The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-10-04


srainsi daugs.ra 10 which n WAS exposed w
fbia sudden emancipation, their inielyi
moral aud intellectual condition. aud Their
vf,at numbers Among the acts of the lattf
elnas 4. the set under which the pctiu0ner
bore was convicted and imprisoned which
" a. clearly Ia hrthcranco ~ the policy con
trrnplatsd by tho ordinance OF the Convcn'
ton aud was deemed necessary FOR tue pub
H. Aaloty opinion ~ winch hll JUST
minds. correctly informed ~ relation 10 tie
condition and circumstance Of tho STATE,
must rInruf
Again. il il insisted that the second section
Of the 18Th amendment gave 10 Congress
power 10 pass laws for tho protection and
security Of tho civil rights Of the freed ne.
lroes, NJ discretion; that, Ia the exercise Of
this power the bill entitled AN act 10 pro
ioot 40 persons IN the United States IN their
civil rights aBd furnish the means Of their
yindirntion," was passed by Congress in
April. 1866. aud that the act Of our Legsla-
tnrc. above mentioned, being in conflict
with that'nct OF Congress becomes inOpcra
tive.
Let ua exnmine these positions
IN the first place. what Is the extent Of the
power conferred on Congress by the second
section II this amendment
Tho first section s In these words; Geo
tion l. Neither slavery nor involuntary SER
yitudc, except as punishment for crime
whereof the party shall have been convicted,
shall exist within the United States or any
place subject Ia lts jurisdiction"
Tho whole and sole purpose Of this pro.
vision was, to ordain that sidrcrg shOuh mol
eriAf mifhH he IHiid Stdies II was a public
declaration Of JrccdOm 10 hc Stare complete
in itself, requiring nothing further 10 make
il eileotual 30 the end intended. II tx of the
mo- ..l net "a tait ~
works out its own object, like Legislative
act declaring "A minor Of competent age, or
diyOrcng husband aud wife, or investing
certain persons with particular specified
specified privileges, or declaring particular
contract rcseinded, or u certain deed void
aud the like. By iis mere operation, the right
Of freedom was established ~ an accomplished
(dct Aud this In all that was done or in.
tended 10 be done, by this first section
What, then, is the scope Of the power con.
ferrrd on Congress in the second section,
10 cgtorcc his ariioic' CHE first section) "by
appropriate legialdiiOn."
HE right conferred IN tie Grst section, that was
contemplated in this section Its entire
scope is 10 authorize Congress 10 pass laws
securing 10 the freed negro, the right Of free
dom granted
The language is plain and significant II
IT, 10 enforce" the right Of freedom conferred
This looks to resistance 10 its exercise, and
gives power 10 provide remedies To enforce"
It, IN case the enjoyment of the right of
freedom shall De ObstruCted or interlcrcd
with II imports that adequate remedcs
should be provided for putting The negro in
the enjoyment of his freedom ia case he shall
bo detained ~ q slave ~ was anticipated,
aud the like. Then II IL 10 he appropriate
10 the right of freedom, aud to that alone.
| II has no reference whatever to protecting
or indicating" other aud collateral rights,
not enumerated Ia the amendment, TO which
| the negro might he considered az entitled IN
| common with the citizens of the States for
no such rights are embraced In tho anteco-
dent section comforting the right authorized
by the second section, to he enforced With
no business or propricty Whatever could 10
bo said that legislation IN reference 10 such
collateral and independent rights, WINS ZAP
propraten to the right of freedom conferred
In the previous section. Ii this he not true,
any power whatever may he predicatod ol
this second section and Congress possesses
the power under IL to annul every State law
In relation to free negroes, except probably
those IN relation to the right of suffrage
to discriminate IN their favor against the
white man tn regulate the entire penal code
of u State aud 90 exempt negroes from pun.
islimout 10 which they. in common with
white men, are subject, under State laws,
and In short 10 pass any laws In relation to
, free negroes which the widest imagination
could suggest. ~ proper for protecting and
indicating their alleged rights.
In order 10 tho exercise of mn implied
power, the means employed must be "ncccs
Snry aud proper TO the end required. "Ihe
government Of the United States" say JUS
tico Story, "ean claim no powers which
are not granted Ia IL hy the Constitution
and the powers actually granted must b.
Wch as are expressly gircR, or given BY RoCessd-
~ implications" Martin vs. Hunter, | Wheat
l0i The implied power must be clearly
necessary and proper TO the carrying out
of the particular power expressly granted,
In order to ho appropriate" 10 that end,
the means must be r'suitable, iit or proper"
to the given end. Wchstcr's Die. They
must he appropriate 10 that particular end.
aud not 10 another; for otherwise, any pow.
or might he stretched by implication, and
the true rule of construction of the powers
of the Federal Government, ms established
by its most eminent oXpOunders, abused or
80 rs utterly Ia violate the object
of the grant, and to render the powers of
Congress unlimited.
Il appears to mo, therefore, clear that this
act of Congress is wholly foreign to the end
declared In the first section the ~ amend
mcut, aud cannot be- justified by the power
granted In the second section of the amend.
ment
The act undertakes to make negroes aud
many others. uitigeus Of the United States,
aud 10 confer on them "the same night in
every State in the United States, 10 make
aud enforce contracts, to sue Ice parties, aud
give evidence, 10 inherit, lease, sell, hold
aud convey real and personal property and
to full aud equal benefit of all laws and pro.
cccdings for the security Otperson aud prop.
erty Ms is enjoyed by white citizens, sc.
These rights and privileges as above
shown, are not embraced In the 18th Amend.
nent In all the previous history of the
Government, they have been considered rs
belonging 10 the several States aud as not
included Ia the powers delegated 20 the Fod. |
rral Government II the Federal Govern. |
ncnt may righttully exercise them, then In. |
decd are all things which concern the lives, |
liberty aud property ot the people of |
state aud Its internal order, improvement |
aud prosperity" made subject 10 the discrc- |
iinn OF Cougrrss aud the relations of hus- |
band aud wife. parent aud child. guardian |
aud wnul, master aud servant, indeed every
domestic relation, are placed under it, un. |
limited control. hut no such power was |
conferred on the Federal Government Mir |
Madison says, in the Fcdoralist, No a.;
The powers delegated by the Constitution |
10 the Federal Government, are few and de.
ined Those which are to remain in the
state governments. arr numerous and indeE /
mite. The former will Ice exercised princi-
'ally by external objects. a. war. peace. ne
.utiatiun and foreign commerce.; with which
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