National Republican., 1883-10-20
Tho saunl Protection Of The Laws.


union armies. President johnson and Secrc-
tary Seward both said these governments
could only acquire legitimacy and porma-
ncnco when approved by congress. The black
codes enacted by these trial governments
woro so utterly incompatible with tho
freedom Of tho blacks and eXhib-
tied such n, spirit of resistance to
the new era OF emancipation that congress
was obliged to ntcrpose to the extent Of its
authority for the protection Of the freedmen.
A civil rights bill was passed. by congress
March Is, 1866 providing that all persons,
et',p Indians and aliens without regard TO
racs or color, "jhall have the same right in
every ST. t. and territory in the United States
to make and enforce contracts, to sue bo
parties, aud give evidence; to inherit,
purchase, lease, sell, hold, and con-
vey real aud poreo al property; and
to full and equal benefit of all laws and pro-
cecdings for the security of person and prop
orty as is enjoyed by white citizens, and shall
be subject TO like punishment, pains, and
penalties, and to none other, any law, statute,
ordinance, regulation, or custom to tho con-
! trary notwithstanding" Tho act gave tho
federal courts exclusive jurisdiction over all
cases arising under it, and provided for the
transfer from the state to the federal courts
of all cases brought to impede or obstruct its
execution.
Although tho act was q lengthy one, it
asserted for the blacks only the rights Hbovo
enumerated, the remaining sections being
devoted to questions Of remedy and pro-
cedura. 1t was vetoed by President johnson
as unconstitutional, and passed over his veto
BY more than two.thirds vote in each
house. In the senate it received the votes of
Anthony, Gratz Brown, Chandler, Clark,
Conn 's, Cra;.n, Crcswoll, Edmunds, Fosson-
den, F. tcr, G. m, llarris, Henderson,
Ho Yarl, How hi kwood, Lane (lndana),
NJ au, NJ ryll (Iaine), Nyo, Poland,
Po rry, Il m y, Sherman, Spraguo, Stew
art, SUNNI T.umblll, Wade, Wiley, Will
iams wiz on, and Yates.
The negative votes were Buclialew Davis,
Guthrie, Hendricks, Johnson, McDougall
Ncsmith, Riddle, Salisbury, and Wright, all
democrats, and Cowan, Doolittlc, Lane
(kansas), Norten, and Van Wrinkle, republic
cans. Tho bill received the support of all but
seven of the republicans who voted and en-
braced 1872 namoS. including those of Allison,
Banks, Boutwell,, Conkling, Cullom, Dawes,
Delano Garfield, Morrill, (Vermont), schenclI
Shellabargcr. Stevens, Il. B, Washburnc,
James L. Wilson, and Window. This bill be-
came u law on tho ninth of April.
On tho eighteenth of June following tho
joint committee on reconstruction, of which
William Pitt Fcsscndcn was chairman on the
the part of the house, made its report, recon.
mending that before allowing representa-
tion " in congress from the so-called confcdcr.
ate states adequate security for future
peace and safety should be required; that
this can only be found in such changes of the
organic lalU as shall determine the cpH rights dnC
priUilegcs of all citizens in al parts Of the repWj
lC." Other important conditions were alsC
rected. Tho committee had previously ro
ported the proposed fourteenth amendment
and it was modified and adopted. Thu
amendment was adopted in order to rcmov
all doubts as to the power of congress to Gu
force the rights Of the freedmen. 1t did no
A provide in terms that congress nigh
O enact laws for tho protection of cti
! zens, except in cases where tho state
. made the laws bear unequally upon difcreu
n classes. 1t proclaimed national ctizenshi
t for ALL and declared the privileges and in
v munltie5 of citizens of the United States {
be higher than and above all state laws.
pared the claws Of tho tiger Of state right
and made the states powerless to deprive an
u due process of law; and by forbiddin
10 the state to deny to any person within il
" jurisdiction the equal protection of the laws,
: it made every state law which had boon e2
,, acted for the white man alone equally til
u law for tho black, Not a right exists undo
: the laws of any state which does not ex
equally for all. Tho state cannot make dii
elimination against any citizen on accoul
y of race, color or anything else.
- The amendment was rejected by the Johl
- son governments at the south, and being pr
W vi3ional and temporary only, these Were s.
~ aside, and the people erected new ones, whiC
: congress recognized as republican in forr
% and which, being admitted, ratified IL
% amendment in 1868. The suffrage amen,
70 ment followed, and then laws for the enforc
' ment of both. Equal civil and poll tcal righ
seemed thus assured.
The power given to congress to enforce h
y amendments appeared to the general mil
" clear, explicit and sufficient The matte
> seemed founded upon tho rock of equal ju
~ tice. But soon came tho struggle betwe
- the state bent upon injustice and wrong, Al
- the nation bent upon right and justice,
~ Martin Luther sang
d. our ancient enemy, he subtle is and strong.
T. The peoples WILL which some in congro
attempted to express was found to have be-
of mt in doubtful phrases. Lawyers wore ask