Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-01-28

SuaOSAICnb Vi any Statute THAI WOULD
aDrldge the rights of any citizen Of the
United States as defined by the COHstitu-
ton itself; and, further, simply enjoins the
duty upon Congress to provide iby apprO-
pirate legislation a remedy against any
such unconstitutional enaetments by the
State governments. No State has made It
necessary for Congress to interpOse to en-
force this or any of the amendments, or,
rather, to speak more technically, to see
that the limitations Of power imposed by
them have been observed. And unless
such prohibited legislation occurs, Con-
greSs has no power to interfere, as has been
before intimated. The decision of the Su-
preme Court in the case of Fox VS.. State
of Ohio, to be found in 9Th Howard, sus-
tains that position.
Now, sir, appeal to the myriadS of State
statutes to-day, and confidently assert that
in all that mass of laws there is not TO be
found one that discriminates between its
citizens. Nowhere does a disabling stat
ute exist founded upon race, color, or pre-
yious condition of servitude. The same
rights, privileges, and immunities belong
10 all-all enjoy the benefits Of property,
liberty, and the pursuit of happiness. The
same avenues to honor and promotion are
merit to attain them. The same FLAG, Con
stitution, and laws pfotecl all alike. Why
ask this exclusive and class legislation?
There is TO State statute fOrbidding color
ed people from entering any of the schools,
churches, inns, theaters, etc. They are
only required to submit TO even chances
with white people. Is there any oppres-
sion or wrong in that3 Nay, more; as the
laws are now administered in the States
white man may be refused adj
mittance TO an inn, theatre, or
railway car, but under this bill a black
man may force himself unwelcomed into
them, or sacrifice both the liberty and the
property of the proprietor. The customs of
society cannot be innOvated upon without
producing a shock which Will eventually
shatter the nerves of the whole political
system; and nowhere are these customs
stronger or less likely to yield than in the
New England States, sanctioned and
strengthened rs they are by the civilization
running back into centuries. l greatly
miSinteTpret the historic character Of the
people Of rOck-bOund New England when
they consent under the speci0us and false
plea Of the equality Of all men, that Con-
gTeSs, without any warrant OF constitutional
power, shall USurp the prerogatiye OF the
StateS-trample underfOOt their fundamen-
tai laws, simply to secure to the cOlOred
man exclusive and superior privileges in
society.
There is an analogy to be drawn from the
nature Of the fifteenth amendment, sustain
ing this view that the fourteenth amend
ment is only inhibitOry, and not a grant of
positive power.
The fifteenth amendment reads as fol-
lows:
SECTION I. The right of citizens of the United
States to vote shall not be denied abridged by
/ the United States, OF by any State, on ac-
count Of race, color OF previous condition Of ser
SEC. 2. he Congress shall have power to en-
force this article by appropriate legislation.
1t is impossible to state it and not see
plainly that it is a mere limitation Of pow
er. The State of Massachusetts hes an ed
Vocational qualification, and any black man
resting under that educational disability,
or white man either, cannot vote. Hence
! Won see that the State, except the single
| Limitation imposed by the fifteenth amend
ment that suffrage shall not be withheld on
! account of race, color, or previous cOndi-
ton of seTvitude, has supreme control over
this great bulwark of liberty, the elective
| franchise-even the power 10 prescribe the
qualifications of voters is not asserted, for
| Congress by the terms of this amendment
its power is only negative-it conters no
power, but simply imposes an impediment
or limitation for certain causes upon the
| powers Of the State in the all-impOrtant
right of suffrage. Suffrage, then,
/ the boon of an American citf-
zen. is not derived from
the Federal Government, but is essentially
a right granted and controlled by the State.
/ If, then, the States have the right to regu-
| late suffrage with the exception referred TO,
and as the elective franchise Outweighs in
| importance and power almost all other
rights and immunities, why cannot the
State control its affairs in matters of less
moment and Government, rs schools, etc?
The fourteenth amendment only makes
an inhibition on the States; but this bill
| empowers Congress to disregard the State
and invade the domain of the people, and
| operate by its penalties, through Federal
courts. upon individuals directly, although
the State may have observed strictly the
! inhibition.
In most if not all of the civil-rights bills
which heretofore have been introduced into
Congress was contained the feature relative
TO tie churches. This bill is silent on that
| subject. Has it been ascertained that our
/ Puritan friends in some of the New En-
gland States are opposed to having their
/ costly and magnificent temples of worship
/ opened to the admission of the negTOes-tO
/ have them seated among their wives and
/ daughters in the wOrshiping congregations?
/ How is this? I suspect that there is want
/ of fair play in this omission in this bill.
/ SO far rs the power Of Congress is con-
| cerned, there can be no doubt that it has
as much right to force open the doors and
pews of the incorporated churches as it has
TO throw open the doors Of our public
schools and Incorporated colleges and uni
versities. Our Republican friends certain
| " DO not intend to pale before the storm Of
| public opinion and surrender a principle.
| If the Federal arm is required to secure the
cOlOred mans rights in the schools, GER
tainly in the far more important matter of
the education of the soul it ShOuld be in
vOked. Do the friends Of this bill believe
that the negro has 4 soul? If SO, are they
unwilling to kneel at the same altar and
receive the divine JUNCTION from the same
hands? Gentlemen must be consistent.
The descendants Of Roger Williams can
not tolerate interference by the Govern
ment in the religious opinions Of the peO-
PIE. II sly " Aio SidiA iloltAt
| to the gospel, 10 can say who shall preach
| it. aud what doctrines shall be taught from
the pulpit, and away tOttcrs and falls to
the ground our boosted fabric Of religious
liberty. Then would the descendants Of
the Pilgrim Fathers no longer Teyerently
point TO Plymouth Rock and ezclaim:
Ayi call It holy ground.
The soil where first they trOd-
They left unsts.ined what here they found
Freedom 10 worship God.
Sir, society protests against the passage
of this bill. On this point much might be
said; indeed, volumes cannot contain the
| reasons. | will not enter upon them. |
viii not use any expression that can be
tortured into any prejudice on account Of
my antccedents. If | had prejudices |
have laid them all aside. | speak upon
this subject from the cold standpoint Of
logic alone. So far rs my political antece-
dents are concerned, / have only 10 say
that, if my temperance upon this floor is
not proof Of my loyalty to the Government,
no protest atoms | might make would be re-
garlcl by the skeptic.
Looking az this question rs an American
citizen who would see the country great,
prosperous and happy-whO especially de-
Sircs to see the Southern States rehdbili-
tated and relieved Of political and social
burdens, | tremble for tine results. Let me
not he misunderstood. i fear that this bill