o o
--
OIIEGOX CITY, OBEGOIV, FRIDAY, JUNE 2, 1871
NO. 30
TOL. 5.
o
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hEIjc lUcckhj 03ntcrpviGcv
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BOOK A.XD JOB PJilXTIXG.
gg- l" he Enterprise i!lic-e is supplied with
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'ern M VCilfN'H I'll KSSlC'S, which will enabie
he Proprietor to do .1 'b 1'iintiiig at all tunes
Xeuf, Quick and Cheap .'
tfff" Work solicited.
AH li-ninet trunswtions upon a Sprcie butt.
B US IX ESS OA IUJ S
Attorney at Law,
Oregon City, Oregon.
Kent.lr'My.
Know ye the land where the Radical Vul
ture Is i be emblem of Satraps wbo rule its
fair soil ?
Where nil is protected except agriculture.
And Labor is free to pay taxes and
toil ;
Where the farmer is robbed when be sells
bis productions,
And robbed once again when he buys
what he needs :
Where the over-gorped Vulture croaks
' mare ' lor Protection,
While the bard-working yoemau at
v everv pore bleeds ;
Where the Bondholder sits on bis throne
like a vampire
And cats off bis coupons untaxed at bit
ease.
While the Soldier who fought thro' flood,
field and fire
Is raxed lor the steel-bands screwed on
at tiis knees ;
Shall the word Suporsede the Law ?
From the Chicago Tribune, (Republican.)
Popular government cannot be
maintained "by the sword. Insur
rections, rebellions, disorders, and
personal violations of law may be
suppressed by the vigorous appli
cation of military force, but the
real strength and" defence of popu
lar government is the law which is
enforced by popular sentiment.
The very theory upon which free
government rests is, that they ex
ist by the consent of the governed.
The American people, in form
ing their goverment, substituted
popular representation and the
right, under certain restrictions, to
change the constitution at their
More Radical Rascality.
THE MODUS orEBAXDI BY WHICH
THE BLACK-AND-TAN- PARTY CAR
RIED THE ELECTION IX THE DIS
TRICT OF COLUMBIA.
, JOIIX M. 15ACOX,
Importer and Dealer in
STATlONKitV, rEUFUMEUY. ic,
Orrgon 'CHy, Oregon.
-it rh,tr,n,t.&- fV.rrri.r- old stand Jn't-hj OC-
S. Ackcruian, Main sucei..
10 tf
cu pi'
d by
JOHN FLEMING,
DEALER IN
iBODKS AHD SIATIOHE
riUE-PROOF BHICK,
IN MYERS'
M VIS STItKKT. OEKfiOX IT JL
r3ACK & WELCH,
'OFFICK In Odd Feli.-.w' Ten.le, corner
Of First rial AKii r Streets, Portland.
The ratif.ii:iL'" of tbo-o desiring sup.-ripr
op.-r.itu.Msis in special re,ne,t. Nitiousox-'d.-
! the : ai til ess extraction .f teeth.
l-Z-;' Ai tiiicial teetli "better than the best.
n. wi rhi',1 i a. the chc ipe-st.
Doc. -J tr
io his bell v
And the Shoddies proclaim, " the mille
nitim h' come I"
Where (J rant spreads bis Peace o'er the
dosohtte valley
Where Negroes make laws and Blind
Justice is dumb ;
Where a!! things are changed and new
ino'tHenclRture
Is given to all thiags bo'.h sides of the
grave ;
Wheie the Gospel is preached to suit
sordid nature.
Ai d licit is abolished to suit every
knave;
Where success" is the standard of right
that such follow
Win re to sieal half a million is glorious
a nd bold ;
Where the truth is eclipsed by the "Al
mighty dollar.'7
And ihe'Devil'js -worshiped is 'purple
and irohl
Wheie rhe Eagle is down and E Pltiribtts
L'nu:u''
Is sc-onied, igntjted and traileS in the
dust ;
Where the -many are ruled by the few
greedy new men
Who have stamped on a nickel, in God
how i hey trust !
Twtis the home of the brave,? tvvas the
Land of the tree,
Where our sires nursed with blood fair
Libert v"s tree.
Must we now all slaves in the South, in
the West ?
Is there, then, no refuge for the millions
oppressed ?
Shall thieves hold us down and rob us
and keep us all ?
Oh '.what is the remedy for the good
...;;.... I . 9
We want no new party with ideas eratic ;
N. nick to the platform, ihe Old Demo
cratic !
Up wi.h the Eagle, and down with the
Vuli ure
Make i luve your vows and each day re
new i hem
PtT Free Trade, Equal Taxes, and Free
Agriculture.
For God's blessing on them and E Plu
ribus Unnm !
fFrbm the . F. Examiner.
A gentleman in this city has re
cently received a letter from an
exceedingly intelligent lady cor
respondent at the national Capital,
from which we are permitted to
extract the following. The letter
is dated Washington, April 21st,
and says :
Enforcement of 14th Amendment-
SPEECH OF
HON. J.'H. SLATEE,
OF" OUEGO.V,
Delivered in the House of Keprtsen
lulivi, April 4, ls71,
On the bili to enforce the provisions of
the Fourteenth Amendment to the Con
stitution of the United States, and for
ether purposes.
Where the Lion lies down with the Lamb , pleasure, in the -place of forcible
I revolution ; but nowhere have they
ever abandoned the principle that
the government is one of law, and
that force was only to be used in
aid of law, to execute it, not to
destroy it. When the time Khali
come that a government shall be
done away with; when a lriga
dire General shall be installed as
the maker of law, ami his Quarter
master, Paymaster, Commissary
shall become li.e supreme judiciary
of each tate; -ami Colonels,
Majors, and Captains shall exercise
the functions of civil officers, anil
sergeants arul corporals shall be the
sheriffs and police; when the writ
of habeas corpus shall be prohib
ited, the trial by .jury abolished;
wli-Mi thn laws shall be found in
"general orders" instead of the
statute book, and the only form of
justice shall be the proceedings of
courts-martial then popular gov
ernment may be said to have
ceased, and the despotism of the
bayonet erected in its place.
ilave the American people so
retrograded in intelligence, and re
spect for the law, that it is neces
sary to set aside the constitution
and the statute book, the executive,
judicial, and municipal officers of
the people, and to provide that the
President, at any moment, upon
his own motion, and at his own
discretion, may enter any State,
declare martial law, suspend civil
authority, and make a military
commander sole arbiter in all mat
tets of life, property, and liberty?
lias popular government so far
proved a failure that, in the most
profound peace, when there is not
in all the broad land an organized
Mr. Plater. Mr. Speaker, I approach
the discussion of the subject now under
consideration, and which is presented in
! the proposed legislation. With -tell sens
It is quit.,.. nrp,e,os oca,on .Ty j.- W
and I think I better cclubiatc it by tIo!1 ll;ls 5een proposed Mnce rhe esab-
sending VOU the joyful tidings of lishtnent .of our Government so dangerous
the suc'CsS of the Uepublican can- to the permanency of our institutions, so
in,'.. ,. r'mnrvess As fir nsi complete! v and thoroughly subversive t!
dldate tot Congles. AS tai as i 1 0f the Sia.es and the
am concerned politics nave little or j,.. vi- tt)e citizen, as that -nor invited,
no attraction for me, and it is only I i ,s admitted by ihe stover of the bdt
for the o-ood of public education 1 that it . enu-rs upon a new domini, n , ot cm-
t-t I iVd any co.U, at t.,,
cess of the black man s candidate. : mosl ,ul,v concur. n is a new dominion
Thr. fw.vei'iim-. m know. I lre- : iri.,.voUHred bv anv of the ihustrious
ume is for mixed schools, and cf statesman who have hitherto
' i. .i v r legislation of our country
course ail tt.e otneis or i ;c sum, 7on wllurie tI.t.ac!lerous sands no one has
stripe advocate the establishment , eNtM. (J (vd to vt.,lUm. ihe future of his
of such a law ; but the KepuWican ! country ; a domain inviting and luring to
Pf-perv, tnitil the last moment denied ; the atnbifons, but upon whose opposite
j,.pt t." 'uk t boundary is centralization, empire, despot-
it, when Chipman, then candidate, u- wuj u be Uir Ihe cilitM1
Asserted the night betore the elec- (,e gui'es. and the Union if that domain
tioil that it waVthe platform Upon ; shall remain unexplored ior generations
which he stood. Hut 1 presume it yet to come
would have made no difference, as ;
molded the
; domain
Put That EascalOut.
Dr. J5 K. HATCH,
DENTIST, WX)
The patronage of tUose ?esirir.g tirst Class
'Vn-'r it'ionx, is respectfully solicited.
. , L .-...,.., in rill i':K('S !-
n.lUMat,i 'i'" ... 7 ,y
X. 1J. St-tn'i (xj-lf adiiinnsieieu ioi
J'iniless Kxtraction of Teeth.
Oauck-I.i Wei-ant's new Wdn.pr. et
idc ot First street, t-etweeu Alder and iior
Vison streets, l'urtland, Ore-ou.
"Live and Let Live.
11 ELDS & STKICKLEK,
DEALERS IX
PROVISIONS, GROCERIES,
COUNTIIY rilODUCE, ic,
CtlOlCI- WINKS and LKror.s.
-J?Tt the old t.md of Wortman & Fields
tO.tfiron Cit. , Orejn.
Q
W II. V ATKINS, M. D ,
SURG EOS. Portland, Orko n.
OFFICE -Odd Fellows' Temple, corner
J'irstand lder streets UeBidence corner ot
-Ma in and Seventh streets. .
W. F. HIGHFIELD,
Established since lS49,attlie old stand,
Mun Strett, Oregon. City, Oregon.
rt i - . 1 T ...
n ssorttnent or aienes.
olrv, and S.th Thomas' weight
Clocks, all of which are warranted
i a j renresented.
lleoaifinurs iione on moui uv,
tn.l thankful for pasttavcrs.
While the congregation were
collected at -hurch on a certain
oecasion, an old dark, hard-featured
l.-i.i.-in.l-liniio individual. was
wending his way np the aisle, and
took his seat, near the pulpit. The
officiating clergyman was one of
that class who" detected "written
sermons, and as for prayer, lie
thought it ought to be the natu
ral out-pourings of the heart.
After sinking was conclud-ed they
were as usual called to prayer.
The genions we have introduced
did not kneel but leaned devotion
ally upon his pew. The minister
beiran bv saving :
'l Father of all, in every age, by
saint and savage adored"
" Pope T' said a low Tj'ht clear
voice near old hard-features.
The minister after casting an in
dignant look in the direction of
the voice, continued :
" Whose throne sittetli 0:1 ada
mantine hills of paradise "
" 3Iilton V again interrupted the
voice.
The ministers lips quivered for
a moment, but recovering himself
he beaan :
" We thank Thee our most gra
cious Father that we are permitted
rissemble in Thv name, while
force opposing the Federal laws,
or questioning Federal authority,
the Congress oi the LniteU Mates
should provide for a military des-
potism to taK-e tue juace 01 me
government chosen by the popu
lar will and existing by the popular
consent? What is there in the
condition of the State of Illinois
which justifies the supieion of such
intolerable anarchy, and warrants
the substitution. -of armed force for
tt-ie civil law ? Yet both houses of
Congress have passed just such a
bill, and are only divide! as to
some of its details. Both houses
have agreed to place in the hands
! of the President this unexampled
power, wholly unwarranted by the
constitution, "and only, defensible
upon the plea that free govern
ment is a failure, that popular in
telligence has been perverted, and
that to the army is to be com
mitted the task of averting gen
eral anarchy. Against this grave
assumption we protest; and we
trust that upon the reassembling
of Congress in December, this law,
so sweeping in its assumptions, and
so dangerous as a prtcedent, may
be repealed by an unanimous vote,
ami that meanwhile the dangerom
powers it seeks to confer may not
be exercised.
yon know nine-tenths of the voters
cf the District arc in Government
employ and were obliged to vole
the Chipman ticket or else lose
their only means of gaining a live
lihood. Every man in the De
partments was obliged to register,
whether fresh from other elections
or not, and of course had to vote.
This I know from those who were
so compelled. Committees were
constantlv going through the De
partments and the heads 01
Pureaus issued circulars to each
employee asking where he last ex
ercised the right of suffrage, and
where he claimed citizenship?
which, of course, was- understood
fV every one, and men who have
never voted here, and men who
voted at ihe New Hampshire and
Connecticut elections recently, reg
istered and voted for the dominant
party. Negroes were brought in
droves from neighboring counties
of Maryland ;uid Virginia to reg
ister and vote.
One of the Judges told me, this
morning, that five negroes at once
came to the window of the polling
1 ...1.. 1,,, - 1.-, 1 i
plate Hlieie III. wan iim .i-ivlu
Padical Judge to give them an
order to the Pailruad Committee
to get money to go back to Palti
moVe where they lived, which he
lid. And no doubt the same
dory can be told by all the other
Judges.
Of course, this will be heraled
forth to the country as a great
Republican victory, but I assure
you that never to mv knowledge
was so much coercion usea to elect;
t . - i : 1
any one. 11 is my cauuiu opinion
that if it had been left to the citi
zens, who are the legal voters,
Chipman (the Padical candidate
for delegate to Congress) would
have stood no chance.
I tremble for the school ques
tion; for now it is certain that the
negroes will be admitted, and then
tumbles down the structure upon
which is built the liberty of the
country.
The legislation proposed is but the fin
ishing lunch to that which has. Step rjy
step, for die past jc years, like mil posis,
marked the insidious eentralizatiuu of
power. At last. sir. ihe .nation has been
b-ought luce to face with t he great danger
l tie lathers sought with such earnest sol tc
itnde to itvo'd and guard against in the
very frame work ol the Contituiion itself.
Necessity, the enemy ot const'tiutious and
the plea of tyrantshas been successfully
invoked at each step in the drama, and
now in t tie last act it is again appealeu to
in order to silence opposition and quiet
misgivings.
Sir. if there is one feature of our in
stitutions as traced in our past history, in
whichever depar tment yor may prnsectUe
the search. i.ore prominent rbau another,
it. is that ot 'selt'-governineut ; and ol tais
noht. rV.e American, trotn the earliest
colonial period to the present time, has
been exireyiely jealous. Eyperienee has
tatnnt rn me paM uisiuij v
tha.r" whenever this right has been invaded
,r sut verted anarchy and despoiifcin has
followed. Not an instance in the long list
whieh have nreceded us can
be painted to. ii) ancient ot modern times
.... . vM,-n t, i'r!M inle. And it vas
an TA-i piiD -
..;..i.. nt twvt i.'iii f -oi-
an invasion 01 un m;,ui
others, equally meritorious but less
' -a 1
favored have been carried beyond
that bourne from whence no trav
eller returns "
Shakespcar-!" again inter-
, i 1 :
rupieu Liie Mm-,. h-Miised a reduction of 185.00') tons
That was too much. " rut tnat . , ' .
rascal out." shouted the minister
Worse tiiax Wak. No doubt
the civil war greatly reducec
American shinninir. That was :
natural consequence. 1 he lvepub-
lican apers say that tli-e Alabama
GLAUS GUEENHAH,
v City Drayman,
v-r)uIO OEEGOXCITT.
. ,1 .... 1 v,. c.vr thf .teliverv of merchan-
,,.k..,-e and freight ot whatever 1e
rt ,1P. nf ti,p ,-itv. ftiilbeexe-
catet promptly and with care.
t; Original !" ejaculated the voice
. 1 1 T 4 I - . x
in tne same cairn, out ciear pro
voking manner.
1ST
JEW YORK HOTEL,
nnatfehp fiafthaup.'i
it r,nt Street, oppositethe Mail -steam
ship landing, Tortland. Oreion.
H. K0THF03, J. J. WILKENS,
PROPRIETORS.
WpaV 4l',-'
" with Lodging. . .
Dav
Board per
6 t
1 00
The last Ku Klux ourage occur
red at Goldsboro, N. C. The citi
zens heard an explosion and went
to a neighbor's house and found a
wench in the last stages of being
frightened to deatlu They s?ui-
posed the Ku-Kluxhad been there,
ami wtiue a portion 01 -tne crown
Parted to hud the perpetrators of
the outrage, others rushed to the
telegraph otlice to send the news
to the Northern papers. Jbut the
old lady got better, and said she
used a bottle tor a candlestick, and
ti, bottle had uower m it. which
a year, oiuce tne ciose 01 uic wui
the depredations of the tariff have
been 500,000 tons 01 shipping per
annum at an annual loss of $12,-
500,000. Trul v, savs an exchange.
the lorrill tariff might justly be
tyled the Congressional Alabama,
Make the Best. Girls always
love those boys best who are the
kindest, best natured, most consul
i - iM-." in ii ai i- 1 it
erate ana maiiowe m nn-n
havior: and who are not coarse,
. ...... i .
nrofane, and loatensii in inen tatK.
The bovs who are oy t-n.i -r-v...-.
1 " 1- 1 tlw tnntt mi Up
or piavmatecs iutxi ."v....,
the best men.
A Standing Wagek. Two
Indies of Mob e have a ntanainr
wager, based upon the claims ot
She Had Him there. The New
Orleans Picayune is responsible
for the following :
It is not always the practice of
pretty ladies to wear veils. Not
even coqnetery will dispense with
the pleasure of showing a lovely
countenance, and the most modest
and retiring beauty likes to be ad
mired for the reg.ulaiity of her
features.
These reflections passed rapidly
through the mind of a well known
magistrate riding up town recently.
Pyliis side sat a lady who, by -a
single glimpse of her countenance,
he imagined that he knew. At
last he ventured the remark that
the day was pleasant.
os, murrnered the female.
'Why do vou wear a veil ?' in
quired the dispenser of justice,
'Pest I attract attention.'
'It is the province of gentlemen
to admire,' replied the'gallant man
of law.
'Not when they are married.'
'Put I am not,'
'Indeed j'
'Oh, no ; I'm a bachelor!'
The lady quietly removed the
veil, disclosing to the astonished
magistrate the face of his mother
in law. He had business elsewhere
suddenly.
ernnient by the mother country that im
pelled the Colonies in J.77H to sever their
relations with Great Britain ; and in set
ting forth their grievances anii tin cause
impelling to a seperation attempts upon
these rights b the Uritish Parliament are
i,wa lii-omment. Thev declare:
' - lie has dissolved representative houses
,w. ...,'lv for opposing, writ) maniy
hta inmsions on the fiiihis of the
til 111 l V J "
ii,." ...-is kent amontx us in limes of
ne.ee si and it if at uiies. without the con
sent of otir Letrislat v re.
lie has combined, with othevs, to sub
ieet us to a iurisdiciion foreign to our con
.r, .j.v.l mvieknowledired by our
MMU11UL1. .iv. v.---- '
1 . .,;;rv hij neiit. ;o their acts ot
iuvv.-v , m m' - -
pretended legislation.
-For ab.dishing the free system of
English laws in a neighboring province,
"Stublishing therein an arbitrary govern
ment, and enlarging its boundaries, so as
to render it at once an example and tit
instrument for introducing the same ab
solute rule in these Colonies.
Tor taking away our charters, abolish
in pur most valuable laws, altering lun
damentally the powers of our govern
ments. . , ,
For suspending our own begislatutes,
and declaring themselves invested wrth
power to legislate lor us m all cases what-
fcFoiMhi3 right of self-government they
paid the price of a seven years' war.
rivin" freely ot their siidsiuhu-
fives and blood upon the many batne
tields tf the ltevolutton. to secure to them
selves and their posterity this priceless
lwiita.-e. In the formation ot ihe present
Constitution they strove to intrench it
behind barriers and resuicnons so as to
render it impossible of attack r.un the
...1 ,n.i s;o eaiitious were
Ihe States, that, notwithstanding
1 upon the inener.u
ment to the Constitution, it effectually and
completely displaces the Constitution it
self, violating the very, principles upon
which it res s for its security and perpetu
ity. Invoked in the interests of the peo
ple, it strikes down every right valued by
freemen. It imperils trial by jury ; ren
ders the people in their persons, houses,
papers, and effects liable to unreasonable
search and seizure ; subjects them to ar
rest, without warrant or cause, either act
ual or pretended ; to harrassing suits and
vexatious prosecutions in distant courts
and foreign jurisdie ions ; ereates a lens:
list of new crimes hitherto unknown to
our laws ; makes the commission of trivial
offenses felonies, lor which cruel and un
usual punishments are to be inflicted, and
authorizes the intervention of ihe Army
and Navv in the domestic affairs cf ihe
States, without the consent cf their Legis-
itures. or Executives when the Legisla
ture cannot be convened. For sueh acts
and crimes as these George ill was de
clared by the thirteen coieuies unlit to be
tb-e ruler of a free people.
The legislation proposed in this Dill is
predicated upon the following ass tmed
prepositions :
Fust, that the fourteenth amendment
empowers Congress to define and punish
all offenses against person and property
committed witliii the several States.
Si-ci-ind. That under die fourteenth
amendment the Federal Government m ly
at will use the Army and Navy to vnppress
domestic, violence within the States with
out, the consent of their Legislatures, or
their Executives when Hie Legislature
eonno' be c"Tened.
1 am aware, sir, that the honorab'e gen
tleman fro ir. Ohio (Mr. Sltellob ti ger) does
no: admit in his argument that the provi
sions ol ihi bill reach 10 the full extent ot
tli.- orooosiiion first named. 1 am aware.
also, that the crimes of mayhem, robbery,
assault and baiiery. perjury, subornation
cf perjury, ciinnna- obMrucuoti oi legal
process, or resistance ot ouicers in
charjre of official duty, arson, and larceny.
are not. as suen. made punish ble by the
second section of this bill, vhich reads as
follows :
Skc. 2 That if tft o or more persons
shall, within rhe limits of any Sta'e. band.
conVpire, id-eou!!jine together to do any
act in violation of the rights, privileges.
or immunities ot any peison. to which he
is entitled under the Constuuuon and laws
of the United States, which. coiRtnit ed
within a place under the sole and excln-
- ... .1... T-..J....I IC.
sive iijrlsCiCiHHi oi nil.- iiii.v-v.i ui"
would, under dny law ot the United states
then in force, constitute the crime ol eiirVr
njnrder. manslaughter, may hem. robbery,
assault and ba tery, perjury, subornation
of perjury, criminal obstruction ut
process or resistance of officers in discharge
of official duty, arson, or larceny : and if
one or more of the parties to said conspir
acy of combination shall do any act to
effect Ihe object thereof, ail the parlies to
or engaged in said conspiracy -or Combin
ation whet her principals or accessories,
shall be deemed guilty ef a felony, and.
upon conviction thereof, shall be liable to
a penalty ot not exceeding S10.000 or to
imprisonment not exceed in r ten years, or
boih. at Hie discretion id' the court ; JJro
vidtd. That if any party or parties to such
corn-piracy or combination shall, in futher
t.uce &f such common design, commit the
crime ot murder, such pany or parties so
guilty shall, upon conviction thereof, suf
fer death : And proc'uled ai-io. That any
offense nunishable under this act. begun
ii one judicial district of the United States
and completed in another, may be deah
with, inquired of, tried, determined, and
punished in either district.
I understand that the act of combina
tion of two or more persons to do an act.
which act. if done in any place under the
sole and exclusive legislative jurismc. .on
of the United States, would constitute auy
of the crimes enumerated in ihe section.
,..!..,i ,.-iti un -.lttemnt to nut the c jn-
u i,,... .... .--y---. ,
o
0
spiracy into effect, is what is to be punish
ed by this bill. To illustrate: two or
more persons in the State of ew lor.i
conspire together and attempt to commit
a larceny upon the pi'ofrty cf another,
which, if committed in the District ot Col
umbia or any fort, arsenal, ir dock yard
ot the United States, would be larceny un
der the laws of the United States ; such
act is made & felony without regard to
whether, it consummated, it would be
.rrand or petit larceny. It makes no dil
ference as to the value of the property
attempted to be stolen, whether it be
little r much whether It be an attempt ts
nrb a hen roost or a bank. We are
...i.. .wl .intL-iwnlhl S1I1-
trravelv. earnestly. a "ri j
CereiV. tola inai no.- i- .. x ..v.
upon the local jurisdiction of the b. aies.
because it is not the larceny that is to fce
punished, bur. the attempt to commit it -u
distinction, sir. without a difference.
Upon what theory is it, passible to rest
the authority- to pass this bill oilier than
..M.ti.r ihe lourteenr-ii -amendment, the
..r ill.. I'nited Sta es has
enlaiied and extended that it may
n.us limitations placed upon the define' and punish all offenses against per
the
Gov-
ir t". n t -i Oi i n t'UTe
eminent had been particularly recil
and numt
exercise thereof, yet. iealous ot possioit.
encroachmeirs through cons.ruc ion. at a
very early dav after 'he Government
went into operation under the Cousti.u-
amendmoKts were mane ,,........,
i delini-e re-u rouuno
.Federal action.
mid valued ngnts oi
cured and guarded by a
d in these ameiid-
iiled that the
been so
now
Hon,
more stringent an
and limitations upon
All the important
the citizen were se
bill ot rights embraced
,c And it. was pro;,-!
'... ti,.., u the Constitution cl certain
rights should net be construed to deny or
dwnarae others retained by tne peop.e ;
HI. lll.i0v ..I..1..0- . U.d tri
and also, that the powers nm ...
.' -. l i.v ih. OinisiMi ion. nor
Itie OJllieu ot"
i,a..;tpJ bv it. to tne siates.
son and property ol whatever tvtuu ami
degree committed within the States, as
.ii , it' f..m:nstted in tne i.'iKiiiei ui
Columbia or the forts, arsenals, and dock
yards of the United ftbues. wnere atone.
ijV the exprevs terms or tin vons nu ion.
exclusive len:duive jui lsdictlon ls ci.nier-
red upon Congress, -.md by the stronyvst
pns-il)ie inijmcati. n denied every wlw re
lse:II Congf'ss nas tne pi; v. er to ue-
pr
were re-
.- I.. ii,..
served 'o the Stat-en n-spec.ive.j ...
neopie. This spirit, sir. so pervades
!;onstitution in all its parts and provisions
ll.at hitherto no Congress h is ventured to
tuopose ihe over leaping ot Hi pbun and
r '. .. .... ,. X l.i-.-.ver. we
i positive umnai o i ..v.-.,-..
II.... nivir iliilCUlll
;..-tt.rl ti, P I PI !UU
air mil""
in le
fif all pofeus in
nion. involving the conceicradon
i re U' r v.f.vi..
,.i .... ii,.. i.ii.iislon.'ni tor con-pi-.ing and
tin.r iiwom iit anv and ail of the
crimes enumerated in this section. rcutj;
n.,i be derived Irom and as incident, to
the jurist! t.ioiial right to (declare the
punishment ot the crim-s themselves
wherev er commuted : i tie power io pre
vent or punish attempts at the commission
of otfenseg inheres to atiti rs a t.alt of th
iurisdiciion which has the power to deirie
t .... ! .1. . .1.- 'l-t-.
and puni-li tlieoiienses ineniseives. inis
is as true ol State as oi reuerai jurist. c-
tion.
Sir. I tnti1 confess that I am unable to
discover any consistency in the logic t n it
oaves to the Congre-s ot the L id ed plates
side of its courts of offenses committed
within the States against person and prop
erty under the pretense of enforcing pro
tecion to lite, liberty, and property, and,
compelling the States to respect the guar
anties of the fourteenth amendment, why
may it not ulso assume civivjurisdiction at
law and equity of all matters of contro
versy between citizens under a like pre
tense? A man's chose in action is as much
property as lands, horses, or cattle, and as
such is as much entitled- to the protection
of the Government. Where is to be the
limit ot protection to person and property
if the interpretation assumed is acted upon
by the Government? Is this criminal
jurisdiction now sought to be assumed to
be concurrent with the Jafates or exclusive
.f their rights; and if concurrent, is there
not some danger of there being an over
dose of protection?
Hut. sir. it is useless to pursue this mat
ter further ; the pretense of protection ig
altogether tso thin a disguise to cover the
masked design which lurks beneath. To
assume jurisdiction over the domestic con
cerns of the several States is the purpose
of this measure. It can have no other, be
Ihe pretense what It may. I'as it and
enforce it and the local jurisdiction of the
State is a thiiie o-f the p.,st. Once upon
the statute book and it will be a danger
ous precedent to be appealed to in die
fu tne. and circumstances and exigencies
will not be wanting to invite and urge 10
Inn her aggressions Once concede tho
principle and ihe current of legislation
will ihencelorth sweep with irresistible
force to tiie cen : ra 'ft. it ion of all power 4lT
Congress and the Executive in P.nd over
the States, absorbing one hy one their re
ni lining- rights, until their lines and juris
dictions -will -bo wholly obliterated and
lost.
But there is another feature in this sec
tion wort hy of note. The bill is entitled
-A bill to enforce ihe provisions of the
fourteenth amendment llie Constitution
of the United States, and for other pnr
poses.': And it. is claimed that guarantees
made in the first section of this amend
ment, bv way d negotiens upon the States,
e urv w'itn them atd particularly in con
nections with the tilth section ot the amend
ment, the power or icerr c ar.i..i
impose upon Congress the duty of provid
iug the neces-i lry laws to that end.0 The
lnuiorable genUeman from Ohio Mr
JJingha.in made an elaborate argument
upon the power and duty of the Govern
ment to enfi.rce t' ese amendments, which
abounded in e!qoience and sUtely rheto
ric r;iost worthy the gentleman. I he Ilonsesj)
and ihe occasion. Did it accur to that
gentleman that that question was not nec
essarily involved in the discussion of this
measure, ihe power of enforcement of the
fourteenth amendment, not being denied
It is not whether the Government has
power to enforce upon theStjtes an ob
servance of the restrictions placed upon
them in the first section of lhat amendment-,
but whether this particular measure is a
proper remedy, and whether it is not ob
noxious to the charge of being an un
warranted assumption of power upon the
part ot Congress, illegal in its provisions
and unpistih ble upon any principle of
i., ,'....,?,.,! lf.crisl.ition ? The lngiiive
lave law of 1850. based upon the third0
clause of section two oT article four 'if the
Constitution, has been referred to as finn-i.-hitig
an undoubted precedent and lull
iustilication for the passage of this enor-
J . . .1. .. I..... ;,
mitv. (he Clause upon svuii;ii i-i w
based reads as follows :
-No person held to service or labor in
State, under the laws thereof, escaping in
to another, shall, in consequence oi any
law or regulation therein, be discharged
trotn such service or labor, but shall be
delivered upon claim of the party io
whom such service or labor may be due."
It will be seen that there is no parallel
whatever between this clause and the first
section of the fotnteenth amendment.
There are two phases to the -clause to be
noticed :
1. The slave was not to be discharged
from Jvervice on account ol tne laws
of the State into which he had
fled. Thai is to say. the State was not
denied the right to place the law on her
statute-book, but the slave escaping
within her jurisdiction vras not toCfce dis
charged by reason of anti-slave laws.
2. The slave was to be delivered up on
claim of the party to whom his services
were due. q
This is not the denial to the States
ihe right to pass a la w. but ejmply except
ing trom its operation Cert ate persons
cimiing within their jurisd.ctions.
This is not all. A delivery tuxya claim
was to be made, and the act of delivery
was not devolved upon the State but U-ft
to the General Goverumeiit, aiYd it vVas
this duty that Carried wish it power to
provide" therefor as a necessary implica
tion. But the guarantees ot thPlirstpsec
tion of ihe fourteenth amendment are
wholly negative ir. their character :
No State shall make or entorceany
law which shall abridge the pri vilpgesr
immunities of citizens of the Duped
Sia es ; nor shall any State deprivtPany
persou'of life, liberty, or property with
oiit. due process ot law. nor deny ro any
sors..n within 'us ' jurisdiction the equal
protection of -the laws.''
Such laws would be simple nullities if
pjv.sed. End every officer o! the Stale, from
ajus;ice of the' peace to the supreme
judge from a constable to the Execunve,
'n infer their oadi u support the Constitu
tion of the Uni ed S a e would be bound
.iu.-..n-ui-.l tii.-in. If. however, litt-ir 'JQ-
forcemeiit were ait uiped the citizen is
-i.l ill.- means ot nro ection. Tiie
o
1 . . . . ... r-'t , 1 ; r .r I 1 . I 1 . . I, . I..
O-.ent and in fi 3n s wl,li' power u ceciare u.t ihh:iiiu .ui m
h i 1 1 M lilt ijanir-i i attcmiH n ciiihiii si cumi mhu uniir
. t rii :i.tn n rirtirw i ..r.mnt
tti (rtM MltHf lUt nn . I ' in i'
1,1 . .U . J..i,.. iirr-illt . . . ii at...
bv ihe fathers to r ro'eci lue.m.r.--...,,.,.. ,,llWer to ueciare me
-7 .1..., ko-i1 ini un'P
A. G. AVALLIXCrS
Pioneer Book Binclery-
OltEGOMAN UUILDLNG,
Comer of Front and Al r Street,
POUT LAND, OREGON.
she would have forgotten entirely th j re.etive husbands to snpe
. 4:..,. I. .t i
if it hadn't got on tire.
The Meanest Max, Tie lives
Wmi hester. 31ass., now the
mlnnest man and hts a deacon
vnt innc a'o his father and mother
flied and his brother buried them, started and broke his wife's neck.
T?LNK BOOKS RULED and BOUND to AEnut half a cart load ot earth a neighbor told him that he wished
nor uiriiness. liotn ccem uunt u .n
so extremely ill-favored that no
outsider can "be found to decide the
question.
A gentleman havincr a pony that
Old Lady. " They're all alike,
mv dear. There's our Susan (it's
true she1 a dissenterl. but
which thev
to enter largely
.... i.r, ii ohm .'II t S 111)
c 1 1 " " . .
.I .r. ,.v-r domestic atltH!
m ide the chief corner itoae of our system
et government.
l bi not propose, sir.
;f.. liscussion of the numerous con-
.;:,! ones ions suggested by this bill.
This has been already done largely and
cM fcv -others who h ive preceded me in
ihu.liseussion. The bill needs only to be
to
ii nisUment of
i he c imp Hs-lf when coinmr'te-l. vvn.
the bill itself refu'ea the argument, as vyill
iie seen bv aa ex amnia' ion oi ine nrst
proviso of the swetiou under cons deration,
which noes a step further. n I dec ares
sn in.
Federal covins, alwavs open vvi h writ
of h-iUciK cnrp-is. wr.ts of rest aOt.
and injunctions, and othei reme ha. agen-c'-es.
can al tll luces rend. -r effijtelit a .d
,,t ,A eoritv air -tins' acinil or ihivaien-
t I . A
tri'l i rim u t-.- tf
!.uimI in. mils or
nfiircir.sr th'- sect...., ... ...... - --
i i; ...I .. . hi-e .rn ll ano-es. in
eo I r u. - r
the c.v il acr -u i
K.-.b-ral coui iS is to b-
. ..: tii.. fi se
li.DITIi.K ...... . ..K
tioual atlieudtnen . ro" ' r j
, . . i , ,. f e. i IOI! " uiivyu g
ioi.h j ,
. i i .
a;n esauu o.iu- ie-;.n i
w i i hiii their limits. If.
the provi-
t . , r i
lo.irteentn ameiMiuieni. aiia
nferreil as claimed,
. : . 1
T',-o i read io be at once an uaem . iu
' .. i i il. .. it k nioi
been well anu uuiy m.u '" - .
c.rfia and atrocious-'' Under the guir
be carted away, and the
4
enr sesneu . , unA ,
MUSIC HOUKts, JIAUAAIA, , , , . t fh flf...
1 .-U tl i uiv.., vvv... ... v-.v... '.iv.j " i in avw" . ,
i-onwn to the trade. f. tho nsfi ot D15 OXeH anu
j., - . , , i c e 1 1 l s wi "-
. Tv.iofi to. I cart.
to purchase it for his wife to ride
upon. "Xo," says the other, "I
will not sell the little fellow be
cause I intend to marry aain."
It has
in
, , i i ..i... i neell wen sum mi'T --
n owed her to m to Chapel iniee. .1,.111.i linger the sutse
tiiniw pvcrv Simlnv since she has , liriimrr the ot ivib-rxes and ltnraunuH
i .;tl. v ,..,Vl T 4ISOH11 votl r The citizen, it at once and effectually
1 1 V e. l iv nil m-, aii.i - " - . - ,- ,i ,i .,ruj UtV
flinn destlOVS his own Sllield, aia ir
sne tiosfii t ni..K a ..11, v.. - ; nrot.erty a prey ".o irrespon-
she did the first dav! L;ki n.--r neutered in one man. Un
'A.. ,tJ ..intense of protecting valued
Whnt a man needs in a garden, nhts. their most important safeguards are
that if any oariv to such eotispiracy
' i
in attemp n.' to cany out me
-comu.i the crime of mn der. such p- ry
th ill r.iilier
or parties, upon con iu.
death,'' . , . ., ;-:..;.
Mr. Speaker, the conclusion
ble that that lepisla'iou is ant can
ated on no othe-theory th .n that Ua
fes under .he Constitution, as amended.
m iv in the pleini'"1"' ' .
ever Circnmsrauces - . T , ---: -
demand, define anu puu.-i. .... .
offe-v a-ainst i e -on and properly com
mid within ti e States.
...... i n ah 1 1 rr Ana cton
t!n. t IIS Dll-I ",r IHVJ ....7 .-.v
A pretend- flir!her. Ii' 'he United States may provide
says Mr. Charles P. Yarner, ,s a s r c.en , --wn eWad- "I' jurud.cuonapon the crimiaal
cast-iron back with a hinge id it. 1 -
in in.
throimh pen il
......r .MUir
:.. .i..: -me is to tnforce
s r. "if
,,itts of i he
lhe power is c early cnterre.i as claimed,
...... t.i.ie and m isk ihe purposes of ihe
im.1,re belund the phrase, -which. Cin
mitied widiin a place under the sole and
exclusive jurtsdr ion of I he IBi ied S'ates.
won d under ar.v 1 -w of the L'nited State
then in force cous in ire t'te crun." &c. J
This lau-'uajre cannot by any pisrbility
wha ever add to the validity of 'he act. by
extending he power ol exclusive lejr,sla
iion within the Di-trict ot Columbia, the
forts, arsenals, and dock yards ol th, Uni
ted States over the States them-elves. The
crimes enumerated are all defined in the
juri-prudence of the coun ry and at com
mon law. and are neither more nor less
definite because they are made punishable
when committed wi bin places where il.e
sole Mid exclusive legislative jurisdiction
of the Government may be . x r.ed. And
if. sir. to protect the rights. prji e-t,
and iaunucities of aDy person, to wlycfe
C0URT3SY OF BAfCROFT LIBRARY,
UNIVERSITY OF CALIFORNIA,
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