Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1871-04-26
3Mi9tflianu.
Enforcement of the Fourteenth
Amendment.


R...rts NJ W. Willard on the Report Of The
Cs7fsregce Committee on The hH-hiuI JiY.
Eelrered IN the House Of Representatives.
4UrlL d., ISL.
Mr Speaker, as / have been unable 10
agree u the conclusions which the committee
5f conference IN their report have presented
to the Ii Juse. II Is due - myself that should
state some oi the reasons which lead me 70
that disa greement. I disagree with the com
mittee first IN yielding TO the Senate IN the
amendment fixing the Limitation OF time T.
the suspension Of the writ OF ha5eGs corpus
nj the e. q Of the next regular session Of Con
gress. ! deem the provision for the suspen-
SION of that wit one OF such Importance, /
deem the writ Of hCJsGS corpus OF 80 much
value 70 individual liberty, that when We are
not 10 the presence Of an armed rebellion
when we are not in the presence OF what We
can now declare by legislative act 10 be
rebellion at all, II We place the discretion III
anv man u suspend tae writ, We ought out
Ot regard u the safeguards Of personal free
dom provided BY the Constitutional limit
alton On the suspension Of the PRIVILEGE, .
name a fixed and precise limit Of me beyond
which the exercise of the discretion given to
the President shall not extend. While there
fore. I am prepared 10 tx the limit al the lst
u July, 1872. yr the lst Of August. or even
--e l-J OF September Of that year. OF any
,le which would carry II beyond the usual
a1 -rnmeut Of the next regular session Of
Congress, prefer thar we should set an abb
-.-te limitation, a point Of time beyond
which the writ OF h15eas corpus ctnnJr be
---teuCed except by further legislation.
I regret that the committee OF conference
-n tile part yi tile House did not insist upon
that provision g. It stood wien the bail was
sent t. the Senate. am not particular
about any early date, Bat 1t seems 70 ne that
the time should BE- liked definitely in the bill
Itself, 50 tL4t we may not, by the deyIcc OF
recess ID Congress. give Ion ger time TOR the
eze.ci-e OF the preferential discretion than
Wlac The bI.l Itself now seems 10 give
Nov, let me come u the ameudment which
for cJuv euIeuee bas bt eu called tile Sherman
au.tLdmeut. the eesentIaI amendment put
uu.n tue buI IN the Senate. ! am not ITe
pared 10. and l shall not here enter upon any
discussion Jt tie constitutional power Il Con
zreS- d resort u .eg IslatIrn Uf tuIs Character
Bus i seems very clear 70 me that d
there j. Iu the Constitution any power ve=t
10 Caug IS u resort 10 a provision Ike thIs
trt.e punishment Ut ufenses, ur for giving
re1rc-- q persons IuJuTeJ, this is very clearly
an uuAI-u and improper ez,rcise ut thai
power. - lar - kuOW. the exercIse o. suci
POWER by any COVE nmeut Is OnIy warranted
s.eL tue c,mL1uuI upon winch the penalty
l- Ted, a. uy this II tctIOD. has proved ialth-
4g-- IL lie duties, when II has not reformed
the 0a.Ig4tIOus that Te-t upon l., and which
l, wss a5lulautly able - perform. II II had
tae G.sp. =ItIOu u 80.
- under the old law Of England if The
bundled pel .orILed all that tAey were requned
d tettoIm a. LOUI cI. zeus they w. Te DO
longer halle, anu IEJIelly enough and 81
74a- because they could Dot justly be made
any longer Latle that the imitation was
.zud tLeIe. there is in u al sense Oi
Justice. which l. stronger than even &. nstItu-
3 I,LsI l.W IrstIi. IL yur tnactuenfs, and il
the administration o I laW Leg slatuT,s and
courts often stop u haIrlcI- which tie Con
-ttutIJn has not ! ced ID their way, be
cause they see that justice onIels tLtm 70
stop 81 t-at Ioint.
Now. SIT. tue Constitution bas not imposed.
We haze nJc 1y the Constitution ImpOaed
any duty upon county. c.ty. parish, Or any
other -LblIy sion OF d S-ate. 10 enforce Tie
laws. - provide protection i1r the people,
- give them equal rights, privileges. and
I-luunltIe= Iue Constitution, IN effect,
saws tLat no State shall deny 70 it citizens
the equal protection Ot the Iaw-, and un-
dcr- ard that that declaration, that pTOhIbI-
tIon, applies only 10 the States, 50 tar "a
political or MUNICIPAL action Is concerned
But tie State, within its boundaries. La= the
IrOrecrlOn OF the people. W hat can the
county dJ2 W has can The parish do W hat
cau q city do. 10 give me the equal prOtec-
ton Of the laws The city ard the county
have no power except the power that j.
gwen them by tie STATE. They cannot keep
violence away from me they cannot pro
rect me n my rights, ezcept a. the State has
clothed them with the power u do 90 AMI
fOr the enforcement Oi tie laws Of the State
y hateyer from the ui-ed States.
Ia most Vi the SJ4tes-It il 50 10 mine. |
kuow-the counties and the towns have ~
power whatever in tAis regard except az
those powers have been conferred upon them
bv tie state and these POWERS can be taken
irUm them at any time by the State. Il
these powers are not given u them by the
State. or ID they hJ.d them only at the Will
oi the state, what Justice Is there IN making
the town. city, or parish liable Tor not pro
tectiBg the properly % citizens, WHEN per
h4Iz 40 avs lJr Its protection exists. ior
not giving NE prJtectIOn. whtn they have
not teen clothed by the state with the night
nd power u give me protection
Thus II seems 10 me-and, a. ! SAID before,
am only arguing this point IN the light Oi
Its Justice, ami not o. a strict question VI
constitutional law-tnat We are imposing
upon q community an obligation that We
have 10 rI-ut 70 impose Upln them. that IN
justice we cannot Impose upon them tor the
reason that such muuIci palItIe- are a. such.
pUweriezs to either make or enforce the laws
Uf the state yr gt the United States. Ne
= 1UuId never impose an obligation upon
community When We do not aud ca nnOt give
that community the power tO discharge that
Obligation. We should lot require county
OF 4. cIty 10 protect peTsJns In their lIT, or
property until we cOuier also upon them tie
DOW u u furnish that protection.
| hold that this du-y Ut protection. L u
rests any where, rests on the State. and that
il there - To be any liability visited upon
any body IOr failure to perform that duty,
sucu inability should be brought home u tie
State Hence, in my judgment, this section
would be liable u very much Ie-s Question,
both IN regard u it justice and It. cUnsti-
IL IOuaiIty, II II provided hat II IN any Stale
the Uffvuscs named III this ctiUn were CON-
mitt,d, suit might be brought against lie
STATE. judgment obtained, and payment OF
the Judgment mig I be enforced upon The
treasury Ui the State
now tsme 10 another ohje, JIou 10 this
section, and II i al objection which has b en
su. gest.d ~ tie gentleman On the otter
SIDE. Mr. kERR All laws u this character
WhIcL nave teen enforced ID Eng and. OF any
State Of tie UuILtd States, cUnte !late a
default on the part vi the community, which
IL made chaTgeaole. Here we propose t.
make tie community chargeaDle IN lie frs
instance. lake. lor example the law low
in fUIce. az | understand. Ia the State OF New
York That law pOvld,s that before the
municipality shall be held hable. the IcTson
who suffers damage shall show that the IL
jury to person Ur property q which be com
plains occurred through no iault OF his own,
but was the result oil the neglect and failure
OF the authorities 10 give him adequate pro-
tee ION. Here We InsIst On No such Lre-