Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-04-11


8, 1871
The House bill tqEenforce the Four
tenth Amendment and for other pur
poses, introduced by Mr.. sballebarger of
Ohio, being under consideration, Mr.
Bright of the Lincoln district, said:
MIR. Speaker, in rising to address this
honorable body for the first time, labor
under the double misfortune of having 10
speak to an exhausted patience and to
travel over burnt district of debate. Per-
init me TO say, in the outset, that it is my
purpose TO speak plainly, but not malici-
| ously. Permit me to say, further, that l
am not vain enough to believe that can
break down any convictions which are
lncssed with the fossilized crust of Sec
tional prejudice. But to our work. The
bill, though general in its form, is meant
for the South. 1t wears the mask of
colorado generality, that it may obviste
the objection of partiality. AS evidence
of this all the ordnance is pointed toward
the South, and all the angry shells go
screaming in that direction.
Permit me in this connection, in behalf
of our persecuted and downtrodden
South, TO thank our noble friends on the
Democratic side of the House, who have
thrown Themselves in the breach, and
have lowered, like pillars of State, before
the impending danger and poured down
the fiery floods of overbesriDg eloquence
and argument against our fierce sssail-
ants. can only mingle d feeble voice
with theirs.
And while am dealing in pr elImina.
ries, let me call attention to the fact that
the able chairman of the committee Mr..
Shellabargerl seemed to anticipate grave
and formidable constitutional objections
TO the bill, and he was compelled to
heave and tug with utmost vigor in at
tempting TO remove the Instructions from
his path. Not only was he forced to beg
the question by craving liberal con
struction for his bill, which is denied to
all penal statutes, but with the zeal of the
impracticable Jeremy Bentham, he
strained every principle of the constitu
ton involved in the discussion "until it
cracked" in attempting to hoop up the
enormous dimensions of his bill.
His party, too willing to yield to the
force of his logic, and being fred up
with the Munchausen exaggersfions from
the South, fear that their determine
ton has gathered such head that it may
be difficult TO lsy an arrest on the passage
of the bill. In the language of Gouver-
neur Morris:
''The legislative lion will not be entan-
| gled in logical net. The Legislature will
always make the power which it wishes
to exercise, unless it be 30 organized as
to Contain within itself the sufficient
check"
But ask, will it not be a dangerous
precedent to pass this bill when it re-
quires such coerciye logic to give it con-
sti'utionsl vent? If the right to exercise
the power be doubtful it is just rule to
give the Constitution the benefit of the
doubt. One breach IN the Constitution
for the admission of dangerous prece-
dent may prove only another Trojan
horse, which may fly ssunder and disclose
the elements of destruction.
The spec ches of the advocates of The,
bill may be divided into four parts, to-wi';
the Constitutional, the statistical, The
oIO iuC
AS 10 the inflammstory part will speak
in another connection. AS to the damna-
tory part, ! cODcede the supremacy TO
them; that they can beat us cu-sing, that
they are entitled to diplomas in the science
of maledictiOn. But let their curses fall
on my head if they can only be TRANSMIT
ted into blessings on my constituents.
As to the statistical part, in its spplics-
ton TO Tennessee, | state that it is dis
tOrted, gsIbled and exaggerated. ] state,
IS general truth, that her citizens are
industrious, peaceable, law-abidiDg,
brave, patriotic, attached to the princi-
pies of republican government, and de-
nonstrstiDg, in an eminent degree, every
day, their capacity for self-gOvernmenf.
The members of her judiciary, supreme
and inferior, are distinguished alike for
their exalted ability and incOrruptible in
tegrity; the most of whom | know, and
knowing, dare affirm that they "Would
not intrigue with Jove for his thunder,
nor with Neptune for his trident" Such
of her peace officers as / know are Vigi-
liant, active and faithful. Her govern
ment is republicsnin form, and, by the
voluntary act of her people, she has
placed the Caucasian and African on the
same constitutional and legal platforms;
and, speaking through her last Legisls-
ture, which was composed of men of
choice ability, and some of them of ma
tionsl reputation, she proved herself the
friend of peace, the foe of crime, pro.
hibiting the carrying of arms about the
person, except when going on a journey,
and pursuing Ku Klux and masked mar.
suders TO the verge of ouilawry, making
it felony TO wear mask for the pur- /
pose of intimidation, and justifying any
one for taking the life of masked as
sailsnt. Her citizens are intelligent en-
ough to understand the distinction be-
tween law and RIGHTEOUSNESS, and they
can have DO interest in provoking the
scourge of disorder.
That there may be an occasional out
rage in Tennessee is conceded; but it is
isolated, not general, or, as the physician
would say, it is sporadic, not epidemic,
and alike reprobated and deplored by the
community; and yet my colleague from
the second district Mr.. Maynard would
have you believe that
The Law shows her teeth,
But dares not bite
The affairs in Tennessee were investi-
gated more than a year ago. The docu-
mentary evidence lies deposited in tie
Reconstruction Committee room, and
being subject to his use, and he failing to
produce it, is evidencethst he has raised a
false clsmor. He alluded to an outrage
in Rutherford county. but, upon being