Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1866-11-03
REPORT

Resolution Of Congress as Articl
NV, tohe Constitution ofthe Uai
TED States.
I Mr., Smith of Harris made tn
following report from Committee OF
Federal Relations:
COMMITTEES Room, !
October l3, 1866
Hon. Y, ", BHford, Speaker of III
House Of Representatives,
SIN: The Committee on Fedora
Relations, to which was referred tn,
communication of the Hon, VIM, II
Seward, Secretary. Of State for Tho
United States to his EXccllcncy tho
Governor of the State of Texas
dated June 1G, 1866, covering n res
olution of Congress proposing tC
the Legislatures Of the severa
States fourteenth article to the
Constitution of the United States
have the honor to report as follows
The Amendment to the Constitu'
tion proposed by this Joint RcSolu'
tion rs Article XIV is presented to
the Legislature Of Texas for its ac'
tion thereon, under Article v, OF
that Constitution. This Article v,
providing the mode of making
amendments to that instrument
contemplatcs the participation by
all the States through their repre-
sentatives in Congress, in proposing
amendments. As representatives
from nearly one-third of the States
were excluded from the Congress
proposing the amendments, the con-
slitutional requirement was not
complied with; it was violated in
letter and in spirit; and the propos-
ing of these amendments to States
which were excluded from all par
ticipation in their initiation in Con
gress, is a nullity,
Your Committe might rest the
whole matter here, but they will
not propose the rejection Of the
amendments on the denial Of the
right to participate in originating
them, bnt will consider the sub
stance Of the amendments submitted.
The first section proposes to de-
privc the States Of the right which
they have possessed since the revo-
luton of 1776 to determine what
shall constitute citizenship of q
State, and to transfer that right to
the Federal Government. Its OBJ
ject is, provided the section shall
become a part Of the Constitution,
under the color of a generality, to
declare negroes to be citizens Of the
United States, and therefore, citi-
zens of the several States, and as
such entitled to all "the privileges
and immunities" of white citizens; !;
in these privileges would be en-
bracod the exercise of suffrage at
the polls, participation in jury duty
in all cases, bearing arms in the
and other matters which
need not be here enumerated. 1t is
unnecessary to appeal to the fact
that in most Of the original free
States, negroes have been by law,
and in all of them by immemorial
usage, excluded from these 'privi-
leges and immunities, now sought
to be forced on the Southern States,
to show that the amendment pro-
posed in this section contempates
and intends violation not only of
Justice, but of the common instincts
of our nature. In the opinion Of
your Committee it is not desirable,
it is not fitting, it is not demanded
by the smallest show Of right, that
the broad, comprehensive principles
which have pervaded the Constltu-
tion Of the United States since its
adoption moro than threefourths of
a century since, should be abandon
ed, sacrificed and become q. bur-
lesquc to crafty the vanity, the
the fanaticism of rivals and
imitators of Anacharis Klootz.
There is scarcely any limit TO the
power sought to be transferred by
this section from the States to the
United States. Congress might
declare almost any right or fran
chise whatever, to be the privilege
or immunity of a citizen of the
United States and it would immedi
ately attach to every citizen of ev
cry State whether white man or
of Africa. To estimate
the comprehensive scope of the
power herein sought foI Congress
that body might declare miscegena-
ton privilege or immunity
The second section is in some de-
gree the counterpart and compile
ment of the first, in its. object to
force negro suffrage on the South
ern States. AS a punishment for
refusing suffrage to the negro, it
proposes to deprive these States of
their rightful share in the Electoral
Colleges and in the Representation
in Congress. To appreciate the
full scope of this second section, it
must be considered in connection
with the third Section which is a
sweeping disfranchisement of the
white inhabitants of the Southern
States. The two sections together
appear in the light of nefarious
conspiracy to transfer, so far as
crafty and iniquitous legislation can
effect the object, the government,
the civilization of these States from
the white race TO negroes. Your
Committee will not characterize as
it deserves the pretence that this
section has been dictated by a spir-
it of justice towards negroes; for a
majority of the States proposing
these amendments TO the Constitu-
ton have from the foundation of
the government to the present time,
in their State Constitutions denied
to the free negroes among them the
I. t.o.o1 fror,chfea upr sought To