Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1879-03-05
The Constitutional fnte,sdrn e,,fs
and the Supreme Court.
SPEECH OF
Hon. Thomas F. Bayard,
OF DELAWARE.
Delivered in the United States Sen
ate, February 4, 1879.
THIRTEENTH, FOURTEENTH, AND rif.
TENTH AMENDMENTS.

| VIII w ituu.
The Secretary read the resolution
submitted by Mr.. Edmunds on the I'll
of January, as follows:
Resolved, as he judgment efhs Senate, That III,
thirteenth, fourieen.h, and fifteenth amendment
to the Constitution Of the United States have beer
legally ratified, and as valid and Of the same par
amount authority as any other part Of the Const
tuition; that the people Of each State have a com
mon interest In the enforcement Of the whole Con
stituiion in every State 10 the Union, and that Il
70 alike the right and duty Of the Congress to en-
force said amendments, and to protect every citi
zon 10 the exercise Of all the rights thereby seeur
cd by laws Of the general character already pass.
ed for that purpose, and by further appropriat,
legislation, 80 far as such enforcement and pro.
lection are not secured by existing laws and tha
II Ia the duty Of the executive department Of the
Government faithfully and with diligence to carr)
all such laws into impartial execution, Of Congress-
to appropriate all moneys neeiful to that end.
Rssolcsd, further, That II is the duty Of Con
gress to provide by law for the full aud impartial
protection Of all citizens Of the United States
legally qualified, 10 the right to vote for Repre-
sentatives in Congress, and to this end the Con
mitee on the Judiciary be, aud hereby is, instruc
ted to prepare and report, as soon as may he,
bill for the protection Of such rights, and the pun
ishment Of infractons thereof
Mr.. BAYARD. MIR. President, in as
few words as may, desire TO give
the reasons for my vote upon the reso.
lutions introduced by the honorable
Senator from Vermont; although it is
not without reluctance that occupy
any portion OF the short time remain
ing for the transaction of our necessa-
ry business before the end of the sos
sion, now so close at hand.
/ would draw the attention of the
Senate and of the country TO the fact
that tho resolutions do not como TO us
under the form Of regular business
they are not the result of the delibera.
tions OF any one Of the committees Of
this body; they are not part of the
legislative business of this body; they
] have the odor rather of Il partisan eau
Gus than the labors of committee,
room they are accompanied by nc
measure from the tenor Of which we
can ascertain how far the Senator in.
Producing the resolutions proposes 10
accommodate legislation TO his abstract
views.
These resolutions rather have the
effect Of converting this Senate Cham.
Der intoa moot court for the exhibition
Of argumentative power and party di-
alectics than for any wholesome and
needed purpose Of legislation.
| cannot but feel that such attempts
SAVIOR more of partisan tactics than Of
craftsmanship and appear rather efforts
to help o straitened party than to rc.
lieve distressed and suffering country
The resolutions aver the legal ratifi.
cation and validity Of the thirteenth
fourteenth, and fifteenth amendments
to the Constitution. Now it is remark
able that tho first doubt from any
quarter known to me cast upon the
obligatory force of these amendments
should come from the Senator from
Vermont himself Tho very implica
ton contained in these resolutions that
it is necessary, at this time, tor the
Senate of the United States by its res
olution to confirm the validity Of these
amendments, places them or would
seem to place them If II had any effect
whatever in greater insecurity thar
any one has heretofore suggested.
Why single out these three amend
ments and admit, as this resolution i'm
pliedly does, that they need the confr
nation and fortiflcation OF vote o.
this Senate? For it will be observed
that these resolutions do not propos,
to affect the judgment Of the othel
House Of Congress,-it is confined 4
the Judgment of the Senate solely.
Ifby the judgment OF the Senate Al
at present constituted any effect car
be produced in its expression either Il
weaken or to strengthen these amend
ments, then is 1t not obvious that, By
a change in personnel and party rela
tons in the Senate, contrary resolu
tions can have the effect to obliteratt
those which are now passed and effect
these amendments and deprive them o
validityY TO such q doctrine caI
never consent, and yet it is, in my
Judgment, the irresistible implication o
the resolutions now before us.
If there was no doubt in the mind o
the author of these resolutions Of thu
validity Of these amendments, why
should he think it necessary to brinl
them before the Senate nowY Because
the Constitution cannot be amended by
the separate action of this body mol
the validity of any portion of 1T gait
any weakness or strength by the indi
vidual opinions of members.
Mr.. President, there is not member
of this body who has not, like myself
taken al least once, and some OF III
more than once, the public and solemn
oath OF the office, the emphasis ant
gravity of which is unmlstakable. lti
found at page 155 Of the Manual w
all here use. Let me read the latte
portion
And do further swear Tor aihrm) that, to th
best Of my knowledge and ability, will supper
and defend the Constitution Of the United State
against all enemies, foreign and domestic that
viii bear true faith and allegiance to the same
and / take this obligation freely, without an
mental reservation or purpose Of evasion an
that will well and faithfully discharge the du
ties Of the once on which | am about to enter .
help me God
Let me ask how can additional forc'
be gained by votes in favor OF the va
lidity of these amendments, whicl
every Senator has thus sworn "withou
any mental reservation or purpose o
evasion" to upholdf
Nay, further; the recognition of tn
obligatory force Of these amendment
as part OF the Constitution Of the Uni
tod States, has been recognized by botl
OF the great political parties IN tbei
voluntary assemblage In their nationa
conventions in 1872 and 1876, in Ian
guage too plain and explicit to leav
room for doubt, and which was intend
cd, and has succeeded in eliminating a.
questions in regard to the obligator.
force and validity of these amendment
from any possible controversy.
But Il is not, Mr.. President, the ques
ton Of the regularity Of the adoptio
or validity Of the amendments; 1t
the question of the construction whic
Is sought TO be given TO the amend
ments, that constitute the real objec
of the resolutions. II would plcdg
those who vote in favor Of these rese
lutions 10 pass further laws Of 18th