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Indianapolis Daily Herald Newspaper Archives Jun 22 1866, Page 2

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Indianapolis Daily Herald (Newspaper) - June 22, 1866, Indianapolis, IndianaTo a Triy hug Wmk a a Muchi Stiim Friday roekraa.-. .juns2�. 31. Nolc pm to taken of Montout a i a Lodi. A Neterer be intended for a net be Enthen sorted by the who tar in of the writer not Neoe unruly for pnb-5tioi1,, of a re tax my feb. We Een not undertake the raw rejected a Enugu no Cotlone a a a re diet Hertel. We learn that Captain a Nook Clark county take been nominated a publican for the leg Lavature. Captain Brido a tort of Leader of the demo Crata of Abington Toet Haye inet him a Hundred time his or democratic tree Ting it Oyer there. He Wae and we presume still is a Clever sort of a a Tot it Iii Lull a Una til frill hut la uni uni air guv nver we nor what we were go . M7 we this it can be proved we Grid the try t Hundred living wit passes in Wayne county that Budoiu in pub he spec eyes it to Wayne a Ikawyj liar my More than one Hundred times that the course the abolition republicans were pursuing in violating the Constitution themselves committing As president Johnson says treason to the government would justify the South in leaving the Union. We ask our old Friend dts what he thinks about thir proposition in then the South has committed Kronos Bridges has been an adviser aider and abettor of it. If for a Little Treasury Pap or political notoriety he is willing to eat his own words and write himself Down a falsified that is his business and not ours. He tried to persuade us that the South would be justified in leaving the Union on to count of the treason of the Northern republicans. The same thing we guess can be proved to any extent of Morton when he we a raving Bright Democrat in this connection we give the following As some of the reasons on which Bridges and the South some of the extract we quote Are new while Many formerly quoted by us Are omitted. The republicans can to be allowed to Wink these things out of sight. A glance at the past views of the Republican leaders. From the Charleston courier it May neither be inappropriate nor uninteresting in considering the issues now made against the Southern states to recur to the past and illustrate that the very opinions for Nich these Are Bow sought to be precluded from All rights were held and openly maintained by Many of the Republican leaders. Ilia fact beyond dispute that Abraham Lincoln himself sounded the alarm to these commonwealths for the Security of their institutions under the Federal compact when he declared in his famous controversy with judge Douglas that a a this government could not endure permanently half slave and half this was an open declaration against the existence of the government As organized by its founders and As regulated up to that period by their successors. It was the announcement of an effective aggression to be carried on until the purposes of the party were accomplished even though in the struggle the government should not endure but pass away. There can be scarcely any doubt that the re 3. S. 4. It. Piat Cratto state to leks. A Creuz Tok. Gen Mahloy p. Hay soy a i Montgomery Iconos of a Rin Christian Obadge of clerk. Ties Una or state James b. Ryan of Merlin. Attorn to a Rai John b. Coff both of Huntington. A or Public do a Truc Tob. Robert m. Chapman of Knox. A mat Uteev Ter a Magnee. The following gentlemen Heve been Nomin eted by the democracy of their respective die trick u Send Luetee for Mongrue third District Hon. Henry w. Har eco Bra a District Hon. Wlllie it s. Holman. J seventh District Clay i Morton used to base their advice to p00l pm a fixer u 1#atc it a Union. Some of Umb sex tenth . Robert Low-1 3 by. M. M a a the Dea Enilie me la 1> Tette. For the Republican meeting the other night the state furnished the flags the portraits the powder Etc. The Republican party about the state House feel and act like the county commissioners they think that they Are god s elect have a right to use Public property for private purposes Etc. By the by it May be mentioned that the portraits of Johnson and Douglas were excluded from the Republican convention that they did not cheer the president but did Congress and that judges Chapman and Coburn took the Lead in declaring for the Congress As against the president. 80 states the Madison courier Republican. T payments ant of the Treasury. The monthly statement of the treasurer for May is published. Among the expenditures for May we notice 1. Military fund.$59,6g5 64 Stato House. 606 60 governors office. 1 663 81 governors Bouse. 2,916 66 Public printing. A 8,560 00 now these Mark Are the payments of but a single month. We ask what those fifty nine thousand military expenses were for we would like to see the items. It is currently reported that the expenses of the Republican party meetings Are paid out of some of the state funds the Bills for expenses being covered up under vague terms. The next item is for the state Louse and then we Como to the governor s office. We would like to know what in the name of heaven the governors office requires so much expenditure for. We would like to toe the Bills that have been paid during the last five or six years since indeed the present executive took pose Mon for the governors office. How often in the name of conscience does that office require furnishing and at what coat each time what becomes of the eld furniture when new is bought then we Home to the governors House. The governor As our people Well know had his pay raised to $8,000 eight thousand Dollare a year in consideration of furnishing his House himself. Up to this time he has furnished none but boarded at a private. House and pocketed the $8,000 a but we understand he has just tarnished himself Quot a House As he we to do that is during the month of May and now we find during that month nearly three thousand dollars a a for the govern or a House a his own private House it would seen from the report draw from the Treu Ury. What does this mean ? we can not understand it. I �?~,1 then comes the state printing pop hex a Conner eight thousand five Hundred and fifty dollars a this Lor one month about an aver age. Multiplying this sum by twelve the number of months in the year lakes on Hundred and Tico thousand six Hundred dollars a year to Morton a state printers Well that is doing pretty Well. It pays to be Republican state Printer and get $60,000 extras and extra sessions Etc. We wonder How much a democratic state Printer we Ever paid a year for the state printing. It never anything like equalled the sum that the journal will take from the Treasury thin year to Democrat Ever got half the sum even when he had the revised Eede of the state to Pant it pays to be $ Azov fed stay at Home Patriot. It pays Sone men 16 support Morton. Of or. Niblack on restoration. We surrender we a or. Hwy Eft is the representative from the first District the pocket that used to Send colonel Boone to Congress when the balance of the state we All whig and he scarcely Ever failed to return a la will a m Thea Hub ism majority. The following we believe is Tbs Only speech of much Man Slacktum it will attract attention and Well repay perusal. To sounder democrat1 uves than or. Niblac pm bettor understands to questions before the country or can present them to the people in bettor temper or a clearer Light. To srey it interred to in the debates during the present session of con Grees and Are 10 Dlf Lesept from those of most if not All. Of the other Northern states that i As one of the representatives from that state feel exiled upon to define More accurately Thane it been done the action of our Stato in Reto this race of people and to vindicate so 11 am Able the policy which our people have seen proper to pursue in that respect i feel it the More incumbent 00 me to attempt this vindication because i favored the adoption is our Constitution containing the Peculiar provisions of i huh i propose to speak and because of my personal participation in thele Gia ution necessary to give full effect to these provisions. This subject he a renewed interest to the people of our Stato on Ace Dunt of the action or the present Congress which in Many respect changes or aft least attempts to change very materially the status of the negro race everywhere in the United states and which if sustained by the Tourte and people of the country will override All state Laws and state regulations in regard to that class of persons and practically annul All that the people of Indiana or any other state May have done to separate the White and Black races within its territorial limits. This question does not affect the state of in publican party were prepared to dissolve the Nion if they had failed in electing a chief magistrate devoted to their ideas and pledged to their policy. Under their influence and teachings the presidential Campaign of 1860 assumed purely a sectional phase. The North by its votes alone being in the Prepon Deracy elevated to the presidential chair a representative of its extreme views and who was committed upon the record to the extinction of the institutions of the South. The result was the attempt at withdrawal and to form another government. Many of the very men who now denounce the South for her endeavours to secede and cry out for the disfranchisement of her sons and the confiscation of her lands were the boldest in Days gone by to shout up with the Flag of disunion if we can not obtain otherwise the overthrow of our sectional organization. Take for instance or. Benjamin f. Wade one of the senators from Ohk it whose Especial Mission of late it has been to declaim against the president and the restoration of these states. He lustily Calls for vengeance upon All who have either aided or sympathized with the South in hey recent contest. And vet he was an avowed a a open disunion himself. In a speech which he delivered at a mass meeting in Maine in the year 1858, he said a a let us sweep away this remnant which we Call Union i go for a Union divested of slavery or for no Union at 9o, too or. N. P. Banks now one of the representatives in Congress when governor of Massachusetts justified his willingness in a certain state of circumstances to let the Union slide and that these occurring that is slavery not abolished it ought not and could not and. R the words of the Hon. Torace Mann of Massachusetts Are still familiar. At the time these utterances rang through the country like the peals of an alarm Bell in the night he remarked a a i have Only to add under a frill sense of my responsibility to my country and my god that i deliberately say better a Dis a a a better Diana alone however but involves principles important if not vital to the Good order and Well being of All the states and hence has become a question of National importance. It is really for this reason that i ask the indulgence of the House to Day and enter upon the discussion of a subject to which i had hoped i never would feel called upon to recur again in Public debate. In thus discussing the local affairs of my state i shall doubtless find it necessary a incidental thereto to refer to some other matters of Public interest at this time. The present Constitution of Indiana which was ratified by the people of the state at a general election in August a. D. 1851, and which went into effect on the first Day of the succeeding november contains among others the following separate article a article and mulattoes. A Section 1. No negro or mulatto shall come into or Settle in the state after the adoption of this Constitution. A Section 2. All contract made with any negro or mulatto coming Inte the state contrary to the no Vialos of the foregoing Hectl a shall be void and every person who shall employ such negro or mulatto or otherwise encourage him to remain in the state shall be fined in any sum not Isas than ten dollars nor More than $500.a a Section 8. All fines which May be collected for a violation of the provisions of this article. Or of any Law which May hereafter be i for the purpose of carrying the same into exe shall anything a than Union better a Servile War that god in Bis Providence an Extension of slavery. Such sentiments and such agitation in reference to matters peculiarly within the province of each respective state succeeded at last in est ranging the people of the various commonwealths and of impressing upon those of the Southern states the conviction that their rights and liberties were insecure against aggression at the hands of a Par a who had by a strict sectional vote obtained Possession of the government. Or. Seward on one occasion in alluding to the prospects of a War Between the North and the South admitted a that wherever the Union wag no longer productive of peace safety or Liberty there existed abundant Winise for withdrawal from its it was in the Senate in april 1856, that he thus placed himself before the country. A then the free states and the slave states of the Atlantic divided and warring with each other would disgust the free states of the Pacific and they would have abundant cause and justification for withdrawing from a Union productive no longer of peace safety and Liberty to Thep Seuss whether we a a melt the record or Wendell Phillips who said a tear Tho Constitution to pieces and Mato a better one our claim is disunion the breaking up of the states i am Lor their overthrow a or of Lloyd Garrison i who shouted a up with the Banner of dle i Union the Republican party is moulding Public sentiment to accomplish the dissolution of the Union and trip abolition of slavery through atthe or of any of the leaders Down to the convention of 1856, where judge Spauld-4nr, one of the delegates maintained a a in Case of the alternative presented of the continuance of slavery or a dissolution of the Union i am for dissolution and i care not How Quick it copies a whether we Nonsuit orators or journals. The doctrine was openly advocated of an intent and desire to disunity the ties which bound these states rather than yield or fail in their attacks upon the social and Domestic policy of nearly halt of the states. And now when the judgment seat is sought to be erected Andlee executioner is desired to be summoned it is Well to remember that we see Morton has extrac Teil y inserted these ideas of dissolution were not a fined into i. Ipoch our org nmn it in Ltd do pfc it a Ltd it a a a a Oil and if a mat a Rutin ,., a were held and declared by lome and our conc Ruholl Alt out a a Tab without wh0 Wetty the Robe authority a cd who Are giving credit Fop to rt1t v Mali matter and j thie strongest advocates for speedy sentence a. An individual we Eam. Nothing about it. I the Wax in. Settled the a eject of disunion but when argument belong a a see me to the a Giuld and the a Rald Chloka credit portion to renew the pm. Ought to do Given when it. Article Are a when however vengeance it invoked by a a Whoie who with upturned Eye and clasped hands assume the air Ppd show of innocence to. Anam a Ai. It compels a Farmer in Indiana to pay three dollars to the government As often As a Farmer in Massachusetts pays one. The present state governments of Trio tenth. In an article a few Days ago it touching the report of the reconstruction a in which report the illegality of the present state governments is contended for we argued that while we did net Ogne that they were illegal in Etoir present organization still if they were in their inception they had been recognized and acquiesced in by the people and were participated in by the same people or Peoples who would compose any new state or states and hence that those states should now be taken a valid and not be disturbed a cution shill be set apart and appropriated for the colonization of such negroes and mulatto and their descendants As May be in Tho state at the adoption of this Constitution and May be willing to emigrate. A Section 4. The general aaa Embly shall pass Laws to carry out the provisions of this this article waa. By order of the Donven ton which adopted the Constitution containing it submitted to a separate vote to that the sense of the people could be Token on it alone and so that it might or might not become a part of that Eon suttion according As the people of the state May deem. On this Peperato vote 131,040 votes were cast. Of that number 109,976 votes were in fever of the adoption of this article and 21,064 against it making a majority in favor of its adoption of 88,912 votes. To those who Are disposed to criticise the action of our state in regard to the policy it thue inaugurated or to regard the provision a hard and unjustifiable one 1 respond that no political party As such was responsible for it but that the people of the state sanctioned and ratified it by an unprecedented majority a majority approaching very nearly unanimity. The first legislature of the Stato which assembled after this new Constitution went into Force enacted Laws to carry this article into full effect prescribing penalties against those who might violate its provisions and making pie arrangements Lor the colonization of h negroes and mulattoes of the state As might be willing to emigrate. As might very naturally be expected sir a policy so important As this was not entered opon by our state without the most thorouf1-discussion and the mature St deliberation. 1 debates of the convention which adopted it fully sustain this assertion. Tie first question which is presented in reviewing the action of the convention on this subject is did it possess the Power representing the Sovereign Power of the state As it did to adopt and Render effective this policy of repression and exclusion a to the negro race i insist sir that it did possess this Power and that the position i thus assume can be sustained both on principle and by Well established authorities. I go further sir and insist that this convention possessed the Power if sanctioned and sustained by the people of the state to have adopted a similar policy of repression and exclusion As to any other class of people who might have been Raar ded by it As an undesirable population or in the Best interests of the state bad. In the opinion of the convention demanded Sueh a course. The authority of any state acting through its organic Law to do anything it May choose to do which Falls within the Range or Powers possessed by any sovereignty or political Community a a about which it is not restrained by the Constitution or the United states it in my judgment undeniable. The tenth article in the amendments to the Constitution of the United states is m follows prop Ria Ted. Morton adopts the heralds ar-1 to and Lone the a a How by . _ have held the very opinions and taught the very lessens now a earnestly condemned. It May not be to rent and then that they have worn the very go feb they pretend to regard with such horror and that it is not alone the citizens of the South who have worn a Brown hats in ouro temporary of the courier should not have omitted the Cate of chief Justice Chase the Constitution is express now the most Ultra of consolidation leu but a few years ago an advocate of state sovereignty in its greatest latitude. Some remarks also by senator Wade in a speech delivered i i860, Are too decided an omitted he said a i am not one of those who wot Ltd ask them too Atinuke in such s Union. Ujj would be do a g violence to the platform of the party to hich i belong. We have adopted the present a tute government but or. conclusion resulting from up you meet he Doe. Not Ocet. We did it a Lowed if we recognised the per end if a it a if states it that the should a represented. Morton a a a Tholf Reay two tote. In the Union and a till to rep rerun tation. This is us ply Noni Eose a a a a to the contrary the forever As it increases her representation and reduces that of the South and Ling violence. To the platform of the party to which 1 belong. We have adopted the Ted declaration a the basis of our the proposed Aase fid political movements which declares that men a sent. A of Witten Tefr government cease to protect w. Puhle a a Thi amendment in full refer. It was published in the journal. We pro. Pose in a Day 01 a to give a to ofis of tits l and to show its exact operation in increasing the Power of new England and diminishing that of the West in the Union. As to the adoption of the amendment or its rejection that la j arose upon a Law of the state of Massachusetts imposing certain restrictions upon the admin Norris is. The Day of Boston found in Curtis a a Uma seventeen f Tim lib to la care the to Revlon a it the Power go net. Over the Lac radon we not Only considered Bat the Power of the Federal government to control a to Attoa of the reveral state. In to. Pro Nam we lao dire Reed. I read from the opinion of Chi Junio. Taney delivered la thu care. After reciting the Letory of the ease he says a the writ of error however brings up nothing for revision Here but the constitutionality of the Law under which Thea Money Wai demanded and paid and that question i proceed to examine. A and the first inquiry u whether under the Constitution of the United states Tho Federal government has the Power to compel Tho Aeve Oral states to receive and suffer to remain in association with its citizens every person or Clam of persons whom it May to the Motley or pleasure of the United states to admit. In toy judgment this question lies at the foundation of the controversy in this Cese. I do not mean to say that the general government have by treaty or act of Congress required the state of Massachusetts to permit the aliens in question to land. I think there tax of treaty or Tot of Congress which can he so construed a but it is not necessary to examine that question until we have flute inquired whether Congress can lawfully exercise such a Power and whether the states Are bound to submit to it. For if Tho people of the several states of this Union reserved to themselves the Power of expelling from their Borders Eny person or Clam of persons whom it might deem dangerous to its peace or Likely to produce a phyla Cal or moral evil among its citizens the waxy treaty or Law or Congress invading this right and authorizing the introduction of any person or description of persons against the consent of the state would be an usurpation it Power which this court could neither recognize Dor enforce. I had supposed Thea question not now open to dispute. It was chitin City decided in Holmes is. Jennison 14 pet 64�/ a Groves is. Slaughter 1ft pet., 449, Anttn Prim is. The Commonwealth of Pennsylvania Luyts there Cue be to Wand the right of the mete i. Undoubted. And it u a Sunlly dear that if it a remove from among Ita citizens Eny Persona or description of person whom it regards a injurious to its welfare it follow that it nay meet them at Tho threshold and recent them from entering. For it will hardly be said that the United states May permit them to enter and compel the state tip receive them and that the state May immediately afterwards expel them. There could be no reason of Quot policy or humanity for competing Tho Stote Srby the Power of of Agrest to imbibe the Poison and then leaving them to find a remedy for it by their Awn exertions and at their own a if the state Haa the Power to determine whether the persons objected to Zehall remain in the Stato in association with the citizens. It must As an incident inseparably connected with it have the right to determine who shall enter. Indeed in the Case of roves is. Slaughter the Mississippi Constitution prohibited the entry of the objection Able persons and the opinions of the court throughout treat the exercise of this Power As being the same with that of expelling them after they a a a a a a i think it to be very Clear both on principle mod the authority of adjudged cases that the reveral states Here e right to Remore from among their people end to prevent from entering the state any person or deep or description of persons whoa it May deem dangerous or injurious to the later Eta or welfare of in citizens and that the state Haa the exclusive right to a terms it in my whether the Len Gertzm or docs not Ellet free from the control of the general government. A them litter extract i concede Ere Uken from n Dlee enting opinion delivered in the care end As to Hoar far they Are pertinent to the Point that were involved in it is a Quee Tina about which there we a difference of opinion among the judge of the court in which the care we considered. I submit however Elm torn for meaning of that phrase., 0 to All preceded by Many years the dre Ltd Scott decision end were to a greater or Tew extent referred to and discussed by the Indiana convention during Ite deliberations. Since then them authorities have been reviewed and affirmed in this dred Scott Case and upon the question of non citizenship of the african race announce to new doctrine. I know that that Case to been and atm is bitterly Denom ased a the Powers net delegated to the United states by the Constitution nor prohibited by it to the states Are reserved to the states respectively or to the now. Sir the states have delegated to Congress the Power a a to establish a uniform Rule of the Constitution of the United states also and is certainly a very pm in legislative interpretation of the Constitution that persons of ease we. That the View of the turned judge who delivered thle Dlee enting opinion Ere amply sustained by the authentic already cited and whether strictly pertinent to the Ceu then under discussion or not Are undeniably Correct u i be tract propose Tiona of Law and Luuy meet the approbation of my judgment. I could cite other authorities of Fluke import end till further corroborating the positions 1 Beve be Mevi my time wll not permit me. The authorities i hive referred to i maintain fully a retain me u to the Power of a Arete to determine who a Hall enter Ita territorial limits and to exclude Ell Pere one whom it May regard u dangerous or injurious to Ita inter Ala for whatever care whether Rani of Laudry. _ in the opinion however of the convention to which i Haw referred and of an overwhelming majority of the people of our etau at the time of Tegra Dumea at our present con a Littlon the pts Relato a hide negroes end mulatto ruled of much stronger grounds than the Power to exclude people of All classes of either countries sad other states which i have shown exist to All the states choosing to exercise it. The convention acted upon the theory that new roes and m a Latte a were not citizens of the United states were not parties to the political compact which formed the con Slit ution and government of the United state and were not entitled to become citizens of the United states under the then existing Laws of Congress and without a Radical change of policy on the part of the general government. In this assertion i am also sustained by the debates of the conf a duo to which i have referred. In this theory car people were then supported by the Long continued and almost uniform usages and practice of the United states government by the opinions of Many of the Root eminent men to the country and by the solemn adjudications of the courts of several of the states of the Union. I am a an that the ii pression prevails to a very Comdr Erable extent that no respectable a dirt had Ever recognized this theory unto the opinion in the celebrated dred Bcott exp i i pronounced by the supreme court of the United states. The impression 1� erroneous however As i shall attempt to abour. And that terrible words have been proof tossed against the Learned judge who drive we the opinion it the court in that cause. Those have been and Stu Are Tato the Bull of Fijn Zied partisanship and wiil Peri with the passions which evoked them. Judge Tanev win be revered As one of the most distinguished and judge that Baa yet Ever adorned the in amp Fox jew Wijit Long after most of Nis assailants have been forgotten. Whatever objection has been Mada to Tho opinion of the court in that Esse in other respects but few eminent lawyers Neve offer within my knowledge denied Ita coi in Safar As it decides that descent were not citizens of the United within the meaning of the Constitution action of Tbs present Oong aaa to Cytira Vring to of Nebr citizenship upon that Tom or people i regard so Concession of it that do int be negro then not bring a Citi Quot a ofter United states and Beonce not shielded As such by to Federal Donau Inoa. Had an anomalous and Quad foreign a tags Safyn idled in the state respectively and we stir m it five or Freeman peculiarly within the Al action a pm under the to Toto of the states to irresistibly follows that each state May for itself determine whether or not sub negro a Hall enter 4u territory and if Ite shall be so permitted to enter then to determine the Eon editions upon which be Thall be allowed to remain and to fix and define bet oath while he does so remain within it. I have so for or. Speaker discussed the Mere question of the Power of a state in certain matters within Ita own territorial limit. , however that because a state or a government May possess the Power to to a particular thing it does not stall it 1 always either Wiss or tort to Execl Enthat Power. How for a conceded Power ought to be exercised or whether exercised at All is s question of policy to be determined by each Stato for itself from time to time As emergencies May arise. Was it Good policy therefore for the people of Indiana to exercise the Power the state posses seed in regard to the negro race in the manner they did to this i might reply that it is a Domestic question alone about which no other state has any Well grounded right to complain and hence not a proper subject of discussion outside of the territorial limit of the state but Congress having a i have already stated Given a National importance to every Branch of this a object i Hope i will be pardoned for attempting Here a Brief response to that in Quity. The people of Indiana were from the beginning and still Are a i Bay no doubt opposed to the introduction of Weg Roea into the state in any great number in any a parity and for any purpose. They resolved at the Start that slavery should not exist within the Toste. They also Early enacted Law tending 4� discourage the immigration of free Persona of color into it. In these Early times Tbs Public mind was impressed with the idea that slavery would not probably be a perpetual institution in the counter and that some provision would ultimately Nave to be made by May of the states if not by the United states government itself for the free people of color and our state being a Border free state and liable always to an influx of that class of people the future f Tatus of the free people of color within her Borders was from the first a matter in which our people Felt a most Lively interest. They Early imbibed the idea which seemed to so generally prevail during the la generation that a separation of the rates was Best for both Whites and Blacks and that both humanity and Good policy demanded that such a separation ought to be in every suitable Way encouraged. They always protested against having our state made an a Yium for the free Marks of other states where they had from any cause become an undesirable population. Any Poncy we might adopt therefore which prevented the put Wale of the slave states South of us from throwing this class of people Upen us we concluded would tend to indies the people of these slave states to make provision for the colonization of Thror coloured people when any of them might be emancipated from whatever cause or whatever motives. Xvi Felt Loo. As we had not enjoyed any of the Dareol Benefit of the institution of slavery we Feron Turof Pool san a thing Ropon terms of Era Slitt with themselves. Indeed if such had been the desire its Otter practical Lily Letos evident to admit of doubt. The two races differing As they do in complexion Habito conformation and intellectual. Fit Dow Rasenti could not nor never will Ihre together upon terms of social or political Equality. A higher than human Power Haa to ordered it. A greater than human Agency Irist change the debates. Indiana convention Page 627. I might give other extracts of Hho import showing that Thi alleged inequality Between the races was a Well recognized fact by leading members of the convention of All parties and by an overwhelming Foa Jonty of that body. But that 1 regard it a an unnecessary labor Here. Indeed sir until a very recent period this inequality Between the races was regarded As a recognised and conceded foot by nearly All the representative men of All parties and of All sections of the country. Those who insisted otherwise were but rare exceptions to the general Rule. It is Only a Brief period since none denied More indignantly the charge of favouring the Equality of the races than did most of the leaders of the party now in the majority Ito this House. It was treated by Many of them As an insult to be resented by opprobrious words and burning epithets. In illustration of the truth of these remarks 1 will quote from a speech made by or. Lincoln late president of the United states at Coluin bus Ohio in september 1859. On the morning of the Day on which he spoke on but occasion one of the papera of that City charged that a in debating with senator Douglas during the Mem Renee contest Lato fall or. Lincoln declared is favor of negro suffrage and attempted to defend that vile Conception against the Lille in the commencement of his speech or. Lincoln noticed this charge and complained of it. A he said it was a mistake and a misrepresentation and to vindicate himself proceeded to read from his pro Steps speeches by fret read from he celebrated Ottawa speech of the preceding year As now gentlemen i done to want to read at Aej greater length hut this is tile True complexion of All 1 have Ever said in regard to the taht Nehm of slavery and the Black race. This i the whole of it and anything that argues is into this idea of perfect modal and polities Equality with the negro is but a specious and fantastic arrangement of words by which n Man can prove a horse Chestnut to be a Chestnut �?o1 have no purpose to introduce political and social Equality of tween the White and Black races. Thepe is a physical difference Between the two which in my judgment will probably forbid their Ever living together upon the footing of perfect Equality and inasmuch at it be Coines a necessity that there must be a difference i As Well As judge Douglas am in favor of the Recato which i belong having the Superior after insisting that notwithstanding this inequality the negro has Martein natural rights of which he ought not to be deprived a fact which i have already fully conceded in my remarks to Day or. Lincoln continues a a i agree with judge Douglas he the negro is not my equal in Many Respecta. Certainly not in color perhaps not in moral or intellectual or. Lincoln also then quoted from another speech he had previously made As follows a a while i wee it the hotel to Day a elderly gentleman called upon me to know whether 1 was really in Yovor of producing perfect Equality Between the negroes and White people. While i had not proposed to myself on this occasion to say much on that subject yet As the question was asked me i thought i would occupy perhaps five minutes in saying some thing in regard to it. I will say. Then that 1 am not nor have been in favor of bringing about in any any the social and political Equality of Tbs White and Black races that 1 am not or Ever have been in Yovor of making voters or jurors of negroes nor of qualifying them to hold office or intermarry with the White people and i will say in addition to this that there is a physical difference Between the White and Black races which i believe will forever forbid the two Scea living together on terms of social and political Equality. And in a much As they can not so Uve while they do remain together there must be the position of Superior and inferior and 1, As much As any other Man am in Yovor of having the Superior position assigned to the White after reasserting hta belief that there were certain rights however that ought not to be denied to the coloured Man and after indulging in some pleasantries at the expense of judge do Agios or. Lincoln on that occasion further proceeded to say there my friends you have briefly what i Quot a i the sub extent of of zit not to be subjected to the Burden of providing for a Defo Ocessa population thrown n us by the institution. Only la year be in Kentucky it had been decided in the Case of Ely avg. Thompson 3 March 71, that a a although free persons of color Are not parties to the social compact yet they Are entitled to repose under its again in Aury 1.�ou. Itep., 337, the court said that _. A a prior to Tea adoption of tha Federal Constitution states had a right of and person they pleased but As the Constitution docs not authorize any but White i it end on f to become citizens of the United states it Turro vide that the citizens njahe8 a presumption that one other were. Purpose of tiie government As to oppose we pro. To be have the night to recur to fundamental on its ruin another More conductive Tot hgr welfare. I hold that they have this whenever they think the contingency has come Yow Ean not forcibly bold me in Bis Unjian for a matter for the u the we tit a la a j it. i under which we r. Thus spoke or. Wado m 1860. Out Alerc Lorier Fri be a Bahi a mud Ahall be satisfied. There Are two things in it Firsich we dislike Viz. The reduction of the Power of the West and the exemption of the propel of the Rich from taxation but if the states Are for these things and freely adopt them a of the Constitution Why we Are not the Man to denounce the Constitution As a league with Hal and to be broken up because id poem not suit to. We Are for obeying 4be> a Onesti Butiro. But if we recollect Morra up i not for admitting the South into the Uain Tili Tell that Ami deut Jyl opted. This of to Forte an adoption against just judgment. Again i lift being Che condition of Union it the it mall Syf fire wins . Union Pfeto Wade favors the hand pm a perfect right to in 1866 or. Ing of some thousands of what a averted they in Lafit be a two Ufa is Imam Tea it compels us to tax the poor Many a Coffee and compels us to exempt the Nch Many a Bonds and greenbacks from taxation. Suppo a Jyh efm Al to is never adopted1 what Theaux. A Ujj. I Quot to la Sumna Swisk Ramett wis4st 141ss�swlhsi#iitolthu Safi film Raveio full the Hui cock atm vat a. It thin paper in Ert speech Mhz error. Incr wit �0�ovar�4 a a Ceab at in a or of a a Rio a Rel Satori the ror erne 4mbotcommithimsewse------ a Side of the mate question. The difference Between the president and Congress. The Gavor Woris a Superior political tactician hut he will find before the a lose of Cho Esse ask that he a a a otomi Stato his Opad _ Are but two rides to Che question poring i Bench last fall lift a prot of each state shall be entitled to All privileges and immunities of citizens to the several the Power of a state to adopt a a a uniform Rule of is therefore impliedly denied tit. As i interpret he provision lastly above noted there a Eert Iii a a privileges and immunities pertaining to a a citizens in the several states which each state is bound to respect a a but so far As Mere right of persons Are concerned the provision in question is confined to citizens of a state who Are temporarily in another state without taking up their residence there. It gives them no political rights in the state As to voting holding office or in any other see Howard a a a. 8 reports . 19, Page 433. Beyond these provisions in relation to a a uniform Rule of naturalization a and the a privileges and immunities of citizens in the several states to which the citizens of each state Are entitled. I find nothing in the Constitution of the United states Eitner As a delegated Power or As a restriction bearing on the question of citizenship. Section ten of that instrument in enumerating the Powers denied to the several Aletea does not allude to the subject of citizenship at All and denies nothing to the state in relation to it. Hence i affirm that All questions relating to state citizenship to it domicile or residence whether temporary or otherwise within the states rest with the state alone and Are among the Power reserved to Tolfe a states respectively or to the people a if i am right in thu conclusion sir then the Power of inf Diana la a ample and in of Trie Tod Ovios theae matters a if an Independent state and not a member of tha Federal Upmal j 0- what therefore May an Independent state to Tii exit Mottag persons com its territorial Hutts or Iff repelling of migrating into it in determining this question we Hava to look to the Law of nations to the decisions of the courts and to those principles which underlie All legitimate governments. Mattel in his treatise on the Law of a tons f see Book two chapter seven Section Finety four Saya i a Tbs Sovereign which in or pm of government Means the people May forbid the in Frt cafe of his territory. Eider to foreigners in general or in particular cases or to certain particular purposes according at he May think it advantageous to the add tax Ona of similar import aright drawn from other writers on International Law but 1 regard it a a to multiply them Here. There to no conflict of authorities on. Ithis1 Point that i Ana aware of. In the be of the City of Newyl knew York to Odin fac or Lepom Condo Oak on emigrants from Tri in count Rita of tha Porta of other a Tate Arrivin to to Ronala radar ear Tala . Tha Eort in Ste opt inn. Gor Arning the of a. In gun and too Nail Galoh at Vaasa a and my mates that on that ground Pachapa. The Kwh Emort met sons and things within its territorial limit As tvmat1 exes Timmy and u Tor Jfe a to altan., tie to lit Toba equally Clear to Jar ref fluto a a a Antip Tito Romm Lamon of on of As Ita la we a to ii flies citizens at the time of its Arkansas on the 30th of february 184.7, an Art waa approved entitled a an net to prohibit pm it a re Loti off free negroes or frug person Difior in qty Tat soon after a Man of color Wae indic text tried and convicted for coming into that state con truly to the provisions of that act i reviewing this Case the supreme court of that state a the legislature fio doubt intended not Only this Section but the entire act As n measure of police necessity to the Security and will being of the people of the state. In this View we Are unable to perceive any clause or provision of either the Federal or state Constitution with which it conflicts if any it is that clause of the former which declares that a the citizens of each state Ahall be Hepfl led to All privileges Abd immunities of citizens in the several state. Are free negroes or free coloured persons citizens within the meaning of this clause we Dunk not. In recurring to Tufi past history of the Constitution and prior to Ite foundation to that of the confederation it will be fetid that nothing beyond a kind of quasi citizenship Haa Ever been recognized in Tho in Connecticut to 1833, a to few Wiz pasted which exd by or establish any school in that state for the instruction of the african Rory me inhabitants of the a tote or to instruct or teach in any such school or institution or Board or Harbor for that purpose any such person without the previous consent in writing of tote civil authorities of the town in which sult ii sol pol or Isif tuition might be situated. 0 prudence Crandall was prosecuted for boarding and harbouring a person of color not on inhabitant of the state contrary to the provisions of this Law. Oie of tha Point raised in tha defense waa that the late waa a violation of tha Constitution of states and the the person instructed Al Tow mob at my a Fromm my Vamp a aet Tizen of another Ata teb and. Entitled to the rights of of Lens in the Stote of Gonna Aigul. A but chief Justice Dagget who Preat died Hurtt Vetrix if to Ftp cause held that persons of that description. Were not citizens or a state with in the of eating of the word a a Settimi Rah the of the United state Zoff were not thereto Abd led to tha privileges and Inonu Nyics of Citi Seu in other tha Cam Irta carried to tha a pm court of erran of that state. Bat it went off there on another Point and no opinion of in that Nurt in the quoted with approx amp ton however by Man v of the courts of Tea Tif it pay Iubelt inf Diana at Lana has Beau regarded a Mead lug one of tto Daca. Sea Crandall get tofiq state 10 Coon. Rep., 00.j. A beam the aaa enming of our convention similar dec dons on the quantion of negro Citi be Nahta hid been to nude 1 believe to Georgia Joel Jfe Itald la a pm flip but. I fro then attorney a alter Era need in of Acta of con great in the anime tto it Eventt Anttan old that a within Huid Lawn of of tree acc my a a int a Paihr pro. On. Convention assembled Meh adopted it Constitution an Earnest canvass j made in our sister and adjoining Brut Earky a to tha expediency and propriety of abolish ing slavery in that state. The discussions in that canvass St once brought up Tbs question As to what should be done with the Stives thus proposed to be emancipated and engrossed the closest attention of the people of Indiana. While the mass of our people were entirely willing to see Kentucky inaugurate a system of emancipation and very Many of them were anxious for it we Felt that she aught not to colonize soy of her free Blacks a pod us As had in Many individual us sauces already bean Doua. To put Tbs Matour at rest so far of we could and to give notice to All concerned a to our wishes in regard to these people of color we made the provision which i Hava read in regard to negroes and mulatto a part of our Constitution. Our policy As to these people therefore became a part of the organic Law of our state Ami us such still remains in Force. Whatever Olfier motives which May have bad an influence in inducing our people to enter on this policy of repression and exclusion us to Tho negro race one motive a quo of ably was to Endeavor by this Means to str no Tabeb the cause of to ionization and that Neatem which looked to of ultimate separation of the races in this country. Whether this scheme of separation and colonization was Ever a practicable one Terhall not now Stop to inquire. Suffice it to say but it was one which received encouragement from some of the greatest minds which the country has produced and which Only a few years since was looked upon with More or less favor in almost every portion of the United states. It was to this end that so much Lime and Means have been devoted to the cause of colonization throughout the country. But Tinay be said or. Speaker that however desirable it May be in some respects to separate the races and however practicable it May have seemed at one time recent events have destroyed All the Hopes of Success which May have Ever clustered a round that idea. I regret to have to concede that such May be the Case. In the present condition of the Public mind and a the present exhausted financial and physical condition of the country i Grant that so partion and colonization Are now practically out of the in cation. Some portions of the country need the labor of the freed men. Other portions want Ptiicar votes and desire them to remain As a political Power. All of our sip hts Means Are absorbed by our Public debt. The negro is therefore now to ajl appearances h4 per Mantle domiciled within the United states As any of us. If he must remain among us the great practical question in regard to him is what shall be his position in the future Ami As incidental to that who must determine and define that position As i have been endeavouring to show it is contended on the Oiin Side that the general government possesses this Power and ought to exercise it. On the other Side it is insisted that this Power rests with the Latos respectively and ought to remain with them. Because however sir Fhy condition and Fri turn prospects of the coloured race have been greatly changed As one of the results of the civil our from which we Are just enlarging it docs feet follow that the colonization scheme was wot a humane and Beneficent on. It is sufficient to say that in times no a passed it we regarded by the people of Indiana As affording the Best solution that a Ould of then devised As to the future disposal Tina of the negro race on this continent. Thee Anost and Heveri desire which was then entertained by the people or Indiana to assist in Canning u out and to make it a practical Success constitutes a sufficient defense of their policy in regard to that race or people. It is not their fault certainly that colonization has failed to accomplish what they to much desired of to. The action of our state in r try to the unfortunate coloured race. Or. Spe Tikfer can be defended and successfully too ask i Hope to show on other grounds than As a colonization measure merely. I refer now to the inequality and physical difference Between tip Ewhite and Black races. I have always maintained and Carta Ioly a Fry forge major it of the people of Indiana have heretofore at least also main twined that in 4b� grand scale of humanity the negro race is inferior to the White race and that spy thing like social or political Equality Between the two races la neither practicable Oer daa Rahle. Ofir whole system of Laws in relation to tha negro from the first organization if theft at to the present time has been Balaod on that theory. I am aware that in assuming this position now i am entering the a Giaimi of controversy and Vifot a different theory seems now to prevail in Many sections of the Couf itry 1 have not time now to go into that question in All its Setalla nor to answer Many of Tny argument urged with to much , to Frt or of lie All men without reference to race fir color. Thatro la human Maqi however Low in the sczlej8f Hun Unity he a. Certain right which Strong ought hot it it of Mere wantonness to Torann Tae Fator the weak is equal a evident. That the negro m his present condition in this too try Quot. Fully and in run off in lathe civil right of negroes and Suttora in majr within the Matt including Tho right to Mattiy a wet Novara Are by Law full rung a Jad. But there a a very Broad distil Goa Taj Woen the Protection of a Prara Inai Alivel Tuhtar Hie and . And Tho Norfor ring of political wer upon him. Thea tha Law of Bia Nam Ailara Carat our Obj rvs i and it i. A distinction which i nun Tan in get to to Haimm Raduf to View while leg dating in a mrs Tatiana pm race on Ula Coett Nant. This distinction Between civil Righta and to i a Ned. Their inter were pm a is toc to Ngim. A is a fitted to certain Tinl right Tefius a lawfully domiciled is of was fully considered and discus had it tit aah famed rat a we fending Nam Tartof ,um�5rh a Ftp a word a member of Thia Boom to Delmi a Quot Negi a along Tea Nusone be and in referring to the i Atad upon the us 1 spa per to the extent of Ita ability Haa drawn the Public aus lion. Have on former Jet to which Thia Mai in it you May not Only perceive a a probability that in that contest i did not at any urn. Nay i was in favor of negro Uff Rago but la. that twice one. Aub atae Ualle and one. i a flared again it hat ing shown you Thia there remain but a word of comment upon that new paper a it is this that i a Mume the editor of Hala that paper is an honest and truth Loving Man and that be will be greatly obliged to me for furnishing him thus Early an Opportunity to Correct the misrepresentation be has made before it has run so Long that malicious people can Call him s or. Lincoln a name will go Down to Poeten Ity As the great emancipator and Friend of the african race and 1 Qto Tom a or refer a a representative Man of Bis Day and of his time. And while 1 was during his eventful life especially the last years of it unable am gratified x in that i agree with him in Many things with the Opportunity of saying views thus expressed As to the difference Between the races and As to the impractical Lotty of their living together on terms of Equality 1 frilly and heartily concur with him. Mexico sir 1� a living example of the Folly of trying to commingle essentially different race of people together upon terms of Equality. I do not claim that All the trouble of that unfortunate cram try result from that cause alone hut i am que Lovure it is ene of the great disturbing causes which will not and 1 can not Lee Fuy removed. Many coloured men it i True have Given evidence of Superior talents and Loiue of them have sen to a comparative degree of Eminence. But they Are the exception not the Rule. An admixture of White blood 1� discernible in most of those who have in any laudable Way distinguished thenis Lve. A a a la a t have failed to see in them any of those High traits of character which indicate them a fit to become a governing race anywhere. So for m we know the african race had a go Good a Chance in the earlier age of the world for improvement in the Art and a Ciener and for advancement in civilization a did the White race. If we Are All the children of Adam they certainly had and yet what have they of themselves accomplished what Progress they have Mude Liua resulted from their having been against their will brought into Contact with White people. It i True that they have recently obtained their Freedom Aud Ore now in a condition to demonstrate better than Ever before to what extent they Are capable of accomplish ing great result. But. Sir they did not win their Freedom and had hut Little Agency in shaping the event which conferred it upon them. It came to them us one of thnh be ult of and a incident to u great civil War in which White men contended for Power and in which coloured men played but a subordinate part. It came to them on the Demund of White men who wielded the Power of the government first As a measure of War and afterwards As a condition of peace. As the War progressed Many of them under the great inducement held out for their in Couragent Eulf did from time to time enter the Union army and rendered Sueh assistance As hey were capable of affording. Other of them however adhered to the cause of their late masters to the last Ana 1 think i am justified in saying that whatever their sympathies As a class May have been a majority of them either adhered from the first to the last to the rebellion or a aided and assisted by labor or Ort Berls those who did so adhere. One of the most remarkable developments of the Lute War in connection with this race of people we the Fidelity and person Devotion to their late exhibited by a great pro portion of them in the seceding states when the strongest inducements to Freedom were held out to them by the Federal government. The teachings of history air Are in vain if shite men would Hava to acted under similar re instances. I think therefore or. Lincoln Haa been amply sustained by this circumstance alone to saying that there it a physical Dlf lec once in their moral and intellectual endowments. And when i hear it asserted with so much Confidence by gentlemen on tha other tide that the entered people of the tenth con a Utu to a unitedly Loyal element i confess 1 am unable to understand open what authority the assertion is made. I am inclined to think air it is one of those poetic licenses that visionary men Are too Apt to indulge in when treating of Sollitt Alivea. Inow sir i have attempted to show and i shall assume for the purposes of my argument that i have shown it that there is an inequality Between the two races physical and intellectual the White Man occupying the Superior and the coloured wan the inferior to Aram. I have also shown and before a conclude will attempt further to show that this difference was recognised and acted upon when our matchless government was instituted and that it has Baen observed and perpetuated in a greater or Leas degree by every department of the government to the present tithe. In View then of these facts. In View of this anomalous and inferior condition of the coloured Raton this country it is no matter of Surprise that negroes in any considerable number a especially in states where their Laboria not needed should the Roan red aate Popule Tion. In Ina Fona the Tad or later to Way amp i these people Are peculiarly adapted wan nowhere needed when her policy in regard to them Vyas adopted. Evan yet there a no fipe dal demand for that kind of labor. Our Cju mate i unsuited to them u a race. There waa room and to spare for them eco where under a More genial Sun and where their labor a and perhaps always May be needed. Waa it strange then that our people should desire to provide against an increase of this population acid should be anxious even at the same time to devise some humane plan to Indue those already Yanfong it to emigrate it was to accomplish these results that the pro. Vision in our Constitution m relation to negroes the first and to Ond sections of the act of Congress to which i refer read As follows be it enacted by the Lemue and House of of the United stale of America in Congress assembled that All persons Boru in the United 8tote Aud not us Lect to and foreign Power excluding indians not taxed Are hereby declared to be citizens of the United states and such citizens of every race and color without regard to any previous condition of slavery or involuntary servitude except As a punishment for crime whereof the pm Patel have teen duly convicted shall have the same right. In every state and territory in the United states to make and enforce contracts to sue be parties and give evidence to inherit Purchase lease sell hold and convey real and personal property and to full and equal Benefit of Laws and proceedings fur the Security of person and property a is enjoyed by White citizens and Snail be subject to like punishment pain and penalties and to none other any Law. Statute ordinance regulation or custom to the contrary notwithstanding. Section 2. And be it further enacted that any person who under color of any Law ordinance regulation or custom shall subject or cuu a to be subjected any inhabitant of any state or territory to the deprivation of any right secured or protected by this act or to different punishment pains or penalties on account of such person having at any time been held in a condition of slavery or involuntary servitude except As a punishment for crime whereof the party shall have been duly convicted or by reason of his color or race than is prescribed for the punishment of White person shall be deemed guilty of a Misdemeanour and on conviction shall let a punished by a Fine not exceeding $1,060. Or imprisonment not exceeding one year or both in the discretion of the the language employed leaves no doubt sir As to the intention of Congress in enacting tin Law. If Congress possesses the constitutional Power to enact such a Law then All persons born in the United states and not subject to any foreign Power except Indiana not taxed of whatever race or color Are citizens of the United states and entitled to full Protection a such. And All Stato Constitution and state Laws making any discrimination against negroes mulattoes indians who pay taxes chinamen or gypsies on account of their color or race Are null and void and any state judge or other state officer who shall attempt to enforce the Law of any state making such discrimination is liable to a be punished by a Fine not exceeding $1,000, or imprisonment not exceeding one year or both in the discretion of the take the Case of the Tate of Indiana As an instance. As i have shown any negro or mulatto who May come into the state since the 1st Day of november a. D. 18g1, is liable to a Tine and All contracts made within the state with such negro or mulatto Are void under the Constitution and Law of that state. Such negro or mulatto thus coming into the state in violation of Ita Laws it not a competent witness to testify against White persons under the state Law. It if Thia Law of Congress shall be held valid then if any judge of any of the state courts in that state Thall assess a Tine against any negro or mulatto or coming into the state in violation of Ita Laws or shall refuse to permit any such negro or mulatto to testify against a White person in any Case then such judge is liable to be indicted for thus acting in one of. The Federal courts at Indianapolis to be taken to that City Tor trial and to be punished under this Low of Congress. Every other officer of the court fio May assist the judge in thus enforcing the state Law is liable to be punished in the same Way astounding As it May seem. Has Congress then the constitutional Power to enact Uch a Law the people of every state in this Union Are interested either directly or indirectly in the answer to this aues Tiou. The Copl e of those states in which acre is any discrimination against negroes or mulatto is Are especially interested in it. To every judge or officer or any court in Indiana it in a most important question because until it is judicially settled either the one Way the other such judge or other officer of his Cotrit can not know what his duty is in such a dilemma. I have no hesitation in announcing it a my opinion or. Speaker that Congress does not fio Sass the Power it has attempted to exercise n the passage of this civil rights Bill i shall Endeavor very briefly to give some of the reasons for the opinion i thus entertain. I have already attempted to show that at the time of the adoption of the Federal Constitution none but persons of the White races were recognized by that instrument As citizens of the United states. A this construction of the Constitution is an important question in connection with the subject i so now discussing 1 Hope i will be pardoned for again alluding to it. It is objected that this construction is in opposition to the Plain words of the declaration of Independence and hence . If this were True the Constitution being later in Date and the real Bond of Union Between the states would have to prevail. That there is however no such conflict Betws Een the declaration and the Constitution i shall attempt to How. It is True the declaration of Independence Couta ius these memorable words a a we hold these truths to be self evident that All men Are created equal that they Are endowed by their creator with certain unalienable rights that among them Are life Liberty and the Pursuit of happiness that to secure these rights governments Are instituted deriving their just Powers from the consent of the in commenting on these words the supreme court of tha United states says a a the general words above quoted would seem to embrace the whole human family and if they were used in a similar instrument this Day would be so understood. But it is too Clear for dispute that the enslaved african race were not intended to be included and formed no part of the people who framed and adopted this declaration for if the language As understood in that Day would embrace states any one no matter where he waa born or what might be his character or condition.�?T9 a and no Law of a state thereof passed since the Constitution waa adopted can give any right of citizenship outside of its own on the same subject that court also say a no state was willing to permit another state to determine who should or a Ouid not be admitted As one of Ite citizens and entitled to demand equal rights or Privily go with their own people within their own territories. The right of naturalization was therefore with one Accord surrendered by the states and confided to the Federal also 19 Howard pages 417 and 418. Att the Power a hereto a that exist anywhere to int Rodu any arson As a citizen into the politics a la Biily of the United state rests with the Federal government. His Power is embraced in the Grant of authority to Congress 10 which i have before a muted a to e Bluh an uniform Rule of what then it the extent of this author it thus conferred of Congress under this pow pie a a much the doctrine of the Constitution to Day a it was m 1861. Then Why attempt to overthrow it to attempt to do to Day what the Constitution forbids la a much a crime a Klimt Liberty a if attempted in the earlier and better Days of the Republic. These extraordinary provi Aiona of Thia civil rights Bill Are to me another illustration of the tendencies of late to centralize All Power in the Federal government. This tendency to consolidation of Power in the Federal government is the counterpart of sees of Andu another of the political heresies in i a a ii True friends of constitutional Liberty ought equally to resist. We must see to it that the reserved Powers of the states Are respected on the one hand and on the other that the authority of Thi Tod Era government in All matters confided to it. Must be sustained at every Hazard an it at every sacrifice. Tho8e\\ho most strive to preserve the proper equilibrium Between the states and the general government Are the truest friends of the Union everywhere. sometimes suggested that the Federal government does not w possess the constitutional Power to do Many May Congress make everybody it chooses things which the emergencies of the country Zens of the United stated or can it under require and hence the necessity of some a a amendment to the Constitution. Until we learn or. Speaker to regard More a a rally than we have of late done the inviolability of the obligations which the Constitution already imposes i fear that amendments will be of Little Avail. Besides sir when tha is disorganized and nearly Oue third of the states unrepresented in the National councils it occurs to me As being an Inopportune time to consider amendments to the fundamental Law affecting every portion of the country. If the people of the lately insurgent states Are too disloyal to be allowed to reorganize their state governments in their own Way and too disloyal to elect representatives to Congress it does occur to me As being a strange inconsistency to May that they Are nevertheless Loyal enough to vote upon amendments to the Constitution. These suggestions Are digressive however from Ray line of arguments and i can not pursue them further. In conclusion or. Speaker the states Are the pillars which support the grand National edifice and Are component parts of the Federal government. To sustain them then in what pertain to their jurisdiction is to sustain the government itself. To restore those states which Are now out of their practical relation with the general government i a imposed by the highest impulses of patriotism. Give us therefore restoration give us Union after these Are secured to us we will then to get in a condition to consider what else our situation requires. Citizens it Only make Cert in class is Sueh citizens the Ai Merican definition of the word a a naturalization is found in Bouvier s Law dictionary and is a follows a a naturalization the act by which an alien is male a citizen of the United Statas of Bouvier also defines a a a naturalized citizens to be a one who being born an alien has Law frilly become a citizen of the United states under the Constitution and the same author define an a a Ali n a to be a a one born out of the jurisdiction of the mute l states who Haa not since been naturalized under their Constitution and Chancellor Kent in his commentaries see volume 2, Page 12, says a a an alien is a person Horn out of the jurisdiction and allegiance of the United the supreme court of the United states in considering the Power of Congress on the subject of naturalization also say a a and this Power granted to Congress to establish an uniform Rule of naturalization a by tha Well understood meaning of the word confined to persons born in a foreign country under a foreign government. It i not a Power to raise to the rank of a citizen any one born in the United states who from birth or parentage by the Law of the country belongs to on inferior and subordinate cla9�.�?� Chancellor Kent in treating of this subject of naturalization also says a the act of Congress confines the description of aliens capable of naturalization to free White persons. I presume this excludes the inhabitants of Africa and their descendants and it Nav become a question to what extent persons of mixed blood Are excluded and what shades and degrees of mixture of color disqualify an alien from application for the Benefit of the act of naturalization. Perhaps there might be difficulties aug a to the Copper coloured native of America or the yellow or Tawny races of Tho Asiatic and it May Well be doubted whether any of them Are a White persons within the Purview of the Kent s commentaries . 2, Page 38. Under the construction of this act of Congress thus foreshadowed by or. Kent chinamen have been denied naturalization m California and nowhere within my knowledge have the courts of the country extended its benefits to any but persons of the White race. To the inquiry propounded As to the Power of Congress Over this subject of naturalization i respond that this Grant of authority a to establish a uniform Rule of naturalization a Only confers on the Federal government the Power to admit a aliens a that is persons born out of the jurisdiction and allegiance of the United 8tates, to citizenship and does net Confer of it the Power to elevate to the rank of citizens persons of an inferior race born within Ita jurisdiction and allegiance. If i am right in these conclusions then it follows irresistibly follow i submit that so much of the civil rights Bill As attempts to Confer citizenship on the class of coloured people which is intended to be embraced within it provisions is wholly inoperative and void within the territorial limits at least of the several states of this Union and Only efficient if anywhere in those places to which the exclusive jurisdiction of Congress extends. Now it has been shown or. Speaker and i Hope satisfactorily shown that persons of the african race never hav6 been and still Sie not citizens of the United states by virtue of the provi Alons of the Federal Constitution. I have shown or at least attempted to show that the states can not by any separate action on their part Confer National citizenship on that race of people. I have also endeavoured to show that Congress can not make citizens of the United states of negroes who were born within the jurisdiction and allegiance of the Federal government. My position in relation to that portion of the african race who were born m this country then is that they were left by the Constitution of the United states and As one of the results of our Peculiar institutions in on anomalous and subordinate condition from which Congress by an Ort Inary set of legislation can net relieve them. 1 do not say that Congress might not by an amendment of the naturalisation Laws provide for the naturalization of persons of color born outside of the jurisdiction and allegiance of the United fittes who May arrive Here As emigrants in the Ordinary Way. My argument is not now addressed to that question and i affirm nothing in regard to it either the one Way or the other. What i do insist on is that Congress under the pretence of neutralization can not Confer citizenship on native born persons of an inferior race of people not recognized As citizens by the Constitution. It May be asked How these persons of Afri and mulatto so seas inserted. To Aeise a negro the rights immigration into the state a an at brat under to. of a Pofe mop is sashes we then then met thera now an inhumanity in a Munnjr indo Manuat. To Thorn ill Adyln the Iota to ends to Ond Thi. A til a Utu Prtrt Nln raw Yum a. Mwp3>tmi. A Ord to the . It i them the conduct of the distinguished men who framed the declaration of Independence would have been utterly and flagrantly inconsistent with the principles they asserted and instead of the sympathy of Mankind to which they to confidently appealed they would have deserved and received Universal rebuke and reprobation. A a yet the men who framed this declaration were great men High in literary acquirement a High in their sense of Honor and incapable of asserting principles inconsistent with those on which they were acting. They perfect i v understand the meaning of the language they used and How it would be Antler stood by other Ami they knew that it would not in any part of the civilized world be supported to embrace the it Gro race which by con nou consent bad been excluded from civilized governments and the family of nations and doomed to slavery. They spoke and acted according to then established doctrine and principles and in the Ordinary language of Ike Day Aud no one misunderstood them. The unhappy Black race were separated from the Rhita by indelible Mark and Laws Long before established and were never thought of or spoken of except is property and when the claims of the owner or the profit of the trader were supposed to need Protection. A Ythi state of Public opinion had undergone no change when the Constitution was adopted As is equally evident 1 rom its provisions and Scott Case 19 Howard s United states lie ports Page 410 the court. In the same Case in considering whether the african race were recognized by the Constitution As citizens of the United states say a the words a people of the United states and a citizens Are synonymous terms and mean the same thing. They both describe the political body who according to our Republican institutions form the sovereignty and who hold the Power and conduct the government through their representatives. They Are what we familiarly Call the a Sovereign people and every citizen is one of this people and a constituent member of this sovereignty. The question before us is whether the class of persons described in the pies in abatement that is persons of african descent of in pose a portion of this people and Are constituent members of this sovereignty we think they Are not and that they Are not included and were Sot intended to be included under the word a it Tuens in the Constitution sad can therefore claim none of the rights and privileges which that instrument provided for and Secarea to the citizens of the United states. On the contrary they were St the time considered is a subordinate and inferior class of beings who bad been subjugated by the dominant race and whether emancipated or not yet remained subject to their authority and bad no rights and privileges but such is those who held the Power and the government might choose to Grant them. A it is not the province of the court to decide upon Tho Justice or injustice tha policy or pm policy of these Laws. The dec Siex of that question belonged to the political or Law making Power to those who formed the sovereignty and framed the Constitution. Tea duty of the court is to interpret the instrument they have framed with the Best lights we can obtain of the subject and to administer it As a find it Aoe ording to Ite True intent and meaning when it was also 1$ Howard 406. It May be also added or. Speaker that Wpm. Eur notional government waa instituted degrading lows is to the african Rama existed in nearly All the Statas which were then in existence. Even up to and is late is 1668, in no a Tate except Maine did the african race in Point of fact participate equally with the Whites in the exercise of civil and political rights. See Kent a commentaries sixth edition volume 2, Page 268, note a the Constitution itself allowed the continuation of the african slave Trade until 1808. In View of these historical facts and in the Light of the authorities i have cited it would not have been that the great Man who formed Pur government should have intended that the african race should participate in it a the equals of the Whites and have rail Protection As Citi Sens of it. They could not have intended As great an inconsistency. I do not refer sir to Thia treatment of the african race with any pleasure. I do to Only because my line of argument seems to require it. Ifa fell be said that our fathers tinned in their treatment of this unfortunate race then i answer that they sinned not along hut that the whole civilised world to a greater or Fosa extent participated in the sin and that All a notions and portions of oar country were alike involved in it. Now therefore sir if persons of african descent though born in the counter Are not by virtue of the provisions of the Federal Constitution Tia Enof the United state by what Power and in what Way if at All Nan this class of Pere one be such Clit Lens the states Ean not by any Aai action make them Citi seus of the United states. While so i have shown a state May impose disabilities on this class of Persona which Ite jurisdiction it May at the tame time Confer any privileges and immunities an them or any Pori Fox of them As it May Atelj note within a wit territorial Limite. A a Teta May make webs tis Trasi on the Oua renting on the Power of be states in this shocking accidents two Young ladies drowned in a vault. An Accident of a distressingly painful character shocked the Community Iii the lower end of this City last evening. A party of Friend and visitors had assembled at the House of or. W. E. Brown on Madison Street Between eleventh and twelfth yesterday afternoon and among them s miss Sallie Hart a Young lady from the country just came in on a visit to her Friend miss Jennie Brown daughter of the or. W. E. Brown spoken of and a whose Hou get the Accident which we Are about to relate occurred. Miss Hart was engaged to be married in few weeks and perhaps wishing to Tell mis Jennie about it the Young ladies repaired to the water closet at the end of the Yard and about seventy five feet from the House. They we re not missed for nearly an hour when mrs. Brown finding them absent said to one of her lady Friend a a let us go and see where the girls not finding them in the House they went to the Yard and upon opening the door discovered their Fate. They had entered the water closet the floor Hod Given Way and they were precipitated into the water several feet below. The alarm was Given Stone and assistance procured. The bodies were hooked up from the water after a great Deal of difficulty and examined but life was found to be entirely extinct in both of them. The Accident occurred St about half past three o clock and they were not discovered until half past four. The Coroner to sent for and arriving about dusk summoned a jury and held an inquest the verdict of which was that the Young ladies came to their death by a a accidental miss Brown was about seventeen years of age and miss Hart Nineteen both beautify in and accomplished. Their untimely doom cast a gloom Over the Community in that part of the City in which they were Well known. The Accident seemed to be the result of a careless neglect of repairs of the privy building. An examination proved that the joists supporting the floor gave was because of it being rotted almost entirely through and the floor Plank which were Only four inches in Width were nailed on the outside from the Bottoms thus being unable to support any weight after the Central Joist was Louisville courier. Can descent born in this country can remade citizens of the United state if the people shall really desire to make them such. I answer that this can Only be done by on amendment of the Federal Constitution. In this declaration i feel that i so sustained by the recent action of the committee on reconstruction in the proposed amendments to the Constitution which that committee have reported and which have recently passed Congress in a modified form. The first of the Senes of the proposed amendments is intended to Confer citizenship on that very class of persons. Why then Lisuch an amendment to the Constitution necessary if the civil rights Bill already confers citizenship upon them f i have heard no satisfactory response to that inquiry yet and i know of Nene that can be Given. Hence i infer that the majority Here in Congress doubt the constitutionality of the civil rights Bill at least in so far As it attempts to Confer citizenship on the native coloured race. But it is insisted that these disabilities imposed by Many of the states upon their coloured population Are in opposition to the prevailing sentiment of the times in which we now live and ought to be at once removed. This i maintain it a question for the states themselves to discuss and determine. What is Best for the coloured people in some states May not be Best for them in others and hence the states can Best respectively determine the necessities of these people within their own limits. If let alone by the general government these matters will soon adjust themselves. In the present altered and defenceless condition of the negro race the highest impulses of humanity will impel the White people everywhere 1 firmly believe to provide what is necessary to their Prosperity and Comfort. To doubt this is to cast suspicion on the fit not a and capacity of the White people As a governing race. To allege the unfitness and incapacity of the White race to govern this country in any of its parts is to assert that Republican institutions Are a failure. For under Providence this country is indebted for All its grandeur and glory to the Genius and Energy of the White Mau. To him the jewels of Liberty Progress and civilization were confided on tins continent and upon him devolve their preservation and transmission to posterity. He can not if he would evade his responsibility. Despite the discouragements of the past few years i yet have Faith that he will not fail in the High destiny that has been assigned to him. Let therefore the people of the states upon whom this duty peculiarly devolved is i have attempted to show legislate with care with humanity and with Justice for those of the in. A a a let them see feed and not so a a a Ujj have ail the Protection which their condition demands. Let the White people however retain the Power of the government in their own hands and Wield it for the Good of All. Let there be no visionary attempts to equalize fundamentally different races. Let thera be no surrender of political Power to weaker and untrained hands when the coloured people shall hate developed a the sunlight of Freedom if they Ever shall their capacity for self government it will then he time enough to talk about dividing political Power with than. As for the state of Indiana on whole behalf i have attempted to speak i can very solely predict that Ahe will do with the Dolored race within her Borders whatever humanity requires that she Ahall do and that she will in her own Good time relax her Laws in relation to Thorn who May desire to Migrate into the state if her people shall Ever he convinced that Jua Tiee or sound policy requires her to do this. As to whether she Ahall do to and if so when Are questions for her people to determine Jiow a Var. And not for Congress Foy my own part until some stronger reason than he yet been urged shall provent itself to my mind i will so Ltd opposed to any Vollay which tends to in a Ream the negro population of tha state. There Are some other provi Aiona of this civil Rich Tebell or. Speaker which i would like to a Bicusa but Ray time Krill net permit is. I Ean Only refer to them to general terms. Thia Bill to substance also says that people of color of All shades and Rabea except indians not taxed a shall Hava the same right to a very state and territory to Tho United states to make and Enloe contract. To sue he parties and give evidence to inherit Purchase lease sell hold and convey rent and personal property and to fall and equal Benefit of All Laws and proceedings for tha Security of person and property As it enjoyed by White citizens and shall be subject to like punishment pains and penalties and to none other any Law statute ordinance regulation or custom to the contrary this no Viaina i insist is utterly null and void Botki As it conflicts with state Law is state in constitutions in the pm wherever else Congress it supreme it is doubtless an effective and fahd provision but in matters of local and dome Tio concern within the states it can have no Force and Validity whatever As i believe. This Power of a state Over its Domestic a flairs was never in any manner surrendered to the go feral government and hence we re a a a state respectively or to tha a j m a a our was served to Tito a states respectively or to Pebulo. This it a Cardinal Principio to form of government and until recently never denied that i am aware of by any re a pee Tahu statesman in this country. The convention which assembled at us too in 18fl Alt which first nominated or. Lin Coin for the presidency adapted the following As apart of one of Ita Resolution a it that the May Luranee inviolate of the a a Rwy Jed Ondo Ranc mrea i. Of Ollow lbs us a . 1�s>rib wholesale Trade. Dry goods. Etc. Run 11�n�?i a o. Miro to a. O. A. . Landers Tarkington amp Pattison dry goods and notions to. To South Merit Iuo or or i Schnoll to Block ind. Bjj8 Flam ours Townsy. A. A. Stoa. S. A. Coxa us. To in Al Bihar a co., Joriu or dry goods and notions to. 2 at Ord a look sooth Hort Ion Street id. Mj9 43m Murphy Kennedy a co., wholesale dealer a foreign Tii Donettie dry goods acid notions. To. 42 and 44 lost Washington Street mys us Indianapolis Indiana. Boots and shoes be. 197 Heath Meridian Street. Evans Mato a co., wholesale boots and shoes i a polio Ltd last. Mylo d3m v. A. Sudo icks. I a mantra. W. . Not. Hendb1ck8, Edmunds a co., wholesale dealers in boots and shoes to. M Booth Meridian Street Ashanti s look lad. Hardware Etc. Jas t. Layman. Offsey a , importers of Sod dealer in hardware cutlery Etc., a a owl want atm itt. A Ojo by urdu Mapous 1sd. Jobs. Airman. Roll Kimble amp Aikman wholesale dealer in foreign Domestic hardware and cutlery 12 South Vett Tian Stroot. My log pm �?T"1 1 Dfwar atoll Issiaka. A it Mahery goods. Stiles Fah Ailet a Mccrea a shelf Sale dealers in hats Caps millinery Straw us gown no. 181 South Meridian Street or ,. 1hd1arap0l1s. Indiana. Books. A a nays b. Woods. It. T. Sun Alt. Weyden a 8umwalt, books Nimis Aud stationers had deafen Law a paper window shades Etc., to. 26 Sast Washington St., Indianapolis opposite gleans Block. Heed Usi spr24djul usters for medical books sad Gold pens. Confectionery. A a a Ett co. Confectionery Aad wholesale dealers in Stltt fire works fruits nuts Etc., Etc. 12 South Mort Fea Stroot Indianapolis indians. Liquors. J. C. Nilam Gyb importer sad wholesale Dosier in foreign and Domestic liquor pure Bourbon old sad re whisky pure gis sad Broodie Nei m West Washington Street Vader metropolitan Ball Tondl Ruspoli. Iron steel Etc. W. J. Holu1uy a vo., Iron steel Springs axles nats bolts blacksmiths tools hubs Fellos so Kew Carriage trimmings Etc., Etc., is. 66 South Meridian Street wet often Indianapolis. Indiana. Millinery. Of for. E. L. Ble Mobil co., Fathio Mable hums Siy Gss asst St Maki Iki a a a a r a ill two 1bd1at a. Jmu1 Carre Tinc. Maom oo., Carp tub of even Jhio Kim me agma mrs a a mrs %
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