Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1874-01-29
GIV1E REGHZS.
Speech Of John M. Bright

Speech Of John M. Bright,
OF Tennessee, in the House of Repre-.
sentatives Tuesday, January 6, 1874. The
House having under consideration the bill
for the protection of all citizens in theil
civil and legal rights
Mr.. Bright said: Mr. Speaker;
propose to speak to the reason,
not to tue prejudice of this body.
l propose candidly TO offer some
reasons why | canDot vote for this
bill.
Without further preliminaries,
| will stale that / believe it is un-
constitutional, impolitic, and un
necessary; fraught only with mis-.
chief to the parties whose interests
it is intended to subserve. If the
fact be, Mr.. Speaker, that the bill
is unconstitutional, and if that
fact can be demonstrated here, that
ought to be the end of the Ques
ton. And l presume Represen-
tativas upon both sides of the
House, cOncurring in the convio
ton or opinion that it is unconsti-
tutionai, will concede that ills
bill ought not to pass. They will,
| have no doubt. manifest q pa.
triOtism that will show that they
love the Constitution and their
country more than they do any
color, race, or previous condi ion
of servitude. Permit me, then,
Mr.. Speaker, to invite the atten-
ton of this honorable body to a
few candid remarks which | pro-
pose to submit to their consider
alton.
The friends of the kill base
their argument for its support up
on the fourteenth amendment, and
! upon the second section of the
.urteenth article Of the Constitu
ton of the United Slater. The
fourteenth amendment in Its Erst
paragraph declares a dual cit;2en-
ship of the people of the United
States: first, a citizenship of the
United States; second, by citi.
zenship of the States. ln the
subsequent paragraph it provides
certain prohibitions on the states;
and | desire gentlemen to permit
me to give emphasis to the Ian
guage of the Constitution itself
prohibitions upon the States, not
upon the individuals composing
the States. These prohibitions
are intended to protect the citi-
zens of the United States aginst
oppressive legislation on the part
of the other States. The plain
import Of the words can convey
no other meaning, The language
lorbids the idea that it was intend
ed to confer OH Congress a grand
policy power over the social and
domestic relations of the people Of
the States.
Now, Mr.. Speaker, the first
proposition 10 which | invite the
attention of the House, and |
hope that the distinguished chair
man of the committee who has
charge of the bill will feel himself
called upon to answer the argu-
ment, is this: that the fourteenth
amendment confers no new grant
of power upon the Congress of the
United States. l say, sir, that
that question has been settled both
by legislative and judicial prece-
dents. | invite the attention of
the distinguished chairman of the
committee to this argument, and !
wish no evasion of it. In the first
place we have the legislative &C.
ton of this body. Mrs. Woodruff
as memorialist asked of this hon
orabIe body that it would grant
the right of suiferage to her sex.
That memorial was referred to the
Judiciary Committee, of which
the distinguished Representative
from Massachusetts Mr.. Butler
was "a member at the time. That
committee reported this as the con-
struction they placed upon the
amendment:
The clause of the fourteenth
amendment, No State shall make
or enforce any law which shall
abridge heprivilegesor immunities
OF citizens of the United States"
does not, III the opinion of the
committee, refer to privileges and
immnnilies embraced in the orig.
inal text of the Constitution, arts
Gle two section four. The four
teenth amendment, it is believed,
did not add TO the privileges or
immuuities before mentioned, but
was deemed necessary for their en-
forcement as an express Limitation
upon the powers of the States
1t had been judicially determined
that the first eight articles Of
amendment Of tie Constitution
were not limitations on the power
of the States, and it was appre-