New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-07-26
THE WEEKLY REPUBLICAN
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CIVIL RIGHTS.

CIVIL RIGHTS.
speech OF Hon. o. z. Morton, of Indiana,
n the United States Senate, ON Thurs
day, May q, 1874.
The Senate having under consideration
the bill Senate bill No. ~ supplementary
to an act entitled "An act to protect all
citizens of the United States in their civil
rigets, and to furnish the means for their
vindication," passed April 9, 1871. Mr.. Nor
ton said:
Mr.. PRESIDENT have very little to say
upon this bill. What have to say is upon
the question of the power Of Congress to
pass it.
The Senator from Ohio [Mr. Thurman
Yesterday declared this bill to be grossly
unconstitutional. He said that the fifth
section of the fourteenth amendment, CIV
ing to Congress the Pc YER to enforce the
amendment by appropriate legislation, con-
veyed to Congress no power that did not
already exist. / think that part Of his
discussion was improbable. 1t is not
necessary to inquire whether this power ex-
listed before or in the absence of this fifth
section of the amendment; it is enough for
us to find it there, to find the amendment
declaring in express terms that Congress
yliall have power by appropriate legislation
to enforce the amendment. Who shall
be the Judge Of what is the appropriate
legislation Congress only. 1t is not for
the courts to judge and determine whether
the Legislation is appropriate. Ii it tends
toward the end had in view in the constitu-
ton, it is not for the courts to say that other
and better means might have been adopted,
because Congress is made to judge of the
character of the means to be employed IN
the enforcement Of the amendment.
The next point made by the Senator was
that all that Congress could do was to take
such steps as would prepare case arising
under any State law infringing this amend
ment for decision by the courts OF the
ing the very thing to be proved. He said
that the prohibition in the amendment was
not against individuals, but it was against
States; that no State shall make or enforce
any law abridging the franchises of citizens
of the United States, and no State shall
deny to any person the equal protection of
the laws; and therefore that we could adopt
no remedy, no law to infOrce this amend
ment which operated upon individuals.
Now, Mr. President, we can not operate
upon the States as such. If State law
violates this amendment we can not arrest
the State; we can not punish the State as
such. With the State we can do nothing;
but we can operate, and must operate, if at
all, upon individuals. At the beginning of
the war we were told by Mr.. Buchanan and
by other distinguished statesmen that We
could not coerce State to remain in the
Union. We said, Every well; we will try to
coerce all the individuals in that State, and
that will answer the same purpose" We
can not arrest or punish q State TOR the VIOLA
ton of this amendment, but we can punish
any person who undertakes to violate the
under the cover of State law.
We take from any official, from any person
who undertakes under cover of State au-
thority. or under any prerense, to violate
the right of any person undor this amend
ment, all protection and cover of the State
law and say to him. THAT is no defense.
you must stand upon your right
What else is there left to us in the enforce
ment:of these amendments! We pass law
by which it is a penal offense to take from
any person any right guaranteed or secured
by either of these three amendments. That
person comes IN and pleads a,State law. We
say, THAT is unconstitutional the State
had no right to pass that law; you can not
defend yourself under that law; you must
take notice that that law is invalid and we
shall punish you rs though that law never
and that Is the whole of it.
The theory Of our government is that
it acts upon individuals, and not upon
the States or upon corporations; and
in this respect it differs from the old
which was weak and de-
fective in this. that it lacked the power to
coerce individuals, but acted through the
original thirteen States or colonies. The
whole theory of our government goes upon
the idea that it acts directly upon the indi-
yidual and holds him responsible to the
of the United States for the
violation of any right created, guaranteed,
or secured by that government.
Now, Mr.. President, l desire to consider
very briefly the fourteenth amendment:
.All persons born or naturalized in the
United States, and subject to the jurisdic-
fion thereof. are citizens of the United
States and of the State wherein they reside.
No State shall make or enforce any law
which shall abridge the privileges or I'M
of citizens of the United States;
ner shall any State deprive any person OF
life, liberty, or property, without que pro
cess of law; nor deny to any person within
it's jurisdiction the equal protection OF the
laws"
/ propose to consider the last clause OF
this section first:
"Nor deny to any person within Its Juris
liction the equal protection Of the laws.
What ia meant BY the equal prOtectlon
n the lawsl Does it mean simply that
avery person shall be entitled to protection
egainsf an assault and battery or against
nersonal violence, and stop therel 1t has
no. such limited meaning as that. The mean
mo ia lust the same as II 1t read: Every
nasson shall be entitled to the equal benefit
p Oh nrotection of the laws" When it says
. .no psrson shall be denied the equal pro-
,ec t of the laws" it is exactly equivalent
saving that ali persons shall be entitled to
~ ayna7 nrotaetion of the laws. The WORD
inc n,etIection" there is used in that sense Law
! made for protection; the protection OF per
, : m1 the protection Of property. the defni
ION ion and protection Of civil and pol;iaGfs .r
.iShts. The whole body Of the I l;x , aOi
,rotection in some form.the denniusSn ... .~~
PROJECTION of the rights OF person anu a p,Up
,rty; and when the fourtee aSa1, ho osnt;tied
declares that every person sna ,n 10 s tmeans
tne e4 hanefit of the laws of the Land.