The Columbian. (Bloomsburg, Pa.) 1866-1910, May 05, 1866, Image 1

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I 1
i Cnliimliln Count)', I'fi.
ti:umh. t
Two Mollaiilycar, In advance. II noj paid In
' ti Ivntico, Tnilollars nnd Fitly Cents,
Address alflcttcrs to
f 1 OKonon ir. Moonn,
T?.lll.. ll.n r.iMIUIt(M
lUloomsburi,,', Colitmblo County, l'it.
oul Is linked by slender chains
to tho lutn lngonf our yonrsl
In the lirlson of thy llfo
o nnitel In ii dream nppears,
Mils tlieo rlso mid homo return 1
onto to tlui far mid cloudless nicies,
icroHoirow droops tin sablo veil,
or cnptlvo Lovo In anguish dies.
iits wido-snrcad earth Is unto tlico
Jr ' . , ....... .
I IINIVIO Ull I I 111 II l U.ll Kl'llUU LUll ,
Yet In Its ilrenry siiaeos nro
Tho witters of llio inystlo well
Which eleitnso thu Raiments of thy soul,
Until In white-robed culm It stands,
Waiting until tho Iron Rates
Aro opened by thy I'atiikii'h hnltds.
11 Wk shall bo certainly very happy
gethcr," said Louise to Iter Aunt on
to evening before marriage, and lier
cck slowed with u deeper rod, and
" ir eyas shono with delight. When a
' ido says tee, it may be easily guessed
horn, of all persons in tho world, she
. -. .
"I uo not uotint it, near lionise," re
plied her Aunt; "see only that you
'illnue to bo happy together."
'J Oh, who crtn doubt that -wo shall
coitlnuo so 1 I Know myself. I havo
.fiujts, Indeed, hut niy lovo for him will
xvrect tlicm. And so long as we lovo
?. . t i i. ....t. ........ mm.
lit II UlllUi tt u IXIHIlut uu lllliuif, . yiw
jijs will never grow old." '
'jAlns 1" sighed her Aunt, " thou dost
'Cak lileo a nlaiden of nineteen, on the
lay before her marriage,- in the intoxi-
ition of wishes fulfilled, of fair hopes,
luil happy omens. Dear child, remein-
ar this even the heart in time grows
!iL Days will come when tho magic
tho scenes shall fade. And when
lis enchantment has fled, then it first
lu'nniiu nvlilnnf wliptliiT vn urn trill V
vlorthy of love. When custom has
t.atle familfitr tho ckarnis that arc most
. "tractive; when youthful freshness has
,cd away, and with tho brightness of
unestie llfo more and moro shadows
ivo mingled, then, Louiso, and not till
Ken, can tho wife say of tho husband,
lie is worthy of lovo;' 'then first the
Ibhniul say of his wife, 'Sho blooms
imporishablo beauty.' But truly; on
u day before marriage, such expros
jns sound laugliahlo to me."
" I understand you, dear Aunt. You
Id say that our mutual virtues alone
' in earlier years giyo us worth for
other. But is not ho to whom Iain
'ongforof myself I can boast noth
in hutTTuTljoStTuieiltions is ho not tho
noblest, worthiest of all tho young men
in tho city?' Blooms not in ills soul
evorv virtue that tends to mako life
happy V"
" My child," replied her Aunt, '
crant it. Virtues bloom in' thee as well
us in him ; I can say thus fo theo with
out llattcry. Cut, dear heart, they bloom
only, and arc not yet ripened 'neath the
sun's rays ami -the shower. Xo blos
soms deceive the expectations more than
these. Wo can never tell In what soil
thev havo taken root. Who knows tho
concealed depths of tho heart?"
" Ail. dear Aunt, you really frighten
"So much tho better, I.oui.-e. Such
fear Is right; such fear is as it should be
oulio evening before marriage. I love
tUw tenderly, and will therefore declare
at! my thoughts to thee on tills subject
lltlioi'.t disguise. I am not as yet an
fold aunt. At seven-and-twenty years
ono lcoks forward Into llfo with pleasure
tl'O world still presents a bright side
io I havo an excellent husband. J
tint happy. Therefore I havo the right
to speak thus to theo, to call thy atten
lion to a secret which perhaps thou dost
not yet know, ono which Is not often
spoken of toa young and pretty maiden,
one, Indeed, which does not greatly oc
cupy thu thoughts of a young man, and
still is of tho utmost importance in every
household ; a secret from which alone
springs lasting love and unalterable hap
IiOtilso seized tho hand of her Aunt In
loth of hers. "Dear Aunt! you know
believe you in everything. You mean
hat enduring happiness is not insured
o us by accidental tpia);, by lleetin
harms, but only by tllo.-o virtues of tho
itlnd which wo bring to each other.
1' uro tho best dowry which wo can
KHsess ; theso never become old."
" As it happens, Lionise. Tho virtues
o, llkotliQbeautios of tho body, can
'ow old, nnd become repulsivo and
teful with age."
" How, dearest Aunt ? whnt is it you
y ? Name mo a virtue which can he
me hateful with years."
" When they havo become to we no
ngor cull them virtues, as a beautiful
allien can no longer bo willed beautiful
hen timo lias changed her to an old
Ltl wrinkled woman."
" But, Auut, tho virtues uro nothing
rtiily." '
" Perhaps."
,'"IIow can gentleness and mildness
cyor become hateful ?"
" So toon as they degenerato Into in
sipid insolence and lUtlessiieas." .
"And manly courage?"
"Uecomes Imperious rudeness."
"And mode.4 dlllldenco?"
"Turns to fawning humility." '
"To vulgar haughtiness." .
L' Anil rnnilltnwa tn illlri,'?
" IloiNnes a habit of too ready friend
,hlpimdervillty." jcar Ait, you innko mo almost an
gryJ Wi' furo IiuMjuniUnm never de
n'Jrato thus.sflln litis ono vlrtuo which
li 1 . T-
V'i'j preserve lfn,ns ho Is forever. A-
suns.i', uu iuriruciioio iceung lor
VOL. 1.-2K). 1.
everything that Is great, and good, and
noble, dwells in mo also, 1 hope, as well
as in him. This is the innnto pledge
and security for our happlnets."
" JJut If it should grow old with you i
If It slioultl cliango to hateful excitabili
ty; and Oxvltabltlty Is tho worst enemy
of matrimony. You both possess ben-
Iblilty. That I do not deny; hut
bewaro lest this grace should degenerate
Into nil Irritable and quarrelsome mor
tal." " Ah, dearest, If I might never become
old I AVert thou always as fresh and
beautiful as to-day, still thy husband's
eyes would by custom of years become
Indlirerent to theso advantages. Cus
tom is tlte greatest enchantress in tho
world, and In tho house ono of tho
most benevolent fairies. Slio renders
that which is tho most beautiful, ns well
as tho ugliest, familiar. Tho wife Is
young and becomes old ; it is cuwtom
which hinders tho husband from per
ceiving tho change. On tho contrary,
did she remain young while he grew old
it might bring consequences, and render
tho man In years Jealous. It is better as
kind I'rovldcnco has ordered It. Imag
Ino'that thou liatlst grown to he an old
Woman and thy husband were t bloom
ing youth, how wouldst thou then feel V'
Louise rubbed her chin, and replied,
"I cannot.tell."
Her Aunt continued : " Hut I will call
thy attention to a secret, which "
1 lmt is it," interrupted Louise, hast
liy, " that is it which I long so much to
Iter Aunt paid: "Listen to me atten
tively. What 1 nowti'lltheel have prov
ed. It consists of two parts. The first
part, of tho means' to render a marriage
happy, of itself prevents every po.-sibill
ty of dissension, and would oven at last
make tho spider and tho lly'the best of
mends with each other. Thoseeond part
is the best ami tho surest method of pre
serving feminine attractions."
"Ah!" exclaimed Louise.
" Tiie former half means, then : In tho
first solitary hour after the ceremony,
take thy bridegroom and domand'fl sol
emu vow of him, and give him a vow in
return. Promise one another sacredly,
never, not even In Jest, to wrangle with
each other; never to bandy words, or
indulge in the least ill-humor. Xever!
iy ; never Wrangle in jest, and put
tingonanairof ill-huinorincrelytoteaM!,
becomes earnest by practice. Marie that !
Next, promise each other, sincerely and
soiemniy, never to have a secret from
each other, under whatever pretext, with
whatever exeu-e it may be. You must
continually, and every moment, see clear
into each otiier's bosom. Kven when
one of you have committed a fault, wait
not an instant, but confess it freely ; let
it cost tears, but confess it. And as you
keep nothing secret from each other, so
on the contrary, preserve the privacies
of yourhou'-e, marriage state, and heart
from father, mother, brother, sister,
aunt, and all the rest of tho world. You
two, with God's help, build your own
pilot world; every third or fourth one
you draw into it will form a party, and
stand between you two. That should
never be. Promise this to each other,
ltenew tho vow at each temptation. You
will find your own account in it. Your
souls will grow as it were together, and
willat last become as one. Ah! If many
a young pair had on their wedding day
known this secret,, how nialiy marria
ges were happier than, alas, they aro!"
Louiso kissed her Aunt's hand wltl
ardor, "lieei that it must uoso. When
tills confidence is absent, tho married.
even .after wedlock, aro t v 't.stmtugers
who do not know each ol ' t fhould
be so ; without this thfi
ness. And now, Ain.iyjhu hasr-prosorv
utive of female beauty?" .
Her Aunt .smiled, and said : " Wo mav
not conceal from ourselves that a hand
somu man pleases us a hundred times
moro than an ill-looking one, and tho
men are pleased witit us when wo aro
pretty. lint what wo call boautlful
what in the woman pleases tho man, is
nut skin and hair, tho shape and color.
as in a picture or statue; it is the char'
acter, it is tho soul that is within these
that enchants us by looks and words.
earnestness, anil Joy, and sorrow. The
men admiro us tho moro they suppose
those virtues of the mind to exist In us
which theoutslde promises; and we thinl
a malicious man disagreeable, however
graceful and handsome he may be. Let a
young maiden, then, preserve that purl
ly of soul, those sweet qualities of tho
mind, thoso virtues, in short, by which
sho llrst drew her lover to her feet. Ami
tho best preservation of virtue, to ren
der It unchanged and Keep it ever
young, Is religion that Inward union
with tho Deity and eternity and faith-
Is piety, that walketh with (Sod, so pure
so peaceful, so boncllceut with mortals.'
" See,dear heart," continued the Aunt
"thcro aro virtues which uriso out of
mere experience. Theso grow old with
time, and alter, because, by change of
circumstances tuid Inclinations, prudent'
alters her rules of action, and bei-au
her growth does not always keep pace
with that of our years and passions
Hut religious virtues can never cliango
theso remain eternally tho same, because
our God is always tho same, and that
eternity tho same wliicli wo and all who
lovo us aro hastening to enter. Pre
serve, then, a miiid Impartial anil pure
looking for everything from God ; thu
will tho beauty of soul remain for whlcl
tiie bridegroom to-day adores theo. I an
no bigot, no fanatic, I am thy Aunt of
sovon-nnd-twenty. I lovo all Innocent
and rational amusements. Hut for this
very reason I say to" theo bo a good
dear Christian, and thou wilt as mother,
es, as grandmother, bo still beautiful."
Louiso threw her arms about her neck
and wept in silence, and whlspcro1', " I
thank thee, Angel I"
'Jb the Senate qf the United States :
I nnonKTthat tho bill which has pass-
(I both Houses of Congress, entitled
An net to protect nil persons in tho
United States in their civil rights, and
furnish tho means of Vindication," con
tains provisions which I cannot approve
consistently with my sense of duty to
tho whole people, nnd my obligations to
tho Constitution of tho United States.
I am, therefore, constrained to return
It to tho Senate, tho House In which it
originated, with my objections to Its be
coming a law. By tho first section of
the bill all persons born In tho United
Stntes,and not subject to any foreign pow
er, excluding Indians not taxed, are de
clared to be citizens of tho United States.
Tills provision comprehends tho Chi
nese of the Pacific States, Indians subject
to taxation, tho people called Gipsies, as
well as tho entire race designated as
blacks, people of color, negroes, nudlat
toes, and persons of African blood. Kv
cry individual of theso races born In the
United Stntes is by tho bill made a citi
zen of tho United States. It does not
purpose to declare or confer any other
right of citizenship than " Federal citi
zenship." It does not purport to give
these classes of persons any status as citi
zens of States, except that which may
result from their status an citizens of the
United Stntes. The power to confer the
right of State citizenship is just as ex
clusively with the several States as the
power to confer tho right of Federal citi
zenship is with Congress. Tho right of
Federal citizenship thus to be conferred
on the several excepted races before men
tioned is now for the first time proposed
to be given by law. If, as is claimed by
many, all persons who aro native born
aro by virtue of tho Constitution citizens
of tho United States, tiio passage of tho
pending bill cannot be necessary to make
them such. If, on the other hand, such
porsonsare not citizens, as may be assum
ed from tho proposed legislation to make
them such, the grave question'presents
itself whether, when eleven of tho thir
ty-six States are unrepresented in Con
gress at tills time, it is sound policy to
make our entire colored populaton', and
all other excepted classes, citizens of'tlie
United States. Four millions of them
itivo just emerged from slavery into
freedom. Can it be reasonably supposed
that they possess tlte requisite qimliflca
tions. to entitle them to all the privileges
and immunities of citizens of the United
States? Have tho people of tho several
States expressed such a conviction? It
may also bo asked whether it is necessa
ry that they should bo declared citizens
in order that they may bo secured in
the enjoyment proposed to bo conferred
by tho bill ? Those rlglfts are by Federal
as well as State laws secured to all domi
ciled aliens and foreigners, even before
the completion of tho process of natural
ization; and it may safely be assumed
that the samo enactments are sufllciont
to give like protection and benefits to
thoso for whom this bill provides special
Besides, tho policy of tho Government,
from its origin to the present timo,seeim
to have been that persons M'ho aro stran
gers to and unfamiliar with ourinstitu
tions and our laws, should pass through
a certain probation, at the end of which,
beforo attaining tho coveted privilege,
they must give evidenco of their fitness
to receive and to excreta tho rights of
citizens, as contemplated by tho Const!
tion oCtlie United States.
The bill In effect proposes a discrimi
nation against largo numbers of intell!
gent, worthy, and patriotic foreigners,
and In favor of tho negro, to whom, after
long years of bondage, tho avenues to
freedom nnd Intelligence havo Just now
been suddenly opened. Ho must of ne
cessity, from his previous unfortunate
condition of servitude, he less informed
as to tho nature and character of our in
stitutions than ho who, coming from
abroad, to some extent, at least, fanil
llarized himself with tho principles of
a government to which ho voluntarily
entrusts life, liberty, and tho pursuit of
happiness. Yet It is now proposed, by
a single legislative enactment, to confer
tho rights of citizens upon all persons of
African descent born within the extend
ed limits of tho United States, wliiio poi
sons of foreign birth, who mako our land
their home, must undergo a probation
of llvo years, nml can only then become
citizens upon proof that they nro of good
moral character, attached to tho princi
ples of tho Constitution of tho United
States, and well disposed to the good or
der and happiness of tho same. Tho first
section of tho bill also contains uu enu
meration of tho rights to bo enjoyed by
theso classes m nindo citizens in every
State and Territory of tho United States.
Theso rights aro to mako and enforce
contracts, to sue, bo pnrtIus,,glvo ovl
deuce, to Inherit, purchase, lease, sell,
hold, and convey real anil personal pro
perty, and to have full and equal bene
fit of all laws nnd proceedings for tho so
curlty of person and property as Is now
enjoyed by whltocltizens. So, too, they
nro made subject to the samo punish
ment, pains, and penalties in common
wltli wlilto citizens, anil to lfono others,
Thus a perfect equality of the whito and
colored races is attempted to bo fixed by
Federal law In every Stato of tho Union
over tho vast field of State Jurisdiction
covered bv these enumerated riitlitf. I"
no ono of these can nny State ever exer
cise any power of discrimination be
tween tho different races. In tho exer
cise of Stato policy over matters exclu
sively directing tho people of eacli State,
It has frequently been thought expedient
to discriminate between the two races.
By tho statutes of some of tho States,
Northern as well as Southern, It Is enact
ed, for instance, that no whito person
shall Intermarry with a negro or niullat
to. Chancellor Kent says, speaking of
tho blacks, "that marriages between
them nnd tho whites nro forbidden In
somo of the States where slavery does
not exist, and they aro prohibited In nil
tho slavelioliliiig States; nnd when not
absolutely contrary to law, they nro re
volting, and regarded as an offence
against public decorum." I do not say
that this bill repeals State laws on tho
subject of marriage between tho two ra
ces; for as tho whites nro forbidden to in
termarry with the blacks, the blacks can
only make such contracts as the whites
themselves nro nllowed to make, and
therefore cniinot, under this bill, enter
into the marrlago contract with the
whites. 1 clto this discrimination, how
ever, as an instance of the Stato policy
as to discrimination, and to Inquire
whether, if Congress can abrogate all
State laws of discrimination between the
two races In the matter of real estate, of
suits, nnd of contracts generally, Con
gress may not also repeal the Stato laws
as to the contract of marriage between
tho two races. Hitherto every subject
embraced in the enumeration qf rights
contained in tills bill has been considered
as exclusively belonging to the States;
they all relate to the internal policy and
economy of tho respective States. They
aro matters which, in each State, concern
the domestic condition of its people, va
rying in each-according to its own pecu
liar circumstances and the safety and
weil-boing of its own citizens.
I do not mean to say that upon all
these subjects thcro nro not Federal re
straints. As, for instance, In the State
power of legislation over contracts there
is a Federal limitation that no State
shall pass a law. impairing tho obligtv
tions of contracts ; and as to crimes thai
no Stato shall pass an exjwst fuvto law ;
to money that no State shall make any
tiling but gold and silvern legal tender
But where can wo llnd a Federal prohi
hit ion against tho power of any Stato to
discriminate ns to most of them, between
aliens and citizens, bet ween artificial per
sons called corporations, and national
persons, in the right to hold real estate?
If it lie granted that Congress shall re
peal all Stato laws discriminating be
tween whites, nnd blacks in the subjects
covered by this bill, why, it may he tisl
oil, may not Congress repeal, in the
same way, all those laws discriminating
between the two races on the subject ol
suffrage and olllco? If Congress can de
dare by law who shall hold lands, who
shall testify, who shall have capacity to
make a contract inn State, then Congress
can by law aNo declare who, without
regard to race or color, shall have the
right to sit as a juror or as a judge, to
hold any olllco, and finally to vote, in
every Stato and Territory of tho United
States. As respects tho Territories, they
come within tho .power of Congress, for
as to them tho law-making power isthe
Federal power; but as to tho States, no
similar provision exists vesting in Con
gross the power to make rules and regit'
lations for them.
The object of the second section of tho
bill is to all'ord discriminative protectiou
to colored persons in tho full enjoyment
of all tiio rights secured to them. By the
preceding section It declares that "any
person who, under color of nny law, sta
tute, ordinance, regulation, or custom,
shall subject any inhabitant of any State
or Territory to tho deprivation of any
right secured or protected by this net, or
to different punishment, pains, or penal
ties, on account of such person having
at any time been held in a condition of
slavery or involuntary servitude, except
as a punishment for crimes whereof the
party shall havo been duly convicted, or
by reason of his color or race, than is
prescribed for tho punishment of white
persons, shall he deemed guilty of a mis
demeanor, and on conviction snail uo
punished by lino not exceeding one thou
sand dollars, or Imprisonment not ex
ceeding one year, or both, In the discre
tion of tho Court." Tills section seems
to bo designed to apply to somo existing
or futuro law of a Stato or Territory
which may conflict with tho provisions
of tho bill now under consideration. Ii
provides for counteracting such forbid
den legislation by imposing a fine anil
imprisonment upon tho legislators who
may pass such conflicting laws, or upoi
the'otllcors or agents who shall put or at
tomtit to put them Into execution. It
means an ofllc'.al offence, not n common
crime committed against law upon tin
persons or property of tho black race.
Such an act may deprive tho black man
of his property, but not of tho right to
hold property. It means a deprivatlor
of this right Itself, either by tho State
Judiciary or thu Stato Legislatures. II
Is, therefore, assumed that,under thlssec
tlon, member of State Legislatures win
should vote for laws conflicting with tin
provisions of this bill; that Judges of thr
Stato Courts who should render Judg
ments in antagonism with its terms ;
and that marshals and sheriffs win
should, ns ministerial ofllcors, executi
tho processes sanctioned by Stato law
and Issued by State judges In executioi
o' their Jutl,rmoits, could bo bnuht
before other tribunals, and there subject
ed to lino anil imprisonment for tho per
formanco of tho duties wuieh such Stati
laws might Impose. Tho legislation thu
proposed Invades tho Judicial power of
MAY 5, 1866,
tiie Stato. It says to every Stato court
or Judge, "If you decldo that tills act
Is unconstitutional ; If you refuse, un
der tho prohibition of n Stale law, to al
low a negro to testify ; If you hold that,
over such a subject matter, the Stato law
Is paramount, nnd under color of a
Stato law refuse tho exercise of tho right
to tho negro, your error of judgment
however conscientious, shall subject you
to fine nnd Imprisonment." 1 do not
apprehend that the conflicting legisla
tion which the bill seems to conteniplato
Is likely to occur as to render It necessa
ry nt thistlinotondoptaiiicasuroof such
doubtful constitutionality.
In tho next place this provision of the
lilll seems to bo unnecessary, as adequate
iidlcial remedies could bo adopted to
secure the desired end without involv
ing tho iiniuunitivo of Legislatures,
always Important to bo preserved In the
Interests of public liberty; without as
sailing tho Independcnco of tho Judicia
ry, always essential to tho preservation
of individual rights; and without Im
pairing tho efllciencyof ministerial otll-
ecrs, always necessary for the mainten
ance of public peace and order. The
remedy proposed by this section seems
to bo In this respect not only anomalous,
but uncon.stitutlonal,fortlio Constitution
guarantees nothing with certainty if it
does not ensure to the several States the
right of making and executing laws in
regard to all matters arising in their ju
risdiction, subject only to tho restriction
that in cases of conflict with the Consti
tution nnd constitutional laws of tho
United States, the latter should bo held
to he the supreme law of the land.
'I ho third section gives tho District
Courts of tho United States exclusive
"cognizance of all crimes and offenses
committed against the provisions of tills
act," and concurrent jurisdiction with
the Circuit Courts of tho United States
of all civil and criminal cases affecting
persons who are denied, or cannot en
force in the courts or judicial tribunals
of tho State or locality wherever they
may be, any of the rights secured to them
by tho first section ; and the construction
which 1 have given to tho second sec
tion is strengthened by this third see
tlon, for it makes clear what kind of do
nial or deprivation of the rights secured
by the first section was in contemplation
It is a denial or deprivation of such rights
"in tho courts or Judicial tribunals of
tho State." It stands, therefore, clear
of doubt that the offence and penalties
provided in the second section aro in
tended for the Stato judge, who, in the
clear exercise of his functions as a Judge,
not acting ministerially, but judicially,
shall decide c ''VitniH this Federal
In other words, when a StateJudge, act
ing upon a ;'"' .on involving n conflict
botweci 'i State law and a Federal law,
and bound, according to his own Judg
ment and responsibility, to give an im
partialdecision between the two,comes to
the conclusion that the State law Is valid
and the Federal law is invalid, he must
not follow the dictates of his own jud
ment, nt the peril of fine and imprison
ment. The legislative department of
tho Government of the United States
thus takes from the Judicial department
of the States tho sacred and exclusive
duty of judicial decision, and converts
tho State judge into a mere ministerial
officer, bound to decide according to the
will of Congress.
It is clear that in the States which de
ny to persons whoe rights aro secured
by the llrst section of tho bill any one
of these rights, all criminal and civil
cases affecting them will, by the provis
ion of the third section, come under the
exclusive cognizance of the Federal tri
bunals. It follows that if any Stato
which denies to a colored person any one
of all those rights, that person should
commit a crime against the laws of the
State, murder, ar.-on, rape, or any other
crime, ail protection or punishment
through all tho courts of the Stato are
taken away, and he can only bo tried
and punished In the Federal courts.
How is the criminal to be tried If tho
offense is provided for and punished by
I-'ederal law, that law and not the Stato
law Is to govern ?
It is only when the offence does not
happen to bo within tho purview of Fed
eral lawthat the Federal Courts are to try
and punish him. Under tho other law,
then, resort is to ho had to the common
law as modified and changed by State
legislation, so far us tho same Is not in
"onslstontwilh thoConstitution and laws
,)f tho United States. So that over this
vast domain of criminal jurisprudence
provided by each Stato for tho protection
f Its citizens, and for the p'liilshnicnt of
ill persons who violate Its criminal laws,
Federal law, wherever It can bemade to
ipply, displaces Stato law. The ques
tion hero naturally arises, from what
source Congress derives tho power to
;rausfer the power to tho Federal tri
bunals certain classes of cases embrac
d In this section? Tlte Constitution ex
pressly declares that the Judicial power
if tho United States shall extend t" all
cases In law and equity arising under
:hls Constitution, and laws of the United
States, and treaties made or which shall
bo niado under' their authority ; to all
eases affecting embassadors, other pub
lic ministers, and consuls; to all cases
'if admiralty and niarltlinojiirlsdlctlon;
to controversies to which tho United
States shall bo a party ; to controver
sies between two or moro States ; be
tween a Stato and citizens of another
Stato; between citlzensofthosanioState
claiming land under grants of different
Slates ; and between a Stato or the citi
zens thpreof, and foreign States or sub
Hero tho Judicial power of tho United
States Is expressly set forth and defined,
and the act of September -1, 1789, es
tablishing tho Judicial courts of tho Uni
ted States, in conferring upon tho Fed-
iral Courts Jurisdiction over cases origi
nating In State tribunals, Is careful to
confine them to the clases enumerated
In tho above recited clause of tho Con
stitution. This section of tho bill un
doubtedly comprehends cases and au
thorizes tho oxercUe of power that are
not, by tho Constitution, within tho Ju
risdiction of tho Courts of the United
Stntes. To transfer them to the Courts
of tho United States would be an exer
cise of authority well calculated to ex
cite distrust and alarm on the part of nil
tho States, for tho bill applies nllko to
all of them as well to thoso that have
as to thoso that have not been engaged
in rebellion. It may bo assumed that
this authority Is Incident to tho power
granted to Congress by the Constitution,
as recently anieniled, to enforce by ap
propriate legislation tho article declar
ing that neither slavery nor involunta
ry servitude, except ns a punishment
for crime, whereof the party shall have
been duly convicted, shall exist within
the United States, or any place subject,
to their Jurisdiction.
It cannot, however, be justly claimed
that with a view to the enforcement of
tills article of tho Constitution there is
at present any necessity for tho exercise
of all the powers which tills bill confers.
Slavery lias been abolished, and at pre
sent nowhere exists within tho jurisdic
tion of tho United States, nor has there
been, nor is it likely there will be, any
Attempt to renew it by the people of the
States. If, however, any such attempt
shall bo made, it will become tho duty
of the General Government to exercise
any nnd all incidental powers necessary
and proper to maintain inviolate the
great law of freedom.
Tho fourth section of the bill provides
that officers and agents of the Freed
men's Bureau shall bo empowered to
make arrests, and also that other officers
may be specially commissioned for that
purpose by tho President of tho United
States, it also authorizes Circuit Courts
of tlte United States, and the Supreme
Courts of tho Territories, to appoint,
without limitation, commissioners, who
are to bo charged with tho performance
of quasi-judicial duties.
The tilth section empowers the com
missioners, so to bo selected by the
Courts, to appoint in writing under their
hands ono or more suitable persons
from time to time; to execute warrants
and other prosecution-, desired by the
bill. These numerous olllcial agents are
niado to constitute a sort of police in ad
dition to the military, and areauthoriz.
ed to summon a poxxe coniitutii, and
even to call to their aid such portions ol
the land and naval forces of the United
States, or of the militia, as may be
necessary to tiio performance of tho duty
with which they aro charged. This ex
traordinary power is to lie conferred up
on agents irresponsible to the Govern
ment and to the people, to whose num
ber tho discretion of tho commissioners
is tho only limit, and in wlioso hands
such authority might be made a terrible
engine of wrong, oppression, and fraud.
Tho general statutes regulating the
land and naval forces of the United
States, the militia, and the execution of
the laws, nro believed to be adequate lor
every emergency winch can occur m nine
of peace. If it should prove otherwise
Congress can at any time amend those
laws in such a manner as, while subserv
ing the public welfare, not to jeopardize
the rights, interests, and liberties of tho
Tho seventh section provides that a
fee of ten dollars shall bo paid to each
commissioner in every case brought be
fore him, and a fee of five dollars to his
deputy or deputies for each person ho or
thev mav arrest and take oeioroany sucn
'ommissinner, with such other fees as
may bo deemed reasonable by such com
missioner in general for perforniingsuch
other duties as may be required in the
nremi-c. All these fees are to be paid
out of the Treasury of the United States,
whether there is a conviction or not ;
but in case of conviction they aro to be
recoverable from thedefondnnt. ltseems
to mo that under the influence of such
temptation bad men might convert any
law, however beneficent, Into an instru
ment of prosecution and fraud.
Bv tho eighth section of tho bill the
United States Courts, which sit only in
ono plnco for whito citizens, must mi
grate, the marshal and district-attorney,
and nece-sarlly tho clerk, although he
is not mentioned, to any part of tho dis
trict, upon tho order of tho President,
and there hold a court, for tho purpose
of tho mom speedy arrest and trial of
persons charged with a violation of this
act t and thorn the juito) anil tneoiticcrs
of tho court must remain, on the order
oflhoPresldent, for tho time designated.
The ninth section authorizes tho Presi
dent, or such person as ho may empow
er for that purpose, to employ such part
of tho laud or naval forco of tho United
States, or of tho militia, as shall bo ne
cessary to prevent tho violation and en
force tho tine execution ofthlsact. This
language seems to Imply an important
military force, that Is to bo always at
hand, and whoso only business Is to be
tho enforcement of this ineasuro over
tho vast 'region where it is iutendyd to
operate, '
I do not proppso to consider tho poli
cy of this blll. To mo tho details of the
bill aro fraught with ovll. Tho whito
race and tho black raco of tho South
havo hitherto lived together under the
relallou Qf mattei1 uud slave capital
lennii of (Iufi'ii.'iiii0. (
Ono Ro,nnre, ono or three Inactions iff, 1 50
Kneh lntrtion Ies tlmn thlrtren, m
Olio Hqtinro one indtilli,,,,, , 2 (fl
Two " (' j 00
Threo " " s oo
Tour " " m ,..., e 00
Hnlf column " ..... 10 00
Ono column " 15 00
Kxccutor's ond Administrator' Notice ft., 3 09
Auditor' Notice 2 to
IMltorlal Notices twenty cents per lino. '
Other advert Isenielits liifcrteil nccoidlng to spo-claleontiact.
owning labor. Now suddenly that re
lation Is changed ; nnd as to ownership,
capital and labor aro divorced. They
stand now each master of itself in tills
relation ono bclngneccssnry to tho other.
There will bo anew adjustment, which
both nro deeply Interested in making
harmonious. F.aeh has equal power In
settling tho forms, and If left to tho laws
that regulate capital and labor, it is con
fidently believed that they will satisfac
torily work out tho problem. Capital,
it Is true, has moro intelligence; but
labor Is never so Ignorant as not to un
derstand Its own interests, not to know
Its own value", and not to see thnt capi
tal must pay that value. This bill frus
trates this adjustment, it Intervenes be
tween capital and Inbor, and attempts
to settle questions of political economy
through thongency of numerous officials,
whoso interest it will bo to ferment dis
cord between tho two races. So far as
the breach widens, their employment
will continue; and when It Is closed,
their occupation will terminate. In all
our history, in all our experience as a
people living under Federal and Stato
law, no such system has ever before been
proposed or adopted to establish for tho
security of tho colored raco safeguards
which go infinitely beyond nny that tho
General Government hns ever provided
for the whito race. In fact, tho distinc
tion of raco and color is by tho bill mado
to operate in favor of the colored and
ugainst tho whito raco.
They interfere with thomuniclpal leg
islation of tho States, with tho relations
existing exclusively between a Stato and
its citizens, or between inhabitants of tho
sameState anabsorption,anassuniption
of power by tho General Government
which, if acquiesced in, must sap or de
stroy our fedcrativo system of limited
powers, nnd break down tho barriers
which preserve tho rights of tho States.
It is another step or rather strido toward
centralization, and tho concentration of
all legislative powers in the National
Government. Tho tendency of tho bill
must be to resuscitate tho spirit of rebel
lion, and to arrest the progressof thosoin-
fluences which are more closely drawing
arouudtho States tho bonds of Union and
"My lamented predecessor, in his proc
lamation of tho 1st of January, IS03, or
dered and declared that all persons held
as slaves within certain States, and parts
of States therein designated, were and
thenceforward should bo free; and fur
ther, that tiio Executive Government of
the United States, including tho milita
ry nnd naval authorities thereof, would
recognize nnd maintain tho freedom of
such pcr-ons. This guarantee lias been
rendered especially obligatory and sa
cred by the amendment of thoConstitu
tion abolishing slavery throughout tho
United States. I therefore fully recog
nize the obligation to protect nnd defend
that class of our people whenever and
wherever it shall become necessary, and
to the full extent compatible with tho
Constitution of tho United States.
Entertaining these sentiments, It only
remains for me to say that I will cheer
fully co-operate with Congress in any
measure that may bo necessary for tho
promotion of tho civil rights of the freed
inen, as well as those of all other classes
of persons throughout the United State-",
by judicial process, under equal and Im
partial laws, in conformity with the pro
visions of the Federal Constitution. I
now return the bill to tho Senate, and
regret that in considering tho bills nnd
joint resolutions, forty-two in number,
which have been thus far submitted for
my approval, I am compelled to with
hold my assent from a second ineasuro
that has received the sanction of .both
Houses of Congress.
Axj)in:w JoiiKSi
Washington, D. C, March ".7, 180.
Tin: "first gentleman in Europe,"
George IV. of England,' while Begont,
on ouo of his llarouu Al Basehcd excur
1 excur
t eccur
sljop," o mem-
sions, or, in other words, on an
sion when he could "sink tho
happened to bo in u company tho i
hers of which were not at all an fait to
tho latest canons in polite intercourse.
One or two of tho ladies actually drank
tea out of their saucers ! Somo of tho
small souls present were inclined to tit
ter, whereupon George, tho gentleman,
instantly supported tho ladies offending
by drinking tlte royal tea In tho samo
manner and mode. Tins was " thos'tainp
of fate, tiio sanction of a" Begent, and
tho tlttcrers were put in a shame-faced
minority. We don't vouch forthiyjtory
or remember where wo read It. ' Per
haps it is in that book of solemn non
sense, " Cwly's Llfo of George," a3
Impudent a specimen of flattery to n
royal sinner as over a courtly preacher
was guilty of. This, by the way. Tho
story Is a good one, como from where it
may, and very much to George's credit.
True politeness, as wo understand it,
consists in putting other peoplo nt their
ease, and making them eomforfnble.
How llttlo this Is taught in tho so-called
codes of etiquette everybody knows,
and how llttlo it is practised by somo of
thoso wlio think themselves ' tho fash
Ion," many of us have painfully realized.
At a dinner table, among
number of guests, Charles La-Tecta,
cravat caused a mistake to boil Arch street,
takonf ira clergyman, and he wa.
on to "say grace." Looking ui.
down tho table, hoasked, In hlslnlmlta'
bio lisping manner: "is there no cl-cl
clergymnn present?" "No,Blr,""niswer
ed aguost. "Th-thon," said LainbTboW'
ing ids head, "let us thank GoiU"