Semi-weekly Louisianian. [volume] (New Orleans, La.) 1871-1872, 1872-02-11

know him not. really should n
to have him declare himself
will cheerfully yield the floor =
one who is willing to decla,s 3
doubts of the constitutions,
the civil rights act. latter Sa;s,1
a moment. Sir, there is M
ator who doubts it.
| Now, how can any Senato.
cognizing the constitutional,
the civil rights act, doubt tho
Elementary measure introducAa
me ? Each stands on the sam.
tom. If you doubt one, you NJ.
doubt the other. If you 60 ay,;,'
my amendment, your nez, m,s
H01X
should be to repeal the e,;,,,
civil rights act as inconsistent =
the Constitution. Why does ),
my excellent friend from N,,.
bring forward his bill 4? WIZ
he not invite the Senate q a.
mence the work of destrucSs !,
tear down that great rynssa
statute ? Why is he silent. ",
does he hang back, and dir4s. !,
his energies against the supplement.
airy measure, which depends abso.
lutely upon the same consttut,u
power ? If he is in earnest as,i,s
the pending amendment, be nm.
show the some earnestness ac,,,
the original act.
When 1 assert that Congress b.,
ample power over this question
reply upon a well-known text ohs,
cited in this Chamber, often cited
in our court-the judgment of the
Supreme Court pronounced BY
Chief Justice Marshall in the case
of McCulloch Us. State Of MARYLAND.
fron which l will read brief para
graph:
But the argument on Which |
most reliance is placed is drawn
from the peculiar languarge Of tbs /
clause. Congress is not empowered
by it to make all laws which ma,
have relation to the powers con- |
ferred on the Government, but such
only as may be necessary and p0yT
for carrying them into execution
The word necessary is considerel
as controlling the whole sentene
and as limiting the right to Pc
laws for the execution of the graz
ed powers to such us are indispg,
sible, and without which the povg
would be. nugatory, that it ezcluls !
the choice of means, and leaves
to Congress in each case, that only
which is most direct and simple.
The words show how the cas-
was presented to the court. Herr
is the statement of John Marshal:
eve admit, as all mustadmit, that
the powers of the Government are
and that its limits are 20; |
to be transcribed. But We think
the sound construction OF the Con |
must allow to the national
Legislature that discretion with II
,pect to the means by which the
powers it confers are to be carried
nto execution, which will enable
hat body to perform the high d.
les assigned to it i'll the manner
most beneficial to the people. Let
he end be legitimate, let it be with
n the scope of the Constitution
nd all means which are appropn-
tie, which are plainly adapted to
hat end, which are not prohibited
ut consistent with the letter and
pirit of the Constitution, are COL
titutional.' Il Wheaton's Repor:,
ages Alb, 421.
In other words, the Supreme
)ourt will not undertake to sit IN
on the means employed
~ Congress in carrying out a
power which exists in the Constlt1-
ion. Now the power plainly exists
n the Constitution; it is to abolish
lavery, and it is for Congress In y
discretion to select the means. A.
eady it selected the civil rights Ia"
S the first means for enforcing tns
BOLTON of slavery. [ ask 1t %
elect the supplementary bill no"
ending, as other means to eniorc9
nat abolition. One of the letters
nat l have read to-day from j
'ading colored citizen OF George
aid: when that becomes q 10"
ne freedom of my race Will llsH
e complete" 1t is not compiS'
ntil then, and therefore, IN sec"i'
lr that freedom. in other words u