The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1866-05-02

70 take cnafee OF INC private rlghts of any
portion of the people Of state. All such
matters are reserved to the states and the
people thereof.
The tenth amendment to the constitution
provides that "the powers not delegated to
the United States by the constitution, nor
prohibited by 1t. to the states, are reserved
to the states respectively, or to the people"
but oe!eve the power to pass the laws in
question 10 claimed under the second clause
OF the recent amendment to the constitution
aboiishing slavery. II 10 easy TO demonstrate
bat the power cannot be drawn from that
source. The second clause Of that amend
ment gives congress no power which it did
not possess without it. 1t only authorizes
congress to pass such laws as may be neces-
sary to execute the frat clause, and that pow
er was just as ample without the second
clause as with it. That power already exist
81, as fully asst now does under the last clause
OF the eighth section of the first article of the
constitution and concede to congress the
right to pass all laws which be necessary and
proper for carrying into execution the amend
ment abolishing slavery. But does this con-
cession carry with it an authority to pass
these bills? Clearly not This is readily
shown by lDquiring what class of persons
was embraced in and acted upon by the
amendment. They were such persons as
were held In bondage at the date of its adop-
ton, and such only.
These constituted Only a part of the color
ed people of the United States-the largest
part it is true-but still only part. There
were, in addition, all who were free at the be-
ginning of the war. and all who had been
made free during the progress of the war
from its beginning down to the adoption of the
amendment. Those who were free when the
and - L.
before the amendment of the constitution,
constitute very large class, mono of whom
we're embraced in, acted upon, or in any
manner affected by the amendment; vet
they are all embraced in the bills, and legis-
latedsior, by authority claimed to he derived
from a constitutional provision which has no
reference TO them, or influence or operation
uponthem.
If the power of legislation can be derived from
the constitutional amendment at all, such legis-
laton must clearly be limited to the class of per
sons embraced in the amendment, and cannot be
extended to others, quite outside of it's provi-
sions, and not at all affected by it.
Again, what was the amendment? What did
it profess to do I? What did it actually dos
| 1t found large number of colored persons of
| African descent held in bondage slaves, and il
emancipated them from that bondage and gave
| them personal freedom. This was all 1T did
| u
| Now, the full extent of the legislative power oil
| congress, under this amendment, ia to pass such
laws may be necessary, if any, to secure to the
! persons emancipated by the amendment their
! personal liberty.
The only right conferred by the amendment is
the right of personal liberty; but the civil right:
| bill goes much further, and under claim OIL
| authority derived faom amendment, which i:
| restricted TO personal liberty, confers other
| rights, beyond the scope of the amendment, not
necessary incidents Of personal liberty, and no
necessary to its enjoyment. White persons un
der the age of twenty-one years, and married
| women, are free white citizens, in the enjoyment
| of personal liberty, but not in possession of al
| the rights conferred upon colored people by thu
| bill. The rights thus conferred, are not neces
sary to the enjoyment OF the right given By tht
constitutional amendment and congress coul(
not, therefore, derive from the amendment an,
power to pass the bill.
But further, neither Of these bills were neces
sary to the colored people III the enjoyment o
the right of personal liberty, which was tn
only right they were invested with by the amend
ment.
Their means of protecting that, were ample
and efficient without further legislation. Whei
a right is conferred, all the incidents necessar
to iGs enjoyment are conferred with it; and COZ
ored persons have the same remedies for an in
yasion of their personal liberty that white pei
| sons have If white man be restrained of hi
! personal liberty, he resorts To the courts TO
. redress. The colored man do the sam
thing 1t is a right which believe has Away
existed. / know of no instance in which a col
0red man claiming to be free, has been denie
the privilege of asserting his freedom il tn
| courts OF the state where he resided.
Such suits have, by no means, been unfrequen
, in the slave states.
But if the state courts should be closed TO III
colorcd people, the federal courts open t
them They entitled to their personal free
dom by a constitutional provision: and the cor
stitution gives the federal courts jurisdiction Q
all cases arising under it, the laws of til
United States, and il case should arise il
state court, involving the personal liberty of
colored person, and the decision should be aC
J verse to him, he could under the Judiciary act
1889, have the Judgment reviewed by the 81
preme court Of the United States. There j:
therefore, no necessity for further legislation b
, ! congress, to secure to tine COiored people tn
: personal liberty to which the constitutions
, amendment entitled them; for that is alread
, amply secured, and that is the only subject o
= which congress can legislate by virtue of tbs
: amendment.
But we ought not to assume that the state
will attempt to deprive the cOlored people {
? any of their legal rights. They have not y,
I done so. Give them time to act, and see whi
: that actien wilrbe. We will then be better pr
i pared to determine what it is proper for US
: do
t One great industrial aad social system cannt
be disrupted and overthrow, and another sui
stituted for it in a day. Time and patience nj
necessary to accomplished the work. The sou,
is the congenial climate of the colored people,
> They need employment, and the planters nee
D labor. Their interests are interviewer. The
e will both soon understand this, and be brougi
e together upon terms that are fair and just
the African race are harshly dealt with in OF
e place, they have the right and power of remov
y to another The states that treat them mo
4 Justly and generously will be the most abundsr
y Iy supplied with labor; and they will soon con
. to understand this. Self-interest, if nothing els
: vii! secure fair and just treatment If the &c
eral government viii take its bands off, and
: the thing alone, it will soon adjust itself up'
- a better, add more satisfactory basis for all pr
u ties, than it can ever be forced to by federal
l, terferance.
10 AS to the right of suffrage, that is matt
Of with which congress cannot intermeddle. 1t is
< matter peculiarly of state cognizaDce, and
7, state regulation.
ID If Ohio and Kentucky choose to confer Il
right upon all the negroes within their border
"a it is no concern of mine. have no right to Q
IN iect, to question the wisdom of their action.
h But congress has no right to force it upon a
- of the states and to do so would be a stride
| F,Ftb opr it