not 'incorporate' the First, that the powers of Congress
and of the States over this subject are not of the same dimensions, and
that because Congress probably could not enact this law it does not
follow that the States may not." Ibid. 287-288. Proceeding from this
position, Justice Jackson is able, none the less, to dissent from the
Court's judgment. _Cf._ Chief Justice Stone's position in United States
_v._ Carolene Products Co., 304 U.S. 144, at 152-53, note 4 (1938).

[239] 20 Stat. 355, 358 (1879); 48 Stat. 928 (1934).

[240] 327 U.S. 146 (1946).

[241] Ibid. 158. Justice Frankfurter, while concurring, apparently
thought that the question of Congress's power in the premises was not
involved. Ibid. 159-160. On this broader question, _see_ p. 269. (The
Postal Clause).

[242] 333 U.S. 178 (1948); Public Clearing House _v._ Coyne, 194 U.S.
497 (1904).

[243] Here it is recited in part: "That if we, our justiciary, our
bailiffs, or any of our officers, shall in any circumstances have failed
in the performance of them toward any person, or shall have broken
through any of these articles of peace and security, and the offence be
notified to four barons chosen out of the five-and-twenty before
mentioned, the said four barons shall repair to us, or our justiciary,
if we are out of the realm, and laying open the grievance, shall
petition to have it redressed without delay."

[244] 12 Encyclopedia of the Social Sciences, 98 ff, "Petition, Right
of" (New York, 1934).

[245] United States _v._ Cruikshank, 92 U.S. 542, 552 (1876) reflects
this older view.

[246] De Jonge _v._ Oregon, 299 U.S. 353, 364, 365 (1937). _See also_
Herndon _v._ Lowry, 301 U.S. 242 (1937).

[247] For the details of Adams' famous fight on "The Gag Rule," _see_
Andrew C. McLaughlin, A Constitutional History of the United States, pp.
478-481, Appleton-Century-Crofts, Inc., New York (1935).

[248] Rules and Manual United States House of Representatives (1949),
Eighty-first Congress, by Lewis Deschler, Parliamentarian, United States
Government Printing Office, Washington (1949), pp. 430-433.

[249] United States _v._ Baltzer, Report of the Attorney General, 1918,
p. 48.

[250] 92 U.S. 542 (1876).

[251] 16 Stat. 141 (1870).

[252] 92 U.S. 542, 552-553 (1876). At a later point in its opinion the
Court used the following language: "Every republican government is in
duty bound to protect all its citizens in the enjoyment of an equality
of rig