194 



CONGRESS, UNITED STATES. 



prevented their repetition. Such is the ^hi 

 and sacred function of the judiciary, and in all 

 these and like cases under the old Constitution 

 or the first section of the fourteenth amend- 

 ment it is more effective, practical, satisfactory, 

 and beneficent in the enforcement of all these 

 guarantees and the protection of the people 

 tha*i any law of Congress. In all our past his- 

 tory no man ever had the temerity to even pro- 

 pose any law to enforce these guarantees. The 

 organization of courts in the States and the 

 Union charged with the great duty of construc- 

 tion and enforcement of the laws was enough, 

 and has been so demonstrated in our past ex- 

 perience. It will always be sufficient until the 

 tribunals of justice, the last citadel of the peo- 

 ple's safety, shall have become corrupt or cor- 

 ruptible. This fatal event will speedily happen 

 if this and such laws are enacted by Congress. 

 The courts will inevitably become partisan 

 machines, and the instruments of despotism 

 and oppression. Let us avoid these dangers 

 if we would shun speedy national decay and 

 the overthrow of our institutions. Such laws 

 as this, in my opinion, can only bear evil fruit, 

 beget disorder, bring bitter suffering, groans, 

 and tears, not peace or protection. 



"The last provision in section one of the 

 fourteenth amendment is this : 



Nor deny to any person within its jurisdiction the 

 equal protection of the laws. 



" I do not need further to refer to this pro- 

 vision than to say that it manifestly involves 

 no grant of power. It is simply declaratory 

 of the preexisting law of the country, the 

 preexisting, fundamental, constitutional law 

 declared by all the courts and tribunals of the 

 entire country. 



" And I take it every gentleman here knows 

 that in every State of this Union, South and 

 North, this same guarantee is contained, in 

 some form, in its constitution, and vindicated 

 habitually by its courts. If any laws are en- 

 acted in violation of it, they are held null and 

 void, and set aside and disregarded by the 

 courts. This is its surest, most certain, and 

 effective mode of vindication, and no condition 

 of things or society, in our country, demands 

 any other. It was manifestly inserted in this 

 fourteenth amendment out of abundant cau- 

 tion. It is no grant of affirmative power, 

 demanding enforcement by legislation. Ever 

 since the foundation of the Government, and 

 in all the history of each State, and of the 

 United States, it has always been considered, 

 adjudged to be, and enforced as a vital part 

 and principle of our system. It has, without 

 one single exception, been held to be the con- 

 stitutional and supreme law of the States, 

 within themselves, and of the United States. 

 No exception exists. No gentleman can point 

 me to a single case to the contrary. 



" Now, Mr. Speaker, I want to ask attention 

 briefly to the fourth section of the fourth arti- 

 cle of the Constitution of the United States. 

 The language of the section is this : 



That the United States shall guarantee to every 

 State in this Union a republican form of government, 

 and shall protect each of them against invasion, and, 

 on application of the Legislature, or of the Executive, 

 when the Legislature cannot be convened, against 

 domestic violence. 



" The obligation of the Federal Government 

 to protect the States of this Union against in- 

 vasion is clear and obvious, and it interferes 

 with no question of State jurisdiction or of 

 State autonomy. It is external to the State 

 itself; it is protection against dangers from 

 without, not within. 



"And the balance of that section relates to 

 domestic violence within the State. And, on 

 that subject, the language of the Constitution 

 is very plain, and the purpose is very obvious. 

 It is intended only to make it the duty of the 

 Federal Government to go to the relief of the 

 States of the Union, against domestic violence, 

 when the States appeal for such aid, being un- 

 able by their own powers to maintain the pub- 

 lic order, to protect themselves and their citi- 

 zens, and enforce their laws, in the peaceful 

 course of administration. But the great solici- 

 tude of the framers of the Constitution against 

 Federal interference of any kind in the States 

 is manifested in the cautious language used in 

 this section. It forbids Federal interposition, 

 except upon the call of the Governor or Legis- 

 lature of the State. That inhibition is clear, 

 salutary, and imperative. It is not repeale 

 or modified by the fourteenth amendment. It 

 is consistent and can well stand with it. 



" But this bill disregards it utterly, and pi 

 poses that the President may intervene in th< 

 affairs of the States, at his own pleasure, fc 

 the most uncertain and insufficient, if not friv- 

 olous, causes. He needs not to wait for the 

 request of the States in any form. He maj 

 himself decide when the facts or conditioi 

 named in this bill exist. His judgment on 

 such question is final, whether correct, hasty, 

 reckless, dishonest, or wise. No tribunal can 

 review it or stay his hand. He can command 

 all the power of the Federal Government, 

 the Army, or Navy, or militia. Under it 

 goes into the State, not to aid and coopei 

 with, and in subordination to, the State authori- 

 ties, as the Constitution plainly requires, bi 

 he goes there to supersede the State authority, 

 to override its laws, and erect a different am 

 strange power, to enforce arbitrary, summary, 

 and oppressive laws. He goes there clad in 

 the most absolute and despotic discretion. His 

 own will and judgment will, in most matters, 

 constitute his chief restraint. I denounce all 

 such powers, no matter upon whom conferi 

 to be gross and monstrous usurpations, nc 

 countenanced by any thing in the letter or 

 spirit of the Constitution. Speaking of this 

 clause in the old Constitution, Mr. Justice 

 Story well says : 



It may not he amiss further to observe that every 

 pretext for intermeddling with the domesti^ concerns of 

 any State, under color of protecting it anainst domestic 

 violence, is taken away by that part of the provision 





