Year: 1871

i Speech in Congress of Hon. John T.


5a Harris.


On the 5th inst, during the discussion Q


the bill for the enforcement of the 18th amend


ment, Hon. Jnoe T. Harris, under the rule re


stricting speeches to ten minutes, made tn


following speech, as reported in the Congress


ional Globe:


M. HARRIS of Virginia. Mr.. Speaker, il
| the few minutes allotted to me, / do not in


tend to discuss the general merits of this bill
But there is one feature of it which strikes mi


as being sufficient to condemn it even In the esti


nation of its friends. as it must in the judg


ment of the country, This bill presents an as
pect of jurisprudence which have never seer
in any legislation. In the various States o
this Union, as In England, there are laws fol
the punishment of offenses, aud also laws tc
punish attempts to commit ofenses but both
| 10 England and America the laws punish the


attempt with less severity than the actual com


mission of the oAehse, But this bill presents


the anomaly of inficting for the attempt to


ment than is allotted to the ofiense when COM
mitted Ia other words, by this bill con-
splrsey OF two or more persons to commit an
assault and battery is made felony, punisha-
bic by ten years Imprisonment In the peniten-
tlary and line of $4,000, while assault and
battery committed by one man is misdemean-
or, and may be punished by Aue Of one cent
and costs


| appeal to members of the legal profession
to say whether In the history of the law they
have ever witnessed such an anomaly as that
And appeal to gentlemen from the North to
say whether their own section of country will
stand legislation like that2 Are they willing
to say that when two men combine together to
commit assault and battery, but fail to carry
out their intent, fail to hurt a hair of the head
OF anybody, they shall be convicted of felony,
sent to the penitentiary for ten years, and sub
jected to fine of $4,000? That is the effect
of this bill. Not only that but if two men
conspire and combine for the purpose of COM
mltting an ofense, yet do not commit it. and
do any act toward its commission, the Presi-
dent OF the United States. under the third
section, is empowered to declare martial law
and send troops to that portion OF the country.
When man has conceived the design of COM
mitting an offense, and has done any act In
furtherance of the design, this bill allows him
no opportunity to repent of his intention. The
otsense ls then complete with all its horrible
consequences to the party and the country.


But, sir, there is one good feature In this
bill that is, it applies to all, and it is the only
one | have been able to see. Every act of
Congress passed since the war on the subject
of reconstruction has been directed specially
against the South. When the rasp is applied
to your adversary, you can sit with great COM
posure and enjoy it., but when applied to your
self or your friends, the matter presents itself
in different light.


Every amendment to the Constitution and
every harsh law passed since the war has been
sectional, referring only to the reconstructed
States, excepting one law in regard to protect
ing the elective franchise. That was the only
national law and in that you came well nigh
coming into confict with your own Governors.
Your Pennsylvania Governor made his solemn
protest against it. Pass this s~law and send
your troops into Pennsylvania to suppress
conspiracy to commit assault and battery or
conspiracy to commit larceny, and | guarantee
Governor Geary will not submit to it, and then
you will have conflict Of authority between
the General Government and the State of Penn
sylvania


Mr.. DIcKEY. The gentleman need not be
alarmed about Pennsylvania at ALL


Mr.. HARRIS of Virginia. a.-Governor Geary
has given you to understand that the rights oil
the States cannot be trampled upon, even by
his former superior, General Grant. There
was confilct between the State of Pennsylvania
and the General Government in the protest of
the Governor ln reference to the law to which
L have referred. There will be conflict if you
will continue to pass these laws, to which men
North do not agree. Men of the North have
passions like men of the South, and when
they see you have passed law here which
may be invoked against them on the slightest
pretext for the invasion of their States, you
may have conflict between the Federal and
State authorities. Northern men are like
Southern men, and they have the spirit of re-
spect for State rights and for Individual rights,
and when you explain to them that the mill
tary can be called on when any two men choose
to ask il, warn you that your people no more
than our people will submit to law which SO
degrades them and blots them out fiom exis-
teDce as States of this Union.


Mr.. kELLY.-I ask the gentleman what the
people will do there? Would they 90 into an
armed rebellion against the Government?


Mr.. HARRIS, of Virginia. NO. sir we have
mong yourselves You will have conflict, but
1t will be at the ballot box. I wish to see that
rebellion against your rule at the ballot-box of
the North continue until the party you repre-
sent Is driven from power.


We all concede on our side of the House the
unconstitutlonality of this bill but [ do not
propose to discuss it In its enlarged view. as
the time allotted to me is not sufficient for that
purpose. But the States have rights as well
as the General Government. You took the
responsibility of first nullfying the laws passed
by the General Government, and the gentle
man from Pennsylvania knows it, by nullifying
that bill passed bv Congress and signed by the
President of the United States, providing for
the return of fugitive slaves escaping from one
State into another. The Constitution said
that should be done, and Congress passed
law carrying it into execution 1t was you
who first de6ed the powers of the Federal Gov
ernment. By multiplying the fugitive slave law
you first denied the powers of the Federal
Government to legislate for the States. You
first set the example; and now, forgetful of
what you then did, you come here asking us to
pass law botting out the lines of the States
and making one grand consolidated Govern
ment by establishing military despotism upon
their ruins do not believe it will be sub
mitted to by the people North or South but
with united voice they will hurl from power
the party who would thus trample on the
rights of the people and endanger the perpe-
tulty OF republican institutions.


Here the hammer fell


A little boy who went to Church was eau
toned to remember the text, which was -