388 CONGRESSIONAL. RECORD. JANUARY 6,
.Al o the petition of Peter G. Stuart, for compensation for property Also, the petition of 70 ~itizens of Carroll County, Ohio, including ta.k n for Government use in Pacific City, Washington TerritQ:ry. nearly all the postmasters m thu,t county, asking for a law reqni.rino Al o, the petition of J. D. Hubmun, for compensation for hotel in tho postage upon newspapers and other perioilicals to be paid at th~ P acific City, Washington Territory, lost by Government reservation. office ;where mailed. Also, several petitions from citizens of Ore~on, California, and Washin9_ton Territory, praying for the construction of a breakwater at Port urford, Oregon. POST-ROUTE BILLS. Dy 1\lr. NILES : T.he petition of B. A. Clark and others, for payment The follov;ing bills were introduced under the rule, and referred to of a claim in favor of the Southern Methodist publishing house at tbe Committee on tlw Post-Office and Post-Roads : Nashville, Tennessee. By Mr. HATCHER : A bill to establish additional post-roads in the By ~lr. O'NEILL : The petition of ·william Wheeler Hubbell, for counties of Saint Francois, Stoddard, Dunklin, Scott, and New Madrid settlement of royalty for his explosive hell-fu e patent, in the naval in the State of llis ouri. ' ervice. By Mr. LUTTRELL: A bill to establish a post-road from Santa lly Ir. ORTH: Memorial from citizens of Posey County, lndiann., Rosa to Calistoga, in Californi..'t. praying for removal of obstructions in the Ohio River opposite Mount A~so, 3: bill to establish a post-road from Chico to Big Meadows, in Vernon. C aliform::L. By Mr. PAGE : A petition from citizens of San Joaquin County, By Mr. WHITTHORl~ : A bill to esta,blish certain post-routes in California, praying for an appropriation for the improvement of the Tennessee. San Joaquin Rlver . .A.l o, joint resolutions from Legislatures of California, asking Con gress to grant to the State of California the exclusive right to use and control the unnavigable waters within their State. IN SENATE. By Mr. PHELP~: The memorial of Joshua Y. Butterworth, f9r extension of pat-ent. TUESDAY, Janua1·y 6, 1874. By .Mr. POLAND : The petition of Simeon Farnsworth and 112 other Prayer by the Chaplain, Rev. BYRON Sm."'DERLAND, D. D. citizens of Danville, Vermont, praying that all post-offices in the The Journal of yesterday's proceedings was read and approved. United States be made money-order offices, and that the rate of charge be diminished. PETITIONS AND :MEMORIALS. By ~Ir . ROBBINS : Resolutions of the General Assembly of North l\1r. FERRY, of Connecticut, presented the petition of James C. Carolina, in opposition to an ,increase of internal-revenue tax on Cooke, of Bridgeport, Connecticut, praying for an extension of his tobacco. patent for an improvement in the manufacture of webbinO'; which By lli. SAYLER, of Ohio : The petition of William Beard and was referred to the Committee on Patents. ~ other , for permission to prosecute claims for back rents and dn,mages He also presented the petition of Fre<.lerick B. Didier, of Hartford to lands of Camp Dennison, Ohio, before United States Court of Claims. Connecticut, praying to be indemnified for spoliations committed by By nlr. SENER: The petition of James A. Anderson, late of Com the French prior to the year 1801; which was referred to the Commit pany F, One hundred and twelfth Pennsylvania Volunteers, praying tee on Foreign Relation . for a pension. 1\Ir. FERRY, of Connecticut. I also present the memorial of the Also, a petition of citizens of Northumberland County, Virginia, Chamber of Commerc~ of the city of New Haven, in w~ch they say praying the passage of the civil-rights bill. that the great underlymg cause of the present comrnermal distress is By Mr. SMITH, of Ohio : The petition of 110 citizens of Jefferson found in the inevitable operation of an irredeemable paper currency; ville, Fayette County, Ohio, asking such change in the law as will that by its operation the industry of the country has been removed require the prepayment of postage on newspapers. from the control of tho e naturaJ.laws by which both commerce and Also, the petition of 46 citizens of Oregon, Warren County, Ohio, indu t r must be regulated to be sound and pro perous; that they can ru,;king such change in the law as will require the prepayment of see no permanent relief exoept in the adoption of wise measures for a postage on all mail-matter. · return to the permanent and universal standard of value. They By Mr. SMITH, of Virginia : The petition of Benjamin R. Crist, therefore pmy that Consress may take immediate measures to lead of Warren County, Ohio,. asking for a special a,ct granting him a the country ba-ck to speme payments by providing for the redemption pension. of the legal-t-ender Trea-suxy notes. I concur in the views of this peti By Mr. SMALL: The petition of Charles H . Ladd, for compensation tion, and move that it be referred to the Committee on Finance. for u e of real estate during the war. The motion was agreed to. Also, the petition of Caroline P . Gerrish, for a pension. Mr. CHANDLER presented two memorials of citizens of Detroit, Also, a petition to establish a post-route from iron-works in T:un- Michigan, remonstrating against the repeal of the banlnnpt law, and worth to dwelling-house of Joshuu,N.Piper,in.A.lbany,New Hampshire. asking for important modifications thereof; which were ordered to Also, the petition of Henry M. Fife, for a pension. lie on the table. Also, the petition of Ruth B. Brown, for a pensi~n. Mr. .A.NTHO:NY. I present the memorial of 1\I. W. Aldrich and Also, the petition of Mrs. Ann Brackett, for a pension. many others, merchants, manufacturers, 1)ankers1 producers, and busi Also, :1 petition for the establishment of a mail-route to Leighton's ness men of the city of Providence, r emonstrating again t the abso Corner, New Hampshire. lute repeal of the bankrupt act, and asking for uch modifications as By Mr. SWANN: The memoriaJ. of James L . McPhail, Voltaire Ran Congre in its wisdom may see fit to make. The memorialist recog dall, aml Eaton G. Homer, of Baltimore, Maryland, praying for relief. nize the importance of a uniform rule throughout the country for the By Ir. TYNER: A petition from sundry persons residing in Cass prevention of fraud and preferences among creditors in cases of insolv County, State of Indiana, late soldiers in the service of the United ency, and a like rnle by which honest insolvents may be discharged States in the war for the suppression of the rebellion, asking for the from their debfs. pas age of a law to equalize bounties. I have seldom had occasion, Mr. President, to present a paper which lly Mr. \V.A.LLS: A petition of the grangers of Order No. 8, of Ham represents so large and general an expres ion of the deliberate and well ilton County, Florida, asking that the cotton ta,x of the yea,rs 1865, considered judgment of the intelligent business community which I 1866, 1 67, and 1868 be refunded. have the honor in part to represent. It comes from all classes of the By Mr. WHITTHORNE: A memorial of the president a,nd directors varied industry and production and investments which characterize of Ro e Hill Cemetery, of Columbia., Teune see. _ the State. The opinion which it presents is much more nearly unani Also, a petition of H. M. Bugg and others, for post-route from mous than is often reached upon controverted questions, and this Pulaski to Brick Church. unanimity is the more remarkable, because the bankrupt law was Also, a petition of W . G. Boehms and others, for :1 post-route from originally rec eived ~with great doubt and distrust by many of these Columbia to Burns Station, via Lick Creek. memoriali ts, inasmuch as it overrode our insolvent !aws, to which, Also, a petition of W . 0 . Britt and others, for a post-route from Cen however objectionable they might have been, the business relations treville to Britt's Landing. of the State had become adapted, and which could not be changed By Mr. WILLARD, of Vermont: A.petitionfortherelief of Willia,m wi+hout serious temporary inconvenience, but which, after experience •To lyn, of Vermont. of both systems, they do not wish to restore. lly .Mr. WILLIAMS, of Indiana: A. petition for the relief of the The PRESIDENT pro tempore. The Judiciary Committee having ecuritie of James S. Collins. reported on the subject, the memorial will be laid on the table. By Mr. WILLIAMS, of Michigan: The petition of Cha,ncy J . Poore, 1\Ir. HAMLIN. I have received and been requested to present a late private in Battery G, First New York Light Artillery, asking thu,t memorial, very numerously signed by merchants of t.he city of Bangor, privu,te act No. 230, approved March 3, 11:;73, granting him a pension, Maine, remonstrating a~ainst the repeuJ. of "the bankrupt law and may be so amended as to authorize pension from the date of his dis asking for a proper modification. charge. I have received also another memorial from merchants of the same Hy M.l'. WOODFORD: The petition of John Hogan, late of the Sev pla-ce and for the same purpose ; also another memorial signed by enteenth New York Volunteers, for amendment of bounty laws so as legal gentlemen, by Albert W . Paine and other legal gentlemen, of to equalize bounties and secure the same to two-year volunteers. · the same place and for the same purpose ; also another memorial By Mr. WOODWORTH: The petition of 72 citizens of Mahoning signed by legal and commercial men from the city of Belfast, in the County, Ohio, for the acknowledgment of God anu the Christian State of Mainer of the same purport; all of which. I move to r efer to religion in the Constitution of the United States. the Committee on the Judiciary. 1874. CONGRESSIONAL RECORD. 389
The PRESIDENT pro ternpore. The Committee on the Judiciary PAPERS WITHDRA~ Al."\fD REFERRED. h ave reported on that subject. On motion of 1\fr. ~ITLTON, of Texas, it was Mr. HAMLIN. I was not aware that the report had been made. I Ordered, That the petition and papers of .A.. M. Wilson, a Cherokee Indian, pray. move, then, that the memorials lie on the table. ing compensation for property taken by United States troops in 1862, be taken from The motion was agreed to. the files and referred to the Committee on Claims. ~fr. HAMLIN. I also hold in my hand a memorial signed by On motion of Mr. PRATT, it was numerous ship-owners in the State of Maine, whose ve sels were destroyed in the war by rebel cruisers other than the Alabama, an~~£e~.'ecf~a~h~c!~t~ea~: Cl:s~ of David Braden be taken from the files Florida, and Shenandoah, who believe that the principle upon which On motion of ~fr. EDMUNDS, it was the Geneva award was founded was applicable alike to their case. Ordered, That the petition and papers of Charles W. Forbes, of Rutland, Ver I move tha.t this memorial be r eferred to the Committee on the Judi mont, praying compensation for the loss of a horse while in the seiTice of the ciary; I believe they have that subject before them. United States, be taken from the files and referred tQ the Committee on Claims. The motion was agreed to. On motion of :Mr. WRIGHT, it was Mr. MORTON presented the petition of John W. Trnit~, l ate of the Ordered That the petition and papers of William H. Mannine:, of Farmington, One hnndred and forty-second Indiana Volunteers, praying to be Iowa, asking1 compensation for timber taken, 'be taken from the files and referred to allowed a pension; which was refe:rred to the Committee on Pensions. the Committee on Military Affairs. Mr. SIDlNER presented the petition of Augusta H. Chapman, of On motion of Mr. MERRIJ\10N, it was Boston, Massachusetts, pmying to be indemnified for spoliations com Ordered, That the petition and papers of the soldiers of the-'l'!rlrty-fifth Tennes· mitted by the French prior to the year 1 01; which was referred to see Ca•alry~ praying compensation for services rendered, be taken from the files the Committee on Foreign Relations. and referrea to the Committee on Military .A.ifairs. Mr. SillfNER. I also present the petition of citizens of New Bed On motion of }.fr. CLAYTON, it was ford, Massachusetts, setting forth tha.t they lost seriously by Confed Ordered, That the petition and papers of Ge{)rge .A.. Armes be taken from the erate cruisers other than the Alabama, Florida, and Shenandoah, and files and refelTed to the Committee on Military .A.lfairs. asking compensation under the recent award. I move its reference to On motion of Mr. CRAGIN, it was / the Committee on the Juuiciary. 1 Ordered, That the petitioners in the case of theNew York and Brooklyn Improve. The motion was agreed to. ment Company have leave to withdraw their petition and papers from the files. Mr. SARGE JT presented a memorial of the Mechanics' St::tte On motion of Mr. J\.:UTCHELL, it was Council of California, remonstrating against the repeal of the eight Ordered, That the petition and papers of Mrs. Candace Griswold be taken from hour law; which was referred to the Committee on Public Buildings the files and referred to the Committee on Indian Affairs. and Grounds. . Mr. SPENCER presented the petition of Samuel C. Cain, praying BILL REFERRED. compensation for cotton alleged to have been seized by the military 1\fr. BUCKINGHAM. I move that Senate· bill No. 30 be taken from authorities of the United States ; which was referred to the Com the table and referred to the Committee on Finance. mittee on Claims. The motion was agreed to; and the bill (S. No. 30) to provide for 1\Ir. HOWE presented the petition of Leonard Rood, of the town of free banking, to secuTe an elastic currency, to appreciate national Lyndon, Sheboygan County, Wisconsin, father of William Rood, de obligations, and to rea-ch specie payments without commercial embar ceased, late a private in Company E, Thirty-sixth Regiment Wisconsin rassment, was referred to the Committee on Finance. Volunteers, praying that the charge of desertion be removed from his son; which was referred to the Committee on Military Affairs. REPORTS OF COl\11\:IITTEES. Mr. PRATT presented the petition of Sciotha Brashears, late of the Mr. SCOTT, from the Committee on Finance, to whom was referred Seventeenth Kentucky Cavalry, praying to be allowed a pension; the bill (S. No. 147) authorizing national banks that have decided to which was referred to the Committee on Pensions. reduce their capital stock to withdraw a proportion of bonds upou :Ur. WRIGHT presented the petition of W . H. H. Crandall, late retiring their own circulating notes, or depositing lawful money of the captain and assistant quartermaster United States Vohmteers, pray United States, in the proportion provided by law, reported it with jug to be allowed a pension; which was referred, to the Committee amendments. on Pensions. Mr. FERRY, of Michigan, from the Committee on Finance, to whom ~fr . INGALLS presented the petition of Anna. Hancock, late Anna was referred the bill (S. No. 193) for the benefit of Uriah Porter, re Dolinger, praying to be allowed a pension; which was referred to the ported it without amendment, and submitted a report thereon; which Committee on Pensions. was oruered to be printed. Mr. MERRIMON presented the petition of John Julius Guthrie, J\.fr. SCHURZ, from the Committee on Foreign Relations, to whom praying the removal of his political disabilities; which was referred was referred the bill (S. No. 169) for the relief of Marcus Otterbourg, to the Committee on the Judiciary. late consul of the United States at the city of Mexico, and minister He also presented a petition of citizens of Chatham and Orange to the republic of Mexico, reported it without amendment. Counties, North Carolina, pra.ying that those counties be transferred from the western to· the eastern judicial district of North Carolina; COLLECTION OF INTERNAL REVENUE BY STAMPS. which was referred to the Committee on the Judiciary. Mr. MORRILL, of Vermont. I have been directed by the Commit - He also pre ented additional papers in the case of R. H. Jones, ex tee on Finance to report back the resolution introduced by the Senator ecutor of Wesley Jones, late United States ma-rshal of North Carolina, from Massachusetts, [Mr. Sme.TER,] instructing the committee" to con praying payment of a balance due said Wesley Jones for taking the sider the expediency of reducing the national expenditure by abolish census of 1860; which were referred to the Committee on Claims. ing the office of Commissioner of Internal Revenue and other offices Mr. CONKLING. I have sundry petitions to present on the sub under him, and forthwith providing by 1:1w for the collection of allint.er j ect of the bankrupt law ; the first one, numerously signed by mer nal taxes by the sale and use of stamps, the presence of stamps on chants of the city of New York, expressing the fear that Congress articles being evidence that they had paid the tax, and the absence ha-s not rightly comprehended the sentiment of the commercial classes of stamps that they had not paid the tax, and taxed articles without touching the bankrupt law, and asking that the Senate may so direct stamps being seizable by any officer ana forfeitable in any United its proceedings that that class of the public may be heard, and indi States court, the law to be admjnistered by the Secretary of the Treas cating clearly opposition to the repeal of the law. my; and to considerthe extent of saving and economy by such change." I have another petition, signed by many leading commercial men I am directed to report the same adversely, and ask that it be indefi and fi.rms of the city of New York, to the like effect. Also, a petHion, nitely postponed. very numerously signed in Brooklyn, New York, stating t.he belief Mr. President, I will say that until the millennium: arrives we can that the bankrupt law requires amendment, and considerable a.mend not expect to have our taxes voluntarily paid to the extent tha.t they ment, but remonstrating against its repeal. I move that all these ought to be in order to sustain the Government. Unquestionably the p etitions lie on the table. amount of taxes collected would be reduced by this proposition The motion was agreed to. nearly or quite 50 per cent. ; and while we might undoubtedly reduce Mr. BOREMAN presented the petiton of the Methodist Episcopal the expenses of collecting them almost entirely, we should lose in church at New Creek, West Virginia, praying relief and compensa evitably at least one-ha.lf of the taxes by abolishing the office of tion for their church building at that place; taken and occupied. by, Commissioner of Internal Revenue. At the present time most of our and converted to the use of, the. United. States Army, under proper taxes are received from tobacco and spirits. These taxes require the orders, dming the late rebellion; which was referred to the Commit- constant vigilance of the Department here and of its officers all over tee on Claims. · tlte country. If they were to be abolished of course we should haYe Mr. COOPER presented the petition of A. J. Tynes, of Tennessee, any amount of fra.ud and illicit distillation. Under present circum praying compensation ·for the value of buildings destroyed by mili stances, it is fair to say that the amount of the reduction in the ex tary order during the late war; which was referred to the Commit penses of collecting the internal revenue has not been as great as was tee on Claims. anticipated, nor perhaps as great as it should have been; but I hope He also presented the petition of F. E . Stewart, administratrix of that for the coming year the excellent officer in charge of that De. Michael S. ·Stewart, of Tennessee, praying compensation for wood partment will very largely and more vigorously reduce the expenses cut under a contract for the Government; which was referred to the of collecting the revenue th.roughout the colmtry, as I think be ought Committee on Claims. to do. The expenses in many. districts, although the aggregate has Mr. EDMUNDS presented the memorial of Auilley W. Gazzan, a been r eun.cetl, are yet far too large. citizen of New York, protest~g against the repeal of the bankrupt :Mr. SUMJ\TER. 1\fr. President. what is the condition of tho quoo law; which was ordorocl to lie on the table. tion ¥ 390 CONGRESSIONAL RECORD. JANUARY 6,
The PRESIDENT 1n·o tempore. The que'tion is on the indefinite PRESE~T FRO)l THE EMPEROR OF RUSSIA TO EDWARD YOU~G. postponement of the re olution offered by tho Senator, allll reported l\Ir. C.cU.lERON. I am instructed by the Committee on Foreign adverse1v by the Committee on Finance. Relations, to whom was referreu the joint resolution (H. R . .Ko. 14) l\lr. SU1\1NER. My attention was called to the Senator's remarks givjug the consent of Congress to the acceptance by Edwaru You11g after be rose. I should like to know of the Senator whether the of a pre ent fTom the Emperor of Rus2ia, to report it back without committee bas considered the economy incident to 1 the l)roposeu amendment; anu, as I suppo e there can be no opposition to it, I ask cb:mge. The suggestion was that the taxes on spirits and tobacco to have it actetl 11pon at ouce. It cannot take more than a moment. should be by stamps-stamps to be solu at specmed places throughout The PRESIDENT pro tempore. Is there objection to the pre ·ent · the country. The Senator sees at once the economy of sneh a change, consi to say that this little bit of a ring-not of n:s much vu,]ne as a gold the executi-On of his duty, been swayed in the exercise of b:i.s hi{l'h hea{led cane would be, because that would help to prop him up in his discretion, by gifts of any kind or by influences which the Americ~n o!d days-cannot be received by this .simple-minded man, I think people would suspect and r eject, then the consent of Congress shoulll would be cruel. be mo t emphatically withheld. Mr. THURMAN. I wish to say a word on this resolution. The But there are many occasions in which a kindly courtesy willlon(J' •r easons that influenced the framers of the Constitution in putting in remain to gratify not only its recipient, but his children and his fef. it the inhibition which it contains against any officer of the Govern low counhJ7ID.en. I can well imagine bow, in a duty so entirely ab ment receiving u,ny present from any ioreign prince or potentate, stracted from personal interest as that in which this g ntleman with are well known. It was the custom when the Constitution was others bas been concerned, it would be a most gracious endin(J' of a formed, and had been for a long time before, and hns been since, for dry business task tha,t the affair hould he marked by some so~wc·nir e.ven the ministers of a. foreign country to receive presents from the of kindness and respect. For that reason, sir, conceivin~ that the country to which they were accredited; and at that time very few full power is give.n to this gentleman, when authorized by t.he consent trea.ties were formed where presents were not bestowed upon those of Congress, to receive this present-believing it to be ent.irely inno who negotiated them. The framers of the Constitution sa.w fit not cent, amatter flawfulandhonorablecomplimenttohim-Ishall vote only to forbid that, but to forbid any officer of the United States with pleasure that he ma,y be permitted to receive it on this occasion.' from receiving any present from any foreign potenta,te or prince M:r. HOWE. lr. President, the Senator from Delaware has aid without the consent of Congre s. almost identically what I wished to say when I rose at the time he Now it 'eems to me, as has been said by the Senator from :Massa did. I conceive myself that if the Constitution had intended to say c.husetts, that we ought to hu,ve some p1inciple on which we go in that no employe of the United State should receive a present from a gn:mting this as ent. If we grant it whenever it is applied for, the foreign prince except in the identical case of a seaman who should provision of the Con titution amounts to nothing. If we grant it in peril his life to rescue a foreign citizen, the Constitution would have one instance that stands on no particular principle, it is very difficult said so. It was as easy for the makers of the Constitution to define to refuse it in another instame; for it is not only then apparently the precise case in which a pre ent might be given and received as it an injustice to the individual who a-sks for relief, but it seems to be is for us to-day to define that case; and inasmuch as the Constitution some discourtesy to the foreign princes that bestow the gift. I think, did not define the case, I conclude with the Senator from Delaware therefore, that we ought to have some principle upon which we go that it me~t t<_> ?-o what by the terms employed it did do-leave it, i n giving this assent, and I can conceive of none better than that not to the rndiVldual employe, but to the Congress of the nited sugge ted by the Senator from Massachusetts. In cases where our States to say, acting upon each ca e as it aro e, whether or not that officers or citizens hn,\e risked their own lives on the high sea in ~as a :proper ca-se in which the individual ~ght r~ive the pre ent, saving the lives a,nd property of the subjects of a foreign prince, and rntending to guard, as I suppo e, the public emce against undue he has recognized that by offering to bestow upon them some gift, foreign influence. we have a plain simple rule, a,nd we have always granted that con And now, sir, I would not have said a word if I felt that the only s nt; and for the pre ent at least, I think we had better confine our- consequence of thlsvotewa to determine whether Mr. Edward Youn A bill (H. R. No. 34) authorizing the Second National Bank, of I hould like to know by "hat means they could enforce the payment Havana, New York, to change its name. of any compensation or challenge the constitutionality of the law BILLS L.~TRODUCED. Mr. THUR211A...t.~ . The Senator says that it is competent for Cou 1\lr. HOWE sked, and by unanimous consent obtainecl, leave to gre s by law to say that particular Senators shall receive no compcu introduce a bill (S. No. 244) for the relief of Charles W. Berry, late sation. The Constitution says: private of the Thirty-sixth Reg"iment of Wisconsin Vohmteers; which The Senators anu R epresentatives shall recf'ive a compensation for their erviccs, • ·was read t\vice by its title, and refened to the Committee on Military to be asoortained by law anu paill out of the Treasury of the United 'ta.tes. Affairs. I want to know if that do not impose upon Congress tho duty of He also asked, and by unanimous consent obtained, leave to in providin vania by name7 and say that they shoultlroccive no compellSation, and pay that wa£ taken for services prior to March 3, 1873, than the1·e has 1874. CONGRESSIONAL RECORD. 393 been about the increased pay subsequent to that period. The most seemed to becQme less apparent and were aballdoned as unt.cnaule, odwns paJ·t of it was tha.t taken for services prior to l\i:lrch 3, 1873. and finally the public sen e fOlmU expression in a demand for repeal. Tho back pay was what made this bw odious in thee ·timation of tho This I am disposed to regard a,og the public judgment. p eople; and to sa.y that what we have received since then was ill It is not the first time in its history that Collgress bas found itself ~otten gain and what we received previous to that period is all right, at variance with its constituency upon the question of its compensa, IS illogical and unworthy of this Senate. I do not want to be placed tion, a subject upon which the public has always been especially sen in :my such position. I propose to amend this amendment so that it sitive, arising, doubtless, from the 11eculiarity and amplitude of the shall cover the whole case, and then test the sense of the Senate upon constitutional provision. It was in the Constitutional Convention the question of whether the whole of tbis is ill-gotten gain or not. seen to be a matter of great delicacy and difficulty. It contraveneu In moving this amendment I do not retract what I said last spring the American habit of thought of stipulated compensation. Here it ''hen the subject was under consideration, aml what I said yesterday, W:;tS left exclu ively to the employed, a method in itself a constant that I do not believe $7,GOO a year is an unreason::tble compensat ion challenge to criticism and a provocation to complaint. ,for memlters of Congress. I do not believe a less compensation is in So has ~een its history at each attempt of Congress to a-djust its accordance with oilr duties or with the public good. I do believe compensatiOn, not more apparently on account of the amount of com that the public good requires that every member of each House shall pensation than, the fact of exercising such antbori.ty at all; as in 1816 be placed in an independent and respectable position while be adrrUnis when complaints were general and denunciations unqualified, Con ters the gTeat duties of his office here :1t 'Vashingtou. I believe be gress ha,ving adjusted its compem:;ation at $1,500. should be independent of harnssing board-bills for his family. I be Between the judgment of Congress as to what is adequate compen lieve he should be placed in a position where his family can ent.ertain sation for services and charges incident to public service, and the pop r ea onably, modestly, quietly, their friends when t.hey call upon tbem, ular questioning as to the method of ascertaining it, and whether a i;1 rooms suita,ble for the pnrpose, that they shall not consta,ntly be different rule should not obtain in the case of the legislator from that hnmiliated in being brought in contact with the ordinary world. applied to other occupations, there is ample ground for contrariety of Seventy-five hundred dollars a year is no extravagant sum for a opinion and dissent, mutual misconceptions and dissatisfaction. quiet, modest family to live upon in ::my city of the Union; and :Mr. President, the question of the salaries ~as an entirety. It was every citizen wh9 is at all conversant with such matters, or whose a question of compensation. There never was ally other question in opinion is at aU valuable, must know that bet. It cannot be possi it wbicb should touch any ma,n's judgment or conscience except this: ble th:-~t citizens knowing t.hat fact, knowing it as well as they do, Was it an adequate or an inadequa,te compensation'· In other words, can wish to put us on a lower salary. I have never met one that has was it in excess of a, reasonable compensation"? If it was it applied not admitted it to me in conversation. I have talke(l with hundreds equally to "bac~ pay," the .curren~ pay, and the prospective pay. And of people; I h ave. put the simple question to them, " Do you believe no one :who believes tha.t It was m excess ca,n take and hold consci a gentleman -with )lis family call live decently in any city of this entiously, in my judgment, either the back pay or the prospective pay. Dillon on less than 7,500 n. year, and entertain bis frientls as a repre Mr. President, I shall vote for the repeal, pure and simple. sentative must -when they call upon him, and have a room to receive The PRESIDENT .vro temp01·e. The question is on the amencl.ment t hem in ; do you believe it can be done for less money than that'" of the Senator from Indiana [Mr. PRATT] to the amendment reported and the answer has been invariably from gentlemen with whom I have by the Committee on Civil Service and Retrenchment. conversed, "No." That is my own judgment. I am willing to vote ir. CONKLING. What is that amendment for that snm. I believe, llotwithstanding all that has been said, that The PRESIDENT p1·o tmnpore. The amendment to the amendment that is not an unreasonable amount; but I say if the Senate think will be read. otherwise let them reduce the amount. If they think it was so out The CmEF CLERK. The amendment is to insert at the end of line rageous to fix our pay at that sum, that the money thus taken was ill 10 of the amendment of the committee the following : gotten gain, and should be disgorged, then I say disgorge it all ; dis Provided, however, That the Senators, Representatives, and Delegates of the For- . gorge the back pay a,s well ::tS the pay received subsequent to March ty-third Congress who have received their compensation since the 4th day of 1, 1tl73. If it be the judgment of the two Houses of CongTess that it March, 1873, at the rate of ,500 per year, in accordance with the act of March 3, was ill-gotten gain, then I will disgorge it in obedience to that jo.dg 1873, shall here.aft:~r be paid_ only such monthly installments a,s shall, in the a,::rgre gate, make theu; compel!sation for the whole C Senate. I frequently leave my money there during the whole session, subject and the prejudices that overwhelm us. When could it have fortunately not having any use for it. I have none under heaven for been enacted An appropriation must be made at every session of i t now. I have some other similar bills to the one I have shown you, Congress for the expenses of the Government for all purposes pertain when I want to exhibit them. I do so now simply to show that I am ing to it, both great and small. Is there a Solomon here who coul The C hie£ Clerk read n,s follows : Mr. Ashmun ...... , ··----- $!J20 Mr. Ma.con·--··----- · - ----·--- - 2, 946 llarbonr. -- _--.----- ·--- --. _ 2, 850 lla.aon, of :rew Hampshire. 2, 680 There was formerly constructive mileage paitl to members of the Unitetl States Barry . ." . - --·----·----·-·--· 2,0 0 Mason, of Virginia.. ______2,360 Senate, who were called to meet in e:!..'iira session after the adjom·nment of Cong.TeSR, under the fiction th.'tt they coultl make journeys home, and return to the capital BiblJ. _____ . - .. ·------· .. 2, 070 Morrow ... --·----- · ·-----.. 3, 000 Brown .. · ------·----- · --· 2, 980 KolJle. ·------·------_ 920 from the roo t distant pomts in the nation in a day or two. Some Senators had Campbell .... _-.--. __ ------_ 2, 950 Roberta . . ---- . ____ . ___ ·--. 3, 000 constitutional scruples, and refu. ell to receive this extra allowance, which to those fi·om lonrr di tance amounted to as much aa the per diem for a whole ses. ion. Chase ... ______.·--- ___ . __ . 3, 000 RSanfugg1 ~ds.. _-_-_-.·-·-·.-----.------.-. -.-.-- _- 3, 000 AmonCT tho e was Senator Mouton, of Lowsiana, who represented that State from Conmt ...... ·----··----·· -· 2,!l80 01 2,720 1837 ~ 1841. 'ow he wants his back pay, too. A request was received at the ~~~~~~:~~ --~~~ ~~--~~·-·--.- ~::~: ~: ~ ~:t~~------·_-.-_-_-_-_-_-_-.-:::::: ~g Tr~>asury Department 'l'hnrsUa.y that the milea$e which he had not drawn for two Fromentin. ____ . ___ __ • . __ .. _ 3, 000 Tait. ___.. ____ .. ____ .. ___ . . 3, 000 special sessions of the Senate might be forwarued to him. Gaillard, President. __ .. ___ . 6, 000 Talh ot. ____ . . . __ . . __ .. _.... 2, 730 1r. FLANAGAN. Now, fr. President, I can see the propriety very Goldsborough.. --- . . ·--- .. __ 2, 840 TaJ7lor, of South Carolina._ 1, 990 Gore .. - .. -.--. ·-·------__ :. 1, 940 Taylor, of Indiana. . . __ ...... 920 readily, from that notification to the Department, of my friends here Hanson.-----· ----····- · · ·-· !'>30 Thompson.·-·· -··------· 2,850 urging these amendments to have the nails or the screws so conclu Hanlin . . ______...... 900 Tichenor ...... ---·-· 3, 000 sively fastened in the coffin of this odious bill t hat it never can be Hru.-per. _. __ ... ___ . . :. ___ . _. 1, 450 Troup __ __ . _. _. _. _... .. _. _. 830 resurrected under any circumstances, so that they thereby might be ~~~::?1:: ~ : ~::: ::::::::::::: ~: ggg ~~~~~: ~ ~~ :::::::::::::: ~ : ggg enabled upon a change of their views subsequently to demand it Hunter. __.. ------·----. __ .. 2, 930 W elles. ___ _.•.. _____ . __ ·-- 2, 610 arrain. They believe exactly what they are doing. So did Senator King ... --·--·---·----·_--.. 2, G60 Williams .... . --· ___ .·---.. 3, 000 ifouton, a high-toned gentleman from the proud State of Louisiana. Lacock ...... -----·-- · 3,-000 Wilson.----·-·--····-..... 3,000 He would not take his constructive mileage at the time, but many Act of 1818.-l:rnder the retroactive pro"ri ion of the act of Jannary 2"2, 1818, the years afterward he comes here and says, "It is my right now, and I following-named Senators drew the amounts opposite their respectiv names: want it; I am not going to leave any such interregnum." Compen :Mr. President, as I remarked in the outset, I look upon this as a Names. Mileage. Total. very important question, differing from a number of my friends in sation. that regard; and in connection with my remarks on the subject I ~k for the reading of the "Report of the Secretary of the Senate, submit Mr. Ashmun ...... ----·-- --·------· · 360 00 ~8 00 66 flO ting, in compliance with a re olution of the Senate of December 17, llarbour. __ . _---· __ . ____ . _. __ .. __ ·--· ___ . 424 00 96 00 520 00 1 n, information in relation to the fixing of salaries of Senators and Burrill . _. ... _.. __ _. ____ _.. ______. . _.. • _. 424 00 348 00 772 00 Representative in Congress from the formation of the Government." Campbell. _ . . ___ __ .. __ . ______. . __ . __ . . __ . 408 00 600 00 1, 008 00 Crittentlen --- ___ ... ---. _. ___ ---- _.... _.. 424 00 583 20 1, 007 20 The Chief Clerk read as follows : Daggett . . __ . ___ . ____ . __ . ____ . ______.. __ . 424 00 2G6 40 690 40 OFFICE OF THE SECRETARY OF THE SE:s-ATE, ·Dana .. ·- · · --·------·------·------··-- · · --···-· 283 20 283 20 W~hington, D. C., January 3, 1874. Dickerson._ ... __ .. __ .... -- __ --·- __ .. _... 424 00 204 80 62 80 Hon. MA.Tr. H. C.ARP~ER, 160 00 584 00 President of the Senate p?·o tempore : ~fs~e~_·: .· .- .·_-_-_-_-_-_-_-_-_-_-_-_-_-_- :::::: :::::::~: : :~: gg 440 00 . 4il 00 Fromentin ·----· -··--- ··--·· ·-- ·-·-·-- -· 120 00 1, 273 60 1, 393 60 Sm: In compliance with the resolution of tho Senate of the 17th ultimo, cnJ.lin~ Gaillard _. . _... _. __ .. __ . __ _.. ______. 424 00 464 00 880 00 for information concerning salaries of Senators and Representati>es in Gongress, I Goldsborough ·-----···--·---·· --·-----·· 416 00 67 20 483 20 have the honor to furni. 1857. .Act of 1 t3.-Under the retron.ctiYe provision of the -act of March 3, 1873, the fol March 3. S. Houston ...... •...... ••...... • --.- .• -.--. ---. $2,292 95 lov;ing-named Senators recei•ed tho sums set opposite their respective names: 1856. 2, 210 99 March 24. A. Ames ...... __ · i2, 840 00 Aug. ~{.' f -:_;~~!~~~---_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-~ ~ ~ ~:: ~: : 2, 210 99 14. .J. L . ...Alcorn ...... $60 50 28. C. T. James...... $500 00 18. .J. L . .Alcorn ...... 1, 250 00 Sept. 8. C. T . .James...... •.••..•..••...... •...... 1, 710 99 24 . .J. L . .Alcorn ...... 200 00 2, 210 99 27 . .J. L . .Alcorn...... 801 89 .A.uo-. 22. R. W . .Johnson ...... 6::!2 21 2, 312 39 $200 00 Sept: 1. G. W . .Jones ...... ,--·······------2, 235 58 .Aug. 21 . .J. C. .Jones ...... 2, 047 05 3, 000 00 100 00 21. S. R. Mallory ...... 2, ~76 56 2'2 . .J. M. Ma on ...... •... ------2,170 00 1, 000 00 22. .J. .A.. P earce ...... •...... 2, 1!)4 59 500 00 22. T. G. Pratt...... •...... 2,129 02 .April 65 60 2, 096 21 4. 865 GO ~~ : g: ~-~a~:.- .-.-.-.-.-.-.-.-.-.-.-.-.- .-.- .-.-.-.-.-.-.-.-.-.-.-.-.-.- .-.-.-:.- .-.- =-·_-_-_-_-_-_-_._._-_-_- 2, 235 58 March 25. F. P . Blair ...... 3, 7Gl uO oct. 18. T . J . Rusk ...... 2, 292 95 26 . .A. I. Boreman ...... 4, 514 00 .Aug. 21. W. K. Sebastian ...... 2, 137 22 12. 1-V. G. Brownlow ...... 4, 58 00 21. W. H. Seward ...... 2, 2!)2 95 19. .A. Caldwell ...... 2, 647 GO 21 . .John SliuclL ...... 2, 276 56 12. S. Cameron ...... 4, 856 00 21. C. E. Stuart ...... •...... 2, 292 95 3, 8&7 GO 27. C. Sumner ...... 2, 292 95 970 40 21 . .J. B. Thompson ...... 2 , 235 57 ~~h ~: r- ~le1ll;;~~:::::: :::::::::::::::::::::::::::::::::::::: 3, 906 80 21. .John R. Thomson ...... 2. 022 46 26. r . Clayton ...... 2, 600 00 28. C. Cole ...... 970 40 1856. 31. H. Cooper ...... 3, 760 00 Sept. 2.'3. Robert Toombs ...... 2, 006 07 14. li. G. Davis ...... 300 00 2, 292 G5 19. G. Davis ...... 200 1 ·n. oo .Aug. ~ .' i~~~~b~: .' .'::::::::::::::::::::::::::::::::::::::::::::: 2, 251 97 20. H. G. Davis ...... 82 40 21. B. F. ·wade ...... 2,170 oo .April 3. H. G. Davis ...... 4, 052 80 2'2. B. F. Wade...... 32 79 4, 635 20 2, 202 79 March 6. 0. K Ferry...... 200 00 21. J. B. Weller ...... ·...... 2,2'11 97 24. 0 . S. Ferry ...... • ...... 513 77 21. li. Wilson ...... 2,178 20 25. 0 . S. l!~erry ...... 563 23 21. IV. Wright ...... 2, 120 82 25. 0. S. Ferry ...... 3, 375 00 21. D. L. Yulee ...... 2,194 59 4,652 00 28. T. W . Ferry ...... 3, 920 00 .Act of 1866.- Under the. retroactive provision of tho :wt of .July 28, 1866, the fol 19 . .J. W. Flanagan ...... 2.000 00 lowing-named Senators received the amounts opposite their respective names: 3. .A. Gilbert...... 3, 6<30 00 1866. 26. George Goldthwaite...... • • ...... ~00 00 2, 805 56 29. George G-oldthwaite...... 3, 524 0 .Aug. ~ : f. ~atn~~~~ :~:: ::::~~~~::::::~~::::::::::::::::: :::::::: 2, 805 56 3, 924 0 1. C. R. Dnckalew ...... 2, 805 56 19. M. C. Hamilton ...... 2, 4t:O 00 7. Z. Chandler ...... 2, 805 56 March 12 . .Joshua Hill ...... 4. 03..1 20 1. D. Clo.rk ...... 2, 805 56 .April 21. P. W. Hitohoock ...... · ...... 2, 852 80 M:ty 2. T. 0 . Howe ...... ::! 689 (jQ Oct. .J. Coliamer ...... 1, 3 ~ 15 Aug. 1. J. Couness ...... 2, eo..; 56 March 24. J . W . .Johnston ...... 4: i05 60 7. E. Cowan ...... •...... 12 . .John T. Lewis ...... 4, 804 40 2, 805 56 12. 1873. that pe1iod we were only about ten or eleven millions of people, and e4, 4'l7 20 now we are forty millions, and I think they have held their own most r:~ ~~- ~-B.A.~!~~g~~--::::: ·. ·_·_-_:·. ::::: ·_ ·_ :·.: :·.-.:: :::: ·.::::::::: 4, 553 GO admirably. [Laughter.] They are with us yet; anu that is the class May 21. R. E. Fenton ...... ---.------····-··-····· 4,184 00 4, G44 80 that have arraigned us here to-day, led by A, B, and C, who mar ii~e 1~: ii.'iia~~~~~-~~~~: _-_-_-_-_-_-_- ::~:~~_-_-_-_- :::::: ;:::::~::: ::~::~ 4, 1~6 00 shaled them.from the va,rious grog-shops, neru: which they have in Aug. 14. 0. P. Morton . ....•.....•...... •.•...... •.... ········---~ 3, !:1-22 40 combination a little hand-press to manufactme anything that ten day, that tho e who framed the Constitution. were deter.mincil. to what we have received, shall make om whole compensation for thir stiike down the idea of voluntary and uncompensated service. They Congre s 10,000. believed that such a principle would close the two Houses of Con ~.ll: . STEWART. Cannot we say for the same reason, and upon tbt) gress against poor men and fostm an aristocracy. This provision of same principle, that we will only take ten dollars, or take nothing, the Constitution was not inserted by accident, nor carelessly drawn. until the two sums so far meet that the back pay is extinguished f Every principle involved in it was fully debated and maturely con Cannot we do that¥ sidered.. It wa determined, first, that service ill CongTess honld be 1\Ir. CARPENTER. The trouble about that, Mr. Presiclent, is this: compensated; second, that it should be compens~tte<.l by the United the salary of the last Congre is not the subject under consideration States ; and, third, that the compensat ion should be ill money. They now, nor is it within the jurisdiction of this Congress. The salary of believ-ed that the idea of the representative being the servant of the this Congre , from this time forth, is subject to our jmisdiction. We people could only be realized by requiring the servant to receive a may fix that compen ation at fifty dollars a month. pecuniary compensation, which compensation the Constitution made Mr. STEW.A.RT . Is the salary from this time buck under our jm-i.s it imperative upon ConO'ress to :fix for themselves. diction ~ Entertaining these views I have uniformly voted in favor of liberal 1\lr. CARPENTER. Not at all. I concede the gentleman's point so salaries for all public officers. I have voted to increase the salaries far as the bark is concerned. of juu.~es, Cabinet officers, Bureau officers, clerks ill the Department , 1\.ll:. CONKLING. How is it in regard to the bite f and a.u other public servants. I have <.lone this from a sense of duty. 1\fr. CARPENTER. So far as the bite is concerned, there is nothing I never acted more conscientiously in my life than when I voted for in the 6enator's point. the saJ.ary bill at the last session. I have seen nothing to lead me to Mr. STEW.A.RT . Then, if we have nothing to do with what has cha.nge my opinion. I have read eolnmns of abuse without a sen been received, why should we take from them a portion of their salary f tence of n.rgumont, and I can see but one reason why this law should Why do you do that¥ Because you have t he power to do it, simply f be repealed; that is, that the people demand it . .And this brings me Where is your reason for it f You say you have the power bccau e they to consider for a moment the duty of a Senator thus circnmst.a.nced. received it illegally; that they ought not to have received it because The theory of this Gove1·nment entertained by the federalists was it was an excessive charr,e and exorbitant. clearly expressed by Richard Rush in a pamphlet published by him Mr. C.A.RPEl\TTER. Not at all. in 1788, in the e words : Mr. STEW.A.RT . Of course it go s upon that theory, that it was It is often said tl.tat tl.te sovereign and all other power is vested in tJ1e people. exorbitant and unjust, or you would not deduct from their futme This i~ 3.!1 u.nfortllrk'l.te expr s:im.1. It shoulu be, all power is derivOU. from the peo pay. If it was exorbitant and unjust to take the pay from the 4th of ple. They possess it only on their election day. .After that it is the property of· March la t, certainly the "back-pay grab," as it is termoo, was mnch their rulers. more exorbitant and unjust; and why do you not deduct t,hat from This theory ha , happily, long since been repndiated. The prin those who are here and over whom you have power Why do you ciple now recognized is, not that the people elect their sovereigns or not deduct from what the Government shall become indebted to them rulers, but that the people govern through their agents or servant.s. until you get even with tliem a-s far as pos ible f Every act pn sed in Congress, every j rrdgment renderecl by the .Mr. C.A.RPEl-I"TER. That is a long question up to thi point. Supreme Court, ::tJld every act of the Administration, is the act of the 1\Ir. STEWART . What is the difl'erence in a constitutional point of people, as the act of the agent is th~ act of his principal. We are viewY Is the Constitution in the way of deducting this back pay accustomed to call ourselves the servants of the people. The correl from the present salary¥ That is the constitutional point which the ative truth that the people are our ma-sters is not a.s often repe:1 ted Senator from Wisconsin puzzles me about. I say we have the consti nor as fully appreciated. Coulll the question be submitted to the tutional power to deduct anythin~ we choose from any member's pay, people of Wisconsin to-day, the salary law of last session would be and for any reason that seems satisfactt>ry to Congress. - · 1·epealed five to one. I regard myself as their agent upon this floor 1\fr. CARPENTER. I ani sorry if I have puzzled my niend from in regard to this snbject, and in my opinion all the principles appli Nevada, but I am certainly not puzzled by this question myself. It is cable to the relation of principal and agent apply to the relations clear, I think, that without a flagrant violation of the spirit of the which exist between a r epresentative and his constituency. Constitution we could not pass a law saying that democrats should .And what is the duty of an agent sent abroad to transact the huffi have $50 a month and republicans 100 a month. ness of his principal He is bound to exercise his best discretion and 1\Ir. LOGAN. Will the Senator from Wisconsin allow me to ask a judgment in tho first instance; but having adopted a certain policy, question¥ which he firmly believes will promote the interests of his principal, The PRESIDING OFFICER. Does the Senator from Wisconsin if he is informed that his principal disapproves of his course he is yield to the enator from Illinois f morally bound to change it, and that, too, whether his opinion be · 1\Ir. CARPENTER. I yield to everybody, especia,lly to the Senator changed or not. Regarding myself as one of the agents of :the people from Illinois. [Laughter.] of Wisconsin, and knowing their wishes, it is my pleasure, as it is my 1\.ll:. LOGAN. I am always disposed in legislation to follow my duty, to vote as I know they would if this question could be submit friend from Wiscon in if I po sibly can, and therefore I should like ted to them. I shall vote for the repeal of this law, as instructed by to propound a question to him in order to get my own mind at ense the r publican State convention of "'\Visconsin-its unconditional re upon the subject. The Senator says you cannot pay a democrat one peal- and I shall vote to carry the repeal back just so far as the Con salary and a republican another. If that rule is good, then yon stitution will permit. I congratulate my friend from Indiana [1\Ir. cannot pay one Senator one salary and another Senator another, can PRATT] thathe has sounded. the key-note on this subject. 1\Iy friend you? from Iowa [Mr. ·wruGHT] proposes to repeal the salary law from the 1\fr. CARPENTER. Certainly not. present time, permitting Senators and Representatives to retain the 1\lr. LOGAN. .A. few weeks ==!gO a Senator from California resigned pay they have received at the increased rate, and to receive com after having drawn $5,000 of his pay. .A. Senator ha been elect.ed in pensation hereafter at the rate of $5,000 per annum. I enJist under his place. I wish the Senator from Wi cousin would explain to me the banner of my p;reat anu good friend from Indiana. I will vote how much that Senator is to get when he comes in, provided his the with him to carry the effect of his repeal back to the 4th of l\farch ory is carried ouU la t . I would vote to carry it back to the 4th of 1\Iarch, 1871, but for 1\fr. C.A.RPEliTER. I have not eXJl]Dined that subj ct, and I have the impediment of the Constitution. not been retained as a lawyer on the legal question. \Vhen it comes Mr. EDMUNDS. That's no objection. up I will think of it, and then I will inform the Senatorwhat I think Mr. CARPENTER. That is a decided objection. We have no more of it. [Laughter.] power to repeal the law fixing the compensation for the last Con 1\lr. LOGAN. That is a very nice wn.y to get out of the d.ifficult3 , gress, and tmdor which the members of that Congress received pay, and my friend from Wisconsin always hns a very easy way of doug than we have to repeal the law under which Andrew Jackson received ing questions. The question is this, and it is a plain and simple one : his salary as President. It is a familiar principle of law, one laid Yon cannot legislate so as to give one Senator a different salary from down by all elementary WTiters, that an act making a.n, appropriation anotheT, and yet the Senator who is to come in from California will, of money, when executed by payment and receipt, is beyond the under this bill, get a different salary from his predecessor. You legiH repealing power of the Legislature. You may, indeed, declare the law late in reference to the Senators that aro here now, back to the 4th to be repealed, but the repealing act would be of no effect. What of March last. The late Senator from California has not been here has been received by a citizen from the Government in pmsuance of from the 4th of March to this time. H ence it does not affect him, law the le~islative power can no more retake than it can take any and he is paid a different s:tL.'tl'y from Senators now on the floor. That other of his property. is the proposition which I wish the Senator would explain. The 1\Ir. STEW.A.RT . Will the Senator allow me As I differ with him Senator from California has received his salary at the rate of 625 a radically I should like to ask him a question. month up to the day he resigned, and your bill affects enators here Mr. CARPENTER. Certainly; I am subject to cross-examination. who voted for or against the bill, so thut they only.get a, reduced rate :Mr. STEW.ART . The Senator from Wisconsin, I undeTStand, wishes of salary for that same time. I should like the Senator to explain the repeal to go back to the 4th of March, 1873, and to make deduc the consistency of that. tion from the compensation. Mr. CARPENTER. The new Senator from California will be en .Mr. CARPENTER. I see the Senator's point. He is sticking in titled to receive the same compensation for t he term of his SArvice the bark. I concede that we cannot pass a bill repealing the pro that shall be receivable by other Senators for the same term. If we v-isions of this act so as to take bauk what Senators received last should to-day fix the compensation, for the remainder of tho two years month; but we can do what is equivalent-we can say that for tho whiuh this Congre ·s has to serve, at fifty dollars a month, tho new rest of the year Senator hall only receive such a sum as, adtlell to SeHator from C;.tlifornhL woulcl, in common with all tho r st. of us, re- 1874.. CONGRESSIONAL RECORD. 401 ceive pay at that rate. According to the usages of the Senate, the new the Senator from Wisconsin did not go a little further and accomplish Senator will be entitled to the compensation fixed by law from the the real result which eeems to be aimed at. I re~ret that he could resignation of the old Senator; that is, he will be entitled to pay at not see his way clear. The Constitution rose up m his way. Now, the rate of $7,500 from the resignation of his predecessor down to the I undertake to say, as I said before, that there is no difference in passage of this bill, and thereafter whatever compensation shall be principle between going back to March 4, 1871, and to March 4, 1873. fixed by this bill. The new Senator may regret that he did not serve In each case there have been monthly installments and monthly pay during the period when Senators receh-ed a higher compensation; ments of the accounts. You say that certain Senators having received but he cannot complain that he does not receive during his term of certain compensation under an existing law, shall, in the future, service the same compensation received by other Senators during the have only such compensation a~ shall, back to March last, make same term. the yearly compensation $5,000, and you say that that will operate on "\Vhat I mean to maintain is this, that the compensation of aU the those present equally. Now I say that going back two years further Senators must be alike at any one tilp.e, or during any one period; would operate equally in the same way, for t.hose who were not mem but that it is within the constitutional power of Con~ess to fix the bers of the Forty-second Congress did not receive this extra pay at compensa,tion for the first year of any Congress at :;:;7,500, and for all. They never have at any time received more than $5,000 a year. the second year at 2,500; and that under such a regulation Senators It is said that this law was contrary to public opinion, and wrong. who come in during the second year would be on an equality with Then nobody ought at any time ever to have received more than at all other Senators coming in_during that year. the mte of $5,000 a year. But certain persons have received more Hence, we can so adjust the compensation for the remainder of this than that. It only applies to those persons who have received more Congress that during every day of the two years the pay of all the than $5,000 a year, reducing their compensation to what they ought to Senators shall be at the same rate, and the aggregate pay for the en have received. There is no doubt about the constitutional power, tire Congress sha,ll be $10,000 for each Senator and Representative. because it only applies to the future. The Government says, "We 'l'his, I concede, is whipping the devil around the stump, but it is have got an offset against you in morals and in equity; we will make whipping him constitutionally around the stump. But should we the law correspond with the equity." There is no doubt about the attempt by such legislation to reclaim from members of this Congress constitutional power if you mean to do this thing. If you mean to do what they received for services in the last Congress above $5,000 per this thing, disgorge the back pay in consequence of which all this annum? This equality of compensation would not exist for the service difficulty arose. It seems to me the logic of the case-everything in r endered in this Congress. In other words, if we should now provide dicates that if you go back at all, you should go back manfully and that those members of the present Congress who received the in meet the whole question. I think that is the -proper way to undo creased pay in the last Congress shoul4 receive $5,000 less for their what has been done. I will not vote for the principle that we shall services in this Congress than should be received by the members of go back to the 4th of March and refund a portion of the salary that this Congress who did not receive that increased pay, then it would we have received because we have improperly received it, and then result that there would be sitting in this Ch::Lillber at the same time retain the other. The principle is wrong. It places the Senate in a one class of Senators receiving compensation at one rate, and another false position. at a different rate. This would be a discrimination which would be lli. EDMUNDS obtained the floor. unconstitutional, unless it can be maintained that it would be consti lli. CAMERON. If the Sena1or from Vermont will allow me, I tutional to discriminate between Senators, as to compensation, upon am desirous of moving that the Senate go into executive session for political or otheT grounds. · a special purpose. I understand the amendment offered by the Senator from Indiana, Mr. ED:MU.NDS. It is only three o'clock. I think we had better [:Mr. PR'A.Tr, 1 to steer clear of the constitutional objection, because un finish this bill to-night. · · der it every Senator will receive the same compensation during any one Ur. CAMERON. I am afraid we cannot do so. I want to say a period of service in this Congress. His amendment proceeds upon word or two upon it. the presumption that every member has received $6~5 a month from Mr. EDMUNDS. We have, you know, rather a bankrupt Treasury, the :~d day of March last up to and including the 3d day of the pres and we have had a long holiday, and it is only three o'clock. We ent month, and that he will be entitled to pay at that rate until the might possibly, without great injury to omselves, go on for two or passage of this bill; and that from and after the passage of this bill three hours yet. I think, 1\lr. President, I shall be obliged to pro each Senator shall receive such sum as, when added to the sum he ceed. shall have received at the time when this bill takes effect, shall make Mr. CAMERON. If the Senator will allow me, I shall be perfectly $10,000. That is, the pay of Senators from the passage of this bill willing to return again to open session. There is a question which I shall be less than heretofore; but what shall have been received desil:e to present to the Senate in executive session, of great impor under the existing law is not reclaimed. · tance to the country just now. I say every Senator has received 6,2EO; because tha,t is the sum ascer 1\lr. EDMUNDS. If the honorable Senator means to say that he tained by law, and the Constitution declares that Senators shall re only desires an executive session for the doing of a particular thing, ceive the compensation ascertained by law; and every Senator has and not then, as the usual habit is, to have the Senate a-djourn and sworn to support the Constitution. go hom~, but to open the doors and have this business finished, that Mi:. LOGAN. The Senator means then, as I understand him- in is another thing. which case we do not differ- that this Congress has the power to fix 1\lr. CilfERON. I desire to have an executive session only for a the salary from this time forward ? special purpose. • Mr. CARPENTER. Certainly. :Mr. ED.n!UNDS. Then, J.\.lr. President, the moment that I have 1\Ir. LOGAN. Nobody doubts that ; but does the Senator maintain concluded the very little I have to say, I will move the executive that Congress has the power to deduct the amount that has been session that my friend requires, with the purpose, not of adjourning r eceived in fLung that salary in the lawf · the Senate, but of having the doors opened again, and this business Mr. CARPENTER. We deduct nothing. We have received $6,250 settled before we adjourn. · up to the present time; that is, I desire to state that l have; and if Mr. HAMILTON, of Maryland. I hope that purpose will not be it is material I will state that I have spent it faithfully and thoroughly. regarded as binding on any other member of the Senate. . . [Laughter.] Now, I know of no power under the Constitution to get 1\lr. ED:IIIU.NDS. I do not propose to bind anybody. I only pro a cent of that back. If there is any such power, still I have no in pose to bind everybody to whatever a majority of the Senate may terest in the subject. It is a question between the Government and decide; and if the honorable Senator is so anxious to have the use of my creditors, to whom I have :paid the money, and they may fight it his money until to-morrow before he gives it back, as I am equally out. [Laughter.] I have received $6,250, and know that every other for my own individual purposes, as to insist upon an adjournment, Senator has, because the Const itution requires him to do so. The we will try conclusions upon that. I only say that when I have Constitution says he shall receive what is ascertained by la.w as his finished the little I have and am able to say, I will move for my friend compensation. It is not a matter of choice with him ; he shall re from Pennsylvania an executive session, not for the purpose of ad ceive it; and I know my brethren around me have received it, every journing the Senate afterward, but for the purpose of promoting man o:l; them; and I accept no statement on parol to contradict the the public interest that he has in charge, and then to open the doors r ecoi·d and the presumption of the law. [Laughter.] We have, then, again to finish this affair. received $6,250. ·we can say that for the remainder of these two I am not troubled, :Mr. President, with the constitutional difficulty years the compensation shall l::fe a sum to be named in the bill, to be that seems to labor in most men's minds here in respect to returning paid monthly, which sum, when added to the other, will make $10,000. money to the Treasury, for that is the flat of it. Since the 4th of .Mr. President, I do not sympathize with wha,t seems to.be a desire :March we have all, or substantially all I have no doubt, as our occa to satisfy the people, that we would if we could, but cannot, help re sions r equired, drawn the sum that the law allowed to us. There tainino- the increase of pay for the year that has j ust closed. I dealt was no visible way of separating that particular sum from some squarely and openly with t.he people in voting for the increase of pay, other sum which the law already repealed had formerly allowed, and I will deal squarely and openly with them in repealing the law while we could refuse to take what had been proposed to us before, as far as it can be repealed, because they demand it, and it is my duty where our accounts were brought to a close, and still leave the extra to obey. money in the Treasury. So, then, I am ready to vote and intend to Mr. STEWART. This is a very interesting subject, and I desire to vote for that measure which shall absolutely repeal this misguided say a few words more upon it. and misunderstood law that we passed at the last session of Con- · Mr. CAlVIERON. I beg the attention of the Senator from .Nevada gress; and I am frank to say that I vote for that repeal not because for a moment. I believe the compensation for the future of $7,500 to be excessive, MI·. STEWART. I shall be through in onemomen:t. I regret thn,t but because I believe the law to have been passed bytbj.s body1mder 26 402 CONGRESSIONAL RECORD. J .ANU.ARY 6, a misunderstanding of what it could do to separate from an appro that they should insist upon striking out all the then proposed in priation bill a provision to make back pay, as it is called, for every crease of salaries except that of the President of the United States; member of the Senate who was going out and for every member of and the Senate, acting upon the judgment that it then had and in the Honse of Representatives who was going out, and for every mem the hurry of the moment and with the light that it then ha-d, and in ber of each House who was to stay in, for service already performed. the absence of any precedents which could be named by those who We proceeded upon the idea that we could not instruct our own con thought the Senate had the power to instruct its conferees, deter ferees to insist upon striking out iihis back-salary business. mined that we could not, and that in effect we must either defeat the I would have voted then-and if the country were now in as good appropriation bill or go for this increase of salary. a conllition as it was then I would vote-now upon a proper and I cannot help believing, Mr. President-I am bound to believe in a independent bill-not an appropriation bill, for such things have no technical sense, as the Senate was so careful to try the question of place there, whatever the precedents may have been-for a separate order :md was so anxious evidently to have that question of order bill, that could be fairly discussed upon its own merits and no other, determined in such a way, if it could be, that we could meet this and be sent to the solemn judgment of our constituents upon its ·salary question as to ourselves by itself, and wa.s unable to do so-l own merits and nothing else, making a prospective increase of the am bound to presume that if we could have met it in that way, we pay of the members of Congress, because I know from my own expe should have rejected the increase of our own salary and that of the rience, living as humbly as I do, that I could not live upon the sum Cabinet. that was paid me before this time as well as the average farmer in I think, l\Ir. President, that we acted under a grave misapprehen the State of Vermont lives in his own State and in his own home. sion; and I have·had a very competent person, whose knowledge of Therefore it was that I should have been quite willing to go home to the history of parliamentary law and the course of parl.L.'tiii.entary my constituents and to tell them that for the future I had voted a precec:lents is almost perfect, look back only for a few years to see sufficient and proper salary for myself and my colleagues, so far as what our practice had been on that subject. You remember, Mr. my vote would go, as an independent measure, which was not to be President, that the Senate determined, upon an appeal by the then squeezed through by any contrivances of legislative machinery, Senator from Illinois, [lli. Trumbull,] who has now withdrawn to which was not to be carried on the back of. some broad appropria the quiet of private life and who is no more vexed with questions of tion bill, but which wa-s to be submitted to their honest judgment this kind, that it was not in our power to instruct our own committee as a measure by itself, which they could rectify in the selection of to insist that our salaries should not be increased-that we felt our my successor and my associates' successors at the proper time if they selves compelled to follow, and, in spite of our wishes and our will thought we ha-d committed a wrong-. that our salaries should not be increased in that way then and there~ That is one thing. But, Mr. President, I have believed that no pro we found ourselves compelled by what we then thought to be par visions for increase of salaries ought to be made in an appropriation liamentary law to vote that they should be increa-sed. That, it turns bill at all. I know the practice has been otherwise. It is a vicious out from an investigation, was an error; and I ask that the Clerk may and a fatal practice, and it ought not to be persevered in. This is read the congressional history which I send to the desk on that point. the best instance we have had of showing how fatal it is to the just The Chief Clerk read as follows: · interests of legislation-and I do not speak for parties, but only for .An examination, extending back but a few years, shows two instances in direct the country-how fatal it. is for the just interests of legislation that opposition to the ruling of the Senate on the 3d of March last. we should ride upon appropriation bills, (which ought only to pro At the first session of the Thirty·eiahth Congress, the committee of conference vide the money for carrying out existing law,) schemes which stand upon a bill " to increase the intern:3 revenue and for other purposes" havi.ij.g ing by themselves some Senators or Representatives might think reported on the 1st of March, 1864, to t.he House of R-epresentatives their inability to agree, a resolution was offered by lli. Waf!hburne, of lllinois, as follows: would not command a majority of either House or both Houses of "Regolved, That the House insist upon its disagreement to the Senate amendments Congress. to House bill "o. 122, and that the House request of the Senate another committee I sa,y, Mr. President, that I shall vote now, when I can get the of conference on the said bill; and it is hereby declared to be the judgment of this opportunity, for a total repeal, knowin~ that as to the President of llouse that in an adjustment of the differences between the two Houses on the said bill, there should be an additional duty of not less than twenty nor more than forty the United States, who has had no hand m this legislation except the cents p er !!all on imposed on spirits on ·hand for sale." (Con g. Globe, p. 892 pt. 1, 1st formal one of signing the appropriation bill, which he could scarcely sess. 38th Cong.) refuse under such circumstances, and which, therefore, I justify him A question of order being raised, the decision of the Speaker (Mr. Colfax) was in, and as to the judges of the Supreme Court, who, of course, have as follows: "The SPEAKER. The Chair holds that the House of Representatives has the power had no hand in the business at all, it has no effect. A mere repeal is to instruct any committee which it authorizes to be appointed. It is a jmlicious not an unconstitutional act, for it leaves the old law in force a.a to check upon the power of the Speaker in appointing committees. They have a right them, and in form it could be placed in such a condition that this to instruct a committee of conference as they have a right to instruct a standing or repealing clause a.s to the President and as to the judges should take a select committee. The gentleman from llliilois moves this himself as a resolution. It seems, however, susceptible of division, first, upon af!king another committee of effect only when the next President, whoever he may be, should conference., and, secondly, upon the instructions. As to the ri(J'ht to move instruc come in, and whenever a vacancy should occur in the Supreme Court tions the Chair has no doubt." (Cong. Globe, pt. 1, 1st sess. 38th Cong., p. 892.) and a new judge should come in. You can provide as to them in that The decision bf the Speaker was acquieseed in by the Home, no appeal b eing way, and as to all the others there is no difficulty; and I say, then, as taken, and tho resolution of Mr. Washburne wa.s agreed to. On the followin:r upon . all ~e qu~tions t.bat were referred to that committee, but not upon other go, a-s they used to say about the Oregon boundary, the whole figure qu tiona. (Ibut., p. 902 and 903.) :From this view of parliamentary law, no Senator dissented. althou!!h the debate or nothing. So, believing that if we could have had. a fair and direct on the subject-matter extends over many pages of the Congressional Globe. vote npon the single question proposed by the Senator from Iowa as The r esult of the debate, which was quite protracted, was tlle rejection of the to the increase of our own salaries it would have been rejected, I can re. olution of the Senator from Ohio, although no one cloubtetl tile right of the not help concluding that the Senate acted under a misapprehension, Senato to instruct the conferees, and the adoption of the following re olution offered by Mr. Connes . of California : and passed this provision in that bill believing that it could not avoid , "Ilesolved, That the Senate disagree to the resolution of the House of Represent passing it without defeating the bill altogether, and thus having all atives, of the 1st instant, proposing instructions to the conferees, and ask another the appropriations for that branch of the public service fail. free conference on the disagreeing votes of the two Hous on the hill (H. R. No. Therefore, M:r. President, I conclude that we passed this unfor 12-2) to increase the internal revenue, and for other purposes." (Ibid., p. 907.) The Honse of R epresentatives having agreed to a further fr~e confercnco, the tunate act under an entire misapprehension of our powers to pro conferees on again meeting, were unable to agree, and the bill was disposed of by tect the Treasury and the tax-payers against this foray made upon the Senate recetlin.!!; from ita amendments. . their resomces; and for that rea..son I shall vote, if I have the oppor The proceedin;rs in this case, as in that which follows, are recorded in the .Journal, tunity, for a total and absolute repeal of everything that we did bnt the Con.!!.Te. iClllal Globe is quoted from, because it contains the details of the points r:liseil' with the uecisions made and the debate thereon, instead of the .Jour under that misapprehension. nal, which merely recortls the vot.es. Mr. LOGAN. 1\-fr. President-- At the first session of the Thirty-ninth Congress an amendment was adde.d by the Ur. EDMUNDS. I beg pardon of myfriendfromillinois. I prom Senate to the sundry civil expenses appropriation bill increasing the pay of Sena ised my friend from Pennsylvania, who yielded to me, that I would tors and Representatives and taking eftect retroacti vcly from the b eginnm .~ of that Congress. This amendment was disagreed t{) by tho House of Rcpresent:J.ti"\"es, but move that the Senate proceed to the consideration of. executive busi ness. ~~~:c~d~ge ~~ilie~:~~t~h~;!~:;{e~~ r~b elli~n~d~~~nc~~~F~:~f~o~~~ The PRESIDE..NT pro ternp01·e. Does the Senator from illinois yield were unable to a!ITee upon the disa!ITeeing votes of the two Hous , and. when the second disa,greement was recorded the Globe shows these proceedings occurred: the flood " S vera! ::lE.:\' ATORS. What shall be done 1 1\fr. LOGAN. Of course I yield the floor. I did not rise to make a "Mr. SHEn::II.AN. There is but one point of difficulty. Tho Senate conferees pro speech, but merely to make a suggestion, to correct a misapprehension posed to recede from the amendment in regard to tho pay of members, but found that arose here yesterday in the Senate; but I can do it at another that tllat wa not at a,ll in the way ; that coUld be bitl out of view : thf.' only difti· culty is in rcga,rd to the question of bounties. The House insist upon some legis time. lation beino- had in regard to the bounties, and their conferees submitted a proposi Mr. CONKLING. I ask leave of all these Senators to occupy not tion which we ditl not feel at liberty to accept. I will say that the proposition sub more than half a minute by the watch to make one remark; and I do mitted is much more moderate anil much more rea. ona,blo than any I have yet it merely that silence may not be taken as acquiescence in the parlia seen; but we consitlcred that the action of tho Senate did not leave us at liberty to accept it." (Cong. Globe, Tlrirty·ninth C~ng., 1st sess., pt. 5, p. 42-!6.) mentary law which has been laid down by the Senator fl·om Vermont. And subsequently the Senator from Ohio su:re;ested: I wish, therefore, as one member of this body, to say, and to say in the "The Sonatema,y instruct the conferees." (Ibid., p. 4247.) presence of the record which the Senator has produced and which I Whereupon Mr. Trumbull, then a. Senator from illinois, moved "That the committee of conference be instructed to agree to that proposition of have again traversed with my own eyes, that in my judgment noth the House." (Ibid., p. 4247.) ing is clearer than that the Senate cannot, without a violation of par Meaning the proposition which had been stated in detail by Mr. SHERMAN as having liamentary law, instruct the managers of a free conference. I think b een made by the House conferees. I ean prove that that is the law in the judgment of those who made A modification of the terms of the proposition having been suggested by Mr. Doolittle, Mr. Trumlmll srufl: this record. But my present purpose is merely to file a caveat against "The proper motion, I suppose woul{l be to recommit the report to the committee what the Senator from Vermont again insists is the parliamentary with instructions to agree to th:J.tproposition." (Ibi4., p. 4247.) law. I shall join him in voting for the total repeal of the bill in ques No point of order was raised, no doubt was sug~estod by a,ny Senator as to the tion; but I cannot do it for the reasons which in this respect he has power of the body to instruct the conferees; and tne motion having been stated, amendments to the instructions were moved, and finally, the question recurrina on a-ssigned. the motion of Mr. Trumbull, it was agreed to by a vote of yeas 23, nays 5. · (Ibid., Mr. EDMUNDS. I am much obliged to my friend for making that p. 424 .) And on the very same pa.ge of the Globe it appca.rs that the conferees im suggestion, which I anticipated that he would make because I know metliately made a report conformably to the instructions of the Senate, and it was the clearness of his mind. But I beg leave to be allowed to suggest agreed to and the bill dispo ed of. to him that while the rea-sons given by my honorable friend from Mr. EDMUNDS. Mr. President, I have had this short congres ional Marne for his holdin~ the motion in order would not sustain my posi history, going back only a few years, read in order to show, as I think tion fully, yet he dia hold the thing in orrler. When the Honse had. it ought to show, that both Houses had habitually instructed their requested a free conference in the ordinary form he did hold that it conferees to insist upon m· to agree to particular things. In this body wa..s in order to move to instruct those conferees to insist upon a par it was done in form in that way. When my honorable friend from ticular thing or to agree to it, as I said. l\Iaine, [l\lr. HaMLIN,] whose jnd.~m Emt upon such matters we all 1\Ir. CONKLING. Will my friend allow me to set him right, aa I rely upon, determined that a motion was in order to instruct the con think I can, there Y ferees, his opinion was tha.t it would change in some degree the char J\fr. EDMUNDS. Certainly. acter or the name of the conference. I do not a.gree to that reason Mr. CONKLING. In the first place, I deny that the Honse of Rep which he gave for holding that the motion was in order, but he dirl resentatives in that case had asked a free conference. On the contrary, hold that tho motion itself was in order to instruct the conferees to the House of Representatives, being the first of the two Houses to insist upon a particular point. And the same occurred on the motion propose a conference, had expressly proposed such a conference as the of Senator Trumbull-and I must speak tenderly of him because he is honorable Senator from 1\faine, then in the chair, referred to; so that not here to defend himself-the very man who on the 3d of 1\Ia,rch, 18n, I deny that part of the premises of the Senator from Vermont. stood np to appeal from the decision of the Chair upon that point, who In the next place, the then occupant of the chair, the Senator from had a few years before himself ma,de the very same motion to instruct Maine, held- and he had every treatise of parliamentary law at his a committee of conference on the part of the Senate. Undoubtecliy back- that there are two utterly distinct species of conference, one a. the opinion of the honorable Senator from illinois had undergone full and free conference,which in the British house was formerly held chanO'e; undoubtedly he had forgotten what he had himself moved in the painted chamber, both houses attending and the deleo-ates act a yen,r or so before and wha,t the Senate had unanimously agreed to, ing in their presence; and the other a simple, or, as the Sen~tor from that we might instruct our own agents a,nd representatives to insist l\Iaine there called it, a strict conference, which, as May and other upon particular points or particular topics, and the more so as he was parliamentary writers tell us, is nothing except a delegation sent about to retire to private life, where he would be no more vexed by by the two houses to meet each other and exchange express messao-es questions of this difficult and complicated character. I have no criti " instructions" we call them. That the Senator from Maine r~ed. ei m to make upon the apparent inconsistency of the po ition of the and the Senate proceeded, the compiler of this record says, (not, ashE\ Senator from illinois. It would neither be becoming nor fair, per supposes, because they thought anything wa..s out of order or in order,) ha.p , to make any criticism upon it when he is not here to defend to reject the resolution offered by the Senator from Ohio on that himself. I only mention the fact of history, that a few years before occa.sion. the time when the Senator from illinois made the point of order Now, if my friend will pardon me as he has indulged me so far, I that my friend from Iowa [Mr. WRIGHT] could not move to instruct a will add as to the other precedent in case of raisin~~~~ pay of soldiers, committee of conference, he had himself made the same motion, which a motion being made by the then Senator from · ois, no point of the Senate unanimously, by acquiescence and by suggestion, agreed order whatever was raised; it was done by unanimous consent, and, was in order. therefore, I did not make my remarks in reO'ard to that; but in re Now. it may be true that the only time when yon cannot instruct a spect of the former precedent I must consider it one which was not committee of conference, or your own representatives in that commit in its be~inning a full and free conference asked for by the House, tee, is when your own salary is to be raised. Perha,ps that is the par and in wnich the Senator from Maine, then in the chair, explained liamentary exception that ha-s not appeared in the books and that the law precisely as I believe it to be, and the Senate then chose for ought to be made. It seems to me to be the only exception that ever some reason to refuse to order it. has existed. So, 1\Ir. President, I say in all seriousness that I believe l\Ir. ED1IUNDS. My friend from New York has lost himself, as he that if the proposition of the Senator from Iowa, to take a distinct might well, having the chief sea-port of the nation at his door, in a sea vote upon instructing the conferees about our own salaries, had been of terms. He is sailing in a sea of ·nomenclature, and has lost sight held by the Senate to be in order, our conferees would have been in of the substance of these propositions. The question before the Sen structed to insist upon nut increasing them; but not knowing the ate was, in the first instance, when my fl·iend from Maine ruled it- history of le~islntion and parliamentary order at that moment, a{}conl and yon can go back to the message anc:l see how it came from the ing- w what ua been read from the desk, we mu.cle the mistake, a it House- whether the Senate had a, right to instruct its conferees who appears to me, of determining that we were helpless and that we must were to go, not with the written instructions of a strict conference, L 404 CONGRESSIONAL RECORD. J .ANU.ARY 6, a.s my friend stated, (in which case the conferees would have not a Thn.t so much of the act of March 3, 1873, entitled ".An net making appropriations for leaislative, executive, and judicial expenses of the Government, for the yen.r word to say for themselves, but would be only the bearers of a mes ending June 30, IR74," a.s provides for the increase of the compensation of mem'hers saO'e half way, as your Secretary is the bearer of a message the whole of Congress and the several officers and employes of either House of Congre s, or w~y when we send him t~ the ~ouse of Represen~atives, ) but ?on both, be, and the same is hereby, repealed; and the salaries and compensation of all ferees for the purpose ~f discussion, bound bJ: certam rules; that IS to said persons shall be as fixed by th~ laws in force at the time of the passage of sa..id act. say, bound by the will of the body~~ appornted them to go. TJ;lat waa the motion, and that was the deciSIOn. The Senator from Marne No man will dispute that that applies solely. to Congress and their said that he considered such a motion to be in order because he thought subordinates. That is so, is it not f it resulted in a simple conference. Enough of that now. Then let Mr. WRIGHT. Yes, sir. us go to the next precedent. Mr. LOGAN. The next position is- . My honorable friend says that the motion of the late Senator fro:x;n That the compensn.ti.on of the severn! heads of department shall be each $8,000 Illinois was made by unanimous consent and agreed to by unan1-: per annum. mons consent. Why, Mr. President, this ;:kects the rights of the other That is the whole amendment. Now, the law that we passed last House; nobody ever put it upon our own rights as among ourselves, year provided for the increase of the compensation of members of because nobody yet ever questioned that, as it respected ourselves, Congress, of heads of Departments, of the Chief Justice and judges we could instruct any committee to do anything that we commanded of the Supreme Court, of the President of the United States; and, them to do; but it was in respect to the rights of the other body, and further, "each assistant secretary of the Treasury, State, and In therefore unanimous consent, in my opinion, could not have come terior Departments shall receive a compensation, to be paid monthly, in. The Senate, by unanimous consent, as I?Y friend truly says, th~t of 6,000 per annum." I said yesterday that this bill did not-go that is to sa.y, without dissent, and. on the motion of the Sen?' tor fr_om far, and that I de ired to go the whole length of repeal, as far as we Illinois who has now unhappily departed from us to pnvate life, could constitutionally ; and the impression was :made on the Senate thouo-ht they could instruct our conferees in a free conference with tha.t the bill did go that far. Now, I call the attention of the Senate the Honse to agree to pay certain bounties to the soldie~that was to·the law that pa sed last session, and they will find that the assist the way it was put; and yet ·he appealed from the deciSion .of the ant secretaries of the Departments were included in that bill, and Chair a year ago, on the ~ound that we could not lawfully, With re that the third section referred to by the Senator from Ohio, which spect to the other Honse, mstruct our agents to insist upon not increa-s ha-d been agreed to by Congress prior to that time, includes only the ing our own salaries for services already performed. heads of the different Bureaus and the Commissioner of A~~culture. I think my friend from New York, in the candor th?'t I know char My object in making the statement I did was to have this bill go acterizes him, will see that there must be some force m that observa as far as the law then went-to the extent that we could constitution tion. And then when we go to the other House we find there a. ally carry the repeal. That kind of a bill I am willing to vote for, decision of the late Vice-President of the United States, who, on the and that is what I think the people demand. I merely rose to make occasion when this point was made last year, had just va{)ated the this correction. chair when the ruling by its temporary occupant was made, and Mr. CAMERON. I move that the Senate go into executive session. whose opinion wa-s understood by that occupant, I think I am safe Mr. WRIGHT. Let me say one word, with the permission of the in saying, as instructing him, that the l~w wa-s clea;r, and that the Senator from Pennsylvania. I trust if the public interest is such motion was in order. But that ha-s nothrng to do With the present that we should go into executive session now, as has been sug ca-se. The Senator from Illinois asked the Senate, and the Senate gested bythe Senator from Pennsylvania, that, while of course I can sustained him in it, to say that upon parliamentary law we could not not bind any one, it will be with a distinct understand..iJ;l.~ that we instruct our own agents to insist that the provision increasing our stand by this bill to-night. I call upon the friends of the bill; I think own salaries should be struck out of that bill. the sooner we pass this bill or dispose of the question the better for I say, then, yielding entirely to the force of what my friend from us and for the country. New York has said as a technical argument as to the change of cir cumstances, that when you come to the meat of the thing, precisely _ EXECUTIVE SESSION. the same question in all the cases has been determined, first by the The PRESIDE.NT pro tempore. The question is on the motion of Honse of Representatives, stated by its Speaker and universally ac the Senator from Pennsylvania. quiesced in when the point was raised, in terms that tho House ha-d The motion was agreed to ; and the Senate proceeded to the con the same power to instruct its committee of conference that it had sideration of executive business. After twenty-four minutes spent in to instruct any other committee; next by the Vice-President, now executive session the doors were re-opened; and (at four o'clock and Senator from Maine, stating, without using the same terms, that a seven minutes p.m.) the Senate adjourned. motion which was to instruct that committee was in order, although he gave a different reason for it, and one which has much force, but does not quiet commend itself to I?Y. own mind; and nex~ th_e ~enate, by unauimonsconsent,onthemotionoftheSenatorfromlllinoiB,mstructed a free conference in the very sense of my friend from New York, as he HOUSE OF REPRESENTATIVES. will find by looking at the record of the House of Representatives, to insist upon a particular provision being put in or taken out; and after TUESDAY, January 6, 1874. aU this, I do say that we were acting under a misapprehension when we voted last year-a misapprehension of the history of the subject. The Honse met a.t twelve o'clock m. Prayer by the Chaplain, Rev. I do not say it was owing to a want of judgment; but I say we ha-d J. G. BUTLER, D. D. not-in remembrance, at that time, the fact that the Senate had on The Journal of yesterday was read and approved. two occasions and the House had upon one, then recent, done what CHANGE OF REFERENCE. to me appears to be the very same thing in substance and effect. Mr. DAWES. I desire unanimous consent to change the reference Now, Mr. President, unless my friend from New York wishes to of a bill which was yesterday referred, doubtless through inadvert make an observation, I move, in pursuance of my promise, not for the ency, to the Committe~ on the Judiciary. It was a b~ "0 regulate purpose of an adjournment, but to attend to public interests which are the service and collection of customs and to repeal m01etie~z. &c. It required to be considered in executive session, that the Senate proceed should have been referred to the Committee on Ways and Means. I to the consideration of executive business. ask that the change of reference be made. Mr. LOGAN. Will the Senator withdraw the motion for a moment Y The SPEAKER. If there be no objection the change of reference Mr. EDMUNDS. I will if my friend will renew it: · will be :made. Mr. LOGAN. As I said, I do not rise for the purpose of continuing There was no objection; and the change of reference wa-a ma.d.e. the discussion, but merely to call the attention of the Senate to one point. TRANSPORTATION. In the debate yesterday I stated that the bill presented by the Mr. McCRARY, by unanimous consent, from the Committee on Rail committee, using, perhaps, a strong term, was a deception, for the ways and Canals, reported a bill (H. R. No. 1g12) to regulate commerce reason that it professed to repeal the bw of the last session as far as by raib:"oads among the seve~al States; which .was read a first. and we could go, and did not do it. I said that I did not make that !emn.rk second time, ordered to be prrnted, and recommitted to the committee in any o:ffensi ve sense. I was corrected by the Senator from Ohio, [Mr. with the understanding that it should not be brought back by a. motion to reconsider. SHERl\1AN1] he believing that I was mistaken, that it did incluue a.ll. He referred me to the third section of the appropriation bill of la-st DESTITUTION IN THE SOUTH. yoar, which applied to the hea-ds of Bureaus and other employes in the Mr. SYPHER. I ask unanimous consent to offer a resolution which Departments. :My friend the Senator from Maine, [Mr. MORRILL,] in meets the approbation of the President and Juts his approval. I ask his seat assented to the proposition, saying "except the Chief Justice that it be read by the Clerk. of tho Supreme Court;" and that seemed to me to be the impression The Clerk read as follows: left on the Senate, that this bill did repeal all of the salary uill of last Whereas it is known by well-authenticated report.'!, specific:tlly brought to the year saving the clauses affecting the President of the United States, capital by Rev. Bishop Wilmer, of Louisbna, that in certain localities in the South and the Chief Justice of the Supreme Court and the other judges of the peopte are destitute and in a. condition of starvation, owingto the fuilu.re of the that court. Now, in order to show that I was correct, and to correct 8 the impression, not intentionally but unintentionally made on the Sen cr~~~Z.;~er~::!"t fue President of the United SOO.tes is hereby authorized to direct the Secretlu;;r of War to issue army ratioiL~ in such quantities as may be r equired ate, tha.t this bill did go as far as the other one did, I will·read the to alleviate the immediate sufferings of the inhabitants of the destitute commu amendment proposed by the committee of the Senate: . nities. 1874. CONGRESSIONAL RECORD. 405 :Mr. HOLMAN. I s this a joint resolution f CIVIL RIGHTS. Tho SPEAKER. It is a joint resolution, and contemplates action. Mr. WILLARD, of Vermont. I object to it. The SPEAKER. The House resumes the consideration of the bill Mr. MAYNARD. This resolution should hardly be pa sed without (H. R. No. 796) to protect all citizens in their civil and legal ricrhts, some authentic statement upon which to base it. I suggest that it upon which the gentleman from Kentucky [Mr. DURHAM] is enhltled be referred to some committee with leave to report it back at any to the floor. time. Mr. DURHAM. I yield to the gentlE~man from Alabama, [Mr. Mr. SYPHER. I hope the gentleman from Tennessee [Mr. MAY WHITE,] who desires to have an amendment printed. NAliD] will not object to this resolution, :for when the people of Mem Mr. WHITE. I desire to give notice of an amendment which I phis were snfff'ring-- propose to offer at the proper time to the civil-rights bill, and I ask Thc SPEAKER. 'fhe gentleman from Vermont [Mr. WILLARDl that it be printed. objects to its being adopted at this time, and the gentleman from No objection was made, and it was ordered accordingly. Tennessee [1\fT. }.fAYNARD] suggests its reference to a committee. Mr. BECK. I ask my colleague to yield to me to offer an amend Mr. WILLARD, of Vermont. I move it be referred to the Commit- ment. will tee on ~ducation aud Labor. Mr. DURH..ilf. I do so. Mr. SYPHER. With leave to report it at any time. lli. BECK. I desjre to offer an amendment to the civil-rights bill, The SPEAKER. That requires unanimous consent. and to have it printed. It is to add to section 1 the following: No objection wat'! made; and the joint resolution (H. R. No. 31) was Provided, That nothing herein contained shall be so construed aa to require accordingly received, rea.d a first and second time, and referred to the hotel-keepers to put whites and blacks into the same rooms, or beds or feed them at the s!llile table, nor to require that whites and bla{lks shull be put into the same Committee on Education and Labor, with leave to the comm1ttee to rooms or classes at school, or the same boxes or seats at theaters, or the same report at any time. berths on steamboats or other vessels, or the same lots in cemeteries. CIVIL RIGHTS. Mr. BOWEN. I send to the Clerk's desk, and ask to have read, The amendment was ordered to be printed. some joint resolutiop_s of the State of Virginia. Mr. RANSIER. I ask the gentleman from Kentucky to yield to me The joint resolutions were' read, as follows: to offer an amendment. Joint resolutions reaffirming the third resolution of the conservative platform of Mr. DURHAM. I will do so, if it does not come out of my time. 1873, and protesting against the passage of the civil-rights bill now pending in The SPEAKER. It will come out of the gentleman's time. The the Congress of the United States. Chair will recognize the gentleman from South Carolina, [Mr. RAN Resolved by the General Assembly of Virgin~ · SIER,] after the gentleman from Kentucky has concluded. 1. That the sentiments embodied in the third resolution of the platform of the Mr. DURHAM. 1\Ir. Speaker, in the twenty minutes allotted to us conservative party of Virginia in the late election, ratified as they have been by an in this debate it is impossible fully discuss the provisions of this nnprececlented popular majority, and commended to the favorable cQDsideration of to the General Assembly by tbe governor of V"rrginia in his inaugural messaae, be, and bill. Nearly the whole ground has been gone over by the gentlemen the same are hereby, reatnrmed; and this General Assembly doth declarethat there from Virginia, Georgia, and Texas, [Messrs. HARms, STEPHENS, and is no purpose upon their part, or upon the part of the people they represent, to MILLS; ] but the importance of this bill, and the evil effects its pas- che1·ish capricious hostility to the present administration of the F ederal Govern m ent, but that they will jmlge it impartially by its official a-cts . and will cordially · sage will produce to the district and State which I represent, is my co-operate in every measiire of the administration which may be beneficent in its only apology for now aBking the attention of the House. The people desi~ , and calculated to promote the welfare of the people and cultivate senti of Kentucky have submitted quietly and :without resistance to all ments of good-will betwe8n the rlifferent sections of the Uruon. the various amendments to the Constitution of the United States 2. That this General Assembly recognize the fourteenth amendment to the Con stitution of the United States as a part of that instrument, and desire, in &ood and the laws passed by Congress in relation to the institution of faith, to abide by its provisions as expounded by the Supreme Court of the Urn ted slavery, and by which they have been deprived of millions of prop States. That august tribunal recently held, after the most mature considemtion, erty without compensation. Slaves were recognized by the Consti that it is only the privileges and immunities of t.he citizen of the United States that tution as property, and under that instrument you could paBs no law nro -placed by this clause under the protection of the Constitution, an1l that the privile."'es and immunities of the citizen of the State, "whatever they may be, are impairing the right of the holder of that kind of property without not intended to have any additional protection by this paragraph of the amend a just compensation. A constitutional amendment was necessary to ment," and that the "entire domain of the privileges and immunities of citizens of emancipate the slave; and the thirteenth amendment was adopted. tho State, as above defin ed, lav within the constitutional and legislative power of But after this amendment he was not a citizen; and to make him such the States, and without that of the Federal Government." 3. That this amendment, thus construed by the highest judicial tribunal of the the fourteenth amendment was adopted. This being done, he could cotmtry, is the supreme law of the land; a law for rulers and people, and should not vote; and to enfranchise him the fifteenth amendment was be obeyed and ref!pected by all the co-ordinate departments of the Government. adopted. So that it lills required three amendments to the Constitution 4. That the bill now before Congress, known aa the civil-rights bill, is in vio to enfranchise him. L'l.tion of this amendment aa interpreted by the Supreme Court of the United State , is an infringement on the constitutionaJ.andlegislativepowersof the States, You could not reach this result by simple congressionalenaotmentsi is sectional in its operation, and injiirious alike to the white and colored population and, although the bill now under consideration has been reported. of the Southern States, " and that its enforced application in these States will by the Law Committee of thi House, I do not believe that it is con prove destructive of their systems of education, arrest the enlightenment of the stitutional. I do not believe that Congress has any right, under any colored population in whose improvement the people of Virginia feel a livelv inter a t, produce continual irritation between the races, cotmteract the paclfication or either of these amendments, to pass any such law. Congress had as and development now happily progressin~r, repel immigration, greatly augment much right to pass a law enfranchising the freedman before the adop emigration, reopen wounds now almost hea.led, engender new political lh'lperities, t ion of the fifteenth amendment as it has to pass this bill; and yet, as and paralyze the power and influence of the State government for duly controlling and promoting domestic interests and preserving internal harmony. · · before stated, no attempt was made to enfranchise him until after that · 5. That the people of Virginia, through therr representatives, enter their ear amendment, because that amendment was necessary to accomplish nest and solemn protest against this bill, and instruct their Senators-and request that result. I believe the matters and things embraced in this bill are their Representatives in the Congress of the United States fL."''Illy, but respectfully, alone the subject of State legislation. I do not believe they are em to oppose its passa~e, not onl,y forth~ reasons herein expresseu, but as a meaaure calculated to arrest the growmg sentiments of concord and harmony between the braced in any of the powers delegated to the General Government. Northern and Southern States of the Union. The pa sage of this bill will oveiTide that provision of the Constitu 6. That the Governor cause a copy of these resolutions to be forwarded to each tion, which declares- of OIIr Senators and R epre entative in the Congress of the United States, with the request that they present the same in their respective bodies. The powers not delegated to the United States by the Constitution, nor prohib ited by it to the Stat&!, n.re reserved to the St..'l.tes respectively, or to the people. Agreed to by the Senate January 5, 1874. SHELTON C. D.AVIS, 0. S. It interferes with State-rights and State sovereignty; and against .Agreed to by the House of D elegates January, 5, 1874. . J. BELL BIGGER, 0. H. D. this system of legislation I enter my solemn protest. We have no more right or power to say who shall enter a theater or a hotel a.nu Mr. BOWEN. I move that these resolutions be printed, and referred be accommodated therein than to say whoshallenter aman's private to the Committee on the Judiciary. house or enter into any social amusement to pass away an even The motion was agreed to. ing's hour. We have no more right to say that a particular class of REGENTS OF THE SMITHSONIAN INSTITUTION. individuals shall have access to our public schools, when those indi Mr. MAYNARD, by unanimous consent, introduced a joint resolu viduals have not contributed to the support of those schools, than we tion (H. R. No. 32) in relation to the appointment of regents of the h ave to say that they shall have access to privateschools. These are Smithsonian Institution; which was read a first and second time, re matters purely of localle~islation or of private contract. ferrecl to the Committee on Education and Labor, and ordered to be I know, Mr. Speaker, it IS sometimes hard to determine what are the printed. · powers of the General Government; how far they extend, and where ELECTION CONTEST-BETHUNE V8. HARRIS. the jurisdiction and power of the St::.tes begin; and we sometimes over lli. LA1\IAR. I am instructed unanimously by the Committee on look the fact that there is a citizenslup of thG State as well as a citi zenship of the United States. Now, my idea is, if the citizen of tho Elections to report the following re olution: State should be protected in his rights and immunitie , (I mean tho e Resolved, That the Committee on Elections be discharged from tl1e fiirther con· siuemtion of the ca e of M;::trion Bethune, contesting the right of H enry R. Harris which are fundamental,) he has no right to complain, and Congress to a Reat on the floor of this House aa a Representative from the foiirth congres has no righ~ to interfere in the matter unless some of his political sional district of the State of Georgia. rights secured by the Con&titution are abridged or interfered with. The resolution was adopted. I think this position is sustained by several decisions of the Supreme Mr. LAMAR moved to reconsider the vote by which the resolution Court of the United States. That court, in the Slaughter-house cases, was adopted; and also moved that the motion to reconsider be laid lately decicled and reported in 16 Wallace, on pages 75 and 76, spea1.-ing on the table. of these privileges and immunities aud the clause of the Constitution 'l.'he .latter m ntion was agreed to. securing them, says : 406 CONGRESSIONAL RECORD. J .ANU.ARY 6, Fortunately we are not without judicial construction of this clause of the Con Mr. Speaker, I desire to say a few words as to the effect the pas stitution. Tbe first and the leading ca.se ou the subject is tb.o,t of Corfield vs. Corgill, decided by Mr. Justice Washington in the circuit court for the district sa~e of this bill will have upon the people I represent. As before of Pennsylvania in 1823. (4 Washington s Circuit Court, 371.) sa1d, the slave has been made a freedman- been made a citizen and •· Tho inquiry," be sa.vs, "is what are the privileues and immunities of citizens enfranchised. These are political rights. The State which I in part of the several States~ We feei no hesitation in con.filling these expressions to those represent protects him in the enjoyment of these rights, and I do not privileges and immunities which are fundamental, which belong of right to tho citizens of all free governments, and which have at all times been enjoyed by citi know of any ma,n in my district who desires to illterfere with thoso zelll! of the several States which compo e this Union from the time of their becom rigJ;tts. Bu~, sir, when you undertake to_legislate as to the civil and ing free, independent, and sovereign, What these fundamental principles are it somal relations of the races, then yon will have aroused and embit woul(l be. more tedious than difficult to enumerate. They may all, however, be tered the feelings of the Anglo-Saxon race to such an extent that it comprehended under the following general heads: protection by the Government, with the right to acquire and possess property of every kind, and to pursue and will.be har~ to _control them. The poorest and humblest white per obtain happiness and safety, subject nevertheless to such restminU! as the Govern son m my district feels and knows that he or she belongs to a superior mont may prescribe for the general good of the whole." raee morally and intellectually, and nothing is so revolting to them With this definition of the rights and immunities of citizens, can as social equality with this inferior race. They will treat the freed it be claimed that there is any citizen or class of citizens in Kentucky ma;n kindly, but socially hold aloof from him, as belonging to an in who are not protected by the State with the "right to acquire and fenor race. You may say these are not social relations provided for in posse s property of every kind, and to pursue and obtain happiness this bill; but, sir, if I am compelled to sit side by side with him in the and safety'" theater, the stage-coa-ch, and the railroad car, to eat with him at the The court, in these same cases, in the same book, on page 7 4, goes same table at the hotels, and my child to be educated at the same on to speak of the citizenship of the State and the citizenship of the schools with his child- if these are not social relations I do not nnuer United States thllil: stand them. To my mind, the most objectionable part of this bill is that which It iA quite clear, then, that there is a citizenship of the United States and a citi zenship of a State, which are distinct from each other, and which depend upon forces the children of freedmen into our common schools. The State· different characteristics or circumstances in the individual. of Kentucky in her liberality has provided a good system of common We think this distinction and its explicit recognition in this amendment of ~at sch?ols, which is supported by a direct tax upon the property of the weight in this argument, because the next p~o-raph of this same section, wbtch is the one mainly relied on by the plaintiffs in eiTOr, speaks only of privileges and white people of that State; and there are hundreds of poor children in immunities of citizens of the Umted States, and does not speak of those of citizens my district, l').nd thou ands in Kentucky, who receive in these schools of tho several St.'ttes. The argument, however, in favor of the pla,intiffs rests all the education they ever get; and they look upon this privilege as wholly on the assumption that tho citizenship is the same, and the privileges and the greatest boon which an enlightened Legislature could confer upon immunities guaranteed by the cluuse are the same. Tho language is" No State shall make or enforce any law which shall abridge the them. Should this bill pass, and the children of freedmen demand privileges or finmunities of citizens of the United States." admis~i(;m into these schools, I believe the system in Kentuck:y: will It i a little remarkable, if this clause was intended as a protection to the citizen be so illJUied as to become worthies , and the thousands of ch1ldren of a Stat.e against the legislative power of his own State, that the word citizen of who thus receive a good common-school education, and who are un , the State should be left out when it is so carefnlly used, and Uf;ed in contradistinc tion to citizens of the United States, in the very sentence which precedes it. It is able to pay in the private schools, will go uneducated. Poor as they too clear for argument that the change in phraseology was adopted understandingly are, they will not accept of an education upon such degrading terms. and with a: purpose. I want to see the children of freedmen educated; and I believe if the It cannot be claimed by the friends of this bill that they have the people of Kentucky are let alone they will provide a way to edu right to pass the same to define what are the implied rights guaran cate them to themselves in separate schools. They are not taxed one teed under the Constitution. In the case of Cmndall vs. Nevada, 6 cent to support our schools now. As far back as February, 1866, the Wallace, page 36, the court defines what those implied rights are, Legislature of Kentucky provided that all the taxes collected from freedmen should go to the support of their paupers and the education thus: of their children. The first and fourth sections of said act read as It is said to be the right of the citizen of this great country, protected by implied guarantees of its Constitution, to come to the seat of Government to assert any follows : Claim he may have with it; to seek its protection ; to share its offices ; to engage in SECTIO~ 1. That all the taxes hereafter collected from the negroes and mulattoes in administering its functions. He has the right of free a{}Cess to its seaports through this Commonwealth shall be set apart and constitute a eparate fund for their u e which all operations of foreign commerce are conducted; to the sub-treasuries, land- and benefit; one-half, if necessary, to go to the support of their paupers, and the offices, and courts of justice in the several States. · remainder to the educ.'ttion of their children. * * * * I as,ert here that no citizen of the district I represent is deprived SEc. 4. The trustees of each school district in this Commonwealth may cause a of any of these p rivileges. I do not believe it was the intention separate school to be taught in their district for the education of the negro and mu of those who framed the Constitution and the amendments to give latto children in saicl district, to be condueteu and reported as other schools are, upon which they sh:ill receive their proportion of the fund set apart in this act for Congress power over oivil rights in the States, or to deprive the States that purpose. of those rights. In these Slaughter-house cases, on pages 77, 78, the The whole of the taxes of the freedmen of Kentucky go to support court, to my mind, settles this whole controversy thus : It would be the va.ine t show of learning to attempt to prove by citations of their own paupers and the education of their own children, and they authority, that up to the adoption of the recent amendments, no claim or pretense contribute nothing to the support of the State government. They was set up that those rights depended on the Federal Government for their exist are protected in their lives1 libertie , and in the pursuit of happiness ence or protection, beyond the very few express limitations which the Federal at the expense of the white people. They are protected in all of Constitution imposed upon the States-such, for instru1ce, as the prohibition again t ex po t facto laws, bills of attainder, and laws impairing the obligation of con their political rights without the payment of one farthing to secure trnots. But with the exception of these and a few other restrictions, the entire that protection. There are hundreds of paupers in that State sup- , domain of the piivileges and immunities of citizens of the States as above defined ported out of the variou county treasuries, because their own funds lay within the constitutional and le~islative power of the Sta.tes and without that are insufficient to support them. The insane are sent to one of our of the Federal Government. Was 1t the purpose of the fourteenth amendment, by the simple ueclaration that no State should make or enforoe any law which shall lunatic asylums and taken care of, and the expense paid out of the abridge the privileges and immunities of citizens of the United States, to transfer public treasury, which is :filled alone by taxes, &c., levied upon the the security and protection of all civil rights which we have mentioned from the property of the white people of the State. Under the provisions of States to the Federal Government~ the above a-ct separate schools have been organized and taught for And where it is declared that Congress shall have the power to enforce that arti cle, wa it intended to bring within the power of Congress the entire domain of the children of freedmen in many parts of Kentucky; aild if we are civil rights heretofore belonpng exclusively to t.he States~ let alone I believe our people will provide orne way to educate them All this and more must tollow if the proposition of the plaintiffs in error be generally. I believe the pa sage of this bill will so embitter the white soup. d. people of Kentucky that it will retard, rather than fo-rward, the edu For not only are these rights subject to the control of Congress, whenever in its discretion any of them are supposed to be abridged by State legislation, but that cational a"(} vantages of the blacks. I believe it will destroy our whole body may alsO pass laws in advance, limiting and restricting the exercise of legis common-school system. lative power by the States in their most ordinary and usual functions, as in its Mr. Speaker, I ask the gentlemen on the other side of the house who, judgment it may think proper, on all such subjects. And still further, such a con are pressing this bill to pause and reflect upon the consequences which struction followed by the rever al of the judgments of the supreme com't of Loui ' siana in the e ca es would c.onstitute this court a perpetual censor upon all legisla must result from its passage. ::{.ask them not thus to strike down and tion of the States on the civil rights of their own citizens, with authority to millify override the reserved rights of the States. I ask, in behalf of the white such as it did not approve as consi tent with those rights as they existed at the children of my district, not thus to destroy the only means they have time of tho adoption of this amendment. The argument. we admit. is not always the most conclusive which is drawn from to acquire an education. I ask, in behalf of every white person in my the consequences urged a~ainst the adoption of a particular construction of an in district, that you do not force upon them the degra ... c . 1874. CONGRESSIONAL RECORD. 407 :Mr. ELLIOTT obtained the :floor, and yiclfled to Constitution he now invokes for protection against outrage and unjust Mr. RANSIER. I desire to give notice, that at the proper time I prejudices founded npon caste. propose to offer the following au(1itional section, which I a~:;k to have But, sir, we are told by the distinguished gentleman n·om Geor~in. printed: [1\.ft. STEPIIENSl that Congress has no .power under the ConstitutiOn Thnt no citizen poss ssing all q_ualitrcations which are or ma.v be prescribed by to pass snch a faw, and that the passage of such an act is in direct ln.w shall be diAqtlalified fur serviCe as Juror in any court, nationa1 or State, by contravention of the Tights of the States. I cannot assent to any such reason of race~ color, or previous condi1lon of ervitmle; and any officer or other proposition. The constitution of a free government onght alway to per on char$t!.u ith the duty of the st-lection or summoning o.f jurors who shall t'Xclude or tail. to summon any citizen for the rea o~s above nam d shall, on con be construeu in favor of human rights. Indeed, the thirteenth, fonr viction thereof, l> deemed guilty of a mi11demeanor, and be tineu not less than teenth, and fifteenth amen1lments, in positi>e wortls, invest Congre ~ fl,OOO nor more than 5,000; anll any cliscrimiuation ag;ainst any citizen on account with the power to protect the citizen in his civil and political right~;. of color, by use of the word "white" in any law, statute, or fi.eu. Doubtlc s his democratic instincts :1re plcaRe(l; but will ho or llrawn from his own State, sustain his a toumling as umption. his able coadjutor say that such exclusion is a lawful exercise of the Accoriling to tho statistics we find the whole white poiJulation of police power of the State, or that it is not ::t uenial to me of tho equal that State is 1,098,G92; the whole colored population 222,210. Of tho protection of the laws? 'fhey will not so say. whole white population who cannot write we :iln stead and to force them to ratify constitutional amendments by the ing web in whose meshes our liberty shall perish. The national powe~ of the bayonet, a?-d ha.s thus create~ so ma;ny pre?ede?-ts i~ vio Legislature may yet prove the blind Samsonian strength which shal lation of the Constitution that the sanctity of Its obligations IS not move the pillars of her temple from their place and destroy its heeded as hoped for by its framers, would see:!? to be a useless ~onsump votaries. tion of time. Being restricted to twenty mmutes~ I do not mten.d to General BUTLER has said that in a foreign country we are bound review them, but merely to note them as usurpatio~s of the_ legiSla to protect the rights of our citizens, and we must therefore have the ti ve department of the Government. Mr. DAWES, .m refe~g to a right against the States. In the former case the States are prohibited compilation of decisions in elec.tion ca es :J?ade d~mg and smce tJ;le by the Constitution from extending protection, this being entirely war by the Committee on Electwns, o~ which I believe he was charr and necessarily delegated to the General Government, whereas they man declared they did not deserve wei~ht as precedents, because they may and ou~ht to do so as between their own citizens. Again, he says wer~ made amid the passions aroused by sectional strife, and were he wants this law to prohibit a negro from being pitched out of a car wantin(J' in that calmness of consideration which was a condition-pre in ca.ses where it is difficult to tell in what State the wrong was per cedent to ri(J'ht jud(J'ment. May we not hope that after nearly a decade petrated. If he is serious in this, I imagine that when thrown off has separa~d us fr~m ~he tm;nination of the war th.e same c.ando~ can the negro could as ea ily ascertain his whereabouts aB he could find be invoked m the consideratiOn of the present subJect of discussion Y a Federal court. As to any difficulty from one State having no law, If so, then the dawn of a happier day-of peace, prosperity, and a and another having it, to protect their rights, I assert that in all of genuine reunion-is surely breaking upon the American people. them they have the same law aB the whites. Again, sir, how is it to The power to pass this law it is asserted is to be found in the first be expected that if juries will not convict in State courts, they will section of the fourteenth article of amendments to the Constitution of be more virtuous in Federal courts f Is the manner of select.ing the United States. That section declares: jurors to be so devised as to secure men in sympathy with these pros All persons born or naturalized in the United States, and subject to the.jurisdic ecutions f tion thereof are citizens of the United States and of the Stat~ wherem they In my own St:tte the jurors in the ;Federal court are selected so reside. No State shall make or enforce any law which shall abridge the pr~vileges or immunities of citizens of the United States; nor shall any State depnve any that they are comprisedof persons pre-eminentlyi~norantand preju ~ person of life, liberty, or property without due process of law; nor deny to any diced against the white people thereof. A fair trial is despaired of per o~ within its jurisdiction the equal protection of the laws. by a wJV_te man if his controversy is with a negro. In the name of Christianity, of civilization, of liberty, and law; by the memories of Then follow the third, fourth, and last section, which provides Con the struggle of 1776, and the better days of the Republic; by the gre s shall have power to enforce by appropriate legislation the consciousness that a common destiny awaits us all, I urge you not to provisions of the article. permit sectional feeling to prompt so great a crime. . The rights sought to be secure?- by ~s bill ~ave al.ways hitherto _been And now, :Mr. Speaker, I invite attention to the situation in my regarded as subject to State legislation. This section does not divest own city of the two races, in connection with the subjects of present State authority, but fixes a qualifica?-on to the exer~ise thereof. 'rhe legislation, which fairly illustrates my State. bill does not as ume the States have VIolated that section or have failed The negroes have their own inns, and neither seek nor desire enter to enforce its provisions; but proceeds directly to divest them of all tainment at those resorted to by the whites. They have the same power, and to prescribe penalties, and to confer exclusive jurisdiction cemetery with the whites, divided between the races, and each por on the Federal courts. We are told that, in some of the States, while tion cared for alike. They have railroad facilities, comfortable and the laws are ample the courts and juries are not disposed to execute satisfactory. They have tasteful and substantial churches, erected them. It is not pretended that this is true in all the States, and yet largely by the contributions of generous white men, and which are all of them under this bill lose their power over the subject-matter. to them a source of pride. They resort freely to places of public Even downtrodden Louisiana, plundered and ruled by her former amusement, and have assigned them comfortable seats. They have slaves, is told that this additional humiliation awaits her. The equal educational facilities, both as to school-houses and teachers, American Con!!Tess have by unconstitutional means forced a negro with the whites; and could this House know how fully they are pro government upon them, and yet we are told with all its machinery vided for in this respect it would compel their warmest commendation. in their hands the negroes cannot protect their own rights. The Often times they outnumber the whites in the jury-box. I do not daring effrontery of this effort verifies the wis~om of the warning of mean to say they are in the jury-box in all counties, but do say that 1\Ir. l\1adison and 1\Ir. Jefferson to the Amencan people, to guard in many counties not one-fourth of the white voters have their names against the danger of usurpation in the legislative department of the placed in it. A kindly feeling exists between the races. Labor, which Government, for there lay the greatest danger of tyranny. han been demoralized by political excitement, is becomin~ profitable I know it has been said that if the section referred to gave no to laborer and employer, and mutual confidence and good-will is in pro power ave that of a negative upon the acts of the States there could cess of perfect restoration. Let our people alone, and liberty, wealth, be no legislation. and harmony will spring forth in young and vigorous life, and com The Constitution declares no State shall pass a law impairing the mend the wisdom of your conduct. obli(J'ation of contracts. This is an individual right pla.ced under the But, sir, we am told the Government owes it to the colored people protection of the General Government ; and in order to secure it that this bill shall pass. There are in the Southern States two races, Congress have pas ed a law authorizing a writ o~ e:r:ro.r to the Supreme as distinct in their social feelings and prejudices as in color. The e Court wherever the right thus secured to the mdiVIdual was drawn have a natural force beyond the control of human law. The sooner in question. And all State laws impairing the obligations of a con they are recognized by our rulers the better for both ra-ces and the tract were void, and yet no one has ever doubted the right of a State country. Force the negro into the common schools where the white to pass laws to enforce rights. Believing that it will meet th~ ~ children go, and the whites will withdraw. The common schools will is ue with the bill, I quote the following paragraph and the opnnon be abandoned, and the only hope for the moral and intellectual ele of the Supreme Court thereon: vation of the negro will sink below the horizon forever. Force them "Nor shall any State deny to any person within its jurisdiction the equal protec into public inns, and the proprietor must submit to your prosecutions tion of the laws." or ab,andon his calling, for the whites will not remain in such asso In the light of the history of the thirteent~ , fourteenth, and fift~nth am«?n<;l ments, and the pervadin"' purpose of them, whwh we have already discussed, 1t 1s ciation. Public inconvenience follows, but nothing for the public not difficult to give a m~aning to this clau~e. Tho «?xiste~ce .of .laws in ~e State good. Common carriers will be more or less affectect by it. where tho newly emancipated negroes res1ded, which discrmunated ~ gro~s What will be the result as to churches, cemeteries, and public inju tioo and hardship ao-ainst them as a class, was the evil to be remedied by this amusements, I cannot exactly delineate. An unkind and ungenerous clan e, and by it snch la;s are forbidden. If, however, the States did not confonn their laws to its requirement, then .bY the feeling will permeate all intercourse between the two races. The fifth section of the fourteenth article of amendment Congre s was antho~z6d to deplorable consequences, socially, politically, materially, cannot be enforco it by suitable legislation. We doubt very much whether any action of. a overstated. State not directed against the negroes as a class, or· on account of their ~ce, will This Government cannot lay well these foundations for social ever be held to come within the purview of this provision. In the early history of the formation of the ~vernment its statesmen seem to have divided on the line equality. Mr. Speaker, the sovereignty of the States may be over which should separate the powers of the national ~vernment from those of the thrown, the pride of the people may be mocked, their property may Staoo government~; and though this line bas never been very well defined, in public be swept away, cruel imprisonment may afflict them, the power of opinion such a division has continued from that day t<» this. the Government may be turned in fearful vengeance upon them; but When the civil war broke out, it was then disco-.ered the true danger to the per petuity of the Union was the capacity of the State organizations to combine and there is a law of the Creator that for a time may cease to operate, but concentrate all the powers of the State, and of co,ntiguous s.tates, f~r a detennined can never become obsolete, that governs this question. · · r i tm1ce to the General ~vernment. Unquestionably this has ~ven great force I as ert, sir, that there is a disposition on the part of the whites to to the argument, and added brgely to the number of those who believe in the neces- give the ne 412 CONGRESSIONAL RECORD. J .ANU.ARY 6, the same situation with us, I know full well this bill would not pass. equal protection of the laws. What the State permits by its sanc Surely they are led by abstractions rather than a practical compre tion, ha'ring t~e power to prohibit, it does in effect itself. hension of the real wants of the South. In the name of the Con A reme?ial power in the Constitution is to be construed liberally. (Chisholm stit ution of our common country; in behalf of the time-honored vs. G1mrg1a., 2 Dallas, 476.) power of the States to regulate the civil rights of its citizens; from Wltere a power is remedial in its nature there is much reason to contend that it ought to be construed liberally. (1 Story, Const., ~429.) an earnest desire to preserve the present ~ood -feeling between the two races, and to avoid the antagonism and mdustrial detriment that The rule of the liberal construction of the power to make laws is about to be called into life, I earnestly urge this House not to pa.ss necessary and proper to carry into effect all the provisions of the Con this measure. It contains evil, and evil only. It tells the white peo stitution was adopted in Gibbons vs. Ogden, 9 Wheat. ple of the South the war tihalllast forever. "While you have given Adopting this rule, then, the word "laws" must include all laws ·to the Government great men and means whereby our liberties were which prevail in a State-constitutions, treaties, sta.tutes common e tablished, yon, their descendants, shall drj.nk the dreO's of humilia law, international law-in brief, all laws. ' tion forever ! " Our people know this Government is to"'be theirs, and When it is said "no State shall deny to any person the equal pro offer true allegiance to it. Only a few days· ago a distinguished leader tection" of these laws, the word "protection" must not be under of the dominant party in this House, in discussing the bill mnJring sto~d in any restricted sense, but must include every benefit to be additional appropriations for the Navy, said he was confid(mt there der1ved from laws. The word "deny" must include an omission by was not a man on this floor who was not prepared to vote every dol any State to enforce or secure the equal rights designed to be pro lar nece sary to the vindication of the national honor. It was t.rue tected. There are sins of omission as well as commission. A State not only of this House, but of all sections of this country. Why which omits to secure rights denies them. This section deals with stifle the feeling 'f Why wound the pride of such people 'f The "the privileges" and the "immunities of citizens "-not some pri strength of a nation must rest upon the affections of its subjects. vileges, but "the privileges "-all privileges, and for all these the Why, then, should they not be cherished Y "equal protection," the equal benefit, of all laws is to be extended to .1\fr. Speaker, I represent an intelli.gent, brave, and generous people, all citizens. and for them I have sou~ht the attention of this House. For them I By the co~on law it is the duty of common carriers of passen enter solemn protest agamst the passage of this bill, and invoke that gers and fret~ht to carry all orderly and well-conditioned persons. justice which future times will award them. Story, in his work on bailments, says: One of the duties of a common carrier is, to receive and carry all "'Oods offered 11ffi8S.A.GE FROM THE SENATE. ~or tr~sportion by any p er:sons w!Iatsover, upon receiving a suitable"'hire * * * A messaze from the Senate, by Mr. GoRHAM, its Secretary, a~ounced if ho will not * * * he will be liable to an action unless there is a reasonable that the Muate had passed without amendment a joint resolution ground for the refusal. (Section 508.) (H. R. No. 14) giving the consent of Congress to the acceptance by . And no ~aw-book has ventured to say the color of the person offer Edward Young of a present from the Emperor of Russia. mg goods l.S any ground for refusal. CIVIL RIGHTS. He says of common carriers of passengers: The first and most general obligation on their part is to carry passengers when. The House resumed the consideration of the civil-rights bill. ever they offer themselves and are reacly to pay for their transportation * * * :Mr. POLAND obtained the floor, and said : Mr. Speaker, I have had they are no more at liberty to r efuse a passen~er, if they have sutfirient room and occa ion several times to express my general views in relation to ·the accommodation, tha,n an inn-keeper is to r eruse suitable room and accommoda questions involved in ;this bill, and therefore do not feel at liberty to tions to a guest.. (Section 5!>1.) occupy time now myself. . I yield ten minutes to the gentleman from The fourteenth amendment declares, in effect, that no State "shall Ohio, [Mr. LA~CE.] . deny to any person within its jurisiliction the equal protection of the Mr. LAWRENCE. Mr. Speaker, after the magnificent and unan laws;" that is, the equal benefit of these principles of common law swerable speech of the gentleman from South Carolina [Mr. ELLIO'IT] sh~red by .and existinO' for the protection of citizens generally. I feel reluctant to trespass on the patience of the House. I would St~. more, 1t declares that Congre s shall enforce thls equality of ' not do so, but it seems to me there are some considerations in favor pnvilegeg of the constitutional power and duty of Congress to pass this bill Whon the States by law create and protect, and by taxation on which possibly have not been fully presented. the property of all support, benevolent institutions designed to care To determine the question whether this bill should pass, we may for those who need their benefits, the dictates of humanity require properly inquire what it is or is not; whether it is within the consti that equal provision should be made for all. Those who share these ~tio?al power of Congress to make it a law, and if we have a discre benefits enjoy in them and by them "the protection of the L.1>ws," the tion m the matter, the expediency of its provisions or objects. · henefit of all that results from the laws which create, protect, and It proposes t? ~ak~ it a penal offense for any co:ryoration or person support them. And by the fourteenth amendment, no State shall ii? ~ake any distinction because of race or color m affording to any d~ny to any the equal be_nefit o~ these l.aws, and Congress is charged mtize~ of .the United States the privilege of admission to or accom With the cluty of enforcmg thlS equality of benefits or protection; modatiOn m several enumerated cL.'tSses of public institutions created and to make this effectual it is declared that "Con~ess shall have and protected for public purposes by authority of either common or pow~r. to ~nfo~ce by appropriate legislation" this nght to an equal statutory law, or both. It proposes to secure equal privil eO'es reO'ardle s participation m the benefit to result from the law reQU}atinO' com of race or color, in public inns, licensed places of public ~m~se~ent in mon carriers. And this principle applies to every publlc ben~fit en the means of public carriage of passengers and freight, in cemeteries joyed by c~tizens generally under or by reason of public law. ~nd benevolent insti?ttions; an~ an equal opportunity for instructio~ If Congress does not have the power to legislate to secure the right m schools supported m whole or m part at public expense or by endow- to enjoy these equal benefits then what is it that "Congress shall ment for public use. " have power to enforce by appro;priate le!rlslation Y" All_ these are created orrecogniz~d and protected by public law, and It is a rule of interpretation that word's are to be construed so that the bill proposes to declare that theu benefits, like the dews of heaven they may have some effect-verba ita sunt intelligenda ut 1·es magis shall descend alike upon all citizens, whether an American, or Irish' valeat quam pereat. or German, or African sun may have burned upon them. . ' The history of tlle amenclmeuts to the Constitution proves that the It should be observed that the bill does not give or propose to O'ive design of the fourteenth amendment was to confer upon Con!!Tess0 the or create any right where none existed before; but it simply decl~res power to enforce civil rights. · ,that wherever public rights already exist by law in favor of citizens The first act of Congress known as the civil-rights law, is dated generally, none shall be excluded merely on account ofrace or color. .April 9, 1866. . This is the rule of justice and the only rule of safety. The necessity for this was abundantly shown in the debates of This bill is supplemental to the civil-rights act of .April9, 1866. Congress. (Globe, 1st session Thirty-ninth Congress, 1160-1833.) C?ngre s has _the consti~~ional power to pass this bill. The pro This law was designed to secure equality for all citizens in the civil tection of the nghts of mt1zens enumerated in the bill is not left rights enumerated in it. exclusively to the care of the States. This may be proved by the lan But it encountered opposition in Congress, not merely from demo guage of the Constitution, by the history of some of its provisions crats, but from republicans, on the ground that the Constitution did and by the determination of the courts. ' not authorize it. (Volume 70, Globe, 1st session Thirty~ninth Con The fourteenth article of amendments declares that- gress, 1266-1291. .Appendix, 156.) No State shall make or enforce any law which shall abridge the privileges or im In the debate 1\farch 9, 1 8~6, l\Ir. Bingham said: munitie of citizens * * *; nor sh:iil any State * * * deny to any person within The enforcement of the bill of ri~hts, touching the life, liberty, a.nd property of its jurisdiction the equal protection of the laws. every citizen of the republic, within every orga.nized State of the Uruon, is of the reserved powers of the States, to be enforced by State mbunaJs and by State Ancl- officials. (Page 1291.) Co~gre :'!shall have power to enforce, by appropriate le!tislation the provisions of thiS article. "' ' ~ He proceeds to say that the civil-rights bill- Should be the law of every Sta,te, by the voluntary act of every State. The law . If a doubt. could arise !ls to how these words are to be interpreted, in every Sta.to should be just. It should be no respecter of persons. It is otherwise if any quest10n could eXISt aa to their construction, let it be remem now. bered they are provisions in favor of human riO'hts and all such are He then proceeds to say : to be liberally construed to effectuate their obj~ct. ' I should remedy that, not by an arbitrary assumption of power, but by amend The object of this provision is to make all men eqn.:'ll b~fore the ing the Constitution of t.h.e United States, expressly prohibiting the States from any law. If_ a. State permits in~quality in rights to be created or meted such abuse of power in the future. out by mtl.Zens or corporations enjoying its protection it denies the On the 28t.h of February, 1866, in discussing one of the many prop·~ 1874. CONGRESSIONAL RECORD. 413 sitions to amend tht} Constitution, all having substantially the same The fifteenth amendment, as the gentleman from Georgia [Mr. object, he said: STEPHENS] says, does not" bestow or even declare any ~igbts ;" but it The proposition * * * is simply a proposition to arm the Congress of the does prohibit States from denying the equal right of· sufii·age. Con United J~'tates with the power to enforce the bill of rights as it stands in the Con gress has power to enforce the prohibition by "appl'opriate legisla stitution. tion." Here is the power to enforce a prohibition. Oue day less than two months after the civil-rights bill had been A similar power is given in the same words in the fourteenth amend- opposed in Congress as unconstitutional the provisions of the -four ment. . teenth amendment were first discussed in this House, on the 8th of The power of Congress to enact the civil-rights bill and to pass this May, 1866. is settled by the reasoning and authority of adjudicated cases and ele The "!!Teat0 oommoner"-Thaddeus Stevens-in opening the debate, mentary Wiiters. Among these I will cite Smith vs. 1\Ioody, 26 Indiana, after stating the provisions of the first section, said: 307 ; in re A. H. Somers, by the chief justice of the court of appeals of I can hardly believe that any person can be fonnd who will not admit that ~very Maryland; United States vs. Rhodes, decided in 1867 in the United one of these provisions is just. They are. all ~se~.d in some fo~ or other m our States circuit court Kentucky, 7 American Law Register, N. S., 233; in declaration or organio law. But the Consti!'ution lim1ts only th~ action of Congress~ anrl is not a limitation on the States. This amendment supplies that defect, ana 're Turner, by Chase, C. J., habeas corpus, Maryland,. 1867; ex pm·te allows Congress to coiTect the unjust legislation of the Si:.ates so far, that the law Griffin, by Chase, C. J., circuit conrt Virginia, 1869, 8 American Law which operates upon one man shall operate eqnally npon all. (Globe, vol. 71, p. 2459.) Register, N. S., 365; Farrar's Manual Constitution, 448; Paschal's An- notated Constitution, 273, 290. · .A.nd he proceeded to sho~ that t~s would not l~ave. the. civil:ri~hts In the case of the United States vs. Rhodes, decided by 1\Ir. Justice law subject to repeal, but mgraft It on the Constitution rn prmmple Swayne, there was an indictment under the civil-rights act of .A.pril and effect. 6, 1866, for burglary, ~!!Kentucky, and the court took jurisdiction on 1\Ir. Finck said of the first section: theground that the statute of Kentucky discriminated against colored If it is necessary to adopt it.~ or?-er t() ~ot;rfernpon Congre~s P The final a~tion of Congress in proposing to the people the four their danger; that anything which threatens its glory and power teenth amendment was June 13, 1866. It was adopted by the· people also threatens them, however humble they may be. When the citi through the State Legislatures. zen feels this, then if the country which cherishes and protects hilll And then the civil-rights law was re-enacted April20, 1871, by many happens to be exposed to dangers from abroad or dangers from home of the members of Congress who had voted to submit the amendment. the very blood in his heart runs lightning at the thought of peril to This contemporaneous construction of the amendment carries more the Constitution and laws which afford him refuge. than persuasive force as to its true meaning: (Paschal's Annotated Why, sir, there is no example in history of any nation sinking into Constitution 277, note 274; McCulloch vB. Maryland, 4 Wheat., 401; decay which still possessed the confidence and affection of its citi United States vB. Rhodes, 7 American Law Register, 233.) zens. And there is no example of continued prosperity on the part But Congress has repeatedly added to the persuasive force of this of any government which lost this confidence. construction- by the "enforcement" act of May 31, 1870, February We are coming back again, sir, to the very fundamental principles 2 , 1R71; and, finally, the Ku-Klux act of April 20, 1871. (Appendix of government. This is the very starting-point of national pros Congressional Globe, March, 1871, p. 70.) perity. If we fail to secure equal protection under the laws, we fail All these acts proceed upon the idea that if a State omits or neglects wholly; and it is the duty of Congress, whatever else it may or may to secure the enforcement of equal rights, that it "denies" the equal not do, whatever else it may pass or fail to pass, that it shall leave protection of the laws within the meaning of the fourteenth amend no doubt in the mind of any human being in the land as to the ques ment. tion whether equal protection of the laws shall be extended to all The Slaughter-house cases (16 Wallace, 81) concede the power to classes of citizens. pass this bill. I know, sir, that our friends on the other side of the House have The means provided in this bill of enforcing the Constitution are spoken of this case as if it were an exceptional one. They tell us fully authorized. that the class of persons that this bill is designed to protect is a The power to secure equal civil rights by "appropriate legislation" peculiar class, and it is not quit~ so easy to apply constitutional pro iB an express power; and Congress, therefore, is the exclusive judge tection to them. They are a different people; they are a different of the proper means to 'employ. This has been settled in McCulloch race; a strong prejudice exists against them; they have lately been VB. Maryland, 4 Wheaton, 420; Priggs t•s. Pennsylvania, 16 Pet-ers, 539.; in a condition of servitude which subjected them to degradation and Ex parte Coupland, 26 Texas, 387; 1 Story Const., 432; Moore vs. llli contempt1 and there are peculiar difficulties in the way of carrying nois, 14 Howard, 20. out constitutional protection in a right line for the benefit of this These ca-ses show, too, that Congress may enforce generally the pro cla-ss of people. Well, sir, what does all this amount to, except that visions of the Constitution. this class of people are peculiarly exposed to hazard; that their rights I will not now discu8s the expediency of this measure. It is always are in special danger 'f expedient to do right. Equality of civil and political rightr::;, of all The very fact that there are peculiar difficulties in the case shows rights which exist nnder law, iB simple justice. that it is one which demands peculiar attention. The very fact of The fourteenth amendment was designed to secure this equality of these difficulties, of these prejudices, of this contempt, shows that rights; and we have no discretion to sa-y that we will not enforce its this is a class of our citizens which specially demands the protection provisions. There is no question of discretion involved except as to of the law. And surely gentlemen do not mean to tell us or to argue the means we m,ay employ. The real question is, whether, knowing that the fact that this class is in peculiar danger, and is peculiarly our duty, we will perform it. The colored man is a citizen of the exposed, is a reason why the protection of the law should not be republic, and his 1i~hts, equally with all others, this Congress must extended to them. respect if the Constitution is to he obeyefl. We must remember that no chain is stronger than its weakest link. Mr. POLAND. I yield the remainder of my time to the gentleman And it is just here-in the case of a despised class, in the case of a cia s from Ohio, [Mr. MONROE.] . that is exposed to so many dangers-it is just here that the justice and Mr. MONROE. Mr. Speaker, I will not attempt to discuss any of the power and the disposition of the Government to protect are tested. It the legal or other of the graver questions which have been under is only in cases of this kind that it can be tested. Why, sir, the rich, discussion by much abler men than myself. I leave these to gentlemen the strong, the powerful can get along well enough under a.lmost any who are better qualified to enlighten the House in regard to them. kind of government. The worst governments have made such meu But I desire to say a word upon a single point; a point which, although comfortable, but it is only a good and strong ~overnment that can pro very familiar, is nevertheless very suggestive and full of instruction tect those classes which specially need protectiOn; those clas e that are when followed to its logicaLconsequence in connection with a subject poor, that are friendless, that have been in servitude and lately emer~ed like this. from it. It is just here that the character of the Government, its flis Now, sir, if any member of this House were a-sked to-day what is position, its power to do right, is fully tested. And if we fail here, the greatest single element of national strength, of national prosper if we cannot protect this cla s, then it may be concluded that we cannot ity, of national permanence and power, I believe·he would unhesi protect any body. This is the point towhich some of our fi:iends appear tatingly answer that the greatest element of strength to every nation not to do justice. I say if we fail to protect the colored race upon this is the universal good-will and confidence of all cla-sses of its citizens. continent we thereby do actually fail to protect anybody. For it is This is fundamental; the granite rock upon which all real national a matter of principle; it is not a question a-s to who the individual is greatness must rest. Every nation that would be strong, every nation that is to be protected or is to fail of it. If we fail to protect the poor that would be permanent, must have the universal good-will and con est, the humblest, the most despised, the blackest man, we fail totally. fluence of an cla es, from the highest to the lowest, from the strong If we sin iu one point, we are guilty of all. The principle falls to the est to the weakest. That kind of confidence the Government must ground, and we know not whose the loss may be; although it may be po se sin the heart of the citizen which grows out of the knowled~e the question to-day whether the colored man's rights sh::tll be pro on his part that there is both the disposition and the ability on tne tected, to-morrow the question may be different. And if we establish part of the Government to protect him; to protect him in his person, the miserable precedent that we must withdraw the regis of protec to protect him in his home, to protect him in his family, and in every tion from over the head of the poorest and blackest man, which of us natural and legal right which he may possess. shall be sure of continuing to enjoy the benefit of that protecting regis And, sir, it is necessary for the Government to pursue such a over his own home T None of us. If we once put into our history course as shall give assurance to every human being in the land-to this wretched precedent of leaving the heads of the poor to he pelted the very humblest, to the poorest, to the most friendless citizen- that by the pitiless storms of persecution and obloquy, we leave our own it will protect him; that it will search him out in his ob'icurity, in homes and our own families exposed to the next attack. his poverty, and in ·his friendle sness, and will hold out over him the [Here the hammer felL] broad shield of the Constitution and the laws. It is nece sary, it is Mr. BRIGHT. Mr. Speaker, I propose to speak to the reason, not to indispensable to national gre::ttness andpower, that this impre sion the prejutlice of this body. I propose candidly to offer some reasons should he made upon the heart of every citizen, so that every citizen why I cannot vote for this bill. may h~:~.ve confideuce that the Government under which he lives will Without further preliminaries, I will state that I believe it is un accomplish this result.. It is indispensable to national permanence constitutional, impolitic, and unneces ary; fraught only wit.h mischief and national existence. to the parties whose interests it is intended to subserve. If the fact How can any country prosper without patriotism, a.nd how can be, :Mr. Speaker, that the bill is unconstitutional, and if that fact can patriotism exist unless this confidence in the Government be fotmd in be demonstrated here, that ought to be the end of the question. And the heart of the citizen 'f I know, sir, that poets describe patriotism I presume Representatives upon both sides of the House, concurring as a glorious Ariel-like creature which floats in the clouds; but you in the conviction or opinion that it is unconstitutional, will concede and I, Mr. Speaker, know, and this House knows, that the real that this bill ought not to pass. They will, I have no doubt, mani patriotllim of this world, the patriotism that will wear, the patriot fest a patriotism that will show that they love the Constitution and ism that is good for anything for national defense, the patriotism their country more than they do any color, race, or previous condition which can give anu take battle and risk life in defense of country, of servitude. Permit me, then, Mr. Speaker, to invite the attention is not the patriotism which lives in the clouds, but the patriotism of this honorable body to a few candid remarks which I propose to whlch stands upon solid g1·ound, dusty though it be. Patriotism, to submit to their consideration. be worth anything, must have its foundation in equa.l protection The friends of the bill ba-se their argument for its support upon the under the law. It must spring out of hearts that cherish confidence fourteenth amendment, and upon the second section of the fourth ar in the Government, which cherish affection for the Government, that ticle of the Constitution of the United States. The fourteenth amend ~eel the· interests of the citizen is the same as the interests of the ment in its first paragraph declares a drutl citizenship of the people Gevernment; that its prosperity is their prosperity; its danger is of the United States: first, a citizenship of the United States; sec- . 1874. CONGRESSIONAL RECORD. · 415 oml by a citizenship of the States. In the sub equent paragraph it Thus, after deliberation anu review, tho Supreme Court at.Thore to proviucs certain prohibitions on the Htates; and. I desire gentlemen the construction given in the Slaughter-house cases. to permit me to give omphasit~ to the langua,.,.e of the Constitution I contend then, Mr. Speaker, that that is an end to the matter. If itself-prohibitions upon th ' tat ::;, uot upon the inilividuals com110s the passage of this bill wonl The constitutions of the State governments have opened the avenues ience may bo lessened by subh prohibition, and who tender the oquiva· to them and lot them in. The Constitution of the Unitell States has lent fixed uy law or custom for public facilities. opened to let them in. All the gat . are wide open to them. Evon the • But if it is found that this denial is made-and I apprehoncl it is 'Vhito Hou~o iR now set as a 1wize before the eye of tho AfT lean. Sir, eusy of demonstration-by corporatious or individuals who exist at th<'y have nJl tho rights of tho boastcil. Romnn citizen, the right of tho will of the State, then there is noeu of additional lop;iHbt.ion to holding slaves exccptecl. Still they clamor hero. enforce tllo spirit of the provisions of tho }'odoral Constitution as W11y, Mr. Speaker, an(l Reprm~enta,tivcl'! upon the other side of the amondeu. House, their civil aml politkal elevation is unpnra.llolnd iu tho hiRtory 1\fon may concede tliat public sentiment, and not law, is tlie canso of nations. No nation of their race before has cmorp;o(l from tl1o of tho discrimination of which we justly compla.in and tho resultant bro"kcn chain :mel yoke of slavery, heeu hahi li ta.tc though iu h ~talf _~f.:\ r~n~:;~ wb11 1 in cnumwn v.ith another olaHs: opprel:l:>Nl, or d()privccl of education or any other right guumut.eo(l labor 1m<1cr tliH:tl>lhhc•R It 1s 1mt jn~:~t to assnme that tbo effort il:l uy tbe ConAtitution a,nd laws/' This docln.ration, comiug from such llHtcl1~ more in tJw intcrcRt of tlte Hepnblic ntHl its}n·ogrCf\, than for an nntl1oritativo source, is some inclication that tbesndtlen convorHiou tho lH.JUofit of tho pcoplo for whot:~o immunity from 'noug tho move at Baltimore in July, 1872, has taken deeper root thau w hall heon mont i sc mil1gly ina ng11ra ted. lc1l to snppo. o from recent events, and.that whon tho solewn plod,ro The Fed rnl Constitution, as amondc S hn~hter-houi'\O cas ha anyrel v:mcyto this bill it is not a appar the State, or who at least depend upon tho State for euucation aml ent to m a it seems to the gentleman who lov s to linger in the sustenance, and for whom he a ks a. istanee from the General Gov lt•gal atmo phere of that bouy wlrile threatening dreadful things to ernment, while deprecating the interference of Fc (1iscuss tho changes m::ulo tho}IlSelvcs. Dy this mctllotl o£ inquiry In r •Yiu\\iug tlw grouml O\·ur whlull I have passed, it will be apparent that llie question in cout:rovcrsy involves that most dMply important of all political ques we may find the reasons for the changes that have ueen dcemcu lle tions, whether ours is a federal or a consolidated Government; a question on tho ccssary, and 1>o the l>ettcr able to judge of the extent to \Vhich they decision of whlch depend, as I solemnly believe, tho lillerty of tho people, their were intended to go. happiness, anu the place wl.liuh we are destined to hold in tile moral ami intellec tual scale of nations. Never was there a controversy in which more important Mr. peaker, our system of government, as prm;enteu anu un From what has been said concerning the delegated and reserved upon there erved rights of the independent soverei~ States; deprived powers and the limitations upon the exercise of the power of the the States of the power to abridge them, and to this extent the States General and State government, it is clear that no uch power tts is have ceased to be the coequa,ls of the General Government; have lo t invoked by this measure could be exercised by Congress while the tho ·e nece sary powers, and the loss of them to the States has lost Constitution with its twelve amendments remained unchanged. And them to the true federal idea of government itself. The effect has it is equa,lly clear that no such power can now be exercised, unless been to infringe upon the federal system. It has gained nothing as the most fundament::Ll principle in our system of government has a federal system; it has lost in its fundamental idea-in the very been o far altered as to allow it. For the federal idea is the rock essence of its self-preserving power. The gain of tho e powers lost nnon which the Consititution itself rests. It is the very life of free by the States has been to the consolidating tendency of the Govern g~vernment. It is that which, above every other principle, demon- ment as distinguished from the federal. For it should be remembered trate the capacity of man for self-government. 'l'o overthrow this that the wisdom, strength and vitality of the federal idea is to main principle is to defeat the ultimate end of our Government; to relapse tain the States in their independent and sovereign prerogatives and into a consolidated despotism, the most cruel and oppressive of all powers; with all local institutions in full force, with unrestricted forms of government. power to regulate all their internaJ and local affairs in their own way. I therefore take it that tho e who framed and succeeded in adopt If these independent communities should be stripped of all these irig the last three amendments to the Constitution did not deliber necessary rights, they would cease to exist as such, and the Federal ately intend to overthrow the great le::tding fundamental principles Government as such would perish with them. The constant tendency of our Government, but to make such ch:m~es in the or~anic law as of all governments is to grow stronger; to invade the sources of would meet the exi~encies produced by the late war. 'l'ne amending power and absorb all rights and. powers reserved to themselves; and power of the Constitution, it should always be remembered, is reme this Government is no exception to the rule. It is ha telling toward dial in its nature and effects ; was never intended to be used as a consolidation. For.ce is rapidly taking the place of that love and at sword to destroy, but as a shield to protect the original Constitution tachment which should constitute the rule in governing a free people. in its true application to the development of our civilization. Hence It is difficult to draw the line of demarkation between the rio-hts of the amendments ought to receive an interpretation harmonizing, it the State,s still left and those of the General Government, including practicable, with the fundamental and pervading principles of the those lately absorbed by the three amendments to the Constitution. entire Constitution. But the question before us requires that it be traced a.s accurately It is unnece sary to trace the causes that led to and provoked the as possible. · If we are in fact under a wholly consolidated govern late war. It is sufficient to say that the insecurity of slave property ment, then the power does exist for the passage of this bill. If, how under the Constitution, and the failure to obtain satisfactory guar::m ever, we have not reached the exa{}t point where the federal system tees for its future protection, was the primary and immediate cause ceases, and the consolidated commences, that point where all sover that hastened the rupture. This was vital to the South, and if de eign and re erved powers of the States disappear, and the solid unity nied or disregarded could not fail to produce the very result that of a centralized government begins, there may still remain debat happened-a resort to those sovereign powers held by the States as able ground. And whether the advancement that the Government coequals, and by which -they became the judges of the extent of the has made by these organic changes toward a national centralized form infraction and of the mode and measure of redress. At the end of has been sufficient to render it more consolidated than federal, I shall this mangnina:ry struggle, the four million of slaves (about whom the not now attempt to determine. But what I want to show is, that al contest was waged) were declared to be free de facto, by-virtue of the though the federal system has been infringed, that it has suffered loss, war measures of the Government, and so continued until.the adoption that this loss has been a loss to liberty itself, that still there remains of the thirteenth amendment, when they became free de fu1·e. The intact much of the old federal system, which rests upon the Const.i object of this amendment was clearly to give freedom to tbe four tution for its security and protection, and which it is our bounden million of slaves, but in its scope will secure the freedom of all people duty to maintain in all its purity and force. For even a part of the. from servitude under our Government. federal system, with a part of the consolidated ingrafted, is far better It sanctified those acts done by force and without law, prior to that than the whole of the consolidated. And in my opinion ·the liberties date, under the pressure of war. This amendment trenched upon tht) of the people of this country depend upon which one of these systems federal system, and invaded to a certain extent the sov~l'eign powers shall be adopted and enforced. and rights of the States. For it not only denied the right to protec It is claimed by the friends of the bill that the authority exists in tion of slave property but denied the right to the property itself, the :first section of the fourteenth amendment for its passao-e, and seized the four millions1 of slave property, worth four billions of which reads as follows : 0 money to the owners, without compensation, and cut off redress either SECTIOX 1. .All persons born or naturalized ill the United States and. subject to by the owners themselves or the States that were pledged under the the jurisdiction thereof, are citizens of the United S;tates and of the State where compact to afford protection. To this extent the sovereign powers in they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State de and rights of the States were invaded and absorbed, and what the prive any person of life, liberty, or property, without due process of law· nor deny States lost the General Government gained. The colored people who to any person. within it.'! jurisdiction the equal protection of the laws. ' were declared free by the amendment were not citizens of the States or General Government; ru;td they could not under our system become T.his section was drawn in question in the late Slaughter-house ca.ses so except by the separate aetion of the States. The States delayed to from Louisiana and received a judicial construction by the Supreme act in tho matter, and this delay provoked the action of the General Court, (16 Wallace,) and a fewextra{}tswill serve to show the extent· Government. The right to clothe persons with citizenship within the to which the amendment was intended to go toward the ta.kino- away States was one of the reserved rights of the States; ithadneverbeen or restoring of State rights. I read from 16 Wallace, page 73 ~ delegated to the Federal Government, and was distinctly recognized To remove this difficulty primarily, and to establish a. clear and comprehensive in the Constitution itself. The fourteenth amendment was an invasion definition of citizenship w1:dch should declare what should constitute citizenship of the United States and also citizenship of a State, the first clause of the first sec of the rights of the States to a very large extent. It wa.s intended tion was framed. to cover a mass of legislation, such as civil-rights measures and recon All persons born or naturalized in tho United States, and subject to the juris struction laws, which were not even claimed to be authorized by the ~~~~~ thereof, are citizens of the Unit&l States and of the State wherein they Constitution, but were openly violations of its letter and spirit, and The fir~t obseryation we have to make on this clause is, that it puts at rest both which were based upon certain undefined war powers that were said tho questions which we stated to ha.ve been the subject of differences of opinion. to be inherent in the self-preserving powers of the Government. It It declares that persons may be citizens of the Uruted States without regard to laid heavytaxe upon the people of the States without representation; their citizenship of a particular State; and it overturns the Dred Scott decision by fixed a public debt on the people of eleven States without consent ~3:king all person~ born within the :Unite~ States and subject to its jurisdiction C!ti.zens of tho Uruted States. That Its ma,m purpose was to establish the citizen. or the power to question it, and decided void all claims for the com ship of the ne~o can admit of no doubt. The phrase "subject to its jurisdiction" pensation of slave property. It stripped the States of many rights wa intended to exclude from its operation children of ministers consuls ancl cit- that were regarded a.s sacred and even necessary to their independ izens or subjects of foreign states born within the United States.' ' ence, and sanctioned, as it was contended, the u e of military force in The next observation is more important, in view of the arguments of counsel in the present case. It is that the distinction between citizonshi" of the United. the place of civil remedies to enforce the laws enacted thereunder. States and a citizenship of a State is clearly recognized and established. Not only After the colored people became free and the rights of citizenship may a man be a citizen of the United States without being a citizen of a State but were enforced, they were still far from the political plane occupied an Important element is necessary to -convert tho former into the latter. He ~ust by the whites. They could not vote. The States had always held reside within tho State to make him a citizen of it, but it is only necess:i.ry that he should be born or naturalized in the United States to be a citizen of the Union. tho exclusive power to confer this great privilege; and it was one of It is quite clear, then. that there is a. citizenship of the United Stat~s and a the noblest prero.~atives that belonged to overeignty. This privilege citizenship of a Stat-e, which are distinct from bacll other~ and whic~h~!-£-end upon was regarded witn so much jealousy and sacredne s that it was be dillerent characteristics or circumstances in the indiviaual. We · this dis· tinction and its explicit recognition in this amendment of great weight in this argn lievecl to be the motive power, the great fly-wheel that balanced and ment, because the next para!!:r:lph of this same section, which is the one :mai.illy _ regulated the machinery of the State governments. It was thought relied on by the plaintiffs in error, speaks only of privileges and immunities of citi to furnish a strong check to power. And, therefore, the States cau zens of the United States, and does not speak of tho e of citizens of the several tiously delayed to act, and this delayinduced the adoption of the fif State . The argument, however1 in favor of the plaintiffs rests wholly on ...he assumption that the citizenship LS the same and the privileges and immunities teenth amendment, which changes the franchise, which was a privi guaranteed by the cl.a.use are the same. lege accorded by the Stat-es, into a right1 and a right that emanates The language is, "No State shall make or enforce any law which shall abridg:e from the General Governmont as well as trom the States. It extends the privileges or immunities of citizens of the United. Sta.tes." It i.s a little remarK not only to the colored people but to all, in its effect, within the juris able. if thiS clause was intended as a protection of the citizen of a. State auainst the l e~slative power of his own State, that the wo..rd citizen of the State ~hould be diction of the Government. len out, when it is so carefully used, and used in contradistinction to citizens of These three amendments have, so far as they have gone., trenched the United States, in the very sentence which precedes it. It is too clear for argu- • 420 CONGRESSIONAL RECORD~ JAim.ARY G, went that the change in phraseology was a~opted umlerstandingly and with a The constitutional provision there alluded to did noti create tho rights which it called privileges and immunities of citizens of the States. It threw arorn{d them p~~~privileges and immunities of the citizen of the United States,· and of the in that clause no security for the citizen of the State in which they were claimed or privileges and immunities of the ci~n of the State, and what they respectively ex:ercised.. Nor did it _Profess to control the power of the State governments over are we will presently consider; but we wish to sta.te here that it is onl,y the fonner the rights of its own Citizens. Its sole purposewas to declare to the several States which1 8.I"e placed by this clause under the protection of the Federal Constitution _that w~~ver tho ': rights as you graD;t ~r establish ~hem to _your own citizens, or 1 as you limit or qualify, or rmpose1 restnctions on the1r exormse, the same, neither and that the latter, whatever they may be1 are not intended to have any a~dition:JJ protection by this paragraph of the amenament. · more nor less, shall be the measure of the rights of citizens of other States within If, then, there is a. difl'erenc.e between the privileges and immunities bolonging to your jurisdiction. · a citizen of the United States as such and tho e oelonging to the citizen of the State as such, the latter must rest for their security and protection where they have And the court, further remarking on those rights and the ultimate heretofore rested; for they are not embraced by this paragraph of the amendm.ent. extent to which this amendment was intended to reach, say: .Al o from the same report, in the ame cases, I read from the dis It would be the vamest show of learning to attempt to prove by citations of au euting opinion of the minority of the court, both the majority and thority that up to the adoption of the recent amendments no claim or pretense was set up that those rights depended on the Federal Government for their exist minority agreeing upon the precise construction of the first section of ence or protection, beyond the very few express limitations which the Federal the fourteenth amendment, as follows: Constitution imposed upon the State -such, for instance, as the prohibition atminst The first section of the fourteenth amendment is alone involved in the eonsider ex postjacto laws, bills of attainder, and laws impairin~ the obligation of con~acts. ation of these cases. No searching analysis is nece sary to eliminate Us meaning. But, with the exception of these and a few other restJ:1ctions, the entire domain of Its language is intelligible and direct. Nothing can be more transparent. Every the privileges and IID.IDunities of citizens of the States, as above defined. lay within word employed has an established ignificatioa There is no room for constrnction. the constitutional and legislative power of the States, and without that of the There is nothing to construe. Elaboration may obscure, but cannot make clearer, ~ederal Gove~ent. Was it the purpose of the fourteenth amendment, by the 0 SIIDple declaration that no State should make or enforce any law whic shall th~. ~~~:~flli!S~~:ej ~ ~hecUni~d S~tes are defined. abridge the privileges and immunities of citizens of the United States to transfer 2. It is declared that no State shall, by law, abridge the privileges or immuni- the security and protection of all the civil ri.,.hts which we have me~tioned from ties of citizens of the United States. · the States to the Federal Government¥ .A.nd' where it is declared that Congre s 3. That no State shall deprive any person, whether a citizen or not, of life, lib shall have the power to enforce that article, was it intended to brinoo within the erty1 or property without due process of law, nor deny any person within its juris- power of Congress the entire domain of civil rights heretofore belonging exclusively diction the eqllill protection of the laws. . to the States., · .A. citizen of a. State is ipso facto a citizen of the United States. No one can be .A.ll this and more must follow. if the proposition of the plaintitfs in error be sound. the former without being also the latter; but the latter, by losing his residence in For not only are these rights subject to the control of ConiTe s whenever in its dis one State without acquiiing it in another, although he continues to be the latter, cretion any of them are supposed to be abridged by State fegislation, but that body ceases, for the time, to be the former. "Theprivile~es and immunities" of a citizen may also pass laws in advance, limiting and restricting the exercise of le!rlslative of the United States include, among other things, the fundamental rights of life, power ~l, !te States in their most ordiriary and usual fUnctions as in its j~dgment liberty, and property, and also the rights which pertain to him by reason of his 1t may · proper on all such subjects. .A.nd still further, such a construction, fol membership of the nation. The citiz.en of a State has the same fundamental rights lowed by the reversal of the judgments of the supreme court of Louisiana. in these as a citizen of the United States, and also certain others, local in their character, cases, w_o~ld .constitute ~scour~~ perpe~al cen. or l;tPOn alll~_&glation of the States arising from his relation to the State, :lJld in addition those which belong to the on the Civilngbts of therr own citizens, Wlth authority to nullify such as it did not citizen of the United States, he being in that relation also. approve as consistent with those rights as they ex:istea at the time of the adoption There may thus be a. double citizen.ohip each having some rights peculiar to of this amendment. The argument, we admit, is not always the mo t oonclusive itself. It is only over- those which belong to the citizen of the United States that which is drawn from the consequences nrged against the adoption of a particular the category here in question throws the shield of its protection. .A.ll those which construction of an instrument. But when as in the case before us these conse belon_~; t{) the citizen of a State, except as to bills of attainder, ex post facto laws and quence are so serious, so far-reaching and pervading, so great a. depa_rlure from the laws rmpairingthe obligation of contract , are left to the guardian hip of the bills structure and spirit of our in titutions-when the effect is to fetter and degrade the of rights, constitutions, and laws of the States respectively. Tho e right may all Sta-te governments by subjecting them to the control of Congress, in the exercise of be en,joyed in every State by the citizens of every other State by virtue of clal.ls.e 2, powers heretofoTe universally conceded to them of the most ordinary and funda ection 4, article 1, of the Constitution of the United States as it was originally mental character-when, in fact, it radically changes the whole theory of the rela framed. This section does not in anywise effect them; such was not its purpose. tions of the Stale and Federal governments to each other and both these govern ments to the _People, the argument has a force that is irr681Stible,1 in the absence of It is clear from the construction placed upon this section by the language which ex:pre e such a purpo e too clearly to admit of doubt. Supreme Court, the entire court agreeing touching the exact point We are convinced that no such results were intended by the Congre s which pro posed these amendments, nor by the Legi latures of the States which ratified under oonsideration, that a second or double citizenship was estab them. lished by the fir t section of the amendment; and that the two citi Havinu shown that the privileges and immunities r elied on in the ar!!UIDent are zenships depended upon different characteristics and looked to differ those whlch belong to citizens of the States as such, and that they"' are left to ent sources for protection. The office of this amendment was not to the State governments for security and protection, and not by this article placed under the pecial care of the Federal Government, we may hold ourselves excused destroy or curtail that citizenship that already existed under the from defining 'the ;rrivileges and immunities of citizens of the United States which exclusive action of the States. Norwa.s it to deprive the States of the .no State can abndge, until some case involving those privileges may ~ake it power to still secure and pretect it in their own wa,y. But the true necessary to do so. intent was to add something new, to enlarge the scope of Fedm;al From those explicit views of the courts it will be seen, that all power, to create a distin • 1874. CONGRESSIONAL RECORD. 421 one condition or the other all those privileges, rights, and immunities in regulating their hotels, places of entertainment and amusement, attach. And it does not matter that the person be colored or of the their public carriers of pa.ssengers and freights, their cemeteries, alms African race; he occupies no higher pla-ce than the white race. houses, asylums, and churches, and their publio schools, or those The powers of the General Government, therefore, can only be endowed for public use Y These subjects are strictly local in their jnvoked and brought to bear to protect the rights; immunities, and character, are within the exclusive jurisdiction of the States, and privileges of that national citizenship that lies within its appropri consti~te a part of those rights that should be held sam'ed and in ate sphere. .And if these are not infringed or violated by the Stat;es, violable under the Constitution. There could not well be concurrent no le!Tislation will be necessary on the part of Congress. This view authority exercised over them. The rule is, when Congress takes . maintains the dignity of om FederaJ. system of Government, \\ithout jurisdiction the States lose it. And if jurisdiction is assumed over doing violence to the am n ranee. This is not true. The whole nation is respon ible. But this house , jails, and penitentiaries will swarm with the most worthless affords no excuse to inflict either disgrace or punishment upon the of the race; aud, ir, it will break up the labor system in such dis pre ent generation. We cannot amend the wrong, if done, by de trict . It is not remunerative now1 and the farming interest in the grading our race now. I woulcl not willingly deny the negro any negro districts is to-day actually disintegrating, because the system legal or political right. I would not oppre s him my elf or willingly of labor is so uncertain. This "\'iill make it more so. The effect will see him oppressed. I want to see him trained, educated, elevated, be felt in a~culture, commerce, and a,ll the industries of the country. and qualified, intellectually and morally, to perform his duties as a And who will prove the-real sufferersf The black ra{}o. For as sure . good citizen. I will go as far toward securing his equal protection in as this state of things shall come to pass, the whites will combine to all political rights before the law as the Constitution will warra.nt. introduce a new and better system of labor by the importation of But I am unwilling to legislate him into our social system on terms of whites, and thus in the end the severe t blow will fall upon the ne quality with the white race. Nothing can be more social in its gro you seek to benefit. eftects than the a~sociation of the two ra{}es at schools and places But, "Mr. Speaker, 1 greatly fear that i:f this measure sho·uld become of entertainment, amusement, and benevolent institutions ; a.nd the a law it will lessen that e timate a.nd confidence that tho count.ry measure will be viewed as nothing short of an insidious attack upon ought to have in the wisdom and integrity of her public men, as well the rules of our social order that now debar the negro. Eight million as weaken that chord of attachment that binds the ruler to the ruled; whites cannot elevate the four million blacks to their standard that it will tend to if :aot destroy that love our people entertain for by stooping in degradation to their level of superstition, vice, and local self-government and home in titutions, which are the very ignorance. All history has proven that such attempts have resulted essence of free government; that it will cause the people to grow in the ruin of the stronger and more refined race. Those who put docile and contented under the overshadowing a.nd destructive en themselves upon terms of social equality with the negro race will croachments of national power; that it will unsettle the fundamental remain on a level with them. and essential ideas of our Federal Government, and show the po i But there is one other consideration of much importance that ought bility if not the fact of a radical change in the sy tern; that Con not to be overlooked. This bill and the amendment fixes severe fines gress would invade the rightful domain of tho States by its enact and penalties, cognizable exclusively in the Federal courts. These ment1 and curtail the lawful aud constitutional powers bf all State courts should, I admit, be co-extensive with the Federal laws; but judi01al tribunals, cannot aiDni.t of doubt; that no subject of State they were intended under the Constitution to be courts of strictly home legislation will be after this considered secure and beyond the limited jurisdiction. The real object of this limited power was to reach of the General Government; that not only State-rights ru; a preserve the local courts of the States in the full and unrestricted "body," heretofore so sacredly g:ounded on the Con titution, would exercise of all those judicial powers with which they are clothed in perish, but State sovereignty will go down with them. The Consti the States ; for the rule is, that when the Federal courts take juris tution itself, with the great fundamental federal idea that has with diction, Federal law being paramount, the State courts lose it. Each stood so many revolutions of faction, public opinion, internal divis tribunal should be confined strictly to subjects within its appropriate ions, party a.nnihilations, and sanguinary struggles, will remain a vio jurisdiction. It is easy to see the dangerous effect of enlarging the lated compad. And what can compensate for all this f Who will ' powers and jurisdiction of these court . By the late acts of Congress, be able to pacify the outraged and indignant millions that will spring since the war-those of 9th April, 1866, March 2, 18U7hJuly 271.1868, to their feet to condemn this fr!1tricida1 act Y Who will offer a suffi May 31, 1870, February 28, 1871, and April 20, 1871- t e jurisdiction cient sacrifice to atone for the wide-spread ruin produced f Depend and powers of these courts have been so widened and enlarged that upon it, if this mea ure becomes a law, it will constitute a distinct they have almost cea ed to be courts of limited powers. It. is now plank in the next national presidential platform, and it will prove a more difficult to enumerate tho e subjects over which they have not millstone that will grind to powder the prospects of ucce s of that got jurisdiction than those that they exercise authority over. At this pa1·ty that carries the responsibility of its enactment. point more than :tny other the federal system of government has been 1th'. PLAT!', of Virginia, obtained thefl.oor, and said : Mr. Speaker, attacked; for if the State tribunals are restrained and limited, and I had intended to spend the twenty minutes allotted to me in dis their powers ab orbed by the Federal courts, just to the extent they cussing the merits of the measure now before the House; but at the are trenched upon does the federal system and t he States themselves request of the gentleman from Florida [Mr. PURMAN] I will, with sustain a lf)SS. This law will introduce a newrule-thatof admitting the permission of the House, yield my time to him. citizens of the same State to litigate in the Federal coru:ts- which Mr. PUR.MAN. Mr. Speaker, .I am profoundly grateful to the gen will destroy, to the extent it goes, that limitation heretofore recog tleman front Virginia for affording me this opportunity to put my elf, nized upon their powers. But the amendmentwill_add the penalties in sentiment and expression, upon record on this question which so and method of enforcing the law found under the act of 9th April, vitally affects our constituents. 1866, that is, inflicting severe penalties by section 2, and by sec It would seem to be a work of superero~ation on the part of mem tions 8 and 9 authorizing the Pre ident to direct special courts to be bers to enter into the debate of this "civil and legal rights bill," held, and to enforce these rights by military power. I will read the judging from the platform of political principles enunciated by both law : parties in their late State and national conventions. SEc. 2. .A:n.y p erson who, under color of any illw, ordinance, r egulation, or CUB· Both parties have declared, in solemn as everation, their adhe ion t :.td:vance in these strides of prorrress toward justice and a better ure must enter, if our opponents prefer to withdraw from the com statesmanship, and other similar State conventions followed in the mon field of justice and constitutional law. new wake, until the lOth day of July, 1872, the democratic party, in Bnt justice is the light from divine truth, more or less clear ac nationnJ convention assembled in the city of Baltimore, solemnly pro cording to the understanding of the mind and the willingness of the mulgated the following new articles of political faith, namely: - conscience to be in unison with it, while State sovereignty is an ancient political speculation, exploded under the tread of modern We the democratic electors of the United States;, in convention assembled, do prese~t the following principles, already adopted at Cincinnati, as essential to just events and the advent of the nation's dispensation. government: The one is God's free landscape of nature for human philosophy to 1st. We recognize tho equali~ of all men before the law, and hold that it is the develop and produce fruit upon, while the other is the shattered duty of Government in its dealings with the people to mete out equal and exact fortification of a human theory, but no longer affording invincible justice to all, of whatever nativity, race, color, or persuasion, religious or political. protection to its few honest vetera,ns. IS NOT WILL~G TO DOUBT THEIR SIXCERITY ~ FACE OF TIIESE Justice consists in doing no injury to men, or, in the copious lan RECE..."'\T ASSEVERATIONS. guage of the great expounder of the Constitution, Daniel Webster Ju tice is the great interest of man on earth. Would it not be U1ll'easonable for any honest mn,n, in view of the It is the ligament which holds civilized beings and chilized nations together. foregoing promulgations, to doubt that tp.e de~ocratic Representative::; Wherever her temple stands, and as long as it IS duly honored, there is a. founda in this House, who were elected upon this Baltimore platform, are only tion for social security, general happiness, and the improvement and progress of awaiting with eagerness the first opportunity to make good their our rn.ce. And whoever 1abors on this edifice with usefulness and distinction, who ever clears its foundations, strengthens its pillars, adorns its entablature , or con pledges t? the country¥ I do no~ dou~t them; neither will I say on tributes to raise its august dome still higher m the skies, connects himself in n:une, this occaswn, "Wherefore, by therr fruits ye shall know them." in fame, and character with that which is and must be as durable as the framo of To the republican party, which now has such a large majority in human society. both Houses 'of this Congress, our constit~ents confidently look for F~J)A.'\IEXTAL CIIA..~GES :rn THE COXSTITUTIO~ SIXCE THE W A.R. this la-st si!!Ilal act which will clothe them in such complete panoply of citizenshlp that their fruition of all legal rights and privileges Since the eventful civil wa.r through which the country passed, appertaining to all other citizens of the Republic will never more be 9,:reat . anC!- fundamental additio~ have been made to the national questioned. ConStitution, known as the thirteenth, fourteenth, and :fifteenth This act is essentially and speedily called for, as it is apparent to amendments, and which were necessary as foundations upon which every thinking man that a semi-class of citizens, without certainty to re-establish society and civil and political governments in the dis- in the present or security for the future, aro ever an element of weak rupted section. · ness and demoralizatiop in the country. The greatest epoch in our history as a nation brought forth these n,mendments, which I hope will be the onlylastingmonuments of our FRO:\! TIIE POWER OF JUSTICE DELIVERA...~CE 1\ITIST COME. fratricidal war. But not from these considerations of mere policy is this last and In the light of these new amendments we must look for the wand crowning meed to be born. No! Justice, that voice of God, which to touch this vital question, whether or not the State has the right to spoke emancipation out of the thunders and lightnings of war, and array itself in legal hostilj.ty or discrimination against :my class of decreed through the enlightened sentiment of this Government that its citizens. next step of civil and political enfranchisement, is still potent in Section 1 of the fourteenth amendment is as follows : tones, and will not cease its appeal to the wisdom and conscience of All persons born or naturalized in the United States, and subject to the jurisdic the country until all the blessings emanating from the Constitution tion thereof, are citizens of the United States ~d of the State wherein they residt1. No State shall make or enforce any law which shall abridge the privileges or im and laws shall fall as equally and impartially upon all citizens as does munities of citizens of the United States; nor shall any State deprive any person the sunlight of heaven. of life, liberty, or property without due process of bw; nor deny to any person When the republican party in Philadelphia, on June 6, .1872, in within its jurisdiction the equal protection of th~ laws. national convention assembled, declared the following as a portion of I also quote the following extracts from a recent decision of tho its platform of principles it was no new article of f:rith, expressed in Supremo Court of the United States in the Louisiana Slaughter-hoUBe new language, but one of its most vital principles of civil liberty and case: just government: It is quite clear, then, that there is a. citizenship of the United States, and a citi 3. Complete liberty and ex:. - 424 CONGRESSIONAL RECORD. JANUARY 6, An ~ct to prohibit all foreign-born citizens and their descendants the employer shall then have power, if authorized by a justice of the p eace, to from being buried in any public cemetery. work such vagrant with ball and chain. The said statute specifies the persons who shall be considered vagrants and liable An act to exclude all children not clothed in velvet and such as to the penalties imposed by it. have blue eyes from admission into any public school supported by Among tho e declared to be vagrants are all persons who not having the where public taxation. with to support their familie , live iilly and without employment, and refnse to An act to exclude all persons known as the "colored race" from work for the usual and common wages gi>en to other laborers in the like work in the pla~e where they ar . public inns, cemeteries, and common schools supported by public In many counties of this State meetings of em_Ployers have been held and unjnst taxation, and from equal accommodations with other persons, on all and.wrongfnl combinations h ave been entered mto for the purpo e of dPpr essing public stage-coaches, steamboats, and r ailroads. the wa~ e s of the freedmen below the r eal value of their bbor, far below fue prices formerly paid to masters for labor performed by their slaves. RESPONSE TO SUCH P RETENDED LA.WS. By reason of these combinations wa.,.es utterly inadequa.te to tbe support of themselves and families have in ·many p~ces become the rumal and common wagos Against the first five of these supposed laws the spirit and condem of the freedmen. nation of the whole country would cry aloud. The effect of the statute in question will be, therefore, to compel the freedmen, lmder penalty of punishment as criminals, to accept and labor for the wages estab The executive authorities of the other States would kindly call the lished by these combina-tion of employers. attention of such State-rights legislature to section 2, article 4, of It places them wholly in the 11ower of their employers, and it is e..'lSy to fore ee that, even where no such. combmation now exists, the temptation to form them the Constitution of the Uruted States: offered by the statute will be too strong to be resisted, and that such inadequate The citizens of eaoh State shall be entitled to all the p1ivileges and immunities wa.""es will become the common and u.'llial wag throughout the State. of citizens in the several St.'ltes. The ultimate effect of the statute will be to reduce the freedmen to a condition of Does the colored citizen of Massachusetts, sojourning in most of servitude worse than that from which they have been emancipat-ed-a condition which will be slavery in all but its name. the Southern States, either for business or pleasure, receive or enjoy It is therefore ordered that no ma!ristrate, civil officer, or other person shall in all the privileges and immunities of "citizens in the (thos13) several any way or manner apply, or attempt to apply, the provisions of said 1 tatute to any States!" · colored tterson in this department. The religions pre and sentiment of the country would thunder By command of Major General A. II. TERRY: E. W. SMITII, their anathemas against this legislature, until the very stars would Assistant Adjutant-General. join the throng and fla h out their fiery indignation at such intolera ble outrarre upon our religions freedom, and petitions, numerous as ~JUSTICE OF GEORGIA.. the au~n leaves, would come into this Capitol from the Christian When Georgia. grudgingly permitted. this cia of citizens to be churches, praying Congress to perform its duty under section 4, arti competent witnes es in court only in cases where persons of color cle 4 of the Constitution, by guaranteeing to such State, for the ben were a party or the offense charged was agaiJ:v;t the per on or prop efit ~f the minority of its wronged citizens~ a republican form and erty of a person of color; and when her statutes declared that all administration of government. persons wandering or strolling about in idlene s, who weTe able to • And the outrage against humanity, in exc~uding the ~ocent work, and who had no property to support them; all persons having children of the poor, and such as were born With blue eyes Without a fixed abode, who had no visible property to .support them, should. any volition of their own, from the blessed benefits of an education, be deemed and considered vagrant , and upon conviction should be what punishment fl'Om Heaven would not the prayers of all good fined and imprisoned, or be bound out to orne per on for a time not :people invoke upon the heads of the heartless authors Y These are longer than one year ; the weakest and dearest of the human family- the little children ~JUSTICE OF MISSISSIPPI. " but stronO'0 in their very weakne sand from the irrepre sible sym pathies of good men which, by divine compensation come to succor When Mississippi pa ed laws that semi-annnal!ly the sheriffi , the weak." justices of the peace, and all other civil officers of the country houltl And against the ixth act, which is not supposed now for illustra report to probate courts all colored -persons under eighteen year of tion, but is virtually in existence in most of the States of the Union, age who e parents had not the means or refused to provide or up especially in the outhern State , with a modification of that portion port them, to the end that nch persons might be apprentice l, pr fer relating to the public school , and ~hich is the ho.stile ~reten.ded l~g ence being given to the former owner of such per on, and power be islation that the passage of the bill under consideration will Wipe ing granted to inflict corporeal cha tisement; and if any colored per out, freedom, justice, citizenship, and the Constitution stand forever son failed to pay his "freedmen's pauper-fund tu.x" it should be arra,yed. For what is Freedom but the unfettered use pl'ima facie evidence of varrrancy and be subject to such penalty; Of all the powers which God for use has given. and that colored persons should have a home or employment by the second Monday of each January, and if living in city or country to CENTRAL POWER OF NA.TIO~A.L GOVERl\~~ OVER ERR:rnG STATES. have a license from the mayor or member of the board of police of It is singular that in this enlightened age of the world; and especially his beat, authorizinrr him to do job-work; and if leaving his place nuder the influence of our boasted civil and political liberties, that of employment sho-;ad be arrested and carried back to his employer, citizens of the United States because of their nativity, and at the the captor being entitled to five dollars and ten cents per mile from same time citizens of their respective States because of their life-long place of arrest to place of ·delivery; and no colored person was residence therein, should be subjected to such intolerance and injus allowed to rent or lease any lH.nds or tenements except in incorpo tice as to call for and need the protecting arm of the national Gov rated towns or cities, in which places the corporate authoritie should ernment. And this is the saving feature in our beautiful system of control the same; government, that while States may err in prejudice or passion, the INJUSTICE OF FLORIDA.. national Government will rectify and save through the exercise of a When Florida passed laws that no colorad man should own or pos parental love and power. That while our States, like planets in the se s any gun or weapon of any kind; that his children should not be solar system, are revolving with a centrifugal force and deriving the educated except by a licensed teacher, such license costing five dol benefits from the laws of their being, they are majestically kept in lars; when vending their little products to carry a certificate from their spheres by the centripetal force of the centrallnminary or gov some respectable per on, certifying that such products were their ernment from which spring that sunshine, warmth, and fructification own and had not been stolen- which alor:.e make us a nation. - When such laws as the e, and many more of equal and worse hard EXERCISE OF PROTECTIO~ OVER TillS CLASS OF OPPRESSED CITIZE~S ship, were enacted by Southern States against this cla s of citizens, BY NA.TIO~A.L GOVER1\AIE1\TT. the power of the national Government went forth and leveled the false and nn,just fabric of these States to the feet of the oppressed, The national Government exercised its parental power for the pro and then called upon all citizens to rear a new civil and political tection of this class of oppressed citizens before to-day, and when the structure, in which all the inhabitants should be equal in the bless Legisla.ture of Virginia passed and attempted to enforce its flagitious ings as well as. the duties of government. vagrant act, the representative of this Government, General Terry, stopped its enforcement by the following historical orders : THIS BILL L"UPOSE NO HARDSHIPS UPON All,ry OTHER RACE {)R CLASS [General Orders, No.4.] OF CITIZE YS. HEADQUARTERS DEPARTME~i'T OF Vmon.u, This \)ill before the House imposes no hardships upon any cla s of Richmond, J an'I.ULry 24, 1866. people, or upon any interest or section. It asks only the removal of By a. statute pa sed at the yre ent session of the Legislature of Vrrginia1 entitled unlawful and unjust hardships with the same right that any free "A bill providing for the purushment of vagrants," it is ena~ ted, among other things, that any justice of the peace, upon the complaint of any one of certain officers citizen may ask for the abatement of a nuisance, that the free air and therein named, may is ue his warrant for the apprehension of any person alle~ed sunshine of himself and family may not be poisoned ; that ::my legal to be a vagrant, and cause such person to be ap:j?rehended and brought before him; owne:~; may ask for the restoration of his property from the hands of and that if upon due examination said justice of the peace shall find that such per the purloiner. sou is a vagrant within the definition of vagrancy contained in said statute, he shall issue liis warrant directing such person to be employed for a. term not exceed These hardships are as various as the incidents of every-day life, ing three months, and by any constable of the county wherein the proceedings are and I cannot better portray them than by quoting a portion of the ha J 426 CONGRESSIONAL RECORD. JANUARY 6, Under the b ws and institutions of our counb:y, a colored man elected Under such influences it wa.s impossible for them to improve either to this House has the same rights here that are accorded to any of us, in material pmsperity or in mental attainments. · and as a natural corollary he should have the same rights e>erywhere But through the workings of an all-wise Providence and tho in our broa~ land. disintere ted patriotism and humanity of the republican party, their He is given equal privileges in Congre now. Instead of being chains have been broken, slavery forever destroyed, the prerogatives represented by proxy as three-fifths of a man, he .no:v repre euts. iu of the master have di olved, and the rights of the servant crystal his own person a whole man, and has an equaJ. vo1ce rn the selection lized in the crucible of civil war. .All the responsibilities of American of his representative. Being equal here, why not everywhere, as the citizenship now devolve upon them, responsibilities which commenccu days of his inequality have passed away f In the highe t legishttive with that citizenship; the responsibilitytolaborandprovide for them branches of the nation he is recognized as having equal rights, and selves and their families, to clothe the body with raiment, and the so recognized by the democrats; but according to the theory of the mind with knowledge, and the heart with morality; the responsi democratic party, when you come to the chmch, or the hotel, or the bility of ·contributing their share to support their count:¥ in its ·trug railroad, or the school-house, or the jury-box, then there is and should gle for national supremacy, or, if needs be, of defen~~ its honor be no practical recognition of his equality. By a consistent course of a~ainst any foe. Can this be done cheerfully or success!Ully bythem Teasoning, those who oppose this bill would, I suppose, be in favor of w.llen they are made io feel in every walk of life and in every part of giving the colored member a seat in some obscure corner in the cloak our country that the laws and customs and the habits and thoughts I'oom of this House; and would, like my colleague, [Ur. HARRIS,] of the people with whom they live place the stamp of inferiority upon address his remarks only to the white member . ancl, yielding tO the them; when, from their entrance into life to their departure to another white1gentleman from Massachusetts [Mr. HOAR] for a question, world when the grave clo es over them; whether in the school, in the would decline to yield to the colored man from South Carolina, [1\fr. church, in the place of public amusement seeking recreation or in the RANSIER.] Upreasonable, apparently, as his course seemed, yet his grave-yard taking their final rest, a moral mark of degradation follows actions accorded with his enunciations ; for both expre ed opposition them wherever they gof No! The Constitution and laws.of our coun to the rights of the colored race, and were to that extent much more trysay no! The spirit of our institutions say no! And thevoiceofour consistent than the course of some of the opposition members, who, common humanity and the teachings of Christianity say no! That it with protestations of love and friendship for the colored race, never is unfair unmanly, and unchristian to compel these people, who have lose the opportunity of giving him a blow in his struggle for his so long iabored under the yoke who by their past lack of advan rir:rhts. tages are so little able to combat successfully in the great struggle of This position is most forcibly illustrated by the course of the demo life, to bear the full responsibilities of American citizenship and deny cratic Legislature of Virginia, which on yesterday adopted resolutions them tho e equal civil ricrhts which would enable them to meet tho e professing to cherish no ''captious hostility to the present a~uis responsibilities succes~ly, which would give them that moral elan, tration of the Federal Govemment," while it is a well-known fact that inward feeling of the heart which is so sustaining and encour th.a·t the very members of the Legislature who adopted this resolu aging, that feeling that they enjoy these great privile~es .as of right, tion were elected to their seats, just two months ago, because of their that self-consciousness of equality before the law, which is as nece - bitter hostility to the republican party and the "present administra sary for a successful contest after intellectual improvement as food tion of the Federal Government." and exercise are in the struggle for physical development. The second resolution says- The democratic party has persistently and brutally oppo ed every That this General As embly recognize the fourteenth amendmrnt to the Consti· measure tending to ameliorate and advance the condition of the col tntion of the United States as a. part of that instrument, and de ire in ~oo l faith ored man, and he can only rely in the future, as in the pa t, upon the to abide by its provisions as expounded by the Supreme Court of the United republican party to recognize his claims to justice. The democratic States. party in Congress, and in every State Legislature, oppo ed the adop And the fourth resolution very inconsistently ays- tion of the thirteenth, fourteenth, and :fifteenth.amendment to tho That the bill now before Congress known as the ci vil·ri~hts bill is in violation Constitution of the United States. They have oppo ed the execution of this amendment a.s interpreted by the Supreme Court of the United State , is an infringement on the con.st.i.tntiona.l and legi:slati.ve powers of th tates, is sectional of every law which tended towaid ca.rryino- tho e amendments into in its operation, and :bJ.jurious alike to the white and colored population of the effect. They denied as Ion~ as they could the right ofthecoloredman Southern States, a.nd that its enforced application in the e States 'Will provo de. t,o testify in our courts, ana. prevented him from voting at the poDs. strnctive of their systems of education, arrest the enlightenment of the colored But now he testifies and votes, except in places where fraud, :mel in popnla.ti.on, in who e improvement tho people of Virginia feel a lively interest; pro duce continual irritation between tho races, counteract the pacification and uevel· timidation and violence deprive him of his rights. We all know that opment now happily progressing, Tepel immigration, greatly augment emigration, hundreds of men have been murdered in the Southern State beca-u c reopen wounds now a.lmo t healed, engender new political ::t{lperitie.s·, and paralyze they dared to exercise their rights against the wishes of the democ the power a.nd infiuenoo of tho State government for duly controlling and pJ.·otect racy. ing domestic interests and preserving mternal harmony. But while they now by law enjoy the privilege of to tifying ami. In regard to these resolutions I have .only to say that it looks very voting, yet they are still denied many rights to which they are enti much as if the democratic Legislature of Virginia was willing to rec tled-to serve upon a jury, to have conveniences in trav ling aud ognize the fourteenth amendment to the Constitution of the United at the hotel , and to end therr children to school. In Virginia the o States if Congress would only prevent it from being carried into rights are not denied by force, but by adver e legislation. Our State execution; and they desil'e the whole question of' the ri~hts of the constitution provides that eveTy voter shall be eligible as a juror; yet citizens of the United States to be left to the control ana. exclusive a democratic Legislature has for four years so perverted the spirit of jurisdiction of i.he several State Legislatures, so that those Legislatures that constitution that the colored man has been practically excluded might practically defeat the benefits to be derived from it, by adverse from the jury-box. Our State constitution also provides for the educa legislation or by non-legislation. Their recognition of the fourteenth tion of all the children in the old Commonwealth, and yet a do.m.ocrn. tic amendment is not friendly. It is the recognition which the hostile Legislature has practically excluded them from this privilege. One foe gives to the enemy it dare not cope with openly. They seek to of the leading citizens of Virginia, who is a member of the General damn it with faint praise. Assembly, and who will probablyrepre ent the State for the next six The General Assembly of Virginia starts out with tho proposition years as one of her Senators in the United States Senate, said, in a that the civil-rights bill under consideration is in violation of the speech in Richmond in lt!69, when we were discussing the adoption fourteenth amendment, which they profess to recognize. I deny that. of our present State constitution, that although the conservative It simply carries into practical execution the provisions of that party hated the constitution in all its feature , they had better vote amendment; and those who are friendly to the fourteenth amend for it rather than oppose it, and thereby secure th_e election of demo ment must of necessity be in favor of the civil-rights bill, as the one crats to the General Assembly; "For," said he, "I do not care what is but the natural, logical, and legal sequence of the other. Its consti the constitution of the State is, if the people will only give the con tutionality is so obvious that I need not say anything more upon that servative party the control of the Legislature." By adverse legislation point. After declarin~ the civil-rights bill unconstitutional the Gen he propo ed to defeat every obnoxious feature of that instrument. eral Assembly of Virgrnia follow it up with a threat that if passed It might recognize the right of the colored man to serve upon the they will destroy the school system of Virginia and continue the jury; it might provide for the education of his children; he did not political prosecutions and social ostracisms which have been so bit care what it was; because with a democratic or conservative legis terly waged aO'ainst all who have hitherto dared to advocate the lature they could and would defeat every measure calculated to rights of the c tration, and say they will recognize the thirteenth, fourteenth, and ship, to ourselves. Suffer not the fleeting and unworthy infiuences of illteenth amendments to the Constitution-threats are openly made caste to outweigh our love for human rights, the immunities of the that if the Congress of the United States dare to pass the civil citizen, and the demands of the nation ; but in view of the sufferings rights bill now under consideration they will close evory public and hn.mi.l.llitions of the past, let us rise to the true charact~r of our school in the State of Virginia, and a mild reflex of this threat was position, and give to this long-suffering people full equality. witnessed in this House yesterday in the speech of my colleague. Mr. BUCKNER. I will yield for a few moments to my friend from And this same General Assembly has instructed its Senators and Virginia, [Mr. WmTEHEAD.] rcq_uested me, as one of its Representatives, to carry out those resolu Mr. WHITEHEAD. l~Ir. Speaker, I desired and intended to speak tions; but I spurn uch a request, because it is against the wishes of on this bill, but am now satisfied that I will not have an opportunity a vast majority of the people of my district, and a~ainst the dictates to do so. However, inasmuch as the gentleman from Virginia [Mr. of my own conscience. I have no hesitation in s:1ymg that the legal, STOWELL] who has just taken his sen,t has attacked the Legislat-ure political, and intellectual existence of the colored man. is. seriously and governor of that State, on account of the joint resolution which threatened in Virginia, and that some immediate legislation by Con has been submitted to Congress, I a.sk to have read by the Clerk, in gress is absolutely needed to rescue ·the poor, helpless, and unedu reply, what I have marked of an editorial on public schools, pub cated coloreO.•man of Virginia from gradual, insidious political extin lished in the Richmond State Journal, the organ of the republican guishment. Their personal rights and their rights in property are party of Virginia. It is edited by two northern gentlemen, who are at the mercy of their political enemies-not political opponents who both educated and able, and is, i"r\.my opinion, the ablest republican imply differ in opinion and allow tho same freedom that they claim journal south of the Potomac. The extract deserves attention. for themselves-but political enemies, who believe in their political The Clerk read as follows : will annihilation, and not scruple to use every means in thei!-" power The public schools of Richmond are n.mong tho best to be found anywhere, and to tighten the screws and force them to an abandonment of their the time is soon coming when, if not tn.mpered with by the meddling 'interference honest opinions. of outside legislation, they will be sought in preference to any otlier for the in Every-colored man suing for his wages brings his caso before a struction of our youth of all classes, ranks, and conditions. We can imagine how their usefulness would be entirely destroyed, and the money now expended upon them jury who a.re prejudiced a~ainst him because of his color. Every be worse than thrown away, by legislating them into practical machlnes for the colored man tried as a crimmal appe::u-s before a jury who are inclined use of demagogues a thousand miles beyond our own borders. Here is the danger to believe him guilty because of his race, and in both cases the fear to the whole system of popnla.r education in the South, and the sooner our members of an adverse judgment may be held over him to force him to vote of Congress learn to attend to t.heir legitimate duties under the Constitution, and let the domestic matters of t.h.e States alone, the sooner will the South and the whole with th:1t party which has been his constant and implacable foe. country come up to the standard of educational advancement desrred of them. Snob cases are by no means rare and their influence upon a poor The people of Virginia have made no distinction in the quality and quantity o.f friendle s man recently a slave, and coming from the former master, education imparted to the white children of the State over its colored child.i-en. can be readily imagined. The moral courage displayed by the colored And especially is this true of O"Ir city schools under the superintendence of Mr. Binford. We think that, if the visiting committee showed any preference in their man unde:r: these persecutions has been wonderful. They have lived attention to the schools yesterday, it was manifested in those of the colored chil in the constant faith that the republican party would give them exact dren, where their stay was relatl.vely longer, and greater commendation was be- justice and enable them to mnke a fair trial, free from_persecutions, stowed. _ to become educated and pros-perous citizens of our country. The colored poo:ple of this city onght to petition Me srs. Smn."'lm and TIUTLER, of Massachusetts, to keep theirmeudling hands offthepnblic-schoolsystem under which This bill wUI enable them to make that trial. It takes away no -so many thousands of the brighter-faced children of their race aro now being gratui right from any white citizen; it does no injury to any one; it docs tously educated. If they do not do this, but encourage such nuconsti tutionalmterfer violence to no one's conscience, and it displaces no one in his position ence as is now sought, they will wake up one of the. e moTnings to find the doors before his follow-men. It simply gives an undeniable right to a citi of every public-school house in the State barred to all educational advantages for zen of the United States who is fully entitled to it. their own ancl whito children alike. The great objection made to this bill by its opponents is that it estab Mr. WHITEHEAD. That, :Mr. Speaker, is the opinion of the repub li he social equality. But they make the mistake, which has been liclhll party of the State of Virginia. macle for generations, of confounding what belongs to society with Mr. BUCKNER. Mr. Speaker, it is a palpable misnomer to desig what belongs to personal rights. nate the bill under consideration as " a bill to protect all persons in There is no question of social equality in this bill. Gentlemen may their civil and legal rights." It is a sham- a transparent deception- choo e their personal as ociates as they please; they may be white or o to characterize it. A more appropriate title would be, "A bill to black, or between the two; that is their choice, and no one proposes create social equality in the late slave-holding States, to consolidate to interfere with it. This bill does not interfere with it, and I have the two races in hostility to each other, and to destroy the public yet to see the colorecl man who asks for it or desires it. They simply schools." Whatever may be the apparent and ostensible purpose of ask for equality under the law; that when any institution or privi the advocates of this legislation, its real objects cannot be mistaken. lege is created or regulated by law, it shall be free equally to all, It professes to apply to all persons, native and foreign, European without regard to race or color. • and Asia.tic, black and white; but this thin dis!ruise- is thrown off The hotel is a legal institution, originally established by common when it forbids any distinction to be made a-s to a~ on or. accom law and still subject to statutory regulations; raihoads are legal in modation in public inns, pla-ces of public amusement, in public car stitutions, chartered and ve ted with all their rights by legislative riages of pa ·sengers, or in public schools, "of any citizen of the United nn,ctments; schools are legal institutions, e~tn,blished and maintained States, because of race, color, or previous condition of servitude." It by bw; the jury is a legal institution, e.:risting here since the founda is no part of the object of the provisions of this bill to protect all per- tion of our Government, and is regarded as the palladium of our per onsin their rights, whether civil or social. It has exclusive applicar onalliberties; and what! now insist on, and what this bill provides, tion to the colored race, as if that race alone required the protecting i that all these legal institutions shall be for the benefit of all alike. arm of the national Government to shield it from injustice and wrong. Yon say the colored man has prejudices. If yon wish to obliterate There are "persons," and not a few of them, in the United States who them, yon can do o by kinclness and generosity and an exhibition of a are not citizens of the United States, and whose rights are not pro purpo e to render justice. He is susceptible to kindness. He remem tected by this bill of sham pretensions. There are not only large bers that his labor raised you and your ancestors with all the sur numbers of such persons now here, but they are :flocking and crowd roundings of affiuence, education, andrefinement, while povcrty,igno ing to our shores by every steamer that enters our ports. The foreign mnce,andneglectwerehislot. Hefeelsthatthe sweatof hisbrowwas born population of the State represented in part on this :floor by the coined into dollars which kept yon in luxury, while a scantypittanoe distinguished O'entleman [1\Ir. BuTLER] who has charge of this bill was doled out to him in his little hut; and he has an instinctive feeling amounted in 18'10 to three hundred and :fifty-three thousand- nearly that as his muscle was the productive source of income, a fair propor one-fourth of the entire population. tion was not devoted to his comfort and improvement; and he has a In Wisconsin and in Minnesota they constitute considerably more further feeling that your denial of equal civil rights at present is not than one-half of the population, and in my own State they number only a. denial to recognize and compensate him for his services in the two :j::J.nndred and twenty thousand out of the million and three-quar past, but is also an indication that yon desire to continue the policy t ers. What proportion of the large mass of foreign-born population ' of the past, so far as its practical benefits are concerned, into the within the jurisdiction of the United States is unnaturalized, or havinO' future. taken the initiatory steps of citizenship have not become full-fledged If you desire to conquer the prejudices of tho past, or better still, citizens of the United States, I shall not stop to inquire. Whatever their if you wish to make some compensation for old benefits, yon can do numbers, or wherever they are, they are not protected in their rights by it best by securing bright prospects for his future. If you wish to this bill. State laws may guarantee to them the right of suffrage, or the restore harmony in fooling and unite in efforts to build up tho mate right to hold property, and to transmit it by will or devise, or even to rial prosperity of th~ South, you can do it best by the gentler infiu hold office; but the regis of American citizenship is denied to them by encos of confidence and justice. His friendship cannot be secured by the negro amendments to the Constitution, as well as by all the legis keeping alive unpleasant memories and by continued indignities con lation of.Congress to enforce those alllendments. Why this discrimi stantly remind him of his former degradation. But remove all trace nation against race Y Why should the legislation of Congress brand of his past trials and associations, and then feelings will spring up to withinferioritytheindustrions,frngal,analaw-abid.ingGerman,orthe remove all doubts and brighten his future. Let us rise to a just sense impulsive and quick-witted hishman, after he has declared his inten of our duty and responsibility, achieve a victory over our prejnilices tion to cast his lot with our people, and has abjured his allegiance to and resentments, give up all hope of obtaining undue and unlawful his native land Y Is it because the negro has demonstrated his superior advanta,ges for th futuro, riso to the dignity and honor of our pro capacity for self-government; or that he is more loyal to the institu feBsions, forget ourselves, sink our differences in the respect we bear tions of the country and bettor fitted to discharge the high duties of our fellow-boings, wl;w j:j,ro equal in all the oloments of tl"Ue citizen- American citizenship Let tho condition of South Carolina and 428 CONGRESSIONAL RECORD . . J.Al\TUARY 6, Louisiana answer for the colored man; and let Wisconsin and Minne ti.on, all separations of the sexes in schools, churches, or elsewhere, sota answer for the foreigner-natm'alized and unnaturalized. either by law or the regulations of society, in the North as well as But what rights of the sons of .Africa are now unprotected, or in the South, are violations of it, as the citizen has no sex. It is not need enforcement f Iu which of the late slave States, or elsewhere, only a strained, latitudinous, and unreasonable construction of the are they not equal before the law with the white manY What State fourteenth amendment, upon which to base the provisions of this i enforcin~ any law which "abridges their privileges and immuni bill, but it is wholly impracticable, and in many of its provisions im ties" as citiZens of the U nit.ed States, or is denying to them the "equal possible of execution and enforcement. It is such an interference protection of the laws Y" Emancipated from servitude by the thir with the rights of private property and the rules and regulations of teenth amendment, elevated to the rights of full citizenship, and to society that no free people would tolerate such mischievous inter the equal protection of law by the fourteenth amendment, and made meddling. No parallel or counterpart of such legislation can be found a voter and a sovereign by the fifteenth amendment, and these amend outside of the most despotic governments and of the most absolute ments enforced by sundry acts of Congress, he is to-day in the fnll tyranny. and complete enjoyment of every civil right poss ed by his late But, Mr. Speaker, I take higher ground on this question. I do not rna ter. There is no office in the gift of tlie nation that he may not base my objections to this bill on its inexpediency or its impolicy fill. He can vote and be voted for. He can buy, sell lea e, convey, merely. That were enough; but there are graver objections to it than and devise all descriptions of property. He can go where he listeth, these. They go to the power of Congre s to enact it. I maintain and come when he pleases. He can drink at the fountains of knowl- that Congre s has no constitutional authority to take juri diction . edge without money and without price. Schools are provided for his over this subject, and thus oust the jurisdiction of the several State . children at the public expense, and he can worship his Maker after It will not be claimed that prior to the adoption of the three negro the dictates of his own conscience. lle can marry, and be divorced amendments, (thirteenth, fourteenth! and fifteenth,) the Federal Gov as other people. He can idle or work, sleep or feed, play the monkev ernment ever exercised any legislative authority or control over the or the man, as his inclinations direct. He can sicken and die, and question of civil rights. With the exception of the restrictions im be buried at the public expense. If thi be not the l:u:gest liberty, posed by the Constitution upon the States, such as the prohibition what is it f If he is not the equal of any other man before the law, against ex poRt facto laws, laws impairing the obligation of con in what do~s his inequality consist f If there are any other "immu tracts, and a few others, the whole domain of the individual rights of nities or privileges" of American citizenship that this pet of Massa the citizen depended upon the several Sate governm.Emts fortheh exist chusetts does not enjoy in all their abundant fullness, let them be ence, protection, and enforcement. It was to establish and secure enumerated. And yet it is to be infeiTed from the provisions of this these civil rights, including the right to acquire and pos e s prop bill that there ar~ certain civil rights to which the negro is entitled erty and to seek happiness and personal safety, that the State gov which some or all of the States have abridged, or which they have ernments were erected; and the Federal Government never a sumed failed to enforce. H would seem that there are "public inns" where any authority or jurisdiction over them. Has the central Govern he ca.nn.ot obtain bed or board; that he is excluded from places of ment, by these amendments or by any of them, been vested with this public amusement; that stage-coaches, railroads, and steamboats will enlarged jurisdiction 7 Are the civil rights of the people of all the not transport his odoriferous person, or his bag~a-~e from place to States in the keeping of Congre s, and have we the power to limit place; that the public schools are clo ed to his cllildTen, and when aud re train the exercise of legislative power by the several States death overtakes hini, decent burial is not accorded to his lifele s on all que tions affecting the rights of citizens 7 These are grave and corp e. important questions; for they involve the very frame-work of our com The e are the facts a umed to exist ; and it is to redress these plex sy~tem of government; they involve the very existence of the wrongs, and to punish the offender, that we are urged to enact this States for the purpo e of home and local self-government, including law. But have they any existence in reality Is the colored m:m the regulation of civil rights and the ri~hts of person and property. anywhere excluded from places of public amusement, or from stage More than that, they bring up for solutwn the right of self-govern coache , railroads, or steamboats 7 Is the right of sepulture anywhere ment itself. For it cannot be gainsaid or denied, that if the men of denied him, or are his childTen excluded from the benefits of the pub Maine or California can legislate for the people of :Missouri or Caro lic schools 'I For my State I do not hesitate to affirm that there is not lina on subjects local in their nature and exclusively affecting their the slightest foundation for th~ assumptions of this bill so far as :Mis own individual and home affairs and personal rights, this Gov souri is concerned. Schools ru·e everywhere provided for the negro by ernment is at once transformed from a democratic republic into an public taxation of which he pays an infinitesimal proportion. They are oligarchy, and that the basis of our political fabric-the ri&:~t of the liberal suppQrters of all shows, theatrical performances, and public people to self-government-is undermined and destroyed. ll such is amusements, and no class of the population contributes more of their the effect of thee amendments, we are no longer citizens, but sub substance, relatively, to the exchequer of railroads. But it is not that jects of a power foreign to us, and over which we have no control. they are excluded from transportation on railroads and other means Fortunately for the rights of the States and of the people, no of conveyance, not that they do not frequent places of amusement, not such inference can be deduced from them, and no such power is that they are compelled to take shelter from the elements in the ~ub vested in the Federal Government. This opinion as to the effect and lic street or in the open highway, nor that their children are depnved meaning of.these three amendments is amply confirmed and ably of elementary education in the public schools. This is not the gTound vindicated by the the late adjudication of the Supreme Court in the case already referred to by the gentleman from Kentucky [:Mr. BEcK.] of pretended complaint. It is that they do not eat at the same table 1 and sleep in the same bed with thewp.ites; t hat they donotrideinthe (Slaughter-house case , ·16 Wallace, pages 57-83.) .And if this House same car, and laugh at the stale jokes of circus-clowns from the same shall, in the face of this exhaustive and conclu.sive opinion of are seat; that their children are not andwiched between the blue-eyed publican court enact this bill into a law, the country may well con German and the black-eyed American, at the same desk and con the clude that its action has been instigated by uther than. patriotic mo same lessons from the same book, and that the same earth that tives, and prompted by mere partisan considerations or by an insane conceals the dead body of the white man from sight shall cover greed for the retention of sectionaJrpolitical power. the corpse of the negro. It is not equality of right, but identity of The thirteenth amendment gave freedom to the slave ; by the first right that is demanded by this impracticable an9. mischievous bill. section of the fourte.enth his freedom was guaranteed and established, It is not civil rights but social rights that it seeks to enforce and and citizenship, both of the United States and of the State, defined; protect. It is not equality before the law, but equality in society, while the fifteenth amendment elevated the late slave to the privi that 1\:Iassa-chusetts hankers after with such avidity. Can it be leges of a voter and a sovereign. To each of these amendments was pretended when the State provides tea the once much-mooted question of citizenship, has conferred upon :Mississippi, and .Alabama, and to-day he holds in the hollow of his Congress power to le.~~late upon the rights of citizens in the States, rough hand the destiny of this grand Republic. And all this you have and to divest and nUllify the jurisdiction of each State over its own done for him. Is it not enough Y and may you not appropriate the citjzens. Nor is it believed that such legislation is claimed by its interrogatory of the prophet, and ask yourself in tones of heartfelt advocates to be deducible from this first paragraph of the fu t section lamentation, "What more could ·I have done for my people than I of the fourteenth amendment. If Congress has any power over the have done!" Let the negro and his rights be dismissed these halls subject, it mllilt be derived from the subsequent clauses ofthis section~ forever; and let him work out his political salvatio~ if not with fear by which the States n,re inhibited from abridging the privileges and. and trembling, at least without any further sacrifice of the great immunities of citizens of the United States and from denying the interests of the country. equal protection of its laws to any person within its jurisdiction. I :find it difficult to comprehend how the negro is to be bene::fited .Assuming that by virtue of these clauses (which I am not prepared to by the passage of this bill. Nor can I understand why there should concede) that Congress has power to legislate to protect the rights pro be such discrimination in his favor as between him and the white hibi ed from jnva¢-on or infrin~ement by the States, there can be no citizen. Justice is administered to him without sale, denial. or delay, question but that the "immumties and privileges of citizens of the and there is no legal wrong that he may sustain for which he can United States" are immunities and privileges that appertain to not obtain like redress in the courts of the State with the white man. citizens of the Union as suchJ...and have no reference to the civil rights If a white citizen is excluded from a public inn or a place of public of the citizen of the State. They are such privileges and immunities amusement he must sue in the State court , and content himself with a belong to the citizen of the United States by virtue of the exist the actual dama~es sustained; but if it be a colored man who has a ence of the Federal Union, its national character, and its Constitution similar cause ot action, the unfortunate inn-keeper, showman, or· and laws. The fact that in this prohibition against State legislation teacher of a public school is subjected to a penalty of from one hun: citizens of the United States are mentioned, and not citizens of the dred to :five thousand dollars, and in addition the man "guilty of a State, when they are both mentioned and defined in the previous skin" has his cause of action for damages, and both the actions must section, shows conclusively that the prohibition was not designed to be instituted in the United States courts. Nor do I see the propriety extend to the rights and privileges of the latter. So that the conclu of his being forced into the public schools against the wishes or pre sion seems to be inevitable, that the second clause of the first section judices, ifyou plea-se, of those by whom they are supported, when nothing of the fourteenth amendment does not give Congress any power to can be more certain than that succe s will tend to the destruction interfere in the regulation or control of those rights of the citizens of the system, and thus leave his children without any means of edu of the State which have from the foundation of the Government cation. So odious and distasteful is that feature in this bill, open been exclusively within the d<;>main of State legislation. ing the schools to the negro, that the republican candidate for gov Can the clause forbidding the denial by any State to any person ernor at the late election in Virginia, and who has just been appointed within its jurisdiction of equal protection under its laws be con to the judgeship of the eastern district by President Grant, mo tun strued to authorize the legislation proposed in this bill or any other equivocally condemne(l their admis ion in the public schools of that legislation affecting the civil rights of its citizens, in the absence of State, and every republican speaker in the canvass took the same any law of the State making discriminations against the negro as a position. . clas f There is no evidence before this House of the enactment of And in confirmation of this sentiment among republicans in the any law which fails to give the negTo like protection with the white South, I read an extract from one of the leading republican journals man and before Congress shall commit itself to any interference with of Virginia, the Lynchburgh P1·ess: the duties of State governments on this subject, much less to the pro As the schools are at present organi.~ed, perfect impartiality is shown; equally visions of this mischievous bill, it should be satisfied that the States competent teachersareemployedforwhiteandcoloredschools; and while the whites, have disregarded 'this prohibition, and equal protection is denied the in giving in adherence to mixed schools, would have to violate in many cases the preconceived ideas that have been instilled into their minds from their birth, the ne!ITo by law. On this point I quote from the opinion of Justice · colored people, on the other hand, (and we speak of tho e of them who are worthy Miller, delivering the opinion of the Supreme Court in the case in of the most consideration, and not the professional politicians,) are loth to brino 16 Wallace, page 81 : - their children into competition with their pale-faced neighbors-as they would ill nu.xed schools-because they fear t.hat the impartiality that now eXI ts would In the lio-ht of the history of these amendments and the pervading purpose of under such cirCU'IllSta.nces fail to obtain; and they know further, that while the them, whic'ii. we have alreauy discus ed,~. it is not difficult to give a meanin~ to this common-school system, as now conducted, is productive of peace and harmony clause. The existence of laws in the ;:)tate where the newly emancipatea negro between the races, the innovation that Mr. Sumner and other theorists and imprac resided, which discriminated with gro s injustice and hardshlp against them as a ticables seek to environ us with could not in the nature of things be otherwise than class, was the evil to be remedied by thls cl.&use, and by it such laws are forbidden. prolific of discord, tumult, and open rupture. * *. *.. 'fe ~oubt ve_ry much whether any acq.on of a State, not dire~ted by w~y of discrunmation agamst the negroes as a. class or on account of theu race, will We are now; and ever have been, the unflinching advocates of free schools even ever be held to come within the purview of thls provision. when such views were unpopular, and in opposing this feature of the bill of Mr. Sumner we are influenced solely by a desire to perpetuate a system that is fra~ht with much of good to both races· and we do not, therefore, feel like quietly sitting Further on, after speaking of the sentiment in favor of a. strong down and folding our h&nds and withholding condemnation from a measure which, government growing out of the late civil war, the same learned although originating with a whilom republican, cannot fail to be attended with the judge says: moRt disastrous couseqnences to the cause of public education. But however pervading this sentimont, and however it may have Q()ntributed to We are thoroughly convinced that if thisfeatureremainsin the bill, and Con!!re s the amendments we have been considering, wo do not see in those amendnieots any is possessed oftht't.emeritytopass it, thedeath-knellof public schools willhave'been purpose to destroy the main features of the general system, Under the pre.ssure ounded, not ouly in Virginia but in other of the Southern and some of the Western of all the excited feeling growing out of the war our statesmen have still b lieved States. In this State tlie provision of the Constitution originating them will be that the existence of the States, with powers for domestic and local government, rescinded, and the colored children mil be the wol' t sufferers by so unfortunate an including the regulation of civil rights, the rights of person and of property, was event~ becau e much the larger portion of the taxes levied for educational purpo es essential-to the perfect working of our complex form of government, though they are impo: ed on t.he whl tes, and it is not within the range of probability that a domo have thought proper to impo e additional limitations on the States and to confer cratic Le~lature will tax the people to propagate mixed schools. additional power on that of the nation. But, strange to say, the medicine which Virginia republican refuse Mr. Speaker, I am not one of that political faith who hold that to admiruster for themselves, Ma aohusett republicans insist shall be the opinion of the highest judicial tribunal, on a question of consti crammed down their reluctant throats, while they, happy souls, aro tutional law, binds and concludes either of the other departments of neither in a condition to require the no trum or. to suffer from its good the Government. They are co-ordinate and co-equal with the Supreme or ill effect. Be assured, Mr. Speaker, that "thereisaniggerunderthis Court, and in its own sphere each must determine for itself to what wood-pile," and notwithstanding the fair exterior aucl comely outside extent the supreme L.'bw controls its opinions and its action. But as of this bill for the protection of the civil rights of all persons, it has an authoritative exposition of the Constitution the opinion of the other purposes and objects than appear on its face. The scepter is Supreme Court is always de erving of the most respectful considera depa~.mg from Israel; the star of empire is taking its way we tward. tion and the mo t thoughtful deference, not only from the people at Political power is stealing from the Ea t to the great valley, and of large, but from their agents in the other departments of the Govern late there has been a terrible shaking of the dry bones in that won ment. Twice were the que tions involved in the e cases argued and derful valley. The people have been sleeping and slumbering for, reargued · and coming as this opinion does from membors of the same lol these many year, and while they slept and slumbered they have political household With the maJority of this body, it merits at their been robbed and plundered by tho e of their own household. And hands an honest, impartial, and well-considered jud~ment. It is they too are clamoring for protection; not for the Tights of the negro, humbly submitted, that under the principles enunciated m the opinion but for the rights of their own unrequit,ed L'tbor. They demand from which I have read the Supreme Court must hold that the protection against the unjust discriminations of railroad monopolie ; provisions of this bill, if enacted into law, are unconstitutional and protection against the discrimination in favor of the bondholder of no effect. And if this should be otherwise, why fan the embers of against the plowholder; protection against the extortions of that ectional hate into new life f Why give your sanction to a measure "sum of all :financial villainies," the national-banking system; in :fine, that will inevitably increa e the enmity o'f the two race , already in protection against all forms of monopoly, whether of land or mone , some sections sufficiently exa peratecl, and that must fail of benefit iron or salt, and all forms of legislation whereby the many are plun to the negro, and in all likelihood be of incalculable injury to him 'l dered for the benefit of the few, and the capital of the country en For nearly a decade you have been legislating for the negro by amend riched at the expense of its labor. Let no one mistake the signs ments to the Constitution and by acts of Congress; the judicial power of the times; let no one be cleluded with the idea that the great up of the Government has been pla-ced at his service; the Army and N avv rising of the farmers of the West and ·the Northwest is to be satisfied have done police duty for him; Senate and House have been WI'ang with cheap transportation from the valley to the sea-board, or to the ling over him for years. He sits as a legislator in both ends of the Gulf. It has a far greater significance. It means cheap transporta Capitol. His pathway to wen,lth, position, and place have been cleared tion and cheap iron as well; it means cheap salt, cheap woolens, cheap of all obstructions. He is king of South Carolina, Florida, Louisiana, cottons, cheap hats, cheap shoes, cheap money; it means the right tQ 430 CONGRESSIONAL RECORD. JANUARY G, the rewards of their own ln,bor, and the 1~~ht to buy in the cheapest Mr. :MYERS. I suggest that the consideration of the bill be assigned markets and to sell in the highest. ~ o one comprehends more for W eclne day of next week. clearly the deep significance of this movement than the worshipers Mr. IIALE, of Maine. I desire to have it understood that, when of mammon in the East-its money-changers and its lords of the fur tho order is called, if the House should then consider any subject nace and the loom. And if by such measm·es as this civil-rights bill matter to be of more importance, not only will it not be called upon they cn.n succeed in hoodwinking and cajoling the West into the con to proceed· with this bill, but I hall not attempt to urge it. This, tinued worship and adoration of the ebony idol, and divert its atten however, is a bill which involve the first stroke of the committee in tion from the real wrongs of the white man to the fancied and imagi cutting down expenditure ; and if I find the House ready to proceed nary ones of the negro, anq at the same time compact into one solid with this matter of the naval appropriation bill on Thursday morn mass the negro population of the South and keep it under the com ing after the morning hour, I want to call it up and proceed with it; mand :1nd control of th~ heirs and legal representatives of the Freed and I hope the House will sustain me in that motion, for I know the men's Bureau, these vampires of ,the life-blood of the labor of the country will sustain us. country may continue their ruinous depletion for many long and Mr. BECK. I desire to ask the gentleman a question. Has there dreary years in the future. Such, I greatly mistrust, is the object and port of the Secretary of the Navy been printed and laid on our desks Y purpo e of the bill under consideration. I have not seen it. · It is difficult to conceive of anything more ill-timed and inoppor Mr. HALE, of Maine. I presume it has been printed and distribu tune than the presentation of this measure for the adoption of Con- ted. I have seen it, and had it in my posses ion for some time. . grcs . There were reasons for indulging the hope that this Con.:,aress Mr. DECK. I have not seen it. I desire also to ask t]le gcntlem::m would devote its attention with zeal and alacrity to the discussion whether his bill is printed f . and maturing some measures for the relief of the country, and for Mr. HALE, of Maine. I propo o to have the l>ill ordered now to be rescuing its mn.terial interests from the sta.!;Elation and depression printed. that now burden all branches of business. l'.iverywhere, and in all 1\fr. BECK. And this is Tuesday evening, and the gentlcm::m pro sections of the Union, there is :financial distress. Trade is sta~ant poses to· have the bill considered on Thursday. and industry is paralyzed. Failure, disastrous failure of the linan Mr. MYERS. As so little time will be left for an examination of cia.l policy of the Government is proclaimed by men of all parties the bill if the order proposed be made, I move that Wedne uay of and of all shades of opinion. The Treasury itself is on the verge of next week be :fixed for its consideration. bankruptcy, and increased taxation is demanded by its head to meet Mr. HALE, of Maine. I hope the amendment of the gentlem..'tn its daily expenditures. Taxes, external and internal, are falling off; from Pennsylvania [Mr. MYERS] will not prevail, for the reasons I property of all kinds is shrinking in value; and honest labor goes have stated. I think we cannot do better than proceed in the direc unrequited and unrewarded. The shop and the manufactory a:re tion in which the Committee on Appropriations is faithfully laboring closEfd, and the mechanic seeks employment in vain. The wa:res of that is, in putting the knife into the expenditures and cutting th m the merchant and the trader lie upon their shelves unsold, and they down. A po~onement of this mea ure now will be looked upon by _enter upon the business of the new yea:r anxiously endeavoring to the country, I am afraid, as in the direction of putting off the cutting peer through the thick darkness thn.t surrounds them. uown of expenses. The accumuln,tions of a life-time disn.ppear like snow before a Mr ~IYERS. I am afraid of nothincr in insisting upon_the proper summer's sun, and the millionn.ire of to-day is the bankrupt of the examination of the que tions pre ented to u . What we desire is to morrow. In all the great centers of population the working cla e have a full examination of the whole subject and pass upon it unuer are giving unmistakn.ble manifestations of discontent and selected. ru;t ca.r~y day for the consideration of this bill. The Army WITIIDRA.WA.L OF P.A.P:Er..S. appropnation ~ill.has been set for Tuesday of next week, and if we Mr. :MYERS asked, and obtained, unanimous consent to have with can take up this bill and consider and pass it, it will be crood work for drawn from the files of the House tho papers in the cases of M:ircus this week. o Radish and John Hatfield. Mr. GARFIELD. I desire to make a surrO'estion to crentlemen in Ir. SW.ANN asked, and obtained, 1.manimous consent to have with regard to t_he .que~tion of time. It is very t:'tfe that the gutting down dra~m. from the files of the House the memorial of Thomas Winans of appropnations m any one of the annual appropriation bills where and \Villi am W"mans, praying for an extension of their patent for tho no change in the law is made, will not take effect until the 'first of " cigar ste:1D1Ship," and the papers accompanying the same. J ul~next; but every gentleman knows that it is the almost unbroken lr. NEGLEY moved that the Holise adjourn. habit of Congre~s to push off the appropriation bills until the last The motion was agreed to; and accordingly (at four o'clock and week of the sessiOn, and we then find ourselves with four or five ln.rO'e fifty-five minutes p.m.) the House adjourned. apl?ropriation bills on our hands on the last night of the sessio~. This happens sometimes b~eau:'e co:rn:ruttees are not ready, but more frequently because a combmation of mtercsts pushes aside the appro- priation bills saying that they can always be passed. PETITIOXS, ETC. Mr. MYERS. We are not near the last day of these sion yet. / The following petitions, &c., were presented under the ruJe, and Mr. GARFIELD. I hope the Houso will allow the Committee on referred to the appropriate committees: . Appropriations to begin their work as soon as they are fairly ready By Mr. ADAMS: The petition of Susan Ross, for a pension. and are abl~ to present care~y prepared bills, so that they rna y be By Mr. BANNING: The petition of Captain .A. W. Hicks, for compen- calmlyconsidered. Everyposs1ble opportunity for reasonable debate su.tionfor meritorious services in the war as pilot of the Switzerland, the Ho_u~e has in its own hands by a majority vote. I hope the the flag-ship of the United States ram-fleet on the Mississippi River, prop?Sition of the gentlem~n from Maine [Mr. HALE] will prevail, under Colonel Charles Elliott. and if for any reason the time ought to be extended, the House will By 1\Ir. BUTLER, of Massachusetts: The memoricl.of John C. Duff, a.lways have it in its power to extend it; of Key West, Florida. Mr. BECK. I do not desire to postpone the consideration of this · .Also, the petition of J. H. Huntington and S . .A. Nelson, for com bill a single moment longer than is necessary to enable the House to pensation in establishing signal-station on Mount Wa hin!!ton,0 New know what it contains; to read the report of the Secretary of the Navy Hampshire. and the printed bill, and to examine both. we all know those of us A~o, the -petition of Dwight A.. Barrett, Company E, J:<'orty-sixth who have been here any time, that after a bill of this de c~iption once Regunent Massachusetts Volunteer Infant!]:, for a pension. · passes the House, we never give it any full consideration. The bill Byl\Ir.CESSNA: ThepetitionofWilliam.J:L Small,ofAdamsCounty goes to the Senate and amendments of all sorts aTe put upon it, prop- Pennsylvania, late a private of Companies E and K, Fifteenth Re;i~0 erly perhaps, but when tho e amendments como back the Committee ment Pennsylvania Cavalry, for a pension. · on ~ppropriations move a non-concurrence, and without any e:s:.:wri- A!so, the petition of Charles .A. D!aher,. of AdaD?-s County, Pennsyl nation of the amendments the bill is sent to a committee of confer- vama,lateoftheOnehundred andsixty-sixthRerrrmentPennsylvani..'t0 enc~. That committee do just as they plea.c:;e, and when they present Volunteers, for a pension. th~u report to the House they- call the previous question without its . By 1\fr. CHA.FFE.E: Petitions of citizens of Colorado Territory, ask bemg printed at all, or if printed, merely by numbers, so that no mom- mg Government rud to construct a wagon-road from Rollusville via uer knows what ~e is yoting for, and !fiUSt either vote for the report the Hot Sulphur Springs to the western boundary of Colorado Territory. as a w~olo. or against !t. Hence the Importance of fully considering AJ.so, a peti~ion asking that the branch mint at Denver be put upon such bpls m the first ~t~cc. I was glad to hear the chairman of a comago basiS. Comrm.ttee on Appropnatwns make the roma.rk he dicl. Heretofore .Also, a pe_tition asking the passage of n.n act to authorize the people the appropriation bills have been left to the last moment and crowded of the Terntory to form a State government, and for admission in tho through with all sorts. of improper le~islation in them, because the Union as a State. House could not exam.me or understana. them. I hope this House will By lli. CLAYTON: The petition· of the House Carpenters' Eight agree not to fix a time for adjournment until every appropriation bill hour League, and Shop of United Mechanic , of California askinrr0 is passed, so tha.t ten days shall intervene.between the passarre of the the removal from office of Supervisin0'-.Architect 1\Iullet. ' last of them and the adjournment. It is not for delay but to s~ve time .Also, resolutions of the Mechanics' State Council, of California on that I resist a too-hasty consideration of this bill. the same subject. ' . lli. HALE, of Maine. I now call the previous que tion on my mo- By Mr. COTTON: The petition of N. G. Clement and other sol- twn. diers, asking the passage. of the House bounty bill of the la t session. Mr.l\fYERS. I rise to a point of order. I believe that before the Byl\Ir.COX =.~he petiti?n.of Henryl\Ieywell,forincreaseofpensi9n. previous question was called I moved an amendment to make this .Also, the petition of William H. Johnson for pension and con!.!Tes- uill the special order for Wednesday of next week. ' sional investigation as to course of commis ioners. ' o . The SPEAKER. Strictly speaking the gentleman who reported the By 1\Ir. D.A. \VES: The petition of Dr. John R. Bigelow of Washing- uill ~d made the motion in regard to it is entitled to call tho previous ton City. ' que tion. By ~Ir. FORT: The petition of John 0. Wheeler and 360 other Mr. HALE, of Maine. I have not yielded for any amendment. citizens of Livingston County, Illinois, prayincr Con!!Te s to authorize The SPEAKER.. ~his debate has been m.erely interlocutory. There a commission to inquire into the liquor traffic, an:I its influence in Las been no recogmt1on of members to entitle them to make motions. producing pauperism and crime. Mr. PLATT, of Virginia. Will the gentleman from Maine allow me By Mr. GARFIELD: .A petition of citizens of .Ashtabula COtmty a moment before he moves the previous question. Ohio, praying that a pensi?~ be ~anted to Almond F. Mille. ' 1\Ir. HALE, of 1\Iaine. It is too late, and this debate has aheady By 1\Ir. HAYS: The petitiOn of the Colored Laborers' .As ociation run too far. of Greene County, .Alabama, and proceedings of a meeting of said 1\Ir. Nl;G~EY. I must ~sist on my motion to adjourn, if gentle- society, givin~ an account of their destitution and inability to obtain men are gomg to de~ate this matter all the evening. pay for their labor. Mr. HALE, of 1\Iame. I do not propose to debate, but I insist on By 1\Ir. PARSONS: The memorial of Lieutenant Juliusl\I. Carring- the previous question. ton, Company H, Tenth Regiment Michigan Volunteers for pay as lli. MYERS. .I give notice that if tbe previous question shall be second lieutena!-1~' under th~ joint resolu~on (approved Jtuy 11, 1870) voted down, I will offer the amendment I have indipated. amendatory of JOmt resolution for the relief of certain officers of the The SPEAKER. The question will be put directly on tho motion Army, approved J uJy 26, 1866. · of the gentleman from Maine. By ~fT. SHEATS: A me~orial ?f the lay-members of the .AJ.abama f_r. PLATT, o~ Virginia.. I thought the first question was upon sec- Conference of the Methodist EpiScopal Church South praying com- oucling the preVI6us question. pensation for use of same during the war. . ' Tho SPEAKER. Neither question being debatable tllo result is By Mr. V .ANCE: Joint resolutions of the Leaislature of State of precisely the arne. . . ' North Carolina against any increase of the tax ~n manufactured to- The que tion was put on the motion of ~Ir. HALE of 1\Iaine · and on bacco. a, divi ion there were-ayes 105, noes 79. ' ' By Mr. W9LFE: ~ memorialfrom the citizens of the city ofl\Iount o the motion was agreed to. · Vernon, Indiana, asking Congress to removoobstruction~a in the Ohio ~·HALE, of Maine, moved to reconsider the vote by which the River, in front of said city. mohon was agreed to; and also moved that the motion to reconsider h luill on the table. The latter motion was agreed to. IN SENATE. BOSTO~ POST-OFFICE. WEDNESDAY, January 7 1874. Mr. G~FIELD, b;y unanimous consent, from the Committee on 7 · .Appropnatwns.J subnn~ed a reportfrom tho sub-committee inregaru Prayer by the Chaplain, Rev. BYRON Sm.-.DERL.A.1o.'D, D. D. to the pr