If, however, the States did not conform their views to its requirements, then, by the fifth section of the article of amendment, Congress was authorized to enforce it by suitable legislation. We doubt very much whether any action of a State not directed by way of discrimination against the Negroes as a class, or on account of their race, will ever be held to come within the purview of this provision. It is so clearly a provision for that race and that emergency, that a strong case would be necessary for its application to any other. But as it is a State that is to be dealt with, and not alone the validity of its laws, we may safely leave that matter until Congress shall have exercised its power, or some case of State oppression, by denial of equal justice in its courts, shall have claimed a decision at our hands.
No language could convey a more complete assertion of the power of Congress over the subject embraced in the present bill than is here expressed. If the States do not conform to the requirements of this clause, if they continue to deny to any person within their jurisdiction the equal protection of the laws, or as the Supreme Court had said "deny equal justice in its Courts" then Congress is here said to have power to enforce the Constitutional guarantee by appropriate legislation. That is the power which this bill now seeks to put in exercise.
It proposes to enforce the Constitutional guarantee against inequality and discrimination by appropriate legislation. It does not seek to confer new rights, nor to place rights conferred by State citizenship under the protection of the United States, but simply to prevent and forbid inequality and discrimination on account of race, color, or previous condition of servitude. Never was there a bill which appealed for support more strongly to that sense of justice and fair play which has been said, and in the main with justice, to be a characteristic of the Anglo-Saxon race. The Constitution warrants it; the Supreme Court sanctions it; justice demands it.
Sir, I have replied to the extent of my ability to the arguments which have been presented by the opponents of this measure. I have replied also to some of the legal propositions advanced by gentlemen on the other side; and now that I am about to conclude, I am deeply sensible of the imperfect manner in which I have performed the task. Technically, this bill is to decide upon the civil status of the colored American citizen; a point disputed at the very formation of our present form of government, when by a short-sighted policy, a policy repugnant to true republican government, one Negro counted as three-fifth of a man. The logical result of this mistake of the framers of the Constitution strengthened the cancer of slavery, which finally spread its poisonous tentacles over the southern portion of the body politic. To arrest its growth and save the nation we have passed through the harrowing operation of intestine war, dreaded at all times, resorted to at the last extremity, like the surgeon's knife, but absolutely necessary to extirpate the disease which threatened with the life of the nation the overthrow of civil and political liberty on this continent. In that dire extremity the members of the race which I have the honor in part to represent—the race which pleads for justice at your hands to-day,—forgetful of their inhuman and brutalizing servitude at the South, their degradation and ostracism at the North, flew willingly and gallantly to the support of the national Government.
Their sufferings, assistance, privations, and trials in the swamps and in the rice-fields, their valor on the land and on the sea, form a part of the ever-glorious record which makes up the history of a nation preserved, and might, should I urge the claim, incline you to respect and guarantee their rights and privileges as citizens of our common Republic. But I remember that valor, devotion, and loyalty are not always rewarded according to their just deserts, and that after the battle some who have borne the brunt of the fray may, through neglect or contempt, be assigned to a subordinate place, while the enemies in war may be preferred to the sufferers.
The results of the war, as seen in reconstruction, have settled forever the political status of my race. The passage of this bill will determine the civil status, not only of the Negro, but of any other class of citizens who may feel themselves discriminated against. It will form the cap-stone of that temple of liberty, begun on this continent under discouraging circumstances, carried on in spite of the sneers of monarchists and the cavils of pretended friends of freedom, until at last it stands, in all its beautiful symmetry and proportions, a building the grandest which the world has ever seen, realizing the most sanguine expectations and the highest hopes of those who, in the name of equal, impartial, and universal liberty, laid the foundation-stone.
The Holy Scriptures tell us of an humble handmaiden who long, faithfully, and patiently gleaned in the rich fields of her wealthy kinsman, and we are told further that at last, in spite of her humble antecedents she found favor in his sight. For over two centuries our race has "reaped down your fields," the cries and woes which we have uttered have "entered into the ears of the Lord of Sabaoth" and we are at last politically free. The last vestiture only is needed—civil rights. Having gained this, we may, with hearts overflowing with gratitude and thankful that our prayer has been answered, repeat the prayer of Ruth: "Entreat me not to leave thee, or to return from following after thee; for whither thou goest, I will go; and where thou lodgest, I will lodge; thy people shall be my people, and thy God my God; where thou diest I will die, and there will I be buried; the Lord do so to me, and more also, if ought but death part thee and me."
CIVIL RIGHTS AND SOCIAL EQUALITY[9]
By Hon. John R. Lynch
The House having under consideration the civil-rights bill, Mr. Lynch said: