National Republican., 1883-10-23

g. The United StltoI is oyernment whose
authority extends over the whole territory OF
the union, acting upon all the states ana upon
all the people of all the states.
A. No state can exclude the federal govern
ment from tho exercise of any authority con-
fcrred upon il by the constitution, or WIN
hold from it for moment the cogni2anco OF
any subject which that instrument has COM
mitted to il.
3. It is tho duty Of congress to enforce the
! constitution, and IL has been clothed with
| power to make all laws necessary ana proper
| for CARRYING into execution all the powers
vested By the constitution in the government
of the United States, or in any department or
! officer thereof IS. I
0. Congress is tho Judge as to what lcgisla-
ton is necessary and appropriate to carry into
effect any part of the constitution.
Z. 1t is the duty of the government to
protect every citizen in all his rights every
| where, without regard to race, color, or
previous condition of scrvitudo.
8. Every citizen, when his privileges and
imnunities are invaded by the legislation OF
a state, has tho right of appeal from such
state to the nation.
o. Whom a state fails to protect o citizen in
any right or privilege guaranteed to that
citizen by the constitution of the United
States, ho has the right to find redress in the
federal courts
TO- Tho thirteenth amendment declares
that neither slavery nor involuntary servi-
tudc shall exist within the jurisdiction of tho
United States.
This is not merely q negation il is an
affirmation and the duty Is imposed upon
the general government by that amendment
to see to it that neither slavery nor involuu-
tary scrvitude shall exist. 1t is u question
absolutely within the power of the federal
government, and the federal government is
clothed with power to mako all necessary
laws to enforce it,
IL. The fourteenth amendment provides
that all persons born or natural2ed in the
United States, and subioct to the jurisdiction
thereof are citizens of the United States and
| of tho states wherein they reside.
| This Is an affirmation. 1t is not simply u
prohibition The moment that amendment
was adopted It became the duty of tho United
States TO protect the citizens created by that
amendment.
We are no longer citizens of the United
States because we are citizens of the several
states, hut we are citizens of tho United States
because we have been born or naturali1cd in
the United States.
II therefore follows that it is not only the
right but the duty Of congress to pass all laws
necessary for the protection Of citizens of the
United States.
H. Congress cannot shirl this responsibility
t hy leaving citizens of the United States to be
taken care of by the several statos. The recent
decision of the supreme court cuts as with a
sword the tic that binds the citizen to the
general government. Under the old cOnsti-
, tuition there were no citizens of the United
States; there were only citizens of the va.
rious states, and such citizens looked to their
@ several states for protection
. Tho federal government had no citizens.
5 National patriotism did not rest on mutual
[ obligation. Under the fourteenth amendment
e we are all citizens of n common country, and
our first duty our first obligation, is not to the
3 state in which we reside, but to the federal
government.
: This section of tho fourteenth amendment
destroys state prejudice and lays the founda-
tion for national patriotism.
10. All statutes, all amendments to the con-
sttution, in dcrogation of natural rights
should be strictly construed
ii. All statutes, all amendments for the pre-
servation of natural rights should be literally
construed.
Every court should seek to narrow by con-
struCtion the scope of every law that infringes
upon any natural human right; and every
court should, by construction, give the broad
est meaning to every statute or constitutions
provision passed or adopted for the preserva
tiOn of freedom.
In constituting the thirteenth, fourteenth
h and fifteenth amendments. the court need no
h go back to decisions rendered in the days o
4 slavery--in the days when narrow aud con
$ strained construction was the rule, in favor o
c state sovereignty and the rights of the master
@ Those amendments utterly obliteratel al
S such decisions. '' --- 'st
Tho supreme court should begin wiSl
tho amendments. 1t need not lool
t behind them. They are part o
= the fundamental, organic law of the nation
n They were adopted to destroy the old dc
cisions--to obitorato all former statutes.
{ They laid new foundation for d new ma
= tion.
t The supreme court has failed to com pre-
hpt, nn Airit pf
k valued the accomplishments of the war. /
n has not grasped, in all their grandeur, tn
Il mission and destiny of the republic.
t The decision is, in my Judgment unworthy
of the august tribunal by which it was deliv
IL cred 1t has given new life to the serpent
e of state sovereignty. 1t has furnished food
d and drink, breath and blood, to prejudice
IS that were prrishing of famine; and in th
IL old case of Civilization VS.. Barbarism, it ha
e endeavored to grant the defendant ney
IS trial.
10 The next subtcrfuge is social equality.
If is claimed that social equality cannot be en-
d forced by law.
l. Nobody thinks it can.
IF This is not question of social equality, bu
10 of equal rights
r. colorcd citizen has the same right to rid
Il upon the cars that have; the same right I
rs be fed and lodged at public inns that have
II the same right to visit tho theater that
AS have.
rr The federal soldiers who escaped fror
Of Libby or Andorsonvillc, and who in swamp
C. in the darkness of night, were fed and ro'
Of cuod by the slave, had no scruples about cal
rt ing with Il ncgro They wero willing to s.
N beneath tho same tree and cat with him til
ly food he brought Tho white soldier was will
nc ing to find rest and slumber beneath til
d. nGgrO's roof.
sc Charity has no color 1t is neither whit
< nor black
al Patriotism is the same. Social relation
40 depend upon almost an infinite number {
no influences and considerations.
at We all have likes and dislikos. We choos
be our companions
SO This must bo natural right. You cannC
'!- force into my house persons whom do III
to want there. But there is II difference betweC
q public inn and u private house. The inn
a. for the public. The private house is for Il
ot family and those they may invite. Tho Ian,
lord invites the entire public, and ho mu
O. serve those who come, if they are fit to be r
to ccivCd.
a. A railway is public, not private. 1t doriv
ot its power from tho state. 1t takes priva
land for public purposes. II is incorporate
,r- for the good of the public, and the publ
ed must be served. The railway, the hotel d
,ss theater has n right to make distinction b
ry tween people of good manners and bad
,ss tween the clean and the unclean, the vicio
~. and the peaceable. There are white peoI
ed who have no right to be in any place exec
la n bath tub, and there are colorod people