States courts—is not a principle that applies to a single section of the country, but to all sections alike; he will see that the incorporation of such a principle in the constitution cannot be regarded as a measure of force imposed upon the vanquished, since it would be law alike to the vanquished and the victor. In short, he will see that there is no other sufficient guarantee of that equality of all citizens, which he well declares to be the "corner-stone of the structure of restored harmony." The Boston Journal of July 19, said:
There are cases where it seems as if the constitution should empower the federal government to step in and protect the citizen in the State, when the local authorities are in league with the assassins; but, as it now reads, no such provision exists.
That the constitution does not make such provision is not the fault of the president; it must be attributed to the leading Republicans who had it in their power once to change the constitution so as to give the most ample powers to the general government. When Attorney-General Devens was charged last May with negligence in not prosecuting the parties accused of the Mountain Meadow massacre, his defense was, that this horrible crime was not against the United States, but against the territory of Utah. Yet, it was a great company of industrious, honest, unoffending United States citizens who were foully and brutally murdered in cold blood. When Chief-Justice Waite gave his charge to the jury in the Ellentown conspiracy cases, at Charleston, S. C., June 1, 1877, he said:
That a number of citizens of the United States have been killed, there can be no question; but that is not enough to enable the government of the United States to interfere for their protection. Under the constitution that duty belongs to the State alone. But when an unlawful combination is made to interfere with any of the rights of natural citizenship secured to citizens of the United States by the national constitution, then an offense is committed against the laws of the United States, and it is not only the right but the absolute duty of the national government to interfere and afford the citizens that protection which every good government is bound to give.
General Hawley, in an address before a college last spring, said:
Why, it is asked, does our government permit outrages in a State which it would exert all its authority to redress, even at the risk of war, if they were perpetrated under a foreign government? Are the rights of American citizens more sacred on the soil of Great Britain or France than on the soil of one of our own States? Not at all. But the government of the United States is clothed with power to act with imperial sovereignty in the one case, while in the other its authority is limited to the degree of utter impotency, in certain circumstances. The State sovereignty excludes the Federal over most matters of dealing between man and man, and if the State laws are properly enforced there is not likely to be any ground of complaint, but if they are not, the federal government, if not specially called on according to the terms of the constitution, is helpless. Citizen A.B., grievously wronged, beaten, robbed, lynched within a hair's breadth of death, may apply in vain to any and all prosecuting officers of the State. The forms of law that might give him redress are all there; the prosecuting officers, judges, and sheriffs, that might act, are there; but, under an oppressive and tyrannical public sentiment, they refuse to move. In such an exigency the government of the United States can do no more than the government of any neighboring State; that is, unless the State concerned calls for aid, or unless the offense rises to the dignity of insurrection or rebellion. The reason is, that the framers of our governmental system left to the several States the sole guardianship of the personal and relative private rights of the people.
