The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-04-21
Letter from washington.
wAsnrNoroS, D. c., April 10, '66

MASHINGToSS u. S', AprlA 10, 20.
Editors iInteUigencer:
find in your issue of the 18th inst.
4 the following:
"John w. Forney writes thus to the
Philadelphia Press, concerning the
Civfl Rights bill, which has become &
law: = or.
"As piece of popular legislation, ar
act for the preservation of individual
rights, for the protection of the poor
against the rapacious rich, it has never
been surpassed. The clamor that it is
intended to interfere with the rights oi
communities or Stutes to legislate for
themselves is dispelled by the plain
fact that its chief object is to prevent
anti-republican legislation, or rather,
in the words of the second section oi
the bill, which is the kernel of the
| nut -.is,8
"That any person who, under color OF any
| Inv, statute, ordinance, regulation or custom
shall subject, or cause to be subjected, any In
habitant OF any State or Territory to the de.
privatiom or any right secured or protected
/ by this act, or TO different punishment, palms
| or penalties on account OF such person haV,
ing at any time been held in a condition ol
| slavery or involuntary Seryttude, except as a
punishment for crime whereof the party
S1i haXe been y 1T 5 tRq
| punishment OF white persons, shall be
deemed guilty of n misdemeanor, and, on
| COnVletlOn. snail De pQnlSneur not
exceeding $1,000, or fmprisonment not ex.
ceediDH one year, orboth, in the discretion oi
| the court" So
"Now all that State has to do, to
avoid the operation of this so-called
Ciespotic law, is to remove every statute
in Pennsylvania, New York, Massa-
chusetts, or any States the constitutions
and laws of which are framed in a spi-
rit of Christian freedom; but twill an
null and destroy any of these relics OF
barbarism, which, in spite of the aboli-
tion of slavery by constitutional
amendment, are still preserved in some
of the Southern States. Here you have
the whole object of the civil rights bill.
It is not to force suffrage, or to do any
thing but to prevent the renewal or the
resort to any of those practices which
were intended to be destroyed by the
removal of slavery. In some of the
Southern States, even in Maryland, the
spirit of treason is so violent. and the
ment, that the public journals openly
declare that unless Congress intervenes
the recent rebel element will assume
and hold its former cruel control. Near
ly all the Southern State Courts are,
and will be for years, IN he.hands OF
the desperate and reYengeful men who
sympathized with or shared in the re-
belliop; and if general government did
not exercise its power under the second
section of the new article of the nation
al Constitutional by "appropriatele leg
islation" it did not protect the millions
made citizens by that great change, and
the other millions who will be eternal-
ly prosecuted because they we're true to
the country, it will stand convicted be-
fore the nations of the earth rs guilty
of criminal and wilful negligence"
There are in this extract Two points to
which 1 wish to call attention. First
at is not to force suffrage, &C.," and
Second-The claim that the power to
pass the Bill is conferred upon Congress
by "the second section of the new arti-
Gle of the Constitution"
Inreply to the first ask you to pub
lish the following extract from the
speech of Hon. John A. Bingham, de-
livered in the House of Representa-
tiyes on the 9th inst, whilethe Bill was
under considerations: a
ST respectfully submit to that gen
tleman, that by all authority the term
civil rights as used in this bill, does
include and embrace every right that
pertains to the citizens as such.
"Why, sir, the very origin of the term
sciviI' ought to satisfy gentlemen on
this point, that it has relation to the
rights and all the rights of the citizen.
Isubmit that the term civil right in
cludes every right that pertains to the
citizen under the Constitution, laws,
and Government of this country. The
term scitizen' has had n definite mean
ing among publicists ever since the
daYs;of Aristotle. He Interpreted and
rendered that term to signify a person
who was a partner in the government
of the country. Under the Constitu-
ton of the United States every natural
born, citizen of the REPUBLIC is, in some
sense, a partner in the Government,
although he may take no active part in
it. A distinction is taken, i know very
we'll, in modern times. between civil
and political rights:
"I submit, with all respect, that the
term political rights" is only limi-
tation ofthe term civil rights" and by
civil rights which are more directly ex-
ercised by the citizens in connection
with the Government of his country:
If this be so, are not political rights all
embraced inthe term '.ciyil rights, and
must it not of necessity be SO interpre-
ted? Blackstone, whose commentaries
on the common law are so exact in de-
finition, uses in that classic OF. the law,
the terms Z" civil liberty" and "politi-
cal liberty" everywhere as synony-
NOUS. 1t never occurred to him that
there was a colorado distinction be-
tween them. -IIl EtE. C318,l !.
eff civil rights has this extent, what
then is proposed by the provision OF the
first section?i Simply to strike dot1n bt
CONGRESSIONAL enactment eUeTy State con-
Stitxtfo1r tDhich makes a Discrimination on
account or race or color in any of the
cipa rights of the citizen. I might say
here, tpitbout The least fear Of contlGd!c-
don. that there is scarcely a State IN tbs
linton 1uticI does not, By It's constitution
o.. By its statute tdtOs, make some ,s- as
cTi,1lindtioR on account Of race or cotor
bettoeen citizens Of the United States IN
7-eSpectof ctvil rights.
II know that there are some excep-
tions. cannot stop to mention them
within the thirty minutes of time al
lowed me, or to make clearer what
/ have said. say, with some
Union does make some discrimination
bstween citizens of the United States,
either by its constitution or its statute
laws. in respect of civil rights on ac-
count of race or color. / desire to call
the attention of the House to the fact
that the honorable gentleman who re-
ported this bill in the Senate, and for
whom I have the highest respect. had
the canCor to admit to. me the other
day that the franchise of Office, accord
inc to all other authorities, is a civil
right, and in my opinion, by every fair
Interpretation of the Constitution, 1t
can rightfu1ly be conferred upon no
man in any. State save upon a citizen OF
the United States. 4
IBy the Constitution of my own
State, neither the right of the elective
franchise nor the franchise of Office can
be conferred upon any citizen OF the
United States, save upon white cltl-
zen of the United States. What do you
nropose to do by this bill D. You pro
kSS - ,,,r D.. n =, ;,isCfe1nedDoy- f1iLnfShot-