Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-05-14

d Congress, I'm all of the States Of this Union,
in the enumerated rights and immunities
defined in the sections already quoted, and
to prohibit the States from making any dis
elimination in any of the particulars named
| between the races. Sir, this measure in
vades the local legislation of the States and
controls it. 1t lays PROSTATE at the feet of
Federal power the right Of each State TO
regulate and control its own domestic con-
cern..
But not satisfied with subverting the leg
islative powers Of the States. It. strikes
down the independence of the judiciary of
the States, and subjects Che judges OF their
courts to the arrest OF some petty mercena-
ry agent of the organized baud OF detec-
tves which this act creates; thus Overrid-
ing and completely subveFting the free eX-
erciSe of the local powers OF all the States,
by placing their officers Under the control
and surveillance of the Federal authorities.
Sir, if there is anything mhieh tue people
| of this Union will never abandon, without
a struggle worthy of all the great defend
ers of free government, it is the great right
revered and cherished by a free people, of
each State to regulate and control its own
| domestic affairs, unChallengcd and uncOn-
| trolled by any other power or authority
whatever, except the Constitution of the
| United States. ..
Where, allow me to inquire, do you get
the power to declare that 'all persons born
| in the United States, and not subject 0 any
foreign power, excluding Indians not tax
ed are citizens of the United States?" No
such power is conferred by the COnstitu-
| tiOn. Congress, it is true. has the authority
ito establish uniform rule of naturalizt-
| tiOn," but the effect Standardization is only
toremove the disabilities eXistingOn account
of alienage. But this power does not au-
thOriZe Congress to confer citizenship on
person born within the United States.
Mr.. Justice Curtis. In his dissenting Opin-
ion in the Dred Scott case (l9 Howard RI,
has very ably examined and considered this
question: and he says:
at appears. then, that the only power expressly
ship is confined to the removal Of disabilities Of for
eign BIRTH"
And
whether there be ANYTHING in the Constitution
from ich a broader power may be implied will
best be when we come to examine the we other
a.ternativ which are whether all free persons born
on the soil Of the several Stae Or only such Of them
Ms may be citizens Of each S'ats respectively, are
thereby cit zens Of the United Stat S. The last Of
| these alternatives. in my judgment, contains the
! truth"
But, sir. the whole scope and purposes Of
the provisions of the sections to which |
have referred, are at war with the rights of
| the States.
Many examples could be presented, to
| illustrate how completely they subvCrt the
| powers of the States to regulate their own
| internal affairs.
suppose the Legislature of State should
provide that no person should be witness
in a criminal case who was under twelve
| years OF age, except where the witness
offered was negro, in which case he
| should be of the aye of fourteen years.
Here would be a clear discrimination on
account of color, and however much tdr
policy of such law might be questi ned
| or discussed, vet it seems tO me that no one
can seriously question the right of the
States to adopt such legislation. But, sir,
not oily the members of the Legislature
who should vote for the passage of such a
| law. but the Judges who under their con-
victiOns OF duty and oath of office, should
administer it, would be liable to arrest,
trial, and conviction in the courts of the
! United States, and exposed to suffer irn-
prisOnment for one year, and to pay fine
of$l,000. An exceedingly "civil" act. in-
deed. A State may in its discretion believe
! it necessary for the best interests of its peo-
| pie, in relation to certain crimes committed
| bv colOr,d man, to impose upon him a
|
upon a white citizen; but here al.O this law
steps in and rudely thrusts aside the laws
of the State, and subjects both those who
| enacted, as well as those who enforce the
State law, to the penalties already Gescrib-
ed. .......
Other examples of the interference Of
this law with the local legislation of the
| States, could be cited TO show how it in
vades the reserved rights of the States, and
centralizes power in the Federal Govern
ment, but it is unnecessary, as they will
readily suggest themselves TO the mind OF
every man who will consider this question,
! And the cases arising under this act are to
be tried in the courts OF the United States.
| Thus the State courts are to be deprived OF
! hearing and determining controversies.
growing out of that vast field of questions
embraced in the class Of rights described in
this act. between the inhabitants of the
same State or, it may be, of the same
county. And to enforce these eXtraOrdin-
ary provisions the President is required to
have always at hand a reserved military
| force. .
The ninth section provides:
"That whenever the President Of tho United
States shall have to believe that ofenses have
been. or are likely 10 be tied ainSt the pro-
vi ions OF this act within any judicial district. 1t
shall be lawful for him, in hls discretion, TO direct
the Judge, marshal, and district attorney of such
district to attend at such place within the district
and Tor Sucl Time rs he may designate, for the pur
pose of the more pesy arrest and trial Of persons
| char. ed ith violation of this aot"
SO we are to have atraveling court, going
around from one ncighbOrhood to another,
| to look after such persons as are likely to
commit OtlenSeS against the provisions OF
this wonderful act and rs ii to stimulate
| the SwarmS of deputies who are authorized
| by this law to be created TO make arrests
| they are TO be paid by the United States the
sum of five dollars tor each arrest they NAV
make, with such other fees as may be deem
ed reasonable by the Commissione. for ad-
ditOnal services.
Aud for whom are all these strange and
extraordinary powers to be eXerted? Not
for the white men and women of this cOun-
try. No, s,r; the rights of the States are to
be thus Invaded, the legislative aud judicial
departments OF the States are to be stricken
down at the feet of Federal power, because
the people of the States may not, in the civil
| rights and immunities enumerated in this
act be willing to place the negro race on a
perfect equality with themselves. bel r
Well may the President say, as he has
said in that most able and uUanswerable
| document containing his objections to this
| measure, that
q" In all our history, in all cur experience as peo-
pie living under Ee1erai and state law, such sy
tenn that cont mplat I'd by the dea OF this oil
has ever before heen p opposed or adop'ed They es-
ablish for the colored rsce safeguards which in
| fnitely beyond any that the Gsue'al government
has ever provided 70 The white ra,e. In fact, the
dscrln nation OF race and color i by the bill una 10
to operate in favor Of the coIored and against the
| white race. ..sf7 ....H.H j. .H .r.... .s....
nd af mn hot