Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1871-05-12

thing that we are changing the character o
'he Government by endeav0ring TO repress tu-
NUTS and Instructions which are eveed against
! citizens IN order to deprive them Of that equal
protection and that right to seek justice which
the Constitution. from the nature Of it, guaran-
tees TO them, and which it in express words
: gives to them.
The thirteenth amendment provided that there
: should be neither slavery nor involuntary seryi-
tude except for crime. That w.s prohibition.
1t did not name a State AZ all. Under the old
decisions. to which l have referred, protecting
life, liberty, and property against invasion With
out due process Of law, democratic Senator's and
my friend from Illinois might have contended
that this was only prohibition against slavery
under the authority of the United States, and
that any State could nov deprive a citizen OF his
liberty for the reason that the thirteenth smend-
ment only operated as against the Government
Of tie United States as it was held under the old
one which have read.
Bat that has not been contended, and every
body knows that it would 6e secuted, for there
is adled-if there could have been any doubt
about it before-the provision that '' Congress
shall have power 10 enfor-2 this article By ap-
propriate legislation therefore, when the pro
hibiuon against slavery vas enacted and the
power Vas expressly pat into the hands Of Con-
gress to carry out that enactment, to see that It
was made eiiectull, was il rot the right and the
duty Of Congress TOO, 10 the last point Of its
power, 20 protect the liberty Of all people vher-
ever il might be assailei by that form of crime
Nobody questions it. Even my honorable friend
from Ohio who sits fsrthesJ from me (Mr. Thur
msu) l think will admit, believe he did the
cthcF day DO not know that the conversation
Wss public, although il vas business conversa-
tion-thst under tie thirteenth amendment
there is no question but that Congress msy take
all necessary means to prevent the re-esta5lish-
meut Of slavery.
Nr. Thurman Will my friend allow ne to
state exactly what my view is l have already
stated II, although not ia this debate. In my
Judgment, that provision that Congress shall have
, power ty appropriate legislation 70 give effect to
this article which IS fouul in each Of the thir-
teenth. fourteenth, aad ff.eeuth articles Of
Amendment confers no power urOn Congress
that would not exist in Congress if those words
we're stricken out OF the Constitution. They are
not particle broa Ter than the clause in the
original Constitution thst Congress shall lave
power 20 pass all laws Necessary and proper, &c
Mr.. Eluunis. Very well suppose that is
So iuasmucn a. the CLAUSE is in, have We not ali
the power tina; it gives, That is the point II
W. hsl the power, supVosing the clause we're
I out. I hope my honorable friend does not con-
tend that We have il not because the clause is
Ia. Does he!
Ms. Thurman. No, 10 not.
Mr Eimunds Very good then my purpose
I is answered and let ne tel my friend that
+ there l. vide distinction, if he will study the
Constitution @ little more closely, between this
/ phraseclogy Of the second section Of the jhIr-
tlelth art.cie a1i the Old pErase5ogy. This
says tist '' Congress shau have power to en-
force this article by appropriate .egislati0n.'
That said that Congress SHOULD have power by
sl necessary legislation 70 cs1ry into effect the
posers therein granted. The prohibitions upon
the Sistes we're not granted powers they were
deuiei powers not denied powers CT the rs
tiouAi Government, but denied powers Of the
States snl therefore the strict language Of tine
OH grant Of Vowe- 20 lezislste did Lot cover
tlose c-ses az ail.
Mr. Tlurmau-The Senator will pardon me
for saying that I think I colli convince him
that there Is 10 u ference but 1t would require
al argument, sul / 10 aoj want 20 interrupt
his speech.
Nj Elmuuds-lly friend knows that when
be goes Go IA argument or threatens one I am
always convinced 80 once. (Laughter.) But
the chic. point nov is, as my friend agrees, that
here IS, whether Necessary or unnecessary an
express grant VI T7Ver 90 as, the national Leg
isatura, 60 i-feal the lights Of citizens Of the
United States and all ilhsbitauJs Of the
country. whether citizens or not, G-lus, slavery.
Now, bow are you gong 20 40 Il. Are You
going 60 do IL 0y passing proclamation 20 Tie
State e Georgia VIXEN she may choose to re-
el-laye hcr negroes Or, a-e yCu gong 70 DO
it By making var upon her Or are you going
% DO l.. as re tv iL.s bil 80 j, u-Gar the four
teeash amendment, By lec.4riug that any man
Who ilir4c,s ,hss article shall be punished:
7n 'e- %
question. Il any Sta,a SHOULD undertake to set
un slavery, VI any man 10 a STATE should under
take 10 set it Ups oecsuse ths Old theory was thar
The States did nos Sc, it up az all, that IL was
kind ot ha-e iitary personal n ht that cane down
from the uatriErcls IN some uuleEleI wly.) my
tria-l ..1m Olso would be among the most ear
nes, opponents Of suy lszis at.lu waisi should
aii,ess itself TO the state Of Georgia. He would
SAY, s' Tie State e Georgia Sc u1t iu fault, ; she
cannot ls O STAKE be ia ituli 80 Ell, became her
cihcers. ler Legislature, her U5ve-nar, her ju-
liel4rr. sl together az such, have no power 0r
authority 90 do cay yiaGg of the sind and their
acts, therefore. are utterly void, and the people
il thsir collective clqs-i'g are lot responsible
for them ct all and you faye no right to make
war uuou the people because their officers, their
mere sgeats whom thsg have selected, have ex-
ceelel their jurisdiction and authority. Co
be would say. 20 the guilty ones address
yourselves to the criminal wn3 has violated this
article ot the Constitution ani the statutes Of the
United States by doing that which he Ccas;itu-
tiou for5.is."
Thus you Viii hlye enforced t5e thirteenth
srticle oi smen5meu-- and secured liberty and
punished slavery 1t would be an extreme case
which could Justify any other snsWer sLd In-
asmu,h as slavery is 60 9ii0us to mankind now,
gentlemen oi al political slaics would acquiesce,
and there ult no, De C. debate or a party
division upon the passage OF bill which should
prov ls for the punishment Of the act Of reiuc-
ing srv asn % slavery, under the thirteenth
amendment NOBODY, l venture to say, would
have been heard 90 cpea bis lips 70 condemn such
legislation, however much some portion OF The
people might desire to see slavery restored, or TO
question the prlpriety OF the c0nsti.uuCuaAty
Of enacting IL.
Bat wlsn yol tlss the nsx- step sui cone 10
lhs next article Of the Constitution, which Sc
cures the rights Of white men as much as Of col
orel men. you touch a tender spot IN the party
os our friends on the other side If you wish 70
empioy the powers OF the Constitution 70 preserve
the lives a1i liberties 4 white people ageiust
attacks By white people, against rapiue aud
murder and assassination snt conspiracy, cln-
t.i,ed iu order 10 drive them from the States in
which they have been born or have chosen to
se'tie' "a Ol4Sl " -
nosIy 2. --''I- . pe.--.,-.- -, -, - ~
.'r lne pu. ~, a. e,.-,i - 60 IN
~ ,,s'i ,.,-s;s ,. , ,-I+ivs.e tbs
~, ,Ls 80 .,-s1,,b of the democrste
So 80, - ~, i1s - es--,,sd ,gsir.t the
80 .-,,,-,.l;, .-i ,-1,-isry If sp,i, an act
l.i ~. ei,.s,o+L s,,e-Ir,en+ sac
-. - 49,. =; 'ls4s;,7 40 er,. ee,.;. N of
:. no.j ~ 80 II has four distinct
IL a. -, s,.sss The irst il the one uno1
-. -. .,-,,,a,,sl and w;lI now o,Iv
~
All persons norn o. n1tpTai.sa 10 ts p Cpi.ea ,l
s,,'',' Wy ~, No. st,+ss e ftie ststs yylere
H., So -o.'ic
III '''-
l have sad prtmatIFelF' IN answer 70 ~
friend from Illinois, and cut Of tle orieF OF 'he
r,-,,er lie,.izqio-, ~ this guFiecf All fhsf will