Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1871-05-11
Enforcement Of The Fourteenth Amendment.
SPEECH OF HON. ]. PACKARD,
or INDIANA.
In THE HOUSE OF REPRESENTATIVE.
april 6. 1871.

OF INDIANA.
In THE HOUSE OF REPRESENTATIVES.
April G, 1871,
On the bill On. r. No 32o) to enforce the provis.
ions of tn fourteenth amendment to the Consti-
/ tuition o fthe United States, and for other pur-
poses.
Mr.. PACKARD. Mr.. Speaker, I did
not press for hearing On this bill during
the general discussion, when | should
have had one hour, because I should have
crowded out some other member as much
and perhaps more entitled 10 the floor
than j, but have contented myself with be-
ing heard under the ten minutes rule.
Under the Constitution, is there war
rant for such legislation as is proposed by
this bill, and is there necessity for it /?
These two questions meet us. Each
member must answer them TO himself, his
conscience, and his country. Ii did not
believe there is full warrant in the Con-
sttution for this measure should vote
against it. If did not believe there is a
terrible necessity for it should be will
ing to see it fall. But to myself, without
hesitation, / answer both these questions
In the affirmative, as they have already
been so answered in the amplest and
grandest manner to this House and the
country. Guided by common sense, by q
just judgment of the right, and in the
light of abundant 0dthority, we have the
right TO interpose the shield of law against
the lawless. / Am not willing to admi:
that the Constitution of the United States
is failure. Protection inheres in the
very idea of government Ii should be
the primary object of all governments
Protection to the individual, the rights of
man, is the centIa sun of our system, and
if you refuse to let it shine our light will
indeed become darkness.
1t is monstrous assumption that this
Government has not ample constitutional
power TO protect its own citizens because
they happen to dwell inside the lines of
State that cannot or will not protect them;
that the Government, IN its efforts to rem
der protection TO the otherwise helpless.
may be defed by any lesser authority !;
that State may fly in the face of the ma
tion and demand that it strip off its pow
er because The ground on which IFS stands
is holy. do not SO read the Constitu-
ton. 1t did should lose faith in that
instrument. There is something better in
this land than Union or Constitution.
Man himself is better than either. The
individual man, for whom free Govern
uents are Instituted, and whom it is their
Crane purpose to protect in his inaliena
BILE rights, is Infinitely higher and better
than laws or constitutions. It was to Sc
cure man in tie enjoyment of these God
gwen rights that our Government was
founded, that the Union was established,
and the Constitution framed. And yet
we are told that it is unconstitutional TO
pass al act the sole purpose of which is
to enforce the Constitution ia its higher
and grander aspects.
We invite the stranger 10 our shores,
profering him the equal protection Of the
laws and the full benefit of all the guaran-
tees of the Constitution. Shall We keep
our plighted faith, or shall we yield il up
at the portals of the State ? Why, sir,
even the soldiers, whose heroic sacrifices
saved your nation, cry aloud for proiec-
ton and they expect t from the Govern
ment they fought for Indiana Cam It
follow the ex soldier into Kentucky and
1t was not for Indiana that the soldier
fought Two hundred thousand soldiers
frnm that State came TO the rescue when
the nation called aud when they stepped
under the flag they said, ado not call us
lndIanians now; call us soldiers OF the
Union" They loved their State, but they
acknowledged higher allegiance, and
wien victory came, and the fsg was
furled, they expected. anywhere on
American soil. the protection OF the pow
er they fought for and sustained. And
speak for that citizen solGiery to dsv, be
cause for them the legislation proposed IN
this bill is q necessity.
Only few weeks ago, at Cape Girar.
deau, Missouri. Ellis +. jenkins, while
employed in the revenue service, was
murdered by band of assassins for dar-
ing 10 profess the principles for which he
gave four years of military service TO his
country Tie WAS a member of the Grand
Army OF the Republic, benevolent or
ganizatien. designed for the support of
needy eX-soldiers and the widows and
orphans of the deceased. This was his
crime, and he was shot And state here
i.:esc further ouiraScs, in the words of tie
Grand army Journal:
sE,cry pos; OF the Crard Army Ia tho State II
Tennessee has been broken mp except the one at
Memphis, and ihs, now reta ms i,s organization in
secret, and the members itro not for their lives
acknowledge their couneciion. In the in terror of
the State Of h-n.ncky, which Mr. Senate. Davis
declares needs no protection for it, citizens from the
General Governinen Mt. the Union spliier il as much
prescribed as though he were an outlaw.
ln the state Of Mississippi the posts Of the Grand
Army We're compelled by the fDrce Of rebel senti-
rn"nt 10 dissois~ year ard the members have
nov secretly r,orgsnized themselves for INITIAL pro-
teciiOn. Three M n, members Of order and with
bright Army records, have bee murdered in that
State because ten they raised the patriots
rathsr Than the traitors weapon. In Georgia the
IOsis of the Grand Army have been Obliged 10 cis>
solve. except ia Sa vsnnah and in Brunswick where
they have a northern settlement sufficient o protect
them. In none Of these States Is IL at present safe
Tor man 10 allow his reccrd Uuion soldier to be
known. Senator Spencer, vi Alabama presented
to the Senate about the close Of the late session
petition signed by number Of member Of his late
regiment, who prayed that their hames might not
Ice given to the public account Of The danger in
which their lise1 would be placed.
II Is so frequently denied here and else
where that these outrages, to any great
extent, exist In the South that, although
the proofs presented during this discussion
are overwhelming, l have resorted to
source for additional evidence, which
believe has not yet been introduced. |
hold in my hand statement made up
from the returns of the assistant marshals
who performed the duty of taking The
census in the southern States. 1t was
part OF their duty to make record Of the
deaths occurring during the year ending
May 81, 1870, with the cause of death IN
each case. and the record is frightful.-
Look at the horrible list:
DEPARTMENT OF THE INTERIOR
CENSUS OFFICE.
WAsHINGToS, D. c., Aprii .. 1871.
Statement Of homicides and muir
ders reported by assistant mGrshdts
as haring occurred in the gear end
ing May 81. 1870.
Number
States. of
victims.