Year: 1874

Mr.. Wheeler, of New York, from the
Committee on Appropriations, reported
the army appropriation bill of SO. .449, ,9l6,
which was made the special order for Tues
day of next week.


The House then resumed the considera-
ton of the supplementary civil rights bill.
Mr.. Frye, of Maine, said he had had
charge of a similar bill at the last Congress
and was prepared to advocate 1t at length
but he was SO convinced that the bill COM
mended itself TO the great majority of the
House and of the country that he would
not occupy the time of the House, but yield
the floor TO Mr.. Harris, of Virginia.
Mr.. Harris, of Virginia, addressed the
House in opposition to the bill, contending
that Congress had no right to interfere
with the internal legislation of the States,
and that this bill would break up the pub,
lie school system, and the lunatic asylums,
and the other charitable institutions of the
Sonth. He appealed to the House wheth-
er any one would contend thai the negro
was the equal of the white man.
Mr.. Lynch, (col) of Mississippi, rose in
response to the challenge, but Mr.. Harris,
amid great laughter, declined to yield to
him, saying that he was addressing him
self to white men and did not propose to
let negro interfere.


Mr. Stephens, of Georgia, next arose to
address the House, but said he could hot
say all he had to say in twenty minutes,
! and he asked to have an hour allowed him.
Mr.. +. r.. Hoar objected but subse-
quently offered to withdraw the objection
| in case the same privilege was allowed to
Mr.. Elliot, (col.) of South Carolina.
Then Mr.. Walls, of Florida, also colored,
renewed the objection, but he, too, with
| drew it.


Stephens then took his position in the
| back part of the hall on the Democratic
| side and proceed TO read speech in op-
position to the bill saying in view of the i'm
| portance of the subject, he had reduced his
views to writing. He was not opposed to
the bill because of any opposition he had
| to full and ample justice to every human
being within the legitimate Jurisdiction of
the Federal or Legislative power. The chief
end of governments, whether State or Eed-
eral, should be the protection of the right


His opposition to this bill sprang from
no prejudice against any man, woman or
child within the limits of the United
States, on account of race, color or pre-
Vlous conultiou of ser~itnde. He enter
tanned no feeling of that kind, and was
not governed in his action by any influ-
ence of that sort. His opinion of Justice,
and its proper administration was not
founded on that dogma so generally an
nounced and so perniciouS in principle
that ii should be for the greatest good of
the greatest number, but on the higher
rule that it should be for the greatest good
"
| While he did not hold the doctrine of the
equality of the races, he did maintain the
great truth, however paradoxical it might
appear, that all men were created equal.


That great truth had been announced
first by council of State on the 4th of
July, 177G, but it was never meant to con-
vey the idea that all men were created
equal in all respects. Physically, mentally
and morally, it was, however, meant to as
sert the great law of nature-that all men
had an eqnal right to justice and TO stand
perfectly equal before the law. In proof of
his willingness to have all natural rights
secured to colored men, he sent to the
Clerks desk and had read extracts from
addresses made by him to the people of
Georgia.


But he was opposed to the measure or
any one kindred to it, because of the want
| of the necessary power on the part of Con-
gress under the constitution. He assumed
that every member would admit the pow
ers of Congress were specific and limited,
and that all the legislative powers which
Congress could rightfully exercise were
held by the delegation from the people of
the several States, and he contended that
no new powers had been conferred on Con-
gress by either the fourteenth or fifteenth
amendment to the constitution.


The proper remedy was in the judg-
ment of the courts to be rendered to such,





any State acts in violation of the rights of
citizens to be null and of no effect. He op-
posed the bill further because of its inexpe-
diency, even if the power were unquestion-
ed in Congress to pass this law. He thought
it would be injudicious and unwise to eX-
ercise it-would be better to leave all such
matters to the States. ..


He did not believe in point of fact that
the colored people of Georgia, desired it,
their religious and church organizations,
except in the case of the Catholics, were
distinct from those of the whites and they
had their own schools, even colleges for
colored youths. They did not desire to
have mixed schools.


Mr.. Stephens occupied the floor for an
hour and a.quarter, having had his time
extended twice, as usual however, in the
case of written speeches, its delivery did
not command or receive the attention of
the House.


The peroration was these words: "If you
who call yourselves Republicans shall, in
obedience to what you consider party be-
hest pass this bill in the vain expectation
that the Republican principle of the old
time Jeffersonian school are dead, be as
sured that you are indulging a fatal delu-
sion. The old Jefiersonian Democratic
Republican principles are not dead and
will never die so long as true devotee Of
liberty lives"


"They may be buried for awhile, as the
Magma Charta was trodden under foot in