The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-04-05

why IL may be asked may Congress repeal In tho
same manner all State laws discriminating between the
two races on the subjects OF suffrage and Officer
II Congress can declare by law who shall
hold lands, who shall testify who shall havo
capacity 10 mako contract In State, then
Congress can also by law declare who without
regard 10 race or color shall have the right 10 sit
Juror Judge, 10 hold any office and finally
In every State and Terri ory OF tho United States Per-
haps the answer, Mr. President, could give this
would b. the answer Of Andrew johnson himself lie
undertook 70 Recognize state governments the dis
loya States When he did So TO whom did he extend
the right Of surrages To the blackss No sir hut no
extended he right OF suffrage u those authorized
under the Laws or the States before the REBEL When
urged allow the loval blacks to vote, what his
answerY That he had power, that Il was
Unconstitutional But he had power TO protect
them in thar oi'i rishts, and he did protect
them ia their civil rights Then, II be tras that pro.
tcclion in civil rights with Il tho ght OF sur
frage what becomes Of the position he assumed wins be
exondcd civil rights TO tue negro all through the SOUTH
as shall presently show, by orders issued by hts
thorlty ami vet refused TO give them the right OF
suffrage the ground that he had no constitutional
power 10 do itthat II light vested In the States
with which he could nterfere2 But sir the gart Of
civil hts does not aud never did la this conn'y carry
with Il political rights or moro popeFy speak ng, p1t
who q the right TO vote without the right 10 hold
office. The right to vote and hold Office in the
states depends upon the legislatures OF tho varios
federal government depends uron tho constitution
OF nc United States The President must DO n material
born citizen, Senator, Representative, mist / ave
been a eizen OF the United S,aes for certain amber
OF Yeas Lelors he b. elected either member OF this
citizea does not qualify person for holding Office
De,essaly does cessariy authorize him 10 vote
exercise tho elective franchise by virtue OF their
citizenship Foreigners, as stated by the President
tins sage, before they are naunized protc ted
IN the rights enumerated In this b'iithe night To
tract the right 70 sue and most tho rights have
enuinerat d. Tey do NOT, they possess these
righs-the right make a con rat and TO hold land
which is tho casa In most II not all tue States al present
Isay they do NOT therefore vote Tho rights ed
in the bill do not carry with them the light to vote.
But, sir what rights do citizens Of this United States
haveY They have some. To bo a citizen OF the United
States carries Nth II nghtA What they
Why SIR, they those inherent and fundamental
rights whch belong to every citizen aud freeman Ia all
countries; such rs The ghts enumerated In tn bill
and they belong 10 citizens In all the states oil the Union
The night OF American citizenship means something IL
the "A foreigner That when he IL
naurazed he 20 be left to the mercy OF state legsa
tors H. has a right when dgy nnuralized TO 20 into
any State of tho United states and submitting ITS
laws reside there and the United staics would protect
him IN that right IL would protect citizen OF the
United States not only In of tbs States OF tho Unon
but II will protect him in foreign lands In tho
language If Mr.. Marcy, when Secretary Of State c
foreign country s entitled tho protec-
ton that extenied by tina, government TO its osn c
zens. In the great essential rights viii IA | have
enumerated the rights which beoug 10 citizens and are
known natural rights dunea by Bla kstone his
dcnnition OF cv liberty TO DO other than natural
liberty, 20 far restrained by human law, but no further
than IL necessary ana expadient for tho general
advantage OF the pablo In this definition
OF evil liberty II ought 10 be understood,
or rather expressed that the restraints introduc a
by the law be equal TO all. much NJ
the nature " tine law Will admit Equality OF rights
Is the basis Of the Commonwealth rs said BY Kent
himself la speafing OF IN sc rights he says that the
Of The rights OF ind yiuals may he raid 20 be in
cuded in the right OF personal security tho rgnt Of
~. These rights have mostly been considered and ire
quentlv declared BY the people u this country 10 be
natural, inherent and inalenabic. What are they
sir The night Of pcrsonal security, personal
liberty, and the right acquire aud enjoy prop
cry. And thse declared TO he inaii,pablo
rights belonging 70 every citizen OF tho United states
tffQr hora he bo he ed
STATES Ke1t IN the second volume o his Commentaries
that the privileges aud immuutes granted by the
constitution Of the United States 20 the citizens of The
several hAtss, 10 be confined u those which
In their nature fundamental ami belonged 81 ght 20
protection Of life aud liberty and the right acquire
and enjoy prvper'y. There IL reported In tho
10th 81 Johnson, VII ch gosa macn further than this,
which dec des Bot simply that ciz Of the United
States such Ia cr,ted protecon In these rights but
that allen enerny perm Tied to reside To thr ecnn,y
during time of war, N he IL allowed reside here, 10
be pro,e ted In all Theses nights In giving the opinion
Of the that the Court Gays lawful rcsdcnee
implies protection and ihe capacity and be sued
would like 10 Inquire u tts negro " lawfully In tins
country n not, where does he beongf Blythe Law OF
nations alien who goes 10 reside IN foreign country
Ia entitled long he conducts himself decenty, 10
reside there under tho public protection In
ths opinion the armed hancellor says this ~ tn
public Law 10 Europe; "a IN international law and any
person ra<ding the United States entitled the
protection o. that Law by the federal government,
because tho federal government has Jnrsaicon
Of such questions And sur u u we're not American
citizenship would be wvrfh nothing What h u W rh n
II docs not protect the citizen In some riehts How u,
fir that every person born theas United States
alc game the govcrnmcn, 81 Tho United s,aie-s
Everything he has-hs prlpory, his mc-may be taken
by the government % the Tinted States 10 m defence or
70 MAINTAIN the honor Of the Dation. And can Z be,
air that ancestors Epgged through long war 20
set up this government, and that te people Of lay
have struggled through anlihcr ~ maintain n;
that, after eli the sacrifices Ne have made,
Ne have got govlrbment which - All
powerful 20 command ohcd enos Of The eitizcs bat has
no power 70 aford him IGotscUnf u that all that tbs
buased American citizonshfp amounts tor Go tel q
sr the father whose starved TO death nj An
dofsonvills n the widow whose hufband slam al
Mission Rlrc fha little boy who leads his blind
father through the streets OF your city who lost his
eyes The Gulf coast 90 tell them that thie govern
meat 10 dsfence o. which The and husband ell aud
the father lost bis eyes IL government whch has
right TO call those persons W 50 defence, bat has 10
pOacr ptotoct rs friends In any sht Whatever SIR,
u cannot be, such not the meaning q ouf oonsiiin-
ton Such " not tho meaning VI Amen an cukrnsfnr.
This government which would 50 70 war 20 froteet i,s
citizen inhsbtant soy fOreln land, WHOSE
rights unJustly eucruarhed upon, has oerta my
some powr 10 proicct Us qNn citizens ~ their own
country pA fr0m the consideration 81 tbs nrst So
ton ~ the b 10 the second which objected 10 by The
Prcsdeai afford Nc discriminating protection 90 the
scs II any u ~ ses thssc discnIninalions.-
SIC And - q further enacted ,h.t any psrson -ho
Sss, esS n s =, . .s.ss 20 . az 'i s
,Aas u aHy seis ~ i.rt 70 No aepris.toa % AlJ
..hmsut palm. - psn.iues account . .lr. Ps-,on
wS.ra The Isiy .as lave ben al, s@sss o. ' y
i .sssse ~ s I e. s. .s 5. ss s X ~ a
knd conviction. shah ~ punished ~ fns
exceeding th0usaIf collars not
oeedng one.year 10th, IA the discrtoh - the
Nov, human ingenuity pont out wherein tbs,
frction dsrTimlnttes m favor u coiorcd p~rDnE IL
says that person shall subject coorcd per-on ~ q
drersn, pun fansrt than that inflicted white pr
pyn for the orsUce Does that discnmnais hi-
fsyOr Why sir, the very object " tho section 20
prevent discrim bston The erec, ~ ~ 20 prevent
Il, a. vel a ~ object, ard language does .s.n to
me- could not more plainly erpreas that effect II may
b- said that ~ for the b-nont Of the black -
be T. IN VINE instsDces diacriminated against By
siais lass; bat that u the with al remedial
statutes They arc for the relif 81 perons
who nd relief, nOt Tor the relief Of tboes
who have risht slresdyi and vhen tb0-s
needing relief obtain they stand upon thr preci-s
ing hose sho do not need ~ There are, however,
other and serious objections made u IA
sald thai punisbss BY hIe ard mpr,sonmeut egias-
tors Who pas Soeh cOnfictnz avs Les us 80 that
IA the iaag u the pr0per construction 20 NE pruya
ions sin read again tho IRA line n declares that
any pcrsDu Who under color n any Law shall sohgeci %
cause b, suhIoeed any inbsbsnt ~ any State Ter
rtofy 10 the depry1'lou of sry rsht secgr~f % pro