New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-24
SPEECH OF SENATOR NORTON
ESBECK REVIE WE'D
Amendments and Ku-Klux Bill Defended

Amendments and Ku-klux Bill Defended
Last Saturday evening, the sixteenth in
slant, Hon. o. p. Morton delivered speech
in Cincinnati, mainly directed to review OF
tho Steubenville speech of Mr. Grocsbeck,
which has been published in our columns
After some preliminary remarks, Mr.. Nor.
ton said:
In the first place, Mr.. Groesbeck gives a
construction to the amendments that vir-
| tually destroys them, and propose to show
that fact. He says:
| mo State shall abridge the privileges of
citizens, or deprive any person of life,
| liberty or property without due process of
law; or deny to any person the equal pro-
lection of its laws; or deny or abridge the
right Of citizen to vote on account Of race
or color. There are in the constitution other
denials Of power to the States, and ali these
| denials of power stand upon the same foot
ing, and are to receive like interpretation
| No State shall make treaty: no STATE
| shall coin money, or emit bills OF credit, or
make anything but gold or silver legal
tender. or pass any bill of attaipder. or i'm
| pair the obligation of a contract, or grant
| any title of nobility. Suppose State should
| authorize the coinage Of money. or make
| paper money legal tender, impair the OBJ
legation OF a contract, can the federal gov.
eminent march upon that State in the first
instance with its armies! Not at all. Upon
case made the Supreme Court decides the
case unconstitutional, and so annuis it. and
its Judgment can be enforced. That has
been our practice under these provisions Uf
the constitution, as when. Tor instance, a
State impaired the obligation of contract
That we consider the appropriate or neces-
sary and proper legislation for such cases.
The construction that the federal govern
ment may break into the Jurisdiction of a
State, sword in hand. whenever a combina-
tion OF individuals, it may be. in an insig-
niticant township, violates these amend
ments. is excessive and outrageous. If
such combination should become too
strong for State. the general government
may interfere to suppress it, but not until
invited by the State"
The substance of this statement il that
the fourteenth and fifteenth amendments
can only be violated by State by passing
a law that will deny to persons the equal
protection of the laws. or that will deny
suffrage on account Of race or color. That
is his first position. Now l shall show that
it is almost wholly unfOunded. His second
position is that the remedy is to he found
in a decision of the Supreme Court OF the
United States Now that will answer in
some cases that. he mentions, but in other
circumstances, where, for instance a State
passes a law repUdiating the obligations of
contract, the la is a nullity. because it is
in violation of the constitution of the
United States, and a simple declaration of
the Supreme Court is all that is necessary:
and when a State passes law to make
paper money lega! tender, the law is null
AMI void. because it is in violation of the
constitution Of the United States, and a
simple declaration of the Supreme Court is
all that Is necessary. But if State passes
law authorizing the coming Of money
and the State actually coins money, how
will he prevent That by decision of the
Supreme Court of the United States! That
is one of the old clauses Of the constitution
that he refers to. and the remedy is that
they must be prevented by act of Congress.
making it penal offense to coin money in
the name Of the State. 1t is made penal
oftense by an enactment on the part of the |
Congress of the United States. but the |
Supreme Court can not prevent a State |
from coming money.
So in regard to the fourteenth and if |
teenth amendments. as l shall presently !
show; but when he says that the remedy |
for the violation of the fourteenth amend !
ment, in denying to any person equal pro-
lection Of the laws, and the violation of the |
amendment, by denying suffrage |
on account of race OF color. that the only |
remedy Is in the Supreme Court. Mr. GrOes- |
beck overloOks part of each amendment. |
his position utilities the concluding section |
OF each amendment which declares that |
the amendment shall be enforced BY appro-
pirate legislation on the part of Congress.
1 his is a provision in each amendment, II |
is not provision belonging to any other Of
the clauses of the constitution: it is peculiar
to the new amendments. Congress. in
passing these amendments, expressly pro-
vided that they should be enforced by an
propriate legislation by act of Congress,
and that it should not be left to the Su.
creme Court; that it should not be left to
he States for their enforcement, but that
congress was to see that they were en-
Orced by appropriate legislation This
must be considered in connection with these
provisions, and no man can read the history
II the passage Of the thirteenth, fourteenth
and fifteenth amendments through Con-
,ress without understanding that the en-
Orcement OF these amendments was not to
'e left to the States, and especially to States
o which they might be obnoxious; but that
congress reserved the power to itself to en-
0rce them. These amendments must be
considered in connection with the conclnd.
ng section Of EACH and in connection with
his cOntempOraneOus history.
MIR. GROESBECK AND THE KU-KLUK BILL.
This brings me to what Mr. Groesbeck
aid in regard to the Ku-Klux bill. He
rgued that it was a gross violation of the
constitution Of the United States, and that
hat the fourteenth amendment gave no |
over to Congress to enact that law. Mr.,
'rOesbeck then made statement to |
'hlch l would wish to call your attention.
nd L would like to call his attention to il.
lie saws:
"A previous law made it criminal TO de. ,
rive any person of any constitutional right. ,
le who committed such an offease should
prosecuted. The marshal, having at his I
,mmand all the force he might need. could
rest him, and ample provision was made 's
II his trial, condemnation and punishment =
IL that, you will notice, is judicial pro |
'eding, and right and proper. but the case 9
ere provided for is not judicial proceed q
git is war. 1t is not the marshal and his a
,sse making an arrest under a warrant,
here is no process in it and no court. 1t is c
re cOmmander-in-chief at the head of his I
my, entering the State, but not to make I
a arrest, but to cut down and slav: re-
Sat It, 1t is war. The State government is s
lshed aside the courts are shut, they are s
Of wanted: the writ of habeas corpus is S
appended, and the federal government a
'kes absolute and supreme command"
Now this is the general description Mr..
roespeck gives of the Ku-Klux BILL and |
ith all Difference to him, cay it is untrue 6
every line; Applause So far from the J
VI contemplating no court, no process. the
'ust anI legal process run through every 2
ctlon OF it, and this bill, from the first line
the last provides for judicial proceed |
gs. f'oo''' !.
Why, the first section of the hill my q
iends, provides for the Furnishing in the I
'ur.s OF the United States. aud prescribes
ie penalty for ANY person to be deprived of s
Is rights, privileges. or immunitirs securaJ 4