Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-01-21
legislative jurisdiction of Congress over the

place to the opinion of Attorney General
Bates; second, to Webster's opinion in the
case Of Bank vs.. Primrose; third, Corner
Us. Elliott, Is Howard; fourth, Garfield vs..
COryell, 4 WashingtOn's Circuit Court Re
ports, $50; fifth, the report of the Judiciary
Committee Of the House Of Representa-
tives, Jan. 30, 1871; sikh, report of the Ju-
dietary Committee Of the Senate, Jan. %,
1872; seventh, the Slaughter-house cases,
16 Wallace; eighth, Bradley vs.. Illinois, re-
affirming the opinion in the Slaughter
house cases; ninth, the people who have
everywhere exercised she power in all the
States in the adoption of their constitutions;
tenth, the Legislatures have exercised these
powers, granting charters TO counties,
towns, schools, railroads, and denying the
right TO vote to women, minors, ministers,
felonS, non-residents, and exercising power
over the life, liberty and property Of their
citizens. The States were governments in
fact, so recognized by the Constitution of
the United States, the true guardians of
the immunities and privileges Of their own
citizens.
This great truth runs back of the Con-
stitutiOn of the United States and is the
tap-roOt of American liberty, striking deep
into the heart of our State and municipal
governments, which lie nearest to the peo-
pie, and which can best understand and
provide for their wants.
When this body assumes a prOtectOrate
over them, it assumes a power and peroga-
tive which never can administer equal
justice. Not only the Southern, but the
Northern States exercised the right Of max
ing determinations amongst their own cit
liens, on the grounds of public policy.
Massachusetts prohibited intermarriage
between the races. Maine prohibited in
the same way inteTmarriage. Connecticut
denied the elective franchise 10 men of the
cOlOred race, as did Pennsylvania and New
jersey, and also the right to testify in cases
where white man was a party. New
York had property qualification against
cOiOred men. Ohio, Indiana, Illinois,
Michigan, Iowa, denied the ballot and in
termarTiage between the races and the
right Of cOlOred men to give testimony
against whites. The Southern States did
the same. All the authorities, State and
Federal, legislative and judicial, rise be
fore the nation and interpOse a bulwark
against the passage Of this act.
The only limitation upon this ancient
right of the States to regulate their own
domestic affairs is the fifteenth amendment,
which prohibits the States from denying
the right Of suffrage to any citizen ON ac-
count of race, color, or previous condition
of seTvitude.
Again, if there is no authority under the
fourteenth amendment, nor in the second
clause Of article 4 Of the Constitution of
the United States, where does it get the
authority? Has it a common law author
ity? Sir, that never was incorporated rs 4
part Of the law of the United States. It
never has been pretended 10 be exercised as
a part Of the law of the United States.
have said that it was impolitic 10 pass
this bill. The cOlOred man has every
thing to lose by it, and nothing to gain.
There is no cOercive power on the part of
Congress toward the State to compel ie to
levy tax for educational purposes. The
laws OF some of the States are now giving
the cOlOred people the benefit Of education,
pouring its beams Of enlightenment upon
the African race, by dividing the school
funds in proportion to the scholastic pOpUla-
ton Of the two races, although they are
separated into different schools. Should
Congress attempt to drive the Southern
States, having separate common schools, TO
the wall, and attempt to force their tastes,
Littl- II lAlt5AA
veniiOnal repUgnlnce to color and race, in
to social contact, they will refuse 10 tax
themselves for the support OF such an edu-
cationll system. This the whites can do
i'll Tennessee, for they can vote three to
one over the colOred people.
But have no time to dwell upon that
part Of the subject. l have said that this
bill was unnecessary. What rights are
now denied TO the cOiOred race? They
have the freedom Of the press, the freedom
OF speech, the freedom Of the ballot, the
freedom OF office, the freedom Of the courts,
and the rights Of property. All the avenues
CfpOver and Office Of this Government have
been thrown wide open TO them. The
Constitutions Of the State governments
have opened the avenues to them and let
them in. The Constitution Of the United
States has opened to let them in. All the
gates are wide open to them. Even the
White House is now set as 4 prize before
the eve Of the African. Sir, they have all
theriellts Of the bOasteG Roman citizen, the
right of holding slaves excepted. Still they
clanCT here.
Why, Ar. Speaker, and Representatives
upon the other side Of the House, their
civil and political elevation is unparalleled
inthe History Of nations. NOnatiOn of their
race before has emerged from the broken
chains and yoke of slavery, been habili-
tated, and raised to the grandeur Of Ameri-
can citizens, in the same length Of time.
France and England emancipated their
slaves, but the emancipated never dreamed
thai they should have letters OF nobility, or
should be elevated to the wOolsack; never,
never.
Here the hammer FELL
Allow me two minutes more. / desire
to refer to the real wants of the negro. Sir,
he can stand 4 little tobacco smoke in
railroad car better than he can the tobacco
tax. Let him strive to get that of, and
then to get back the seventy millions Of
cotton tax which the Government has
taken unconstitutionally from him and US.
Not only that, but cut down your tariff
lay your pruning knife to it, and cut of
the redundant eNCreScences. Reform your
currency, which by its fluctuations has re-
Gently destroyed One-third of the value of
the cotton crop, the result in a large part
Of the bone and the muscle, the sweat and
the toll of the cOlOred man. The wall Of
starving women and children comes up
from the South this day on the authority Of
Bishop Wilmer, those of their own race, in
consequence Of their deStltutiOn. Let them
aid to roll off the incubus from the breasts
of their people, AMI then they will have
done a service to themselves and
their race, instead of contending for
first places in cars and places Of
amusement. The vast majority of their
race are laborers in the rural districts. Not
one in ten thousand, perhaps, wants TO
travel on a car. They had better keep
away from saloons and theaters. They are
too poor 20 pay for accommodations in first
class hotels, which receive their patronage
mainly from the rich and the fashionable.
Only few exceptional eases Of their color
can bear the expense Of luxurious indul-
gences, and they are generally to be found
about cities, and would have us turn the
Government upside down for their accom-
mediation. As a race they have their own