The daily gazette., 1875-03-12
CIVIL RIGHTs
spEEca 6r ~s
NON. THOS.F F. BAYARD,

/ - u ID.
FTidayTfebruary 20, 1875.
The Senate having under consideration
the bill II. X. No 1867 to protect all cit
izens in :heir civil and legal rights.
Mr. iBAYARD said
Mr.. PREsIpEyr The measure now
before the Senate has been here upon
other occasions In different form
from that In which it IL now presented.
On those occasions those with whom
l act politically in this body signiAed
at great length their reasons of oppo-
sition. These objections were, how.
ever, pade before the Supreme, Court
Of h'r ! aited States had passed upon
t,.o q4estiOn OF congressional power
which is involved ia the measurs
which | now propose to consider. The
tnvalidity of acts like this, the utter
absence of power In the Congress of
the United States to assume jurisdic-
tion over the internal affairs of the
States, was then charged by. the mi
nority in both Houses of Congress, and
was demonstrated over and over again
In argument, but as usual without avail.
The opposition to this bill, Mr.. Presi.
dent, will be useless to prevent its pas
sage, but l can speak with confidence
of the fate which | believe this bill
will meet at the hands of an intelligent
and independent Judiciary. do not
believe there is section or provis.
ion in this bill which Is in accord with
the meaning and the spirit of the Con-
stitution OF the United States: and this
Congress, in attempting to enact such
measures into law, are assuming pow
ers which a proper regard for the
oath they have taken should prevent.
Mr.. President, we have here most
high-sounding title an act proposing
nothing less than "to protect all citi-
zens in their civil and legal rights. "
It would seem in breath to constitute
an entire scheme of government,
and the preamble following this title
is quite as magniloquent and in keep
ing:
| Whereas it is essential to just govern
ment We recognize the equality OF all
men before the law, and hold that ID is
the duty OF government in its dealings
with the people to mete out equal and
exact justice toall, OF whatever nativity,
race, color or persuasion, religious or po-
litical; and it being the appropriate OBJ
ject of legislation to enact great funda-
mental principles into law; Therefore,
Bsit e7vIc!ed, 8c.-
What Is this act
That roars so loud, and thunders In the index
Why, Mr.. President, it would require
the voice of trumpet to give full, so
norous justice to such swollen phrases.
If we had been told the preamble came
from the hand of Mr.. Joseph Surface
that celebrated master of fine senti
ment, should have thought the pro
duction we'll worthy of the author.
But, Mr.. President, are we thus to
proceed to enact, like any Other
friends of humanity" great funda
mental principles into law without re
gard to the character and extent of the
powers delegated to us as legislator.
and the limitations placed by our owl
oaths in accepting the Constitution a.
our guide in framing lawss
Now, sir, under what clause of tn,
Constitution are we to find power fo
this proposition Weare told that thu
fourteenth amendment of the Constitu
tion gives us warrant. What does i
iprovide In section land it Is in tn
hrst section alone that this power i
suggested-we find that
All persons born or naturalzed in tn
United States, and subject to the juris
diction thereof, ARE citizens of the Unite,
States and of the State wherein they re
side.
Here in the first sentence Is simpl
declaration of the citizenship of pei
sons within the United States and a
we all know, the effect of that declars
tion has been not to give any nev
rights, privileges, and immunities, blu
simply to enlarge the class of thos
who were to be entitled to "the priv
leges and immunities" of citizens o
J the United States.
The second section OF the fourth arti
Gle of the original Constitution provi
ded-
j The citizens Of each State shall bs an
I titled to all privileges and inmunities Q
citizens in the several States.
There had been prior to the adoptio
of the fourteenth amendment q denis
9 to certain classes, owing to alleged dis
abilities, to be considered citizens @
9 the United States, although they Nigh
/ be citizens of some particular State
Q The Constitution, as amended, prov
, ded that
AL persons born or naturalized in tn
United States, and subject to the juris
diction thereof, are citizens Of the Unite
States, and Of the State wherein they re
side. r.
There We find simple declaration
aud thus far no grant of power othe
than had existed prior to that time
Further
No State shall make or enforce an
law which shall abridge the privilege
or immunities of citizuns OF the Unite
States; nor shall any State deprive an
person of life, liberty, or property witt
out due process of law; nor deny to an
, person within its jurisdiction the ecu,
protection Of the laws.
apprehend that 1t is in this lang,
age which inhabits any "State" frol
making or enforcing any law whic
shall abridge the privileges or imm,
= mites of citizens of the United State
that warrant for the bill we are no,
considering is supposed by its adv.
t0 hn