Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1871-04-26
Enforcement of Fourteenth Amend
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; Remarks Of Hon. c. w. Willard Of Vermont,
tn the House Of Representatives., April Q,
1871.
III r. No 500 to enforce the provisions Of the four,
teenih amendment 10 the Constitution OF the Chi'eo
states and for other purposes
, Mr.. Willard said:
Mr.. SPEAKER | have sought the oppor-
tunitv of giving in the brieiest possible COM
mass the reasons which influenced me at the
/ outset to oppose not only the original propo-
sition offered by the distinguished gentleman
from Ohio, Mr.. SHELLABARCER.I but the
proposition aiterward reported by the select
committee and also the reasons which now
influence me to support the amendment which
was moved to the bill on yesterday by the
gentleman from Ohio, Mr.. SHELLABARGER,
and TO vote for the bill should that amend
ment be adopted And | do this because it
is proper at any time, and especially when
such measure as this is under consideration,
for any member of this House to put upon
record bis opinions as to the powers that be-
long to the Government of the United States.
Ii has been frequently said in the course
of this debate that government that cannot
protect its citizens wherever they may be Is
unworthy the name Of government, and that
if our Government cannot protect Its citizens
everywhere it is unfit to be called Govern
ment. The logical deduction on the part of
those who have presented the proposition Is
that as this is a Government, therefore we
can do anything. Now, | hold that the
Government Of the United States exists only
bv virtue of and under the Constitution of
the United States that it has no single
power and no combination OF powers that
are not given to 1t by that instrument. When
we ask on this floor or elsewhere what the
Government of the United States can d. to
ita aitI we
Constitution for the answer to that question.
We NAV 90 to the extent of the powers
granted we cannot 90 one step beyond,
even if those powers come short, totally
short, of authorizing US to give due ana ade-
quate protection TO the citizens OF the United
states.
One thing more | am not Of the opinion
that the war for the suppression OF the late
{ rebellion. as such, has changed IN any manner
the Government of the United States. There
were prior to the war two different interpret
ations of the Constitution Of the United
States one that it was a compact between
States. the other that it was a Constitution
, of the people: and so far as the war has
settled anything it has doubtless settled that
great question, and established the PROPOSE
ton that this Government Is Government
Of the people and that the Constitution Is
not compact between the States. But,
4
been made to it. the Constitution to-day Is
the same that it was in 1861 aside from
those amendments the powers OF Congress
tie powers Of the Executive, the powers OF
, tue judiciary are the same to-day that they
were before the rebellion. Nothing even in
the cons tructiOn Of the Constitution can be
regarded as settled by the war, eS cept that
, states cannot secede from the Union at
pleasure and that there Is and was in the
Constitution a grant Of power sufficient to
prevent bv force such secession; and when
We are discussing what the Government may
now do we mast still 20 back to the written
description Of those powers.
have been educated To believe that there
was clear and well-deined line between
the mowers Of the General Government and
the powers Of the States that what the
General Government might do was plainly
set forth in the Constitution, and that out
side OF that the people and the States had all
power and | hold TO that belief 70 day.
And IN no respect has this boundary line
been clearer than upon The subjects con-
corning which We are now proposing
to leglslate On this point there has
hitherto been but one opinion, and that has
been held and acted upon and declared by
every department Of the Government. The
internal affairs OF State, IT. police regula-
tiOns and all laws tor the protection OF
society or the person aud property OF lndi-
gIduals against lawlcss violence, are matters
Of State concern, and entirely outside OF any
powers conferred upon the General Govern
ment Certain specified crimes, as treason
and cOunterfelting and Oiienses against the
laws OF the United States, the General Gov
eminent has jurisdiction Of and can punish
but 1t can no more punish Uhcnscs against
tic aud prop .rty, a. such, than 1t can reEu-
late the distribution OF the property OF estates,
the enforcement of civil contracts, the matters
Of taxation, or the proceedings IN courts, IN
the States The individual, Tor all purposes
except for the purpose of carrying into effect
the Constitution OF the United States and
the laws made In pursuance thereof, looks
/ to the State government Tor protection, and
can have it nowhere else and IN the minds
Of those who framed the Constitution proba-
bly no belief was firmer than that tor all
time it was much safer to leave the States to
protect the rights of the people than to
place that duty upon the General Govern
ment. | believe that in this they were
especially wise but whether wise or not, /
have no doubt that they had that opinion
and made the Constitution to conform to 1t.
Now | come Immediately to the PROPOSE
ton before the House. And here | call at
tention, first, to the bill originally introduced
by the gentleman from OHIO, Mr.. SHELLA-
BARGER In the first section OF that bill IS
this description of the offense which he pro
poses shall be punished by the laws OF the
nited States
Iftwo more persons shall, within The limits SO, OF
act against the person, property, o. nights 81 an
other, which act being committed WITHIN the limits
of State would not be punishable As a crime
against the laws OF the United states, but winch, II
committed in any place or district under the sole
fbeTe0f IN force at the time OF such conspiracy and
tffpn pr q 81
shall do any act to effect the object thereof, the par
tie. TO said conspiracy shall be deemed guilty OF
Felony and on conviction, shall be liable 10 "a pen
atty OF not less than 500 and 70 Imprisonment not
exceeding ten years Prortdtd- Ihat II any party
or parties to such piracy shall, IN tmthcrance
Oi such common design, commit murder, such party
or parties guilty shall, upon conviction thereof,
suffer death
Now, sir, it occurred to many other Re
publicans upon this floor, that this provision
gave to the United States courts jurisdiction
Of every criminal offense that could be COM
mitted anywhere within the limits OF the
United States that it practically abolished
the criminal jurisdiction OF the State, absorb
ing it all into the United States courts. Be
lIeving this to be the force of that provision
in the original bill, | could not assent to it.
The special committee, after considering this
provision of the bill, reported 1t IN this
modified form
That if two or more persons shall, within the
limits of any state band conspire, combine to-
eeIher To do any olation OF the rights, priv
fieses or immunI of any person, TO which he Is
entitled under the Constitution and laws OF the
nited States which, committed within a place
under sthe sole Jurisdiction of the United States
would under any law of the United states then l.
force constitute tbs crime of either murder, man
slaughter mayhem, robbery, assault and battery,
perjury subOInatlOn OF perjury, criminal obstruc-
ion legal process resistance OF officers IN DIS
charge official duty, arson, or larceny ana II
one OF the parties to SAID conspiracy or
combination shall do any act 10 effect the object
thereof, all the parties TO or engaged IN sand con
splracy or combination whether principals or ac-
cessores, shall be deemed guilty Of felony and,
upon cunvlctnn Thereof be liable TO penalty of not
exceeding Slv,OOO OF TO imprisonment not exceeding