Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1871-04-26


in April, 1866. This is the section;
That all persons born in the United states and
not subject to any foreign Power, excluding lndlans
not taxed, hereby deca ed to be citizens OF the
tinted SatesI and such cit5ehs, of every race am
color, without regard to any previous condition OIL
slavery or involuntary servitude, except as pun
BEEN duly convicted Shall have the same right, in
Slate and Territory in the United States 10
make and enforce contracts, to sue, be parties anu
give evidence, TO inherit, purchase lease sell hoiI
and convey real and personal property, ana 10 lull
by white citizens and shall be subject to like pun
isbment pains and penalties, and 10 none other,
any law statute ordinance. regulation, or CUSTOM
TO the contrary Notwithstanding
This section it should be remembered, was
enacted by the same Congress which recon-
mended the adoption of the fourteenth amend
ment, and is, therefore, the best possible
statement of what that amendment was in
tended to secure and no absolute rights are
given by this section except the right to
equality of privileges and immunities under
the laws and the equal protection OF the
laws. The expressions of the statute are ::
- the same right in every State and Terri,
tory" &c, and - the equal benefit OF all
laws, &C. Can language be palmer or less
susceptible of misapprehension
If further proof were needed that equality
of rights under the laws of the several states
in matters within the jurisdiction OF such
States is all that citizenship of the United
states was intended to secure, we might IND
it in the platforms of the Republican party
from the first moment of its political exist
ence, as well as in the debates when the
amendment was being considered by Con
gress. The negroes in this country had
always been denied equality of right with
white persons to life, liberty and property
by the laws in many States Of the Union.
10 Do, IarnapHoI +baf II
ty, and adopted the fourteenth amendment
to make it finally and forever secure, and
they deemed they had made it sure, when
they put into the organic law the declaration
that
All persons born naturalized in the United
States, and subject TO the jurisdiction thereof are
citizens Of the United states and OF the State where
III they reside"
By that declaration every person, white
and black, was clothed with the privileges
and immunties of citizens of the United
States but the character of that citizen
ship, it's privileges and immunities, were in
no respect changed, or enlarged, or limited /,
except, probably, by the provision Of the
same section that no State shall - deprive
any person which, of course, includes cit
/ liens of life, liberty. or property, with
out due process of law. - Before the four
teenth amendment was ratified no State could
rightlully " abridge the privileges or immu-
mites of citizens of the United States, OF
/ DENY to any citizen - within its jurisdiction
the equal protection of the laws - and in
that respect the amendment added nothing
/ to the rights belonging to citizenship; and
whatever may have been added to the char
acter of citizenship by the prohibition on the
States (beiore only prohibition on the Cen
cral Government) from depriving - any per
son of life, liberty, or property without due
process Of law Is not at all involved IN the
bill before the House.
In fact, do not regard the amendment as
/ having accomplished much, and there was no
need that ii should accomplish much. for
citizens of the United States. Its great
value consists in bringing within the ranks
of citizenship those whom the bred Scott
decision in the interests of slavery and OF
the grossest inequality and injustice, had
declared were not citizens of the United
States, and could not be made such except
by constitutional amendment. To these
persons IL gave the same rights and the same
protection which before 1t had given 70 citI-
zens, by declaring them to be citizens. Hav-
ing dec AIRED them to be free by The thirteenth
amendment bv the fourteenth amendment,
the people made provision that freedom
should carry with it the rights OF freedom
and that the States should, by no device OF
IdELldl anu utNiludl administration NA Atlt
laws, make that freedom valueless. These
are now the great and solemn guarantees OF
liberty and equal rights, the truths of the
grand Declaration OF Independence made tact'
IN our history, and made sure by our tunda-
mental law
But We should never forget that, with the
exception Oh such limitations a. have beer
I created by the new amendments, the State.
exist with the same exclusive powers. The
same sovereignty within their spheres, as be
tore They cannot make men slaves. They
cannot deny them citizenship or the cqUa
protection of the laws They canno. ahrIdgc
their right to vote on account of race, color
OF previous condition of scrvitudC. These
personal rights are forever placed beyond
the power OF " State rights TO assail, ana
/ forever placed within the power of the Gen
cral Government, by necessary and proper
legislation, to protect.
But the legislation must not only tC
e necessary" but =. proper - for the courts
have already decided-and they could not
have decided otherwise-that - appropriate
legislation y means - necessary and proper
legislation - and it cannot be proper
legislation unless it Is scrupulously within
the provisions of the Constitution. II tn,
fourteenth amendment were all there was
Of the Constitution, it might, perhaps, be
fairly claimed that Congress might order
any measure which the majority would vote
for TO enforce the provisions OF that article
Ii might, by legislation, declare that some
other person should be President than
General Grant; that criminals should be-
tried without jury; that freedom. o.
speech and the press should be abridged
that the Protestant religion should he the
religion OF the State. But the provision oil
the fourteenth amendment hich / am now
4.
nor in any way change the previous Consti-
tuition. 1t only authorizes Congress TO cx-
tend it's previous power of legislation. with
the limitations and restrictions under which
it before acted, SO far may be necessary
and yroper in order to secure to this new
class of citizens the same protection it coull
before give to those then rccugnizea as clti-
zens. That, in my Judgment. Is all there IL
of it, and ali that was contemplated il
adopting it.
What, IN this view of the amendment
and IN face OF the facts that have recently
been shown to ought 10 be done
Clearly this the President, who is charged
under the Constitution with the execution
of the laws, ought to and will see that the
laws we now have are enforced There Is
already on our statute books this law, passed
at the second session of the last Congress:
/ :. That If two or more persons shall band or con
splIe together or 20 m disguise upon the public
highway, or upon Ae premises of another, with IN
tent to violate any provision OF tins nure
Cypress, threaten or intmidatc any citizen with
tent to prevent hinder his free and en-
Joymen Of any right or privilege granted secured
/ To hun by the Constitution or Laws of the United
states or because ofhis having exercised the same
such c sons shall be held guilty OF iclunv and ON
conviction thereof shall be fined or imprisoned OF
both, at the discretion OF the court-the fine &c
I exceed $1,000 and the imprisonment not 10 exceed
ten years-and shall, moreover be thereafter Ire eli
gible to and disabled from holding any Office OF
place OF honor profit or trust created by the ConsI
tdtion or laws Of the United States.''
! l have thought, and still think, this stat
ute is broad enough to cover everything that
this bill now declares to be an offense that
under 1t every citizen of the United States
/ has oil the IL