Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1871-03-29

country are citizens of the United States, as
well as of the several states" This was done
for purpose. 1t was also added that no state
should make or enforce any law abrid9ing the
rights of citizens, and further, no state shall de-
prve citizens of the equal protection of law.
The provision did not stop there, but, with still
more abundant caution, added: congress shall
have power, by legislation, to enforce the provi-
sions." All being citizens of one republic,
all have, as such, the same privileges and inn
munities, and these privileges and immunities
shall not be abridged that under the laws of the
nation and the states there shall be protection,
and congress shall have power to make laws to
secure such protection. Putting these consti u
tonal elements together, where was the DOUBT
that congress may, by appropriate legislation,
protect the rights of citizenship, so zealously
and transcendently guaranteed and made eter-
nal by the constitution itself? The provision
guarantees equal laws and protection for ALL
and when state denies the privilege TO citizens,
congress may, by law, enforce the provision.
Mr.. Kerr, in reply to Mr.. Shellaoarger, said
the gentleman's assumption Ofpower is quite as
extraordinary in its character as are the provi-
sions of this bill, and, with his ideas OF constltu-
tonal law, he was surprised at 1t. The amend
mentS to the constitution guarantee to the people
certain great personal rights The article OF
the constitution to which the gentle
man referred conferred no new grant
of power TO congress, nor did ii take
away any pre-eXisting powers of states;
it simply declared who should be citizens
of the United States. The definition of citizen
ship was the same before as it was after the con-
stitutional amendment was passed. Nothing
more or better was settled than this; and he
quoted from Chancellor Kent and eX-Attorney
General Bates in support of his assertion that
there was no power to supercede a state, or pre-
| scribe any code for states, or tampcr with them
in the administration of their own local system.
| There was no power to 20 into states and con-
| troll their legislation, substituting new ma
| chinery, the peculiar characteristics of which
might be hateful TO them, as well as grossly
| outrageous and unconstitutional, and admin
istered in such way as to aggravatc and irritatc
| the people to Il point of resistance. He was
| in favor of the most signal punishment being
| inflicted for lawlessness, whether in the
states of the south, or any other section; but
it should be done under their own constitution
and laws, and the power of the federal govern
ment should not be used, except as auxiliary to
the state constitution and laws, and not superior
TO them. The federal authorities were not com
petent or authorized to dictate Il new system,
but simply TO aid states, On application of the
states themselves, in maintaining their own do
nestle peace and order. The pending bill
| sponged out all the reserved power of the states
as to their own local administration of affairs.
Mr.. Stoughton followed, in review and eX-
poSure OF kukluX outrageS, reading from the
records of the senate the Investigation into the
state of affairs in North Carolina, to show that
| the laws were pOwerleSS, and the protection to
life and property impossible, in the presence of
organized bands of robbers and murderers. He
said the relation Of the democrats to the kulSluX
was similar to that of the receiver of stolen goods
to the thief they willing TO receive the results
of the murder of republicans and rapine to help
them in their politics. In this house they are
the willing champions of the kukluX.
Mr.. Cox said, so far from this being true, the
| democrats have denounced the outrages.
| Mr.. Stoughton said the lIukluX were supplied
with disguise and arms from the north
Mr.. Eldridge-"SenatOr Summer said yester-
day that President Grant is the head of the ku-
| kluX"
Mr.. Cox asked Mr.. Stoughton why he did not
prove his assertion, which went for nothing
without being substantated.
Mr.. Stoughton remarked that tie entire south
was drifting into anarcy. A few bad men, init
mate with the mass of the people, were evading
| conflicts with the military and controlling the
state courts by fraud and violence.
Adjourned.