Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1871-04-01


that the failure TO secure them is Just cause
for the overthrow of any government; that
when they fought out Gu eight years war on
that issue, pledging 10 its maintenance life, Tor
tune, and honor, il cannot be believed that when
thev came to set up their own government they
established one which did not secure these ends
and which, therefore, by their own showing,
ought instantly to be OyerthrOwn. The Declar-
alton is the sublime interpreter Of the constitu-
ton Over every line, syllable, and letter of the
constitution the Declaration of Independence
sheds its flaming torch-light. To secure these
rights, equality, life, liberty the pursuit of hap
pinesS, this government was instituted among
men. The power of the executive, the power OF
the judiciary, the power of the legislature, all
these are conferred, and conferred only, to Sc
cure these rights. Between the lines, cleaning
through the page where all these powers are
found, are the words "and this power is con-
erred TO secure these rights"
This was no new doctrine. The principle of
equality was new, so far rs regards its public
assertion by any people, But the Others were
old as Magma Charta, they were old rs the prin-
ciples of the common law.
There came into my possession in my youth
a copy of Lord Coke'S second institute, which
had belonged 10 James Otis, and which con.
tanned his autograph. On examining it found
certain passages underscored. For the purpose
Of his great argument in the ease of the writs
of assistance, where he dealt with all the funda-
mental questions Of government and civil lib
erty, that great Isaiah OF the revolution had
marked in this book, which he held in his hand
when he made the argument, one passage among
others,
1t is the passage where Lord Coke asserts that
Magma Charta is not new grant of right, but
the declaration of the old fundamental common
law privileges of Englishmen. Magma Charta
enumerates especially the rights, all now in-
volved at the south, of life, personal security,
and private property. So, sir, William Black
stone, in several passages which have before
me, asserts, distinctly and positively, that the
right TO life, liberty, and property are rights
which the government owes to the citizen and if
the citizen fail to receive from the government
his obligation to allegiance is gone.
The preamble to our constitution also, Mr..
Speaker, in no doubtful language declares the
same principle. have heard it stated by able
and clear headed men that the trainers of the
constitution assumed that the state govern
ments would secure to the citizens these funda-
mental civil rights, and that it was not their
| purpose TO deal with them in forming the ma
tional Union, that that Union was for purposes
of commerce. Now let the constitution itself
answer:
1--WE, the people OF the United States, in order to
form more perfect UniOn establish Justice, insure
domestic tranquility provide for the common de-
Tense, promote the general welfare, and SECURE the
blessings of liberty to ourselves and our posterty
do ordain and establish this constitution for the
United states of America.
Now concede that the preamble 10 the con-
sttntion contains no grant Of power; il au-
thorizeS congress to secure the blessings of hber
ty 10 ourselves and our posterty only bY Tie
means Hhilh lhe constitution itself provides;
but, sir, in constituting the powers atf1rmatively
| granted, YOU must do it remembering the pre-
| amble sets forth what those powers were intend
| ed to accomplish, and any limitation of those
| powers short of that accomplishment is contra.
| dicted by the preamble itself. We ordaln and
establish this constitution, say the fathers, in Or
| der thereby that Justice may be established, in
order thereby that the general welfare may lie
| promoted, in order thereby that the blessings of
liberty NAV be secured to ourselves and our
| posterity. Now who shall dare so limit the
| powers lolfensd b. that Instrument as TO say
| that under 1t any lesser authority exists which
| may establish injustice, which may promote the
| welfare of a class al the expense of the rest of
the people, or which may deprive ourselves or
| our posteiity of the blessings Of liberty,
| l come now, Mr.. Speaker, to the consideration
J OF the body ~ tie ,ustrumelt The gentleman
| from ONO lAlr, Shellabargerl said yesterday
that we were entering upon an uneXplored field,
and that is true. The reason is manifest For
the first seventy Yeag1 a,tet the adoption of the
constitution every attempt to carry out logically
and give logical exposition of any provision for
the maintenance of civil liberty was laet ut once
by the frowring blGsk wall of slavery. The mo-
ment any statesman or any luriSt asserted the
general principles of the right to life liberty,
and property, or the Fundamental rights of man.
kind, he was met by one large section Of the
| country with the objection, how is this logic to
affect our slaves? And Tor that reason these
powers for the tlrst serenity years have Been like
a baadaged limb, unused and stiff. Now, when
we have stricken out this one illogical contradc.
ton OF every principle contained in our ceEstitu-
ton, and when instead of il re have tusel ted the
great aug sI5lil4e PRINCIPLES Of the thirteenth,
| fourteenth. and fifteenth amendments, now,
when we have taken this new departure in the
constitution, which is TO bind this republic for
| hundreds and thousands of years we foudly
hope, which shall bird It When il shall have
| spread oyer the continent, and, in good time,
| over the Islands of the sea, are we to bind this
great people by the habits of construction which
| existed during the FIRST eeYelty years of this
country, when this contradiction TO all OF these
| principles existed in one part of this republic
Now, MIR. Speaker, taking q general view Of
the instrument, what 90 We find therep The
| powers gwen to congress by the constitution
may be classed under two general heads: pow
ers given for the protection of commerce. pow
| ers given for the protection and preservation of
the fundamental evil EigAts oi man.
hut the very simplicity and Comprehensive
ness of the provisions of our constitution for
| the protection of personal liberty aed civil
rights shows the superior care which our fathers
| had Tor the latter. They provide that congress
| shall guaranty TO the states a republican form
ofgovernment and it shall have powers to pass
all laws necessary to carry into eilect all the
| powers gral,ed by the Instrument They did
not say-as in the case OF the enumeration of
the powers necessary for the protection of COM
| merce, congress may aeQafe martial law in
certain cases.T And why Because when the case
| arose the inference would have been that in such
cases there would have been no other remedy.
| They did not saw that congress might establish
| certain special tribunals when necessary for
| then the inference would have been that this
was the only method of protecting civil rights.
! But they gave The broad power to congress to
| guaranty republican form of government,
| leaving congress to judge Of the necessity and
determine the method of its exercise,
And in this connection ! desire to cite the sol.
emn words of Chief Justice Marshall, in his
great judgment in the case of McCulloch against
Maryland. He says;
"Alsp never forget that it is constitution you
are Interpreting"
II is not a deed. It's not o will, 1t is not
| limited power. But when You interpret the
constitution of the United States you are declar-
ing the extent Of the vitality, of the living
power of nation, of being with life, with
strength, with health, with immortality. And
the first law OF your Interpretation must he, of
course, that which makes for the health and life
OF the nation, whose powers you are declaring.
| desire now to call your attention very
briefly to the effect Of the great clause which
happily we have had little occasion TO discuss,
making it the duty Of the United atates to
| guaranty 10 every state republican form of
| government This is sometimes discussed as if
1t were the form, and not the substance, we
were to guaranty. Gentlemen say to us: "Why,
the states of the south have constitutions re1ub-
| lican in form; their representatives are chosen
| by Their whole people; they have judieiarS
| they nave provision ample and perfect in form
| for the projection Of every civil right"
| But, Mr.. Speaker, 1t is not form that we are
| instructed to guaranty. 1t is not only a form,
but form in force as a government, operating,
ruling, carrying into effect, securing, Establish
| ing the great rights under which the people to
| whom it applies are to be governed.
| Now, there may be a government perfect in
| form OF repubicanism as any government which
the wit of man can devise; still it may fail 10
be a republican form Of government. Take the
| state Of South Carolina for example. In that
state by the last census, believe, more than
three,ffths of the entire population were negroes
In that state, suppose, considerably more than
thrce-fIths of the entire population are republic
cans. Now, suppose that in that state, with its
c. Institution providing for trial by jury provid.
ing an independent Judiciary, providing for
equality of civil rights, providing for the right
to vote and to hold Office of every citizen, there
| should be a conspiracy upon the part OF GER
| r A. -