The daily phoenix. (Columbia, S.C.) 1865-1878, January 11, 1874, Image 1
o
iPFIGE formerly occupiedb
Montakh * Bauakett.
. Breakfast 8trip? and Hams,
ICiCUX LBS. Extra BREAKFAST
,UUU STRIPS. 3,00& lbs. Sugar-cured
HAMS; for aale low for oash.
Jan 8_ HOPE A OYLES.
Clarified Sugars,
p? (\ BARRELS A, Ex. 0 and O, for sale
t?V?ioir for greenbacks.
Jan 9 HOPE A GYLES.
200
_ Venison Hams.
LBS< ohoioe VENISON HAMS.
Jan 8 HOPE A OYLES.
To Rent,
ASMALL FOUR BOOH OOTTAGE, below
the State Houae. Apply to
Jan 0 _J. B?LZBACHER.
To Rent or for Bale
THE HOUSE on the corner of Lady
and Assembly street*. PoaseBBioo
given immediately. Apply to
Dec10 B.tn.0,8WAFFIELD.
-e-1. ^-?
Important Notice.
DEPOSITORS OF MONEY In the Colum?
bia offloo of the CITIZENS' SAVINGS |
BANK OF SOUTH CAROLINA are requested j
to call at "the, office of said Bank, during
banking hours of THIS WEEK, on business
of gremt importance to themselves.
J. O. B. SMITH,
Jan 4' ._Local Assistant Cashier.
Hardware! Hardware! 1
THE undersigned, having found the cash
buBlnoae-in their Grooery Department a I
complete success, have determined to conduct
the Hardware Department on a strictly sash
basis also. They nave, therefore, greatly re?
duced the prloes for all heavy Roods in this
line, embracing IRON, NAILS, 8TEEL,
SPRINGS. AXLES and CARRIAGE MATE?
RIALS, being convinced that a quick penny
is better than a slow shilling.
MST Purchasers will save money by ex?
amining our stook and prices before pur?
chasing. Terms cash before delivery.
Jan, 6_JOHN AQNEW & SON.
T. M. WilkcB,, Attorney at Law,
AND United Btatea Commissioner for Cir?
cuit and District Courts for Bouth Ca?
rolina. Office over the Carolina National
Bank, Columbia, B. C._Deo 30
Bonds, Stocke, &c.
IBUY and SELL on COMMISSION and
my own account, at current ratos:
BONDS and STOCKS or RAILROADS,
Bonds and Stocks of States and United
States,' Bonds and Stocks of Cities and other
corporations. Bank Notes, Coupons, Gold
ana Silver Coin, and approved Claim b against
the United 8tate8, St ate and County.
D. GAMBRELL, Brokttr. Main .street,
. Aug 10 -rOmo 2d door 8outh Wheeler Houso.
Extraordinary
AND
IMPORTANT AKKOVKGEHIHT! -
OF
DRY GOODS
AT AND
BELOW OOSTM
THE continued pressure of hard times
compels us to make this MOST ALARM?
ING SACRIFICE, but as we must have
money, in order to pay our creditors, we wid
givo the public hucU an opportunity to sup?
ply their many wants as they have never be?
fore had in the history of this city.
Useful patterns DRESS GOODS at 12,15,
20, 25 cents?worth double.
BILK BALERNAS, BERLIN CORDS and
EMPBE8S CLOTHS, 87 cents?hair price.
JAPANESE BILKS, 25 cents, (astounding
bargain,) 60 and 75 cents?way down.
SILK PONGEES, BEPTARRAS, CASH
MEBEB, (all new shades,) 75 cents?worth
$1.26. ?
FIGUBED EPINGLES, (a beautiful North
orn novelty,) 50 cents?cost na 75.
A large line of CLOAKS and JACKETS, wo
offer at 25 cents on tho dollar.
A full assortment of FURS, at scarcely
half New York prices.
Twenty boxes of LINEN COLLARS and
CUFFS will bo sold at 5 and 10 cents?worth
four timeB the money.
HouBe-furniBhing Goods, although quite I
uUple, we have marked BELOW COST.
They include a fine Uno of LINEN DOYLIES,
at 60 cents and $1.00. Also, large Marseilles
BED SPREADS, from $1.60 up. 'lable and
Piano Covers, with other upholstery essen?
tials, we will eloeo out at one-half their |
original value.
Our entire stock of MILLINERY, RIB?
BONS, FLOWERS, LACES, Ac. will be of-,
fered at such prices as cannot fail to effect a
clearanee.
Wo have only enumerated a few leading
lines, but the whole Btock is offered without
any reserve whatever. Cash must be paid
on deUvery of goods; from this, thero will be
no deviation. Parcels shall be delivered in
the order in which they arc bought.
All parties owing us monoy mnat call and
sottle, or we shall bo compelled to resort to
other measures.
Deo 18 J. H. KIN ARD A CO.
$100,000
IN
FOR
CLOTHING
CENTS' rCBSlSDlKG GOODS,
BOUGHT Bince the great decline, and we
aro soiling them at the vary lowest
pricss for cash. Wo intend to givo our cus?
tomers the advantage of the LOW PBIOEB.
Oomo and seo our stock. Wo consider it a
compliment fur persons to call and seo our
goods_KINABD A WILEY.
HOMEOPATHY.''
DR. SOHLEY, Homcoopathlst, rospoctfully
oftarB bis servicos to the citizens of Co?
lumbia. Office over Duffle's Book Store, op
posito Columbia Hotel. Office hours from 8
to 10 A.M., 2 to 4 and 7 to 9 P.M.
Dec 7 3moe
BY J. A. SELBY. C<
Special KTotloes.
OBSTACLES TO MARRIAGE.
Happy Kuller for Young Men from Hie
effects of errors and abuses in early life.
Manhood restored. Impediments to Mar
rhigo removed. New method of treatment.
New and remarkable remedies, books and
Circulars sent free, in sealed envelopes. Ad
drees HOWARD ASSOCIATION. No. 2 South
Ninth street, Philadelphia, Pa_an institu?
tion having a high reputation fur honorable
conduct and professional skill. Oct 30 Brno
Ok gk D ..NMSON'S
H "PATENT SHIPPING TAGS!
.OverTwo Handred Million? have
Jboen used within tbu past ton
_lyears, without complaint of Iosb
by Tag becoming detached. They are more
reliable for marking Cotton Bales than any
Tag in one. All Express Companies nso
them. Sold by Printers aad Stationers
everywhere. OctfS f3mos
TEE HXLS POWES
CURES
II?Ml'HHEVS'
HOMEOPATHIC SPECIFICS
HAVE PROVED, FROM THE MOBT
ample experience, an entire success. Simple,
Prompt, Efficient and lleliatile. They are tho only
medianes perfectly adapted to popular use?so
simple that mistakes ennnnt be made in usinfr
them; bo harmless us to be free from danger; and
so efficient as to be rd way s reliable. They nave tho
highest commendation from nil, and will always
rendersati?fuction. Price, inliinjetbree-druehni
vials, with directions :
Nos. Cure?. Cent*.
x I. Fevers, Congestion, Inflammation?, . . 50
? 2. Worms, Wunii Fever, Worm Colic, . . 50
3. Crylng-Coltc, orTcethingof Infuubt, . .10
4. Diarrhoea, of Children or Adult*, . . 50
6. Dysentery, Grilling, bilious Colic, .'. SO
6. Cholera-Morons, Vomiting, . . .' . AO
7. coughs, Colds, Bronchitis, . . . . * . AO
. 8. Neuralgin, Toothache, Faccarhc, . . ? . .'>0
V. ncadaches, Kick Headache, Vertigo, . so
10. Dyspepsia, Bilious Stomach, . . .'. .'J|
11. Suppressed, or Painfiil Parioda, . . * . So
12. Whites, too Profusa Periods, . . . *. SO
13. Croup, Cough, Difficult Bieathfag, . I . M
?14? Saltllhcum, Erysipelas. Eruptions, ? . So
M? Rheumatism, Rheumatic Pain", . .'. SO
10. revcr und Ague, ChiU Fever, A^ues, SO
17. Piles, blind ox bleeding,.SO
18. Ophthalmy, and Sore or Weak Eyes, . 60
19. Catarrh, Acute or Chronic Inlluenzii, . SO
20. Whooplnc-Congh, Violent Couijhs, . 50
21. Asthmo,, Oppressed Breathing, ... 60
22. Ear Discharges, Impaired nearin;?, . 50
23. Scrofula, Enlaced Glands, Swellings . 50
24. General Debility, Physical Weakness, . SO
25. Dropsy nnd Scanty Secret ions, . ... 50
20. Sca-SlchneBS, Sickness from Ridiujj, . SO
gji Ktdney-Dlsense, Gravel,.50
"8. Nervoni Debility, Seminal Weakness,
or Involuntary Discharges,.1 00
29. Sore Mouth, Canker, . . . . . . . 50
so Urinary Weakness, wetting the sum, so
31. Painful Periods, with Spasms, . . SO
32. Sufferings nt Chang.! of I.lie, . . . . 100
33. Bptlepscy, Spasms, St. A ituB?Dance, . 100
34. Diphtheria, CU-eraU.il Sorei Throat,. . 50
35. Chronic Congestions and Eruption?, 50
WrV-~~FAMILY CASKS. ,vX?
Cano (Morocco) with above 35 larp;c vials and
? Manual of Directions, . . . ? f m "
Case (Morocco) of 20 larpo vials und Ijoolc, 0 00
. DOT These remedies uro sent l>y tue
case or singlo box to nuy part of the
country, free of charge, on receipt of
price. Address /.
Humphreys' Specific ... _ -
" Homeopathic wfedlcme Co.,
Office and Depot, No. W!2 BnoAPWAY, NEW YORK.
For Sale by all Druggists.
For sale ny Ueiger A McGregor, Agents.
Dec 17 +*:iy
A MEDICINE WORTH HAVIN0.
MCINI l'SH's Q,CKICN'S DKL.IOIIT,
FOR Sick Headache, Bilious Attacks. Con?
stipation, Sour Stomach, Dyspepsia, In?
digestion. Scrofula. Jaundice, Pain in the
Back, Nooini;;iv, Dropsy, Skin Disoasca,
Loss of Appetite, Depression of Spirits,
Heartburn. Rheumatism, Nervousness, Me?
lancholy, Bilious Fever, Comvonesa.
Ask for Hciuitah's Queen's Delight; noue
other in genuine. For Hale nt
Dec 10f K. II. HEINITSH'S Dr ug Store.
Notice.
Or.EK.SMUX AND COLUMBIA RAILItOAl) Co.,
Tui AsnnKii'.s Orm.K.
Columbia, S. C, January 1,1874.
OLDK1IS of the STATE GUARANTEED
BONDS and the admitted SECOND
(2d) MORTGAGE BONDS ul H.ih Company,
who liavc funded the paid due Coupons of
said Bonds,matured be ween January, eight?
een bundled and seventy-two, (1872,) and
July, eighteen hundred and Boventy-three,
(1873.) both inclusive, are notified that
the January, eighteen hundred and Beventy*
four, Coupons of Haid Bonds, and, also, those
of tho lunded Interest Bend? and Certifi?
cates, will ho paid on presentation at this
office on the FIFTEENTH (13th. INST.
CEO. W. WATERMAN,
Jan 1 Trcaeun r.
GOOD GOODSf
wii.t.
Always be Found
at tiii:
GRAN D C ENTRAL
DRY' GOODS* BSTABLISIIJIEST
OTM. D. LOVE & CO.
W/E would resptctlully announce to our
.7 patrons that, notwithstanding our
EXTENSIVE SALES during the paHt month,
OUR STOCK is still COMPLETE in all the
DEPARTMENTS. New Goods received daily.
Customers are requested to examine our
CHOICE ASSORTMENT before purchasing,
as wo ALWAYS have a groat many GOODS
needed in every firuily, at POPULAR
PRIOES.
Preparatory to taking our joarly luven
torv, wo will disposo of a groat many Goods,
at VERY LOW PRICKS, at tho
The Grand Central
Dry Goods Establishment
OF
WM. D. LOVE & CO.,
Under tho Wheeler Houho.
WM. D. LOVK. B. II. MoCREERY.
N. B?CARPETS selling very low to re
tluoa stock.?_ Jan 4
Goal! Coal! Coal!
T0N? ORATE COAL,
OVJVJ 260 tons STOVE COAL,
100 tons SMITH'S COAL.
For sale by BOWEN A LaFAR. Agente.
tfir Union-Herald cojy. Dec 9 lino
IT
'Let out Just Censure
DLUMBIA, S. 0., SUNDAY M
$25 Per Thousand.
A large stock of CIGARS juBt received, and
in order to guarantee quick sales, will bo Hold
at the above price.- Parties wishing a supply
will do well to order at onco. Wo aro now
prepared to furnieh dca'ers, and solicit a call
or ordpr for surnnles.
PERRY A SLAWSON,
Indian Girl Cigar Store, Columbia, S. C.
Jan C
For the New Year, I am resolved to
make new and increasing efforts to
meet the trying requirements of the
times. Whilst keeping a full stock
and continually opening up Fresh
Goo dB, my expenses are so muoh less
than the other dry goods houses, that
you can save money, save time, and |
save patience, by dealing at my store.
C. F. JACKSON,
"The Leader of Low Prices."
_Jan C_
N E W ~P ?B Lie" ATI 0 NS~
At Bryan's Bookstore.
MEMOIRS OF MANY MEN AND SOME
WOMEN. By MauueellB. Field. $2.
Goulbrurn's Gospel of the Childhood. $1.25.
Mrs. Bcecbcr'd House-keeper and Health- |
keeper. $1.50.
John Stuart Mill's Autobiography. $2.25.
Sciunco anel Religion. By Prof. Joseph
LeConte. $1.50.
Tho Atmosphere, with beautiful chromo
plates. By Camilla Flamariou. fG.
Crooked Places?A Novel. By Edward
Garrott.
Naucy?A Novel. By Author of "Red as n
Rone." 7."> cents.
Joseph the Jew?A Novel. 50 cents.
A Great Lady?A German Novel. 75ccnte.
And other new books. Dec :1()
fj"UJ E late telegrams from Washington, sn
.l nonuoitig the decision of tho United
Slates Supremo Court, concerning tho
Bills of the Bank oi the State.
Did not create moro excitement iu Columbia |
than was caused by tho announcement that;
thcro are* plenty moro of those fine Havana.
CIGARS, of our own make, which are still all
the) rage-. Wo also announce that building
and Loan and Greenbacks arc
Bcceived at Par.
Great throngs aro flocking to avail them-!
selves of this opportunity to procure the]
choice Tobaccos and Cigars tu be had
Al tho California Cigar Store.
NovO M. SULZ BACHE R.
CLOTHING f DRY GOODS !
GENTS' FUUKI8I1INO GOODS!
LOOK OUT FOR BARGAINS!
fl^HE undersigned, equal to tho wants of
A. his friends and tho publio iu general,
has ro-opened on Main street, at tho stand
formerly occupied by John C. Dial, with a
large amrlfcell-selectcd stork of DRY GOODS,
CLOTHING and GliNTS' FURNISHING
GOODS, which he offers at prices that defy
competition. Bcuncctfnlly soliciting a share
of tho patronage hitherto extended to him,
ho promises lull satisfaction to all that fa?
vor him with a call. II. GOODMAN.
Oct 22 !
Jewelry! Jewelry! Jewelry!
WM. GLAZE,
AT bis new storo, Main street, nearly op?
posite the Central National Pank, ban
a large and beautiful stock of lino WATCHES,
stem and key winders, from the best Eu?
ropean and American manufacturers, and of
bis own importation, in Rold and silver cases.
Elegant JEWELRY! An unrivaled assort?
ment just received, and all the latest styles.
Sterling SILVER-WARE, in seta and cases.
Bridal Presents, and a very flue selection of
Plated-Waro, Gold Watch and Neck Chains,
Lockets, e legant Seal, Wedding and Engage?
ment Rings, large stock of Spectacles and
Eye-Glasses, Clocks, Musical Boxes, and u
great variety of Fancy Articles, My stool: is
the largest and he-ot selected m the Southern
country, and will bo nohl as cheap as the
same article can be bought anywhere.
_ Oct 21
MILLINERY.
First Prize Awarded at F.iir of 1873.
MRS. C. E. REED haM ope ned
a lino assortment of Ladies',
Misses' and Children's BON?
NETS, Hals. Cans,Cloaks, Red
illgotos, Furs, Uudur-woar and
' Hair of all description*; also,
Mis. Moody's and other styles
of Corsets. All e>f which will
be sohl at re duced prices. Mrs.
Heed was awarded the highest
premiums at tho State Pairs for the Lest
Millinery. Oct 2.1 3mo
CONGrAREE IRON WORKS,
culuaiuia, S. c.
JOHN ALEXANDER, Proprietor.
MANUFACTU?
RER OF STEAM
ENGINES, SAW
, A N D i\ R 1 S T
MILLS, GinGear
i?(wiOR, and all kindB
V'JJrof Iron Caatings
lor Machinery
and Ornamental
0 a a t i n g p. in i
Stores and Dwell?
ings, Patent Railing)) for Oardtlis ui.cl Ceme?
teries, Iro.i Settees and Arbor Chsnv; ai*o.
Braes Castings of all kinds, Bells for
Churches, Schools, Work-BiD'ps, Ac Gun
ran too all my work first olaes and ?qu?l to
any North or Sontb.
Works at foot of Lady street, and t e?r to
Sonth Carolina and Groenville and Cnlun-bU
Railroad Companies' Depots. N< v \n
sTe. st&atton, trial Idsj 1CF,
O?ice on Assembly street, behoeen Lotly ami
Waohington streets,
DEVOTES sspeclal attention to tho ror tal
of housos, tho collootion of rents, and
to thoso remedies pursued by civil action
and proceedings, Dee 28 *lmo
Attend the True
OBNING, JANUARY 11, 187
Speech of lion. Alezander H. Stephens,
of Georgia, on tlic civil Ulghts Bill,
Delivered In the House or Representa?
tives on the Sth of January, 1874.
Mr. Stephens prefaces hit; speech by
a beaatifnl dedication to hiB constitu?
ent, in whiob he aeks thoir dispassion
ato and calm jadgmont upon this solemn
otteranco und mastcriy argnment upon
s. matter which affects equally the iu
tegity of the Government and the rights
and sensibilities of the States and peo?
ple of the Sontb. At the oatset, he ex?
patiates upon tho immensely important
character of tbo question which is be?
fore him to discuss. Steady, as well as
skillful, ho says, should bo tho hand of
him who pnts the probe about tho
"heart-strings of life" of any ono single
human being, however hamble; mach
moro should it be so with him who deals
with questions affecting the vital func?
tions of commonwealths, whether State
or Federal. After quoting tho language
of tho bill, and stating negatively why
! be opposes it, and reproducing from his
past declarations before tho Legislature
of Georgia views and advice which em?
brace tho fullest protection of tho
rights of the freedmen of that State,
and insist upon the concession of justice
and even magnanimity to them, and
disavowing for bis people any class
legislation ns existing or intended, Mr.
Stephens enters fairly npon an argu?
ment which is both unauswereel and un?
answerable With slight omission?, vre
givo it ns follows:
I am now to assign some of the rea?
sons, affirmatively, why I oppose it. Iu
the first place, I am opposed to the pas
sago of this mcasarc, or any ono kin?
dred to it, oven if any of the rights
proposeel to be secured by it wero pro?
perly jubt in themselves, because of the
want of necessary power under the Con?
stitution, on tho part of Congress, to
apply tho appropriate remedy by tho
enactment of uuy such law us this bill
proposes. I presume that it will not be
assuming too much Id take it for
{granted that it will be admitted by
j every member of tho Jlousc that the
I powers of Congress arc specific as well
as limited, and that all tho powers
which Congress can, legislatively or
otherwise, rightfully exercise, are held
by delegation from tho people of the
several States of tho Union. Where,
the", in tho Constitution is to be found ;
tho power which authorizes the passage
of this measure? Tho power under
which it is churned, us I understand it,
is derived chiefly from tho first and
fifth sections of tho fourteenth nrtiole
of amendment. It is true, in this con?
nection, I have frequently seen refer?
ence made, also, to tho fifteenth article
of amenelment. To seo how fur the
power is Sustained by tho claim, we
must, therefore, look into tho purport
and meaning of both these articles of
amendment us they stand, without uuy
consideration, at this time, us to their
history, or how they became incorpo?
rated into the organic law of the Union, i
Tho two suctions of tho fourteenth |
article referred to uro iu the following
words:
"AiiTicr.k XIV.? Sec. 1. All persons
born or naturalized iu tho United
States, and subject to the jurisdiction
thereof, are citizens of the United
States aud of the Stute wherein they re?
side. No Stute shall make or enforce
any law which shall abridge tbo privi?
leges or immunities of citizvus of the
(United States; nor shall any State de
i prive uuy person of life, liberty or pro?
perty, without due process of law; nor
deny to any person within its jurisdic?
tion the equal protection of tho laws."
"Sec. ?. The Congress shall hive
power to enforce, by appropriate legis?
lation, the provisions of this article.'"
{Sections 2, ? and -1 of this article em
braco a number of different subjects, not
at all germuuu to the one under consi?
deration.
The fifteenth article is iu the following
wortls:
"Auticlb XV. ? Sue. i. The right of
citizens of the Uuitetl Siutcs to vote
shall not bo denied or abridged by the
United States or by any Statt.? on ac?
count of race, col<?r or previous condi?
tion of servitude.
4'Seo. 2. Tbo Congress* shall have
power to enforce 'his urlicle by appro?
priate legislation."
Tho reading of the fifteenth amend?
ment shows it hai no application what?
ever to the subject. Its main object was
to deny to both Congress auel tho States
tho exercise of a certain power.
And as to tho first section of the four?
teenth, all I have to say here is, that it
very dearly appears from its words that
it has but two objects. Thcso were,
? first, to declare tho colored race to be
ottizeuB of the Uuited States, aud of tho
States, respectively, in which they re
hlde; and, secondly, to prohibit the
S'ntt-0, severally, from denying to the
uluss of citizens, so declared, the same
privilrgt-s, immunities and civil rights
whieh were secured to tho citizens of
the several States, respectively, and of
the Uuited Slates, by the Constitntion
as it sloe d before citizenship to the co
4. VOL. IX?NO. 2^ <
lorcd race wbb declared by thia amend?
ment. I
As to the fifth section of tho four- ?
teonth amendment and tho second seo
tion of the fifteenth, so far as they re- ;
late to the subject matter of the body of
each amendment, respectively, their
clear meaning and import are to pro-,
vide security to the colored raoe in the it
enjoyment of thu privileges, immunities!
and rights so declared, in the same way ;
and in like mauner as was provided for|i
the security of like privileges, immuni-J
ties and rights of tho citizens of the!
several States, respectively, by the Con?
stitution before thia amendment, and i
that no other remedy for a violation of
tho prohibitions on State action in either
of these amendments was contemplated
than luch as existed for like violations
of liko prohibitions anterior to the
amandments. The exercise of no new
power was conferred by either of these
new amendments. The denial of the
exercise of any number of powers by the.
United StatoB, severally, does not, most
certuiuly, confer its exercise upon the;
Congress of the States. Neitber of these!
amendments confer, bestow, or even de?
clare, any rights, at all, to citizens of
the United States, or to any class what?
ever Upon tho colored race, they,
neither confer, bestow or declare civil
rights of any character?not even thej
right of franchise. They only forbid,
the States from discriminating in their
laws against tho colored raco in the bo-'
stowment of such rights as they may;
severally deem best to bestow upon their
own citizens. Whatever rights they
grant to other citizens shall not bo de-j
nied to tho colored raco as a class.,
This is tho whole of the matter.. Thej
question, then, is, bow can Congress
enforce a prohibition of the exercise of
these powers by a State? Most as-j
snrcdly, in tho same woy they enforced
or provided for violations of like probi-!
I bilious anterior to these amendments^
The proper remedies before were, and!
are, nothing but tho judgments of.
courts, to bo rendered in such wuy as,
Congress might provide, declaring any'
State Act iu violation of the prohibi?
tions to be null and of no effect, because
of their being iu violation of this cove?
nant between tho StateB, as set forth iu
tho Constitution of the United States.
No now power over this matter of a dif-.
fereut nature or character from that
previously delegated over like subjects,
was intended to bo conferred by the'
concluding sections of eithor the four-!
teeuth or fifteenth article of amend-.
ment. No such thing as the tremcu-l
I dous power of exercising general muni?
cipal, as well as criminal legislation,
over the people o: the several States,;
could have been dreamed of by the pro-'
posers of these amendments. Such a(
construction would entirely upset the
wholo fabric of the Government, the
maintenance of which iu its integrity'
was the avowed object of tho war. If
tho construction upon which this bill'
rests be a true construction, theu you'
I have power to prosecute and punish all
those iu Georgia and other Stutes, num?
bering not only thousands but hundreds,
of thousands, who are seeking to avail
themselves of tbo benefit of relief Acts'
passed by their Stales, which Acts the
Supreme Court of tho United States,
have declared, iu tho way properly pro-'
Tided by Congress, to be in violation of.
' that clause of tho Constitution prohibit?
ing tbo States, severally, from passing
any law impairing the obligation ol
'contracts. The prohibition against the
States iu tho one case is the same in
i words ntnl effect as in thu other. To,
! what monstrous consequences would not
'such u construction lead! It is my pur
? pose, fir, to show, beyond the power ul
I refutation, the correctness of all these
j propositions or positions.
Fust, then, that the chief object ol,
i the 1st aud 5th Suctions of the four?
teenth amendment was, as stateJ, to
! make citizens of this class of persons,
there oati L*e no doubt, or if there was
I an)' doubt before, it seems that there
! ought to be uono any longer; fort-Be'
! Supreme Court, iu the ease before cited,
Jsniil, iu direct terms, of these parts ot
i tho fourteenth amendment just quoted,
. that "its main object wue to establish
i citizenship of the negro, can admit of
no doubt." So that propositiou may
! rest there.
Next, as to tli3 correctness of the
i other propositions, I prefer to rely upon
' tin) K.IU1I' high authority rather than to
1 indulge iu any process of reasoning my
: self. I, therefore, shall eite extensively
I from tho same decision iu suatuiument
|ot all the positions takeu.
I Iu speaking of that clause of the
Constitution, as it stood before this
amendment, in roferouco to tbt> privi?
leges and immunities of citizens of the
sovorul States secured by it, tho court
distiuotly asserts:
"Its solo purpose was to deolare to
tho several Statos, that whatever those
rights, as you grant or establish thorn to
your own Citizens, or as you limit or
qualify, or impose restrictions on their
exercise, tho samo, neither moro nor
less, shall bo the measure of the lights
of oitizeus of other States within your
jurisdiction."
And iu relation to tbo powers of Con?
gress to enforce ench rights nndor the
Constitution, as it stood before, by
municipal laws operating over the peo?
ple of the States, the oourt further as?
serts:
"3t would bo the vainest show o!
ri r$s?> | a I .<,~i\cv.; f<:', ; : ?
learning to attempt to prove, by eita
lions of authority, that, op to the adop?
tion of, tbe recent amendments, no
jlsim or pretenoe was set up that those
rights depended on the Federal Govern?
ment for their existence or protection,
lieyond the very few express limitations'
which the Federal Constitution imposed
upon the States, such, for instance, as
the prohibition against ex post facto
laws, bills of attainder, and laws impair?
ing tbe obligation of contracts. But,
with the exoeption of these and a few
ather restrictions, the entire domain of
the privileges aud immunities of citi?
zens of the States, as above defined, lay
within tho oonstitntional and legislative
power of tbe States, and without that of
the Federal Government." ,'
Tho court, then, in reference to the
powers of Congress to pass municipal
laws as a proper remedy against tbe ex?
ercise of powers prohibited to the States
by tho Constitution^ with great point
and poteucy puts the question:
'?'Was it the purpose of the fourteenth
amendment, by the simple declaration
that no State should, make or enforce
any law which shall abridge the privi?
leges and immunities ot citizens, of the
United Stales, to transfer the seoatity;
and protection of ail . the civil righte
which wo have mentioned from the
States to the Federal Government?
And where it is declared that Congress
shall have power to enforce that article,
was it intended to bring within the
power of Congress the entire domain of
civil rights heretofore belonging ex?
clusively to tho States?"
They answer it, too, with equal em?
phasis and power, in these words:
"All this, and more, must follow, if
tbe proposition of the plaintiffs in error
bo sound. For, not only are these
rights subject to the c atrol of Con?
gress, whenever, in its discretion, atry
of them are supposed to be abridged by
State legislation, bat that body may
also pass laws iu advance, limiting and
restricting tbo oxercise of legislative
power by tho States, in their moat ordi?
nary und useful functions, as, in its
judgment it may think proper on all <
such subjects. And still farther, euch -a -
construction, followed by the reversal ot"
tho judgments of the Supreme Court of
Louisiana in these oases, would consti?
tute this court a perpetual ceusor upon
all legislation of tho States, on the oivil.
rights of their own citizens, with aa?
thority to nullify such as it did not ap?
prove as consistent with those rights, as
they existed at the time of tho adoption
of this amendment."
Further on, in tho same decision, in
speaking of the fourteenth and fifteenth
amendments, uud the heat and excite?
ment of popular sentiment when they
were before the people, the court gives
forth certain other most important utter?
ances on this subject, to which I call
special attention. They say!
"Under tho pressure of all the excited
feeling growing out of the war, our
statesmen have still believed that the
existence, of the States, with powers for
domentio nuu local government, includ?
ing tho regulation of civil rights?tho
rights of person aud of property?was
essential to tho perfect working of our
complex form of government, though
they havo thought proper to impose ad?
ditional limitations on the States, and
to confer additional power on that of
the nation."
Additional prohibitions imposed upon
the States, severally, and additional,
powers conferred apon the General Go?
vernment, but nonu of a new nature or
character.
It is here judicially affirmed that all
the essential features- of our original
complex Federal system aro still pre?
served. Iu substanoe it amounts to
this, that these amendments (whether
rightfully or wrongfnlly incorporated
into the Constitution) do not change
the nature and character of the Govern?
ment. Soul inspiring words are these!.
Sli long ns an incorruptible judiciary
shall sustain the pillars f the Constitu?
tion iu their stately position, aud tho
grand old Federal arch unbroken in any
of its parts-, uo serious apprehension
uoed be indulged in as to her future
sufoty from the batteries of legislative
demolition or reconstruction of the
temple of onr liberties, if the people of
the aoveral States shall continue-equally
true to themselves. The United States
still exist us a Federal republic, uud are
not yet merged into a centralizud em?
pire. It is true tbe court hero speaks
of the States in union as a nation. This
i?, also, eminently correct, as tho word
was here, doubtless intended to be used.
The Uuited States is, indeed, and over
has becu, a nutiou, aud a nation of the
highest typo. It is a Federal republic?
>i republic of republic*. Heuce the ar?
morial motto Btamped npou the great
seul. ns it was, in the beginning: Eplit
ribns unmn?a nation of natiois!
But to proceed. I wish to call special
attention to another decision, made by
the same tribunal, nt tho same term,
Slsec 16 Walluco, 138-9.] giving addi?
tional light upon the true construction
of the fourteenth amendment, whioh
vety clearly .shows that the power
eluiiued under it, even as it stands, can?
not justify tho passage of this bill, and
, that tho rights embraced within its pro?
visions aro not of that character whioh
can bo rightfully legislated for by Con
igropsionul enactment. I qnoto exten?
sively, far nothing I ooaid say could
impart either force to the argument or
olearucss to its conclusion. They eay:
"In regard to that amendmeut," [the
{fourteenth] "counsel for the plaintiff in
this court truly says that there are cer
tain privileges and immunities whioh
belong to a citizen of the United States
?a such; otherwise, it would be non?
sense for tho fourteenth amendment to
prohibit a State from abridging them,
and ho proceeds to argaethat admission
,to the bar of a State of a person who
iposscsses tho requisite, learning and
character is ono of those whioh a Stats
may not deny.
"In this latter proposition, we are
1 uot ablo to concur with counsel. Wo