National Republican., 1883-12-13

article. When this was done, the government |
had Just completed one of those prodiglous tests |
OF power which rarely arouse the energies Of ma
tions. In the course OF this test " had supple |
menied the spirit of patriotism thar filled the
the war by the voluntary action of our citizens,
with resort 10 that compulsion which recognized
no excnse, except one Of public character. The
conscrpton act was inexorablc. Not home nor
ease, nor pleasure. nor business, nor private IN
teresi nor race, nor color nor riches nor loverty
stand I'm opposition TO the command with which
the conscrption ordered the citizen INTO the ranks
OF the army common line OF citizenship sur
rounded all, and common obligation of
allegiance rested on all. An equality which
knew no degrees or grgSSps ,hS nSsa gavo,n ,ns
ment planted Itself during the dreadful years Of
the war; aud we may not wonder now that con,
gress and the nation were anxious at the close of
the struggle that there should be no ground on
which even hyporcrilieism could plant Itself TO
question the protective power St me Tepnoiic.
of the millions Of our population who had
emerged from slavery, rendered II especially de-
sirable that no doubt In this regard should re-.
main. 1t was plain. so far as those millions were
concerned, well as all the members Of their race
| in this country who had not been subject 70 the
| supreme oppression OF slavery, that some proeo-
tiyelaws would Ue needed which had not there.
| tpforo been resorted TO. Those people were
| fteighted down with the crushing burdens OF
| ignorance, prejudice, race distinctions, line Of
CASTE and disabilities evolved by two centuries of
slavery. But they were citizens ana entued 70
fourteen Of the constitution and It's reassertion pi
| the protective powers of congress-.
| Mr. Wilson then reviewed the civil rights legis-
| lation, which he said was rendered necessary by
the fact that the constitution will not enforce IT.
self But the supreme cenrl o. me United states
had recently declared this legislation of congress un
constitutional and void and mad held that state
action that is prohibited BY the constitution, not
| the individual invasion of individual rights He
quoted at length from the cases decided BY that
court aud conbatted the doctrine which led to
its conclusion, According TO this theory all that
tection to the citizen, aud the ma
zion cannot help him: a.. And this is
called the equa, proteG3n 81 ane INV ana .ne
1--WE will doubtless, all agree" he said that
after all has been done that can be done by con-
stitutions and laws, there will remain much for
the individual cltizen 70 do. We oannQt enact
thrift. This must be worked out by the individual.
we cannot, by law establish social position
mra6le personal qualities which Inspire the re.
spect Of our fellow citizens, We cannot ordain
| success. This must come through application,
persistence and judgment.
"The most that constitutions and laws can do Is
to assure to each citizen an equal chance with all
| others, to reach those ends which governments
are organized to promote. but no citizen has
an equal chance who has not equal protection. II
Is his right to possess both. II Is the duty of gov
ernment to assure both for justice is the founda-
ton Of government"
Mr.. Garland said the question involved in this
proposition opened very broad field of inquiry,
and at the proper time he would wish TO bc heard
on 1t. Meanwhile, he would say that no one who
had read the various decisions of the supreme
court for some years past could have entertained
any doubt what It's decision would be in the re
ceilt case which had been SO much commented on
He cited several cases in point, and added tha
the Inconsistency was not TO be found in the
opinion of the majority Of that court, but in tina
OF the minority-namely, Justice Harlan. !
white black. or any other kind of people in thi
country had not the equal protection of the law
he was In favor of giving 1t to them and haC
never tried to deny II to them, but how far con
gress could go in throtliDg state he was not nov
prepared to bay, but hoped 70 be prepared wher
this proposition should come up for debate.
The resolution was then referred to the commit
tee on Judiciary.
on motion Of Mr.. ingalls, the senate went int
executive session, and shortly aferward ad
journed.