Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-04-19

are Inc hO-hluX, the Dngnt ana ml0eW
which rest upon the bosom of that once
proud and glorious little Commonwealth.
While such Radical rule sffiiets South
Carolina there can be no peace and nc
happiness. sfearar =..Fa1r-E
rz FOURTEENTH AMENDMENT.
But finding no warrant in that immortal
instrument, as framed by our fathers,
the supporters of this measure fall upon
the fourteenth amendment as the grand
reservoir of power, which enables Con-
gress to make negro of white man
and white man of a negro, or, what is
worse, to make q negro superior to a
white man; for all negroes may hold of
fee, while all white men may not. The
provisions in which the friends of the bill
find the power are as follows: RI
''Secticn l. All persons born or natu-
rallied in the United States, and subject
to the jurisdiction thereof, are citizens OF
the United States and the States wherein
they reside. No State shall make or en-.
force any law which shall sbridge the
privileges or immunIties of citizens of the
United States; nor shall any State de.
prive any person of life, liberty or hsppi.
ness without due process of law, nor deny
TO any person within its jurisdiction the
equal protection of the laws.
''Sec. 8. The Congress shall have power
to enforce by appropriate legislation the
provisions of this article"
1t will be observed that by negative
provision States are prohibited from
making and enforcing laws which shall
abridged the privileges and immunities Of
citizens of the United States 1t is {
universal rule of law, well understood
that negative provisions confer no power
to enact positive laws. There is simply 6
denial of power to States, and not con
ferring of power on Congress to pass
laws. But We ask, Mr.. Speaker, what
State in the Union has attempted &c
make and enforce law in violation of
this clause2 No instance has beer
cited during the debate that has beer
had. If any State had so attempted, the
judicial department would be found
abundsntly able to vacate such action Of
the State, and when the judgments OF
Federal courts in this regard are violated
and set at nsught, steps could be taken to
maintain the authority of the courts
And what, sir, is the definition of priv.
leges and immunities Privileges are
special rights belonging to the individual
or class, and not the mass; properly On
exemption from some duty, an immunity
from some general burden or obligation, {
right peculiar to some individual OF body
(26 Texas, 420.) Immuniiies are righu
of exemption only, freedom from wha
otherwise would be duty o.
burden. Dates on Citizenship
22) Surely it will not be pre-
tended that any interference has been haC
on these questions. The latter clause o.
the first section contains negative pow
er on States, again, and deprives them o.
the power to deprive any person of life
liberty, or happiness without due process
of law, and no State has so attempted
whatever may have been done by an in
diyidual here and there in violation o
these great prerogstives of citizens.
II is the duty of State to provid
laws for the protection of its people anC
10 enforce them, and no case can b,
shown where State, through its lawful,
constituted authorities, has failed TO max
a faithful effort in this behalf; and where
failure has been made it has been attribute
bic to other causes than defective law
or corrupt officials in league with of
tenders. The mandate of the Constitu
ton to the States has not been disobeyed
and there is no call for congressiOna
legislation OF interference. And | think
sir, the fifth clause of this amendment
comforting the power on Congress TO en-
force the provisions of the fourteenth
amendment, applies to the other section
of the amendment and not to the first sec
ton. Once concede the power to Con
gress as claimed in debate, and we sha
have Congress the supreme Legislative
power of the country, alike over tn
rights of property and individual rights
and we may as well blot from the thing
that be the present State constitution
and become at once merged INTO gran
central Government supreme in ever
imaginable case, from the pettiest polio
regulation to the loftiest question whic
can engage the mind. We upset tn
theory of our Government.
have thus passed in review, Nj
Speaker, the various principles and pre-
visions of the Constitution which haV
been put forward as our authority fC
this measure. fiud no such power as
claimed, and due regard for the solemn
obligations of my oath to support tn
Constitution, as well as patriotic sens
of duty to my country, utterly forbid
that / should cOuntensnce and supper
tkis measure, which, like the TrOjs
horse, is filled with the means for tn
destruction of free government. Wei
Washington on earth, clamOring for sue
powers as are proposed to be cOnferre
on the President as the representative G
free people, would refuse, for wOul
know not in what hour the America
people might hear the declaration ono
made by a French King, when he d.
clsred, 81 am the State" would cas-
no vote to intrust any human being wit
the absolute destiny of the people, car
not how great and good he might b,
The precedent is destructive and subveI
sive of free government.
A brief glance at other provisions {
this bill which confer powers upon Ii
courts of the United States not wsrrantt
by the Constitution, will conclude all
have to say upon the constitutionahty
this measure, which seeks alike to de
with State governments and indiYidu
citizens. | have carefully read sechC
eight of article che, where powers sre col
fefred on CpN'T IS, and find No warrant
a,tl,ritv this measure. and, indee