Delaware State journal and statesman., 1866-04-17

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Well sir admit that the ministerial officer or judge
he acts viciousy and corrupty in the execution Of an
Illegal law, may be and ought TO be punished but he
acted innorenty. the judge would not be punished.
What str, is a crime' Why, it is violation Of some
Vicious will in doing the aet OF, according to the
definition In some Of the law books 10 constitute crime
intent or with crinna neglect. There must be union
and joint operation of act and intent In order TO commit
this question decided in the Federal courts should give
decision that would allow the TO be brought who
acted i1noceny and not vlcously OF would
But sir he acted viconsly and oppressyey, repeat
he ought 10 be punished and 1t no novel provision to
Why, sir very after the organization Of this gov
ernme In the first year Of its existence as long ago as
1880 the Congress Of the United States provided for
shng men who, under color Of State laws, violated the
laws of the United States will read from 26th section
o an act passed In 790 SIN case any person or pereon
shall for prosecute any such writ process such
person persons and all attorneys and solicitors prose
writ or process and being convicted thereof shall be
deemed yoatora OF the law Of nations and dsturbsrs Of
the public eposs and shall be imprisoned not exceeding
OF the couri'
Mr. Trumbull, after discussing the objections Of the
President the second section reviewed other portions
OF the veto message. In proof that conflicting legislation
existed, and that danger to be arprehended from
conflicting legislation yet effected, Mr. Trumbul cited
ohcia returns of military officers connected with the
Freedmens Bureau Of State laws recently enacted IN pro
hbi ion of the right of the negro to lease TO land
and other rghs secured to them in this bill He also
| showing tho thing among them those Of General
hckss at Charleston, canioning the lawmaking author
tiles against discriminating against any class Of the pop
uat n declaring that ali laws should effect alike all the
inhabitants Of the SAta and that they should expressly
SECURE In ell respects equal Justice to freedmen as to all
His order Of the fourth Of March declares the exclusive
jurisdiction in ali rages affecting freedmen to rest with
the superior and circuit provost courts He continued In
illustrations of the frequent exercise of these powers
change in the Presidents opini and action upon this
subject He also discussed the specific powers Of the
President claiming that the war power rested 10
/ q
dent to the third section OF the bill lying against the
extent Of jurisdiction to Federal cours granted in cases
arising under this act. He claimed that the President
had made strained construction ofi In assuming that
all cases arising under its provisions must necessarily pc
excluded from the State Courts But If II did sustain
such construction, and It found to be the only safe
guard for the lights Of the freedmen he would freely say
that their liberty should be maintained at all hazards
he would farther say that found essentially
necessary their proeoon he would put In the hands
as he was concerned In connection with the faith of the
nation pedel to project those who had fought to sustain
efforts to nuke that pledge good.
10 the objection made to the number Of officials and
agents required by the bill, he replied that It was all
copied from the statute known the fugitive slave law
machinery in itself always held to be constitutional and
originally was In the interest of slavery AS soldiers
employed the weapons wrested from rebels in putting
down the rebellion, so the weapons OF that law were
sanclihed the of freedom. ohsr objections to the
seventh and eighth sections he showed to be taken
verbatim from former laws against which NO obiection
had been nlade That with reference TO employment
navy in enforcing he explained
was taken from law enacted III van
In conclusion Mr.. Trumbun sald-Mr. President,
have now gone through this veto message replying with
patience could command to its various objections
to the bill. Would that could stop here; that there
was occasion to go farther; but Justice to myself
justice the State whose representative am, uscs to
the people fthe whole country, in legsatng for whose
behalf callod to participate Justice to the Constu
tton am support, Justice to the rights of Amer
lean citizenship It secures, and TO human liberty now
ggsang S Il he sS & this message o
dangerous doctrines ofthe inconsistencies
upon the constitutional rights of Congress, and his
assumption Of unwarantsd powers which II pesevered
in aud not checked by tho people must eventually lead
liberty.
sought controversy with the President 60 far from IT,
the bill was proposed with view to carry out what
supposed to be the views Of the President and was sub
mitted to him before its introduction into the Senate
able 10 relate private declarations Of the President
but is right that the American people should know that
the controversy which exists between him and Congress-
in reference this is of his own seeking. Soon
after Congress mot it became apparent that there
difference Of opinion between the PRESIDENT and some
members ofCongress in regard To the condition Of the
rebeeus States and the rights be secured TO freedmen
The President in his annual message had denied the
constitutional Of the general government to extend
the elective franchise to negroes but he equally
decided tho assertion Of the right OF every to lf
liberty and the pursuit Of happlnesH." This was his
anguage "But while have doubt that now after the
close OF the war; u Is not competent tor the general gov
ernment TO extend the executive franchise in the
States il is equally clear that good faith requires the
security Of the freedmen In their liberty and in their
There we're some members Of Congress who expressed
opinion that in the reorganization of the refeliouI
States the right Of suffrage should be extended 70 the
coored man. Though this not the prevailing senti
meit Of Congress all were anxious for reorganization
oil tho rebeious States and their admission to full par
Iteration in the Federal government thest
relaons could be restored with safety to ali concerned
Feeling the Importance of harmonious action between
the different departments Of the government, and ar
anxious desire to sustain tho President, for whom hat
always entertained the hi chest respect had equen
with him during the early part Of the session
Without mentioning anything said by him. may, with
sasa and believing that the passage Of law Il
Congress securing equality in civil rights when denied b.
State authorities to iesdmen and all other Inhabitants
Inc United States would do much to relieve anxiety II
he north aud induce the southern States to thes
tirht by their action, aud thereby many
the obstacles TO an early reeonIneton, prepared tn
bill substantially as 1t Is now returned with the Pres
d dents objections.
Sfier he ill was introduced aud printed copy wa
furnished him and at subsequent period, when II
Ieported hsI ras ns Mi Mi he apu IN
Of the Civil Rights bill, then pending In the House. and
hone expressed that II hs had objections to any II
e DIVISIONS he would mska them known to its friends tina
they might be remediOd fno destructive ofhe
that there was believed to be disposition the part
&c Congress- and certainly none on my part to have bill
presented hip which he could not approve He neve
ndlcat to me- nor. So isr ~ as 9ho% s to any Of
bill till after Its passage And how could he consistent
with hwsell The bili was framed as was sppPosed
if with what he then and has since been doing In pr
is tecng free linen in their civil rghts all through the
was strictly limited to the protection Of the civ
y rights belonging to every freedmGn-the brthright
Americ carefully avoiding conferrn
at ar Interfering with political rights privileges
is knd The bill neither eonfers abridges the rights
I'd nv one but simply declares that in civil righs the
le shabe an equality among all classes ofcitlZens and h
'h ali alike shall he subject to the same punishment Bac
state 50 il does not abrdge the great fundamental rgh
at belonginR under the Constitution to all citizens ms
ars1t Or Withhold such civil rghts as peases All thu
at II reoured is that, in this respect, its laws shall
nari and vet this is the bill returned with Il
nd Presidenrs obechousi and such obie'tiOns What
es theyl That din all our history IN al oar experience
in nsopie living under Federal and Stats laws, su,
he ysem As that contemplated by the details OF this
to has ever before been proposed or adopted"
Have not already shown In the action Of the Preside
himself through General Sickles declaring that "a
laws shall he applicable alike to all nhAbitants" and
to ,b iii sThe details Of the bill" says the freslder
esabsh the security OF the eoloed race saeguar
cir aent hss ever provided for the white racep with VIII
truth this be said Of bill which declares that
civil rights and punishment Of all races, including
Mt corse the colored shall be the those of viii
MS personsn let an intelligent public Judge.
an "rneyn (the details) says the PRESIDENT "nterfe
with the municipal legislation Of the States; with t
on relations existing exclusively between State and
citzans CT between the Inhabitants of the same se
absorption and assumption Of pewer Of the general
on erpment which acqueseed in, must sap and destroy
mt fderative system Of limited powers and break down
ch barriers which preserve the rights Of the States 1t
of nothar stem or rather stride toward Capitalization
the concentration of ali legislative powers in the nAtoI
on government"
led issue through General Howard set aside act of
Legislature of Mississippi and by another order throu
l forbade any magistrate civil officers from attempting
execute it; who, through Ten Candy ordered the st
hat courts In his department suspend all suits Aga
II nersons charged with offences for which white persc
a were not punished-and all know the penalty VIII
son would have been visited upon State Judges officials
orr vioaion Of any Of these ordersa President who
dis vetong provision of the Rresdmens Bureau bill beea
as secured 10 the occupants OF land under Major Gene
ud rhemans possession for the limited period Of th
aid years himse issued order within less than thi
In days Afterwards through H. W. Smith, assistant Adult
but General declaring that grants Of lands 10 the freed peo
for in cmpanee with General shermAns special field ord