The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1871-04-22
hich he is entitled under the Con

States The Constitution and laws
we're E;,i.a Ia define and protect
the right Of ci,izeus. Can it be
that Cong ress has no power to pre-
vent cone piracies sgsinst tho Con-
stitution or Agsinst the laws OF lis
own enacting? Sucl, proposition |
will not bear argument sincc the !
adoption Of the fourteenth article |
Of amendment.
But spprehend that it is not |
against these sections OF this bill
that these objections are more es-
pecially aimed. but that the third
and fourth sections are more espe
cially obnoxious 10 gentlemen OF
the opposition. These two sections
are drawn with especial reference
to the 6rst and fiflh sections OF the
fourteenth article Of amendment
The first section Of this article Of
the Constitution provides, among
other things, that
No State shall deny to any person within
its jurisdiction the equal protection Of the
avs.
And the fifth section provides
that Congress shall have power to
enforce by appropriate legislation
the provisions Of this article.
The third section Of the bill
now under consideration is ss fol-
lows:
Sec. 5. That in Ill cases where insur-ec-
ton, domestic violence, or unlawful combina
tons Or conspiracies in any State shall so
far obstruct and hinder the execution OF the
laws thereof IS TO deprive any portion or
class Of the people Of such State of any Of
the rights, privileges, or immunities named
in and secured by this act, and the constitu-
ted authorities Of such State shall either be
unable to or shall from any cause fail or neg.
lect, through the proper authorities, to apply
20 the President Of the United States for AID
n that behalf, such facts shall be deemed .
denial BY such State Of the sqnsl protection
Of the laws TO which they are entitled under
the fourteenth article OF amendments to the
Constitution of tho United States; and in all
such cases II shall be lawful for the Presi.
dent, and il shall he his duty, to take suci,
measures, by the employment OF the militia
or the land and naval forces of the United
States, ~ he may deem necessary for sup
pressing such insurrection or domestic vio-
lonce and any person who shall be arrested
under the provisions Of this aud the proceed.
ing section shall DO delivered TO the marshal
Of the proper district, to be dealt with accord
ing to law.
II will DO. observed that this
section defines what shall be denied
a denial of the equal protection oil
the law by State, and it has es-
pecial reference to that clause
which provides that no State shall
"deny to any person within it:
jurisdiction the equal protection Of
the laws" The constitutionality
Of this section must be measurably
determined by first ascertainins
the trpe meaning Of this constitu
tional provision.
My colleague quoted it, and thei
disposed Oft in this way. l quot'
his language:
do not need further TO refer to this pro
vision than to say that it manifestly involve
no prant of power ~ Ii
no grant Of affirmative power demanding er
forcemsnt by legislation. -''s
l submit, Mr.. Speaker, that thi
ia an evasion Of the very point i
dispute. Nobody prctends the
this is o grant Of "affirmr.ivc pow
err" but I do contend that it is q
affirmative declaration OF q right i
every person within the jurisdit
ton of the laws of state, tn
right Of equal protection. III
grant Of power is in the fifth SCI
( ton. But my colleague dispose
Of it in the summary way just ST
ted. 1t is the Podsnappian moo
OF getting rid OF troublesou
question by waving it in the bac
ground, and putting il out OF Gig
and out Of mind by a bold decl'
ration, and grand flourish Of Il
hand. e'
! Now, sir, let US see whether
may justly be gotten rid Of in tb
= way. The preamble to tho Cons
tuition which, it is conceded BY .
expounders of that instrument,
the key which unlocks and reves
its true meaning, declares that Of
OF the objects to be attained by
adoption is to "promote the &c
eral welfare" I know that this,
connection with . subsequent pr
vision where the same language
used, has been construed to be lii
tied to authorize Congress to pl
vide for raising and using none
to carry ON the general machine
Of the Governm cnt; and for t
purposes Of this argument ! m
conccdc that Interpretation to ha
been correct, as the CONSTITUTE
then was But, sir, from time
time additions have been made
the Constitution, in the form
amendments, to make it me
complete, and to make it the me
promotive of the great end of &c
eminent. The preamble is ,
light by which We are to look
3 the whole instrument, includi
the amendments, and if q rcstri,
= ed meaning was given to ,
= phrase Ito promote the gene
welfare" it does not by any mes
follow that no subsequent anne,
i ment can be interpreted by it.
the contrary, every subsequ,
amendment must be construed "
. reference to this preamble
- A learned author, in speaking
hsl the preamble. says:
II 10 the essence and epitome Of the W
instrument by which tho government is
dainsd and created, and its purposes, su,
ity and duty established.
! have high authority for say
that the language Of the preaml
Ito promote the general welfal