The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-01-11
! race was declared by this amend.

lored race was declared by this amend
ment.
AS to the fifth section of the four
teenth amendment and the second sec.
tlon OF the fifteenth, 30 far as they re.
late to the subject matter of the body Of
each amendment, respectively, their
clear meaning and import are to pro.
vide security to the colored race in the
enjoyment Of the privileges, immunities
and rights so declared, in the same way
ana IN like manner as was provided for
tne security of like privileges, immuni.
Ties and rights of the citizens of the
several States. respectively, by the Con.
sututlon before this amendment. and
that no other remedy for violation Of
the prohlbltlons on State action in either
OF these amendments was contemplated
than such as existed for like violations
OF like prohibitions anterior to the
emandments. The exercise OF no new
power was conferred by either of these
new amendments. The denial of the
exercise OF any number of powers by the
United States, severally, does not, most
certainly. confer its exercise upon the
Congress Of the States. Neither of these
amendments confer, bestow, or even de-.
clare. any rights, at all, to citizens Of
the United States, or to any class what
ever. Upon tho colored race, they
neither confer, bestow or declare civil
rights OF my character-not even the
right of franchise. They only forbid
the States from discriminating in their
laws against the coIored race in the be.
stowment OF such rights as they NAV
sevcrally deem best to bestow upon their
own citizens. Whatever rights thew
grant to other citizens shall not be de-
MED to the colored race as a class
This is the whole of the matter. The
question, then, is, how can Congress
enforce prohibition of the exercise of
these powers by State? Most as.
surcdly, in the same way they enforced
or provided for violations OF like prohi.
bitions anterior to these amendments
Tho proper remedies before were. and
are, nothing but the judgments of
courts, to be rendered in such way as
Congress might provide, declaring any
State Act in violation of the prohibi-
tons to be null and of no effect, because
OF their being in violation of this cove.
nant between the States, as set forth in
the Constitution of the United States.
Il
fereLt nature or character from that
previously delegated over like subjects.
was intended to DO conferred by the
concluding sections of eithor the four
teenth or fifteenth article Of amend.
ment. No such thing as the tremcn-
dous power of exercising general mum.
cipal, as we'll as criminal legislation
over the people OF the several States,
could have been dreamed of by the pro.
posers OF these amendments. Such O
construction would entirely upset the
whole fabric OF the Government, the
maintenance of which in its integrity
was the avowed object of the war. ii
the construction upon which this bill
rests be q true construction, then you
have power to prosecute and punish all
those IN Georgia and other States, nun.
bering not only thousands but hundreds
of thousands, who are seeking to avail
themselves of the benefit OF relief Acts
passed by their States. which Acts the
Supreme Court of tho United States
have declared, in the way properly pro-
vided by Congress, to be in violation of
that clause OF the Constitution prohibit
ing tho States, severally, from passing
any law impairing the obligation ol
contracts. The prohibition against the
States III the one case is the same in
words and effect as in tho other. 10
what monslrous consequences would not
such II construction lead It is my pnr
pose. sir, to show, beyond the power OF
rcfntation, the correctness Of all these
propositions or positions.
First, then, that the chief object of
the Is! aud 9Th Sections of the fonr-
ieeath amendment was. a. stated, to
mako citizens Of this class of persons,
there ca!I lie no doubt, or if there was
any doubt before, it seems that there
ought to be mono any longer; for the
Supreme Court, in the case before cited,
said, in direct terms, Of these parts oi
the fourteenth amendment Just quoted,
that "its main object was to establish
citizenship Of the negro, can admit of
no doubt SO that proposition mny
| rest there.
Next, as to the correctness of the
other propositions, prefer to rely upon
tn. same high authority rather than to
indulge in any process of reasoning my.
self. [, therefore, shall cite extensively
from thu same decision in sustainment
OF all the positions taken.
In speaking of that clause OF the
Constitution, as it stood before this