National Republican., 1882-12-21

muniies and equal political Tlghis ana prlNlleEes
Mr.. Bingham moved the following MS u substi-
tutO by way Of amendment;
The congress shall have power TO mako all laws
which shah be necessary aud proper 10 secure to
the citizens of each state all privileges and i'm
muniics Of citizens in the several states (art 4
sec. p and to NIL persons in the several states equal
protection In the rights of life, nberly and prop
ery df,h amendment
After discussion
The question was taken by yeas and nays, and
IL was determined in the nilrmatVo-yeas 7, nays
6, absent and not voting . SO the amendment
was agreed to. The question was upon agreeing
to the proposed amendment of the constitution as
The question was taken by yeas and nays, and
II was determined in the atlirmative-yeas O. nays
4,absent ana not voting2.
SATURDAY, Feb 10, 1866.
The committee met pursuant to the call of its
chairman.
The committee resumed the consideration of the
joint re, olution proposing an amendment TO the
constitution Of the United States as amended ON
motion of Mr.. Bingham at the last meeting. J..
MIR. stevens moved that the same be reported to
the two houses of congress.
The question was taken by yeas and nays, and
II was decided in the aifrmative-yeas 9, nays D.,
aDspnt and not voting /.
~ the time the fourteenth amendment was
ratified, Mr.. Conkling continued, as the
records of the two houses will show,
INDIVIDUALS AND JOINT STOCK COMPANIES
were appealing for congressional and admin
istrativc protection against invidious and dis
eliminating state and local taxes.
That complaints of oppression, in respect of
property and other rights, made by citizens
Of northern states who took up residence in
the south, were rife in and out of congress,
none of us can forget.
The war and its results, the condition of
the freedmen, and the manifest duty owed to
them, no doubt brought on the occasion for
constitutional amendment, but when the oc-
Casion came, and men set themselves to the
task, the accumulated evils falling within the
purview of the work, were the surrounding
circumstances in the light of which they
strove to increase and strengthen the safe
guards of the constitution and the laws.
The civil rights bill which passed, and nu-
merous kindred propositions which were
brought into the two houses would be hard of
explanation, if, indeed, the demand and pur-
pose of the time was to give protection only to
the freedmen, and to them only in the partic-
ulars in which they were then already in need.
In tracing the history of the recent amend
ments in the slaughterhouse cases Justice
Miller says that the ballot was deemed essen
tial to the fruitiOn and maintenance of the
liberty which had been given to slaves. This
is quite true. The ballot was the central idea
in providing protection for freedmen. 1t was
believed that the ballot in the hands of the
colored man would be both sword and shield
Comforting citizenship was part of the same
purpose. The Importance of the elective fran
chise had come, however, to be thoroughly
appreciated before the fourteenth amendment
was conceived. All who supported that
amendment hoped it would insure the ballot
to the black man. Most of its supporters con-
fidently believed it would have this effect, for
although it left the several states to say
whether or not freedmen should vote, it i'm
posed loss of representation as a penalty for
denying the right. This middle course was
preferred to taking from the states the power
to say who should be electors.
The elective franchise, citizenship and
the privileges and mmunities of citizens,
were all undoubtedly associated with the
emancipated race, and with that race ex-
clusvely.
But this cannot be said of any other subject
matter of the fourteenth amenment.
Mr.. Justice Miller says: ave do not say that no
one else but the negro share in this protection
And So if other rights are assailed by the
states which properly and necessarily fall within
the protection of these articles, that protection
VIII apply, though the party interested may not
adequate to the pending case. The defendant
might be content with it, had not the distinguished
jurist who uttered it, later on expressed doubt
about a majority of the court coming up to 1t. The
opinion proceeds: I'VE doubt very much whether
any action of a state not directed by way of dis.
crimnation against the negroes, as class, on ac-
count of their race, Will be ever held to come
within the purview of this provision.
The dissenting opinion in the slaughter
house cases, added to- what may be gathered
from Missouri VS.. Lewis (101 U. S., 22) ;
United States VS.. Cruikshank (92 U. S., 542)
from the sinking fund cases. and from several
Others encourages the hope that the amend
ment will never be dwarted into n mere
remedy for one single wrong, and that of
nature which, with or without constitutional
cure, must have been ephemeral in the last
quarter of the nineteenth century.~
Mr.. COnkling then dwelt at some length
upon the right of corporations to the benefit
of the protection guaranteed to persons.
Recurring to the distinction of race, as
limit of the meaning of the fourteenth
amendment, he said: Suppose in n state where
the cOlorcd race outnumber the other race,
laws should be Contrived or n constitution set
up under which the property of white men
should be contiscated, is it possible that the
court would say the constitution is dumb, but
would speak if the same parties were re-
versed?
The true question in searching for the
meaning of the fourteenth amendment, is not,
i'll n given case, whether or not the trainers
toresaw that particular case, and acted in ref
crence to it. The inquiry is does the case fall
within the expressed intention of the amend
ment? All cases embraced by the letter of
the amendment must be included unless OBJ
viously repugpant or foreign to its purpose
and spirit. -
He cited Chief Justice Marshall and Judge
Story in support of this rule of Interpretation.
During his discussion of
THE HISTORY OF THE FIFTEENTH AMEND
MENT,
and its relations to the exciting events amid
which it was framed he said:
THE RIGHTS AND WRONGS OF FREEDMEN
were the spur and the incentive of the occa-
sion. 1t may be true, as Mr.. Justice Miller
observed, that but for these considerations
this amendment never would have been sug-
gested. What then? A particular grievance,
some startling illustration of a grievance is
commonly the spur of agitation and popular
and legislative revolutions. The Staying of his
daughter by a Roman father was the spur and
occasion for radical changes in Romes juris-
prudence. pig breaking through fence
brought on a bloody war Laying tax by way
of stamp on paper sundered the relations Oft the
colonies and Great Britain. But what then?
Did the logic of events, did the changes in
jurisprudence, did the principles established,
did the transmutations in relations, did the
remedies and redress secured, contne them
selves to the little cause, the particular incl
dent, provocatiOn or failure of justice, from
which the agitation, the movement, and the
reformation came? 1t would be hard to eX-
plain the civil rights bill which did pass, and
the unnumbered bills of kindred character
which were brought forward and did not pass,
if indeed the fourteenth amendment had for
its alpha and omega the protection of the
dark -browed man of the south. do not for
get that the civil rights bill takes the white
man and his privileges as the standard by
which TO measure the rights of all included,
declaring that Others should have the rights of
the white man, that being deemed the acme
of immunity and protection. The men who
conceived the fourteenth amendment were
only breaking the way, not for future ages