The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-11-02

gave birth 10 rights and immunities that
might need, and were soon found TO need,
the aid of national law in their support.
Hence, the right was given to Congress to
enforce the prohibition and protect the
rights granted by affirmative legislation.
But, to go on with the history Very soon
after the adoption OF the thirteenth amend
ment, which operates upon persons as well
as States, it was found that the Southern
States as States, could and would evade the
spirit and purpose of the thirteenth amend
ment by State legislation discriminating
against the colored race, This gave rise to
and made necessary the fourteenth amend
ment which operates upon and Is leveled
against States only. Mr.. Justice Field,
in his dissenting opinion in the
slaughter-house cases, most truly says
erly a supplement to the thirteenth" The
thirteenth amendment gave to the slave race
freedom, and all the rights and immunities
that freedom carries with it in the United
States. 1t operated upon persons and States.
The States, while recognizing the abolition
of slavery, began to curtail and abridge the
rights that pertain to freedom by discrimin-
ating legislation. The fourteenth amend
ment supplements the thirteenth by prohib-
iting the States as States from enacting and
enforcing discriminating legislation. The
ol- M RI
vent both persons and States from Cypress
ing and discriminating against the colored
race. Mr.. Justice Miller, in the opinion of
the court in the slaughter-house cases al
ready quoted, says:
Among the first acts of legislation adopted
by several of the States in the legislative
bodies which claimed to be in their normal
relations with the federal government were
laws which imposed upon the colored race
onerous disabilities and burdens, and cur
tailed their rights in the pursuit of life, lib
erty and property to such an extent that
their freedom was of little value, while they
had lost the protection which they had re.
ceived from their former owners from mo-
tives both of interest and humanity. y =
These circumstances, whatever of falsehood
or insconception may have been mingled
with their representation, forced upon the
statesmen who had conducted the federal
government in safety through the crisis of
the rebellion. and who supposed that by the
/ thirteenth article of amendment they had
secured the result OF their labors, the con-
viction that something more was necessary
in the way of constitutional protection to
the unfortunate race who had suffered so
much. They accordingly passed through
Congress the proposition for the fourteenth
amendment, and they declined to treat as
restored to their full participation in the
government of the Union the States which
had been in instruction, until they ratified
| that article by formal vote OF their legsla-
| tive bodies"
This is the true history of the amendments,
as we all well know. Whether the four
tenth amendment conferred citizenship
upon the colored race or merely made a clear
declaration OF pre-existinS fact is moot
ed question. The bred Scott case held that
no person of African blood was citizen.
This was held because the African race was
the enslaved race. The color line was the
line dividing between freedom and servi-
tude. To be tlnged with African blood was
brand and badge of servility. Citizenship
was denied to all of African
blood because they were members of
the race that was in seryility
and bondage The thirteenth amendment
gave to the enslaved race freedom and all
the rights incident to the condition offree-
men. 1t clothed the colored race with what
might properly be termed common-law rights.
| These colored people had no country, no
rights, no immunities until the thirteenth
amendment gave them freedom. In that
gift was included rights, immunities, and a
country. 1t made them offensive
do no say it gave them political rights, the
fifteenth amendment did that-but it gave
them civil rights as citizens. In effect the
thirteenth amendment overruled and set
aside the bred Scott decision, because it
wiped out slavery, upon which the bred
Scott case was based, and gave freedom to
the servile race, making it no longer seryile.
The fourteenth amendment set the question
at rest by embodying in the constitu-
ton definition of citizenship.
1t did not confer citizenship upon
the colored race, but simply declared in
words pre-existing fact. 1t also made an
other important declaration, viz; That there
is citizenship OF the United States indie
pendent of and paramount to the mere citi-
zenship of State. Whether we are right or
! wrong in this view makes but little differ
ence in the present discussion, because the
fact is bevond all DISPUTE that when the civil
rights act of 1875 was passed by Congress the
colored race possessed the right OF citizen
ship in the United States. whether they re-
ceived it from the thirteenth or fourteenth
amendment. In the opinion of the court in
the slaughter house cases, Mr.. Justice Miller