New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-05-24

the opinion Of the Judiciary in that very imporwnt
question bv reference TO case which wasdecided many
wears ago in one Of the Circuit Courts OF INC oteu
States by Judge Washington. VIII trouble tue seha,e
little while by reading what that learned and excellent
Judge saws Of these privileges and immunes OF the
citizens Of the several States from the fourth WashEoh
Circuit Court reports, page $50 e,.., on
Mr. Howard having read from the work piered 10 heh
contnued Such, then is the character OF the puNee
and immunties spoken Of in the Constitution IN the
second section Of the fourth article believe 10 'hose
privileges and immunities may DC adued tho pr
sonal right guaranteed by the first eight amend.
ments of the United States-such rs freedom OF
speech and Of the press the night OF he people eaceaD
10 assemble and petition Government for redress OF
grievances right pertaining to each and all OF the peo
pie; the night 10 keep and bear arms the night 70 De
exempt fom the quarteng OF soldiers N hose ".tGs
the consent of the owner to be exempt IRON unreasohDe
searches seizures &c. Here is mass OF privileges ana
mmunties and rights Of them secured by the second
section of the fourth article OF the Constitution when
have reced some OF them secured by the amendments
TO the Constitution TO which have referred And IL is
fact worthy the attention OF gentlemen that the course OF
the decisions of courts aud the present doctrine Is a
all these privileges, and all these immunites ana al
these rights, thus guaranteed by the CONSTITUTION, arc
secured to citizens OF the United states soiey 's
citizens of the United States; and as parties N
their courts they do not operate IN the sghttst degree
as a restraint or prohibition upon the states mem,
Il has been held repeatedly that these restrictions con
sncd in the Constitution declaring that private property
shall not be taken for public use without Just eompeh
ton is not restriction upon the State Legislature at all,
and refers expressly To the legislation Of Congress NOW
there is no power in the Constitution to enforce any ~
these guarantees which have mentioned There is 10
mower granted by tho Constitution TO Congress and rs
sucb do not come within tho sweeping clause in the Con-
stituon authorizing Congress to pass GIL laws necessary
and proper for carrying out the foregoing powers ana
they extend simply declarations of rights as bill OF
rights in the Constitution, without power on the part OF
Congress carry them out and give them effect while AT
the same time the States arc not rCsuanod rom
violating the principles in their guarantees except
by their own local laws, which may be altered rom
year to year, and almost from day to Day Inc
great object of the first section OF this amendment
is TO restrain the power of the States and TO compel them
at all times to respect these great fundamental guarantees
which have enumerated. How will It be done underline
present amendment As have already remarked, they
powers granted to Congress, and Therefore 1t
necessary, If they to be efeetual and TO be
enforced, that additional powers should be given
TO Congress TO it that they are enforced Now
that done by the amendment proposed IL IL done
by the nth section, which declares that Con
gress shall have power 70 enforce by appropriate
LEGISLATION tho provisions Of the article. There is a
direct and affirmative delegation Of power 10 Congress TO
carry out and enforce these provisions and all these guar
antics which have mentioned-a power which does rot
exist IN the Constitution Of the United States. The hrst
section Of this amendment, while comforting the nights
have enumerated does not confer any night to vote Inc
right of suffrage is not in law Of the privileges ana
mmunities thus secured by the Constitution IL has al
ways been regarded in this country the result OF posi-
tive local law. II has not been regarded as one 81
those fundamental rights lying at the foundation OF
our society and wi out which people cannot exist
without being slaves subjected 20 dsspotsn.
Mr. Howard then passed to the second section IN re-
card To the basis Of representation. II he could have MS
own way he said II bis preference could be carried out De
should be IN favor OF securing suffrage To the cood race
10 some c1tnt least II The could not obtain universal
suffrage in the popular OF that expression he shond
be IN favor OF qualified suffrage for the negro race uu
vas not gu siion here what will We do upon The subject
IL not question which be Mr. HowaTd or nail aoIeh
other Senators might prefer IN respect 10 coloeu suse
II was not entirely question what measure could De
passed by the two House The question was, what would
The Legislatures Of the States do IN the premises
what was likely TO meet the APPRECIATION Of the various
sta Icgisaturcs This being the question he favored
the proposition in regard TO representation as key to lead
A.. ~
ird O. ton relating 10 the Acknowledgement OF the late
Rebels, Mr. Howard said he wasopposed TO this clause ~
pv< believe il adopted, it would DO any good. IL
stste prevent Rebels nom voting for their
c Ls'ass.s nd STAFF ce kssl's Ss
80 that the object - preventing Rebels from voting
for President would not be obtained Rather than this,
he preferred clause prohibiting all persons who had
tcipated in the Rebellion fom holding Federal State
Offices Mr.. Howard then explained the fourth and nth
sections Of the proposed amendment
At the conclusion Of Mr.. Howards speech, NJ WADE
offered the following substitute for the pending prop
osi'ion.
law which sbrdge the privileges or immuniteS OF c
gems United States shall any state deprive any per-
Of life liberty property without due process OF a" nor
deny person within is Jurisdiction the equal protection
src . No Ipersons to the right Of whom to sqf
fragc any shall be made shall be included IN tie
basis of representation unless sHeh discrimination De N 'ue
Of aenage for participation in the Reb'on OF
other crimes. ~, CO.. ,,,, n
3 The public DEBT OF INC tnlteu Sthtts ui
debts which have been or may hereafter ne IN
cured rebellion In carrying wal in defense
for payment Of oonntes or pensions nedet
10 such war and provided by law shall be nvoa but debts
Obligations which have been hereafter be incurred
claims for CON OF involuntary sevile labor
shall be assured paid by State nor by the United
States.
SIC The Congress shall have power to confirm by ap
propriate legislation the provisions OF thls article -
Mr.. WILSON moved 10 strike out tho words OF prop
erty in the second section.
Mr. WADE accepted the amendment, and his amend
ment as amended was ordered to be printed
Mr. WILSON offered the following ~ SUBSTITUTE Tor the
second clause Of the House resolutions
Representatives shall be poportoncd among the several
State the elective shall be denied to any Of ITS
inhabitants being made citizens Of the United States above ne
age for except instruction or rebellion
against the United States the basis OF representation IN each
State shall be reduced the proportion which the number
male c excluded shall bear TO the whole number OF
male citizens over the age OF 81
This was ordered to be printed
Mr. WILSON submitted the following substitute for tho
third section Of the House resolution which was ordered
Thai any person who resigned or abandoned may resign
or abandon any place under the United Cover nmen
and may take part In rebellion against the Gov
Mr. CLARK offered the following substitute for the third
section Of the House resolution which was ordered 70 Dc
printed: g.
hold Office under the Government OF the
the Constitution thereof shall have Voluntarily aided in
insuecon rebellion against the United States or given
Mr.. HOWARD suggested the striking ont Of the word
voluntarily" in the above, which was agreed 10.
Mr. CLARK proposed the following q substitute FOR
the fourth section Of the House resolution:
Debts incurred in aid OF rebellion against the United
States illegal and void and cannot be enforced 10
Court and shall not be paid by the United States any State
shall compensation DO made for the loss or emancpa
tion Of any slaves
The Senate at o'clock went into Executive session,
and soon after adjourned.
HOUSE OF REPRESENTATIVES.
SAN FRANCISCO LITTER CARRIERS.
Mr. McRUER Call from the Post-OHce Committee,
reported Joint resolution authorizing the Postmaster
General to pay additional salary to leercarrers III san