Box 17, Folder 14, Document 5

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Judge, and first appearance in any Court, was
lately before the Supreme Court in an integration
case—a tremendous leap even for a Kennedy.

lf | may interject a personal statement: | come
from a football family, and we all admired the
stardom in that field of ‘‘Whizzer'’ White. But he,
no doubt, would readily admit that decking a
husky youngster out in football togs does not make
a football star, anymore than hanging black cloth
on a politician will make a Judge. That the benign
Goldberg had a special ability, too, is admitted.
If these two apply themselves to their Judicial
duties as faithfully as in their preceding specialties,
we may wishfully expect that in time they will at-
tain Judicial stature. In the meantime, they share
the power of the other SUPERMEN.

lt is never enough, however, just to say that an
old law is out of date and haul off and break it.
Correct Judicial procedure requires that some-
where something professed to be superior must be
found to justify the law breaking.

Where better than in the old reliable 14th
Amendment? So these modern Isaac Waltons
baited their hooks with the Swedish bait, and went
fishing in those bottomless waters.

What they caught is the prize fish story of all
fish stories, surpassing in that field of exaggeration
all others; except only that one banishing God
from public school rooms.

That part of the Amendment to which the right
fish story could apply reads:

“Nlo state shall make or enforce any law which
shall deprive any person within its jurisdiction
of the equal protection of the law.”

Since the schools were equal in the instant case,
nobody had been denied the equal protection of
the law on that score. The Swede solved that ob-
Stacle. The separation would make the Negroes
feel bad; but not the whites. So the “generation”
of this feeling bad was adopted as granting the
Federal Judiciary a new area of control in passing
on laws enacted by the authorized lawmaking

_ The Integration fish had been landed. The next,
it may be expected, given time for new breeds to
hatch—will be the miscegenation shark.

This addition of the state of the feelings of


groups of people in considering the application of
this Amendment, has opened a vast new field, so
vast indeed that the imagination cannot encompass
where it will end.

Crowds of adult Negroes have lately been per-
suaded that a large number of their relations with
whites, heretofore not suspected, make them feel
bad—not eating at the same tables, swimming in
the same pools, sitting on the same toilets, and
such—and they are filling the Courts with de-
mands, and the streets with “demonstrations,” that
they be made to feel better by intimate association
in these matters—forced by Judical decrees, and
new law enactments. The inherent admission of
implied inferiority to be cured by these intimate
social and school ties is ignored. Also ignored in
these ‘demonstrations’ is that the right to ‘assem-
ble and petition for a redress of grievances’ re-
quires that such assemblies be “peaceable.” Are

The unexpected catch of this feel bad fish in the
school case met with shouts of joy from the sur-
prised New Yorkers, who from the first promoted
only suits claiming inequality in such “tangible”
things as building, curricula, teacher qualifications,
salaries, etc.

Now the objective was quickly changed, and the
New Yorkers, mainly an organization called the
Association for the Advancement of Colored Peo-
ple, the well-known NAACP, sent out emissaries,
at first only to the South, but later to all parts of
the country, to teach the Negroes how to feel bad
about a variety of things besides not mixing in
schools. This went exasperatingly slow in the be-
ginning, for the innocent Negroes did not know
that they should feel bad about these things. In
fact, they were feeling pretty good about the ad-
vancement they were making along all lines in
America. An example of their progress is noted
even in bad old Mississippi. Governor Barnett of
that State, quoted in the June 3rd issue of the U.S.
News and World Report, said:

“We have Negroes who own their own busi-
nesses, quite a number of them wealthy busi-
nessmen. There are more than 27000 Negro
farmers who own title to land valued af ap-
proximately 100 million dollars. More than


27% of the privately owned homes in Missis-
sippi are owned by Negroes. We have Negro
professional people, such as lawyers, doctors,
teachers, dentists, social workers, nurses and
many others.”

Does that sound like the grade of inferiority that
the Court must cure by ‘side by side” contact with
whites? Is that really poor achievement for the
Negroes in the last fifty years, when both black
and white in the South got the chance to move up-
ward economically?

Propagandists refer to the ‘plight’ of the Ameri-
can Negro. What in fact is that plight? The Cen-
sus Bureau has released figures for 1960 showing
that the Negro in the United States has an annual
income exceeding that of the whole people of
France, Germany, Italy, Russia, Norway, Mexico,
Japan—and equal to that of Great Britain,
$1150.00. Only Canada, Australia, Switzerland
exceeds that level.

Nevertheless, the agitators made progress, at
first having to pay some of the Negroes to feel
bad. The NAACP with its annual expenditure of
one million dollars, according to its public audit,
was the leader. But at once, Northern politicians,
sensing votes to be had, hypocritically sprang into
the act.

Progressively in the last year, discovering that
feeling bad about all sorts of things, and shouting
“equality,” could get their names in a sensation-
seeking press, and their pictures on TV, Negroes
are filling the streets with hysterical yelling mobs
of men, women and children, disturbing the public
peace, lying down in public places, throwing pop
bottles and stones; their ministers making political
speeches disguised as prayer; in short, having the
time of their lives in all these forms of emotional

Bored by the monotonous routine of preaching
the gospel, white ministers, not indifferent to their
names and pictures being broadcast, can persuade
themselves that they are martyrs by going to jail
for a few days.

Then there are other white ministers who from
higher stations in their clerical organizations, speak
with pompous authority, who expect the populace
to be impressed that they had just received a tele-


phone message from God directing them to spring
to the front of marching, lawbreaking Negroes, de-
manding “‘rights"’—claiming the constitutional right
of ‘peaceable assembly."’ One wonders at the
colossal conceit of these men, who imagine, or
profess to believe, that God had withheld such in-
structions from their learned and spiritual predeces-
sors; awaiting till these chosen ones should appear.
One may suspect that among these, too, ‘the itch
for the praise of fools,” is not absent.

Teenagers, according to a pattern emerging all
over the world join in ‘demonstrating.’ Maiden
ladies and frustrated wives, lying down in the
streets and offices, force police to drag them off
bodily; not a little titillated by indecent exposure.

Many of these come from distant places to do
their bit; ignoring the opportunities in their own
back yards. Dickens etched this type indelibly in
Bleak House a hundred years ago, describing Mrs.
Jellyby who was “involving the devotion of all my
energies, as she said, in improving the condition
of those unfortunates away off yonder—in her
case—Darkest Africa; while her own children were
ill clad, unwashed, ill nourished, one of them
tumbling down stairs, so that a visitor could count
the sounds of his bumping head as it struck each
step; and another “crying loudly, fixed by the neck
between two iron railings,” “while Mr. Guppy, with
the kindest intentions possible endeavored to drag
him back by the legs, under a general impression
that his head was compressible by these means."
To all of this, Mrs. Jellyby was serenely ob-
livious, while she made diapers for the babies
of the Congo, and “‘discussed the Brotherhood
of Humanity, and gave expression to some
beautiful sentiments.”’

Not to be left behind their brethren of the South
in all these ‘demonstrations,’ the Northern
Negroes are going at it on so large a scale as to
scare the tar out of their politicians; and these, in
their consternation that they have aroused bar-
barous emotions which they cannot control, are
crawling on their knees, begging for restraint, lest
these riotous eruptions turn Northern white voters
against them, and they will lose their jobs. Callous
to all else, they neither think nor care what all this
will do to the poor Negro. It takes no major
prophet to foresee that a check in Negro advance-


ment will come; a setback which may last for
decades; and the innocent Negroes will see that
they have been deceived by heartless self-seekers,
and will turn on the leaders, both white and black,
who have cost them so much.


As we have seen, the NINE MEN have as a
reason for breaking the old law of separate if
equal, that it made Negroes feel bad.

How easy it will be to extend that feeling bad
defense to persons charged with crime. We have
State laws prohibiting and punishing all sorts of
acts deemed against public safety; acts from the
disturbance of the peace to stabbing, murder and
rape. What a laugh it would be for a culprit
called before the Courts for breaking one of these
laws to plead: ‘I reject that law. To condemn me
as it requires, will make me feel bad.” And what
a carnival of crime would ensue. That is exactly
what has happened from the lawbreaking
judgment of 1954 of these politicians sitting on
a supposedly Judicial Bench.

Not only have mobs gathered in streets, march-
ing and yelling, disturbing the public peace under
the mask of right of assembly, making speeches to
God under the blasphemous guise of the sacred
rite of prayer; throwing pop bottles and stones at
the police; but felonious crimes have multiplied—
murders, rapes and stabbings. Most frightening
of all, murderers and rapists, tried and condemned
to death before State Courts, may now be ob-
served peering from beneath the black robes of
Federal Judges, where for years they have basked
in security; protected by some technicality of the
law discovered by these SUPERMEN.

At this writing there are twenty-six (26) tried and
condemned to execution in the Angola Penitentiary
of Louisiana; three whites for murder; and twenty-
three Negroes, nine for aggravated rape and four-
teen for murder. Four of the Negroes sentenced in
1957; 1 in 1958; 1 in 1959; 1 in 1960; 8 in 1961
and 2 in 1962.

Two of the Negro rapists in Angola were con-
demned for raping white women in the state capi-
tal at Baton Rouge. Their exemption from execu-
tion has encouraged the nephew of one of them to


another rape of a white woman in that city, tak-
ing place July 6th, 1963. Police know that the
rape of white women by Negroes has multiplied
since 1954; not more than one out of six or seven
being brought into the Court, the victims not wani-
ing their shame publicized. Within the last week
a Negro has been identified by his victims, and
charged with attempted rape of one nun and the
beating of another, within their convent walls; in
New Orleans. How many in all Southern States?

In Washington, where it was expected that the
concentrated glare on integration would disclose
everybody made happy, the contrary is proven by
a record of crime since 1954, exceeding that of
any city of comparable size in the country. Wash-
ington, where a white American soldier may be
killed on the streets, scarcely noticed, while on the
same day, trumpets blare for a murdered Negro
buried in Arlington. Washington, where white
women may be assaulted by a Negro in a church
in sight of the Capitol, and in their homes, while
their men only whimper, lest they lose votes, or
their jobs. Did | say men?

Based on his personal observations, no doubt
the Negro Congressman Adam Clayton Powell
bragged for the nation to read:

“We have the white man on the run. After
him, men; sic ’em.’’ Some Congressmen, un-
named, have been quoted as saying “We should
take a recess.'’ Take a powder, they mean.

It is impossible to believe that even Washington
would inflict that disgrace on the American people
in the face of approaching Negro thousands. Let
them take heart. We are informed that right up
front, there will be some of Hollywood's quick-
draw heroes to keep order; along with some nice
white gentlemen in clerical garb sidling up to the
camera boys.

What would the Father of his country say, if he
could see this city named for him, become a
jungle; a monument to the folly of the SUPERMEN?

It is unbelievable, that when a young Negro was
condemned to execution for raping and murdering
an elderly white woman in Washington, and re-
leased by the Supreme Court; Mallory vs. U.S. 354
p. 441 in 1957,—one of the Judges is reported to
have remarked afterward, ‘After all he was but

a lad.” The “‘lad’’ was reported to have promptly
committed another offense in Pennsylvania, and
killed by Police. The technicality on which this
convicted murderer and rapist was freed to com-
mit another crime, is simply too incredible to put
down if it were not verifiable by reading the de-
cision. The question of guilt was of no concern.
He was released because, for some reason he was
committed to prison, and not questioned until seven
hours had passed. It is not now in the recollection
of the writer whether the Court fixed a time within
which the questioning must begin; say one hour,
ten minutes, and twenty-five seconds, or possibly
ten seconds longer. But it is a fact that law en-
forcement officers the nation over are dismayed
lest this ridiculous and indefensible holding of the
Court, results in freeing many vicious criminals.

Who is to blame for setting the example of
lawbreaking? On whose shoulders should hor-
rid responsibility settle for these crimes?


More than fifty years ago, June 4th, 1910, in
the Outlook magazine, Theodore Roosevelt quoted
with approval the statement of Sir Henry R. John-

“That nowhere else in the world, certainly not
in Africa, has the Negro been given such a
chance of mental and physical development
as in the United States. Intellectually he has
attained his highest degree of advancement
as yet in the United States. Politically he is
freer there; socially he is happier than in any
other part of the world.”
The ex-President added: “The book is of great
interest and permanent value; and should be in the
library of every American who cares to devote a
little thought to one of the largest of the problems
of today.’ Quoted from Book Review, printed in
the words of Theodore Roosevelt, Vol. XIl, pp. 221-2.

This progress had continued up to 1954. Fine
public schools built solely for Negro children,
taught by competent teachers of their own race
who best understand them, have multiplied all over
the South. This day go into hundreds of communi-
ties and one will see that the newest and most


modern schools and campuses are for the Negroes,
a fact concealed from the Northern people. The
greatest Negro University in America, is in Louisi-
ana—five miles from the State Capitol, beautifully
located on the Father of Waters. This Negro Uni-
versity has all the trimmings that the white State
University has; located two miles from the State
Capitol. (Maybe that is an offense, being three
miles further from the State Capitol than the
white). It has full academic courses, granting de-
grees at a regular graduating exercise (upwards of
500 in June 1963); homecomings, fraternities and
sororities, football and other sports, bands and
cheerleaders. There is nothing collegiate, social,
and cultural, on the white campus not also seen
on the Negro campus.

Negro graduates at other Negro colleges in the
state total 401, not including the privately endowed
Dillard in New Orleans, a large and well-managed
Negro University whose attendance and graduate
level is not at the moment available to the writer.

In the school year just closing there were
286,605 Negro students in 164 Negro High
Schools, with 8,876 graduates in Louisiana, with a
total population in 1963, estimated as 3,300,000—
less than the population of Chicago. It would be

interesting to compare these figures with those in

In the smaller state of Mississippi, near the popu-
lation of Philadelphia, to quote Governor Barnett
again, there are ‘more than 4000 Negro students
in State supported colleges; 7,382 Negro school
teachers in the Negro public schools with masters
degrees and above; and of 190 million dollars
spent on public schools since 1953,” in this by no
means rich State, ‘63% went for Negro public
school facilities."" There is much more in the Gov-
ernor's interview by U.S. News and World Report
that would show misinformed Northerners that the
Negro is better off in Mississippi, than in the great
Northern cities. But presenting a fair picture of
the condition of the Negro in Mississippi, or any
other Southern state, to the Northern people can-

not be expected so long as the egalitarian mania

There is some sense in the Negro making a plea
for a job. He cannot stay on relief forever; be-


sides most of them have the pride of preferring to
work to mooching on the taxpayers; but the cry
of lack of employment is something recently
thought up by those who profit by agitation. Here-
tofore those who presumed to speak for them;
those whose real object is to cause racial division
and clash; those who were stirring to howling com-
plaints, sit-ins, lie-ins and butt-ins, were eloquent
with phrases as meaningless as they are sonorous
—"human dignity,” ‘plight of the Negro,” ‘‘social
revolution.’ A favorite is ‘second-class citizen-
ship,’ used in a sense which disregards good con-
duct as the indispensable duty of ‘‘citizenship."” A
later one is produced by Bobby Sox,—‘'Human
rights are superior to States’ Rights." Whatever
meaning Bobby attaches to this bombast, it is
certain that for him States’ Rights do not exist. An-
other is in constant use, —‘‘discriminate."’ Would
these good white men of the clerical cloth, who are
Opposed to ‘discrimination’ refuse a daughter's
hand to one of the lusty young Negro ‘‘demon-
strators?’’ Maybe these particular show offs would

not. Ask them.

ls the advancement of the Negro made in the
United States in the last hundred years, and espe-
cially in the South in the last fifty years, to be
ignored, obstructed, possibly destroyed by the vote
hustlers, financial profiteers, and gullible do-

When the unsuspecting Negro is being aroused
to heights of insurrection passion, white men and
women of the South, of good will and compassion
—and these are, or were, in the vast majority—
are reluctantly compelled in self defense to remind
all concerned, that in his own country of Africa he
made no advance whatever in the 6000 years that
the white man was painfully creating the civiliza-
tion of which now in American the transplanted
Negro has the advantage.

ls it unkind to suggest to Martin King, Wilkins,
et al, that if their ancestors had remained in
Africa; what with disease, tribal wars, and canni-
balism, they might not have survived to become
sires of these descendants now demanding so much
from the white man’s civilization in America?

In those 6000 years that the Negro achieved


nothing in his own country of a hundred million—
in Egypt, next door to him, her engineers con-
structed the Great Pyramid 5000 years ago, an
amazing feat still puzzling to moderns. Separated
from Caucasians of the West by the vast length
and height of the Himalayas, the Yellow Chinese
more than 2000 years ago built the Great Wall
1400 miles long, to protect them from the Mongo-
lian Hordes—the Empire then more than 1000
years old, with great cities, and art and literature.
The Brown Japanese boast of a culture 2000 years
old when Christ was born. And when Columbus
crossed the sea, he found 3000 miles from Western
civilization, the rich culture of the Red man, which
Cortez and Pizarro pillaged in the Halls of Monte-
zuma and Golden Palaces of the Incas.

In referring to the kindly feeling existing be-
tween the races in the South before the Supreme
Court caught its integration fish, | beg to interject
a personal note. | was born and reared on a cot-
ton plantation in North Louisiana; grew up with
Negro playmates; know their good qualities when
not deceived and misled; and | am saddened when
| perceive what is in store for them under a leader-
ship so fraudulent as to be criminal. One of my
playmates, bedridden in his home in his last years,
| never failed to visit when frequently visiting his
section of the State. We would spend a happy
hour recalling incidents of our boyhood and early
manhood. | can assure our Northern fellow citi-
zens, that there were many thousands of such re-
lationships between Negroes and whites of the

So far as the South is concerned there is more
seeming than fact in all this Negro hurrah. The
Negro is by no means the fool that the front run-
ners of his race are making him out to be. |
haven't the least doubt that the majority of them
within their own thoughts, wish these disturbers
would subside. But as is frequently the case with
the whites, these remain quiet lest they be cen-
sured by the more vocal, or even injured.



The politicians sitting on the Supreme Bench in
1954 did not stop with breaking the old law of
1896. Having decided what will make the Negro

94 —

feel bad, they went on to the next step, and de-
termined that they must do something to make him
feel good. But here they were confronted with an-
other Constitutional obstacle; the specific declara-
tion in the very same 14th Amendment (Sec. 5) that

“Congress shall have the power, by appropri-
ate legislation, to enforce the provisions of this

But what if Congress did not agree with what
the SUPERMEN professed to have discovered in
this Article, since it was not so written; and what
if Congress did not take any stock in what the
Swede & Co. said about it making the Negroes
feel bad if they could not be right there by the
side of the whiteman in whatever he was doing—
leaving the presumption that he had no ideas, lik-
ings, business, or choices of his own. There are
in fact many Congressmen, especially those from
the South, who do not believe any such thing.
They have known and lived beside the Negroes
all their lives, and they are quite positively certain
that the Southern Negro would prefer to have his
own schools and teachers, and run his own affairs;
and that all the commotion whipped up by New
York, et al. is just so much profitable poppycock.

But since the SUPERMEN had gotten away with
it before, they decided to go it alone in this case.
The judgment they issued required the District

“To take such proceedings, and enter such
orders and decrees, as are necessary and
proper to admit to public schools on a racially
nondiscriminatory basis with all deliberate
speed,” the parties to the case.

This has been expanded so, as a matter of
course, the Federal Judges, and not Congress, are
“enforcing the provisions’ of the 14th Amendment.

lt will be noted that in the accompanying specific
instructions to the District Judges, the SUPERMEN
delegate to these Judges the rights and duties—
which they had themselves usurped—to break
State laws or local ordinances, and enact others to
take their places. These are the precise instructions
given to the District Judges:

“Fyll implementation of these constitutional


principles (meaning those which they had in-
serted in the Amendment) may require solution
of local school problems . . to that end Courts
may consider problems relating to administra-
tion, arising from the physical condition of the
school plant, the school transportation system,
personnel, revision of school districts and at-
tendance areas into compact units to achieve
a system of determining admission to the pub-
lic schools on a nonracial basis, and revision
of local laws and regulations which may
be necessary in solving the foregoing prob-

Even King Jehosaphat did not assign such
whopping jobs to his Judges. Presumably these
District Judges know all the multiplied aspects of
public school management required of a compe-
tent Superintendent of Public Education who has
learned them by many years of observation and
practice; or they must instantly learn them—in
what school not stated. It is a marvel that more of
them do not reluctantly assume these added execu-
tive duties; but maybe very many are reluctant but
are scared of the SUPERMEN—except some who
may be eager for earned promotion; such as our
New Orleans District Judge Skelly Wright, whose

quick promotion is expected to entice others to
follow his example.

That the SUPERMEN quite well understood that
they were usurping the exclusive authority of Con-
gress, is perceived in their evasion of the word
“enforce’’ when they instructed the District Judges
to “implement” their judgment. In their embarrass-
ment, they tried, not too cleverly, to escape from
the specific constitutional limitation, by adopting a
word to take its place. They have said repeatedly
that their decisions shall be “implemented”
(meaning ‘‘enforced"’) by the directions they gave
to the lower Judges. The word implement as a
verb is not found in any legal dictionary, the old
reliable Bouvier, Ballantine, or the 1951 edition of
Black. The lower Judges have understood their
superiors quite well; and have issued orders and
decrees by the dozens to ‘‘enforce’’ the provisions
of the 14th Amendment, the exclusive right of Con-
gress so to do be damned. The Courts have also
adopted another word to serve their purposes—


“desegregate’ which was not in any dictionary,
academic or legal, until it was inserted in Web-
ster’s International Dictionary in 1959.

So we find the Court in the business of supple-
menting the English language to convey its mean-
ing in the assault on the Constitution. It will not be
long before the Federal Judiciary will ease into the
use of the word “‘integrate,’’ as a substitute for
“desegregate. Then it will have gone the whole
hog. The thin mask will be completely off. There
will be no need for Congress to exercise its spe-
cifically granted and exclusive power to ‘enforce’
integration of the races in all cases where the lack
thereof is alleged to make the Negro feel bad.
The obliging Federal Judiciary will do it.


It soon becomes obvious that in lawbreaking by
an all powerful governmental body like the SUPER-
MEN, some very serious and dangerous law-
making must follow in its wake to carry out their
enactments. The Court has ordered integra-
tion of the races wherever demanded by NAACP;
and masks off, proposes to enforce their commands
by expanding the rule of Contempt of Court to
punish noncompliance.

The world over when the lawmaking power en-
acts a statute where a compliance is required or a
violation punished, the same law fixes a penalty
for disobedience. The limitation of punishment is
clearly stated, generally in such terms as “fined not
more than’ so many dollars, or ‘imprisoned not
exceeding” a term stated.

Again the world over, there the lawmaker stops.
It is left to another and not self-interested authority
to hear and condemn breaches, and assess punish-
ment with the stated limits. There was a time three
hundred years ago when the Divine Right Kings
claimed the right, (called Prerogatives) to make
laws, fix punishment for noncompliance, try cul-
prits, and clap them in jail; all without the inter-
vention of Parliament. Those Divine Right claims
petered out when one was exiled, and another had

his head chopped off.
A revival of that right is now claimed, or at
least apparently threatened by Federal Judges.


Under the guise of well-known and admitted right
to maintain decorum in their court rooms, to re-
quire witnesses to answer proper questions, and en-
force a well-known general line of Court orders,
noncompliance with their integration laws, orders,
and decrees is now threatened with unlimited fines
or incarceration in jail, without the right, as old as
Magna Carta of 1215, to a trial by jury of their
peers. The authority for this taking away the prop-
erty and liberty of American citizens, specifically
prohibited by Articles of the Constitution (ap-
pended), they will call Contempt of Court. In that
procedure, the lawmaker, the prosecutor, the
Judge, and the executioner will all be centered in
one person,—contrary, it is repealed, to a univer-
sally admitted principle, and specifically prohibited
by the Constitution.

Some imaginative journalists have speculated on
the infliction of fines as much as one hundred
thousand dollars, and imprisonment up to ten
years. It is remarkable that in mentioning these
possibilities, these generally well-informed men, did
not express the slightest dismay. That is how far
we have gone in our indifference to the warning
of the Harvard Professor that, ‘Never in recorded
history has the individual been in greater danger
from government than now.”

It may take the infliction of such punishment to
awaken complacent Americans to their peril, lest
their liberties so valiantly and bloodily fought for
by their ancestors, will fade away under the
tyrannical rule of uncontrolled SUPERMEN.

“Power corrupts; absolute power corrupts

When the sage, Benjamin Franklin, in his old
age, was asked by a lady, after the adoption of
the Constitution in 1787, in the confection of which
he took an active part, ‘What kind of government
have we now, Mr. Franklin?” He replied, “A Re-
public, Madam, so long as the people hold fast
to it.”

Are the people “holding fast to it?” It is con-
cealed from them that in this country there are de-
termined and influential men who, in the language
of Jefferson, ‘are mining and sapping at the foun-
dation of our Constitutional government,’ with the
aim to center all power in pressure groups at

Washington; robbing the States of the guarantees
of the right to manage their local affairs; reducing
them to the level of provinces.


Article Ill

Section |. The Judicial power of the United States shall be
vested in one Supreme Court, and in such inferior courts as
the Congress may from time to time ordain and establish.

The trial of all crimes, except in cases of impeachment,
shall be by jury; and such trial shall be held in the
State where the said crime shall have been;

* * *

(Note: “The Courts derive their powers from the grant of
the people made by the Constitution and they are
all to be found in the written law, and not else-
where." Wheaton vs. Peters, 591, 658; Bucher vs.
Cheshire, 125 U.S. 555. ‘‘It must therefore find its
power to punish the crime in laws of Congress
passed in pursuance of the Constitution, defining the
offenses and prescribing what courts shall have ju-
risdiction over them. No act can be a crime against
the United States which is not made so or recog-
nized as such by federal constitution, law, or treaty.”’
U.S. vs. Hudson; 7 Cranch, p. 32; Cooley Principles
of Constitutional Law, p. 138.


No person shall be held to answer for a capital or other-
wise infamous crime, unless on a presentment of a grand
jury... nor shall any person be deprived of life, liber-
ty, or property without due process of law...

In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial by an impartial jury
of the State and District wherein the crime shall have
been committed.
* * *


Under the 14th Amendment “equal protection” means
“that every man's civil liberty is the same with that of
others, That Men Are Equal before the law in rights,
privileges and legal capacities. Every person, however;
low, or degraded, or poor, is entitled to have his rights
tested by the same general laws which govern others.
Cooley, pp. 235-6.

* * ae

“Section 1... . No State shall make or enforce any
law which... shall deny to any person within its
jurisdiction the equal protection of the laws.”

(Note: ‘The guarantee of equal protection is not to be un


derstood, however, that every person in the land
shall possess precisely the same rights and privileges
as every other person. The amendment contemplates
classes of persons, and the protection given by the
law is to be deemed equal, if all persons in the
same class are treated alike under like circumstances
and conditions both as to privileges conferred and
liabilities imposed." Cooley, p. 237. Citing authori-

“Section 5. The Congress shall have power to enforce,

by appropriate legislation, the provisions of this


With reference to enforcement, it may be said that no
one will deny that when an authority is granted in the Con-
stitution, it is exclusive, unless otherwise stated.

The application of the authority granted to the Congress
here to enforce the provisions of the article, by appropriate
legislation, denies to the Supreme Court the right to “en-
force its provisions” by the enactment of any law by it; or
to enforce its provisions by the formulation of ‘orders and
decrees’ which amount to enforcement. That is to say, that
when Congress has enacted appropriate legislation to pro-
hibit states from denying equal protection of the laws in
any instance—in the racial cases here, the judiciary can
ascertain when such legislation is violated, and apply the
remedies set out by the Congress.

What the Court has done in the school case, for instance,
is this in effect: It has inserted in the Amendment substan-
tially these words:

“The amendment contemplates Federal control of pub-
lic education in the States. Therefore when a State en-
acts legislation providing separate schools for the
races, that legislation is prohibited as denying equal
protection to the Negro race.”

Having found, in effect, that language in the Amend-
ment, as one of its provisions, the next question should be
whether Congress has enacted appropriate legislation to
prohibit state laws violating the provision. If Congress did
not know that such legislation by the States is prohibited
by the Amendment; or if Congress should recognize this
Judicial Amendment, but has not enacted any legislation to
enforce the prohibition; does that give the right to the
judiciary to “enforce” it. The Supreme Court has answered
that question by again inserting in the amendment, in effect,
these words: ‘But if Congress does not see fit to enforce the
prohibition by appropriate legislation, the Supreme Court
may do so by its own decision;’.and may “implement'’
their decision by such “orders and decrees" as may be
necessary to take the place of the missing act or acts of
Congress, and ‘may provide unlimited punishment for non-
compliance with its decrees."

In eluding the exclusive right of Congress to ‘enforce
the provisions’’ of the Article, by using the word ‘implemen-
tation,” and other expressions, we observe all the arts of a
slick politician in writing this decision. The wonder is that
the others who had been on the Bench for some years,
could be persuaded to follow him along these twisting trails.

— |

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