New national era. [volume] (Washington, D.C.) 1870-1874, 1873-12-18

II this country was greater and Crander
than any other, il was because every citizen
from the most prominent % the humhlest
took 10 himself becoming pride and salts,
action in knowing that he was eligible TO any
office within the gift Of his coun,rvmen.
Many had spoken of his life. Perhans he
had lived little fast, but il il was to be gone
over be would make IL Just what IL had been.
He was proud Of the fact that he sprung ont
fran the roots Of the American people.
Mr. Pinchback then retired. and the CON
,eution unanimously passed 4 vote OF thanks
70 him for the able and impartial manner in
vh:ch ho had DISCHARGED the duties of rrosid-
Il o'iiJcr.
The convention then took a recess for one
hour 10 allow the members 10 pay their re
.:a,ts 10 President Grant.
Visit 90 the Executive.
The delegates then proceeded in body
n the Executive Manson. TO pay their re-
>gects TO the President. They were received
n The hluc-room by His EXcellcncy. and Mr.
T.. T Downing, first vice president Of the
convention, on behalf Of The delegation. adj
dressed him rs follows:
"pRESIDENr GRANT The convention of
,,,orci men representing every State in the
In.gn has been in session in this CITY Cor n
few days, presided over nv Mr.. Pinchback.
who regret is unable 10 be with us, his du-
ies calling him elsewhere. | have been
Iepu.izci by the members TO tender TO Won
The kind feeling of the members. who eyprcss
n. entire sentiment of the colorcd rcop!c of
the land. for the valuable services Won have
rendered them during Your life. By what
has already been done We begin TO feel that
he country has nearly arrived at that state
le,icncd ~ our forcfathcrs, that all men are
created free and equal. The convention has
a,.cnih!ed to express our grievances, and
SIX o! Congress 10 give us relief; and from
tic expression of YOUR sentiments, given by
YOU in your inaugural address. we have no
,!ouh; that such relief will meet vour approval.
In tie name oG the colorch race. thank YOU
Tor such cNiIy>>ion.'
Prcsidcn, Grant, in replying, said Il am
very clad - receive the convention and listen
70 your remarks. | have ALWAYS believed
that cniraEchiScncnt and equal rights should
accompany emancipation. These rights should
have followed without legislation. II is
unfortunate that any enactment is necessary
20 secure such rights, but existing prejudice
seems to have rendered Unnecessary. j hope
the present Congress will give the relief YOU
seek
Mr. Downing then said: Il thank YOU,
Mr. President. for the full expression YOU
have made and the sentiments YOU enter
tam"
Each dclc.,a,e ihen advanced and was PEE
,cnted 10 the President. and, after this
reception, they returned 10 the convention
and resumed the consideration Of business.
After the recess the convention reassem-
lled with Mr.. George 4. Downing in the
chair. and, after some routine business of IN
un!mportant nature, the address to the Amer
can IcOplc WAS read. as follows
DECLARATION OF IRiNCIpGE,.
re committee on address 10 Congress
and the American people made a report.
which Mr. Downing proceeded to read rs
follows:
We regret the necessity which cnmpcls lis
10 again come before YOU and say we are
aGgricycd. We are authorized to say 10
those in authority, to Congress and to the
people whom it represents, that there are
nearly five millions of American citizens who
are shamefully outraged, who are thus treated
without cause. The rccOgnitiOns made within
4 few years respecting, in part, our rights
makes us more sensitive as to denial of the
rest late declarations recognizing our en-
titlemcnt to all of or rights. and vet
ihe Withholding of these make the crjcy-
Inces even more intolcrable. tnr .rirv-
inces are many; our inconvenience
through the denial of rights are great; but
we shall refer ONLY f. those that may he
Affected through the action Of Congress by
,tatutes forbidding them under penalties.
We shall take it for granted that action
vii be had by Congress, protecting us from
nvidiOus distinctions in the enjoyment OF
common carriers, hotels and other public
places Of convenience and refrcshmcnt, IN
public places of amusement, notwithstanding
Il ti,att bara n n
made L. Federal action against dscrmina-
ton as to race and color in the management
Of public instruction, and in cmpanneling
luries; the objections alleging that il is un-
for Congress to !cgislate 10
effect these cases. We propose to notice
these objections briefly. They came from
lawyers, who like men in other callingS have
these thoughts circumscribcd by their train
ing and habits. We do not feel bound in 4
matter involving rights TO be circumscribed
thereby. Language should he used when
ever il NAV without outraging il, to best sub
serve
EQUITY AND JUSTICE.
A decision of the supreme Judiciary is
binding and irrev0cable as affecting the par
tcular case adiudicated, but is to be regarded
only as a light which may be used, nay,
should be, in anv other case before that jul
dietary, to assist IN finding a proper solution
Of the case; il has no important binding force
on any subsequent case. The lorce OF re-
corded decisions as 10 the powers OF Con-
gress are somewhat impaired because they
were rendered under bias or influence vary
ING from the present. The interest OF sla-
very, q State institution, was so great and
overshadowing as to subugate church as well
as State; the morality as well as the law OF
the land. Decisions were rendered in its
interest. 1t was ever keen, active, resolute,
extremely sus pcious. The State right theory,
one essential TO slavery, was persistently
urged; how it was adhered to may be seen in
its producing the late rebellion, its grave
yard.
Therefore tire bearings OF legal minds,
through decisions and opinions made pOpu-
lar by this State rights theory, must not be
permitted to have the controlling sway some
lawyers are disposed TO give them. Hence
We are emboldencd to take exception TO the
theory that Congress may not interfere, cX-
ccpt in the United States courts, TO secure
TO citizen an impartial jury. We affirm
there TO no prohibitory clause of the Constl-
tuition DENYING these rights; on the other
hand we affirm that ii ranges itself among
the powers delegated Congress at least by
implication. that il is 4 power inherent from
lis character and supported by the prime
pies of common law. 1t is in maintenance
of national right. Wcare at loss To find
the part of the Constitution which admits
a far IL hoS zone