OCR Interpretation


The national Republican. (Washington City [D.C.]) 1866-1870, April 20, 1866, Image 1

Image and text provided by Library of Congress, Washington, DC

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn86053571/1866-04-20/ed-1/seq-1/

What is OCR?


Thumbnail for

x-'VjC
;m MAWm. JtETOiCAtf,
' ? I'IsJ'I
THE NATIONAL REPUBLICAN
A xiEtil wvww ytwf
. ' ijr j A
rUDUBIIBD ' DAILY.
dliuTei "MTMVrUMrifse. HUM-
i!.! ', Uft .- irti.
Jdvortleoeioate? ! " (.eerttea.
ale, For w rtnOettt. of Waate.Ior
peraeeientf "i,?aelaeerUoelli aiu
dveru he.eaeUtale ft oeaer..
'HMt"i ek.el be keeled U before ilu
r I
rnbroBAiB.
irarJam
'X-B f"BBlnrk a ..
m
PUBLISHED DAILY.
TBI kUTIOaUL leTtTBLICH
lo .aollohed every aaerelar (laadaya exeerte.) by W.
1. afoarao. Co., STe. (It laik etroet.'aae' la raralaket
to flabcerlbors (by oarrlore) al TSeoata per aaoala.
Kail sabeorlbera, M-00 'per eaaaaa KOO for ant
saoatks aad 93. 00 for three aeeatke, 1 aeartaofy tie o4
eaaoo. Wre Mplo. eaa jeer, f3& CO.
Male eoploe, 41 oeale,
tin WMKiTiuTioirit urviitoiti
U rahUekei every TrUey Baeralag f One eof y eaa rear,
Hooi Three eeftee .ae year, $&,00; Tea eeytoo oa
year, SUOO.
VQL.VI.
WASHINGTON CITY, D. C; FRIDAY MORNING. APRIL 20, 1800.
NO. 122.
FFIOH OP THE CANAL BOAPJ).
?Ir"i!r "."' 'S ""'" ' ' ini'i oaeo, city
il '"lll,Sa.n 0.,lUllli.,8.togDlT!lhSBI
rot ronher urorner,o'. ,PJ,iy a Ike bin'i oatt.
Elcila.RO WILtlCU, Mayer,
JUKDOLPU COILS,
. VTater Boilatrar,
Wkt rOESTTH,
City SerToyor,
David nirBtmii.
Ceaal Cenualaeloaer,
WH. D. Will '
aols.ood'j.
Late Caael Coamtaafonor,
all Board.
pR.Or08ALS FOB BEWEB.
ailLKD PKOros.U will . raeeWod ay lb. aoaor-
efiprllaei,fortke bajidla, of a Tbree-foot Barrel
Bjw.r, (laoloo diameter,) the walla In bo aloe lnebae a
tblcsa.ee, la K atrool aortb, ftoaa Tklrteoatk U loaf
teeatk otnel weal, to eoeaeel wllk Iko oeworaow betaf
ceaetruilod la roorteeath Htoot, la eeeorteaee wllh laa
jl approved Jety 37, IBM, to kavooao llaa.hore wbore
tho Comtaloalooero of tbo Second ward aaay dire.
Bidden will otato tbo price per Uaoal foot for Iko
Sewer, wkl.k .ball I. .1.5. all KoavMloeaT ......
for Ika real of Ibo Maa-bol., tho eeooofalWor or
blddora to bo reopoaelbla for all danagaa doao te laa
r wain plpee, or eaoaad by tha olemeato.aad tar la.
elleatoeaaeedlatbeeoeatreetloaor Ik. work.
Tbo rlabl to ioolua eay or ell prepeaale, aaoald II to
r.""Jtd 'auraatof tMKrporalloalodoao.lo
f paoltealloaa eaa be see. It Ibo elee of tba Cental..
1 'V.V """""KjarTdar bolwooa loo'elook
a. to. aad li m. ; or at aar tlrao br eaUla, oa Ibo
ComtalaatoaororibeSaeoadWerd. "'
Keeo bat praetlni raoobaaleo aood bid.
,,.,. Jia. w.triLDiifa,
apia.dld CoaiailaalOBOr Boooad Ward.
"pitESU 11KKF AND VEQETAULES.
a att Dtraaraaar.
aaar, )
ucaaau or raoriaioaa ava CLoraia
IpHIU. 1M.
""" rHOroaaLa, oodoraad 'Troaoaala for Traak
... i.(.iaoi.a,
will b realrif tl tbU Dirtta
mtll t o'cliMk p. m, , n th Utk Hr of IPRIL. IbiL ,
for thffppi7 of twtilr.lrt Ibonitad poaidi ( Vmk
t.blti, t th Wwh.toa, D. a, Ntrr-Tftrd ud tU
aattAtat
uona., with ipproTtd itaTUr,
Ul b rnnlrd Ik
. ... .a tnniHa kaoiBI ojiv- ..,:.-. ..a
dioaii or m pTnBi Ion Wj, k.iu.ii.i ....
."!".! P1 "i .l 1- fU OOBOllird With. '
n Lfcf-.i tcfoa.pBalad'bTaw
goodaadaBOcla- waia. lororalih lha irticl.i
Ifirnaf ....... ........
wmta
Dortjona.
mr,tA -(... win, I. w Dtr Did DO M
JSJl? in01'-i nnilH, lo roralih th uUeiw pro-
,.. .wiiim roiiiwifw iirmii aecompan
U.LtZ reamnttt and by tnttMaetorv nUUnc Ikat
iV, , a vff-af dwI-T ( tht arUeU propotdt a
, Ji litnnt rtqvtrtd fry law a Otmru.
&itJTVpor fnllt k rA4iWfwa.f tialiiM.n..M
e.-A a - ..w -- .--..- -,. -vvv
iMIal
Mtd.and
fb DPrxrlmBt - th rlnht to mImI tar bpa.
fOMt BOl MMldtrad ftdTMUf fOB t th OOTtrtBltBt.
mpU-dlOt
l)IlOPOBALSFOn SKWKR.
t MitoE'tOFrici.iprlUO, Il8.
Propoula will b m..Ttd bj lh mndtnlgtaad qbIIIU
o'clock m. , oa FRIDAT, ipril KA, Tor baUdlBf """
la I Btroot lurtb, btwaB 81 it, mad SavtBth Irotta
wtat, to ooBsect wlta lh nwr la Blxlh tri wait,
Tbo aawar wilt bo clnvlar 1b forra t Ita laaldo dUmo
tr will bathraa faat.thtwalUBlaa laehaa la Ulckiaaat
trla I M.I J A liAllAaa attaa -.... Ill .!...'
old bottom of tbo Mwor la Sltlh atroat, tad raa paral
T"7 -- " vt iui wwwmw win iguotim e igi !
ii wiib praaaai mti oi i tiraat.Bi t, captb ot asonl
ii iw, ig ibo la.ida tx) t ton ot ibo aawar.
Hlddara will atala tha uric oar IIbmI fault at th
war, whlckabBlIlBcladaalloxCBTBtloBaaad filUair,
Uo BBecoiafal blddar or blddora to bo raapoaalblo for all
dtrnkgaa doao to tbo water or f aa-plpoa. aad anr aail
4aot caaaad U tbo eoaitruct'oa or tho work.
Tbo right to rrlacl toy or all bids will b raaarTcd.
BpoolDeitloBaaoBbo aoan althoComB.laaloar'iroU,
una, bfoalllBa; tbo ConmUaloKOt ot ihi Foartb
vard.
WAILES i.MAUrBZLh,
Connlaaloaar Foartb Ward.
J0S11I1 KIUKX,
T. D BEOWlf,
Aaalataat ConnUaloaara.
apU.wrntn
AYOll'S OFFICE, AVASHINOTON,
Joir tn.
rBiiia,iewj. rropoaaia ror fraaiag bba par
i CBriiaarawar of Blv.h urui mi tmm ih
nortb aldo of II atroat north to tho north aldo of L atraat
north, will bo rocalTad at Ihlo offlco usilt IX o'clock m.,
IIONPIY, April tbo S3d, laata&t, with atoBoo almllar to
tboao aaad la pat log t itrtatf Ibo atoaaa to bo not orar
Igbtor laaa than flvolncbaa la dlauaUr.aad aayaa
lachaa dap.
Hlddara will atalo tba prlco par aqoaro rant for paT
Ibk aud par coblo yard for cradlBft tho pBTlag to bo
laid oa a bad of paro f rovofotghtUobaa doep, and four
iBCboaoraharpaaad oa top of tbo gravalt tho paving
to bo wallramnad thrao tlma wltb a alaotr-ponnd
rammer, and to bo wall watarad beforo bolic ram mad
tbo lait tlma, and lhaa eovarod wltb ooarao abarp aand t
thowholoio bo doao to tbo oatlra laturacUon of tbo
Con.mii.lcn.rof Ibo Koarth ward, nd jh, n.uunt
ComtnUvloaora. Ho bid will ; ratal t ad oolaaa tho
T ii . p" ,7W to do roiponaihio. The
" V" "J ? ' olda la roaaryad.
All tba old cobbl .... ...iaAi...
ton to U tb P'or-.rtT of tba CorDoratloa.
JAMES J. CAMPBELL,
Commlulonar of tbo Fourth Ward.
C1UB. H. DTKKUHLI,
JAMBS BOWEM,
apU-ThSlTotd AMlataatCommlialoaara.
pitOrOSALS FORMAIL BAGS.
Poat Orrica DiPABTaiiT, (
WianiauTOM. D. C. . April IS, lo6
BBALKD PSOroSALS wlU boraoalfad at thla Depart,
inant onttl also o'clock, a. m., tha 4th day of Joao next,
for furalahlng dorlag tbo parlod of ono rear, from and
after tbo lit day of Jalr, ISM, aneb qnaBlltlaa of tho
following kind of Mall Bag aa may from time to tlma
bo required and ordered, to wltt
JUTE CAMVA8 MAIL SACKS.
Of alia No, 1, 41 lachaa la laoith and OS locbee In clr
cuufereacot of ano No. 1,41 lncbeo In l.ugtb aud 48
lachaa in clreamfereaco) of alio Mo, 8, 32 lachea la
lenirlh and 3) lnebea la clrenmferoaeo.
Tnoaauka of alio Mo. 1 are to bo made of cloeetT
woven Joto caavaa, weighing not loaa than aUteen
vuoeea to tho yard, of 31$ Inchoa la width i tho yarna
of tho warp to bo oacb donbtod and twitted, and to
weigh one onaco to aboat fifty yarda, and of tbo filling
or waft. If not Ilka (bote of tbo warp, to weigh ono oonce
to aboat eighty-five yarda.
Tboaaekaof kliolfo. Sarotobo made of JotocanTaa,
weighing not laaa tbaa eleven ooncea to the yard, o' ti
Inchea width J tbo warp aad weft to bo nearly aa above
deacrlbed.
Tbo aacka of alio Ho. 3 are to bo made of thinner Jnte
canva., weighing not leaa than four and a balf oanceo
to lie yard, of lSVtiJ locbee width.
Tho.o of eliee Mo. 1 aad Ho. 1 are to bo made wltb a
tabling or bam at tho top two loehea wide, apoa whleh
aantllelcBt nomber of eyelet bolee at laaat tea to tba
former and olgbt to the latter are to bo well wroogbt,
and they aro cash to bo provided wltb a good and aoffl.
rlenl tieup cord to laco and lie tbem tborooghly and
etroagly, Unle.a aeamlee.. they are to bo made with
two aeama, eaeared eash with two rowa of aawlng. All
are to bo marked lmldo aad ontaldo United Btatea
Mall, " la large and dlaUnct leltera.
Any propoaed Improvement that may bo d titrable la
tho quality of malarlala, whether of Jnte, flax, or cot
ton, or In tbo matter of oonetracMon, will bo oonaldared
relatively to prlee la deciding Ibo lowoat and beat bid.
Bt No vropoaal will bo oonaldered If not accompanied
with epoclmeno abowlng tba ooBalractloa and quality of
materlala and workmaaehlp of oaah alio of tbo aacka
Dia lur, ana aieoawnuea gnaraatr iron toe poreona
propoaed aa anretlee (who.o leaponitblllly maat bo ear
I! Had by tho poitmuter of tbo plaeo where Ihey roalda)
that tbey will become re.pon.lLe oa an&elent ooad for
the due performaaee of Ibo contract la caao each pro
pnial be accepted.
Tha aacka contracted for are to be delivered at tba ex
penae of the contractor, at Boaton, New York, rhlladel
phla, Baltlnoro, and Washington, D. 0, , la each qaaa
IuUm and at anch tlmaa aa mar bo ordered.
The eiUtntted qoantlty reqolred will probably not
oicaed thirty thoaeand aacka, Including all alieii bnl
tbo roitmaalerOaneral will raaervt tho right to order
and receive more or leaa than ancbqaantlty, during tbo
term of tho contract, aa tbo waate aad laureate of tho
aatrlea mav utm ia him to demand.
The apaclmaBa unit be delivered at tble Department
on or before tbo 4th day of Jnno next, and every ono
eabmttled eboaldbewell and dlitlnetly marked wltb
tbo number denoting Ite alia, and have attached to It a
aampio oi too cioin or eaavaa (.aix .acnae aqnaiei oi
wblch It la made, bach aa eaa with eafety and oonva
ntence be nied la tho tervlce will bo paid for at tbo
prlcoe ip.elo.d la tbo propoaaln reUUng tberoto.
A dec. ilon ob tbo bfde will bo made oa or before tbo
Bib day of Jane next, aad tbo accepted bidder will bo
required to enter I a to contract, with anfflcleat bond aad
tee u r It r. oa or before tho lit day of Jaly, 16o6.
Mf Tbo propoaala ahoald bo treat ml (tad la a caaied
b vatope, and oodoraed M Propoeala for Mall Dage, ' ' and
beaddrctaed lo "Tho Btcond Atilatant PotttoaatarOea
oral. Contract Ofilce. vTaahlngton. D. C. ' '
' W. DMNIBOIT,
apHw4w Teatniaator General,
E
DWARI) LYOKTT,
B00E.BIND1S AND P APIS-ED LIE,
No. 371 PenntylvanU avanne, between Tenth aad BUv-
Dlam rlHerH( rtUB.at (111,
Booke elegantly or plainly boaad. Porlodlcala aad
Nawipapera earefallr attaadod to.
0
w
rUAl'FINO PAl'EB FOB BALE AT
tko .nee el uo suit xiiTtaiu jursiiifii
Tat.
THE CIVIL RIGHTS BILL.
SPEECn OF SENATOR COWAN.
In the Senate, April 6, Mr. Cowan, of
lcmmylvanla, aIJ:
Mr, PrceMcnt, If ao arrangement can bo
trritcdiit, I propose to any a very lew words
Upon tho subject now under consideration
by tho Senate. I think that the (ucstlon
hero is purely ono of constitutional law, and
upon the determination of that 'question
properly or improperly tno late ot tne bill
ought to depend. I havo a very clear and
decided opinion of my own on that question.
I think the merits oi tho bill are out of tho
question really ; but as a great many good
people think that the bill has intrinsic merits
which ought to override the provisions of the
Constitution, and ought to become a law,
notwithstanding our want of power to pass it,
I proposo to say a few words, which, if Ihfcy are
not to convince anybody in tile Senate, may
Si to the country and bo reflected upon
ere.
t agree, and am quite willing as an Inhab
itant of ono of the States of this Union, or a
citizen, or an elector, or any other word you
may choose to use in order to designate me,
inai an mo people or IUW country skall enjoy
tho rights conferred upon them by this bill.
I have never bad any objection to that ; and
If my own State, Pennsylvania, did not con
fer all these rights, or almost all of them,
certainly the voice of no ono in that Slato
should be heard sooner, longer, or louder
than my own until they were secured. That
all men should have the right to contract, I
agree. That all people should have tho right
to enforce their contracts. I acrce. I m a-hl
limit tho right of a great many people to pur
chaso and hold real estate, but as a general
proposition I would allow them to purchase,
hold, ami lease, and to be entitled to their
remedies for tho defence of their property.
There la no donbt in my mind about thdL
uui wnai 1 wisn 10 say at me start is, mat
this bill, even supposing It had all the merit
in the world, will not bo effective to attain
the ends honed for by Us friends ; and that,
apart from that, its provisions arc exceed
ingly dangerous. 'U aiving tho question of
power, therefore, I propoen to direct tho at
tention of the Senate to the provisions of this
bill. I think it will bo found that It has not
been read heretofore very closely. Tho first
section provides that "all persons bora in the
United States," with certain exceptions which
I need not read, shall be " citirxns of tho Uni
ted States ; and such citizens of every race
and color," abd I supposo that means every
body " Shall have the lame right In eTery Slate and
Territory of tho United Statei to make and enforce
oontraota, to cue, be partlei, and give evidence, tp
Inherit, parchaae, leaae, oell, hold, and oenTey rial
and perronal property."
This portion of Iho first section confers
upon alt persons born in the United Stales
the rights which are here enumerated, and it
confers thoso rights without any qualification
and without any rcttriction whatever; and I
beg leave to direct tho attention of Senators
to tho hcxt clause, because I am suro thero
is a misapprehension upon that subject. Tho
bill ha, been taken to mean to confer those
rights as they are conferred upon white citi
zens In the several States. This is not so.
Tbcso rights are not conferred absolutely ;
and If wo look at them and see what they
arc, wo shall ascertain what may be dono with
this bill within tho States. It provides that
all native-born citizens " shall havo the tamo
right in every State and Territory in the Uni
ted States." Now, a married woman in no
State that I know of has a right to make con
tracts generally. In some of the States sho
cannot contract at all : in others she contracts
tub modo ; and in all there is a limit put
upon tier power to contract, is it inicnaca
bv this bill that it shall bo put in the hands
of any judge to decide that this bill confers
upon married women the unlimited right to
contract t Ilccauso it will bo observed that
if a married woman has a right to contract,
tho other nartv to the contract has an equal
right, for contracts must be mutual, and if
sho has a right to contract and enforce her
contract, tho contract Inay, on tho othor
hand, be enforced as against her. Now, I ask
Senators having the care of States hero,
whether they are willing to put it in the power
of the district court of tho United States, or
tho circuit court of tho United States, or any
other court ife hora tho Stato to Interfere
with regard to tho contracts of married
women.
Again, minors aro bom in tho United
States, and naturally, I supposo, minors havo
as mucli rigul to contract ad anyoouy ciso,
and tho only restrictions that our laws know
nf unon their ricrkt to contract is tho Stato
laws; but this bill is made to give them tho
right irrespective of tho Stato laws, and not
only irrespective of thoBO laws, but in direct
(leuance oi ineiu.
Sir. Trumbull. Oh, no.
Mr. Cowan. I know tho honorable Sena
tor's nolnt. and I will como to it, and when I
come, he can havo whichever horn of the di
lemma he chooses to take. I say that this
bill, according to Its grammatical construc
tion, and according to the construction thut
any judge not strongly impregnated with the
idea mala grammatica non vitiat can readily
put upon it, confers upon married women,
upon minors, upon Idiots, upon lunatics, and
upon everybody native born in all tho States
the right to make and enforce contracts, be
cuuse there is no qualification in the bill, and
tho very object of tho bill is to override the
Sualiflcatlons that aro upon thoeo rights in tho
tatcs, and to punish tho judges of tho sev
eral States for executing them. There is no
qualification as to tho kind of contracts.
I need not remind you, sir, that thero aro a
largo number of contracts which aro not
allowed In the several States, some on ac
count of noliov. some on account of morality.
and others upon account of positive injunc
tion to tne contrary. A contract in my
State made unon tho Sabbath dav is void:
but under this bill that contract could bo en
forced. A contract made against chastity,
proh putlor, is void; but under this bill that
might bo enforced.
I wish to direct tho attention of Senators
to tho artistic modo in which these important
mils aro uruwn anu paaseu uirougn tni uuuy,
because I hold that this first section in Itself,
if there were nothing more in It in tho world
than this incongruous kind of phrase that is
made uso of, would justify any executive
nflWr In rmtlinir his veto unon it. I havo
no doubt it was intended originally by tho
person who drew this bill lo make the next
phraso which comes In qualify the former, so
that tho bill would read :
"That all panoni horn In tho United Statea
ball hate, the lame rlgU in OTory State and Terri
tory to make oontraeti and to the full and equal
benefit of all lawi and prooaodloga for the loourity
of porion and property ai la enjoyed by white cltl
tool."
11 As is enjoyed." Hut you will observo
that it is a singular verb, and to tako tho
phraso literally tho word "benefit" in tho
fl
OfBaUt AdT.Ttlaame.ta U tbe ElMWtlT.
line preceding ls,tho nominative to that
verb, and supplies all that fa hooded In the
way of a nominative. I am perfectly frco to
admit that a fair construction of this section
would be to mako that second clause qualify
tho first and to take tho wholo section as
meaning that these persons should only enjoy
such rights as are enjoyed by tho white per
sons oi ne mate or territory wncre tnese
nguia aro ciauucu j uui tuav ia nut inra Din:
ills not its grammatical construction; and
when we observe, oa We do here dally, that
cavils aro mado Upon the ninth part of a hah-.
Very frequently and when we find such
loose notions preVailihg bpon tho proper
construction to bo given to tho laws, I am
airaid that a corrupt, a passionate, or a preju
diced judge, Who had some end or motive
beyond that which ought to govern him in
tho execution of hi. official dutv. would tah a
advantage of this in order to widlu tho juris
diction oi tne unitea mates CQUTtf and drag
Into them not only all tho native-born people
of the country, but to drag into those courts
all the business which had heretofore occu
pied the State courts. Is that nothiWT
Why, sir, to supposo nuch a thing possible Is
to sunnoso ah hmofrinee of our form of troW
eminent, of its frame and texture, abd ol.lho
powers ueicgwcu to it, mat is cnougu ia tins
nineteenth century to make. a man trcmbto
lor too late ot constitutional government.
Mr. President, the subjects-matter bf the
first section of this bill never have been with
in the jurisdiction or control of tho United
States Government. When did an inhabi
tant of a State or Territory, in' acontrovcrsy
between himself and ono of his neighbors,
look to the United Staled Government to
settlo that controversy? When did he lbok
to tho United State UbvMhment for any of.
inoso rignu wmcu aro usually protected ty
governments?. Never. The Inhabitant of
a State settles his disputes with his neighbors
by a reference to tho State cfiurts. They aro
the tribunals to decide those questions; and
IB tho State laws it is to bo rdferred whether
there was a contract or not, whether tho par
ty in contracting was competent and capable
to make the contract or not. It is to bo re
ferred to tho Stato courts whether thero is a
title or not, and how that title Will be evi
dented, and how it shall bo maintained. All
these subjects aro purely and exclusively
within the domain of the States; and tho ju
diciary power of the United Statea extends
only to that sintrle. solitary case where it wis
necessary, where disputes arise between citi
zens oi uuicrcnt mates, n t nave a uiuicui
tv with mv friend from Marvland 1 am not
obliged to go into a Maryland court to adjust
that difficulty. Being a citizen of Die State
of Pennsylvania, I ran take hhil iifoAncwce
Into tho district 101111 of the United State's,
oho have an impartial (as was supposed) tri
bunal there to settlo tho differences between
us. But when he has difficulties with citi
r.ena of Marvland. or I have them with cit
izens of the State of Pennsyl vania.tho United
Stales Government has nothing more to do
wltb it than the uovcrnment oi ureal un
toin, or the Government of Itussia. or any
other government having no jurisdiction at
all; and it is the same way with regard to
tho ordinary crimes and offenses.
Take all the criminal court business of the
States, and what have the United States to
do with it? Nothing In the world. Tlicy
have no jurisdiction except that which is
expressly given. They havo a right to col-
lect tho revenues, anu tney nave mo ngui to
protect the revenues. They havo a right to
coin money, and therefore they havo a right
to punish counterfeiting tho coins and securi
ties of tho United States. They have a right
to establish post offices, and therefore they
have a riirht to nunisli for robbinir the malls.
They have a right, because tho United States
Government Is the medium through which
we communicate with all roretgn l owcrs,
tn declare the nunlshmcnt of crimes atralnst
the laws of nationB, and to define them. But
with theso domestic concerns they never have
bad, and havo not now, in my Judgment,
anything whatever to do; and to confer upon
this Government that power would be an in.
calculable mischief, and ono which would
tend inevitably to destroy it by consolidation
and by centralizing everything here. That
ia tho first objection that I havo to this bill;
and that objection is that the first section Is
capablo of a construction which, if tho United
States courts were inclined to amplify and
cnlargo their jurisdiction, and draw into them
cases everywhere, would annihilato the juris
diction of tho States as to everything except
foreigners.
There is another ambiguity In tho third
section to which I wish to direct attention;
and I should liko to know from some gen
tleman learned in the law what is the mean
ing of this particular phraseology:
'.That the di.triot eourtl of the United Statei
within their roapectlro diitrlotl shall have, exetn.
lrely of the oonrta of the loreral Statea, oognl.
anee of all orlmoi and offonoei oommltted agalnat
the provisions of this aet, and alio, concurrently
with the circuit courts of too. United States, of all
eauiei, olrtl and criminal, affecting persons who
are denied or cannftt enforoolntho eourtl or Judi
cial tribunals of the State or looallty where tbey
may be any of the righto secured to them by tho
Drat section of this act."
Mr. President, could vou tell whether that
was an exclusive jurisdiction on the part of
the. United States court, or a concurrent Ju
risdiction in tncm anu trie mate courts, or an
appellate jurisdiction over tho Stato courts?
What Is tho meaning of it ? What construc
tion will a Judgo put unon it ? If tho judge
were disposed to put tho construction upon
the first section of which I say It is gram-
mat cav canauie, anu perhaps no wouiu uo
lust liable In doing so, that would draw into
1110 unucu laics couris uu uu'ivc-uoru peo
ple; it would draw Into them all that class
and character of business which havo hereto
fore been expressly and exclusively within
the control of State legislation and State
courts; and if tills is actually an exclusive
jurisdiction on tho part of tho district court
and the circuit court of tho United States,
then the' wholo is finished, the work is done;
then the States aro annihilated; then, instead
of going into a State court you will bo obliged
to i70 into tho United States court. If the
jurisdiction is exclusive, you must go there;
and, as power always tend to encroach, what
is to prevent this power from encroaching in
that direction, and what guuranteo havo you
that It will stop where vou think it should
stofi and within safe limits ? Nono whatever;
and let no man in these revolutionary times
delude himself with tho idea that it will bo
stop. If not intended to produco centrali
zation, it will as a lnattef of necessity do so
in tho strugglo which must ensuo between
the State governments and the United States
Government.
Mr. President, I do not chooso to run that
risk. If we had undoubted authority to puss
this bill, under tho circumstances I would
not vote for it, on account of its objectiona
ble phraseology, its dubious languago, and
the mischief which might attend upon a targe
uud liberal construction of it in the district
and circuit courts of tho United States.
Therefore I would ask, what Is the meaning
of this bill? Js it Intended, as tho languago
Dormrtmo.U .( the 0T.nujie.t are PnblUhed
would Indicate, that theso courts havo exclu
sively or the State courts jurisdiction of all
the coses I have enumerated, and of all tho
persons I have enumerated, or Is it an alter
native jurisdiction ? Does tho author of the
bill mean that one of the proscribed class,
before ho can go into the district court or
Into the circuit court of the Utdtcd States
for remedy, most first go Into the Slate
court and try it ? Is he to go thero to sec
whether ho can enforce his right, or whether
t shall be denied him?
Then, Mr. President and I come to that
now If that is to bo its construction, (and
that is the fairest and most charitable con
struction that tha author, oflhn lilll ran oat.
to ho put upon it,) I say to these friends of
everywhere, your remedy Is delusive; your
remedy is no remedy at all; and to hold it up
to the world us.lt remedy, Is a gross fraud,
however pious it may be. How many dis
LfiH cinniirinnipii Minrnn nil Tno pi i n. .
trict courts aro mere in me several mates
that theso people inhabit ? There aro not
more than two district courts in any of the
slave States, and in a great many of them
I think there is but hpe; and you provide
here, and nronoso it sJa jsmcdv to tho black
iiiantGointo'the State court with your
ciaim anu try it; u you aro denied or cmnot
cnforVJo your remedy there, vou can go Into
the district court of tho United States."
Now, I appeal tb Senators whether that b
not a delusion and a snare ? Of what mag
nitude will the claims of these poor black
people be, pray ? N.t ono out of every hun
dred will ever have a claim amounting to
over fifty dollars, or, if you please, say $100.
You send him to tho State court to get a
remedy: tho iuda-a decides, according to the
Stato laws, that he has no remedy; and then
you say to him, " You can go into tho dis
trict court bf tho United States." Where is
It ? Not within one hundred and fifty miles
of him perhaps, perhaps more; and he is to
go there and seek a remedy for tho recover)'
of fifty or ono hundred dollars. Sir, tho
legislator who would profess to guaranty tho
rights of these people with machinery of that
kind Is not their friend. I-et us accompany
him, if yott please, in his journey to procure
that remedy. Ite travels ono hundred and
fifty miles with his little claim in his pocket
What then ? He could hardly pay a lawyer
in these expensive times to sign his praecipe
,ior mucn less man me wnoie oi it as a re
taining fee; but let me ask what would ho
havoof it after ho contests there in litigation
with a stronger and a more rapacious oppo
nent than himself ? That is the boasted rem
edy which the Civil Bights bill now occupy
ing tho attention of Congress is to give the
African.
Mr. President, I trust I have treated this
bill fairly. But I hear some gentlemen say,
"Oh, tho judge of tho Stato court who de
cided against tho negro and who turned him
out of his court is to be indicted; he is to be
punished: ho is to Ive made a criminal and
fined 81,000 and imprisoned a certain length
of time." May I ask, sir, of what great ben
efit that would bo to the negro? I agree
mat mm wouiu uu cxcrcuuigiy uueusivu lu
tho judgo, and it might bo exceedingly irri
tating in his neighborhood, particularly if
tho people thougut mo juugo was right in
his decision; and I agrco that it might give
rise to an eternal feud there; but I ask,
wherein would thut help tho black man?
air, tho machinery or this uovemraent is ut
terly anu entirely unnticu lor me execution
of any such law as this; and why? Just be
cause this was tho Government of tho United
States, and it was clothed with delegated
Sowers to do tho things for tho United
tatcs, and which would be for their benefit,
that the States themselves could not do; and
you may search the Constitution from end
to cna, anu you cannot nna a singio uno in
that Instrument which gives color to the
idea that the United States Government
was to havo power over any subject which
the States could administer for themselves.
It was given power over war and peace; and
why? Ilccauso tho United States, thirty-six
of them, could mako war and could make
ncaco better than any one State. It was
given jurisdiction over disputes between the
States; and why? Because the thirty-six
mates could seme mcir intestinal uisputes
anion? themselves better by a referenco to
this Congress and the General Government
than they could by warring them out be
tween ono another, as was very often the
easo with tho ancient confederations and
leagues that were formed between small
mates such as ours, it was given jurisdic
tion over tho revenue for its own support.
It was civen Jurisdiction over certain sub
jects common to the whole with regard to
which tncro ougntto oc unuorin laws, uui
no lurisdiction was ever irivcn it to intcrmed-
dlo in tho concerns of tho States, and be
tween tho citizens of the several States, and
in their domestic affairs whero tho States
themselves could and outfit to afford justice
and a remedy.
liut, as l said uciore, u we nud tno power
to afford tho remedy, this is no remedy. It
is no remedy to tho poor debtor that you
prosecute his judgo and threaten him with
lino and imprisonment. It is no remedy to
the poor man with a small claim that yuu
locate a court ono hundred or two hundred
miles away from him that is so extensive In
its administration of Justice that he cannot
enter thero.
Besides, there Is another difficulty iiboift
tho execution of this law, if it ever becomes
a law. It is to secure to the negro the right
to testify in the courts. Soino peoplo do not
like to bo witnesses very well, and I am one
of them myself. I do not think anybody
need quarrel much about It if it Is taken away
entirely. Tho right to testify as a witness is
not one that ho usually prizes very highly.
He would a great deal rather stay at home
and attend to his own business than to bo
dragged to a court and hung around there
eight or ten days hi order lo lie a witness for
sonio other man. But tho judgo is to bo
punished under this bill for refusing tho tes
timouy of certain people who aro said by tho
States not to bo competent to testify.
How is that remedy to be enforced, or who
is to enforce it ? Is the negro to bo insulted
because ho cannot go into the State court to
testify, aud is ho to become tho public prose
cutor In the case and vindicate his right to
bo a witness? If any eenutor thinks there
would bo an especial advantugo in that, I
must confess that I do not seo it, Tho right
to testify is a right which belongs to tno par
ties in tho court, and if the negro is a com
petent witness, and If the juries of tho coun
try in any State or community will bcliove
him and can believe ldin, and if ho Is to bo
useful as a witness, it is tho clear Intercut of
those communities themselves to confer upon
him that right or privilege ; and I think, from
the tendency of the times, that all disabili
ties will bo removed in the case of witnesses.
I think after awilo they will all be competent:
and whatever objections there may be to their
testimony will go to their credibility rattier
than to their competency
Thero Is another provision of tho bill which,
notwithstanding tho act of Congress relied
la tbjla Pefer kr Awtbertlr ' THE a?nKBtOEHT.
upon by tho honorable Senator from Illinois,
I think, is unquestionably anomalous, and to
mo not only anomalous, but atrocious ; and
that is, the substitution of an indiotment for
the writ of error. What has been the law of
these united mates heretofore ? When an
act or Congress came in contact with State
law, and the Judge of thd Stato court decided
that tho law of Congress Was Unconstitu
tional, there was an appeal given to tho de
feated party to the Supremo Court of the
United States In order to determine the con
stitutionality of the law. But, sir, who Until
mo last lew months ever heard or making
tho liiiliro a criminal hMaHsn lio tlerlded
against the constitutionality of a law of the
tTnlfr-fl Htjlfp. 0 ("Inn vrinlH lltlnlr v. H
being Irnhsborlcd back to the dark arcs of
the world when a man la to be accused and
perhaps convicted of a crime who has done
nothintr more than, honeatlv and rnnnr.Ipn-
tlottsly discharged his duty. I knowlhat the
persons of embassadors are sacred, and I know
that it is a very high offence against tho law
of nations, w Inch no civil Judgo of any court
could Justify, to Invado this sacred right of
tho embassador, but everybody knows that
that is an exceptional case. Everybody
knows that in all times and in nil nirpa flu.
Judgo was punlshablcwhodid not respect the
in.-rauu ui un emonsaaor, tint mat is not
this case. That ahnlniry will not help the
third section nf this bill. It Is nnpnlvnvnvnil
upon the floor of the Senato of the United
mates, in the year of our Lord 1868, In the
full blazo and light of tho nineteenth cen
tury, that tho indictment is to .be a substitute
for tho writ of error, and it is justified be
causo a Judgo ought to bo indicted wlio vio
lates the sacred person of an embassador I
What potency there must bo In tho recent
amendment of the Constitution which has
foisted the negro and set him upon the same
filatform as tho envoy extraordinary and min
ster plenipotentiary of Great Britain or of
all tho Bussias to tho United States of Amer
ica, and made him as sucrcd as an embassa
dor, and tho Judgo who decides against hiin is
to be punished as a criminal I
Mr. President, there arc In tho law facts
as well as rules. No enactment in tho world
can make that a crime which in itself is not
a crime. The Congress of tho United States,
potent as it is within the rango of its dele
gated powers, the Parliament of England,
omnipotent as it is, cannot make (hat a
crime which is not a crime in itself; and to
do so Is only to convict Itself of an absurdity
which at some subsequent period, If it docs
not, it should regret. I ask whether we here
aro willing to put upon otlr statute-book a
provision of that kind ? I appeal to Senators
of the reforming school, Senators of tho pro
gressive school, Senators who declare that
their course is forward and onward, will they
do this thing?
Mr. Howard. In easo a magistrate acting
as a Judge assumes a jurisdiction which is
not conlerrcd upon aim by the law, and thus
proceeds as a wrong-doer, without any legal
rights or authority, and commits a felony or
a misdcmoiinor under the pretext of exercis
ing his jurisdiction, is ho not guilty of u
crimo width is justly to bo indicted and pun-
lsueu r
Mr. Cowan. Mr. President, that is not this
case If the ludire, under pretext of havim;
jurisdiction, wcro to do a wrong, it is not the
judgo that docs the wrong, it Is tho indi
vidual. A jnugo may uo wrong; but he
ncter docs it in tho execution of a iuw which
he honestly believes to be constitutional.
Hero it is proposed on the part of tho Con
gress of tno united States to pass a law
overriding certain Stato laws. Is that de
nied ? Will any Senator upon tho floor deny
the fact that this bill is intended to override
and set aside the Stato laws ? Why, sir, if
it is not to navo mat operation, it is to navo
none at all. As I understand it, there aro
some States of the Union I do not know
where they are, because I havo not been in
formed what States they urc whero certain
persons ure not allowed to mako contracts,
and if they did make them, (for I suppose
thero is no way of preventing a man from
making a contract,) thero is no way by whicli
they cun enforce them under the laws of
those Status, and this bill is to give them a
right to enforce thcin, to give them a right
to go Into a court where tbo judge says they
cannot go, and ho has no Jurisdiction to de
termine their causes. Now, it is questioned
whether that law is constitutional. Is it not
questioned hero ? We aro not unanimous.
Thirty Senators may be of opinion that It is,
and sixteen or fifteen, or whatever tho other
number may be. believe that it is not. The
President oltho United mates Is oi opinion
thut it is not constitutional. His constitu
tional advisers aro of that opinion, or, if they
aro not of that opinion, they should not bo
there as his constitutional advisers.
Well, sir, is it to bo supposed that that
will not bo questioned In the State courts? I
put It to you, Mr. President, whether you us
a judgo of a State court would not hesitate
in that case? What aro you to do? If you
decido thut tho action cannot bo maintained
ou the part of tho plaintiff, what then? Yuu
uro to bo indicted und punished. If you de
cide that it can, you aro to bo impeached by
your own State Legislature and punished for
taking jurisdiction of that over which the
State has given you no jurisdiction. What
is uu honest and conscientious judgo to do
there? I can very easily tell what a coward
ly man would do, a timid man, a feeble mun.
1 suspect he would shirk his duty hi somo
way; he would find somo way to dodge It;
but the honest man would decido tho ques
tion as it struck him; ho would decide either
for or against tho constitutionality of this
act of Congress; and now wo undertake to
buy that in so doing he subjects himself to a
cruninai prosecution subjects himself to u
fine and imprisonment; anil that 1 say hero in
the open light of this day is atrocious and
unworthy tho Congress of the United States
of America. I have no other word for.it
than utrocitv: so It will be stiirmatlzed, and
so it will bo handed down to coming genera-
tious if wo mako it tho law. It bus not been
heard of before.
Mr. President, all this you will observe
is aside from the muin question; and that, us
1 said before, lvinir upon the threshold of
this easo, is the question of power. Where
do wo get tho power to pass tills bill? From
wnul clause oi uiu uuusiuuiiuii is u vi
tractedl Where is it? Bus anybody satis
fied this Senator, or thut ono, or all of them,
that there Is such a power in the Constitu
tion? 1 navo listened ctireiuiiy to every
tiling almost that has been said on this
question; and I bay that nothing wortli talk
ing about, nothing worth attention on Ihu
part of a sano man has yet been produced lo
show that we havo any constitutional uuthor
ity to pass tills bill, however iiieritoroui the
bill itself may be. It is not pretended that
the power was in tho old Constitution; no
man that lias ever so little reputation would
hazard it upon that assertion. 1 have heard
it said that it springs from tho remit amend
'f there Is color uny where for it, and that I
ment iiDoiibiiuig slavery, i nero is mo coior,
roposo to examine.
What Is tho fair construction of that amend
ment of tbo Constitution abolishing slavery?
That amendment declares that "neither slo-
punishment for crime whereof the party shall
havo been duly convicted" and that excep
tion might just as welt hare been left out; it
was nut mto ine old uroinance oi 1 is, and
has been handed down as a kind of tradition
al heir-loom among tho Constitution-makers
ever since "shall exist within tho United
States or any place subject to their jurisdic
tion." What was tho slavery mentioned
there? What was the involuntary servitude
mentioned there? Was it tho scrvico due
from tha minor to his parent? Was it the
right tho husband had to tho services of his
wife? Nobody can pretend that theso things
wcro within tho purview of that amendment:
nobody believes it. It was mentioned as a
matter oi riuicnie, in some places, mat it uui
actually liberate the minor from the control
of his parent and guardian; that it did ac
tually entitle the wife to be paid for her own
scrvicVs, that they should not go to tho hus
band; but that was false. The true meaning
ana intent oi that amendment was simply to
abolish negro slavery. That was the wholo
of it. What did it give to the negro? It
abolished his slavery. Wherein did his sla
very consist? It consisted in the restraint
that another man had over his liberty, and
tho right that that other had to take the pro
ceeds of his labor. This amendment deprived
tho master of that right, and conferred it
upon tho negro. What more did it do? Notic
ing, by the terms of it, and nobody can con
strue its terms to extend beyond that. It
gave to the negro that whleh is described in
the elementary books of the law as the right
of personal liberty. What is the right of per
sonal liberty? The right to go wherever one
pleases without restraint or hindrance on the
part of any other person.
That is followed by a subsequent clause,
in which it is stated that Congress shall have
a right to enforce this provision by "appro
priate legislation." What is the appropriate
legislation? Tho appropriate legislation is
thut legislation which allows personal liberty
to the negro and prevents anybody from re
straining Jura In that liberty. Allow mo again
to refer to the elementary books. The rem
edies for a restraint upon personal liberty
are, first, tho habeat corput; and If a bill is
framed to give to tho negro tho right to the
habeas corput, to deliver him from restraints
whicli may bo exercised over him by any
body, I shall vote for that bill.
air. Stewart. H ill tbo Senator allow me
to ask him a question ? Would he not have,
under State laws, a right to a writ of habeas
carjma without any act of Congress; has he
not that right now ?
Mr. Cowan. I think so; I hare always
thought so.
Mr. Stewart. If he has that right, and
had that right at the passage of the consti
tutional amendment, what was contemplated
by tho phrase giving Congress power to pass
appropriate legislation, if not to give him
something that he did not have before?
Mr. Cowan. I havo always been of opin
ion that the Bccond clause of that amend
ment amounted to Jnt nothing at all. When
slavery was abolished, it was abolished as
perfectly by the first clause as by both to
gether. At tho sume time, however, it must
be remembered that there has been a school
of lawyers and politicians who contended that
the Constitution in itself hud uo operation,
but that it was for Congress to make such
legislation as should carry it out. I believe
that there was a school of politicians who
contended that a fugitive slave law was not
necessary, that the clatiso in tho Constitution
itself was enough, without more; and there
were others again who Insisted thut the
clause in itEclf amounted to nothing, unless
Congress exercised tho power and passed a
law to carry it into effect. I suppose that
was in tho mind of the person who drew this
second section, but it supply gives tho right
on tho part of tho United States to enforce
the first,
I say I am perfectly willing to do that I
shall not stund upon lino points with any
man upon these questions. I will agree to
any habeas corjnis law that may be passed to
rescue the negro from any unlawful restraint
of any kind. I will go further which would
bo "appropriate legislation" in that behalf;
If anybody does restrain Improperly of his
liberty a negro who has been freed by tho
amendment to the Constitution, I will give
the negro right to damages agabist him, so
that he may answer in damages to me negro
himself, and If you pleaso you may make
kidnappuig an olfence. 1 think there is a
a bill now on our table which makes the re
straint of tho negro under theso circum
KtnnrpB In lu a ffikr-eir-R of kidiinlmlnfr. T Tiuve
no objection to that, because it is appropriate
legislation.
But, Mr. President, I suppose it will not
bo pretended by any lawyer in tho world
that tho subject-matter of thut amendment
extended to anybody but slut cs. We have
seen that It did not extend to minors, it did
not extend to apprentices, it did not extend
to married women. We know that it did
not extend to anybody who beforo that time
was free. Bid anybody ever supposo that it
hud uny operation whatever upon the status
of tho free negro, a negro who was born free
or who bad been emancipated ten years be
fore it was passed ? Certainly not. Nobody
ever dreamed of such a thing. Its operation
w us wholly confined to the slave; it mado
the slave freo; it did not afreet anybody else
except tho master by depriving him of his
slave.
Now, what does this bill do? This bill,
pretending to bo based upon that amend
ment of tho Constitution whoso subject-matter
was slaves, and which cannot bo extended
beyond that, proposes to legislate for a t cry
large number of persona who were not slaves
und who wcro not within its purview or its
operation. I mean this bill purports to give
power to Congress to legislute in regard to
free negroes and mulalloes. To my mind
that is as clear and coneliisivo an objection
to It upon tho score of constitutionality as
ever wus mude to it bill in tho world. How
ever constitutional it might bo with regard
to tho emancipated slave, clearly It is as un
constitutional to all other peoplo not em
braced within that amendment. I happen
to hate conic upon a newspaper hi which it
is stated nud 1 suppose the compiler Is ac
curate that tho Irco negioes did amount,
before the abolition of slavery, to nearly half
a million four himdrcd and eighty-eight
thousand und seventy, lacking about twelve
thousand of half a million. There can bo no
pretense In tho world that wo have any au
thority to legislate in this w'se in regard to
them under the amendment to the Constitu
tion; und thut is tho only place lroiiiwrheneodicworkcllcd 1il,8elttn embroidery ono
I hsivo heard anybody attempt to derive uny , . ,,,!, -... ., .' i.i
.ii, nf A;iiitfnn,.i .thr.riiv tn nasi i h worked with canvas over tho material,
tj,js ,in
That,' Mr. President, If there were nothing
elso in it, would have justified this veto,
Apart from everything else, that alono is bo-
yond nil question indubitable; and not only
would it havo justified tho President in vctOr
Ing the 1)111, but ho wonld havo been falso to
his oath and recreant to his duty If ho had
not vetoed It As I said before, it i. not. at
question aa to the merits of the bill; it is not
wnciuer in that respect it ia right or Is wrong;
it is not a question whether its provision
aro salutary or whether they are not salu
tary; It la a question whether we havo a right
to fas it
Wo archers clothed with authority written
down. Dowers enumerated and fixed, and that
authority Is accompanied by the assertion
that powers not delegated we shall not eier
cisc. Then, If this power Is not delegated,
wo navo no more ngnt to pass uus diii man
wo would have a rie-ht to do any other un
lawful thing. It is a hundred times, greater
infraction of our duty than It could possibly
be for a judgo, who Is made a criminal under
this bill, to decide In favor of his own State
against its constitutionality. I have no hesi
tation In saying that
Mr. President, 1 1
have another obtectlon to
tho bill that is anomalous. This bill pro
vides what I think ia entirely new In our ju
risprudence, and if it is not, it ought to be;
it establishes and pays pnblic prosecutors: it
establishes and pays In every county whero
the President may chooso to appoint them,
persons who have no other office than to b
public prosecutors What Is to be the busi
ness of theso officers ? They aro to be a
obnoxious as such an officer always ha been
In every other country. They are to be to
nearly akin to tho sneak .that the ono la
hardly to be known from tho other. They
are to pry about and they are to seo that
this law is executed, and tfiat all lawgivers,
all Governors, all judges, all juries, every
body who has anything to do with the ad
ministration of the State law are punished if
this law be violated. What a compliment la
that to tho American people 1 I thought if
there was anyone thing well established hero
among our people, it was that they them
selves would enforco the due administration
of the criminal laws,
I believe thero is hardly a district attorney
anywhere all over the country who hold
himself bound to gojand pry about and seek
offences In order that he may take them into
his criminal court and bavo them punished.
No, sir ; ours has been a very different sys
tem a far more high and dignified one, and
and one of which as an American citizen I
am proud. Who by tho law has been In
trusted with the duty of inquiring whether
offences arc committed or not in your State,
in my State ? It is tho grand inquest of tbo
body of the Stato or of the country which
Inquires. It is not the paid, hired informer,
who is to get a fixed sum if he catches a
criminal, but It Is the citizens of the vicinage,
drawn, summoned, and swom to Inquire aa
to these offences, and not only sworn to in
quire, but sworn to do what the informer is
not sworn to do, and that is, to protect tho
citizen as well as to punish the criminal.
That Institution is established by the Consti
tution of tho United States, and by that
suinc Instrument it is to " remain as hereto
fore." By tho Constitution, the grand jury
and the petit jury aro out of the reach even
of Congress itself to alter or to charjgo their
constitution; and yet hero It Is proposed to
substitute in the room and stead of that bul
wark of liberty (and it is tho great bulwark
for the security of the citizen) the paid and
tho hired informer in order to see that of
fences against this bill are punished.
Mr. President, that, to my mind, Is an
other atrocity, and deserves no softer name;
und It not only deserves that appellation,
but it is an insult to the intelligence of our
.people and an insult to their institutions
that they should not bo supposed to know
of themselves when tho laws arc violated and
when one of them has been offended by an
offence against himself, that he himself is
not competent to bring it before the proper
tribunal, but that ho should be aided by a
commissioner. And I may say that if this
was intended to aid tho black man, it is a
poor compliment to his sagacity and comes
very illy, 1 think, from thoso who insist that
ho is now competent to bear a particular
portion of tho sovereignty about his person,
uud to be the depositary of a particular por
tion of political power, or in other words,
help us to vote. If he Is to havo a commis
sioner, a kind of wet-nurse to sucklo him on
into tho lawsuits and to aid him in instituting
criininul prosecutions when he himself is
offended, 1 should think, when ho is declared
to bo a citizen of Iho United States, it Is no
wonder that learned gentlemen quarrel as to
exactly what that term means and how much
la intended to be conferred upon him bv
means of it. That is not just to the negro
himself. We have a great many of them In
my State, and when an assault and battery
Is i-ninmitted upon OHO he understands ex-
uclly how to resent It as well as any white
man there. If his property is taken from
linn, he seeks the ordinary channels to ro
eoterit. lust as his neichbor. Thero Is no
necessity whatever that you should exhaust
the Treasury and overload tho peoplo with
office-holders in order to procure for him tho
vindication ot theso rights, it ho is ever to
have them.
Mr. President, I havo notliing to say in
reply to the argument of tho honorablo faen
utor from Illinois us against tho veto. In
deed, I have not heard any argument. It is
true ho says tho President has been guilty of
a great many inconsistencies ; that ho onco
mudo a speech against u veto that was sent
iiero upon ono of his favorito measures, and
he hus read a portion of thut speech. Ho has
told us, too, that the President has exercised,
as bo thinks, u great many powers not war
ranted by the Constitution and the laws, and
lias been generally guilty of divers incon
sistencies. Well, supposo wo should grant
all that, what has it got to do with tills case?
A lait is not an argument. To raise a laugh
is not always the highest effort of reason.
To show that your antagonist upon a former
occasion has Leon guilty of somo impropri
ety of conduct is not dcl'endingyoursclf. Tho
affirmative of this proposition is not with tho
defenders and advocates of this bill. It is
for them, In the first place, to show that it
is such a bill as wo have power to pass, and
becond, that it is one which it would be expe
dient and politic for us to pass. Nothing but
showing that clearly and conclusively win
operato to overthrow tho arguments of Iho
veto messogc. There they stand, calm, cool,
clear, temperate, neither crimination nor re
crimination in it; and to oterthrow, to gain
say It successfully, it is necessary to show, aa
1 have just this moment said, that this bill la
constitutional, and not only that it Is const!
tutlonal, but that it would be wise and politic
on our part to enact it and make it a law.
Kvsroiheky, Thero are two kinds of
the threads ot tho canvas being nulled away -t
when the work is completed: the other &
worked on tho material with fine black (ilk.
Mexican embroidery is likewise worked with
flue black silk. It is a button-hole stitch,
' worked very fur apart.

xml | txt