Power And Policy of Exclusion

Cover Power And Policy of Exclusion
Power And Policy of Exclusion
S S Samuel Smith Nicholas
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To suppose that any Southern State would repeal those penalties would be a gratuitous insult ot which Congress ought not to be guilty. The most that Congress can properly do, is to provide penalties to be enforced only In such State as may repeal those of her own enacting. That is all that is necessary to secure obedience to the prohibition, and of course is all the necessary and proper legislation tiuit Congress can use towards carrying it into eflect. The clause gives no sem- blance of power ...to confer on the freed denizen the right of voting, or of testifying, or of being made the pauper ward or apprentice 14 of the Federal Government. According to tlie ruling of tlie Su- preme Court, the auxiliary power used for carrying into effect a granted power must not only be necessary, but, also, it must not be incompatible with the 8[iirit of tlie Constitution. The whole scope of the Constitution evidently intended to leave to the States all such local interests as are involved in tlie rii^ht of votino- or testifying, also, tlie guardiaiisliip or apprenticing of minors and all police regulations.

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