Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1866-03-09
THIRTY NINTH CONGRESS.
FIRST eFSSTOE
FIRST sEssIo.
WASHINGTON, Feb. %.

WASHINGTON, FEB. 81
The amendment to the Constitution reported
By the Reconstruction Committee, securing to
the citizens Of each State the privileges Of citi
zens Of the several States, and equal protection
IN the right, Of life, liberty and property,
being up,
Mr. Highly (Cal) spoke in support of the
amendment lie referred TO the Constitution to
prove that it intended to provide precisely for
that which the amendment would provide TOR.
Mr Hale (of " opposed the amendment.
! lie thought the necessary reforms IN State legis
la;51 should come from the State itself, and not
be forced upon it by the centralized power Of
\ Congress For instance, most, if not all the
I State, made distinctions against marrIed women
/ IN the matter Of property. Was II for Congress
| TO remove those distinctions
/ Mr. Stevens suggested that when all Of the
/ same class, all married women, were dealt with
| IN the same way, that was not unequal legisla-
/ tion.
Mr. Hale regarded that argument as much
more specious than sound. For by parity of
reasoning it might be said that when one negro
was dealt with IN the same way as another, il
was not unequal legislation. He spprehended
that the distinction Of class was quite as broad
between negroes and white men as It was be-
tween married women and unmarried women
He insisted that the American people had not
yet found out that the State governments were
insufficient TO protect the rights and liberties Of
the citizen. II the gentleman from Ohio (Mr
Bingham) had found it so, he would recommend
him to emigrate TO New York and he would fnl
it very different
Mr. Blngham-It is intended to protect tens
Of thousands and hundreds Of thousands Of 10y
al white citizens Of the United States, who's
property by local State legislation has been
atsdf hv-~ II
tsct them from banishment laws, for which there
has been no federal statute to this day to give
relress.
Mr. Hale-Let ne warn the gentleman that
there are other liberties as important as the
Liberties Of the individual citizen, and those are
the liberties and rights Of the States. The her
esy OF State Rights has been quieted. Let Us
see that more dangerous heresy does not rise
up IN its place.
l oppose the amendment as unsound
in substance as impolitic in itself, aad as not in
conformity or harmony with the theory of the
Constitution. | oppose It as uncallsl for al
all TINES and as especially uncalled for now when
cur tendencies ought 10 be all the other way. |
especially oppose il for the manner in which it
is sought TO be hurried through the House I
do not believe that the present time is favorable
for the calm, dispassiOnate consideration Of con-
stitutional law. | do not believe that the cir
cunstances surrounding the House to-day are
conducive 10 deliberatiOn. | ask gentlemen not
to adopt so fundamental change in the govern
mental system as this measure proposes-at least
until time shall have been given for examination
and discussion
Mr. Price (Iowa) prefacing his remarks by
saying that he was not n constitutional lawyer
like many other gentlemen in the House, gave
what he understood to be the meaning of the
prospesed amendment. 1t was simply this
That IL citizen Of Pennsylvania or Iowa
should visit Georgia or South Carolina, ne
should have the same protection there which he
would have had he lived the all his life. For
the last thirty years that was not the case
Northern citizens going TO the Southern States
lid 50 az the risk Of coat Of tar and feathers,
and Of being ridden on a rail He was inform
cd that recently party Of eight men went from
Illinois to Mississippi to work in a machine shop
and that SIX Of them came back, the other two
having been murdered'betEeen the shop and
their boarding house.
Mr. Wright (dem. n " raised question OF
order that the House was not trying murder
eases.
The Speaker overruled the question.
Mr. Price believed that, though he was not
lawyer, be knew how much two
md two made, ard that he had always given the
proper answer to the question. lie was discus
.ing the real question before the House, and
sticking closer to it than any one who mad pre-
seded him. He believed that Congress now had
he power sought to be conferred by this amend
nent, under the clause ofthe Constitution which
leclares that Congress shall have the power to
provide for the general welfare.
Mr. Rogers-Will the gentleman inform me
where he finds that clause,
Mr. Price-Certainly, sir; it bss been part
u the joys Of my life to impart information to
he ignorant daughter IL is in the eighth
section Of the first article (reading it,
Mr Rogers-pOes not the gentleman read trOm
he text Of the Constitution
Mr. Price-See the difference between a CON-
non sense man and constitutional lawyer
Roars Of laughter.)
Mr. Rogers Having referred to the COnsti-
uton) lit is here; you are right. supposed
t was only in the preamble. (Laughter)
Mr. Price-Ihsse gentlemen have talked about
he Constitution of our fathers-the Constitu-
lon as it is-and when yOI bring them down to
he real old Bible, the Constitution Of our faith
rs, about which they prate so much they are
Is ignorant Of it as they were before they were
)orn. (Laugh;er.)
Mr. Chandler (dem. N.Y. I understand the
gentleman to base his argument on the eighth
ectiOn of the Constitution.
Mr. PRICE, based no argument on il at all
based my argument on the resolution before
ne House. and then l referred to what was al
eady in the Constitution.
Mr Chandler-I ask the gentleman
Mr Price declined to yield.
Dir Chandler (while the Speaker was calling
lin to order and knocking loudly with his gAv-
~ tried TO make himself heard, saying that the
Gentleman (Mr PRICE, entirely misconstrued the
ecton, which was mere power to lay dIrec:
axes and raise arms.
The Speaker directed Mr. Chandler to take bis
eat
Mr. Chandler-I will; but the gentleman is
mistaken
The Speaker-It is defiance to the House and
4 the Chair for gentleman to continue speak
ng when called to order by the Chair.
Mr. Chandler = beg the Chairs pardon.
Mr. PRICE, had not the least idea the
world Of raising such hubbub il the House,
'ut am perfectly willing to impart information
o as many Of the Democrats as possible; but it
; a harder job than like to undertake az this
ate hour Of the day. (Lau.hter.)