ?5 SSSSI
ernment that the doctrine I contend for
was
right.
The Federal Government
was not so popular in eany aays as
now. The Federal Judges were not
bold. iThey took hold of these questions
with gloves on. After solemn debate
it was held that this could only be
where parties were held by Federal au
thority But I found cases where the
principle was recognized. : 5 !
What was the object of this fourteenth
amendment if not to secure the rights
of ; citizens of the United States under
the Constitution? It was objected to
that that amendment was a step in the
direction of consolidation. Suppose it
was. Who is afraid of consolidation t
I confess lam not.
The object of the fourteenth amend
ment was to enforce and guaranty eve
ry right under the Constitution of the
United states at the hands of Federal
authority. As the result of the war
four millions of black people had been
liberated. Our northern brethren didn't
believe much in our good faith. - They
feared that after the whole expenditure
of blood and treasure these black peo-l
pie would be deprived of these rights.!
Therefore they put it into the Consti
tution that if any State should refuse
to enforce their rights, they might have
the benefit of the Federal Courts, for
their protection. Suppose there should
be a i general movement to re-enslave
theser men,' and the State authorities
l If-..
would not or could not help them, will
my learned friend contend that your
Honor could not issue your warrant to
protect them; that you could not put
your, warrant . into the hands of the
United States marshal, and bring the
army and navy, and every man in the
Union to make that warrant good ?
There is no doubt of it. There is no
doubt of it that that was the very idea
of that fourteenth amendment. .
Well, there is no distinction now.-i-That
is as good for mo as for the color
ed man. Although it is shocking td our
sense now, the time will come when a
man may be - indicted in a Federal
Court for assault and battery. So I say
sir, that the law properly construed
gave jurisdiction before the adoption of
tho fourteenth amendment ; and that
if there was no doubt before, there; can
be no doubt now. Therefore Judge.
Brooks had jurisdiction.
Then, too, furthcr we ask, what has;he
Gov. Caldwell-r-or any radical done to Bring
radical thieves and robbers to Justice T
What? Cite the act the timo and' tho .
names of the thieve. Sentinel. j
Who went before a Judge and sued'
out a warrant on his own oath for the
arrest of Geo. W. Swepson, to the end
that he might becompelled to disgorge N
the funds of which he had defrauded
the State? . , j k, ' '
Who sent a messenger to Florida
with a requisition upon the Governor
of that State for Milton's. Littlefield,
the chief plunderer and -j thief, ot the
railroad rings ? I i
Who, after the Governor of Florida
refused to surrender him, sent in attics-'
sage to the Legislature asking I that
body, to pass a resolution authorizing
the offer of a reward of $5,000 fof the
apprehension' and delivery :of said M.
S. Littlefield to tho Chief Executive of
the State? ' . . j
. When TJie:, Sentinel answers these
questions, we tnay conclude(to answer
some of those t has seen proper to pro
pound. :" ' ? : ' J ' '
Capture op a Ku Klux. We
learn from The Asheville Pioneer, that
on Friday last, Wm. RayJ the alleged
chief of the Ku Klux Klan, of Madison
county, was captured by officer Wt. R.
Trull at Big Creek, Cocke county,Ten
nessee. Ray had absconded several
weeks previously andw(as, as ho in
formed the officer at the time f his
capture, on his way back to fix up pome
business, ; preparatory, to making his
home in Colorado. A. L. Carter,) also
charged with being a Ku Klux, was in
company with Ray, but at the timp of
the arrest of the latter, a man standing
on the bank of the river gave him a
signal of danger, and ho made his es
cape.
Romantic Story,
A MISSING WILL RECOVERED.
The Newark Advertiser of Saturday
exening has the following :-p b
Henry Dilton, an ex-Union soldier,
Sroprietor of a newspaper stand at
lontgomery and Hudson streets,1 yes-
terdav received a check for ;j00 . from
the daughter of the late General Steg-
circumstances under which tho money
was paid .are romantic. During thq
war Dilton served 'in the 5d I New Jer-
Slnl.mOT.' Tia n nnrmra n icvl Mia irtict
iment on Grierson's famous raid
through Mississippi, and while on a
Kcoutinsr expedition one day encount-
prtnl General Steorman and one of his
staff officers. - Shots were exchanged, .
and the rebel general fell from hlH sad
dle, mortally wounded- tho stall om
cer fled, but was overtaken and! . cap
tured by a comrade of Dilton's. In his
dviner moments General Stegman re-
nuestea nis siayur iu uiku irum uuo ui
" P 1 ! 1 i C .
his inside pockets his will, bequeath- ,
in?? all his property to nis wne ana
daughter, and a life insurance policy
for $40,000. He asked' Dilton to,-keep
them and send them to his family.
After the war Mr.. Dilton advertised
in vain for the Owners, and he resolved
to retain possession of the papers' until
some, inquiries should bo made for
them. Recently an advertisement
amearedin the Alabama papers offer-
ing XHJ reward ior me missing win.
Dilton answered it, and General Steg
man's daughter came North as tho
guest of Roger A. Pryor, f She related
the particulars of the long search for tho
will, the difficulties that had been ! en
countered, the production of a forged
will by her father's relatives, arid their
Mobile lawsuits. She expressed deep
crratitude to Mr. Dilton for! the recov-
. I XI f ' f 1 f
of the wlll and that throuSh
it her mother and herself Would bo cn-
abled to regain possession of tlieir ex
tensive. Alabama and Georgia cstates.i
The estates are valued at $300,000.
s
. Wife, Mistress and Lady. Who
marries for love takes a wife, who mar
ries for fortune takes a ' mistress, who
marries for position takes a lady. Yoii
are loved by your j wife, regarded by
ybur mistress, tolerated by your lady.
You have a wife for yourselfi a mis
tress for. your house and friends, a lady
for the world and, society. Your wife
will agree with you, your mistress will
rule you, your lady will manage you.
Your wife will take care of your, house
hold, your mistress of your house, your
lady of appearances. If you are sick
your wife will nurse you, your mistress
will visit you, your lady will inquire
after your health. You take a walk
with your wife, a ride with your mis
tress, and go to a party with your lady.
Your wife will share your grief, your
mistress your money, your lady your
debt?. If you die.your wife .will weep,
?rour mistress will lament, and your
ady wear mourning.- Which will you
have? I..- :
There is said to be a hilly county in
East Tennessee, where the children
lDok up the chimney to see if the cows
are coming nome i f