New national era. [volume] (Washington, D.C.) 1870-1874, 1874-01-08
whatever nativity, race, color, or persuasion,
RELIGIONS Or nOlticol 81

Whatever nativity, race, color, or persuasion
religious or political.
These are strong words, Mr.. Speaker; and
if the democratic party Of the country, as
we'll as the republican party, is not pledged,
in view of these declarations, to equal civil
rights for "all men before the law" "of
whatever nativity, race, color, or persuasion
religious Or political, ;" and to protection in
their exercise by the national Government.
then, sir, words mean nothing. We arc not
bound to accept these declarations in the
sense of Talleyrand's suggestion, that Ian
guage is made to conceal rather than to ex-
press our thoughts. We accept them as the
solemn declarations OF sober and earnest
men-men who have studied the matter to
which they refer; and, repeat. they stand
committed to the principle of protection to
the citizen, and that, too, by the national
Government in the assertion and exercise of
the civil rights, without regard to race, color,
or previous condition of servitu,le.
Again, sill, it is obvious that they knew that
there was class of citizens laboring under
civil disabilities, and protested to believe
that they ought to be removed, else why put
this plank in their platform at all: Sir.
these disabilities exist, as is known to all Of
US, and painfully so to those who suffer I'M
der them. ColOred men and women are ex-
cluded from our hotels, our common carriers.
places Of amusement or resort, and our chil-
dren from the public schools in almost every
State of the Union, unless, in almost every
instance, they submit to unequal and de-
grading terms.
Mr.. Speaker, all these people ask IN equal
chance in the race of life, and the same
privileges and protection mcted out to other
classes of people in cur land. We cannot
engage in the industrial pursuits, educate cur
children, defend our lives and property in the
courts, receive the comforts provided in our
common carriers necessary to our wives and
little ones if not essentially 50 to lis; aud,
in short, engage in the pursuit of happ-
ness" as rational beings when we are cir
cumscribed within the narrowest possible
limits on every land, disowncd, spitted upon
and outraged in a thousand ways.
Mr.. Speaker, the States will not give us
protection in these matters, and we'll do
these "State-Rights" men know this. The
distinguished gentleman from Georgia, IN
derstand, processes to believe in the doctrine
OF civil and political equality for all men
without regard to race or color, 'but leave it
to the States,' says he, where it belongs :"
Let me ask him ii the State of Georgia
which kicked colored men elected to hei,
General Assembly out of her legislative halls
upon convenient but flimsy prctcxt, be-
cause of their color, would likely give the
class to which they belong equal civil rights?
The States, as such, sir, have nothing to
do with the regulation or protection of the
rights and privileges of American citizen
ship, whatever might have been the receive!
opinions or construction of the Constitution
and laws of the United States AS to Anne
rican citizenship, 1. e. as to United States
citizenship, and, if you please, State citizen
ship; and as to the status Of the negro in
this country before the rebellion, whereby
tho heresy Of almost unqualified estate
rights" was sought to be asserted, slavery
maintained, and the negro made less than
human, there can be but ore fair and com.
nonsense construction Of the organic law
at least in these respects as it now stands.
Inc th'ri a.,.Hssh tee iisti'
teenth amendments to the Constitution clearly
sets forth their purpose. When urging the
passage of the civil rights bill of 1866, in an.
other body. that distinguished jurist, Senator
Trumbull, it is said, slated that that measure
was to give effect to the fourteenth amend
ment, which was to secure to all persons in
the United States practical freedom. Nor
arc We at loss to understand what pracli-
cul freedom is. A distinguished writer says :
"Civil liberty, the grea: end of all human
society and government, is that state in which
each individual has the power to pursue his
own happiness according to his own of his
interest and the dictates of his conscience,
unrestraincd, except by equal, Just, and i'm
partial laws.-l Sharsacood's Bluckstone, 12T.
note g."
Now, Mr.. Speaker, assert that in very
many, if not in all of the States of the Union
there is no practical freedom, so far as col
ored people are concerned. Nor would there
be any worth talking about if left to the
states to regulate and Congress in the re-
cent past evidently took this view of the
matter, as is seen in the unmistakab!e terms
of the amendments referred to, and the laws
50 far enacted in pursuance thereof.
The fourteenth amendment expressly pro-
vides that "all persons BON or naturalzed
in the United States, and subject to the uris.
diction thereof, are citizens of the United
States and of the States wherein they reside ~
that no State shall make or enforce any
law which shall abridge the privileges or i'm.
munities of citizens of the United States, -
NC. and each of these amendments con-
cludes with a rroviso, that Congress shall
have power to enforce this article by appro
pirate legislation"
First, sir, there can be no doubt as VIC
have seen, that these people are citizens O.
the United States /; secondly, that they labor
under civil disabilities; third that they dc
not enjoy practical freedom, not having ''the
power to pursue their own happiness" be-
cause Of these disabilities and fourth, thai
not only has Congress the power, but it i:
made its solemn duty, in the exercise of it:
constitutional control over the entire subject
to provide by appropriate legislation" such
| full and complete remedy as is demanded
by the situation.
Mr.. Justice Field, of the United State.
Supreme Court, speaking for himself, the
| Chief Justice, and his associates, Justice.
Swayus and Bradley, in his dissenting opn
| ion in the New Orleans Slaughter-house case
| while considering the fourteenth amendment
says:
of the United States residing in that State
The fundamental rights, privileges, and i'm
munities, which belong to him as a free MAJ
and free citizen, now belong to him as
| citizen of the United States, and are not de
pendent upon this citizenship Of any State.
Sir, even the opinion Of the court in tn
case just named, and which is said to den
the right Of Congress to legislate in this mat
ter, says:
1--WE hold ourselves excused from defining
the privileges and immunitics of citizens {
the United States, which no State can abridge
until some case involving those privilege
may make it necessary to do So"
Mr.. Speaker, in conclusion, let me say tina
it must be clear to all that Congress has tn
power to regulate this matter by law, excer
to those who construe that instrument fC
the purpose Of evasion that humanity an
Justice require that we shall do our Who'll
duty in the premises toward people ,wh
have suffered long wears of oppression in tb