The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-01-11
learning to attempt TO prove. by eta
tions OF authority, that, up TO the edop.

o1yo1u the very lew express limitations
which the Federal Constitution imposed
upon the States, such, for instance, as
sne Prohioihon. against &c post facto
laws. olils OF attainder. and laws impair
ing the obligation OF contracts. But.
with the exception OF these and few
other restrictions, the entire domain of
tne privileges aud immunities of citi-
zens OF the. States, as above defined. Law
within the constitutional and legislstive
power OF the States, and without that OF
the Federal Government.
The court, then, in reference to the
powers OF Congress to pass municipal
laws as proper remedy against the ex-
eerclse OF powers prohibited to the States
by the Constitution with great point
and potency puts the question:
"Wns it the purpose OF the fourteenth
amendment. by the simple declaration
that no State should make or enforce
any law which shall abridge the priv
leges and immunities Of citizens OF the.
United States, to transfer the security,
and protection of all tho civil rights.
which we have mentioned from the
States to the Federal Governmente
And where it is declared that Congress
shall have power to enforce that article,
was it intended to bring within the
ipower of Congress the entire domain of
civil rights heretofore belonging ex-
tclnsively to the States?''
They answer it, too, with equal en-
phasis and power, in theee words: 5,
"All this. and more, must follow, IL
the proposition OF the Plaintiffs in error
be sound. For, not only are these
rights subject to the cuatrol of Con
gress, whenever, in its discretion, any,
Iof them are supposed to be abrideed.by
State legislation, but that body NAV
also pass laws in advance, limiting and
restricting the exercise of legislative
power by tho States, in their most ordi-
nary and useful functions, as in it's
Judgment it may think proper ON all
such subjects. And still further, sushts,
construction, followed by the eversal OF
the Judgments Of the Supreme Court of
Louisiana in these cases, would consti.
tute this court perpetual censor upon
all Legislation of tho States, on the civil
rights OF their own citizens, with au
thority to nullify such as it did not ap-
prove as consistent with those rights. as
they existed at the time OF the adoption
OF this amendment"
Further on, in the same decision, in
speaking of the fourteenth and fifteenth
amendments, aud the heat and excite
mcnt Of popular sentiment when thew,
we're before the people, the court gives
forth certain other most important utter
ances on this subject, to which I call
special attention. They say: sac
Under tho pressure of all the excited
teeiing growing ont of the war, our
Statesmen have still believed that the
existence OF the States, with powers for
domeotlc AID local government, includ-
ing the. regulation of civil rights-the
rights OF person and of property
essential to the perfect working Of our
complex form of government, though
they have thought proper to impose ad-
.ditional limitations on the States an6
ito confer additional power on that of
the nation"
Additional prohibitions imposed upon
the States, severally, and additional,
powers conferred upon the General Co
vernmcnt, but mono Of q new nature or
character.
1t is here jutlicially affirmed that all
the essential features. of our original
complex Federal system arc still pre-
served. In substance it amounts TO-
this, that these amendments whether
rightfully or wrongfnlly incorporated
into the Constitution) do not change
the nature and character of the Govern
ment. Soul inspiring words are these!
So long as al incorruptible judiciary
shall sustain the pillars the Consttu-
ton in their stately position, aud the
grand old Federal arch unbroken in any
Of its parts, no serious apprehension
need be INDUCED in RS to her future
saioty from the batteries Of legislative
demolition or reconstruction of the
temple Of orr liberties. if the people of
tho several Suites shall continue.equally
true to themselves. The Uuited States
still exist as IL Federal republic aud are
not yet merged into centralized en-
pire. 1t is true The court hero speaks
OF the States i'll union as nation. This
is. also. eminently correct. as the word
WAS here doubtless intended to be used.
. The United States is, indeed, and over
has becu. a nation. and nation of the
highest type. It is Federal republic
republic of republics. Hence the ar
mortal motto stamped upon the great
seal. rs it was, i'll the beginning: E plu.
riJuS nnum--n nation Of nations!
Bat to proceed. wish to call special
attention to another decision, made by
1.-The saYnp trihnna1 Mt tho ann,a form,