The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-01-11
sELBY COLUMBIA s. O. MORNING JANUARY II 1874

Speech Of Hon. Alexander H. Stephens.
| OF Georgia, on the Civil Rights Bill,
Delivered In the House CT II Iteprcsentu-
| tives on the 5th OF January,Is74.
MIR. Stephens prefaces his speech by
beautiful dedication to his constitu.
ents, in Which he asks their dispassion.
ate and calm judgment upon this solemn
otteFahce and masterly argument upon
matter which affects equally the ir-
tcgity of the Government and the rights
and sensibilities of the States and peo-
pie OF the South. At the outset, he cx.
patiates upon tho immensely important
character Of the question which is be-.
fore him to discuss. Stcady, as we'll as
skillful. he says, should be the hand of
him who puts the probe about the
''heart-strings of life" of any ono single
human being, however humble; much
more should it be so with him who deals
with questions affecting the vital func-
tions of commemorative, whether State
or Federal. After quoting tho language
OF the bill, and stating negatively why
he opposes it, and reproducing from his
past declarations before the Legislature
of Georgia views and advice which en-
brace the fullest protection of tho
rights of the freedmen of that State.
and insist upon the concession of Justice
and even mngnanimity to them, and
disavowing for his people any class
legislation as, existing or intended, Mr..
Stephens enters fairly upon an argu-
ment which is both unanswered and un-
answerable. With slight omissions. We
give it as follows:
lam now to assign some Of the req
sons, afiirmatively. why I oppose il. In
the first place. I am opposed to the pas
sage of this measure, or any one Kin.
dred to it, even if any Of the rights
proposed to be secured by it wcro pro-
perly Just IN themselves, bccuuse Of the
want OF necessary power under the Con-
stltntion, on tho part Of Congress, TO
apply tho appropriate remedy by the
enactment of any such law as this bill
proposes. presume that it will not be
assuming too much to take it for
granted that it will be admitted BIZ
every member of tho House til;.. tie
powers OF Congress are specific rs we'll
as limited, and that all the powers
which Congress can, legisIatiyely or
otherwise. rightfully exercise, are held
by delegation from tho people of the
several States of the Union. Where,
then, in tho Constitution is to be found
the power which authorizes the passage
OF this measure? The power under
which it is claimed. as I understand it,
is derived chiefly from tho first and
fifth sections of the fourteenth article
OF amendment. It is true, in this con.
nection. I have frequently seen refer
cnce made, also, to the fifteenth article
of amendment. 70 sec how fur the
power is Sustained by the claim, we
must, therefore. look into tho purport
and meaning of both these articles of
amendment AS they stand, without any
consideration, Mt this time, AS to their
history, or how they became incorpo-
rated into the organic law OF The Union
The two scctions of Tho fourteenth
article referred to are in the following
words:
ARTICLE AlN.-SEc. l. Al! persons
born or naturalized in tho United
States, and subject TO tho jurisdiction
thereof, arc citizens Of The United
States aud of the State wherein thew re.
side. No State shall make or enforce
any law which shall abrilge the privi-
leges or immunities of citizaus Of the
United States; nor shall any State de-
priye any person Of life, liberty or pro-
perty, without due process OF law; nor
deny to any person within it's ju,isdic.
ton the equal protection Of tho laws"
"SEc. .. The Congress shal! have
power to enforce, by appropriate lcgis-
lation. the provisions Of this article:
Sections 2, 8 and 1 Of this article EN-.
brace number Of different subjects, not
Mt all gcrmane to the one under cousi.
dcratiou.
The fifteenth article is in The following
words:
ARTICLE XV.-SEc. l. The right OF
citizens Of the United ,3ntes to vote
shall not be doried or abridged by Tie
United States or by any State on nc.
count Of race, color or previous cond,.
ton of servitudc.
$50. o The Congress shall lay.
power to enforce this article by appro.
pirate legislation"