The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1866-04-06

Discrimination. and TO enquire whether, II
Congress can abrogate all state laws Of
discrimination between the two races in
The matter OF real estate, of suits and OF
contracts generally, Congress may not also
repeal the state law as TO the contract Of
marriage between the races hitherto.
Every subject embraced in lhe enumera-
ton of rights in the bill has been consid-
cred as exclusively belonging to the state
they all relate TO the internal policy
and economy of the respective states.
They are matters, which, in each state
concern the domestic condition OF lis PEG
pie, varying in each according to It's OWL
pecul!s: circumstances, and the safety and
well icing Of It's citizens.
| do not mean 10 say that upon all
these subjects there are not federal re-
stsalnts, as for instance in the State power
Of legislation over contracts, there is a
teleral limitation that no State shall pass
= law impairing the obligations of con
tracts aid as to crimes, that no States
shall pass an erpost tacto law; and as to
money, that 10 State shall make anylhiDg
bat gold and silver a legal tender. But
where can we find federal prohibition
agains, the power Of any State 10 dscrin-
inate-as do most Of tbem---betwe cen
aliens and citizens; between artificial per
sons called orporalions-and naturaGzed
persons. in the right to hold real estate
If it DE granted that Congress can repeal
all State laws discriminating between
whites and blacks in the subject covered
10 this bill, why, it may be asked, may
not Congress repeal, in the same way, all
State laws discriminating between the two
races on the subject o: suffrage and office
If Congress can decide by law who shall
hold lands, who shall testify, who shall
have capacity to make a contract in a
State, then Congress can also 10y law, de.
eide who, without regard to race or color,
shaI! have the right to 81, as Juror or a
Judge, to hold any Office. and, finally, to
vote in every STATE and territory of the
United States. As respects the territories,
they come within the power of Congress,
for as TO the law-makipg power is the
federal power. But as to the States no
similar provision eXists-vestnS in Con>
gress the power to make rules and regul
ations for them. The object of the second
section of the bill is to afford discriminate
ing protection to colored persons in the
full enioyments Of all the rights secured
to them by the preceding section.
It declares that any person who under
color of any law, statute, ordinance, regul
alton or custom, shall sui ject, or cause to
be subjected, any inhabitant of any state
or territory to the deprivation of any right
secured or protected by this act, or to
different punishment, pain or penalties on
account OF such persons having at any
time been held IL a condition of slavery
or involuntary seryitude, except as pun
ishment of crime whereof the party shall
have been duly convicted, or by reason of
color or race, than is prescribed for the
punishment of white persons, shall be
deemed guilty of msdemeanor, and, Ip-
on conviction. shall be punished By fine
not exceeding one thousand dollars, or i'm
prisonment not exceeding one year, or
both, in the discretion of the court.
This section seems to apply to some ex-
listing or future law of a state or territory
whlca may conflict witt the provisions OF
the bill now under consideration. 1t pro
yides for counteracting such forbidden
legislation by imposing fine and imprison-
meut npon the legislators who may pass
such conflicting lave, or upon the officers
or agents who shall put or attempt to put
them into execution. 1t means al official
against law upon the person or property
OF the black race. Such an act may de
privs the black man of his property, bul
not OF his rights to hold property. Ii
means deprivation of the right l.seIf
either by the state Judiciary or the state
legislature. 1t therefore assumes that un-
der this section members Of state legis>
lature who should vote for laws conflicting
with the provisions Of this bill, that Judges
Of the State Courts, who should utter
judgments in antagonism with its terms
and that narshals and sheritfs who shall
as ministerial officers, execute processes
sanctioned by state laws, and issued bv
state Judges, in execution of other iudg-
ments should be brought before other tri-
bunals and there subjected to fine and
Imprisonment for the performance Of the
duties which such state laws might impose.
The legislation thus proposed ingades
the judicial power of the State. Ii says
to every State court judge, if you decide
that this act Is unconstitutional, if YOU re-
fuse, under the prohibition of State law,
to allow negro to testify, if you hold
that such subject matter the said law is
paramount, and under the color Of state
law refuse the exercise of the right to the
negro, your error Of judgment, however
conscientious, shall subject you to fine and
imprisonment, do not apprehend that
conflicting legislation which this bill seems
to contemplate, is SO likely to occur as to
render it necessary at this time to adopt
measure Of such doubtful constitutions
atty. In the next place this provision
Of the bill seems to be unnecessary, as
adequate judicial remedies could be adopt
ed TO secure the desired end without in
vadIng the immunities Of legislators, and
always important to be preserved in the
interest Of pnbiic liberty without assaIing
the independence of the judiciary always
essential to the preservation of Individual
rights, and without impairing the effici-
ency of ministerial officers, always neces>
sary for the maintenance of public peace