Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-01-28
CIVIL RIGHTS.
Speech OF Hon. John ID. &. Atkins, of
Tennessee, I'm the House of Repre-
senfafiyeS. Ian, z, 1874.

4
the Civil Rights bill, Mr.. Atkins said:
Mr.. Speaker: In contemplating this sub
ject | am not unmindful that it is particu-
larry invested with historic sensitiveness
which refers to the most bitter memories
and tragic periods of our country's annals.
That sensitIveneSs arises out of the rancor
| OF party spirit, sectional animosities, and
| the prejudices of race which our former pc
| culiar institutions entailed. / would that
| these memories were forever buried in the
| deep ocean OF the unremembered past, and
that If they leave any influence whatever
behind them they may serve to guide us as
a nationality in our future course, as the
rays OF the sun having set in storm and
tempest still linger in fitful beams to light
the pathway of the benighted traveller as he
is homeward bound.
There are now no longer any sections, it
is true; but the political communities
called States still live. That Ominous par
allel, however, which so long disturbed the
repOse of the people of these States and
embroiled our legislative halls in angry
| discussions and tempestuOus scenes, and
| finally eliminated in the bloOdiest drama
OF the shook Of Time" has disappeared for
ever from the cOuntry's political geography,
and no longer stands an impossible barrier
to broad patriotism and true American
| craftsmanship that rises above the atmOs-
phere Of mere partyism and embraces in its
faith one flag, one country, and one cOnsti-
tuition. To that complexion have we all
come at last.
Turning, then, our backs upon the mad
passions that existed in the past, and cast
ing behind us every unpleasant recollec-
ton, now when the surging pillows of
| party strife seem to be spending their forces
and are ''retreating to nothingness;;" when
the era Of good feeling is dawning upon
the land, and men who were lately enc
mics are unfolding their hearts once again
to each other; when, but yesterday as it
were, they were locked in the cold, dark
chambers Of vengeance and hate, why may
not we take counsel with and accord to
each other, no matter what our anteeedents
may have been, perfect sincerity of pur-
pose, and that we are all guided upon this
and ali kindred subjects by the light in
which We view the Constitution and the
best interests Of a common country? From
this broad standpoint alone would view
this issue, and by it direct my humble
course III the march Of passing and coming
events.
II is trite political maxim that the
| EleAliA Ol
| politics is a written Constitution. The
idea is of peculiarly American Origin-one
| deeply grounded in the affections of the
people, and is older than the Government
| itself, being born in the heroic age of the
Revolution.
| The Constitution 'of the United States
is a trangible and well-defned chart of
| principles which in time war NAV rest in
al iof,
| in times Of peace is active, living, and can
not be disregarded or violated with safety 10
the bOdy-pOlitic.
In the division and distribution of pOliti-
cal powers in this country no party has
ever yet seriously denied that all power is
inherent in the people, and that all govern
meIts which have been established exist
and have their foundations laid in the con-
sent and sovereign will Of the people who
are governed; that thirteen of these United
States existed before the Union was formed
| and were Independent Of each other; that
| they owe the existence Of their State gov
| ernments to the people of those States re-
| spectively, and that tine Federal COnstitU-
ton, made by delegates from these States
and ratified by the people in their corporate
capacities, each for ITSELF constitutes the
| Government Of the United States, possessed
! only Of certain written powers and such
| implied powers as are essential TO the exc
| cutiOn of these expressly granted. The
Government Of the United States has no
original sovereignty and can only exercise
| delegated powers, all other powers being re-
| served to the States or to the people. Arti-
Gle 10 of the Constitution reads as follows:
| Thep powers not delegated TO the United States
| BIZ the Constitution, nor prohibited By it to the
| States, are reserved 70 the States respectively,
| or 70 the people.
Now, then, with this chart of enumerated
powers before Us, and which claims our
sworn allegiance, gentlemen will excuse
me for respectfully asking to be referred to
the article, section, or line of that instru-
ment which authorizes Congress TO enact
such law rs this bill proposes. If such
authority exist, surely the learned jurists
and eminent statesmen Of the Republican
parry can point il out specifically. OF
| course the fourteenth and fifteenth amend
ments are cited as authority. Of late they
have become the fruitful mother of brood
of uSurpatiOnS, public wrongs, and infrac-
tiOns Of the rights Of citizens. Of the
amendments l will speak presently, and
only now enter my denial that such mon
strous powers are derived from that source.
Let us first look 4 little into the legal
and political analysis OF the term ''citiZen-
ship" Citizenship OF the United States is
acquired by birth, or by being naturalizeJ
under the laws Of Congress, and such citi-
zen may have no particular dOmicile, but
may live in foreign countries or on the high
seas. That citizenship does not include
all the rights belonging to the people. If
s0. what means the language of article Q of
the Constitution, which reads:
The enumeration in the Constitution OF GER
tain rights shall not be construed TO deny or dis
plrage others Elined by the people.
From this it is manifest that the people
retained rights not granted TO the Federal
CONVENIENTLY the Constitution, and hence
are not proper subjects OF legislative con-
troll by Congress, rs it has no power unless
derived from tie Constitution. | grant,
under the powers Of the Constitution, that
Congress has a large circuit of jurisdiction.
and yet it is comVIsSed by definite limits.
Article 10 plainly shows that the States
and the people have reserved rights, and
that those rights consist in every form of
right known to society and to humanity,
ana which are not mentioned in the Con-
stitution. Many Of our fathers whose palri-
otism or intelligence and public service
would not pale before the gushing patriot
ism and craftsmanship of to-day,
thought that enough power was grant
ed to the Federal Government
to secure the objects for which It was Great
ell, to-wil: Tie protection of life, liberty
and property. They are comprehensive
and varied, and vet how definite! 1t may
seem a little o'd-fIShiGned and out Of style
to recur TO rudimen;ary principles, but the
day will come, hope, when reference 70
the Constitution will be more fashionable.
And first and above all, the citizen turns to
| that great English and American right,
which cost England many years of inter
! nacinc war, and the blood of her braycSt
sons and PUrest pairiOts-tLe eyer-sacred
| imminent of the writ of habeas cOrpIs.
| This IS truly the corner stone Of the temple
| of American liberty. To be secure in his
person and papers from unlawful searches
| and seizures; in the right If trial by 4 jury
81 his peers; in the right Of petition, and in
| the freedom Of tie press and
OF speech; exemption from bills
| Of attainder or &C post fdc-
20 laws; fiom capitation or direct tex,
unless ia proportion to census or enumera-
tiOu previously AIKEN: the freedom of trade
and commerce between the citizens Of the
different States: the right to demand COM
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