The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1874-01-21
CIVIL RIGHTS IN CONGRESS
SPEECH OF Mr., STEPHENS.

The speech of the Hon. A. Il.
Stephens of Georgia, recently de-
liyercd ip the House of Represenq-
tatiyes upon the pending Civil
Rights Bill, is an able Constitution
al argument, well sustaining his
past reputation, as one Of the lead
ing statesmen of the South. He
opnoses the bill, as well on the
ground of unconstitutionQity 20 OF
inexpediency. The powers Of Con-
gress are limited, being restricted
to those which are conferred by the
Constitution, and no section or ar
ticle of that instrument authorizes
the exercise of the power in ques-
tiou. The fourteenth and fifteenth
amendments haye been cited in
support of the rights claimed. The
sections cited are as follows;
"ARr1c1E XIV,-SEc: /: All
persons born or natnralized ia the
United States, aad subject to the
Jurisdiction thereof are citizens Ot
the United States aud of the State
wherein they reside. No State
shall make or enforce any law
which shall abridge the privileges
or immunities Of citizens of the
United States; nor shall any State
deprive any person of life, liberty
or property, without due process OF
Law; nor deny to any person with
in its jurisdiction the eqqat protec-
tiaq Of the laws"
!"SEc. S. The Congress shall have
power to enforce, BY appropriate
legislation, the provisions at this
article"
Seetiaas 9, 8 and 4 Of this article
embrace number Of different SUBJ
iects, not st oil germane to the one
under consideration.
The fifteenth antiele is ip the
following words:
"ARTIcLE Xy.-SEc. T. 1fha
right of .citizens Of the United
States to vote shall not be denied
or abridged by the United States
or by any State on account Of race,
color or previous ,condition Of ser
vitude.
"sEe. 2. The Congress shall
have power to enforce this article
by appropriate legi%ation:"
But it is evident that the fifteenth
Amendments has no application to
the subject, as it, denies both to
Congress and the States the eyer
else Of a certain power. The four
+eenth amendment seens clearly to
have two objects, first to declare
the ,colored race to be citizens of
The pnited States and of theStates
su which they reside, and second to
prohibit the denial to this class Of
citizens, the rights enjoyed by other
citizens, ,:3ppder THE constitution.
But the exescise of 20 new power
was conferred by either of these
amendments, and certainly the de-
lrial to the States Of the exercise of
any powers does not confer these
Apon Congress. 70 confer
the powers claimed, would he
to destroy the essential features of
ahe government and to upset the
srhoe fahfic. Mr.. stapheas BUS
tains his .opiaiious by referring to
various decisions Of the Supreme
Court of the Uuited. States, giving
q proper construction to the recent
constitutional amendments and
showing that they confer no new
powers upon the general govern
ment.
But Mr.. Stephens regards the
measure as inexpedient, even i
CONGRESS- had the power to pass the
lLill. He says:
nEven if the power were, with
out aaestion or doubt, vested ia
Congress to pass :municipa regu!a-
ton of this sort to operate over the
;people of the several States of the
Union, ! think it would be exceed
ingly ,injudicious and unwise to ex-
.eEeise 1t. Better leave all such
spatters to the States. In point of
fact, I do not believe the colored
people of Georgia have any desire
for mixed schools, and very little
indeed, for mixed churches, US con-
i .templated by this measure. The
I, ndency on their part, throughout
tie State, in all the religious de-