Giles Waldo Hotchkiss Quotes
I desire to secure every privilege and every right to every citizen in the United States…. I understand the amendment ... to authorize Congress to establish uniform laws throughout the United States upon the subject named, the protection of life, liberty, and property. I am unwilling that Congress shall have any such power
What was to become the 14th Amendment was being discussed. Several of the most radical Republicans drafted language that would allow Congress to make any law regarding life, liberty or property, so that they could be sure that the States would not make their laws in a discriminatory manner. However, Hotchkiss and the majority wanted to be sure the laws were not discriminatory but they didn’t want Congress to have the power to make any law regarding life, liberty and property for every state. The current version of the 14th Amendment just prohibited discrimination in laws, not empowering the Federal Government to override the state governments in most important areas.
Giles Waldo Hotchkiss, 1815-1878, U. S. Congressman (Republican, NY), Debate on a proposed constitutional amendment, Quoted in Raoul Berger, Government by Judiciary: The Transformation of the Fourteenth Amendment
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Southerners and some others wanted to discriminate and fought civil rights legislation. The excuse they gave for opposition was that the Federal Government was usurping the power of the states to determine what civil rights people of the state would have. Shellabarger made it clear that the civil rights bill would not require ANY rights to be given. It just required that if the states granted rights, they could not discriminate by race as to those rights. But the states were free to decide which rights all citizens of the state would have. See {623473} .
This was the first named Civil Rights Act passed in the United States. It was passed over the veto of President Andrew Johnson, a Southerner, who tried to thwart Congress’s efforts at Reconstruction.
Urging Black military participation for the Union in the Civil War:
Catherine II—the Great—appointed a commission to suggest model laws for Russia based on some of the principles of the European Enlightenment. The laws were never officially adopted but they are interesting in that they were the product of “liberal” thinking at the time. This particular definition of “liberty” is similar to that ruse in many country’s modern constitutions which will “guarantee” a right like freedom of speech so long as it does not violate any laws.
The call for individual liberty and the right of personal property by clergy is surprising to many. This Cahier was the consensus of the Clergy of Blois in 1789. There were cahiers of several provinces of France—some by the clergy, some by the nobles. What is fascinating is the emergence of many of the pre-Revolutionary French concepts. The example of the American revolution and its principles was known throughout the educated classes of France.
This proposed Constitutional Amendment was debated just before Abraham Lincoln would take office. The South wanted to tie his hands on the Slavery issue, and wanted to end what had become a constant polarized Congressional debate over slavery. Of course, their idea of ending the debate was to Constitutionally prohibit further attempts to outlaw or otherwise interfere with slavery in the Southern states. A number of Northern members of Congress voted for it realizing that there was little or no chance of obtaining the ratifications of ¾ of the states and they wanted to buy some time for the Southerners to calm down over their fear of Lincoln and his upstart Republican party. The Amendment never obtained the needed votes though a few states did ratify it. Secession and the Civil War mad the amendment moot. The Southern position was so rigid, that they would compromise in no way on the slavery issue, and ended up of course losing more than they ever thought was possible by succeeding. Another reason this proposed amendment is historically important, is that it is yet another strong piece of evidence that the issue of the Civil War was slavery and not differences in political and economic philosophies as many Southerners have claimed since then. If States Rights in general were the great concern, would have been no reason to single out slavery if it were not the major issue. Yet the last phrase, “including that of persons held to labor or service by the laws of said State” does just. Similar evidence is given by the Secession Resolutions of the Southern States and the debates around them. It is clear that slavery was the issue that the South fought over.
The large majority of the American people opposed legal segregation and for years, the segregationist, racist, Southern white minority were able to prevent any Civil Rights legislation by using the filibuster until President Lyndon Johnson, formerly a Southern Senator who understood the legislative process better than any other American president used his great skill to pass Civil Rights legislation instead of opposing it which he had done for years as a Texas Senator and the Majority Leader of the Senate.
Note the use of the phrase “against the government.” One of the unique aspects of the American Constitution and The Bill of Rights is that the government is considered a potential and even probable infringer on the liberties of the people. It is almost as though the government was the potential enemy. Modern libertarians state this very explicitly and it is ever present in the views of both the right and left wings of American politics. Most centrists recoil at the thought that some citizens see the government as the enemy, but even in America there have been times where the government has infringed on the rights of citizens only to have the courts or future administrations and Congresses correct the error.
It is surprising that these ideas would come from one of the most autocratic powerful monarch in the world at the time. However there were many very liberal influences on her from Europe. This set of proposals she even sent to Voltaire to get his feedback and criticism.
In February of 1861, in a last ditch effort to hold the Union together the Senator offered this proposed Constitutional amendment which would not only guarantee the existence of slavery in the South, but would assure that there could be no later Constitutional amendment to do so—the so-called "unamendable amendment." Surprising to us today is the fact that this amendment was not only supported by incoming President Abraham Lincoln, but was passed by the required two-thirds of both houses of Congress. However, before it could be ratified by the States, events overtook the amendment, the South seceded, and the Civil War began.