Wyandot County Republican. [volume] (Upper Sandusky, Ohio) 1869-1903, 1871-05-11
Extract from the speech of
| OF Virginia, on the bill for the
enforcement of the fourteenth
amendment. Delivered in Con-
greSS on the 9th of April, 81 4.

vi virginia, on t!tc Dill IOr tnS
enforcement of the 1o,irteenth
amendment. Delivered IN Con-
gress on the 9th of April, Is! 4.
Mr.. Speaker is there any one who helieves
that were this thing eveTsed, and these outrag-
es, which are being committed upon the lriehuS
as the Administration in the Soutfern states,
were being committed by Repabll:ans upon
Democrats in Democratic States-WIth Demo
cratic majority in both branches oil congress,
a Democratic President, aud an army ahd nav!
in their hands-that Democratic Congress
would fail to find constitutional warrant Tor eN-
tending protection to their friends although the !
state authorities. through weakness, trcachcry
or cowartlice. shculdlIil to call Tor assistance
from the General Governments The whole his
tory of that party forbids such n supposftio.i;
and i'm their days of power they gave US a pre- I
cedent which is - nirlenL ju>tihc;itAOA TO ln0iof
the votes 1 shall give on this bill anu such /
amendments as may be offered. Is there any !
gentleman on the Democratic siac ofthis Hosse I
who Is willing to admit that The luSitiSe7siaVe |
law of 1859 was uncuEstttutional: uo not be- /
heve there is and as one iEepuhlIcun member |
rom the south am willing TO take thdt Law
and changing it, wording somew that. so to !
make the rights and privileges to be protected l
those of loyal nlen and free American IlliLens.
instead of those OF sIayeowners-i lind in it all I
the protection which, rs loyal citizens of the /,
south. we demand from the Government, which !
owes Us the fullest protection its laws can ex-
tend.
The con>titutionality of such law could moi
be questioned for it was affirmed in 1880 by the
entire Democratic party, and by the united anC
solid vote of that party on this hoor, forced
through this House uaGer the operation OF the
previous question, no OBJ ortunltY Tor debate Of
amendment being permitted by the then Demo-
cratic majority. Its consiitutiOnality was main
tanned and defended by the party that enacted
in a. Ion- as they continued in DOW er and alIirn-
ed again aud again by the United states courts.
then presided overly Democratic Judges de-
sire to call the attention oil the House To the re-
mprk able prov sions oI this col stituto onal Deu-
ocratic laW-this act, emit ell An act TO
amend, - sc, commonly known aS "the fugitive
slave law !" which pIssed IN t9ls House IN sep
rember, 1880, having previously. passed in the
senate. Its first section provides Tor the ap-
pointmert of commissioners BY the circuit
courts to execute the powers and duties pre-
scribed by tho act. Section three provites that
the number Ofthesc, commissioners ShouIdbe "
tended at the discretion OF necessary in carrying
out the provisions OF the act. session four con-
fers such remarkable and extrtdordlnary pow
full. III i'Oi- '''''- ~-''- '''''|'7 '-,'''
And be it further enacted. That the commits
Sioners above named shall have concurrent
juI isuictIon with The judges ef the circuit aud
district courts OF the United states in their re,
>pcctive ciltuits a. Il dstr CT, within the several
: ates and The Judges oIthc superior courts Ol
The territories seVerItly ana coilectlNelN. IN
tenn TIME and Vacation, aud shall %Fdnt ccrtih-
Gates TO such claimants upon satisfactory proof
being maze. with authority TO take and remove
such iugitiVeS from service or labor 10 the State
or re ritory from which such peisoE may have
escaped or hed.''
who may have any number If deputies and
prescribe penalties should they refuse To obey
or eXccute.all warrants or precept> issued under
the provisions o this act when to them directed
makes them liable to the full value of any slave
that may escape from their custody after arrest,
antt. in language which VIII give as it appears
in the section. CoaicIs still more remarkable
powers upon the commissioners. quote from
the section:
And the better to enable The said commissio-
erS, when thus appointed, to execute their duties
faithfully and etnciently, in conformity with
the requirements of the Constitution of the
Unired states and Of this act. they are hereby
authorized and empowered, within their coun-
ties respectiv ely. to appoint. in whiting uuder
their hands. any one or more suitable persons,
from time to time, to execute all srch wFIrran.S
and other process a> may lie issued 10y them in
the lawful performance of their respective du-
ties. with authority to such commissioners or
the persons to be appointed by them, to execute
proc eSs as aioresaid,to summon aud call to their
aid the by-Standers or posse ComitstJIs 1of the
proper county, when ne, es>ary, to Insure faith
ful observance of the provisions Of this act; and
all good citizens are hereby commanded to ail
and assist in the prompt amt tliicient execution
of this law whenever their services may be
quired. aforesaid. Tor that purpose, aud said
warrants shall ran and be executed 10y said oii-
GERS anywhere IN the state within which they
are isSued.''
Section 7 Imposes fine and imprisonment on
any person who shall wiuii gly binder The ar.
rest OF 4 lugtive or shall attempt to rescue one
from custody, or harbor or all to escape any
fugitive from slavery.
Section provides that when the claimant or
his agent appTehend rescue the officer ma king
the arrest is to remove the fugitive to the state
from whence he fled, and to employ Us many
persons in doing As he may consider ncces-
sary: all the expenses TO be paid by the United
States.
Now, sir having quoted as much of this act as
consider necessary to my pun pose. let us see
how easily il can be adapted to the present
ditiOn of affairs, and meet the requi rements of
the loyal men ofthe south, simply by so altering
the text rs TO make its provisions apply to the
prevention ofoutrages against life and property
instead of % tie catching and rendering up OF
Cndsr its provisions. the United States cir
cult courts could appoint as many cen mission
cVs they please toapPOint in every county in
their respective districts. and these couIaiS-
samars c. iuld ia turn com aissioIl many men
as they deemed necessary to execute their war
rants: would hare all the powers of the circuit
or district Judges in term time or vacation;
could issue their warrants for the arrest OF any
citizen, and the warrants would he good III any
portion of the state; could summon every man
in the county to assist in serving their process
cS and it amy refused to obey their mandate,
could fine and impriSOn them for so doing:
could include in that posse comitatus suhh por-
tIon OF the United states forces, the army and
navy of the United States, as ight be- within
the territory over which they exercise jUrisdic-
tion; and would possess powers more than
ample TO secure peace, and the most perfect pro-
lection to life, liberty aud property in every
State in the Mon; and the constitutional DOW
er of congress to cOnfec these powers cannot
he doubted, for has not the party whose repre-
sentativcs ON this floor have 80 often assured
of their devotion TO the Constitution, stamped
the seal of approval upon all its provisions,
enacted iato law all its principles, and enforced
and maintained that law by all the nachinery
OF the government And the Democratic party,
having enacted this law and sustained its con-
sttutionality before Il c adoption OF the amend
mtnts to the Constitution which have certainly
conferred some new powers upon Congress, can
not, presume W i'll not, attempt 10 question its
COnStitutionJliiy ECw.
twas good Democratic constitutional law to en-
power an unlimited number of comparatively ire
sponsible United states mIrshals to use the army
and navy of the United States to enforce United
States laws when those laws were i'll tue interests
Of the Democrats party; and now, sir, we witness
the remarkable spectacle OF this party, which con-
GcrTed such powers upon these men with no appre-
hensOn OF injury 10 tie State gOVernments-with no
fears TO any destruction of our iberties-with no
doHbts to their entire COu>titutionaIity-Eow
boldly ueuNIur that this Congress CUn>titu-
tiUual right give the President OF The United
States power to use the army and navy of which he
is the constitutional cOmmanerin-chiei, in protec-
ting American citizens from outrage and death; the
party vino under the fuSitive-sldve law, marched
Cnled States soldiers the very spot where the
fr>t myrter for American liberty shed his blood
and the blood Of Christopher AtIucks as red as
yours II mine, sir. though his skin was Llack
1he party who sent heir troops over the spot
Which his myrdom had cousCcrated TO force back
into slavery poor wretch VINO had succeeded in
ing to 4 land whicn he supposed TO be land of
lihcuythe party that did this act 6ares to tell the
American people that there is no constitutional way
to use the army navy of the Uni ed States in pro-
tecting American citizens from outrage and death
unless the Governor and Legislature o. the State
which the-e offences committed should call for
assistance Sir have searched in vain for Ike call
made Icy the Governor or legislature of Massaclius
etts for troops TO assist in the rendition of Anthony
Burns. Every gentleman on this floor knows th; I !
the Uited states soldiers sent to that State by the
Democratic parry assist their blood I-houHds in |
tearing from Mas achu>etts soil that poor, trembling
fugitive. not there at the request vi that
cratic Congress, enforced by democratic adminis- I
tration. ant Interpreted 10y Democratic Attorney 4
General whose Interpretation has been sustaiie ell by
the courts; and know the American people well |
enough to know that no legal Sophistry can make /
them believe that was constit utona TO use the
army and navy of the United States in returning |
fugitives 10 slavery, but that 10 constitutional |
can he found to these agencies for the pro-
lection OF life, liberty and property offree American
citizens in every State in this Union,
-@s0sS---
The Legislature has had an cleo
ton, and returned Hon. Ben. Z. Wade
for six Nnnrs from March ne Vt Lei |