The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-01-11


United States or of any state. But, on
uhatever basis this rlgut may be placed,
go far as it can have any relation to citi-
zenship at all, it would seem that, as to
$he e'cearts of State, it would relate to
citizenship Of the State; and as to
Federal courss, It would relate to citi-
xeuship Of the United States.
"Ths opinion just delivered in the
slaughter house case 16 Wallace, p. 361
rcaders elaborate argument in the pre-
sent case unnecessary: for. unless we
arc wholly and radically mistaken in the
principles on which those cases are de-.
o5ded, the right tocontrol and regulate
the granting Of license to practice law
go tho conrts Of State, is one OF those
powers which are mott transferred for its
protection to the Federal Government,
and Sta exercise is in no manner 60
vcr1ed or controlled by citizenship of
the United States in the party seeking
snch license.
"It Is unnecessary to repeat the argu-
nsent on which the Judgment in those
oases IS founded. It is sufficient to say
they are conclusive Of the present case"
zM q is within the reserved power of
%ne States TO deny the right OF admis.
non TO the bar to any who may be held
10 be her citizens, or citizens of the
adJ1ited Slater, is it not much more one
ot. Asr reserved rights to say who may
not, foe admitted into her public schools
or other. institutions?
Here ] leave the question, 80 far as
: our powers over the subject matter are
ssoAoerned. Il consider it as settled by
Nhe highest judicial tribunal of the coun-
Ht..y, 80 far as that tribunal is competent
Ao.sttNe any question OF constitutional
Eav. .Bnt. in the second plnce. among
the affirmative reasons for my opposi-
Ten to this bill, oppose it because of
lss, iaHnP Padiency. Even if the power
t'Wnfo, without question or doubt, vested
I'm Congress to pass municipal regula-
.GunB ef this sort to operate ovor the
speople of the several States Of the
Union, think it would be exceedingly
ins udioious and unwisa to exercise it.
Better leave all such matters to the
States. In point of fact, T do not be-
sHeVe'the colored people OF Georgia have
any desire for mixed schools, and very
little. indeed, for mixed churches, as
contemplated BY this measure. The
4endency on their part, throughout the
State, in all the religious denominations,
asEcspt the Catholic, is to separate from
Che whites in church association and or
8snization. In all instances, within my
knowledge. the whites have been per-
seotly willing, and even solicitous, for
Chem to remain. and worship in the
same houses and before the same altars;
hut they preferred to 90 to themselves
go with the schools They have no de-
sire or wish for mixed schools composed
of white and colored children. Ali they
want is their right and just partioipa-
tion in the common school fund in
schools of their own. This they now
have in Georgia. They also have
university for themselves at Atlanta.
aided by the State, as the State Uni.
TersitJ for whites is in like manner aid.
cd by che State. They have no desire
for anything partaking of tho character
of social rights; and if the people, CO.
'lorcd and white, in the several Southern
States, shall be left to themselves to
work cat their own destiny under the
present system, subject alone to the con.
trolling law of justice. as before stated,
without external interference of any
sort, it will, in my Judgment, be in
hnitely better Tor both races. Reoipro-
cal wants and duties will soon, of them.
selves, bring about as much harmony
snd concord as are usually found in any
State or country.
Interference by the Federal Govern.
Hent. even il the power were olear and
indisputable. would be against the very
genius and entire spirit of our whole
system. If there is one truth which
stands out prominently above all others
an the history OF these States, it is that
she germinal and seminal principal of
american constitutional liberty is the
absolute, unrestricted right OF State
salf-gcvernmant in all pu,ely internal
municipal affairs. Tho first union of
ahe colonies, from which sprung the
Union of the States, was by Joint action
10 secure this right of local seIf-;,overn-
aaent for each. It was whom the char
Essrcd rights of Massachusetts were vic.
sstad by British Parliament, the cry
drst went up from Virgiuia, '.Thc cause
nf Boston is the cause of us all!'' This
led to the declaration and establishment
oa the independence, not of the whole
people OF the united colonies as ono
r,ssa, bnt of the independence OF each
,as the original thirteen colonies, then
declared by themselves to be, aud after.
yards acknowledged by all foreign
&c wers to be, thirteen separate and 6i