The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-03-10
YORK, SATURDAY, MARCH 10, 1866

II his blrthreh and could not be taken from him;
neither con Id Congress declare by enactment hat there
houd be no discrimination In civil rights among eth
zens. What were civil rightsl Did ihey not include
and embrace every right that pertained TO citizenship
|. had been understood among pnbliciss ever since
the days Of Aristotle who Interpreted IL as sgnfyng
person who was partner in the government OF the
country Under tho constitution OF The United states
every citizen IN respect partner IN me govern
ment The term 'pohiical rights, was ohya hm'taion
OF the term ciyil rights and sgnncd, by general 40
cep,ation that branch Of civil rights most directly
exercised in connection with the government ~ EN-,
braced within the ''civ rights" what was proposed
by the first division OF the first section OF the oil, SIMPLY
TO strike down. by Congressional enactment every state
constitution in the land and every State statute that
made a discrimination account OF race or color
There scarcely State OF the Union thai did
not, by Its constitution or by It's State law, make
discrimination account Of race or color
between citizens OF the United states IN regard
70 civil rights; and this bill would subject
the Governor of the State of Ohio 10 fine and impson
ment II he did not dlsobey the constitution OF that
State which declared that no one should be elected TO
Office land therefore one should be commissioned TO
onicel IN that state save white citizcns OF tne uneu
States He reminded the House that this bill stood IN
strange contradiction OF tho solemn action OF Con
that Just and righteous bill known MS The freedmens
Bureau BILL which upon the ground that that power
could be exercised within usurreconary districts and
which point blank condemnation OF the tempt 10
assert tins great power States duly organized
and sustaining their constitutional relations With
the government OF the United States. In time
OF war, whether civil or foreign war the pubic
safety lin the language Of Mr. Adams) becomes the
nj chest law and state tribunals and institutions
by the board for the time being But when peace
restored when the courts OF justice thrown open
when its whterobed ministers held the golden scales in
their hands justice be administered under the
constitution, according to the constitution and within
the limitations Of the constitution. The care OF the
life liberty and property OF the citizen was in the State
and not in the federal government He qaotod De
Tocquevilles romark that "the secret OF Americas
strength was her centralized government and decen
trazed administration The constitution or the
United States never conferred Congress the
power to protect ,,s life Sy the terror Of che The
gress bad never attempted to do H. But this bill
proposed to reform the whole criminal code OF every
State government What had Congress 10 do cor
That the question. This BIN will make II penal
offence for State Judges " obey the constitution and laws
Of their States He denied the power OF Congress TO do
this
Further remarks were cut or by the termination Of
Mr. Bngham's half hour.
Mr. wnsoS OF Iowa closed the argument In advocacy
Of the bill He ad:-I had hoped Mr. Speaker, TO be
able to answer this occasion Of the positions
taken yesterday by the gentleman from Ohio tNr
Delano) but his remarks not contained ia the Gio5e
this morning, and lest should msinierpret him shall
forego the which intended TO make 10 his most
remarkable state nights speech This bill has met with
opposition In both houses the same ground that In
time gone b., before this land was drcnched in blood,
rrfed " those who controlled the deslinies OF
abe by those In the North Who adhered
n 81 -..es for the purpose Of riveng the ehaas
OF slavery and converting this republic into great save
nation. The arguments urged against this bill in
both houses bat countcrprts Of the arsumens used
In opposition to tho authority which the government
sought TO exercise In controlling the spread and prevent
ing the pcrpetuation OF slavery But have not time
go this general grguni and shall therefore, eonnne
gentleman from ohio tMr Binghsml ! do not intend
TO be driven aured from the position
which ! took at the opening Of this discussion
IN Justification OF this b by any OF the glittcrDR
erates that have been thrown into the discussion.
affirmed on that occasion, and rcafirm IL here to-day
that citizens OF the United States SUCH entitled TO
certain rights and stand here 10 affirm that being emit
tied 10 those rights Il s the duty Of The government 70
protec, them in rights Tho citizen l. entitled
liberty and the right OF property The gcnilonan from
Ohio thr BlDgbam tells rs that for tue protection 81
those rights The citizen must depend ou lie honesty c
NJ kfafsa hat Tho
mcnt cannot interfere IN strong right arm "
protect the czen In lie IN liberty ana the possession
OF property The honest purpose OF the state should be
exerted ia opposition u those righs Ia other words,
II States in that honesty OF purross manifested by them
in times gone by. should deprive che citizen, without
due of Law, Of ne liberty propsr'y the
eral government. which could draw tho citizen by the
strong bond Of allegiance from hs hiesde 70 te BATHS
field hat power 10 intervene 10 set ASIDE thai state
law and give the citizens protection la the courts OF the
United States but that at the mercy Of the ae1 lie all
the rights OF citizens OF the United states that little
Delaware has hand stronger than The Lulted states;
that revOlted South Carolina may Put under lock
and key all the great fundamental rights belong
ing 10 the citizens, and that must be dunn,
and our Legislative power cannot be exercised, and
our co rs must be closed to tha appea Of tho citizen
That ID the doctrine which this H0ufo representing
great FREQ people just emerged run terrible war Tor
10 day, W. al berae judgment he fMr. wilson,
found In the bail o. nights which tho gentleman fMr
Binghanl desired to have enforced provision that no
without due process Of Law lie understood that these
things constituted the civil rights belonging 10 the cu
sary Tor the PROJECTION aud maintenance = The
rights thus specifically named aud not beyond
them They not without light 10 tho duty
OF the general government 10 r,ieForo 90 the protection
Of those right. IN The u PuEy against The Com
monwealth Of Pcnnsylvauia, where !he decson was
made in behalf Cs slavery, no To- "a to doctrine laid
down which was poricCtly applicable {, this sup
pose a State should intervene and deprive citizen,
without due process Of law Of bis right 20 life, liberty
and property had been the case ~ multitude
OF instances IN the past-whencc should tho RENE
dy conner Prom the same source thai was inter
fer Ef the M hnt AZ
them From the government Of the United States
whose duty u was TO protect ihe ozen IN the enjoy
ment OF those nchts Referring % the amendment of.
fered by Mr. Bnghan Mr. Wilson declared thai he would
complete yndication % tho power o. Congress
u Jss this bn reported than The offering " thai
amendment He would take that amendment aud the
gentleman argument IN support o. and apply them
s.rs r. ss h. ~ rl. v bss,
this that instead u protecting thn cteans by or
mns process against those who would insr!eFe With he
zen 70 a eivlI rull Tor damageE e. repadlsisd
that doctrine and aEs-rted % b. tbs
duty Of the government d the Uated states
70 provide the protection of tie ouzon and
10 pay the cost attendant Dpou n He expected,
through SOME OF The vo.s tacn 90 this fasure 10 have
the endorsement q most IL not All grnbcr OF tho
House for the general principles Involved IN the b
Their demccmne Friends q cour.e would yctc %, we
spoke yesterday CMr beianop Tssy would 40
mondl voting IN favor of lnsirucliort whioh
would compel M judiciary Committee 10 rrsort
back bill Involving the INTRICATE principle - the second
section Of tho h to which he DIRECTED YESTERDAY 20
that every 10 favor q those Instructions would be-
avote IN favor Of the prncpes involved Ia the b AID,
although Il might insult IN tie defeat % whal hr o.
gariod important legislation. he SHOULD AZ itaft
have The consoiaton q knowing tbai This .neiiTut
House had come ~ the conclusion which ne Jadlcsfy
Cormtee had arrived at that al Of tbusu rgnis b.
lOngei 10 tn ciizan, aud that he should be
protected Ia them, che only dlsereaos be.nz,
he insisted that the protection should he
extended at the q the government While tne geo
tleman tMr. BinghAui's ansp1rnent NOgd c0mpe Tho
citizen 10 scek his remedy A. his coat A. =, tho
remainder u The Dill which tho gsnilf nsn from ohio
proposed ~ strike out there demprauc Vrircieht
Tor n in the PROV sous OF the Fugitive slave aw He
not prepared n vote TO-DAY which vOati deafe
that all the power exercised 81 tals,s0vtnmeht in ior
days ~ bchsfof slavery ~holld bot roe De eter-
cisedn behalf ~ Liberty the freedom of the citen and
bis ample protection IA an the flDdRnl nta t belong
n him