New national era. [volume] (Washington, D.C.) 1870-1874, 1874-02-19
ncr prescribed than it had to regulate evil
dence. 1t having done the one, it NAV do
the other, and more so since evidence is but
the outgrOwth of the jury system.

Tic OIncr, ana more so since evidence is but
the outgrowth of the jury system.
ON THE CONsTITUTIONAIITY.
There arc some, who having expended their
wit, cunning and ignorance in showing us
unfit for civil.rights, resort to the question of
the cOnstitutiOnality of the measure. These
are, in the majority, our beloved friends. the
RObinses, Becks, Vances and Harrises of the
chivalrOus South.
For will not disgrace the arguments of
Hons. Alexander Stephens and S. S. Cox to
liken them to the bitter slang which char
acteriZes the speeches ofthosc of:hefr creed.
l would have every Democrat and Rcpubli-
can read with care the speeches of S. S. Cox
and Alexander Stephens, and perceive the
labOred effort to pervert the truth, turn aside
justice, by the strength of their wisdom, in
in which effort they have made more adj
missions than supported obj cctions. True
their theory is false from turret to founda-
ton stone, and it looks to me as if they would
admit the justice of our cause but for
malignant constituency behind them. Hon.
Alexander Stephens asks the question in his
recent speech, "If it is within the reserved
powers of the States to deny the right of
admission to the bar to any of her citizens
or citizens Ofthc United States, is it not much
more one of her reserved rights to say who
may or who not be admitted into her public
schools:" and this is all he says about schools.
Now, to this question, | answer positively,
no. Admission TO the bar is based upon
qualification of merit or citizenship, and
once these requisites are fulfilled, this prvi
lege cannot be abridged on account of color.
just so with schools; the States may prescribe
qualifications to the privilege of education at
the public expense but it cannot be based
on account OF color? But Mr.. Stephens,
weakening as he proceeds in his argument,
says: "But in the second place, among the
affirmative reasons for my opposition to this
bill, l oppose it because of its ineXpediency."
What does he know about the effect of this
bill? 1t has not been tried yet, and if we
gather our views from the light of precedent,
who can deny its eXpedency. 1t has been
shown expedicnt, nay right to free the slave
throughout the country, to clothc him with
the inestmable right of suffrage, to pro tcct
him in his capacity of legislator, judge, wit
ness, and i'll all Offices of trust or emOlu-
ment, to make him part of the body polite
what need of fear in perfecting his rights?
Now, "it is a rare thing" says Sydney
Smith on Government for men in the incipi-
ency of Governments to fOrcscc all that NAV
happen in many ages; and the changes that
occur ought to be provided for. Rome, in
its foundation, was subject to defects, and
these were by degrees discovered and rene
died. The Romans did not think of resu-
iatinS usury until the mischief was plain that
the avarice of a few had so far succeeded that
their riches were grown formidable, while
others were reduced to poverty and became
useless to the city. 1t was not time to make
law that the Plcbians might marry with the
Patricians until the latter believed them
selves divine and others profanc. These
things being observed, remedies were sea-
sonably applied without any bloodshcd or
mischief" Let us do likewise.
Docs it follow that because from schools
and juries, hotels, inns, public conveyances,
public places of amusement, may even from
the cemetery, We have been debarrcd in time
past, that these wrongs should continue?
Shall it be lawful for some men to usurp a
power over the liberty of people, and shall
it not be lawful for that people TO resume
their own? If injustice eXalt itself, must it
be forever established? Shall the ordinance
of God, set up for the distribution of JUS
tce-"DO unto others as We would have
them do unto you" be made subscrvicnt
to the ltlsts, pride, and prejudice of a few
men?
To those who hesitate to do right in this
matter, and stand on the threshold looking at
the nstitutionality of the bill, or in other
words, who confess that it is right, but know
NV WV oii.tii Wv Wouiu FiW
justaia ruat coelum ''-let justice be done
though the heavens fall Let everything
be done that will conserve public good.
''Thcy who consult the interests of one part
OF community and reject another intro
ducc into the State seditOn and discord."
have hope even among those who oppose
the civil rights bill, since 'thc secret cOun-
sells of God are impenetrable; but the ways
by which he acconplishes his design are
often evident; when he intends to eXalt
people he fills both them and their leaders
with virtue, and takes away all wisdom from
those he resolves to Destroy" and Oh Lord,
where is the wisdom ofthe Harriscs and Bccks
and Vances and RObbnses?
My fellow-citizens, we need civil rights
bil-a complete bill and nothing but COM
plete billiard sink Or swim, live or die, sur
vivc or perish, l shall never halt in my adj
vceacy of so just a measure; so helpme q od
l am for common schools without distinc-
| ton, now and forever. am for civil rights
bill perfect, and still more perfect in the ma
| chinery of its enforcement.