tory, to
make and enforce contracts, to sue, be parties, give
evidence, and to the full and equal benefit of all laws and
proceedings for the security of persons and property as is
enjoyed by white citizens, and shall be subject to like
punishments, pains, penalties, etc.
One would think the logical conclusion from that which I have
last read would be that _all citizens_ are entitled to equal
protection everywhere. It appears to mean that. Then I turn to
another piece of legislation--that which is known as "The
Enforcement Act"--one which some of you, gentlemen, did not like
very much when it was enacted--and there I find another
declaration on the same question. The act is entitled "An Act to
Enforce the Right of Citizens of the United States to Vote in the
Several States of this Union, and for other purposes." The right
of "citizens" to vote appears to be conceded by this act. In the
second section it says:
It shall be the duty of every such person and officer to
give to all citizens of the United States the same and equal
opportunity to perform such prerequisite, and to become
qualified to vote, without distinction of race, color or
previous condition of servitude.
I ask you, gentlemen of the committee, as lawyers, whether you do
not think that, after we have been declared to be citizens, we
have the right to claim the protection of this enforcement act?
When you gentlemen from the North rise in your places in the
halls of congress and make these walls ring with your eloquence,
you are prone to talk a great deal about the right of every
United States citizen to the ballot, and the necessity of
protecting every such citizen in its exercise. What do you mean
by it?
It occurs to me here to call your attention to a matter of recent
occurrence. As you know, there has been a little unpleasantness
in Maine--a State which is not without a representative among the
members of the Judiciary Committee--and certain gentlemen there,
especially Mr. Blaine, have been greatly exercised in their minds
because, as they allege, the people of Maine have not been
permitted to express their will at the polls. Why, gentlemen, I
assert that a majority of the people of Maine have never been
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