The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1866-03-16
VOL. 13.
SPEECH OF HON. J. r. WILSON ON
THE CIVIL RIGHTS BILL

'
are not contained in the Globe this morning
and as l do not wish to misrepresent any o.
his positions, | shall forego the answer | had
intended 70 make to his most remarkable
State rights speech.
This bill, sir, has met with opposition ir
both houses on the same ground that in times
gone by, before this land was dreuched in
blood by the shareholders rebellion. was urged
by those who controlled the destines Of the
southern portion of the country, and those
who adhered to their fortunes in the North
for the purpose of riveting the chain of slave
ry and converting this Republic into great
slave nation. The arguments which have
been urged aglnst this bill in both houses are
but counterparts of the arguments used in op
position to the authority the Government
sought to exercise in controlling and prevent.
ing the spread of slavery. But | have not
time in the few minutes allotted to me to &c
over the general ground, and | shall con6ne
myselfto the points which have been made
by the gentleman from Ohio, Mr. Bingham
who addressed the House this morning.
Now. Sir, | do not intend to be driven or
lured from the position I took at the opening
OF this discussion in justification of this bill
by any of the . gittering generalties = which
have been drawn into the discussion ! af-
firmed on that occasion, and / reaffirm here
to day. that citizens of the United States, as
such, are entitled to certain rights and |
stand here to-day to affirm that being entitled
to those rights 1t is The duty of the Govern
ment to protect citizens in the perfect eniov-
ment OF them. The citizen is entitled to iii .
liberty, and the right to property The gen
tleman from Ohio tells Us in the protection of
these rights the citizen must depend upon the
3" honest purpose -of the several States, " and
thatthe General Government cannot interpose
ITS strong right arm to defend the citizen in
the enjoyment Of life liberty, and in possess
ION of property. In other words, if the
States OF this Union, in their " honest pur-
pose, like the honesty OF purpose manifested
by the Southern States in times past should
deprive the citizen, without due process Of
law, Of life, liberty, and property, the Gener
al Government, which can draw the citizen
by the strong bond Of allegiance to the battle
field, has no power to intervene aud set aside
a State law, and give the citizen protection
under the laws Of Congress in the courts of
the United States that at the mercy Of the
States lie all the nights OF the citizens Of the
nlted States that while it was deemed nee
essary 10 constitute great Government TO
reader secure the rights of the people. the
trainers of the Government turned over to
the States the power to deprive the citizen of
those things for the security of which the
Government was framed. In other words,
the little State of Delaware has a hand strong
tr than the Uuted States that revolted
South Carolina may put under lock and kew
the great fundamental rights belonging TO the
citizen, and we must be dumb that our leg
islative power cannot be exercised that our
courts must be closed to the apreal ofour cit
Izens. That is the doctrine this House Of
Representatives. representing a great free
people. just emerged from a terrible war for
the maintenance Of American liberty, is asked
to adopt.
The gentleman from Ohio tells the House
that civil rights involve all the rights that cit
izens have under the Government: that in the
term are embraced those rights which belong
10 the citizen Of the United States as snch,
and those which belong to citizen Of State
as such; and that this bill is not intended
merely 70 enforce equality of rights so tar as
they relate TO citizens of the United States.
but lnvades the States TO enforce equality OF
rights in respect 10 those things which prop
erly and rightfully depend on State regula-
tons and laws. My friend is too sound
lawyer, is too we'll versed in the Constitution
OF his country, TO ipdorse that proposition on
calm and deliberate consideration. He knows,
as every man knows. that this bill refers to
those rights which belong TO men as citizens
of the United States and none other: and
when he talks OF setting aside the school laws
and jury laws and franchise laws ofthe States
by the bill now under consideration, he steps
beyond what he must know to be the rule of
which must apply here. and as
the result of which this i'll can only relate to
matters within the control of Congress.
Ho hot t-o
way for the protection Of rights. Can we not?
What are the great civil rights to which the
first section of the bill refers? | find in the
bill OF rights which the gentleman desires to
have enforced by an amendment to the Con
stltution that mo person shall be deprived of
HE, liberty, or property without due process
OF law. understand thai these constitute
the civil rights belonging to the citizeas In
connection with those which are necessary for
the protection and maintenance and perfect
enjoyment of the rights thus specifically
named, and these are the rights to which this
bill relates. having nothing to do with sub
lecis Submitted to the control Of the several
States.
Aud now, sir, we are not without light as
to the power of Congress in relation to the
protection of these rights In the cnse of
Pngg IS. The Commonwealth of ofPennsyIvania
and this II will be remembered was uttered
IN behalf of slavery-l find this doctrine, and
1t Is perfectly applicable to this case. The
court said:
The fundamental principle applicable to
all cases OF this sort would seem to be that
where the end isrequired the means are given;
and where the the duty is enjoined the ability
to perform 1t Is contemplated to exist on the
part OF the functionaries TO whom II is intrust-
q oil = G., 4
sututon and not in that of any State. Ii does
not point out any State functionaries or anv
) ate action to carry It's provisions into effect
| he States cannot, therefore. be compelled
to enforce them and il might we'll be deemed
an unconstitutional exercise of the power of
to insist that the States are
bound to provide means to carry into effect
the duties OF the national Government no
where delegated or intrusted to them by the
constitution. On the contrary, the natural.
Il not the necessary, conclusion is, that the
national Government, in the absence of all
positive provisions to the contrary, as bound
through It's own proper department, legisla-
ave, judicial, or executive, as the case NAV
require, to carry into effect all the rights and
lulies imposed upon it by the Constitution,
The remarks of Mr. Madison, in the Federal
st, No 49,. would seem in such cases to
apply with peculiar force "A right saws he.
implies remedy; and where else would the
-emedy be deposited than where il is deposi
ed byi the Constitution meaning. as the
context shows. in the Government of the
United States.
Now, sir, in relation to the great funda-
mental rights embraced in the bill of rights.
he citizen being possessed of them is entitled
o remedy. That is the doctrine of the law
IS !, laid down by the courts. There can be no
alspnte about this. The possession of the
r'ghts by the citizen raises by implication the
power IN Congress to provide appropriate