Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-05-28
A DYING PARTY.
The Civil Rights fslII I'm Consfess-
what VIM Como of the Last Desper'
ate Effort 20 Gain the Negro.


what VIM Como Of the Last Dssper'
ate Effort 20 Gain the Negro.
New York Herald, Mayst
Although the bill in regard to the
rights of negroes which has just passed
the Senate can never be enforced, and
is scarcely worthy consideration as a
measure likely to have any influence
Upon the life OF the people, it RAY Tery
pioftably be contemplated as an indi-
cation of the progress we have made IN
our departure from the notions that
prevailed with the founders of this Re-
public touching the distribution OF
power between Uensress and the State
governments That men who had
spotited politics long eiiough to get
themselves sent to the United States
Senate should be 50 little acquainted
with the operation of political princi-
pies as to believe this measure could
have the effect they propose might be
thought strange, if there WIS any evil
dence that Senators believed the bill
likely to have the effect they pretend
to desire, and if it was not, on the con-
trary, clear that they vote onlyto make
record for their party claims 10 ne
gro favor, and merely as kissing the
dust ON the shoes of the negro voter.
But the very fact that Republican
party vote IN the Senate can Be given
for this bill Is instructive as presenting
for general recognition the fact that
the National Constitution is regarded
by the party in power as an obsolete
instrumental dead letter-a compact,
without legal, political, or moral vitali-
ty:
For all local legislation, for all do
nestle government, the States were, in
the theory of the Constitution, soyer-
eign Powers, and within their sphere
Congress had no more authority than
the British Parliament; while for all
dealings. with foreign powers and for
the regulation of some great functions
of government which regarded the
States together as an aggregate sever.
eighty Congress was alone supreme. 4
1t was always difficult to draw the line
as TO all the facts Affected; some ksula
be CLAIMED as on one side, some On the
other; but the widest flights of asser-
ton of Congressional supremacy still
admitted that there was vast field of
legislation on strictly LEGAL subjects
that was only within the competency
of the State authorities. Now, how
ever, We see the United States Senate
enter this field of strictly domestic SUBJ
jects and proceed to legislate, not only
ON topics that were formerly left to the
1Eokh t.or.;si t,,,,ae III -, L.. II 4
were regulated by county authorities,
by boards of supervisors, and even by
the more strictly local boards Of police
and excise.
The decisions Of the courts have been
uniformly to the effect that the Gener-
al Government only taxed the CONNER
cial enterprises it found in existence in
the several States, and that its license
was recei pit fer the tax and protected
against second collection OF the slime
sum, but did not and could not give
any rights as against State laws, which
were absolutely supreme on such sub
jects. And that IS evidehtly the Cor
rect position as to innkeepers, beer
pedlers, stage drivers, menagerie and
wax works owners, keepers of grave
yards, lunatic asylums, cremation fur
naces, etc. These gentlemen have no
official knowledge of Congress,
If our common schools and our pub
lie hospitals and our pauper grayeyards
were purchased and supported by taxes
levied on the whole peopleof the United
States it would be but rational that the /
National Legislature should have the
right to say who should be taught or
physicked,or buried in them. But as
Congress does not furnish one copper
toward the support of the puplic
schools or public hospitals in this city,
whence does it derive any right to say
that a eolored man or any other sort Of
man shall be received into them if the
local managers decree otherwise?
In legislation of this sort the Senate
simply Eliminates a bull against a
comet. 1t has no more authority over
the subjects which it pfetends to regu-
late than the Shah of Persia or the
Emperor of China, or any other mag
nificent potentate, upon whose intellect
his lunar relationships have had bad
effect.
But if this legislation is foolish con-
stitutionally and as It regards national
politics, 1t is even worse in its aspects
from the standpoint of general or abb
stract politics. 1t directly provokes,
e&cites and ctltivates the ahtipathies
of race and caste by forcing into promi-
hence distinctions that are ineradicable.
1t enforces conflict by causing the law to
give an equality which the Creator has
denied, and ruinously Injuries the race
it pretends to serve, by placing it in a
position of antagonism to a superior
and dominant race. No laws on such
subjects are sound or effective save IN
so far as they are declaratory of actual
conditions. If the law designates line
of action that is in accord with the ten
denotes of human pride and passion
there Is harmonious operation; but if
law and human nature are in conflict it
is human nature that prevails, and
every ineffective law that is made is a
direct loss to the moral power of the
State.
Senators, however, do not care what
the operation of this law will be. They
give a vote for it as they might place a
bait to catch the negro in their polite
al trap. They do not even care if the
bill is beaten, so that they can lay the
fault of its defeat upon the opposition.
We are not sure but they vote for it
the more readily from a confident an
ticipation that it will not get through;
for thus they will secure credit with |
the negro and have no responsibility |
for bad law. They vote also as men |
who bid desperately on last call. |
There is no rational probability that
after this Congress there will ever be |
another with a Republican majority; |
but if there is it will only be through
negro votes, and thus they venture all |
the claim they have ON the white man
for desperate endeayor to gain the
negro.
n n