The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-03-20

so shall detain the House but short
time. Some legislation by Congress
may become necessary under the Sec
ond section of the amendment Co the
Constitution abolishing slavery; but in
my opinion the right of congressional
interference attaches only by virtue of
local obstruction to the great amend
ment. But in my opinion this bill goes
far beyond anything contemplated or
justified by this amendment.
Tho first section provides
That all persons born in the United States
and not subject to any foreign Power, eXclud-
log Indians not taxed, are hereby declared to
be citizens of the United States, without dis
tinction of color. &c.
1t is very difficult to ascertain exactly
the meaning and scope of this provis-
ion. Honorable gentlemen, the friends
of the bill, are not agreed upon this
point. propose to take what con-
ceive to be a practical view of the mat
ter. The provision means either some
thing or nothing. Should the bill be-
come law, rights will attach by. vir-
the of this provision or else they will
not. Can Congress confer citizenship
upon persons who are excluded by the
Constitution? The courts have uni
formly decided that negroes are not
citizens under the Constitution. Iknow
that gentlemen profess no respect for
these decisions; appeal to the tribunal
of party politics, and tell us the people
have reversed them. most respectful
ly submit, however, that while legiti-
mate appeal lies from Congress to the
people upon questions of governmental
policy, no such appeal lies from the Su-
preme Court upon questions of law. If
we are dissatisfied with one decision of
the court, and the matter is beyond the
reach of ordinary legislation, our only
legitimate remedy is to go back into
Il Al Il .
What may be or is the effect of uni
Versal emancipation is question of
constitutional law to be decided by the
courts. Believing, as 1 do, that the
Constitution conters upon Congress
no power to confer citizenship except
upon naturulized foreigners, 1 believe
such rights conferred by this act to be
in violation of the Constitution, which
is 'tthe supreme law of the land" But
1 am told the act confers no right, but
is only declaratory of rights which have
already attached. How attached, and
by what instrumentality? By consti-
tutional provision abolishing slavery?
Without expressing an opinion as to
whether citizenship attaches by virtue
of this amendment or not, L am very
decided in the opinion thatits interpre.
tation is matter for the Judiciary and
not for the legislative department OF
the Government. Congress may de-
clare what Interpretation shall be put
upon their own acts but not upon the
Constitution of the United States, 9TH
erwise the eleventh amendment to the
Constitution need never have been
adopted. And if this provision is only
declaratory of rights which have al
ready attached, L ask gentlemen to de-
fine "the situation," provided the judi
ciary department of the Government
should interpret the Constitution differ
This fhan 10 in OninINn
simply n question of constitutional
law, which cannot be effected by any
declarutory act of Congress. know
such declarations may frighten the
timid, but bold men will bring them
to judicial test. Blackened wood in
imitation OF guns around u camp may
rrighten towards, but brave men Will
test their calibre. 1 object, then, to
Congress protesting to do what be-
lieve they cannot do.
This section provides further "that
there shall be no discrimination in civil
rights or immunities among the inhaD-
itants of any State or Territory of the
United States on account of race, color,
or previous condition of slavery
Though by the wording of this clause
it might not refer to Determinations by
the State or other local law, yet it is
very evident from its connections. and
from the entire bill, that its reference
lS SUCH GNO OhSf
presume, doubts the power of Congress
to place all the Inhabitants ofthe United
States upon an equal footing as to all
matters within the legitimate scope of
congressional legislation, and conse-
quently Congress may provide that
there shall be no discrimination on ac-
count of face, color, or previous condi
ton of slavery in civil rights or immu-
mites which may be constitutiUnally
defined or regulated by Congress; or in
other words, that all may stand upon
an equal footing in the Federal courts.
But as the right to define and regulate
the :'civil rights and immunities" of
the inhabitants in the several States is
moi among "the powers delegated to
the United Stntes by the Constitution,
nor prohibited by it to the States, IL is
by the tenth amendment PRESERVED to
the States respectively or to the people"
Ny conviction, then, is that Congress
has no right under the Constitution to
interfere with the internal policy of the
several States so as to define and regu-
late the 'civil rights or immunities
among the inhabitantsn therein. If
am correct in this opinion, this clause
is without constitutional warrant, and
the balance ofthe section, being based
upon it, necessarily falls with it.
1 object to the entire second section
of the bill as departure from the prin-
ciples and practice of the Government.
Much might be said upon this section,
but propose to dismiss it with the sim
pie rennrk that it has been long deter
mined that United States laws must be
executed by United States officers,
coupled with the opinion that where
there is conflict between the State and
the United StaLes laws, the legitimate
remedy is civil and not penali or in
other words, that the Legitimate remedy
is by appeal to the United States courts
instead of by penalty upon the State
officer executing the State laws ana
further, that the provisions OF this Dill,
being without constitutional warrant,
no such conflict can legitimately arise,
and no such appeal can legitimately lie
under it.
/ consider this as one of series of
measures which have been introduced
into this Congress, which, il adopted,
would change not only the entire pol
icy, but the very form of our Govern
ment, by complete Capitalization OF
and as most dangerous to the liber-
ties of the people and the reserved
rights of the States. And l cannot
dismiss this subject without expressing
my Astonishment and concern that the
representatives of the people, with so
short a tenure of power, should pc en-
gagged in this work. Were this Con-
gress composed of an hereditary aris-
tocracy such action would be but ma
tural. Let us consider that the liberty
of the people is the liberty of ourselves
and our posterity, and that its preser-
yation demands the exercise of "eter-
nal vigilancen by the people, not only
with regard to invasions from without,
but also with regard to usurpations
within the Government.
This disposes of my objections to the
fundamental principles OF the Dill.