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Scripto | Transcribe Page
Proceedings of the Civil Rights Mass-Meeting held at Lincoln Hall, October 22, 1883. Speeches of Hon. Frederick Douglass and Robert G. Ingersoll.
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of what was the object and intention of he adoption of the Fourteenth Amendment. It has made no account whatever of the intention and purpose of Congress and the President in putting the Civil Rights Bill upon the Statute Book of the Nation. It has seen fit in this case, affecting a weak and much-persecuted people, to be guided by the narrowest and most restricted rules of legal interpretation. It has views both the Constitution and the law with a strict regard to their letter, but without any generous recognition of their broad and liberal spirit. Upon those narrow principles the decision is logical and legal, of course. But what I complain of, and what every lover of liberty in the United States has a right to complain of, is this sudden and causeless reversal of all the great rules of legal interpretation by which this Court was governed in other days, in the construction of the Constitution and of laws respecting colored people.
In the dark day of slavery, this Court, on all occasions, gave the greatest importance to intention as a guide to interpretation. The object and intention of the law, is was said, must prevail. Everything in favor of slavery and against the negro was settled by this object and intention. The Constitution was construed according to its intention. We were over and over again referred to what the framers meant, and plain language was sacrificed that the so affirmed intention of these framers might be positively asserted. When we said in behalf of the negro that the Constitution of the United States was intended to establish justice and to secure the blessings of liberty to ourselves and our posterity, we were told that the words said so, but that that was obviously not its intention; that is was intended to apply only to white people, and that the intention must govern.
When we came to that clause of the Constitution which declares that the immigration or importation of such persons as any of the States may see fit to admit shall not be prohibited, and the friends of liberty declared that that provision of the Constitution did not describe the slave-trade, they were told that while its language applied not to slaves, but to persons, still the object and intention of that clause of the Constitution was plainly to protect the slave-trade, and that that intention was the law. When we came to that clause of the Constitution which declared that "No person held to service or labor in one State, under the laws thereof, escaping into another, shall in consequence of any law or regulation therein be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due," we insisted that it neither described nor applied to slaves; that it applied
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