Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-03-29

Archie B. Fisk, claiming that he wal
elected q member of Congress from the
fourth district of Mississippi, and pro
testing against the right of all sitting
members of that State. Referred.
SheIIabarger's Bill.
Mr.. Shellabarger, from the Select Com
mittee on the Presidents messages, re
ported a bill to enforce the provisions OF
the fourteenth amendment of the Con.
stitution of the United States and fol
other purposes.
The first section holds liable any per-
son depriving another of any rights,
privileges, or immunities secured by the
Constitution of the United States fol
damages to the person SO deprived; the
proceedings to be in the United States
District or Circuit Courts under the act
of the 9th of April, 1866, and other re-
medal laws applisble to such cases.
The second section provides for the
punishment of crimes against person by
combination or conspiracy, holding
all engaged in such combination or con-
spiracy, whether principals or accesso-
ries, guilty, and liable to penalty of not
exceeding ten thousand dollars, or i'm
prisonment not exceeding ten years, or
death, at the discretion of the court;
provided that murder is punishable by
death, and an offense begun in one Judi
cial District but completed in another,
may be dealt with in either.
The third section provides that neglect
by the State to call on the President for
aid to suppress such combination, to OBJ
struct the execution of the laws, or de-
prive any class of people of their rights,
shall de deemed a denial by the State of
their equal rights under the Fourteenth
Amendment, and the President may en-
plcy the militia, or the land and naval
forces of the United States to suppress
such combination.
The fourth section provides that when
such combinations shall become SO pow
erful as to be able to set at defiance the
State authorities, or when the State
authorities are in completely with them,
the combinations shall be deemed in re-
bellion against the Government, and du-
ring the existence of such rebellion and
in the limits it controls the President may
suspend the habeas corpus, AMI declare
and enforce martial law after proclama'
ton.
The fifth section merely provides thai
this law shall have eX post facto effect.
The bill was read the first and second
time. The question was then on ordering
it to be eRgrossed and read the third time.
Debate Begun.
Mr.. Shellabarger opened the debate.
In the course of his remarks he asked,
Where was the doubt that Congress may
by appropriate legislation protect the
rights of citizens SO zealously and trans
cendently guaranteed and made sure by
the constitution itself9 The provision
guarantees equal laws and protection fol
all, and when a State denies protection
to It's citizens, Congress may by Law
enforce the provision.
Mr.. Kerr said the article of the Con
stitution to which the gentleman
referred, conferred no new grant of pow
er on Congress, nor took away any pre-ex
| listing power of the States. 1t simply de.
clared who should be citizens of the Uni
ted States. The definition of citizenship
was the same before as it was after thu
Constitutional amendment was passed
The laws and power of the Fedora
Government should not be used except a
auxiliary to the State Constitution and
laws, and not superior TO them.
Mr.. Stoughton said the relation OF the
Democrats to the Ku-Klux is similar t
that of receiver of stolen goods and
the thief. They are willing to receive
the results of murder, rapine and to help
them in their politics in this House they
are the willing champions of the Ku
Klux. The entire South was drifting in.
to anarchy. A few bad men intimidat'
the mass of the people, avoiding conflict
with the military, and controlling thu
State courts by fraud and violence.
The House adjourned.