CHAPTER X.

THE CIVIL RIGHTS BILL IN THE HOUSE OF REPRESENTATIVES.

The Bill referred to the Judiciary Committee and reported

back -- Speech by the Chairman of the Committee -- Mr.

Rogers -- Mr. Cook -- Mr. Thayer -- Mr. Eldridge -- Mr.

Thornton -- Mr. Windom -- Mr. Shellabarger -- Mr. Broomall

-- Mr. Raymond -- Mr. Delano -- Mr. Kerr -- Amendment by Mr.

Bingham -- His Speech -- Reply by his Colleague --

Discussion closed by Mr. Wilson -- Yeas and Nays on the

Passage of the Bill -- Mr. Le Blond's proposed title --

Amendments of the House accepted by the Senate.

On the 5th of February, four days after the passage of the Civil Rights

Bill in the Senate, it came before the House of Representatives, and

having been read a first and second time, was referred to the

Committee on the Judiciary. On the 1st of March, the Chairman of the

Judiciary Committee, Mr. Wilson, brought the bill again before the

House, proposing some verbal amendments which were adopted. He then

made a motion to recommit the bill, pending which, he made a speech on

the merits of the measure. He referred to many definitions, judicial

decisions, opinions, and precedents, under which negroes were entitled

to the rights of American citizenship. In reference to the results of

his researches, he said:

"Precedents, both judicial and legislative, are found in sharp

conflict concerning them. The line which divides these precedents is

generally found to be the same which separates the early from the

later days of the republic. The further the Government drifted from

the old moorings of equality and human rights, the more numerous

became judicial and legislative utterances in conflict with some of

the leading features of this bill."

He argued that the section of the bill providing for its enforcement

by the military arm was necessary, in order "to fortify the

declaratory portions of this bill with such sanctions as will render

it effective." In conclusion he said:

"Can not protection be rendered to the citizen in the mode prescribed

by the measure we now have under consideration? If not, a perpetual

state of constructive war would be a great blessing to very many

American citizens. If a suspension of martial law and a restoration of

the ordinary forms of civil law are to result in a subjection of our

people to the outrages under the operation of State laws and municipal

ordinances which these orders now prevent, then it were better to

continue the present state of affairs forever. But such is not the

case; we may provide by law for the same ample protection through the

civil courts that now depends on the orders of our military

commanders; and I will never consent to any other construction of our

Constitution, for that would be the elevation of the military above

the civil power.

"Before our Constitution was formed, the great fundamental rights

which I have mentioned belonged to every person who became a member of

our great national family. No one surrendered a jot or tittle of these

rights by consenting to the formation of the Government. The entire

machinery of Government, as organized by the Constitution, was

designed, among other things, to secure a more perfect enjoyment of

these rights. A legislative department was created, that laws

necessary and proper to this end might be enacted; a judicial

department was erected to expound and administer the laws; an

executive department was formed for the purpose of enforcing and

seeing to the execution of these laws; and these several departments

of Government possess the power to enact, administer, and enforce the

laws 'necessary and proper' to secure those rights which existed

anterior to the ordination of the Constitution. Any other view of the

powers of this Government dwarfs it, and renders it a failure in its

most important office.

"Upon this broad principle I rest my justification of this bill. I

assert that we possess the power to do those things which governments

are organized to do; that we may protect a citizen of the United

States against a violation of his rights by the law of a single State;

that by our laws and our courts we may intervene to maintain the proud

character of American citizenship; that this power permeates our whole

system, is a part of it, without which the States can run riot over

every fundamental right belonging to citizens of the United States;

that the right to exercise this power depends upon no express

delegation, but runs with the rights it is designed to protect; that

we possess the same latitude in respect to the selection of means

through which to exercise this power that belongs to us when a power

rests upon express delegation; and that the decisions which support

the latter maintain the former. And here, sir, I leave the bill to the

consideration of the House."

Mr. Rogers, of New Jersey, followed with an argument against the bill,

because it interfered with "States' Rights." Under its provisions,

Congress would "enter the domain of a State and interfere with its

internal police, statutes, and domestic regulations." He said:

"This act of legislation would destroy the foundations of the

Government as they were laid and established by our fathers, who

reserved to the States certain privileges and immunities which ought

sacredly to be preserved to them.

"If you had attempted to do it in the days of those who were living at

the time the Constitution was made, after the birth of that noble

instrument, the spirit of the heroes of the Revolution and the ghosts

of the departed who laid down their lives in defense of the liberty of

this country and of the rights of the States, would have come forth as

witnesses against the deadly infliction, and the destruction of the

fundamental principle of the sovereignty of the States in violation of

the Constitution, and the breaking down of the ties that bind the

States, and the violation of the rights and liberties of the white men

and white women of America.

"If you pass this bill, you will allow the negroes of this country to

compete for the high office of President of the United States. Because

if they are citizens at all, they come within the meaning and letter

of the Constitution of the United States, which allows all

natural-born citizens to become candidates for the Presidency, and to

exercise the duties of that office if elected.

"I am afraid of degrading this Government; I am afraid of danger to

constitutional liberty; I am alarmed at the stupendous strides which

this Congress is trying to initiate; and I appeal in behalf of my

country, in behalf of those that are to come after us, of generations

yet unborn, as well as those now living, that conservative men on the

other side should rally to the standard of sovereign and independent

States, and blot out this idea which is inculcating itself here, that

all the powers of the States must be taken away, and the power of the

Czar of Russia or the Emperor of France must be lodged in the Federal

Government.

"I ask you to stand by the law of the country, and to regulate these

Federal and State systems upon the grand principles upon which they

were intended to be regulated, that we may hand down to those who are

to come after us this bright jewel of civil liberty unimpaired; and I

say that the Congress or the men who will strip the people of these

rights will be handed down to perdition for allowing this bright and

beautiful heritage of civil liberty embodied in the powers and

sovereign jurisdiction of the States to pass away from us.

"I am willing to trust brave men--men who have shown as much bravery

as those who were engaged on battle-fields against the armed legions

of the North; because I believe that even when they were fighting

against the flag, of their country, the great mass of those people

were moved by high and conscientious convictions of duty. And in the

spirit of Christianity, in the spirit which Jesus Christ exercised

when he gave up his own life as a propitiation for a fallen world, I

would say to those Southern men, Come here in the Halls of Congress,

and participate with us in passing laws which, if constitutionally

carried into effect, will control the interests and destinies of four

millions people, mostly living within the limits of your States."

Mr. Cook, of Illinois, replied: "Mr. Speaker, in listening to the very

eloquent remarks of the gentleman from New Jersey [Mr. Rogers], I have

been astonished to find that in his apprehension this bill is designed

to deprive somebody, in some State of this Union, of some right which

he has heretofore enjoyed. I am only sorry that he was not specific

enough; that he did not inform us what rights are to be taken away. He

has denounced this bill as dangerous to liberty, as calculated in its

tendency at least to destroy the liberties of this country. I have

examined this bill with some care, and, so far as I have been able to

understand it, I have found nothing in any provision of it which tends

in any way to take from any man, white or black, a single right he

enjoys under the Constitution and laws of the United States.

"I would have been glad if he would have told us in what manner the

white men of this country would have been placed in a worse condition

than they are now, if this becomes the law. This general denunciation

and general assault of the bill, without pointing out one single thing

which is to deprive one single man of any right he enjoys under the

Government, seems to me not entitled to much weight.

"When those rights which are enumerated in this bill are denied to any

class of men, on account of race or color, when they are subject to a

system of vagrant laws which sells them into slavery or involuntary

servitude, which operates upon them as upon no other part of the

community, they are not secured in the rights of freedom. If a man can

be sold, the man is a slave. If he is nominally freed by the amendment

to the Constitution, he has nothing in the world he can call his own;

he has simply the labor of his hands on which he can depend. Any

combination of men in his neighborhood can prevent him from having any

chance to support himself by his labor. They can pass a law that a man

not supporting himself by labor shall be deemed a vagrant, and that a

vagrant shall be sold. If this is the freedom we gave the men who have

been fighting for us and in defense of the Government, if this is all

we have secured them, the President had far better never have issued

the Proclamation of Emancipation, and the country had far better never

have adopted the great ordinance of freedom.

"Does any man in this House believe that these people can be safely

left in these States without the aid of Federal legislation or

military power? Does any one believe that their freedom can be

preserved without this aid? If any man does so believe, he is

strangely blind to the history of the past year; strangely blind to

the enactments passed by Legislatures touching these freedmen. And I

shuddered as I heard the honorable gentleman from New Jersey [Mr.

Rogers] claiming that he was speaking and thinking in the spirit which

animated the Savior of mankind when he made atonement for our race;

that it was in that spirit he was acting when he was striving to have

these people left utterly defenseless in the hands of men who were

proving, day by day, month by month, that they desire to oppress them,

for they had been made free against their consent. Every act of

legislation, every expression of opinion on their part, proves that

these people would be again enslaved if they were not protected by the

military arm of the Federal Government; without that they would be

slaves to-day. And I submit, with all deference, that it is any thing

but the spirit which the gentleman claims to have exercised, which

prompted the argument he has made.

"For myself, I trust that this bill will be passed, because I consider

it the most appropriate means to secure the end desired, and that

these people will be protected. I trust that we will say to them,

Because upon our call you aided us to suppress this rebellion, because

the honor and faith of the nation were pledged for your protection, we

will maintain your freedom, and redeem that pledge."

On the following day, the House of Representatives resumed the

consideration of this bill. A speech was made by Mr. Thayer, of

Pennsylvania. He said:

"This bill is the just sequel to, and the proper completion of, that

great measure of national redress which opened the dungeon-doors of

four million human beings. Without this, in my judgment, that great

act of justice will be paralyzed and made useless. With this, it will

have practical effect, life, vigor, and enforcement. It has been the

fashion of gentlemen, holding a certain set of opinions, in this House

to characterize that great measure to which I have referred as a

revolutionary measure.

"Sir, it was a revolutionary measure. It was one of the greatest, one

of the most humane, one of the most beneficial revolutions which ever

characterized the history of a free State; but it was a revolution

which, though initiated by the conflict of arms and rendered necessary

as a measure of war against the public enemy, was accomplished within

and under the provisions of the Constitution of the United States. It

was a revolution for the relief of human nature, a revolution which

gave life, liberty, and hope to millions whose condition, until then,

appeared to be one of hopeless despair. It was a revolution of which

no freeman need be ashamed, of which every man who assisted in it

will, I am sure, in the future be proud, and which will illumine with

a great glory the history of this country.

"There is nothing in this bill in respect to the employment of

military force that is not already in the Constitution of the United

States. The power here conferred is expressly given by that

instrument, and has been exercised upon the most stupendous scale in

the suppression of the rebellion. What is this bill? I hope gentlemen,

even on the opposite side of the House, will not suffer their minds to

be influenced by any such vague, loose, and groundless denunciations

as these which have proceeded from the gentleman from New Jersey. The

bill, after extending these fundamental immunities of citizenship to

all classes of people in the United States, simply provides means for

the enforcement of these rights and immunities. How? Not by military

force, not through the instrumentality of military commanders, not

through any military machinery whatever, but through the quiet,

dignified, firm, and constitutional forms of judicial procedure. The

bill seeks to enforce these rights in the same manner and with the

same sanctions under and by which other laws of the United States are

enforced. It imposes duties upon the judicial tribunals of the country

which require the enforcement of these rights. It provides for the

administration of laws to protect these rights. It provides for the

execution of laws to enforce them. Is there any thing appalling in

that? Is that a military despotism? Sir, it is a strange abuse of

language to say that a military despotism is established by wholesome

and equal laws. Yet the gentleman declaimed by the hour, in vague and

idle terms, against this bill, which has not a single offensive,

oppressive, unjust, unusual, or tyrannical feature in it. These civil

rights and immunities which are to be secured, and which no man can

conscientiously say ought to be denied, are to be enforced through the

ordinary instrumentalities of courts of justice.

"While engaged in this great work of restoration, it concerns our

honor that we forget not those who are unable to help themselves; who,

whatever may have been the misery and wretchedness of their former

condition, were on our side in the great struggle which has closed,

and whose rights we can not disregard or neglect without violating the

most sacred obligations of duty and of honor. To us they look for

protection against the wrongs with which they are threatened. To us

alone can they appeal in their helplessness for succor and defense. To

us they hold out to-day their supplicating hands, asking for

protection for themselves and their posterity. We can not disregard

this appeal, and stand acquitted before the country and the world of

basely abandoning to a miserable fate those who have a right to demand

the protection of your flag and the immunities guaranteed to every

freeman by your Constitution."

Mr. Eldridge, of Wisconsin, opposed the bill, in a speech of which the

following are the concluding remarks:

"I had hoped that this subject would be allowed to rest. Gentlemen

refer us to individual cases of wrong perpetrated upon the freedmen of

the South as an argument why we should extend the Federal authority

into the different States to control the action of the citizens

thereof. But, I ask, has not the South submitted to the altered state

of things there, to the late amendment of the Constitution, to the

loss of their slave property, with a cheerfulness and grace that we

did not expect? Have they not acquiesced more willingly than we dared

to hope? Then why not trust them? Why not meet them with frankness and

kindness? Why not encourage them with trust and confidence?

"I deprecate all these measures because of the implication they carry

upon their face, that the people who have heretofore owned slaves

intend to do them wrong. I do not believe it. So far as my knowledge

goes, and so far as my information extends, I believe that the people

who have held the freedmen slaves will treat them with more kindness,

with more leniency, than those of the North who make such loud

professions of love and affection for them, and are so anxious to pass

these bills. They know their nature; they know their wants; they know

their habits; they have been brought up together, and have none of the

prejudices and unkind feelings which many in the North would have,

toward them.

"I do not credit all these stories about the general feeling of

hostility in the South toward the negro. So far as I have heard

opinions expressed upon that subject, and I have conversed with many

persons from that section of the country, they do not blame the negro

for any thing that has happened. As a general thing, he was faithful

to them and their interests until the army reached the place and took

him from them. He has supported their wives and children in the

absence of the husbands and fathers in the armies of the South. He has

done for them what no one else could have done. They recognize his

general good feeling toward them, and are inclined to reciprocate that

feeling toward him.

"I believe that is the general feeling of the Southern people to-day.

The cases of ill-treatment are exceptional cases. They are like the

cases which have occurred in the Northern States where the unfortunate

have been thrown upon our charity. Take for instance the stories of

the cruel treatment of the insane in the State of Massachusetts. They

may have been barbarously confined in the loathsome dens, as stated in

particular instances, but is that any evidence of the general ill-will

of the people of the State of Massachusetts toward the insane? Is that

any reason why the Federal arm should be extended to Massachusetts to

control and protect the insane there?

"It has also been said that certain paupers in certain States have

been badly used--paupers, too, who were whites. Is that any reason why

we should extend the arm of the Federal Government to those States to

protect the poor who are thrown upon the charities of the people

there?

"Sir, we must yield to the altered state of things in this country. We

must trust the people; it is our duty to do so; we can not do

otherwise. And the sooner we place ourselves in a position where we

can win the confidence of our late enemies, where our counsels will be

heeded, where our advice may be regarded, the sooner will the people

of the whole country be fully reconciled to each other and their

changed relationship; the sooner will all the inhabitants of our

country be in the possession of all the rights and immunities

essential to their prosperity and happiness."

Mr. Thornton, of Illinois, feared there was "something hidden,

something more than appears in the language" of the bill. He feared "a

design to confer the right of suffrage upon the negro," and urged that

a proviso should be accepted "restricting the meaning of the words

'civil rights and immunities.'" He remarked further: "The most serious

objection that I have to this bill is, that it is an interference with

the rights of the South. It was remarked by my friend from Wisconsin

that it has often been intimated on this floor, and throughout the

country, that whenever a man talks about either the Constitution or

the rights of the States, he is either a traitor or a sympathizer with

treason. I do not assume that the States are sovereign. They are

subordinate to the Federal Government. Sovereignty in this country is

in the people, but the States have certain rights, and those rights

are absolutely necessary to the maintenance of our system of

government. What are those rights? The right to determine and fix the

legal _status_ of the inhabitants of the respective States; the local

powers of self-government; the power to regulate all the relations

that exist between husband and wife, parent and child, guardian and

ward; all the fireside and home rights, which are nearer and dearer to

us than all others.

"Sir, this is but a stepping-stone to a centralization of the

Government and the overthrow of the local powers of the States.

Whenever that is consummated, then farewell to the beauty, strength,

and power of this Government. There is nothing left but absolute,

despotic, central power. It lives no longer but as a naked despotism.

There is nothing left to admire and to cherish."

Mr. Windom, of Minnesota, next obtained the floor. Referring to the

speech of Mr. Rogers, he said: "I wish to make another extract from

the speech of the gentleman from New Jersey. He said, 'If you pass

this bill, you will allow negroes to compete for the high office of

the President of the United States.' You will actually allow them to

compete for the Presidency of the United States! As for this fear

which haunts the gentleman from New Jersey, if there is a negro in the

country who is so far above all the white men of the country that only

four millions of his own race can elect him President of the United

States over twenty-six millions of white people, I think we ought to

encourage such talent in the country.

"Sir, the gentleman has far less confidence in the white race than I

have, if he is so timid in regard to negro competition. Does he really

suppose that black men are so far superior to white men that four

millions of them can elect a President of their own race against the

wishes of thirty millions of ours? Ever since I knew any thing of the

party to which the gentleman belongs, it has entertained this same

morbid fear of negro competition; and sometimes I have thought that if

we were to contemplate the subject from their stand-point we would

have more charity than we do for this timidity and nervous dread which

haunts them. I beg leave, however, to assure the gentleman that there

is not the slightest danger of electing a black President, and that he

need never vote for one, unless he thinks him better fitted for the

office than a white man."

With more direct reference to the merits of the question, Mr. Windom

said: "Our warrant for the passage of this bill is found in the genius

and spirit of our institutions; but not in these alone. Fortunately,

the great amendment which broke the shackles from every slave in the

land contains an express provision that 'Congress shall have power to

enforce this article by appropriate legislation.'

"When this amendment was acted upon, it was well understood, as it is

now, that although the body of slavery might be destroyed, its spirit

would still live in the hearts of those who have sacrificed so much

for its preservation, and that if the freedmen were left to the tender

mercy of their former masters, to whose heartless selfishness has been

superadded a malignant desire for vengeance upon the negro for having

aided us in crushing the rebellion, his condition would be more

intolerable than it was before the war. And hence the broad grant of

power was made to enable Congress to enforce the spirit as well as the

letter of the amendment. Now, sir, in what way is it proposed to

enforce it? By denying to any one man a single right or privilege

which he could otherwise constitutionally or properly enjoy? No. By

conferring on any one person or class of persons a single right or

immunity which every other person may not possess? By no means. Does

it give to the loyal negro any preference over the recent would-be

assassins of the nation? Not at all. It merely declares that hereafter

there shall be no discrimination in civil rights or immunities among

the citizens of any State or territory of the United States on account

of race, color, or previous condition of slavery, and that every

person, except such as are excluded by reason of crime, shall have the

same right to enforce contracts, to sue, be parties, and give

evidence, to inherit, purchase, sell, hold, and convey real and

personal property, and to full and equal benefit of all laws and

proceedings for the security of person and property, and shall be

subject to like punishment, pains, and penalties, and to none other.

"We know, and the whole world knows, that when in the hour of our

extremity we called upon the black race to did us, we promised them

not liberty only, but all that that word liberty implies. All remember

how unwilling we were to do any thing which would inure to the benefit

of the negro. I recall with shame the fact that when, five years ago,

the so-called Democracy--now Egyptians--were here in this capital, in

the White House, in the Senate, and on this floor, plotting the

destruction of the Government, and we were asked to appease them by

sacrificing the negro, two-thirds of both houses voted to rivet his

chains upon him so long as the republic should endure. A widening

chasm yawned between the free and slave States, and we looked wildly

around for that wherewith it might be closed. In our extremity we

seized upon the negro, bound and helpless, and tried to cast him in.

But an overruling Providence heard the cries of the oppressed, and

hurled his oppressors into that chasm by hundreds of thousands, until

the whole land was filled with mourning, yet still the chasm yawned.

In our anguish and terror, we felt that the whole nation would be

speedily ingulfed in one common ruin. It was then that the great

emancipator and savior of his country, Abraham Lincoln, saw the danger

and the remedy, and seizing four million bloody shackles, he wrenched

them from their victims, and standing with these broken manacles in

his hands upraised toward heaven, he invoked the blessing of the God

of the oppressed, and cast them into the fiery chasm. That offering

was accepted, and the chasm closed.

"When the reports from Port Hudson and Fort Wagner thrilled all loyal

hearts by the recital of the heroic deeds of the black soldier, we

were not reminded that if the negro were permitted to enjoy the same

rights under the Government his valor helped to save that are

possessed by the perjured traitors who sought its destruction, it

would 'lead to a war of races.' O no! Then we were in peril, and felt

grateful even to the negro, who stood between us and our enemies. Then

our only hope of safety was in the brave hearts and strong arms of the

soldier at the front. Now, since by the combined efforts of our brave

soldiers, white and black, the military power of the South has been

overthrown, and her Representatives are as eager to resume their

places on this floor as five years ago they were to quit them for a

place in the rebel army, we are told that, having been victorious, it

becomes a great nation like ours to be magnanimous. I answer, it is

far more becoming to be just. I am willing to carry my magnanimity to

the verge of justice, but not one step beyond. I will go with him who

goes furthest in acts of generosity toward our former enemies, unless

those acts will be prejudicial to our friends. But when you advise me

to sacrifice those who have stood by us during the war, in order to

conciliate unrepentant rebels, whose hearts still burn with

ill-suppressed hatred to the Government, I scorn your counsel."

Mr. Shellabarger, of Ohio, said: "I agree with the gentleman on the

other side of the House, that this bill can not be passed under that

clause of the Constitution which provides that Congress may pass

uniform rules of naturalization. Under that clause it is my opinion

that the act of naturalization must not only be the act of the

Government, but also the act of the individual alien, by which he

renounces his former allegiance and accepts the new one. And that

proposition and distinction will be found, I think, in all judicious

arguments upon the subject.

"There is another class of persons well recognized, not only in our

constitutional history, but also by the laws of nations, who are not

foreigners, who occupy an intermediate position, and that intermediate

position is defined by the laws of nations by the word 'subjects.'

Subjects are all persons who, being born in a given country, and under

a given government, do not owe an allegiance to any other government.

"To that class in this country, according to the decisions of our

courts hitherto, belong American Indians and slaves, and, according to

the Dred Scott decision, persons of African descent whose ancestors

were slaves. All these were subjects by every principle of

international as well as of settled constitutional law in this

country.

"Now, then, to that class belong the persons who are naturalized by

this bill. If they were not, indeed, citizens hitherto, they were at

least subjects of this Government, by reason of their birth, and by

reason of the fact that they owed no foreign allegiance.

"That brings me to the next remark, and it is this: that these

subjects, not owing any foreign allegiance, no individual act of

theirs is required in order to their naturalization, because they owe

no foreign allegiance to be renounced by their individual acts, and

because, moreover, being domiciled in our own country, and continuing

here to reside, it is the individual election of each member of the

tribe, or race, or class, to accept our nationality; therefore, no

additional individual act is required in order to his citizenship.

"That being proved, it is competent for the nationality, or for the

government, wherever that subject may reside, to naturalize that class

of persons by treaty or by general law, as is proposed by the

amendment of the gentleman from New York [Mr. Raymond]. It is the act

of the sovereign alone that is requisite to the naturalization of that

class of persons, and it may be done either by a single act

naturalizing entire races of men, or by adopting the heads of families

out of those races, or it may be done to any extent, greater or less,

that may please the sovereign. For this proposition, I refer gentlemen

who desire to examine this subject to the authorities that may be

found collected in any judicious work on public law, and they will

find them very fully collected, certainly, in the notes to Wheaton.

"Now, then, what power may do that act of naturalization, and how may

it be exercised? That is also answered by these same authorities. It

may be done in this country either by an act of Congress, or it may be

done by treaty. It has been done again and again and again in both

ways in this country. It was done once in the case of the Choctaw

Indians, as you will find in the Statutes-at-Large, where, in case the

heads of families desired to remain and not to remove to the West, it

was provided by the treaty of September 27, 1830, that those families

should be naturalized as a class.

"Then, again, it was done in the other way, by an act of Congress, in

the case cited by my learned friend from Iowa [Mr. Wilson], in the

case of the Stockbridge Indians.

"It was done again, as you may remember, in the case of the Cherokees,

in December, 1835. There again a class was naturalized by treaty."

Some amendments having been proposed, the bill was recommitted to the

Committee on the Judiciary, with the understanding that it should be

returned for consideration on Thursday of the following week.

Accordingly, on that day, March 8, the consideration of the bill being

resumed, Mr. Broomall, of Pennsylvania, addressed the House, He viewed

the bill as beneficent in its provisions, since it made no

discriminations against the Southern rebels, but granted them, as well

as the negro, the rights of citizenship.

"A question might naturally arise whether we ought again to trust

those who have once betrayed us; whether we ought to give them the

benefits of a compact they have once repudiated. Yet the spirit of

forgiveness is so inherent in the American bosom, that no party in the

country proposes to withhold from these people the advantages of

citizenship; and this is saying much. With a debt that may require

centuries to pay; with so many living and mutilated witnesses of the

horrors of war; with so many saddened homes, so many of the widowed

and fatherless pleading for justice, for retribution, if not revenge,

it speaks well for the cause of Christian civilization in America that

no party in the country proposes to deprive the authors of such

immeasurable calamity of the advantages of citizenship.

"But the election must be made. Some public legislative act is

necessary to show the world that those who have forfeited all claims

upon the Government are not to be held to the strict rigor of the law

of their own invoking, the decision of the tribunal of their own

choosing; that they are to be welcomed back as the prodigal son,

whenever they are ready to return as the prodigal son.

"The act under consideration makes that election. Its terms embrace

the late rebels, and it gives them the rights, privileges, and

immunities of citizens of the United States, though it does not

propose to exempt them from punishment for their past crimes.

"I might consent that the glorious deeds of the last five years should

be blotted from the country's history; that the trophies won on a

hundred battle-fields, the sublime visible evidences of the heroic

devotion of America's citizen soldiery, should be burned on the altar

of reconstruction. I might consent that the cemetery at Gettysburg

should be razed to the ground; that its soil should be submitted to

the plow, and that the lamentation of the bereaved should give place

to the lowing of cattle. But there is a point beyond which I will

neither be forced nor persuaded. I will never consent that the

Government shall desert its allies in the South, and surrender their

rights and interests to the enemy, and in this I will make no

distinction of caste or color, either among friends or foes."

Mr. Raymond, of New York, was impressed with the importance of the

measure. "Whether we consider it by itself, simply as a proposed

statute, or in its bearings upon the general question of the

restoration of peace and harmony to the Union, I regard it as one of

the most important bills ever presented to this House for its action,

worthy, in every respect, to enlist the coolest and the calmest

judgment of every member whose vote must be recorded upon it."

He was in favor of the first part of the bill, which declares "who

shall be citizens of the United States, and declares that all shall be

citizens without distinction of race, color, or previous condition of

servitude, who are, have been, or shall be born within the limits and

jurisdiction of the United States.

"Now, sir, assuming, as I do, without any further argument, that

Congress has the power of admitting to citizenship this great class of

persons just set free by the amendment to the Constitution of the

United States abolishing slavery, I suppose I need not dwell here on

the great importance to that class of persons of having this boon

conferred upon them.

"We have already conferred upon them the great, inestimable, priceless

boon of personal liberty. I can not for one moment yield to what seems

to be a general disposition to disparage the freedom we have given

them. I think the fact that we have conferred upon four million people

that personal liberty and freedom from servitude from this time

forward for evermore, is one of the highest and most beneficent acts

ever performed by any Government toward so large a class of its

people.

"Having gone thus far, I desire to go on by successive steps still

further, and to elevate them in all respects, so far as their

faculties will allow and our power will permit us to do, to an

equality with the other persons and races in this country. I desire,

as the next step in the process of elevating that race, to give them

the rights of citizenship, or to declare by solemn statute that they

are citizens of the United States, and thus secure to them whatever

rights, immunities, privileges, and powers belong as of right to all

citizens of the United States. I hope no one will be prepared or

inclined to say this is a trifling boon. If we do so estimate this

great privilege, I fear we are scarcely in the frame of mind to act

upon the great questions coming before us from day to day here. I, for

one, am not prepared or inclined to disparage American citizenship as

a personal qualification belonging to myself, or as conferred upon any

of our fellow-citizens."

Mr. Raymond expressed doubts as to the constitutionality of that part

of the bill "that provides for that class of persons thus made

citizens protection against anticipated inequality of legislation in

the several States."

In this direction he was desirous of avoiding a veto. He said:

"Moreover, on grounds of expediency, upon which I will not dwell, I

desire myself, and I should feel much relieved if I thought the House

fully and heartily shared my anxiety, not to pass here any bill which

shall be intercepted on its way to the statute-book by well-grounded

complaints of unconstitutionality on the part of any other department

of the Government."

Mr. Delano, of Ohio, followed, expressing doubts as to the

constitutionality of the measure. He considered it a serious

infringement of the rights of the States. He said: "Now, sir, should

this bill be passed, that law of the State might be overthrown by the

power of Congress. In my opinion, if we adopt the principle of this

bill, we declare, in effect, that Congress has authority to go into

the States and manage and legislate with regard to all the personal

rights of the citizen--rights of life, liberty, and property. You

render this Government no longer a Government of limited powers; you

concentrate and consolidate here an extent of authority which will

swallow up all or nearly all of the rights of the States with respect

to the property, the liberties, and the lives of its citizens."

He added, near the close of his address: "I am not to be understood as

denying the power of this Government, especially that great war power

which, when evoked, has no limit except as it is limited by necessity

and the laws of civilized warfare. But, sir, in time of peace I would

not and I can not stand here and attempt the exercise of powers by

this General Government, which, if carried out with all the logical

consequences that follow their assumption, will, in my opinion,

endanger the liberties of the country."

Mr. Kerr, of Indiana, maintained the theory that the States should

settle questions of citizenship as relating to those within their

borders; that "the privileges and immunities of citizenship in the

States are required to be attained, if at all, _according to the laws

or Constitutions of the States_, and never in _defiance_ of them." To

sustain this theory, he read from a number of authorities, and finally

remarked:

"This bill rests upon a theory utterly inconsistent with, and in

direct hostility to, every one of these authorities. It asserts the

right of Congress to regulate the laws which shall govern in the

acquisition and ownership of property in the States, and to determine

who may go there and purchase and hold property, and to protect such

persons in the enjoyment of it. The right of the State to regulate its

own internal and domestic affairs, to select its own local policy, and

make and administer its own laws, for the protection and welfare of

its own citizens, is denied. If Congress can declare what rights and

privileges shall be enjoyed in the States by the people of one class,

it can, by the same kind of reasoning, determine what shall be enjoyed

by every class. If it can say who may go into and settle in and

acquire property in a State, it can also say who shall not. If it can

determine who may testify and sue in the courts of a State, it may

equally determine who shall not. If it can order the transfer of suits

from the State to the Federal courts, where citizens of the same State

alone are parties, in such cases as may arise under this bill, it can,

by parity of logic, dispense with State courts entirely. Congress, in

short, may erect a great centralized, consolidated despotism in this

capital. And such is the rapid tendency of such legislation as this

bill proposes."

On the succeeding day, March 9th, Mr. Wilson having demanded the

previous question, on the motion to recommit, was entitled to the

floor, but yielded portions of his time to Mr. Bingham and Mr.

Shellabarger.

The former had moved to amend the motion to recommit, by adding

instructions "to strike out of the first section the words, 'and there

shall be no discrimination in civil rights or immunities among

citizens of the United States, in any State or Territory of the United

States, on account of race, color, or previous condition of slavery,'

and insert in the thirteenth line of the first section, after the word

'right,' the words, 'in every State and Territory of the United

States.' Also, to strike out all parts of said bill which are penal,

and which authorize criminal proceedings, and in lieu thereof to give

to all citizens injured by denial or violation of any of the other

rights secured or protected by said act, an action in the United

States courts with double costs in all cases of recovery, without

regard to the amount of damages; and also to secure to such persons

the privilege of the writ of _habeas corpus_."

Mr. Bingham said: "And, first, I beg gentlemen to consider that I do

not oppose any legislation which is authorized by the Constitution of

my country to enforce in its letter and its spirit the bill of rights

as embodied in that Constitution. I know that the enforcement of the

bill of rights is the want of the republic. I know if it had been

enforced in good faith in every State of the Union, the calamities,

and conflicts, and crimes, and sacrifices of the past five years would

have been impossible.

"But I feel that I am justified in saying, in view of the text of the

Constitution of my country, in view of all its past interpretations,

in view of the manifest and declared intent of the men who framed it,

the enforcement of the Bill of Rights, touching the life, liberty, and

property of every citizen of the republic, within every organized

State of the Union, is of the reserved powers of the States, to be

enforced by State tribunals and by State officials, acting under the

solemn obligations of an oath imposed upon them by the Constitution of

the United States. Who can doubt this conclusion who considers the

words of the Constitution, 'the powers not delegated to the United

States by the Constitution, nor prohibited by it to the States, are

reserved to the States respectively, or to the people?' The

Constitution does not delegate to the United States the power to

punish offenses against the life, liberty, or property of the citizen

in the States, nor does it prohibit that power to the States, but

leaves it as the reserved power of the States, to be by them

exercised. The prohibitions of power by the Constitution to the States

are express prohibitions, as that no State shall enter into any

treaty, etc., or emit bills of credit, or pass any bill of attainder,

etc. The Constitution does not prohibit States from the enactment of

laws for the general government of the people within their respective

limits.

"The law in every State should be just; it should be no respecter of

persons. It is otherwise now, and it has been otherwise for many years

in many of the States of the Union. I should remedy that, not by

arbitrary assumption of power, but by amending the Constitution of the

United States, expressly prohibiting the States from any such abuse of

power in the future. You propose to make it a penal offense for the

judges of the States to obey the Constitution and laws of their

States, and for their obedience thereto to punish them by fine and

imprisonment as felons. I deny your power to do this. You can not make

an official act, done under color of law, and without criminal intent,

and from a sense of public duty, a crime."

[Illustration: James F. Wilson.]

Mr. Shellabarger of Ohio said: "I do not understand that there is now

any serious doubt anywhere as to our power to admit by law to the

rights of American citizenship entire classes or races who were born

and continue to reside in our territory or in territory we acquire. I

stated, the other day, some of the cases in which we naturalized

races, tribes, and communities in mass, and by single exercises of

national sovereignty. This we did by the treaty of April 30, 1800, by

which we acquired Louisiana; also in the treaty of 1819, by which we

acquired Florida; also in the treaty of 1848, by which we acquired

part of Mexico; also by the resolution of March 1, 1845, annexing

Texas, and the act of December 29, same year, admitting Texas into the

Union, we made all the people not slaves citizens; also by the treaty

of September 27, 1830, we admitted to citizens certain heads of

families of Choctaws; also by the treaty of December 29, 1855, we did

the same as to the Cherokees; also by the act of March 3, 1843, we

admitted to full citizenship the Stockbridge tribe of Indians."

Referring to the first section which his colleague had proposed to

amend, he said: "Self-evidently this is the whole effect of this first

section. It secures, not to all citizens, but to all races as races

who are citizens, equality of protection in those enumerated civil

rights which the States may deem proper to confer upon any races. Now,

sir, can this Government do this? Can it prevent one race of free

citizens from being by State laws deprived as a race of all the civil

rights for the securement of which his Government was created, and

which are the only considerations the Government renders to him for

the Federal allegiance which he renders? It does seem to me that that

Government which has the exclusive right to confer citizenship, and

which is entitled to demand service and allegiance, which is supreme

over that due to any State, may--nay, must--protect those citizens in

those rights which are fairly conducive and appropriate and necessary

to the attainment of his 'protection' as a citizen. And I think those

rights to contract, sue, testify, inherit, etc., which this bill says

the races shall hold as races in equality, are of that class which are

fairly conducive and necessary as means to the constitutional end;

to-wit, the protection of the rights of person and property of a

citizen. It has been found impossible to settle or define what are all

the indispensable rights of American citizenship. But it is perfectly

well settled what are some of these, and without which there is no

citizenship, either in this or any other Government. Two of these are

the right of petition and the right of protection in such property as

it is lawful for that particular citizen to own."

The debate was closed by Mr. Wilson, Chairman of the Judiciary

Committee. He said: "This bill, sir, has met with opposition in both

houses on the same ground that, in times gone by, before this land was

drenched in blood by the slaveholders' rebellion, was urged by those

who controlled the destinies of the southern portion of the country,

and those who adhered to their fortunes in the North, for the purpose

of riveting the chains of slavery and converting this republic into a

great slave nation. The arguments which have been urged against this

bill in both houses are but counterparts of the arguments used in

opposition to the authority the Government sought to exercise in

controlling and preventing the spread of slavery.

"Citizens of the United States, as such, are entitled to certain

rights, and, being entitled to those rights, it is the duty of the

Government to protect citizens in the perfect enjoyment of them. The

citizen is entitled to life, liberty, and the right to property. The

gentleman from Ohio tells us, in the protection of these rights, the

citizen must depend upon the 'honest purpose of the several States,'

and that the General Government can not interpose its strong right arm

to defend the citizen in the enjoyment of life, liberty, and in

possession of property. In other words, if the States of this Union,

in their 'honest purpose,' like the honesty of purpose manifested by

the Southern States in times past, should deprive the citizen, without

due process of law, of life, liberty, and property, the General

Government, which can draw the citizen by the strong bond of

allegiance to the battle-field, has no power to intervene and set

aside a State law, and give the citizen protection under the laws of

Congress in the courts of the United States; that at the mercy of the

States lie all the rights of the citizens of the United States; that

while it was deemed necessary to constitute a great Government to

render secure the rights of the people, the framers of the Government

turned over to the States the power to deprive the citizen of those

things for the security of which the Government was framed. In other

words, the little State of Delaware has a hand stronger than the

United States; that revolted South Carolina may put under lock and key

the great fundamental rights belonging to the citizen, and we must be

dumb; that our legislative power can not be exercised; that our courts

must be closed to the appeal of our citizens. That is the doctrine

this House of Representatives, representing a great free people, just

emerged from a terrible war for the maintenance of American liberty,

is asked to adopt.

"The gentleman from Ohio tells the House that civil rights involve all

the rights that citizens have under the Government; that in the term

are embraced those rights which belong to the citizen of the United

States as such, and those which belong to a citizen of a State as

such; and that this bill is not intended merely to enforce equality of

rights, so far as they relate to citizens of the United States, but

invades the States to enforce equality of rights in respect to those

things which properly and rightfully depend on State regulations and

laws. My friend is too sound a lawyer, is too well versed in the

Constitution of his country, to indorse that proposition on calm and

deliberate consideration. He knows, as every man knows, that this bill

refers to those rights which belong to men as citizens of the United

States and none other; and when he talks of setting aside the school

laws, and jury laws, and franchise laws of the States, by the bill now

under consideration, he steps beyond what he must know to be the rule

of construction which must apply here, and, as the result of which

this bill can only relate to matters within the control of Congress."

Comparing Mr. Bingham's proposed amendment with the original bill, Mr.

Wilson said: "What difference in principle is there between saying

that the citizen shall be protected by the legislative power of the

United States in his rights by civil remedy and declaring that he

shall be protected by penal enactments against those who interfere

with his rights? There is no difference in the principle involved. If

we may adopt the gentleman's mode, we may also select the mode

provided in this bill. There is a difference in regard to the expense

of protection; there is also a difference as to the effectiveness of

the two modes. Beyond this, nothing. This bill proposes that the

humblest citizen shall have full and ample protection at the cost of

the Government, whose duty it is to protect him. The amendment of the

gentleman recognizes the principle involved, but it says that the

citizen despoiled of his rights, instead of being properly protected

by the Government, must press his own way through the courts and pay

the bills attendant thereon. This may do for the rich, but to the

poor, who need protection, it is mockery. The highest obligation which

the Government owes to the citizen, in return for the allegiance

exacted of him, is to secure him in the protection of his rights.

Under the amendment of the gentleman, the citizen can only receive

that protection in the form of a few dollars in the way of damages, if

he shall be so fortunate as to recover a verdict against a solvent

wrong-doer. This is called protection. This is what we are asked to do

in the way of enforcing the bill of rights. Dollars are weighed

against the right of life, liberty, and property. The verdict of a

jury is to cover all wrongs and discharge the obligations of the

Government to its citizens.

"Sir, I can not see the justice of that doctrine. I assert that it is

the duty of the Government of the United States to provide proper

protection and to pay the costs attendant on it. We have gone out with

the strong arm of the Government and drawn from their homes, all over

this land, in obedience to the bond of allegiance which the Government

holds on the citizen, hundreds of thousands of men to the

battle-field; and yet, while we may exercise this extraordinary power,

the gentleman claims that we can not extend the protecting hand of the

Government to these men who have been battling for the life of the

nation, but can only send them, at their own cost, to juries for

verdicts of a few dollars in compensation for the most flagrant wrong

to their most sacred rights. Let those support that doctrine who will,

I can not."

At the conclusion of Mr. Wilson's speech, Mr. Eldridge, of Wisconsin,

moved to lay the whole subject on the table. This motion was

rejected--yeas, 32; nays, 118.

The House then rejected Mr. Bingham's proposed amendment, and

recommitted the bill to the Committee on the Judiciary.

On the 13th of March the bill was reported back from the committee

with some amendments, one of which was to strike out in section one

the following words:

"Without distinction of color, and there shall be no

discrimination in civil rights, or immunities among citizens

of the United States in any State or Territory of the United

States on account of race, color, or previous condition of

slavery."

The words were omitted to satisfy some who feared that it might be

held by the courts that the right of suffrage was conferred thereby.

Another amendment proposed was the addition of a section to the bill,

to-wit:

"_And be it further enacted_, That upon all questions of law

arising in any case under the provisions of this act, a

final appeal may be taken to the Supreme Court of the United

States."

Other amendments proposed and adopted were chiefly of a verbal

character.

The main question was finally taken, and the bill passed by the

following vote:

YEAS--Messrs. Alley, Allison, Ames, Anderson, James M.

Ashley, Baker, Baldwin, Banks, Baxter, Beaman, Bidwell,

Blaine, Blow, Boutwell, Bromwell, Broomall, Buckland, Bundy,

Sidney Clarke, Cobb, Conkling, Cook, Cullom, Darling, Davis,

Dawes, Delano, Deming, Dixon, Donnelly, Driggs, Dumont,

Eliot, Farnsworth, Farquhar, Ferry, Garfield, Grinnell,

Abner C. Harding, Hart, Hayes, Higby, Hill, Holmes, Hooper,

Asahel W. Hubbard, Chester D. Hubbard, Demas Hubbard, John

H. Hubbard, Hulburd, James Humphrey, Ingersoll, Jenckes,

Julian, Kelley, Kelso, Ketcham, Kuykendall, Laflin, George

V. Lawrence, William Lawrence, Loan, Longyear, Lynch,

Marston, Marvin, McClurg, McRuer, Mercur, Miller, Moorhead,

Morrill, Morris, Moulton, Myers, Newell, O'Neill, Orth,

Paine, Perham, Pike, Plants, Price, Alexander H. Rice,

Sawyer, Schenck, Scofield, Shellabarger, Sloan, Spalding,

Starr, Stevens, Thayer, Francis Thomas, John L. Thomas,

Trowbridge, Upson, Van Aernam, Burt Van Horn, Ward, Warner,

Elihu B. Washburne, William B. Washburn, Welker, Wentworth,

Whaley, Williams, James F. Wilson, Stephen F. Wilson,

Windom, and Woodbridge--111.

NAYS--Messrs. Ancona, Bergen, Bingham, Boyer, Brooks,

Coffroth, Dawson, Denison, Glossbrenner, Goodyear, Grider,

Aaron Harding, Harris, Hogan, Edwin N. Hubbell, Jones, Kerr,

Latham, Le Blond, Marshall, McCullough, Nicholson, Phelps,

Radford, Samuel J. Randall, William H. Randall, Ritter,

Rogers, Ross, Rosseau, Shanklin, Sitgreaves, Smith, Taber,

Taylor, Thornton, Trimble, and Winfield--38.

NOT VOTING--Messrs. Delos R. Ashley, Barker, Benjamin,

Brandegee, Chanler, Reader W. Clarke, Culver, Defrees,

Eckley, Eggleston, Eldridge, Finck, Griswold, Hale,

Henderson, Hotchkiss, James R. Hubbell, James M. Humphrey,

Johnson, Kasson, McIndoe, McKee, Niblack, Noell, Patterson,

Pomeroy, Raymond, John H. Rice, Rollins, Stilwell, Strouse,

Robert T. Van Horn, Henry D. Washburn, and Wright--34.

It is an illustration of the opinion which the minority entertained of

the bill to the last, that after it had finally passed, and the

previous question had been moved on the adoption of the title, Mr. Le

Blond moved to amend the title of the bill by making it read, "A bill

to abrogate the rights and break down the judicial system of the

States."

On the 15th of March the amendments made by the House came before the

Senate for adoption in that body. While these were under consideration

by the Senate, Mr. Davis, of Kentucky, made two motions to amend,

which were rejected. He then moved to lay the bill on the table, and

was proceeding to make a speech, when he was informed that his motion

was not debatable. He then withdrew his motion to lay on the table,

and moved to postpone the bill until the first Monday of December

following. Finding that the last amendment proposed by the House of

Representatives was before the Senate, and that his motion could not

be entertained, he proceeded to make a speech on the question before

the Senate. He asserted that "Congress has no authority or

jurisdiction whatever" over the subject of legislation which the bill

contains. He closed his remarks with the following words: "I

therefore, on the grounds that I have stated, oppose this bill. I know

that they weigh nothing with the dominant power here. What care I for

that? What care I for the manner in which my suggestions may be

received by the majority? Nothing--less than nothing, if possible. I

am performing my duty according to my sense of that duty; and in

despite of all opposition, of frowns or scoffs, or of any other

opposition, come in what form it may, I will stand up to the last hour

of my service in this chamber, and will, endeavor, as best I can, to

perform my duty whatever may betide me."

The amendments of the House were agreed to, and the CIVIL RIGHTS BILL

wanted only Executive approval to become a law of the land.

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