The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1866-03-28

CONGREGATION, poor Wnlto m6u, AoWeVet 10
vout. might find suit for damages for hav-
iag his bid ignored mot worth the trouble and
eost-for unless he sucoesded he could do
nothing. But Q negro, though an infdsl,
could enforce his right rs the highest bidder,
in spite OF the cope regation, the courts, the
people, and the whole state itself. If this is
50, It Is simply abominabls.
Again: o. no els, what landlord would /
venture upon enforcing the customs of his l
hotel against negroesf He may turn
white man, however wrongfully, from his
table, with NO other responsibility than . |
civil action for damages. But even at that, |
if the landlord can show that the ejectment
was such as the custom of hotels warrants, |
he 10 sxonsrated. But if the wrong be done !
to negro. however bestal or ignoble, the ex |
cuse that il was done under color of custom |
would aggravate the offsnse and the great |
est military power on earth could be invoked
| for the punishment of publican who pre-
| sumed to offer q negro no more honor than a
| white man.
Again, all negroes. Chinese, etc,-natlve
bonneville they would share equally every
thing afforded by the constitutions, laws, reg
ulations, and even customs of state, would
be practically exonerated from responsible
| ~ 20 them. Substantially they would be
governed only by the Federal law, while en-
loving both codes. White people, on the
other hand, would enjoy only the state law,
but be governed by both. If white men con-
tended, between them, the one code of the
state would prevail. If q white and a negro
or Monaghan, contract, each party is yirtu-
ally bargaining under different code, or. at
best, the agreement is complicated by dou
BILE relation to the laws. And the white man
would obviously have the disadvantage of q
double liability. Such would operate as
practical hindrance of trade, which no soci-
ety in the world could endure without rapid
deterioration in industry and opulence.
g. The proposed statute, as whole, is
grossly unconstitutional.
By some 1t is pretended that the provision
in the constitution, TART Nv, sec 2, the cit
liens of each state shall be entitled to all the
privileges and immunities of citizens in the
several states" is a sufficient foundation for
this statute. Any other clause in the consti-
tuition could be assigned as well. The sense
of this provision has so often and so eonclu-
siyely been settled that reference to author
tiles would leave no room for Argument
When q citizen inhabiting one state visits an
other state he is not to be subjected to impo-
sitions and restraints OF person and property
that are invldious 1t is simply the natural
and reasonable comfy of states, ordained in-
to law by the constitution. 1t is never in
; derogation of state authority in favor of fed
eral power, but 1t is only against unfairness
of one state towards another. If it is viola
ted in one state il is SO by way of injury to
other states, but not the United States II
has not the least OF anything to do with de-
ter inning who are citizens of states the
, United States. (l9 Howard, L. S. Supreme
Court Reports, page, 49,
By others it is said 10 be founded on the
: recent provision consisting of the second
9 clause Of the amendment abolishing slavery
II is said that this Is appropriate legisla
D ton" whereby to enforce the abolition Of sla
very. But what was the slavery which Was
!. to be- abolishedY Was it wrong, oppression
or injustice generally? If so, every state il
Q the world is slave state, and every law al
most on the statute book is law egains
slavery-or was il such injustice toward ne
groes by Shareholders only? Then every
Q state that discriminases against negroes 4
y slave state. and every man who wrongs
l. neigh who happens to be negro Ia
= STAKEHOLDER. But this will not be pretended
!, Slavery" therefore, must be legal slavery
L l. g., a condition having no existence but b,
: force of law, aud which. therefore, must hav
. been Immediately extingusshsd by the abro
!, Cation of all law recognizing it. Legislation
Ii forhidding all laws re-estabEshing the 1ega
condition of property in man would be ap
s proprIste as soon there seemed any pros
L pect of such laws.
} Union from regulating the relations of the free
: men who inhsbit--not only legal relations, bu
IL thoae social and domestic relations of usage an
i custom into which law never comes, and tn
= sacredness of which is express object of a.
f. law among mankind-could not be predicated O
v this part of the constitution.
"a There are adherents of the bill who declar
that it may be justified by the clause of the cor
o. stitution which gives congress power TO estat
. fish uniform rule of naturslization." They VI
70 derstand this TO imply competency in congress
, to ordain uniform citizenship, and consequent
all legislation necessary and proper to enfore
% the uniformity But Judicial authority has mad
~ the hardly needed determination that this claus
3 has no existence for any subject matter but fo
IN eign-born people.
y 4. But there is class of objections even moi
IL serious, because more in consonance with th
re- revolutionary designs of the contriveFs of tt
l. bill. 1t authorizes the president TO appoiI
spies and informers absolutely without limit
IF number 4. e., ''officers' whom he may 'speciR
a. ly empower" He may put one on every stree
e. corner and at every mile post in the Union, wit
a cut transcending the letter of this law. Ii a.
y thorizes the federal courts to multiply their cor
~ nissioners without limit, and empo wers each OF
of these to appoint as many suitable persons
GU (detectives1 as they choose in every county,
- make arrests, and provides a compensation Fl
te both so liberal as to expose them to irresistih
or temptation to Cypress. Even these deepicab
10 hirelings have the power TO call the army
- their aid. One Of these could arrest the Cover
es OF of a sovereign state, and the county or tow
wr ship commissioner of the Uuit-d States cou
lv could put him in jail without violating the la
~ guage of this bill.
% Thus, not to dwell on one point, we have at
70 glance, throughout this wide land, scheme G.
ON most perfect ever contrived by wicked men f
u provoking that exertion of the military pow
OF which would lift it into gigantic and all-pe
Is vading despotsm, before which the liberties
G. pod do
,al But, say they, the power is in the presiden
cir and if the despotsm comes, it will be throui
IN him. This brings US to the most important prs
IN teal point of all. He could not execute such