New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-01
XLIlID CONGRESS--2D SESSION.


FORCE BILL IN THE HOUsE-RECoMMiTTAL of
TIE PACIFIC NAIL INVESTIGATION REPORT.
SENATE. w AsHINGToN. Feb q. 1870
Tba VIcP-PREsrpENT announced as a COM
rnit,ee 10 examine INFO the several branches OF
,he civil service durng the with view TO tue re-
organization Of the several departments thereof 'e re-
duction Of expenses &C. authorized by the resouoh Vi
Mr. Wright. adopted a few days ago: Messrs' WRIGHT
(Rep.. Iowal. Boutwell, Qep. Mass.|, Conknne lkep,
n w Merrimou (Dem.. n. CD and Eaton (Deu., Conn.,
Mr. WRIG HI said his engagements We're such uI1 n
the coming tn it wogd he Impossible i9r MN h
To serve upon committee He therefore asAeu 20 10
excused, and the VcaP appointed Mr. A'iSo"
Mr. FRELINGHUYsEN Rep, N j., from the Com
mttee Forcign Rel atoms. reported iavoIa9B On '1e
amend seclon 675 1916 6S1 and 1852 OF the Revised
Statutes ~ regard to tue compensation u up0i"''N
officers Placed on the calendar
TIE CIVIL RIGHTS BILL UNDER DEBATE.
The morning honr having expired, the Senate resumed
tho a ION o. the civil Rights bill, Mr.. Hamilton
em MIDI being entitled to the floor, but yielding 10
Mr. Carpenter, (iep.. Wis., who said. after thorough
consideration OF this subject he was compelled 10 vote
against it, Considering the Importance OF the measure
supported rs nv many OF lis associates on this
for he Wa, moi wi lag 10 record his vote against II
upon the o his retirement from the senate without
giving hs reasons for doing so. lie then spoke as io
lows; ltntertain rs strongly ~ any Of human
umeuts whca inspire tins Ddl. -Four miIIious OF nda ,
Of the lae civil nave leen enanclpated ana nedS
ctzeus lated ates and OF the States 10 whien
"nd,tion If ta es where slavery existed has created
discomfort aud iuAtmei the rrjudlces OF rose VITO De
lOnQcd la the dominant race against thelr lol ner saves
lately raised 10 regal "a political equality rus u IS
intcudeI 80 ga pcuS5 ai manu- eStatiOns OF ths ptelu
dice au SECURE coOrrd man the rights ne ought
10 ENJOY II 4. cOld go upOn the statute book ana ac-
comtsa "A complete eradication of the deep and long
exsir pr ldic OF the waite against social con
tact wI tau whose favor is proposed WOuu
tire col 20 race since the beginning OF the war mere
aoaulnt Tor the desire TO create Ia leu OF TINS
prejuicc, !eciIE VI fraternity between tne t"O
Dafng the people guarded the property the
bones, aud cal Urea OF those VINO were away
battiiug southern Independence, an indepehdeuce
sought pcggetuJte the unjust system or when the
rOcr,d penrc were Tor more th9u Two centuries tn
subjects suoi ipla' mas no p,raael III az"
Tire termination OF those fOuf years VI
quent upon jng-COutinued bondage aud their spddon
deyerance IL aud advancement 10 the dignity OF
gree Of and amiIpiliIy, thirst for kn0wl-
edge desire icr moIal Improvement ana respect iof
Law and OToer wIIca nave excited the wonder ana
gained thcn the respect OF all rejecting ana eahuu
But haste is not always speed. and especially Is this
true of ATTEMPTS sentiment suppress prel-
s sSG tS reason S 1D aus asGmrni aud all
hemOnstI.tcs mat every unsyaiiing attempt 10
force INTO comph@Dce WIN sOcESis. re- re-
ngious. political dOgmaS, has the eh5e' 10
postpone tie end desired. II TINS Dill
when passed through tue forms OF eHatI,nen.; ;
should DO declared unconstitutional and VOio IL w3u1
delay. accelerate he END desired There Is no class
OF citizens who pave 50 great an interest as eo.oeu Vo
Gems preserving Ia iu force every provision OF the
Constituton Their rg-ts are secured Gy 'nC ih5tu
they should first protest The pervadlng PM
protected against thr tendency OF Government TO en-
croach upon the nights OF the people oy elssII1uton
the UGited States, and al otners are reserved 70 Tue
states. and OF the Union and Oh the states
are subdYioed and distributed among the seyera.,
departments OF which the respective, Coy
ernments are composed. citizen Of tne
allegiance aud IL entitled to protection OF botn Gov
erpnents A. a citizen of the United States lie
them certain duties and ls 10 claim from them
protection OF ,e risus aud privileges whca pertain 10
him in his character a citizen Or the Union He also
owes duties to The State aud entitled 10 its protection
the rgDts ANA privileges Wulch pertain 10
him as "a citizen Of the State For instance, clzen oi
the United engaged in foreign commerce. or III
commerce among several satos or wlth the indian
tribes ia entitled as respects thct 10 tne pro-
lection audi suij 10 tue control or Tue uted states
while citizen engaged ~ commerce uTl%ern, Two
places IN state Is IA thdt Oehalt ehtey oeSOh ING
power OF Congress. but Is subject 10 the power OF the
state ana entitled 10 is protection.
shall bo entitled to equa! accommodation and facilities
nf public conveyance on land or water rms might be
that commerce which Congress possesses the power
Of regulatlon-commerce with foreign nations among
The several States with tae Indian tribes. But the
bill does puT0rt To be regulation oil the particular
transportsion fr0m pont TO point within a state as
well those engaged IN transportation
,etfied thar no act of Congress can he valid
unuer the COnsuut0 unless it fairly referred 10
head Federal jurisdiction. For instance IN reg
plating commerce among tie States, Congress mgnt
provide that every .rsOn engaged Ia sucn commerce
should entitled 10 the accommodation OF the inns OF
the several States througn winch might pass the
prosecution OF ms business, aud, perhaps upon the
theory that cheerful mind favorable to enterprise,
might provide t0as Ge should Do admitted to theater
her places Of amusement IN the States where he
might be temporarily sU urEng during the transaction
VI his business such piONsiOH ln regard 70 tne"tes
would Toe somewhat fahtastc as q regulation
Of commerce. and yet, II C0ngressnen saw
fJ to provide sucn provision might be sustained as
relating subject over which Congress has Juflodic-
ton. But the OlIl under Consideration uOes moi reSt
upon tins ground because ITS provisions are not cOhhued
persons engaged IN such commerce Ii is necessary
therefore, ia to MAINTAIN the consttItiondy or
TINS bill. 10 select some her mead OF federd JuIlec
tiOu to WIN, II nay Idrly be referred. Aud under
stand Its CUnstilutlOualiIy Is maintained upon The
ground thai Is within the power conferred upon Con
gTess by the l4th amendment 10 the Constitution lAo
amendment pros des;
born or patured in the United States AMI subject
e acuoa teOl are e'1eas the UHei States s'd Of me
aaNo stae sb make erfOTs law which SHALL abge
The PRIVILEGES mmalles Of citizens Of he Vniei States
1idNor ai STATE depnVe person OF LIE liberty
Day aBy person within jurisdiction pro-
These are the only provisions of the 14th Amendment
which claimed by any one 10 Justify this bill 1t
manifest that fourth clause "NO State shall deny
any person within its jurisdiction the equal protec-
ton of the laws has no application 10 this subject,
especially 10 tns jury clause Of this bill IL is equally
evident that the tnrd clause Nor small any State de
prive any person OF ne, liberty or property without
que process OF law" has no such application TINS is
Eens OF the United states, and the fact that
thoy excluded from serving as Jurors Ill
one preteuds or claims that in consequence of such
ineliebiHty, they depr we'd OF life. l0erty prop
ground maintained yesterday by the Senator from Iu
diana MIR MortOnl THESE provisions Of the llth
gbe to serve as Jurors in courts correct then
ihis Dii ought 10 be amended as to provide that
be 40 eligible because they are persons,
equally with colored citizens. entitled
thing TO coored citizens. II this bill can Ue
maintained at all II must he under the second clause
No state sha make enforce any law which snail
sbrdCe the privileges or lmnunitcs OF citizens OF the
UDited stacs The phraseoogy OF this section Of the
amendment merits critical examination. IL provides
states AMI subject TO the Jurisdiction thereof are Gill