Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1871-05-05
Enforcement of the Fourteenth Amend
ment.
Speech Of Hon. james H. Plat, Of Tirginia,
N the House Of Representatives., .4pril
All, 1871

Speech Of Hon. James H. Plat, Of Firginia,
N the House Of Representatives., April
4h, 1871.
The House having under consideration the bill
Oh. K. No. 32O) to enforce the provisions Of the
Fourteenth Amendment to the Constitution of
the United States, and for other purposes
Alr. Plat said: 1t seems to me that the real
issue involved in this discussion, and the most
important one TO our future welfare as self
governing people and our history as a nation, is
the decision CT the question as to whether this
Republic has power 10 protect the lives, liberty
and property Of its own citizens at home in 3
time Of peace. That we have this power to
protect cur citizens abroad, no patriotic citizen
doubts.
We are told that the State itself must deal
with this class Of cases, and that by and under
the Constitution it is only when the State au-
thorities call upon the General Government for
aid in enforcing the lsWs that it can interfere
that when these State authorities are in com
plicity with the criminals, aiding and abetting
their lawless violence and Of course refusing to
call for assistance from the General Government,
thst even then there is no legal and constitution
al power by which the United States authorities
can iuterpose to protect its citizens. Mr.. Speaker
such an attempted Interpretation Of the law,
such aE assumption, is an insult to the American
people, an insult to the million brave veterans
who perile1 life and limb TO preserve the Union,
10 the hundred Of thousands Of noble spirits
who yielded up their lives and died that their
country might live, that Union and that country
which are not worth saving unless they DO pos
sess the power to protect the men who fought
for their salvation. But notwithstanding these
labored ar glnents to the contrary, 10 not be
heye there can be any serious doubt Of the power
a. 4
delegate powers to the President and use all the
resources Of the Government to stop these out.
RACES.
Is there any who believes that were this thing
reversed, and these outrsges which are being
committed upon the friends Of the Administra-
Uon in the southern States were committed by
republicans upon democrats in democratic States
with a democratic msjority in both branches
Of Congress, a democratic President, and an
army and navy in their hsuds-that demo-
cratic Congress would f4i! to find constitutional
warrant for extending protection tG their friends,
although the State authorities, through weak
ness, tleaohery or c5wardioe, should fail to call
for assistance from the General Government.
The whole history Of that party f0rbids such
supp0sition and in their days Of power they
gave US precedent which is sufficient justitca-
tion 70 me for the votes shall give on this bill
p
there any gentleman On the democratic side Of
this House who is willing to admit that the fugi-
tive slave law OF 1850 wSs unconstitutional l
DO not believe there is and as one republican
member from the south, | an willing to take
that llw-aui changing its wording somewhat,
SO as TO make the rights snd privileges to be
protected those Of loyal men and free American
citizens, instead Of those Of slaye-JWners-and
find in it all the protection which, as loyal citi-
gems If the south, We demsni from the Govern
meut which owes US the fullest protection it's
laws can extend.
Tie constitutions ity Of such law could not
be questioned, for it was affirmed in 1850 by the
entire democratic party. and 10y the united and
golid vote Of thar party on this floor, forcsd
through this House under the operation Of the
previous question, no opportunity for debate OF
amendment being permitted by the then demo-
cratic majority. Its cons;ituuonality was main
tanned and defended by the party that enacted 1t
as long as they continued in power, and affirmed
again and sg4iu by the Unitel States courts,
then presided over by democratic judges. | DE-
sire % call the attention Of the House 20 the re-
markahle provisions Of this constitutional demo
craft, law, this act entitled AN act to amend,
&c, commonly known as " the fugitive slave
law" which passed in this House 10 September,
1850, having previously passed in the Senate.
lts first section provides for the appointment Of
commissioners by the circuit courts 90 execute
the powers and duties prescribed hy the act
Session three provides tha- the number Of these
commissioners should be extended, at the d.scre-
ton Of the court and suv number appointed
that might be deemed necessary in carrying out
the provisions of the act
Section four c0ufers such remarkable and ex-
trlord.nsry powers upon these commissioners
that / quote IL in full
t-s 10 y r,--t.- ,s....t. That the ooumis-
llucrs ahove named shall fave concurrent lurisd.c-
ta1 with me ad-es q the circuit a.. d d -S. (. l.''
5 .i -tti'i- .i m -ts ana tls il--es rf
ihe sruerilr crs Of t6e Territories severaI'y aui
collectively, iu term time and vA'ation' and .hau
rhn, Ger. .leates % suln eaiilqii.s u- U.s..
remove s,5eh fItives rom sorvice " labor 20 TIE
state or Territory from which such persons may
have escaped or fled.
Section five presctibes the duties Of marsha.s
who many have any number OF deputies, and
prescribes penalties should they refuse TO obey or
execute all warrants or p-ecepis issuei under the
provisions Of this act when 10 them directed,
makes them liable 20 the iull value Of sny t.e7e
inst may escape from their custody after arrest,
and in language which will give as it appears
in the section c0uiers still more remarkable
powers upon the commissioners. / quote rom
the section:
s-1 +5, l.t.- - ,--t-. .f. .,if .--,r,sss'. e-.
when tfs str5.rtec- 10 exsc.e their 1ute. faith
f-Ily aud efficiently b conformity With the require
mrui7 OF .he tuition OF tue tnited states ana
o. ~ , ,i,is. re.r,..iei, n, s5irt
in wrtins under Their hands any one or more suit
able persons from time % time 70 execute all such
t, i ~. al ,i g,ii ,--.5s,,e T., tsei- rs.-e ig,
duties. with au ho-iy 10 such ln.ais.ioners or tie
persons to neapp0.nted by them toieEecute process
a- al3 es-4 70 s-i-'n mr. can 10 tn9.f ava .lo ~
,r.i re.s..,r,.t ir.rrs "a t.'-bai os.,rvlres If
lie PROVISIONS Of ths act and all 2ocd citizens are
+ hereby comuandei % ald and assist in tie prompt
ana e ey u a ' ,S' @nstetsl ' t, 1,S,i I',-
D 'se. and said warrants sIaI run ara be executed
by said ulcers, anywhere ia tie state within which