Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-04-05
liberty as attempted to be secured !

ted States, under color of any law, stat
ute. ordinance, regulation, custom, or US.
age of any State. That is to say, that if
q police officer of the city of Richmond
or New York should find drunken ne
gro or white man upon the streets with
loaded pistol, flourishing it, etc., and by
virtue of any ordinance, law, or usage,
either of city or State, he takes it away,
the officer may be sued, because the right
to bear arms is secured by the Constitu-
ton, and such suit brought in distant and
expensive tribunals. Oher instances aud
Illustrations might be given showing that,
beyond the view of the invasion of the
local rights of the State, it is in its ma
chinery and proceeding a denial to the de-
PENDANT of his right to justice without
such deni or delay. But, sir, while the
section comes clothed in honeyed phrases,
is it not apparent that in the motive that
dictated it ard in the agents that are ex-
pected to use it petty annoyance is inten-
dedY To say the least oft, it is strange,
unusual, and iHhuman proceeding, and if
acted upon will be productive of expense
and annoyance without any compensation
whatever.
In regard to the second section of the
bill, it is inquired, what rights, privi--
leges aud immunities are meant. If faith
er and son agree or combine together to
punch supposed or actual trespasser by
q simple assault and battery, is not this,
under the bill, a violation of the rights of
the person, and as such, made 1elony?
Was not the argument of the gentleman
from Ohio to the effect that life, liberty
and the pursuit of happiness were the
rights that it was the duty of Congress to
protect9 If 80, where is the limit of the
power of Congress over the life, liberty
and property of the citizens of the Staie2
And, under the liberal construction of the
Constitu ion claimed by that gentleman,
are not all of the functions of the States,
in this regard, subordinsted to the discre-
ton of Congress-
The third section confers extraordinary
powers upon the President of the United
States in all cases "where insurrection,
domestic violence, unlawful combinations
or conspiracies shall so lar obstruct or
hinder the execution of the laws in any
State as to deprive any portion-whst
portionG One, or two, or thre'2 or, class
of the people of such State of any of
the rights, privileges or immunitiesn
named in said bill. Again the question
is asked, What right; to what extent
And the constituted authorities shall eth
sr be unable to or shall, from any cause,
fail in or refuse protection of the people
in such rights and shall fail or neglect to
apply to the President of the United
States for aid in that behalf Such facts,
etc. Who is TO determine that they are
facts? Who is to determine that the
Governor or the Legislature of State
have failed or neglected to perform their
sworn dutJ2 The old common sense of
this country used TO hold that the people
of the State decided this question, or the
courts of such State. But now, sir, We
have the proposition made that, not the
people, not the courts of the State, or of
the United States, not Congress, but the
President of the United States. And
upon his decision may depend the peace,
life and liberty of the people, because it
is clear, under this section of the bill,
that even after the employment of the
militia, and of the land and naval forces
of the United Stats he may adopt ''other
means" What "Other means" may
be selecil Sir, is it possible that we,
the representatives of the people, will
delegate to one man such immense power
over commonwealth, States, courts of
justice, and the life and liberty of the
citizen? ,
By the fourth section still further pow
er and discretion over States and the
peace of the nation, as well as over the
life and liberty of the citizen, is given to
the President. 1t is with him to decide
what are unlawful combinations, their
purposes, and simply their ability mot
their intent) to set at defiance or over
throw the constituted authorities of the
State; aud it is with him to decide the
fact of the completely with, or connive at
the purposes of, such powerful and arm
ed combination. An unlawful combi-
nation may exist which does not
and cannot be made 10 be rebellion; yet,
sir, upon the discretion and will of one
man depend, by this bill, the lives, liber-
ties, and property of the whole people of
the United States. Sir, is this extraordi-
nary power thus given 10 one man and
are the extraordinary provisions of this
bill warranted by the Constitution Are
they within our power to enact or delegated
Is that warrant to be founo in the emu
merated powers or the indirect grants2 The
Judicial and political construction of that
instrument prior to the adoption of the
fourteenth amendment enables US to an
swer no. Is it to be found in the four
tenth amendments l respectfully but
firmly protest that it is not. What is
that?
had intended, Mr.. Speaker, to give
my construction, as was my duty, upon
that article of the Constitution. l now
call upon the gentleman who is to follow
me, and direct his attention to this fact;
that the fifth section of that fourteenth
article of amendments applies not to the
first section, but TO the second, third and
fourth sections, and that was the near
ing of that section; that the first section
is simply prohibition upon the States,
and does not propose to grant any power
to Congress. The prohibition of power
to the States does not necessarily invest
Congress with the right OF duty to exer-
ClSC VIC pOnGi sO PtOniUlCCV 10 lHC
States.
Now, sir, the safety and preservation
of our Constitution and the liberties of
the people can only be secured by the
strict construction of that instrument and
q rigid adherence to its guarantees.
Sir, charge that this bill destroys the
guarantees of life, liberty, and property
of the people, secured by the fifth article
of the amendments. charge that this
bill destroys State governments and local
tribunals, 80 dear to the people as means
of securing their rights of person
and property. l charge that this bill
places the lives, liberties, and fortunes of
the people within the power of one man.
Mr. Speaker, does the condition of the
country demand this sacrifice of popular
rights and constitutional liberty2 Is
there so much of anarchy, or of war,
that we should place all that Americans
hold sacred in the hands of single per-
sons 1 answer from the heart of that
great people, there is not
Then, sir, what is the lesson and duty
of the hour9 1t is that you retrsce your
steps, go to the people of the South with
words of kindness; go and convince them
that in a spirit of justice you viii admin
lister the Government, making its burdens
and its benefits equal; remove all causes
of irritation, prescribe prescription, and