The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1874-06-05
THE CIVIL RIGHTS BILL.
The Senate Eliminates Bull Against a
Comet.
IRON the New York Herald. ]

IOECeut anu 10 SChtCOiJ WuAbhJ Noh-
sideration as measure likely to
have any influence upon the life of a
people, it may very profitably be
contemplated as an indication Of the
progress we have made in our de-
parture from the notions that pre-
vailed with the founders this Repub-
lie 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 princi-
pies as to believe this measure could
have the effect they propose might
be thought strange, If there was any
evidence that Senators 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 presenting for general recogni-
ton the fact that the National Con-
stitution is regarded by the party in
power as an obsolete instrument
dead letter--a compact, without
legal, political or moral vitality.
For all local Legislation, for all
domestic government, the States
we're, in the theory of the Constitu-
ton, sovereign powers, and within
their sphere Congress had no more
authority than The British Parlia-
ment while for all dealings with
foreign powers and for the regula-
ton Of some great functions Of gov
eminent which regarded the States
together as an 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 vast field Of Legislation on strict
ly local subjects that was only
within the competency of the State
authorities. Now, however, we see
the United States Senate enter this
field of strictly domestic subjects and
| proceed to legislate, not only on
topics that were formerly left to the
State Legislatures, but on topics
that were regulated by county au'
thorities, 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 preteuds to lay
down rules for the hotel keepers, to
say who shall travel in public con-
veyances, and to govern the the
aires and places of amusement gen.
orally 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' fields
for we believe those are the only
graveyards we have that are not
private property. Further than all
this, Congress proceeds to declare
who shall sit on the grand juries in
the several States, who shall serve
as petit jurors, and to lay down
penalties for the misconduct of the
Commissioners of Juries and SINH
larly strictly local officials. All this
is not merely unconstitutional; it is
absurd and nonsensical. 1t does not
merely transcend the power of Con-
gress, but it goes beyond the point
up to which the people can contem-
plate the law with respect, and, at
least, with straight faces.
In Legislation of this sort the
Senate simpsly Eliminates bull
against comet. 1t has no more
authority over tho subjects which it
pretends to regulate than the Shah
of Persia or the Emperor of China
or any other magnificent potentate
upon whose intellect his lunar rela-
tionships have had bad effect
Congressman, in so far as they are
sincere in regard to this bill, are no
doubt misled by that portentously
comprehensive clause of the Four
teenth amendment which declares
that "Congress shall have power to
enforce by appropriate Legislation
the provisions of this article. y
But one clause in the Constitution
cannot have the power to nullify the
purpose, scope aud effect Of the
whole instrument taken together. -
Perhaps the States wanted to add to
the Constitution we cannot believe
they intended to expunge it. 1t was
never supposed that a clause of
two lines at the tail of an amend
ment would abrogate the whole
grand compact and take its place.
In the same amendment it is said:
sNo State shall make or enforce any
law which shall abridge the privile'
ges or immunities of citizens of the
United States; nor shall any State
deprive any person of life, liberty
or property without due process OF
law, nor deny TO any person within
its jurisdiction the equal protection