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The Edmunds Resolutions

The Edmunds Resolutions image
Parent Issue
Day
14
Month
February
Year
1879
Copyright
Public Domain
OCR Text

The resolntions ot Mr. üidmunds, derlnriug the validity of the Thirteenth, Fourteenth and Fifteentli amendrnents to the constitution, being undei consideration - Mr. BayarcI (Democrat) declared that thefirst one to tlirow doubt upou tlio validity of tho amendments waa tho Senator froni Vermout (Edmundu). The reaolutions were not part of the legialative business of the Senate. They wero accompanied by the odor of the caucua, and not that from the room. Thoy savored more of party tacticH than true statesmaiiahip, and did nothing to relieve tho wantn of the people of tlio country. If it were proper for this Senate to doolare the validity of these amondmeníM, thon another party in power eould bring in a resolution declanng their invalidity. To such doctrine he could novcr consent. Armies arrayed to ovortkrow a Government by force were not half o dangerona as tliis nubtle attempt to place a falso oonstrucöon upon the constitntion. It was a design to bring within tho control of Congress tho civil rights of eitizens, whioh had always been intrusted to the States. It was a moat dangerous centralization of power to give the Federal Government that unlimited sway over the rights of citizens whioh had been left wholly to State Goverumeuts. It was against every step in that direction that ho now protested. He referred to the cases to be tried in the Supremo Court of the United States testing üie validit of the Civil Kights law, and said these caseí eould uot be triod too soon. If the power claimed in that bilí di I exist, then the political party, whichever it miglit be, that got possessión of the Government had almost limitless and orasMng power to Bustain itself forever. The vihole object of this resolution was to procure from the Senate an approval oí the uuconstitutional legislation heretofore enactod againat which he strugglod in vain at the time of ita enactment. He wonld be of no party; ho would aid in no legislation, that did not recognize the rights of every man in all parta of tlie country. There was an unwritten law which wonld cruali every man with indiguation who sanghi to soenre the dominion of party over the peace, the security and rights of the'entire American people. Mr Edmunds (Republioan) aid he concuired with bis honorable friend (Bayard) that every I man ahould have equal rights. ' If that was the attitude of his friend and bis party then there waa no difference in the partios on the qneation of equal rights. The only question waa how t& get them. It was the mission of legislation somowhere to seo to it that this equality of all was made real and should eease to be a hollow pretense undor which a minority might control States. The party to which he had the honor to belong liad always believed in the rights of States in the Union, but they alBO believod in the rights of the Union. Ho 'then road f rom the aulmtitute of Mr. Morgan in regard to ita being the duty of the States to puniah violations of theso amendments, and then quoted from the Fifteenth amendment to show fliat it waa m the power ot the rederal (iovernment to pnnish offenders. Ho denied that the Supreme Coiirt of the United States in the lieese case had decided agaiiist the constitutionality of any act of Congress. On the contrary, the court said the indiotraent would have been good had it stated that the man was deprived ot' his right to voto 0:1 accïount of race, color, or previous condition of servitude, and it feil clearly within the jurisdictiou of tho United States to punish the offenders. Wben a State, either by law or the want of law, either by tho adininistiation of .its exeeutive or judicial departments, or the want of administraron, fails to give equal protection to every citizen, the Supreme Court of the United Statos said Congross had the right to euforce that protection against all corner, and everywhere. If there was anything in this libertv of ours, this brotherhood, not only of States and of communities, but the brotherhood of man everywhere, and if the State could not protect tho man, then this common-brotherhood Government of onrs should exte-nd its protecting hand. He deplored the condition of affairs in some Southern Statos, and said it was hearing its necessary fruit, which was bankruptcy, ruin ! and distreas hanging over somo of them, on account of which they" could notpay their honest debt-s. He was not for roctifyingwrongs in one fleetion of the country and not in another. There was not tho slightest inclination on the i part of Soaators on hia side of the chamber to Bhut their eyes against real or imaerinary wrong anywhere in the North. It was for the Senate to Ray whether it was ready to extend its constitutional power for the protêction of civil rights that are eesential to the existenco of the States. Mr. Whyte (Democrat) spolce in onposition to the resolutions. He denled that the whole power of controlling elections for members of Oongress belonged to Congress. It was for the Stilte to pro'ect its citizens in the right of puffrago. It waa uder control of the" State aul must be protected by tho Statos. The United States bad 110 right to interfere except in cases of abridgement of that right provided for in the Fifteenth amendment. The United States had no voters of its own, and there was no one to I protect until the State denied a man the right to voto on account of race, color, or previous condition of servitude. Mr. Garland (Demncrat) moved to amend the substitnte of Mr. Morgan, so that it should read, "that, although the Thirteenth, Fourteenth and Fifteenth amondments to the constitution were not adopted in a legal manner, yet, having been accepted, recognized and acqnieaced in by the States, they are as valid and binding." etc. Rejonted. Mr. Hill (Democrat) said this discussion had developed the fact that all accepted the Thirteenth, Fourteenth and Fifteenth amendments. The Democrats accepted them and obeyed thom. He trusted now his friends on the other sido of tho chamber would not go home and teil their people that the Democrats did not accept them. He did not think any good eonM come from this discuaaion. and he thoncht it timo to close it now, and with it close the door on the war. He said the Sonate got into differences on account of discussing the form of these reaolutiona rather tlian their substanee. It was useless to tako up the time of the Senate ia tlu's discussion, and he did not seo how any good was to he accomplished by continuing the wrangle over these resolutions. Mr. Edmunds said no one conld have any difficulty in iinding out what the resolutions meant. They meant what the honorable Senatora on the other side did not agree to. Thev meant legishition toprotect voters. He referred to the tissue hallots in South CaroliDa, and said títere was no law ia tho United States to punish ; persons for using tbem, and the State law seemed slow to vindícate tho rights of citiüeDS. Mr. Hillsaid itmusthe conceded byevery Senator on the floor thatnolegislationeonternplated I bv the Senator from Vermont could be matnred atthis seasionof Congress. There wei-e j tant subjeets to act od, many of which could ! not be acted upon, if this cliiscussion was continucd. Of cours suggestions of fraud in one I portion of the country from one side of the ! charabcr would bring forth replies from the other sirle. The country would not be benefited nor the Sonate enlightened by the opinions of gentlemen on theso resolutions or the substituto of the Senator from Alabama (Morgan). He frankly confessed that none of them suitod him. Mr. Edmnnda said the wholo matter was just this: That whilo the politioal party to which hisfriend, Ilill, belongedvotcdagainat tho Tbirteenth, Fourteenth, and Fiftoonth amendmente, they now declared them valid. Those amondments had been adnpted, although evory State having a Democratie Legislature had refused to agreo to them, and some Legislaturas which aftorward became Democratie attempted to withdraw the ratifleation given by previous Legislaturas. Thero had never beon any lation to carry out any of these amendmenta which did not meot with the opposition of tho ' Democratie party, and if that party would bo i consihtent to its opinión? and come into power, I all these amondmonts and the lawe to enforee them would be swept from tho statuto bookn Í under State laws. Iii one section wrong, j anny and opprossion had entered into the i tion of memnors of the other branch of Congress, and the Senate skould act promptly to correct these evils. The real difficulry was that the Democratie party professed to do as South Carolina mflisteo lipón in 18833, and that was that there should be left to the supreme power of the States the opportunity practically to ntülify. The resolutions were then put to a i vote and adoptcd. Yeas, 23; nays, 17. Following is the text of the resolutions: Resolved, As tho judgment of the Sonate, that the Thirteenth, Fourteenth and Fifteenth ainendments to the constitution of the United States havo been legally ratified and are as valid and of the same paramount authority as any other part of tlio constitution; tliat tho neople of cach State have a common interest iu the enforecment of the whole constitution in every State in tho Union, aud that it is alike the duty of ('ongross to enforee said amendments, and to protect every eitizen iu the exerciae of tho rights thereby seoured by tho laws of a general character alrêady paseed" for that purpose, and by further appropriato legislation, so far as euch enforcenient and proteotioa are not serurcd by exÏHtiug laws, and that it is the duty of the exoeutive department of tho Governinoiit falthfully and with diligence to carry all such laws into impartial execution, and of CongreM to appropriate all moneyg nco'lful for that end. Smolved, furthèr, That it ia the duty of Coagress to próvido by law for tho full aiid impartial protection of all citizens of the United States duly qualifled in tho right to vote for ntitivesin Congreas, and to this end the Committoe on Judieiary bo and it is hereby inKhucted to prepare and report as soon as'may be a bilí for the protoction of such rights and tho puiiiahmeut of infractious thereof.

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Subjects
Old News
Michigan Argus