Year: 1866

less possessions? When such q case IS pre-


sented can we no providaa remedy? Who viii
doubt it? Must we wait for the preparation
of the wrong before acting7 Who will affirrr


this? The power is with us to provide th,
necessary protective remedies. Ifnot, from


whom shall they Gomez From the source
interfering with the right? Not at all. They


must be provided by the Government of tht
/ United States, whose duty it is to protect the


citizen in return for the allegiance he owes Il
the Government. Justice reason, everything
asserts this as true theory for the guidance o.


our action. This is in accord with the dig
nifty Of government Withou, it the Republic
becomes an oppressor, exacung discharge


Of duty by the citizen, in the absence of th,
power to return protective compensation.


| will now notice particularly the provis-


ions of the amendment proposed by the
! gentleman from Ohio Mr.. Bingham1 to the


motion to recnmmit. | want no more com
pete assertion of the power to pass this bill
as reported from the committee than the


gentleman own amendment. What does be
propose? To instruct the committee to re-
port back this bill, striking out Of the first
clause the words land there shall be no dis
elimination of civil rights or mmunities


among citizens of the United States in any
State or Territory Of the United States, on
account of race, color, or previous condition
of slavery = and to insert in the eighth line


Of the first section, after the word right,
I the words Sin every State aud Territory OF


the United States - leaving the section in
every other respect precisely as reported by
/ the committee


Now, sir, what rights does the gentleman
/ propose to protect Let his own instructions
answer for him


/ And such citizens Of every race and color,
without any previous condition of slavery or
( involuntary seryitude, except as punish
Z ment for crime whereof the party shall have
been duly convicted, shall have the same
right in every state and Territory of the
/ United States to make aud enforce contracts,
to sue, be parties and give evidence, TO in
herit, purchase, lease, sell, hold, and convey
real and personal property, and TO have
equal benefit of all laws and proceedings for
the security of person and property as is en-
joyed by white citizens, aud shall be subject
TO like punishment pains, and penalties, aud
to'none other, any Law, statute, ordinance
regulation. or custom to the contrary not
wi.hstanding.


Now, | want to know whether these rights
are any greater than the rights which are in
cluded in The general term life, liberty, and
property" And yet the gentleman admits
by his instructions. and asks this House 10 in.
dorse his admission. that the General Govern
ment may secure 10 citizens Of the United
States in every State the possession of these
enumerated rights. | take the gentleman S
own instructions, and his argument in favor
Of them, and apply them as argument in
support Of the report Of the judiciary com
mittee. They 90 AS far as We have gone, and
assert the identical powers and principles
which we have asserted.


But he says the second section is objection
able. Well, want no more direct authority
than his own in vindication Of the principle
involved in the second section VIA, does
he propose in regard to it? He moves


Also to strike out all parts OF said bill which
are penal. and which authorize criminal pro.
ceedings and in lieu thereof to give 10 all cit
izens injured by denial or violation of anv OF
e other rig It's secured or prote ted by SAID
a { an actIon in the United States courts.
with double costs in all cases OF recovery,
without regard to the amount of damages:
and also to secure TO such persons the prlyl-
lege OF The writ OF habeas corpus.


What difference in principle is there between
saying the citizen shall be protected by the
legislative over OF the United States in his
rights by civil remedy aud declaring that he
shallbe protected by penal enactments agains;
those who interfere with his rights? There
nc difference in the principle involved li
we may adopt the gentleman mode we may
also select the mode provided in this bill
There Is a difference in regard TO the expense
OF protection, There is also difference a.
TO the effectiveness ofthe two modes Bevond
this, nothing. This bill proposes that The
humbest citizen shall have ful and ampe
protection at the cost of the Government
whose duty 1t is to protect him. The amend
ment Of the gentleman recognizes the princi-
pie involved, but it says that the citizen de-
spoiled of his rights instead Of being proper
ly protected by the Governments must press
his own way through the courts and paw the
bill attendant thereon. This may do for the
rich, but to the poor, who need protection,
1t is mockery. The highest obligation which
the Government owes to the citizen in return
for the allegiance exacted of him, is to secure
him in the protection Of his rights. Under
the amendment of the gentleman, the citizen
can only receive that protection in the form
Of few dollars in the way of damages. if be
shall be so fortunate as to recover verdict
against solvent wrong doer. This is called
protection. This is what we are asked to do
in the way of enforcing the bill of rights.
Dollars are weighed against the right of life.
In erty, and properly. The verdict of jnry
is TO cover all wrongs and discharge the obi
cations of the Government to its citlzens


Sir, cannot see the justice Of that doctrine.
Iassert that it is the duty of tie Government
OF the United STATES to provide proper protec-
tiol, and TO pay the costs ate dant n Il VIE
have gone out with the strong arm of the COY
ernment and drawn fromtheir homes all over
this land, in obedience to the bond of alIe-
glance which the Government holds on the
citizens. hundreds of thousands of men to t[rs
battle field; and yet while we may exercise
this extraordinary power, the gentleman
claims that We cannot extend the protecting
hand of the Government to these men who
have been bathing for the life of the nation.
but can only send them at their own cost to
juries for verdicts of a few dollars in compen.
sation for the most fragrant wrong to their
most sacred rights. Let those support that
doctrine who will, | cannot.


Sir, in the votes upon the several proposi.
lions now before US. expect to have the in.
dorsement OF most, if not all, Of the members
OF this House of the great principle involved
in this bill. Of course, our Democratic
friends will vote for the motion of the gentle.
man from Ohio Mr. Bingham 10 recommit
the bill, with instructions, and thereby direct
the committee to report bill which shall de.
clare all persons, negroes included, citizens
of the United States, and we shall have the
gentleman from Ohio who addressed the
House yesterday voting in favor OF iastrueting
the committee to report the bill back so
amended as to still embrace all the specified
rights to which he objected. And we shall
have the gentleman from New York, fMr
Raymond, who addressed the House vester.
day, voting in favor of.;nstructions which will
compel the committee on the Judiciary TO
report back IA bill which shall involve the
identical principle of the second section Of
this bill, upon which he based his opposition