The sun., 1879-02-05
MIR. BArARD spElKIxo IN THE sENArE
OpposinE she Edmunds RESOLUTIONS Concern
Ing the War Amendments

WASHINGTON. Feb. 4'-Mr. Edmunds's reso-
lutions declaring the validity Of the Thirteenth.
Fourteenth. and Fifteenth Amendments were
taken up in tho Senate. Mr.. Bayard (Dem..
| Dcl) said that they savored more OF party tac-
| tics than true statcsmnnship. and they did moth
ing to relieve the wants OF the people. II II was
| proper for this Senate to declare these amend
ments valid. then when another party wns in
| power 1t would be proper to declare them not
| valid. To such doctrine he could not con-
| sent Every Senator was sworn to sup
/ port them. and the great political par
| ties had in convention sustained them.
/ The real object Of tho resolutions was the con-
I structon to be given to the amendments. He
/ argued that this was n centrnlzation OF power.
and against nothing were we more strongly
warned by the founders OF our Government
| than the accumulation of powers in any single
/ branch Of our Government. Armies. arranged
! 10 overthrow Government by force, were not
! halt so dangerous rs this subtle attempt TO
| place, false construction upon the Con-
slitutlon. i was q design 70 bring within
| of the citizen which had always been
ntrusted TO the States. II wus n most danger
Gus capitalization Of power TO give to the Fed
ernl Government that unlimited sway over the
| rights OF citizens which had becn left wholly to
the state Governments. II was against every
step in that direction that he now protested. He
then referred TO the reconstruction laws and on:
| forcement acts. and said he still considered
them to be wholly without constitutional war
/ rant. In support OF his argument he quoted
from various decisions Of the supreme Court
/ affecting these lnws aud pertaining 20 tho ques-
| tion of civil rights. privileges. and immunties
81 citizens. duties and powers Of the state and
said it would be-, NJ Mr. Madison had said the
| very definition Of tyranny TO hold TINT judicial
/ and Legislative functions could properly exist in
u free land in the same body. IL was untor-
Soa5t had ssen aisrcssardcdd! u snd, snd lays
referred to coses to bo tried in tho Supreme
Court of the United States testing the validity
OF the Civil Rights law. and said these cases
could not be tried too soon. II the power. claim
ed E that bill did exist then the political party
which ever II be. that got possession OF the Gov
ernment. had almost 4 llmitcss aud crushing
power to sustain itself forever. The whole OBJ
ject OF this resolution was 10 procure from tho
senate an approval Of the Unconstitutional
leRis lation heretofore enacted, against which
he struggled in vain 9t the time oi It's enact
conflict with these amendments. All over the
land there was acquiescence aud obedience
but every day we saw tho inabillty, Of
men 20 avail themselves OF their rights.
and others Of similar character. design 70
renew doubt. suspicion, and dstrust on tho
part Of one section OF the country against tho
other Most Of our troubles had come from tho
fact that our countrymcn were ignorant OF each
other II the eXigency Of party should call
upon men to raise strife. whatever might he
the result he would he found On the other side
advocating peace and good will. and asking our
counirymen TO dwell, not upon each others
faults. but upon their virtues. lIo would bo of
no party he would aid in no legislation that
did not recognize the right OF every man in all
parts of the country There was IN the unwrit-
ten lhw that which would crush every man with
indignation who sought to secure the domina,
rights Of the entire American people,
Mr. Edmunds said he consurrcd with Mr..
/ BNard that every man should have equal
rights. II that was tho attitude OF his friend
! and his party. then there was no difference IN
only question was how to get them. II had been
an accusation against great many gentlemen
who thought rs hr Mr.. Edmundsl did when
thry had been appealing tor equal rights. that
they were promoting sectional hptred IL was
the mission ot Legislation somewhere to see 70
IL that this equality Ot ali WAS made real, and
should cease to be u hollow prctenco under
which a minority mish. control states. What
Edmunds here read the first part ot his
rciolutions, and asked WIS there anything in
P Eaf9 The oGSht sought TO pTGm6S9h ,6S tho dSS9rf
mchts were legally ratified. but the other side
seemed to assert tnhi. although they were not
wished 20 vote upon those two proposition
would laye an opportunity to do SO The party
ble trainer In the ranks. had always believed IN
the rights Of the states IA the Union. But they
[ also believed IN the rights OF tho Union. lie
then read from ia" substitute of Mr. Morgan IN
I regard tn " bHluE tno duty Of the state "a
then quoted from the fiipcnth Amendment "a
show that 70 WAS within tie power of tae
Federal Hovrrnmsnt 10 punish "nGpdcrs;
lie denied thnt ia" Supremet purt Il the United
States. IN the Reese c.se. had decided EganS
the cousiltutionAuty of any at oi Congress. ON
the contrary the Court SAID that the Indictment
would have been good had IL stated that the
man was deprived OF his right % vote on a..
count of race color or previous condition Of
Gietipu - tho Iutcd States % punish the
offenders When n state either by inv or IN :
want ot law. either hy the admin lstruton oi
III Executive or judicial Department or tho
want ~ administration, lailr e. Sive equal pro:
the United States said Congress bad the right
10 eniorre That pTQtecuon against All eomsrs
liberty ui ours. this brotherhood. not only 81
States and OF communiilcs but "a brotherhood oi
men rNrrYwhrr". anu me Nuitc 'ould not lro,
trct ia" man. ih"u inie common brotherH0ud
ot ours should extend is protecting hand. lie
quoted AZ length from decisions oi the supreme
Court of the United States, and argued that
there WAS nothing in them that bore hair e
weight against his resolutions. The Saprrme
Court OF the United States had decided that
such uws ~ Congress had passed growing ouI
Oi the war Were themselves the rlghtiul SUD.
Jects Of Congres. lonal legislation. 1t WAS in
aid Of home rule, ii was IN aid of local self.
government that the Federal Government had
the power under the Constitution 10 protect the
citizens. II was not 10 overthrow States II was
! To- support aud upnUld them. Tue prpt"'flu un
OF citizens had been lvit with the NtHtrs for con,
vcnienrc; nut when all the States represented
= ~ me senate anu ali NE l'"pi' I'PIrsehteu ~
the other House nt Congress deemed II eNpnil-
, entto exert tue Federal power ,thcy coud do SO
lie d"por"d thr cphdltlul ol hllhlIs IN me
, of the southern States. and SAID II was bearing
its necessary iruit. whlch was bahNruItcy
ruin. ana distress hanging over some oi them
. on account OF which they could not pny thcli
honest debts. lie WAS not for rect lying wrongs
/ lu one section Of the country and not IN m.
=, other. There WAS not the sllghlest lnclnntiur
on the part Of Senators ON MS side oi the cham
Der tu smut tner eyes against real or lmREinnr
! wrong anywhere IN the North. il WAS for n,
o | Senate To say whether It WIS ready to exert its
: | constitutional power for tho protection OF ciyl
rights that arc essential TO the existence Of III,
! States.
= Mr. Whyte Dem. Md then took tho floor
= I but yielded 20 Mr. Garland (Dem.. Ark for
, { motion for an executive session.
MIR. Edmunds opposed the motion for an ex
I I ecutiye session. and hoped his resolution.
4 would be disposed uf to-day,
, Tue motion ol Mr.. Garland was agreed to-
= Yeas. IS; nays. Is.