Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1875-03-05
MIR. Carpenter on the Civil Rights Bill.

The Civil Rights Bill, which we published
Just after it passed the House, was taken up in
the Senate and passed on Saturday last, with
out amendment. The bill having received the
signature of the President, on Monday, is now
a law. But there is doubt whether some of its
clauses will stand the test of the Supreme Court
us being void account of unconstitutional
ty. Mr. Carpenter (Rep., of Wis, who made
a powerful speech against the bill, opposed its
passage on the ground of its unconstitutional
ty. We regret that we have not space to give
his speech in full. In the course of the discus
sion he spoke as follows:
entertain as strongly as any senator the sen
timcntS which inspire this bill. But haste is not
always speed, ANA especially is this true of at
tempts to cOerce sentiment or suppress prejudice
II this bill, when passed through the forms of
enactment>, should be declared unconstitutional
and void, ii would delay, not accelerate the end
desired, and there is class OF citizens who have
great interest colorrd citizens in preServ-
ing in full force every provision of the COnsttu-
ton. Their rights are secured by that instrl-
mcnt, and against any infringement of its pro-
visions they should be the first to protest. The
pcrvatling philosophy of our institutions is that
liberty can only be against the tendency
OF Government to encroach upon the rights of
the people by IL distribution of powers. There
fore certain powers are conferred upon the
nlttU ana All reserved the
States. citizen engaged i'll commerce between
two places i'll Il state is in that behalf entirely
| beyond the power of Congress; possibly this
might justify the clause a to inns. But under
stand its cOnStitutionality is main tanned, upon
the ground that it is within the powers conferred
upon Congress by the fourteenth amendment to
| the Constitution. If this bill can be maintained
| mt ALL il must he under the second clause. No
state shall make or enforce any law which shall
abrldSe the privileges or immunitieS of citizens
OF the United States. II Will be seen that this a.
mendment does not in words forbid States tC
abrdge the privileges or immuntiesor cftize5
of the state To make the two clauses equal
comprehensive, the latter should read thus
! NO state shall make or enforce any law which
| shall abridge the privileges or i1nmunities OF
! citizens Of the United States or of such state
| but the words "or of such State are not found
! in the second clause, and the variation in the
phrascology is SO material that it must be consi-
dercd intentional: therefore it has been declared
/ that the privileges and immunitieS which a
state may not abridge are those which pertain
! To citizens of the United States as such.
The senator then read from IL Wallace Reports
page IL, i'll the wcIl-knowu case defining this
amendment. and commented at length on it,
! language. He continued:
! This hill, should it pass through all forms OF
tenactm"nt would be a dead letter. unless the
right, ii is intended to viudcitte pertain to Fed
rral citizenship distinguished from those
which pertain To the citizenship of a State.
Let Us examine this bill with reference to this
principle established 10y the highest judicial tri-
! bunai of the Union. This bill is entitled, IAN
act TO protect all citizens in their civil and legal
rights. but the first section provides not that all
citizens, but that all persons within the juriS-
dtction of the United States shall he entitled to
the full and equal enjoyment of the accommoia-
tions, advantages, facilities and privileges ofnns
public conveyancrS on land or water, theatres
and other places OF public amusement, subject
only 10 the conditions and limitations establish
ed 10y law and applicable alike to citizens OF
every race and color, regardless Of any previous
condition "i >erVituCe.' Ii the phrase "within
the jurisdiction of the United states means tine
same thing a. subject to the jurisdiction of the
United states then the bill does not provide for
Indians living i'll tribal relations with the United
States but does provide for stray bands of savages
not living i'll tribal relations. Cinnamon and all
unnaturalizett foreigners found within the United
states Now let the rights. which are intended
To IL secured by this bill b.. examined with a
View To determine whether they are rights be-
longing To the individual in his character as a
citizen of the United states a> distinguished from
his rights rs u citizen of Il state.
But ~ the provisions of the bill not restrict
Ell to commerce between the States, but covers
n of transportation between New York and
Albany, for instance, we'll a case of trans
portaitou between New Orleans and New York.
the bill is clearly void aS 10 all Interstate trans
ortatiOn of persons and freight. The fourth
section of the bill is that citizen possessing
all other qualifications which may be pre-
>crit'cd 10y law, shall be DISC qualified for service
a. grand or petit juror i'll any court of the tni-
ted States or of amy state on account of race,
color or previous condition of servitude." Now.
Ia show that this Is state right let me quote
nom 10 W alIacr, page rs.
After quoting the direct utterance of the Su-
prrmc Court Ill his favor and commenting there
ON, senator Carpenter closed:
1t results. therefore. that all of the provisions
OF tins bill are III conflict with the Constitution
oi the nlt"dSiat,S AZ eX poGndedb by the supreme
Court. From this consideration which | have
briefly stated, ! am compelled to vote against
the hin. can understand how an orator like
the senator from Indiana MIR. Morton could in
faiur the passions of n popular AsSe mbly and
rally IL Ia support the provisions OF this BILL hut
confess my establishment AMI my sorrow that
he can carry along with him the highest court OF
the land. the SENATE OF the United States, and
pass this bill throughout all the forms Of enact
ment. lam con>olcd, however, by the confidence
that If it shall become a law the judicial courts
Will intervene To Vindicate the Constitution.