Mr. ALE. The gent eman will pardon me; his argument seems to me to be more specious tbansOUnd. The language of the section under consideration ives to all persons e no] protection. Now, I that means you shall extend to one married woman the same protection you extend to another, and not the same you extend to unmarried women or men, then by parit of reasoning it will be sufficient if on exten to One negro the same rights you O to another, but not those you extend to a white man. I think, if the Gentfrom Pennsylvania claims that the resolution only intends that all of It certain class shall have equal protection” such class legislation may certainly as easily satisfy the requirements of this resolution in the case of the negro as in the case of the married woman. The line of distinction is, I take it, quite as broadly marked between negroes and white men as between married and unmarried women. It was not within the purview of the original constitution to grant the power of legislation Congress on subjects of this character. Mr. Speaker, the powers conferred on Congress are ll contained in the 8th section of the 1st article of the Constitution. I ask the House to look at these provisions, their nature, their general scope. t to accuracy, recision, and care with which they are defined: all my respect and deference for the ComReconstruction, as the extremely vague, loose, and indefinite provisions of the proposed amendment. By the 8th section of the 1st article the ubjects upon which Congress isto have power legislate are enumerated. Congress is to rave power to lay and collect taxes, duties, imoats, and excises; to pay the debts and provi O for the common defense and general welfare of the U.S.: to borrow money; to regulate commerce with foreign nations, among the several States, and with the Indian tribes, (which are regarded in many respects as foreign nations;) to establish a system of naturalization and bankQpt/cy; to coin money; fix the standard of weights and measures; provide for the punishment of counterfeiting the coin and securities of the U.S.; establish postoffices; provide for copyrights and patents; constitute certain judicial tribunals; punish piracy on the high seas outside of the jurisdiction of the States, kc. Go through that section carefully and you will find no general power granted to Congress to legislate upon matters of a municipal na ture, or matters relating to the social or civil rights of citizens of the States, but everywhere it points most strictly and carefully to the legitimate objects for which the national government was created and the last clause that is often quoted, and which I have heard quoted today in this House, but which is almost as often misquoted as quoted, gives to Congress only the power to make all laws which shall be necessary and proper for the carrying into execution the fore oing powers, and all other powers vested by he Constitution in the Government of the U.S., or in any Deptor Officer thereof. In that sweeping, comprehensive clause, as it is ordinarily deemed, covering all the powers essential to carry out the other powers granted by the instrument and the other powers conferred upon any Dept of the Government of the U.S., we find that it is limited directly to these pow ers; it is not a general power to enact all laws for carrying out the provisions of the Constitution. A in, the Gentfrom Ohio [Mr. Bite BAM refers us to the 5th article of the amendments to the Constitution as the basis of the present resolution, and as thesource from which c has taken substantially the language of that clause of the proposed amendment I am conx sidering. Now, what are these amendments to the Constitution, numbered from one to ten, one of which is the 5th article in questionlfi What is the nature and object of these articles? They do not contain, from beginning to end, a grant of power anywhere. On the contrary, they are all restrictions of power. They constitute the bill of rights, a bill of rights for the protection of the citizen, and definin and limiting the power of Federal and State legislation. They are not matters upon which legislation can be based. They be in with the proposiion that “ Congress abs 1 make no law, ” 656.; and if I were to follow the example of my friendfrom California, [Mr. HIGBY] I might perhaps claim that here was a sufficient proibition against the legislation sought to be provided for by this amendment. Through and compare, them with what Icannot butcharacterize, Without they are prohibitions against legislation. forced by the courts, and not to be exercised by the Legislatuce and the provide in this noble 5th article, among 0t era provisions which at this time espocially deserve the attention of the American people that no person shall be deprived of life, liberty, or property, without due process of law.