National Republican., 1883-10-23
COL. Il. G. INGERsoLL,

tion of human rights.
COL. II. G. INGERSOLL.
Col. Ingersoll said that they had met for
the purpose of expressing their opinions OF II
recent decision Of the supreme court of the
United States. He gave tho substance Of the
decision and of the sections of the civil rights
bill which were found unconstitutional. lie
said that it must bc taken for granted that
the Judges arrived at thu ir conclusions hon
estly: it was their right to make tho decision,
and it was equally the right of every cti2cn
TO Ecriticisc that decision. 1t must
he remembered that judges were but
men. Once q decision of the
supreme court was unquestionod; it was
regarded rs "a voice from on high" Tho
Drcd Scott decision destroyed that illusion
1t must also be remembered that the judges
keep their backs to the dawn; they find what
has been. not what ought to be; they are fet.
tered by precedunts. Public opinion regard
ing doctors preachers, and judges has
changed. OncU their word was unqucstioncd
now they are cross-examned. In this coun-
try the people are sovereign, and have the
right to question the acts of their agents.
unfortunately for MS, our fathers adopted
tho common law of England law poisoned
by kingly prcrogalivcs, by the spirit OfcaSto-
and pcrmcated, saturated with tho political
HCTGSN IllJ InO ppOplD TcCGlNHu luNlG IlgnlS,
privileges, and immunites from the crown"
Col. lngersoll read the thirteenth amend
ment. Before its passage, he said, the consti-
tution was the shield OF slavery. For three
quarters of u century the supreme court of
the United States exhausted ingenuity in
protecting slavery. He then proceeded to
score the old court and the trainers of the old
constitution. "ln the rebellion" said he,
the supreme court was the last fort which
surrendered" The adoption of the thirteenth
amendment made the slaves free men ant
citizens. Since then the supreme court ha
decided that freed men were % part of the
people, and that the people, constituted thC
stale. Under tho constitution tho state Il
guaranteed a government republican in form.
II distinctions are made because Of color the
the republican form Of government does not
exist, and it is the duty of tho general gov
crnment to sec that every state has such {
government.
The speaker then proceeded to prove thai
the civil rights legislation was authorized by
the thirteenth amendment, because tha
amendment abolished not only slavery, but
every badge and brand and stain and marx
of slavery" 1t abolished all distinctions OF
account of race or color "FrOm the momon
of the adoption of the thirteenth nnIcndmen
the law became color blind"
The fourteenth amendment was then tallcI
mn and decisions of the supreme court wcr
power to make Just this legislation. Thi
portion OF the speech was simply powerful
legal argument and eliminated with til
case of Hall VS.. De Cuir, vol. 9j, United state
supreme court reports. OF this he said "Th
state Of Louisiana, acting in the spirit o
these amendments 10 the constitution, passet
"a law in 1869 requiring that all persons Ell
gagged within that state, in the business O
common carriers Of passengers, should max
no discrimination on account of race or colo
Under this law De Cuir took passage on
steamer, buying n ticket from New Orlear
10 Hermitage, the entire trip being With
the limits of the state, and on the boat WI
refused accommodation on account Of he
color. She recovered in the state court {
Louisiana II Judgment of $1,000, The dC
fcndant appealed to the supreme court
Louisiana, and the Judgment of the cOui
below was sustained. AitCrward il was take
to the supreme court Of the United States b
tho administrator of the defendant on I'll
ground that federal question was involved
Now you will sec that this was Il cas-
where the state had acted, and had acted cX
Gctly in accordance with the constitutions
amendments had by law provided that I'll
privileges and immunitics of citizens Of til
United States should not be abridged in til;
state, and that no distinctions should
mido on account of color And in that ca!
the supreme court OF the United States 40
cmnly decided that tho state had 10 right
lcgslatc, and uses the following language:
"If the public good required such legisl
tiOn, 1t must come from congress and III
from the states,
"ln tho five cases recently decided tho
cision is exactly the other way; that is
say, if the public good requires such lCgisl
tiOn it must come from the states aud IL
from cougIeSs"
Upon what the speaker called the "subte
fuge Of appropriate lCgislation,'' he quot,
Chief JutCo Marshall to show that Congre
has power TO make all laws necessary 10 carr
the constitution into effect, and that Congrc
IS tho Judge as to what laws are nccessar
Judge Clifford admitted that. power is vest
in congress TO enforce, by appropriate lcgisl
ton, tho prohibition contained in the fou
teenth amendment and appropriate legsl
lation," according TO Judge Marshall, is simp
legislation which, in the opinion Of cOngre
Is necessary 20 secure the end for which +
amendment was adopted Proceeding, y
lngersOll said:
The next subtorfuge is that the word sta
does not include the people in the state.
my judgment the word ''state,' rs used in t
constitution, includes not only the persons
office, but the people who put them the
and whose agents these officers are. In {
constitution IL is provided that no state sh
coin money" According to this decision u
person in any state may have that right, n
congress can enforce no law against su
person. And yet we have stat,
that prevents any person in a
state from coming money. No matter if
should coin it of pure gold of the requis
tineness and weight, he is criminal.
have q silver dollar coined by the governm
worth So cents If any person in any st
should coin silver dollar with dollI
worth of silver in it. he would be held gui
! of crime.
And yet the only authority that congI
I has springs from that clause: mo state 81
coin money"
l. The sovereignty of state extends o
to that which exists by its own authority,
2. The powers of the general governm
were not conferred by the people OF sin
state. They were given BY The people Of