New national era. [volume] (Washington, D.C.) 1870-1874, 1874-01-15

, suggests a doubt Of the power of Congre.
express recognition and affirmance Of sucl
power. I quote now from page 81 of th,
volume
"Nor shall any State deny to any person
within its jurisdiction the equal protection o
the laws"
SIN the light of the history of these amend
ments, and tie pervadng purpose of them
which we have already discussed, it is no
difficult to give meaning to this clause
The existence of laws in the States where
the newly emancipated negroes resided
which Disseminated with gross injustice ant
hardship against them as calss, was the
evil to be remedied by this clause, and by it
such laws are forbidden.
eff, however, the States did not conform
their laws to its requirements, then, by the
fifth section Of the article of amendment
Congress was authorized to enforce it BY
suitable legislation. We doubt very much
whether any action of State not directed
by way of discrimination against the negroes
as class, or on account Of their race, will
ever be held to come within the pmview oil
this provision. 1t is so clearly a provision
for that race and that emergency, that a
strong case would be necessary for its ap
plication to any other. But as it is State
that is to be dealt with, and not alone the
validity OF its laws, we way safely leave that
matter until Congress shall! have exercised
its power, or some case of State oppression
by denial of equal justice in its courts shall
have claimed decision at our hands,"
No language could convey a more complete
assertion of the power of Congress over the
subject embraced in the present bill than is
here expressed. If the States do not con.
form to the requirements of this clause, il
they continue to deny any person within
their Jurisdiction the equal protection of the
laws, or as the Supreme Court had said,
''deny equal justice in its courts" then Con-
gress is here said to have power to enforce
the constitutional guarantee by appropriate
legislation. That is the power which this
bill now seeks to put in exercise. 1t pro-
poses to enforce the constitutional guarantee
against inequality and discrimination by
appropriate legislation. 1t does not seek to
confer new rights, nor to place rights con-
ierred by State citizenship under the protec-
ton otthe United States, but simply to prevent
and forbid inequality and discrimination on
account of race. color, or previous condition
OF servitude. Never was there bill more
completely within the constitutional power
OF Congress. Never was there bill which
appealed for support more strongly to that
sense Of justice and fair.play which has been
said, and in the main with justice, to be
CHARACTERISTIC ofthe AnglO-Saxon race. The
Constitution warrants it; the Supreme Court
sanctions it :; justice demands it,
Sir, l have replied to the extent of my
ability to the arguments which have been
presented by the opponents OF this measure.
| have replied also to some of the legal
propositions advanced by gentlemen on the
other side; and now that am about to con-
clude, am deeply sensible of the imperfect
manner in which 1 have performed the task.
Technically, this bill is to decide upon the
civil status of the colored American citizen;
point disputed at the very formation of our
present Government, when by short
sighted policy, policy repugnant to true re-
publican government, one negro counted as
tthree-fifths of man. The logical result OF
ton strengthened the cancer ofslavery, which
finally spread its poisonous tentacles over
the southern portion of the body-politic. To
arrest its growth and save the nation we
have passed through the narrowing operation
OF intestine war, dreaded at ali times. re.
sorted to at the last extremity, like the sur
geon' s knife, but absolutely necessary to ex-
tirpate the disease which threatened with
the life OF the nation the overthrow of civil
and political liberty on this continent. In
that dire extremity the members of the race
winch have the honor in part to represent
tho race which pleads for Justice at your
hands to-day, forgetful of their inhuman and
brutalizing servitule at the South, their deora.
dalton and ostracism at the North-flew will
ing1y and CALAMITY to the support Of the
national Government. Their sufferipgs.
assistance, privations, and trials in the
swamps and in the rice-ffelds, their yalor on
the land and on the sea, is a part of the ever
glorious record which makes up the history
of nation preserved, and might, should 1
urge the claim incline you to respect and guar
antee their rights and privileges as citizens
of our common Republic. But remember
that valor, devotion, and loyalty are not
always rewarded according to their just
deserts, and that after the battle some who
have borne the brunt of the fraymav, through
neglect or contempt, be assigned to a su.
bordlnate place, while the enemies in war
may be preferred to the sufferers.
The result of the war, as seen in recon.
struction, have settled forever the political
status of my race. The passage of this bill
will determine the civil status, not only Of
the negro, but any other class of citizens
who may feel themselves Disseminated
against. 1t will form the cap-stone of that
temple OF liberty, begun on this continent
under dscouraging circumstances, carried on
in spite OF the sneers Of monarchist and the
cavils of pretended friends of freedom, until
at last it stands in all its beautiful symmetry
and proportions, building the grandest
which the world has ever seen, realizing the
most sanguine expectations and the highest
hopes of those who, in the name of equal
impartial, and universal liberty, laid the
foundation stones.
The Holy Scriptures tell us of an humble
hand-maiden who long, faithfully and pa
tiently CLEANED in the rich fields of hel
wealthy kinsman; and we are told further
that at last, in spite Of her humble ante
cedents, she found complete favor in his
sight. For over two centuries our race has
"reaped down your fields" The cries ant
woes which we have uttered have "entereG
into the ears of'the Lord of Sabaoth," anG
we are at last politically free. The las
vestiture only is needed-civil rights. Having
gained this, we may, with hearts overflow
ing with gratitude, and thankful that ou
of Ruth "Entreat me not to leave thee. OF
to return from following after thee :; fo
wither thou goest, will go; and where tho,
, lodgest, will lodge; thy people shall be m,
} people, and thy God my God; where thoi
diest, will die, and there will l be buried
; the Lord do so to me, and more also, if augh
: but death part thee and me-" [Great ap
plause.] .a.,..
! speech vi Hon. j. a. wallis on Civi
Rights la the House az ReDre
sentatives. Jan. g, lS74.
Mr.. WALLS. Mr.. Speaker, the legend
Liberty, Equality, and Fraternity, has beer
well chosen in the past as the watch-word q
J people seeking higher plane of manhoo
| l..