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The Newberry herald. (Newberry, S.C.) 1865-1884, April 11, 1866, Image 1

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn84026909/1866-04-11/ed-1/seq-1/

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At Newb-rry C. R..,
By TiOS. F. & R. H. GRE'EVER,
DI"UnRS AN) r!"O!::IToa1S.
TERMS, .fi,5o Full SIX '.'TD.E THER
(Paym:ent requ:res. invariy ~n adva::ee.)
"irst insertion, S for e(cl
Miarr*age notices, Fue o
and Conmunc,ions 0, ',n.-ren Of
as adverdse.ents.
Veto of the rA righ' J6 lT
-D t he Senate (' t,, i ' c
I regret that thc Lill wh ich hins 1a'<lst'ri
Houses of Congress, enttld An Act to
protect all pcr-oins in the a :
their civil i:hts, and furnish tIe meanC fr
their vnd:canion,' cont:as pro.sn w I
I cannot approve, consistetl'nith my n
of duty to the wh>e peol,' lk ! m o1) n
tions to the Constitutin e 'iled ce.
I am, therefore, constra t u t,.
the Senate, the house in whih it c: i..ated
w;th my objections to its bCOmij I 1:i"V.
By the fb t secti -n. of th, i.
born in the United Stat
any foreign power, cus n-t
taxed, are de!ared to O e s
This provision Lcprehnd the I - of
the Pacitc St:ates, u
and the peopl- ca"ed (: , w
entire race di ated bh r
negroes, mul t o, A f:ia i
blood. Everv idiii iluall of ih,c(s b(orn
in the Enited :a i
izen of the United States It 'o p.
to declare or confer any o
ship than Fede i ii ip. I do, n
purport to give the e.-:s et ero . a
status as cit;ZCns ol a . e a
may result fiom their z,...s .s i C i e. .
United States.
The power to cofr.r the ri-t , f't c:11
CenShip is just as exclu y . !b t r
States as the power to cme u::.t 0 '
eral citizenshIp is o i :
The righ,t of Fe(e.raitizenshih to l'
conferred on the several 'pr : i
ment.oned is now, for th rt tim, r sd
to be giver by law. IF :I, n y,
Zll persons who arc t ,
by virtue of the C k:.t t v
ui.'ted State-, the... pa:e oi U e , '
ca1nrcot be nea .. t. m.kI 1 I the t , I,
on the other hand,J c ye : a,ar i ii
ZCnS, as Ma1V be ui ilm the L r.o
AegIS ation, t,- m-,1 e t*ik!! SUch. th !I 7, : !Icu s
tion pi 'e t t sel n tt h lP:: .74 n 'f
mhe Su*eat c:.s ouim,a:ie
other exetr c s z ii. 2 ot w ITl
t our i thm he. e:? n11
er-ed fir -avery io n.)
reasonablv . ps t.t y V s t
requi'.ite qmniOcentin to Cmiide th m toal
the p'riv' ege anaus nu:ue ., e inz: s
the United Stts ELve th pep (f th
sever.al S't'ates expressed? .c sneh a e(7:7iOtion
It ma y aiso be ased whe7ther it is~ necs.r
that the sh~.oul1d be d2cmari e -z.: '' i:: re
that they, may' be' s-nr. c n the ' e menti *
of civil ight'. 1 The::,:i . p:)y * be
conf rre bys the Lil are, rv Fede:"''as we! as'
fori ners,c ' eve beor the co :t.n o the
be assumed that the s:iine' e'::.esaesf
ficient to give like prott.c ton .n ! st
those for whom this hi> p'rmidm' ci legi
lationi. Bes:'des, the piy of t'he Goru
mrent, from its origin to the presnt ime
seems to have been that peron whvo e
strangers to, and ui:fr:rnlar with, o"' inti:
tions andu our laws, shoind t:tss thro::b a c7r
tai n probat in, at :the end7 of wE ,l::
obtaining the coveted pri e, they' nItgiv
evider.ce of tiheir fitnems to recei'.e and to \x
ercise the r:ghts of citizens. as co: e:npate
by the Constitantoni Cf the .:ted I:ts h
bill, in effect, p roposes a d iscrimasi: at1n': '"a::st
large numbers of intmeiet, worthy :'si rt
riotic foreignes, andi . r e ero, to
whom, after lone y'ears of Cnd c the ve
'ies to freedom an"d intelee:.e . :.V bc::n
suddenly opend He mus't, <? :: 'o :y,
f:om his previous c:m tia-.:e e.2'n ci
servitude, be less infe: '' to the natt'e
and charac of our initutins,O t tan he 'sxho,
coming frm abrond, I., to 'ne exr' .a
least, tamd arizea himnic Cn an tue ' ue'l' es
of a govern'ment tO wl:ae he vo 't1 er.
trus~ts .de, boertv and the r . it e' narmi
ness. Vt it IS O now (es'u lsv ai sn777
leiltv enactmer.t to confer the rhso
Z:itizens up~on all persons of Mrla 7 escen
Srn withim the extenueui mas o! th L nned
States, whi'e per sons of frin bith who0
make our larnd their home,0 n'u1 "ndergoa
plrobatton of fiLve year"., : s can C.l the be
'cotme citizenis upon proof tat :y ar of "good
z'.oral character, teedt nCe l5: ' les of
the Constituti'n of the iT ed R ,an
well disposati to the "ood order a:.: ar:ainess
of the same."
The first section of the 1,i1 also coantains an
amaneration of the righmts to be eniovedl by
these classes, so mn:.e Citizens, "in evcery Staite
and Territory in the Uinited. States." These
rights are: ''10 umke and enforce contracts5,
to sue, be parties, and give evidence, to i:nher
it, purchase, lease, sell, hold and conavey real
and personal property," and to have "full and
equal benefit of all laws and proceediags for
the security of person and property as is en
joyed by white citizens." So, teo, they are
made subject to the same punishment, pains
and penalties, in common with white citzens,
and to none others. Thus a pe:tet couality
of the white and black races l.; attempited t~o
be fixed by Federal law in Ce.ien State of the
Union, over the vast fild of St:ate jurisdiction
covered by these enumerated righKt. In7 no
one of these can any State ever exercise anys
power of discriminatio:n between the ditern'
In the exercise of State policy over mat'ters
exclusively afifecting the people cf each stute,
it has frequently been thought exp' dsent to
discriminate between the two r'ace. 1v the
statutes of some of the States, Northern as
t:a n moe " 4 7: m [ : lIn 4i 1 3 a
n : r : : Cnofc' ! ! 'K n s
toween them :nQ L. wh:il are tWKWOen in
sOme Of the :ta:x Where Mvery dnvs not ex
ist and thwy arc p. b,ibit in K!! the save
hoiingt absolutely con
trary to """x, thcr:r.rv:::, a re re
as a ill:nee 2i. g!t 0 "1d'crum
do not this b! rp ':eaws on
the'. n eon)g t thie two r% lcs,
for4 a:4 t: -W hie a!'1 i* .!i. n,- to interarz lry
vith the blA&s the IOS can OnQY und.K k
sucl! contrarts an the w:hNg th.:iw&w arv
:a0owe to maiv, a:w' thKore C:I:It, MCIle
this li e:nto- ipto the nmrriage contract With
the whhtn I ci-. this diverimi:mtan, how
ever, as aI instanCe of the State polcy as to
(houkiimiati, a%d to i:,ur wiether, if
Conl'ess can abll wte al W Sate a of ds
0riminatio betWeen the two'race m' ,C ine ma 11t
t,r of re: t s-:i, a:r of cOn1a(CtS
<p'nrly CoI rra m ::l t o reieay the
Sente two r: iithert') '-;cy su ijet
eMbr;:CLd inl the en:nnerati uf lights camn
taisi n ii 1,;! as be C on iei, as ex
eluiv ybeoniato the T:s h"y a
ZU rMiveAC S:AU. Theyqj a:-c m.tters
which, :n Uach .$00, 'OMeT! tV hu!"STle
cm::Wition of its mple, -a v nach accord
n to its on pn onr ircuintances and the
:1,v ad w".N s of its ow n cotz"n.r I
N J MAN to S:n ihn, 1:po" those Sub
out", there are* !: " .ldrmis fo:r
nvance, in the Smy powr t fei atore
centrac:s therv in a ON 40:: in thmn that no
WI pmss an (Y - Q0 ka a: as to
W :w .Alw a tend Wer. lit whre can
We BAW a c'LUSIA .1h1itin MgANQt W.e POw
vn f : 'ti to di,m i::a 7: n St of
th,e, tween 'iens andl citize:;.,, tw e
artKiW Ir:, eO co-ptra:in, a nad
erlp':VzonS, :n the Ql:lt to lioa reta L:s
ta l ?
w.-hyv, it 1,:ay b n 'n,re,s re
1Ova in t Sn= WNm- valla SU WWrS discrimi
hGIge btween:. th"~t" laces on tle SUbjecto
Ofrhaze and"I ? If C.allis (ca de
e "re 'raw \Nwm.) !b a s h h l
tWSKY.! Mw 00 Loe a" adiy to muak:e a con
i:(.: i a Iat ]: r e n l ilso
Ievr lio, %., t e adt Or rac,
ha!~ a't h 41 to nyt as. or as a
fn o NnJ &:v Ke, :m, fW:HY, to vote,
in enry 40te and Ter: tory Cf ME U::I
.A, respeC fs erii.s til ome Co we -
in the p o (),;reC, fL :i. to the'1 the
law-makinm pw.vris th KviabiA pow: r ; but
to ine "es, nC A 1 ::s e.it
Vesto2 m11 t'n'r ss.. the owe:- to : rules
and1 regla"tion's forthm
The oject of the seco sd seetn of the bill
is to 01or1" dmr : p n to m.red
person in the tul .;:dom ent ffu, F_11 ri:Its
Sored to thm by t!:0 pe , : ti It
-,lies"tat :my~ person viho, ur-:r Noer of
viC .a, ttutl, ordin:':ce rewulation or cus
m, -:01 'n ,*1 orc'n' to be sin e,
:n- h:hbiat of anyV ''ate or Territory to
ie d*p'iv''tin 'f aV '1ight secured (r ro
a ns or-0 pnal:' is o in accun of tuc prton
(' col- (or 1 race,'thn is pre.serihed for the
>i th, m the* diceion of the cur. This
ti iLe-m to I ni o-i.nei to pp:y to 'omeih
sh'i b may\ con tilh the prvi 'ion of(i the
i iy n~i l e ilatiOnl. It provide for'
n i a!:. '1VI Zri ):Linent ulpon the
r1 u 'on the I'er orl ' agents w.ho shall put
r atte mpt to poti, themil into ecutionl. It:
nein an ~2 oeial c.'ecnce, not a conunilOn cimefl
Coma.itted aginsiit !aw~ upon the persons 01r
,roeyc of the black. race. Such an Act maty
Lpive I the U-k man'i~ of his property, bunt
atofte ; i to 1il prroi.rty. It meani1s
t-e u ic:r. or the 'ta-te Lei'lature. It
en:ir o : tOte ?Li aue wh.n o should
rt" fr laws con Iiting with the prisU'is
> the1j" hi' ht jigesC. of the State courts
ith its term' ; and that ma'rim! and.sheriffs
ho 110hou1.ilI,a ini t11rbd o'i$r, execulte
I 'C'-iS.es s-1e '-y ':'te'laws andl issuedL
Ly State' joss in ex\(1cu1tin of their j udg
IUeints, cotuldh bi bough~1t bef'e oth er tribu
m!lS, [Ond ther,e subj"ctedi to ine and imiiis
onmenit fir the W peromanLc f the duties
Thi le).!ai thn propo.I)1ted( invades the
.tiia pjoer tof he \tte. t say to evertyi
tt, c urt ori' if you deie tha Iti
he prohibido 0f a" tur 3 :, to allowV a negroN
o teCufy-if you hold that o .er such a sub
ct-mat dter th~e State law. is i tamount, and
'uder color" of a Sta te law ref use the exer'
ie of the righit to the regro, your err-or of
odgmen t, however conscient iouis,shiall subject
on to fine ai.d impIiriIent. I do not ap
reben..d that the conflicting~ leg"iationl which
h bi!! seem~s to conte mp1lte is so likely to
ccui.r as to r'ender it necesar azv-t this time to
dopt a measure of such doubtful constitution
in the next place, this provision of the bill
eemfs to be unneCcssaryV, as adequate judicial
eieiLs could bei aidopted to secure the de
sired end without inivadinlg the immunities of
egisitors,L. alwas iprtan1t to be preserved
a th interets cf pnub!ic liberty ; without as
ai~ling the in.depen~idence of the ju'2iciary, al
as essential to tihe perservat ion of individ
a" rignh tsi ; ad without impan11 ig thee dficieni
y ofmiiserial of irs, :avs neessary for
t:LV mantenance of public peace and order.
he remedy proposed by this section seems
o bV, in this respect, not only anomalous, but
aconstitutionlal; for' the Constitution guaran
tees nothi:n with certainty if it does not in
,id .xcuting laws in pegard to all matters
aiigwithin the i uiic:tion, sn . tO.ik.
to the restcion th in cases of VOW11et With
the Constitution and constinutlnal laws of
the Ii It :IteS the int t hoCu' .1Uld be be1d to
be thc sure law of the n:il.
Tihe thi, d cTZion ives the Diistr :ct Court
of the L'nit--d S ates exclusive "cognizance of
all c'ile aic d a:lt e :S com itiil te against tle
pio,.ions of this Act," and concurrent. inO
dictin wih11 the C'iruit Courts I tie -id
States (fal civil and criminal co.sps "a Rcng
1mrsors who are denied or cannt enfwce in
the corts or judicial tribunls; of the State or
locality where they lvay he, any of the righi ts
Secr'd o them b~y the first T! tion." Th0
construction which I have eiven to the secnd
section is strengt hen Cd by this third section,
for it makes clear what k inrd ef deniai or de
privat;on C the rights senred b yw the firt
section was in contemplai.n. It is a denial
or doivt of suc-h rights "iin the courts or
jdicial uibanls of th State." It s"aU'ds,
therefore, clear Uf dou1t t1lat the eces anUd
the penaltiespro ided in Ihe second section,
are intended for the State JoIge, who, in the
evar exercise of his functios s a ju,lge, not
bult Jud"licially, shall de
elde contrary to this F,,lcral hw. Ii other
words, wlijn a tae Jug, 'actin', i)onl a
question invoWvini a cOWict betxen ai a
law and a ileral law, and bounc ecording
to his o-wi j*g.m'-Ie'nt anl respniAility, to
give ,an iipartidl (1t.cisioi bet,,tween the two,
comes to the cncnlusion that the Wt.t law is
valid and the Federal law is invalid, he tnnst
not 11w thle dicates Of his ow jUdgIMent,
at the peril of ine adm impuisonnicrt. Ti
1 gilative department of the Goverrniert of
th United States thus takes from the judicial
dcpwn:wmet of the State the sacred and cux-ti
sive Auty of judicial deci,ion, and converts
tihe Statejudgre i::":) a mere riiniste r Wileer
bound to decide acco ding to the will of Cn
It is clear that in States which deny to per
sons whose rights are secured by the fir:-t
section of the hill any one of' these rights, all
:niminala nd civil cases affecting theml, will,
i tile p:i\ions of the third section, COIe
Under the excluvivc co;nizance 01 the Federnil
trI imals. It follovs that if, in any State
which d es to a colereod person any, one of
all these rights, that person should corm.;it a
crime against the laws cf the State-murder,
arson, rape or any other crime-all protection
an1d unishrent through the laws of' the State
are takien away, and lie can only be tried aUd
pu:ishe d in the Federal Courts. 1Iow is the
cr imrild LO be tried ?If tile off1nce is pr vi
for and punished by Federal la%, that law. and
t t ate law, is to govern.
It is only when the ofKhnce does not happen
to be witi,in the purview of the Federal law
that the Federal Courts are to try and puni.h
him under any other law. Then resort is to
be had to the conimon law as modified and
changed' by State legislatien, "-o ftr as the
snie is not incon.,istent with the nConstitution
and laws of the nited State e. ' So that over
this vast duiain of cr1iminal jurisprudernice
pr(vided by each S!ate for the protertion of
it own citiz:ns, a:d fzr the punishmtenit of all
p'-e0ons Vho io la tce its c: iminaIi ,aws, ectol,
law, whiereve it cae mi U; ade to apply, dis
pcS State law.v
Th que-tinm here netuIraly. arises, fr. m
wh at s'rnree Congr ess derives thre power to
tran4fr to IFederal tribunrals certain classes of
cases e:nbmraced, in trirs section ? The {Consti
tutlion expressly declares that tire jmhd eral
power of the United States "shall extend to
all caises in law andi equityv a :in u inder this~
Constitution, the laws of tire Urnited State
and treaties made, or wvhichr sh;dl be made,
under treir anthnority : to all casesafein
airb a sad ors, o ther' public ma inis tens, a rnd con
su!s; to amll carses of admir'ality and miaritihne
iri iton ; to 'onrtroversies to which the
Unitedt States shall be a party ; to con tr'over
sies betwxeenm two or' more States, between a
State and citizens of aanther State, betien
citizens cf diiernt *t ates, between citizens
of the samre State claimrin<r land under grants
of difrent States, aind between a State, orI tire
citizns thereof, anti for'eigrn States, citizens
or sul jeCt
Here. th e judicial power of the Uinitedl Sta tes
is expressly set forth andl defirnedi; and the
Ac o Setemrber' 24, 1789, establishing thne
Judici C ourts of the United States, ini con
ferring upon tire Federal Courts juris>dictionr
over cases originating irr State tribunais, is
carefl to contirne themr to the classes enurnier
ated ini thre atbove r'ecitedl clauIe of the Consti
tutionr. Thiis section of the brill und.)ubtedly
comnpr'ehends cases and authorizes theC ee
cisc of lowers that are riot, boy tile Constilu
tion, wvitin th e jurisdicrtion of thre Counrts
of thre United I tates T 'o transfer th'em. to those
Counrts would be an exercise of auithority wel
calclated to exc ite dis'ust and alarrm en the
part of all tihe States for thle bill applies alike
to all of tl:em, as well. as to those that have not
ben engaged in r ebe!!in.
It ray be assumed that this authror'ity is
incident to the powxer' granted to Congress by
the Consti tutin, as5 r"2eentlyV ameniidcd, to eni
force, by' appropr~ate lesislatiorn, the article de
Celar tha t "nleithrer slavery" nor ivolunitar'y
servirtude, except as a puni:.Th mernt foir crrme,
whereo.f the party shall hav'e been duly con
veted, shall exist withinr tire Uncited Statr's or
any piace subject to their jarisdwoon.a' .t
cao, howver e, be juostly' claimed that, wit
a viewx to the efn'ocement of this article of
the Cons: iitin tee is at pr~esenrt ary ne
essity for the exercise of all the p)owers
which this bill confecr5.
Slavery has been abolished, and at pr'esent
nowhere exists within the jurnisdiction of' thre
United States ; nor hars ther e been, nor is it
likely there wxill be, any attempt to revive it
by thre people of tire States. If, hmowvxer, any]
sch attempt shrall be made, it will then be-1
come thre duty of the General Govcrnment to1
exercise any anid all incidental poxwers neces
sa'y and proper to maintain inx'iolate this
rat constitutional laxx of freedom.
Th'Ie fourth section of tihe bill provides that 1
offcerns and agents of the Fr'ecdmran's Bureani
shall be empowxered to make arr'ests, anid also 1
thant oth)er otmiers may be specially 'onlilnis
sioned for that purpose by the Preside'nt of
tie United States. It also authorz's Cir'cuit
Courts of thre United States and the Supri or
Courts of the Territories to appoint, xwithiout
liitation, comrmissio',ers, who arie to be j
charged with thre per'formanee of quasi judil- I
ial duties. '1he fifth sect;ion empo ""rs thre I
comisusioner.s so to be selected by tihe Courts
or miori sunl :nlhe persons, mri ti!, to tillC,
to execute warrnuts and iother procesm de
srrihd by the bin. Ths rumwrons omeal
-nt1 are mnade to con stitute a sort of olice.
in additin to the milit-ry, andl are authorized
to svinunon a pa coma , and even to call
to theur ild su1 portion of the land and naval
forces of the Unitcd States, or of the militia,
"as inmay he necess:lry to the per formance of
the duty with which they are charged." This
extraordinary jower is to be conferred upon
agents irresiponsible to the Government and
to th. p.ople, to whose number the discretion
of the co a missine rs is the Cnil linit, and in
whose hands such 1an0iity mnight be nide a
terih engineof Xwrong:a, oppresjon and fraud.
The general statmcs regnb'ing the land and
naval f"rces of the 1 i Stts, the mdlitia,
a"d the exeention of the hiws, are belivei to
beade'inate 4 -very emergency which can
ccur i time of c 11 it honld prove
othe[ nisv, Congress C5 n , at any time, m1'end
those laxs in SUch1 ima:. ner a, while subserv
ing the pubuic elf-e, not to jepardlue the
rights, interests mwi lihrtic- of the people.
The saventh t ti i pymidvs that a fee of
ten dtlhars shall be pail to eavh commiksiuner
in every case brought beore hii, and a fee of
ive (omrs to hiis deputy ur deputies "for each
person he or they TnY arrest and take befhme
.mv such conumi,.ler,ie" "with such other
fec as umy he deenimel rea:sOn1al!e by a,!y snuh
crmiswsier,'' "i u g leer fAr e ilng
such other dies as iay he requirud in the
premises." All these fe-s are to be "paid
uitt of the Treansiry of the United StateS,''
whe:thler there is a Convictill or not ; but in
case of conviction, they are to be rtecoverable
from the defendant. It seLms to me that i
der the influence of such temptations, bad
ienl ight convert nny law, beowevvr benifh
cent, into an instrument of persecution and
In the einhth section of the bill, the Uni
ted Stlts C;irts, I hich sit only in one place
fir white citizens, mist migrate, with the
arshal and District Attorney, (and necessa
rii with tie clcrk, altioull he is not men
tioled,) to any part of the OitW iet, upon the
rder of the Pre:ident.aml there h,lI a court
''for tIe purpose of the more speedy arrest
and trial of persons charged wilth a violation
i* tihis Act ;" and there tile Judge and tle
JIceC's 1f the COurt Lu:t reiain, upon the
order of the PrQsident, "for .he titm therein
The ninth section auithorizes the Prcsident,
:r sucli person as he m-nay empoxer for that
purpose, "to employ such part of the land and
naal forces of the United States, or of the
militia, as shall be r evessary to prevent the
vi and Cf,mCee thei due exection of this
Act." 1his ianigu,ge seems to imply a perma
near ;iitry force, iht is to be ahvvays at
ba v. : n h.se ollly h,.,ie is to be tie el
forTen:t f this measure over the vast rcgion
where it is intended to operate.
I do not propoise to consol-r te policy of
this bill. To r:e, the details of the bill seem)
rn4ht with evil. The wh;ite race and the
lack race of the Si uh have hithcrto lived
igether under the relPtion of master and
:ve-capital owning Inip. Now SuTdenlY
hat iehTion is chaugYd, and as to ownership.
:it:, nd labor ire divorced. Th1eV stand
o eac umXC sttr of ilf. In this new rn
ilin, oneI bing~' neessa-yV to the other, thle: e
vil be a neXw aijut:me~nt, Xn hilh both are
leeply i nterested in malkinig h'ar'moni' Is.
ach ha us eu tal ptwe inT I)settlin g :he termls,
mdl if left to the haws that reguhlat e capi tal and
shor, it is cIPlonidenty believed thIa t thley wvill
ti.factorily worIk oat theC 10 polem. Calpi tal,
t is trueid, h'aIs more inItelligce ;C but llbor is
ever so ignmiant as to not under'stanld its own
utereste, n>t to kniov its own 1 vainIe, and not
ao see thait ca;ilitamst p:ay that value. Thlis
il frustrates this wijnstmnt. It intervenes
ectIX een p ital I and I lbor, and at teml]pts to
et tle queI s tions Iofl pli ital e con Iomy] thromughl
he aIgenlev of unmaerous (lffh-lalS, whlose 1iter
t it Xwill he to fomlentt diwordt( between the
o:tales; fir, as the bre8t'h widens1, their emi
ItIvmenlt will ConltIlnO, alnd when~T it is closed,
heir occulpatj.-n wXil tenniite.
InI all ouTr t,i.stor, in all our! expeier.ce as
?ipople liX:g Unier Fedieral a;nd State barw,
0 such sys:em] as that contem~nplated by the
.ltilsl (if~tis bi!l ha:;s ever before beenI pro
io'd (or ad 'ped T i hey estah!hSh for thle Se
mi ty' of the coloredc race sa feguards w hich
t o i li1itely b''yoind aniy that thle General
qovernmen]Clt has ever providled for tile whlite
'ace. n fact, thle daict ion of ra"e andi color
l, b thle hilIl, l maC to oper'ate in Ifavor of the
oliired, l and agait tile white race. They
terfereX with tIe [nIlmici!al legislatiion of thle
~tates, wi:h th*e r e ons existTing exclu.,ively
2tXXeen a State TImi its ci tizenls, or between
heC inlhabitants of theC samlIe State, jin theC ab
.Ortionl and assumlfptiont oft pow\Xer by the G-en
?ral G,overnmieat, whfiebI, if aCciliesced in,
blst Stip anid deCStroy Ourn federative system
f lmitedl poweCr5, alinbeaIk downXf the bar
-eis whiich phre>erXe the rigl ts of the States.
[. is another step or rath;er stie totards
etrailizatio 111ntld the contattltion O- all legt.
hitiveC power' inl theC Nationial Giover'nment.
hIe telnd(ene v (of the hIllI mu11st be to resusci
aC tile spirtit of rebllion and to arrest
he pr iress of these in;tiuences which arc
''re eliSelv drawin'. around the States the
My one iad '1 plriecssor, in is pr'oC!ama-f
.Ionof the 1"ttf~ Jnary, 1 F', ordereCd aind
le'elrecd tha:t all ner"on1~hl;' as slaves5 wXithini
- tain Stalte an par1ts of States thlerein die
isae,were, and thentceforwXXard should be,
e - and fu;rther, that the Executive Govern
army and nava~il aulthoirities thlereoif, wvoubIl re
:oi' nie andiIi uilnt inl Lthe freedom of su1chl per
:ot5 s.lThis gniarantee hast been renldered es
seealy oligat'ry and sacred by tihe amend
en t ofi tile Constitution abolishing slavery
brughout the United States. I thlerefore
'nlly~ recoerrize the obligationi to proitect andl
TCefend that Class of our' people whenever and
Xberever it shall become nlecessary, and to
e full extent, co[mpattibi!e with the Consti
ution of thle Uni ted States. Entertaining0
hese sen timenats, it only remlaion ornm to
*ay thlat I will chieerf ully co-operate with Con
reCSsIl i nyleasurie that may heL nie'cessary
01 tIle pr Ltction of theC civil rights of the
echn1n ais well as those of all other classes
If persns11 thlrou:ghout the United States, by
udcial prom , ndr equal and impartial
:Iws,l i oformTity wXithl the provisions of the
cderal Constitution.
I n'ow return the bill to the Senate, and re
resolunins-fortv-two In number-which have
bee" thus far submitted for my approval, I
ami comipelltd to withhold my assent from a
seend meien.-ure that has received the sanction
of both Houses of Congrezs.
W.AFINGToN, 1). C., March 27, 18606.
The Catholic Church South.
The Right Reverend Bishop LyNcH,
of Charleston, was recently in New
York for the purpose of soliciting aid
from the Catholics of that city where
with to rebuild some of the Catholic
institutions destroyed during the war.
The Bishop spoke at St. Peter's
Church, in Barclay-street, and was
met by a generous response from the
congregation. He also delivered an
elo(uent discourse at St. Andrew s
Chlirch, in Duane-street. The follow
ing is a synopsis of the Bishop's dis
course at the latter place -
My Eiarm:pN: The coming of Christ our
Lord upon earth marks an era in the history
of man. It marks a battle which had been in
progress for nearly two thousand years. Up
to that time evil had prevailed among men,
but the children of Adam forgot their fther's
pushimnent, and it required ihe deluge to
purify the earth. The children of man bore
with them the signs of fallen nature, but they
soon forgot them and plungPd into all manner
of iniquity.
Few men then worshipped the true God.
These men, such as Job and Melchisedeck,
were among this class; but the whole mass of
men were adoring false gods and following
evil ways. Up to the time of our Lord men
had failed to battle again.t evil, or to do much
gond. The twelve poor fishermen stood in the
polished cities of Athens, Greece, and Rome,
and their accents conquered philosophers and
others, w ho followed the pursuit of science.
A new phiiosophy arose which, if schooled
properly, enabled men to enter the Church.
Although they were opposed at the time,
these poor fshermvi were successful for a
They induced men to give up the ordinary
callings of life in order to obey the word of
God. Said an ancient writer I "We Chl is
tians are but:of yesterday, and yet we fill your
armies and ships." Soon the Christian church
was spread every where, and men were brought
up in accordance with the light of truth. fg
norance and evil have been receding before
God's holy truth. This has been wrought by
the hand of God, but by what means ? By
MIeans of hiis church which he establi.,hed for
the Christian world. Under the old law there
was no church, but each father of the family
was high priest of that family, and there was
no boid of union; but Christ estabhshed a
Fold into which all might come, and he prayed
that 1ll his Followers might be one ; one faith,
o,e Lord, one bap:isn. Ile established in it
an organzation as in she body of Lman, 4very
por tion huaving its own obligations and its own
sphere of action. Hence it was that victory
was obtained. By the teaching of the church
nations have received light and strength and
Eighteen centuries have seen her in the
world. For three cenlttries the Church was
persecnted almost until death. Who can tell
how much the Christiamn suffered in those
days-hzow many driven into dungeons ? howv
many were put to death by every torture that
man's ingenuity couild devise? Some were
tied in sacks, while others were tied to horses;
others were smrothered with pitch and put to
death in tlames, Uut there stands yet,
giving praise to God fo.r the v. leprosy that
has been taken from Christianity.
But there came a time when the Church
battle, tirough her doctors, and through her
councils, at Nice, winning victory after vie
tory ; and she still continues now to strength
en our wveaknesses, and disclosing to us a
bright glimpse of that glory to which God
detines us, if we he true to His laws ; she
stands in the world a miracle of history';
stands, because she is and established by
Christ our Lord. She will ever continue,
even to the consummation of the world. Yes,
she stands, though the Roman Empire has
passed away ; she stands ever Lhe same, be
cause she is not of this world, but of the king
dom o)f Gaod. Hie need not refer to the recent
events that have just closed to show that
men maiy diff'er, nations may crumlie, but the
Catholic Church never. 11er rites are the
same in China as they are here ; and although
the ministry there may not sp3eak the same~
tongue, they will celebrate the wholy mysto
ries as they are celebra:ted elsewhere. The
Church has~a kingdom of heaven. She was
born of God. The first p)ractical work of the
arly Christians was to aid one another ; to
aid the widows and orphans ef the land. The
dearest letters which we have beside the Gos
pel itself, were through an ancient bishop,
which were sent in acknowledgment of these
The reverend bishop then referred to the
education of the p)eop)le of his own diocese,
ad said he had comne to plead their cause to
their brethren of New York. They had al
ready heard of the condition of things in the
outh, but they should see them to appreci
te them. lie had conme, therefore, to plead
he cause of Jesus Christ who had taught
harity, and who had made it incumbent on
s to aiid one a::other. Sh:all I rehearse the
ad story of all we have suffered ? I shall not,
fr I miight detain you too long. The first
Ishop of Charleston had obtained an. enviable
eputation, and they were all famailiar with the
istory of Bishop England, who had done so
uch for the Catholic Church. There were
ut two priests at the time in the diocese, and
w'o strangers who were abiding there for a
hort time. They labored assidiously for some
ime, and most of thuem had heard of the suc
ess with which their labors were attended.
Bishop England had earned a name among
he Catholics of the world, and he deserved
it, for lhe was a noble man, There lived no
son of Erin truer than he, and whose heart
ould not throb with sensation when he heard
ie name of Bishop England mentioned. But
he is gone ; he has at last been laid in the
of vast proportio:is, predietiig the course
which the Catholic Church should take in
this land. But there caine another who la
bored, with great sUcccss, for eleven years,
and who ended his ife, worn out by his in
tense applications to his duties.
It then pleased Almighty God to select hi,a
(the reverend speaker) unworthily though he
considered himself. De h.id been taught by
side of the first, and now he bad little more
to do than to follow out the plans they had
ut.dertaken. How promising things at the
South looked even six years ago, when the
Bishop of New York, the lamented Bishop
Hughes, came to Charleston for the purpose
of regaining his health. Bishop Hughes had
given him counsel and advice, and it was not
the first time he had done so, for he had beet
a father to him in the Church. The reverend
speaker would tell him his difficulties, and
when sadder days came he knew that Bishop
Hu,hes would not cease t.at interest. And
at his last visit how fair things looked. Then
this speaker was engaged in building churches
and other religious institutions which were
destined for the service of God and to bring
souls to Heaven. But how do things stands
now ? The Cathed:al, once so magnificent
is now in ruins. The Seminary, too, is in
ashes ; the Boys' Asylum also. The Free
School for poor children still remains. The
Convent cf the Sisters of Mercy is shattered.
The girls' sc ool is also gone. Three of the
churches were in such a condition that the
people could not enter them save at the risk
of life. Others are stripped of every thiing.
Ut ers, again, have no altars and no s-ats.
But there are still some churches in Charles.
ton of which the reverend gentleman could
trust himself to speak. But why go over this
list of asylums and schools ? for what wa-s it
that was not lost ? Every day men were ap
pealing to him for aid-old mren-, who pray
that they may be given a church in whlch to
worship Gad.
Eot, said the speaker, feelingly, what can I
do, stripped of everything? I try to help
them, but ruin and desolation has swept away
everything. When I think of what had been
built up by forty years'labor, and look around
ine and see what is lost, what a work there is
before me, I feel sad almost to despair. But
what can I do? But, please God, a Bishop
cannot despair; and I will again commence
the work in the name of God. He would ap
neal to the Christian heart of his brethren,
who are one with him in that fold. Therefore,
said the spe:ker, T have come to you; my b;rcth
ren,and I come % ith confidence, for I know that
you love Christ here, ir tLis holy church, and
remember that when I plead her cause I also
plead yours ; and I conie, too, with the great
er confidence in your kindness, because of the
favors which your Archbishop has given to
mne. I know that his promise will be made
good-I know that it is made good. I came
here also on the 'ind invitation of the clergy,
and especially on that of your honored pa,tor.
The speaker here alluded to the circumstances
of seven poor Sisters of Mercy who had been
four long years ii the hospital, amiong the
sick and wounded, and who had been here
and received the generous contributions of the
faithful. He hoped that the .dny would yet
come when he would be able to repay the
generous aets of charity and kindness w%-hich
those Christian ladies had received. The rev
erend bishop theni closed his remarks by giv
ing his hearers his bles-sing.
The church was crowded in every part, and
the sermon, of which the abovc is a mere
sketch, was listened to with a'tentiorn.
Tun; B.ALTIMoRE Faia-T1he ladies of Balti
more, not only in the devising of the magnifi
centjair which comrmenrced ini that city -cn
yesterday, for the rehief of the poor of the
South, but for the past four years in adminis
terimg to the wants, and relieving the suffer
ings, of Confleder'ate soldjirs, have worn for
themselves a name and reputation for human
ity and generosity that will be banded down
to future generations and claim their gratitt:deu
end honor.
But this fair will be one of the most mag
nificent things of the kind ever held ini this
country, and probably will be the most pro
ductive in its pecuai:lry results. It will be
held, as we le rn from our excharnges, at the
largest hall in Baltimore, th:at of the Maryland
Institute. T he ar ticee' for sale or rafEle are
such as, by their value and importance, will
astonish any but those who know well the
charitable hearts of the people of Maryland.
One wealthy gentlemran has presented to the
fir a handsome estate, valued at $15,000, and
a large stock-raiser has sent in a milk-white
steer, which will be ramtiled at $10,000. Be
sides, there are horses, caritages. and every
imaginable article of use or ornament, the cons
tributions not only of Mar') land, but uf many
of the Northern States.
It is thought that the fair w ill realize be
tween $80,000 and 100,000, and that it will
be divided among the Southern States in pro
portion to apparent neces.sities. God bless
the ladies of the Monumental City.
([Columbia P,oeni:r.
Glr.. Srxw!n; D). LE:.- A correspondent of
the Memphis AralancAe, writing from Artesia,
Missis,ippi, says that General Stephen D. Lee,
formerly of the Confederate army, has leased
a large piantation, on which lie employs mno:e
than fifty freednien. Genera! Lee is of the
opinion that cotton growing for the next four
or five v'ears w ih be most lucrative. He does
not spe~ak favorab!y of emigration to Mexico,
remarking that though from experience he
knows the Mexicani soil to be most f'etile, he
ad learned .sumleiertly the character of the
Mexicarn people to convyin a him that revolu
tions were as natural and inevitable in Mexioc
s eruptions in Mount Etna or Vesuvius. lHe
encourages all lovers of peace to remain at
ome, and by honestly adhering to the suri
port of President Johnson, and by strict con
ormity to all laws and prcelamnations, endear
r to regain the political rights arnd privilege;
ost by the rebellion, and restore the prosperi
tv~ of the South as speedily as pc.ssible. Geni.
[ee has set a good example, and, like the Lees
ard ,John,tons, of Virginia, is affordirg an ex
mple of good sense and personal industry
which is worthy umiversal mtuitation.
The consumption of wines in Great Britarin
ast year reached 1,000.000 gallons per monrth
-ju~st double what it was before the reduction
of duties.
Tlhe Old and New School Presbyterians of
olorado have united in one body, to be styled
th 'Pre-shyry of rcThrado"

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