Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1871-05-12
Enforcement of the Fourteenth Amend
ment
Speech Of Hon. George T. Edmunds, Of Yer
mont, in the Senate Of the United States
.AprI II, 1871.


Speech Of Hon. George f. Edmunds, of Yer
mont, in the SeRdt, Of the United States
.4Pra II, 1871.
The Senate, as in Committee OF the Whole
: having under consideration the bill (H R. No
! 32O) to enforce the provisions Of the fourteenth
amendment to the Constitution Of the United
stsies, and for other purposes
Mr.. Edmunds said
Mr.. PREEIDENT Il am sorry that. in order t.
!, be specific in arguments about the Constitution
and the law, one is obliged to he dull. If one
, only had the genius and the enthusiasm of those
Of our friends and our enemies both-I do not care
to bespeeiic who willing to oppose legislation
upon the imagination and upon rhetoric, theu
certainly | should not attempt to make anv speech
at all. But inasmuch ss this is an important
public question, which involves, as Senators have
said, delicate responsibilities between the States
aud the national Government, l think it right
that we should examine little in detail precise
ly what sort Of Government we have and pre-
cisely what its rights are and if it shall turn
ont on such an examination that the bill which
We have proposed Is within the clear score Of
constitutional authority, and is within the clear
line Of legislative precedent, and is means to
the preservation Of private rights, then ! shall
hope that even our democratic friends will be
willing 70 agree that the crimes which have been
committed, and which have had added to them
that other and greater crime on the part of the
tribunals and communities in which they occur
Of being suffered to 60 unpunishsd, shall be
reached by every means Of lawful legislation
They certainly ought not to deny that if crimes
such as have been stated exist, and are unre-
pressed by existing laws and authorities, every
measure Of constitutional legislation which will
have tendency TO preserve life and liberty ard
/ UNFOLD order runhf g. rFgnrtetl
agree entirely, Mr. President, with the sen
timent expressed by the honorable Senator from
Missouri who sits iarihest from me (Mr Bisir)
the other day, not entirely with his unlimited
statement of il, butgith the sentiment, that
The Government certainly owed protection to
The Union men Of the south. precisely snl in the
same proportion as the people Of the south owed
allegiance TO the Government As | remarked
the other day, the duty Of protection on the part
/ Of The Government and the duty Of allegiance on
the part Of the citizen are reciprocal duties-the
one Is the consideration for the other. II one
fails in his duty he has no right 10 exsct the
Performance Of the other Ii the Government
failed TO protect its citizens it could not require
the allegiance Of its citizens. Ii T. refused to
make an effort 70 protect them, il mad still less
ground 10 require its citizens 10 yield their ale
glance.
That. Mr. President, is sound doctrine, with
the qualification thar the duty Of the Govern
meEt 70 protect RS citizens Is not abso'ute IN the
hual sense It's duty TO protect is that it will
ezhaust all the resources of its power. by dill
gent and faithful and vigorous effort TO preserve
the liberties al1 the rights G.. rs citizens aud
when 1t has done tnat II hss performed the fall
function OF government, and when Il hss refused
to DO t5at II has failed, and Is not entitled 20 be
callsi a complete or just Government at all and
if fl -.r+ tlHv-sl ree.'frsfrrI lfhar-
wise
Nc"' s.r' ii the people oi these southern
states, whose case Is VIM. you kaow 21t what
all the peope know are not protected 90 the utter
/ most bturi 81 t1a ,,,gsar If +ba ra+i7Y ,h.ss
] citizens tleF aFt-the uterine st bound mean
/ Of course Of Its constitutional U1glr-tutu. On
the rrincirte Of th, 1anU-sh'e senator from Mis-
- ... - ....., t-7-s
s'-i'- '-li '.e q. .u1 lh1 i-1' we nave -'''.'-
I inem rom allegiance to Us ihey owe us Go lG'y
F e obedience % law. and they are remi-rel 10
. tbsr.eIvcs tl rrote.- Themselves As best they
we tiN''e' .--''''-''' a. 'e7i ','J
. may. 10 senators "ei 10 ieaco liN- clhllu-
siOl Do Senators wish 20 meet In = ysar Cr
t,go tbs- rverr, In INV honorable f-i.1i from
T'9t-., NJ 60 - -
p war Of races. which vii surely come O. lat,
rs vengeance always follows crime ia some way.
ss 30 vieT with indifference suri A n5ssi. I,itv
or be Is willing, il De consii,utoually may, 20
ineIpose the calm force q lsw, through the ilii-
eisrv. aiiei by tie lawful executive mower OF
the nation, to punish crime sui upa1d or'er
rhlt fs the Question tl4- 7.g MIL have o. f4sa.
ana t1,4 .s -t. ,.-,.,- ....,...s-
we nave te-n ta.-- Ar. tre--leIt, e9oi
many times. ana .l- good many year,, that
ft-. Nat-or.l q .vs-1.r-a-f rr mrs is ifsr All
/ ~ C. - -..- H.. ~. 3, g..
"'t H-'e i'''-'-. '' ..' .l1 "t. '--- 90 ~
merely cuu.eier-i-l Government li States,
aui rha- wherever and whenever the national
,,,+t-..-. i--.,... a.. ,-r.sl g. d, .-..s- ..ls,.
Al--''! Dl-'-' -N'' .' 'fItA. '' e''-,s" 1'-"''
49,. .l., ., =. -;t-, .-i l-,,;s- .f =, .',i.
~, az .,frlel b., BE-. s---, ,--,s,..,,ri,, srI
~ -, t,.eref'-s ,.-.i-- - -,.--- ,,1s-i-'e---s
o-,,7ls, irs,il -.r;,,,+,.- r,rs. ,,,l, ,r,,
i...-.f ID. .,,,.i .L. So .s I'll
-- ~, -.,, -.-- -, -. y, -,
- .s... --...,.s - .I. ls--,.--s..
Io-. 80 3. -' ~ D -
- e.. g.. .-i .t..-.--,., - .t, ,-cl-.-,.--
-. .4, ,-,- .-4 .-I.. 49, =. 80 ~.
.L..: -....-t. q. 81. =. --...,1-, .--'s.l. la .,
.t. ~ il,-.. D.. g.. . -;.-,t.. ,-t..t i.s I..i ..
7 ~ r-..-. % ,t.. .s.ll... -t.-L ~ -. -
'-- 81 -- '' '--A' 'e't-'.-1 "-.-- VIC a.. 40"
re2png 10 the last and tasts- in.u which me
spirit that produced the rebellion can r0ssitly
Ine hon9ssl.e Senators over the way have
tlrUrht ft o. read from lLIrr excellent com
-.-.---- ,.... Cd. .. -..... obs - g .-- - 8 ,-L--t.
.I--.. ,. -.. {-....l s.-.-. - 80.
tu- F,'t.e ID -"t oI-',- ''''es' l-. ---A tle-i
States, 81 lUtel this constitute Co.,, 20 show what
' ,rcs the uaffIr- of This q O,vprDrrpr- 81 VIII
. ~ ~ .lt... 80; .t.,, ,.,t r--..;- .-t:.L -,
T -'-' - -- -''' "-.-' W.
put FORTH as say, when th|s constitution Was
about % be adopted, and when. as uy friend
f-.r, Iris.orri- -lAfr C.-aa-.+l-l e., -r,-.a-l,
~
sue-ta.s' ,-e 'el -@''-u WIS eL'itey -'iii-il -
/ and bc.ittlC the powers of abe GGveruueut-Air.
/ Hamilton. sra1kfnr Of the difficulties between
inieuendeut States and IT the difHculties in the
relations Of tbs national Government 70 the
States under the Confederation. saws:
r7t ir va, mi. r7,9rf,.. En- d, I,,,.,i BIZ, Obi.
perous s..uaton. d we s.ll viii adhere 20 The do
.sn O.: aarol. government, Or wa.,iis the same
ta5 :, ,.', ~ ", 3, -..g, -,..i ~ e e, s, oss
porate into our rsn ih0.s INGREDIENTS VII IS NAV be
con. derei as i1rmiu- the Characteristic diisrercs