The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-04-21


right to be witnesses; and the second
section, If it is not amended, as my
honorable colleague [Mr. Bingham.
proposes, will make IL a crime in 8
State court, in obedience to a State law
to refuse to give that right, and sub
jects the judges of State courts to pun
ishmentin the way pointed out in the
bill. if they, under the laws of the
States, refuse to let black men be wit
nesses. Now, sir, where is the authori-
lty in the fundamental law of this land
for this Congress to declare who shall
! be witnesses in State court? Isitin the
old Constitution? And if so. in what
clause? Or, is it in the amendment to
the Constitution abolishing slavery? l
desire to hear from the gentleman upon
that point. '1+ - - -+ ~
Mr.. Wilson, of Iowa. Isupposed the
gentleman did not want to be inter-
rupted.
Mr.. Delano. am making inquiries
for information. / want more light:
Mr.. Wilson, of Iowa. I place the
power of Congress to secure to these
citizens the right to testify in the courts
upon the same basis exactly that 1
place the power of Congress to provide
protection for the fundamental rights OF
the citizen commonly called civil
rights, SO that if the presence of a citi-
zen in the witness box ola court is me-
cessary to protect his personal liberty,
his PERSONAL Security, hisright to prop
erty, he shall not be deprived of that
protection by State law declaring that
his mouth shall be sealed and that he
shall not be witness in that court.
| That is one of the protective remedies
which must run with this great civil
rights belonging to every citizen.
The chairman of the Judiciary Com
mittee was too sharp to base authority
for Congress to legislate for Cooleys and
Chinese, upon clause Of the Consti-
tuition which provides for nothing but
the abolition of fslavery.
Now, sir, with reference to the broad
question of Constitutionality OF this
.bin, i refer you to the following extract
from Mr.. Bingham's speech before
quoted: .s.gt
"This brings me, sir, to the closing
remark which propose to make on
this subject, and that is this: That in
the language of the told man eloquent ,
| which have had occasion more than
/ once TO quote upon this floor, in the
hearing of some of those who now
honor me with their attention, in time
of war, whether it be civil or for
eign war, the public safety becomes the
highest law; and tribunals of States and
institutions of States, to use his own
terse words, 'go by the board for the
time being But tDhen peace is restored;
tvhen the courts Of, justice are opened;
Ighen her 4phite-ro6ed ministers take the
golden scales into their hands, justice IS
to be administered under the Constitution,
according to the Constitution. and t0ithin
| the limitation of the Constitution.
| SWhat is that Limitation, sir? Simply
this, that the care of the property, the
liberty, and the life of the citizen, under
| the solemn sanction of an oath imposed
by your Federal Constitution, is in the
ment. TargE Eaf
at hold, sir. that our Constitution
never conferred upon the Congress of
the United States the power-sacred as
life is, first as tits before all other rights
| which pertain to man on this side of the
graye-to protect it in time of pence by
the terrors of the penal code within or
EganiZed States; and Congress has new
| er attempted to do it. There never was
u law upon the United States statute
book to punish the murderer for taking
away in time of peace the life of the
nobiest and the most unoffending us
we'll, of your citizens, within the limits
of any State of the Union. The protec-
ton of the citizen in that respect was
| left to the respective States, and there
the power is to-day. What you cannot
do by direction you cannot do by indi-
rection.
this subject / desire to read the Ian
guage of one of those grand intellects
who during life illustrated the juris-
prudence of our country, and has left
lin mis- works perpetual monument OF
his genius, his learning, and his wis
dom. read from the text of Chancel-
uThe iud;cial mower of the United
States is necessarily limitedto national
objects. The vast field of the law of
| property, the very extensive head of
equity Jurisdiction, the principal rights
and duties which flow from our civil
and domestic relations fall within the
control, and we might almost say the
exclusive cognizance of the State gov
| ernment. We look essentially to the
State courts for protection to all these
| momentous interests. They touch, in
their operation, every chord of human
sympathy, and control our best desti-
i nies. It is their province to reward ana
1 to punish. Their blessings and their
terrors will accompany us to the fire.
| side, and be in constant activity before
the public eye.n-1 Kent, Lecture 10,
sec. 446. aH,i e freeiI.s
Also, the following from the speech
of NIr. Delano, before quoted:
s.And that brings me to the considera-
| tion' Of another clause in this bill. tAll
citizens shall have an equal right to in
herit.' Suppose a State Legislature de-
clares that in the case of a person dying
lintestate the heirs Shall inherit, exclud:
/ ing those who are of African or mixed
I7blood That would be illustrated in
the case of n man who married first a
white woman, by whom he had white
| children, and then married u black
woman, by whom he had children of
mixed blood. The State legislation is
such as to exclude the children of
mixed blood from the Inheritance.
"Now, sir, should this bill be passed
that law of the Slate might beIover-
Thrown by the power of Congress. In
my opinion, If we adopt the principle
| of this bill we declare in effect that
tCongress has authority to go into the
States and manage and legislate with
regard 10 all the personal rights of the
| citizen-rights of life, liberty, and prop
erty. You render this Government no
| Longer Government of limited pow
| ers; you concentrate and consolidate
here an extent of authority which Will
swallow up all or nearly all of the
4 rights of the States with respect to the
| property, the liberties, and the lives OF
Its citizens.
NThis thought is illustrated by Mr..
Madison and for the purpose ofdirect-
| ing the attention of the chairman of the
| Judiciary Committee Mr.. Wilsonl to 1t,
1 will read the language of Mr.. Madi-
son from No. 45 of the Federalist:
ssThe powers reserved to the Federal States
I will extend to all the objects which, IN the
\ ordinary course of affairs, concern the lives,
| liberties, and properties of the people, ana
\ the internal order improvement, and pros
1 perity OF the state" "
aAny one who has studied the Con-
stituuon of the United States knows
/ that it was designed to establish a Gov
j arnmant with limited powers. powers