The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-05-24

negroes which has just passed the Senate can
never be enforced and is scarcely worthy con-
sideration as q measure likely to have any in
fuence upon the life of the people, it may
very probably be contemplated as an indica-
ton of the progress we have made in our de-
par;ure from the notions that prevailed with
the founders of this Republic touching the
distribution Of power between Congress and
the State governments. That men who had
spouted politics long enough to get themselves
sent to the United States Senate should be so
little acquainted with the operation of political
principles as to believe this measure could
have the effect they propose might be thought
strange, if there was any evidence that Sena-
tors believed the bill likely to have the effect
they pretend to desire, and if it was not on
the contrary, clear that they vote only to
make record for their party claims to negro
favor, and merely as kissing the dust on the
shoes of the negro voter. But the very fact
that republican party vote in the Senate can
be given for this bill is instructive as present
ing for general recognition the fact that the
national constitution is regarded by the party
in power as an obsolete instruments dead
letter. compact, without legal, political or
moral vitality.
For all local legislation, for all domestic
government, the States were, in the theory of
the constitution, sovereign Powers, and
within their sphere Congress had no more
authority than the British Parliament; while
for all dealings with foreign Powers and for
~ IS fop Ct;C Of
eminent which regarded the States together
as on aggregate sovereignty Congress was
alone supreme. 1t was always difficult to
draw the line as to all the facts affected; some
would be claimed as on one side, some on the
other; but the widest flights of assertion of
Congressional supremacy still admitted that
there was a vast field of legislation on strictly
local subjects that was only within the compe-
tency OF the State authorities. Now, however,
we see the United States Senate enter this field
of strictly domestic subjects and proceed 10
legislate, not only on topics that were formerly
LETT to the State Legislatures, but on topics
that were regulated by county authorities, by
boards Of supervisors, and even by the more
strictly local boards of police and excise. In
the first section of this bill for civil rights
Congress pretends to lay down rules
for the hotel keepers, to say who
shall travel in public conveyances and
to govern the theatres and places of
amusement generally; to legislate for our
common schools, colleges hospitals, insane
asylums and charitable institutions generally;
nay, even to declare who shall be buried in
our potters felds--for we believe those are
the only graveyards We have that are not pri-
vate property. Further than all this, Con-
gress proceeds to declare who shall sit on the
grand juries in the several States, who shall
serve as petit jurors, and to lay down penal
ties for the misconduct Of the Commissioners
of Juries and similar strictly local officials.
All this is not merely unconstitutional it is
absurd and nonsensicaL 1t does not merely
transcend the power Of Congress, but it goes
beyond the point up to which people can
contemplate the law with respect, and, at
least, with straight faces.
In several States where the sale of alcoholic
beverages is forbidden by statute it has been
attempted at different times TO plead the
license given by the United States internal
revenue authorities, as comforting right to
sell liquor that was superior to the State laws
against that traffic. But the decisions Of the
courts have been uniformly to the effect that
the general government only taxed the COM
mercial enterprises it found in existence in
the several States, and that its license was a
receipt for the tax and protected against
second collection of the same sum, but
did not and could not give any
rights as against State laws, which were abso-
lutely supreme on such subjects And that is
evidently the correct position as to innkeepers
beer pedlers, stage drivers, menagerie and
wax works owners, keepers of graveyards,
lunatic asylums, cremation furnaces, &C.
These gentlemen have no official knowledge of
Congress Albany they know, and the City
Hall they know, and some of them are even
acquainted with the mysteries of the Tombs
and Mulberry street; but Washington is as far
beyond their comprehension as the transit of
Venus. If innkeepers were licensed to keep
open houses of public entertainment by the
general government, and not by the excise
boards, Congress and not the local authorities
might dictate how they should manage their
houses, and stipulate what they should do
with the mouldy cheese and what with the i'm
possible butter If the statutes incorporating
our railroads were made at Washington, and
not at Albany they would, perhaps, cost
more, but we could understand that Congress
would then have the power to add
to or take from them. II our COM
mon schools and our public hospitals
and our pauper graveyards were purchased
and supported by taxes levied on the whole
people of the United States it would be but
rational that the national Legislature should
have the right to say who should be taught or
physicked or buried in them. But as Con-