Weekly Calaveras chronicle., 1866-04-07
RIGHTS OF CIrIZENs.

SPEECH OF THE HON. VIM. HIGBY, DE-
LIVERED IN THE HOUSE OF REPRE-
sENTATIvEs, FEB. 27, 1866.
The House resumed the consid-
Grafton of the following joint resolution
(H. R. No. 63) proposing an amend
ment to the Constitution of the United
States
Resolred by the Senate and House of Rep
resentatiUes Of the United States of Anserica
IN Congress assembled, 1.-TWO thirds of both
Houses concurring.) That the following arti-
cles be proposed to the Legislatures Of the
several States as an amendment to the Con-
stitution of the United States, which, when
ratified by three fourths of the said Legisla-
lures, shall be valid as part of said Consti-
tuition, namely:
ARTIcLE.-The Congress shall have power
to make all laws which shall be necessary and
proper to secure to the citizens of each State
all privileges and immunities of citizens in
the several States, and to all persons in the
several States equal protection in the rights
of life, liberty, and property.
Mr.. HIGBY. Mr.. Speaker, 1 differ
from great many members of this
House, and I presume that I shall diff
fer from great many in authority as to
the question of amending the Constitu-
tion of the United States. I do not
believe in making any amendments that
are going by very slow degrees to
proper conclusion neither do I believe
in making such amendments as will oc-
casion division in the public mind, as
to whether any improvement has been
made or not. But an amendment that
will give strength to the Government of
the United States, an increased strength
over what it may have now under the
present Constitution, will meet with my
hearty concurrence.
I understand this joint resolution,
should it become part of the Constitu-
tion of the United States, will only have
the effect to give vitality and life to por-
tions of the Constitution that probably
were intended from the beginning to
have life and vitality, but which have
received such construction that they
have been entirelyiignored and have be-
come as dead matter in that instrument
When we read this proposed amend
ment we will think it already embraced
in the Constitution, but SO scattered
through different portions of it that it
has no life or energy. But by condens-
ing it, as we find it in this resolution,
should it become portion of the Con-
stitution, it will then become operative
and beneficial.
Mr.. Speaker, the article proposed, the
adoption of which by two thirds of this
House and of the other branch of Con-
gress would be only preliminary step
to its becoming a part of the Constitu-
tion, is in these words:
The Congress shall have power to make all
laws which shall be necessary and proper to
secure to the citizens of each State all priv
ileges and immunities of citizens in the sew
eral States and to all persons in the several
States equal protection in the rights of life,
liberty, and property.
Well, sir, find in the beginning &
the eighth section of the first article tH
words, "Congress shall have power
and in the latter portion of the san
section are the words, to make q
laws which are necessary and proper;
"To secure to" are new words embract
in this amendment. "The citizens
each State" and call privileges ar
Iimmunities of citizens in the sever
States," are words which are found j
the Cons stitution in another place.
The fifth article of the amendmen
of our present Constitution provid,
that
No person shall be deprived of life, libert
or property without due process of law.
The language of this proposed ameni
ment is very little different. 1t pr
vides that Congress shall secure
To all persons in the several States equl
protection in the rights of life, liberty, an
property.
Thus, sir, we find by an examinati{
of the Constitution that it was intendg
to provide in these separate porto
precisely what will be provided by ii
article, should it become a portion of tl
Constitution.
Why, sir, what force or value is thes-
in article four, section one, of the Con.
stitution, in these words:
"The citizens of each State shall be en-
titled to all privileges and immunities of citi-
zens in the several States.
If that provision had been enforced
|, heretofore, how different would have
!. been the condition of the various States
: of this Union. Had that provision
: been enforced, citizeA of New York
!: would have been treated as a citizen
!. in the State of South Carolina; a citi.
!. zen of Massachusetts, sould have been
a regarded as citizen in the State of
! Mississippi or Louisina. The man