Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1866-04-19
Tho President ia his annual message,

Equal rsa o ssefy man lie, liberty, aad the pur-
suit Of happiness. % f-.tf yT.t..u uf q. faffri
There is case reported in 10, johnson
which goes much further than this, aud
which decides, not simply that citizen of
the United States, a. such, il entitled TO
protection in these rights, but that an alien
enemy, who is permitted to reside in this
country during time Of war, isto be pro-
tected in all these rights In giving the
opinion ofthe court in the case Of Clarke Us.
Morey, reported in 10 johnson, a, the
court says: A
"A lawful residence irnpHs- protection. and eapao,
ty to sue and he sued. Acontfary doctrine would be
repugant TO sound policy, no less than 10 justice and
humanity.
ground than that Of municipal provision, for II
has been frequently held that The law OF nations is part
who comes to resid. in for"gn country Is entitled 30
long as he conhucts himself peaceady 70 continue
reside there, under the public protection" P"
should like to inquire if the negro is
lawfully in this country; and if not, where
does he belong2 -.
In the same opinion the judge who gave
the opinion of the court says that this is
the public law OF Europe. Its internation-
al law; and every person residing in the
United States is entitled TO the protection
of that law by the Federal Government,
because the Federal Government has juris-
dictien OF such questions. American citi-
Ecnship would bo of little worth il it did not
carry protection with it. . Y| i
How is it that every person born in these
United States owes allegiance to the Gov
ernmeut2 Everything that he is or has, his
property and bis lite, may be taken by tho
Government of the United States in its
defense or to maintain the honor of the
nation; and can it be that our ancestors
struggled through long war and set up
this Government, and that the people of
our day have struggled through another
war, with all its sacrifices and all its des-
olatien, to maintain it, and at last that We
have got Government which is all-power
ful to command the obedience OF the citizen,
but has No power to afford protection? Is
that all that this boasted American citizen
ship amounts to2 Go tell it, sir. TO tho
father whose son was starved at Anderson.
vile, or the widow whose husband was slain
at Mission Ridge or the little hey vino leads
his sightless father through the streets Of
your city. made blind by the winds and the
sand of the southern coast, or the thousand
other mangled heroes to be seen on every
side, that this Government, in defense OF
which the son and the husband fell, the
father lost his eye. and the others were
crippled, had the right TO call these persons
to its defense, but has no right to protect
the survivors or their friends in any right
whatever in ady ofthe States. Sir, it can
not be. Such is not the meaning of our Con
stitutien Such is not the meaning of Ameri-
can citizenship. This Government, which
would go to war to protect its meanest--l
will not say citizen-inhabitant If yoa please,
in any foreign land whose rights we're unjust
ly encroached. upon, has certainly some
power to protect Its own citizens in their
own country. Allegiance and protection
are reciprocal rights. no f..-- 'slr-..t t1'
| pass from the consideration of this FRS
section of the bill to that of the second
which is objected to by the President as af
fording discriminating protection to color
ed persons. - I-.i s.l saigo'.a' ri'-.-.7 %
will read the section: -yta,e'u a7
SEC g. And be ii further enacted, That any persol
who, under color Of any law statute ordinance, regua
ton. custom, shall subject 10 be subjected
any nhabtant OF any State or Territory to the deprya
lion of any right secured OF proie ,sd by this
different punishment, pains, or penalties on account o
such person having at any time been heidi cond,
ton OF slavery or lnvouniary seryiude except as
punishment Tor crime whereof the party shahave bee
duly convicted, or by reason of his color or race, thar
prescribed for the punishment OF white persons, sha
he iesmsd guilty of misdemea d. on conviction
shall be punished by 6ne not Exceeding 81 600 or i'm
prisonmen not exceeding one year, or both IN The dls
cretion OF the court -t ."
Can human ingenuity point out wherein
, that section discriminates in favor of color
f ed persons? 1t says, in effect that no on
. shall subject a colored person to differen
|, punishment than that inflicted on whit
= person for the same offense. Does that di.
r criminate in favor of the colored person 2
: Why, sir, the very object and effect of tn
/: section is to prevent discrimination, an
l. language, it seems to me, could not moi
: plainly express that object and effect.
Il may be said that it is for the benefit Of th
= black man because he is now in some il
l. stances Disseminated against by State law
n but that is the case with all remedial sta
h utes.' They are for the relief of the pc
sons who need the relief, not for the reli'
q Of those, who have the right already; an
"A when those needing the relief obtain i
they stand upon the precise footing Of thol
g. who do not need the benefit of the law
q There are, however, other serious obje
!, tions made to this section. 1t is said th'
l. sit provides for counteracting, such forbi
IF den legislation by imposing fine and 10
n. prisoument upon the legislators who ms
A. pass such conflicting laws" Let us see
/, that is the language or the proper constru
,e ton Of the section. I will read again 4
ht first lines Of IT, II declares u H'''
ta That any person who, under color oil any law, or
nance, regulation, custom shall subject or cause
10 be subjected, l&e, + - shall be psni'h'
m &c.f 3. I.. -. .....l .. q '. b..
Of Who is to be punishsd2 Is the Law to
be punished7 Are the men who make the |,
m to be punished2 Is that the language
e. the bill? Not at all Ii any person, -
,r- der color Of any law, shall subjeet anotb
70 to the deprivation of right to which be
n entitled, he is to be punished. Who2 i
De. person who, under the color OF the la
raj does the acr, not the mon who made
f. law. In some communities 10 the Sout|
custom prevails by which different puni
hu- ment is inflicted upon the blacks from Il
en-, meted out to whites for the same often
en. Does this section propose TO punish
'uld community where the custom ,prevails2,
nss is il to punish the person who, under cl
= ii of the custom, deprives the party of.
= right2 1t is manifest peryersion of
Ut, meaning of the section to assert anyth
'so else. Elar3 81 UTui tfs. su.uA9m tg.o
BUTT is said that under this provis
vsd '1s Judges of the courts and ministerial ofit
y.-.l who are engagedin the execution Of
eas ,. such statutes may be punished . aud ths
'''a, : y made an objection to this bill. L admit
nal ministerial officer or judge, if he
and corruptly or viciously in the execution
~ under color, of an illegal act, may be
y, / ouoht NJ, ha nuniShad hut R ha antad