New-York daily tribune., 1866-04-05

serurify personal liberty ana th' Tlt'. "a i,,,.fl.
crioy rro5erty; and these are declared 70 Pc i
.4.y rcnr 70 every citizen OF the United Stat,;
no matter where be NAV be- as 4 ciuk. oi .-,, ~
States. Kent IN toe second yo.a~e o. mi granted
bv he Coustitution OF the United States 70 le
~ The several States were 20 be eonhnea 20 .lso =,
were IN their nature iandamenta, nnn speh ,re
risht 70 the citizens Of al free Governments .tt
,h rights OF protection Of hfe and liberty ana lnc
20 acquire aBi enjoy property. There 4, Vtss ~
in the lOth OF johnson. which goes much lurlne' -
~ xb;cb decides not simply that citizen OF tuo
United states a. such s entitlec "a proee'!oh IN
lights but that an alien enemy permitted 20 res'.o -.
the country during time OF AZ u IN ne 80 = ,ybts In
sde here j. 70 be protected iu al these EisA's; -
swing the opniou of the Court IN that case toe oou'
saws lawful residence implies protection ana tae 60,
pacity 20 sue aud be sued "ouia ,lAe W .nt.-
y ,ia negro i lawfully in this country
II cot where does he belongi By the Jaw
of nations an alien who goes 70 fe',ue
foreign country Is entitled 50 lous - & ~ re nnb
self decently TO continue 10 reside tere uh1eI AS
lic nro-ectiou In the same opinion the learned Cuan
cel.or saws tas is the public law OF Europe nv, nv,
$50 - r,i,'a3 20 the protection OF that law by Tue
FEDERAL Government because the Federal Gosefnuen.
has Jurisdiction OF such questions. And Slr II Nea
not so American citizenship would he wor'A hotni"s.
What IL worth II IL does not protect tne ellzeh -
some rights How is IT, Sir that every person porn
IN these United states owes aeeiance TO the Govern
uent Of the United States Everything thai ne mas
his propertv his life be taken by the GoVernmcht
OF tie United States In It's defense or 20 MAINTAIN tue
honor OF the nation. And can II be- Sir that our an.
cestors struggled through long war 20 set up TINS
Government AID that the people OF our day have strng
gled through another war TO maintain i-thas
after all the sacrifice we nave maze W. W.
have got Government when AL
noUerfn 10 command obedience OF the citizen Out has
no mower 10 afford him projections IL that al that ts
boasted American citizenship amounts TOT 90 teu H.
Sir 10 the father whose was starved to death AZ
Andersonye; 10 the widow whose husband was siah
AZ Mission Ridge, to the little boy who leads his
blind father through the streets OF your cly VINO 1851
his eyes on the Gulf coast Go tell them that this Gov
eminent in defense OF which the son snd husband yer
and the father lost his eyes is Goyernment Nhch has
right 10 call those persOus 20 It's defense Oat mas no
power 10 protect It's friends In any right whatever
Sir il cannot be- Such IS not the meaning ot our Con
stitution. Such is not the meaning ci American eli
zenship This Government, which would 90 20 wax
20 protect It's meanest citizen or inhnoaht N any
foreign land whose rights were uuIusty encroacheu
upon. has certainly some power 10 protect rs own
citizens In their country pass rOm the eonsI-
eration Of this first section OF the bill TO tho second
which is objected 10 by the President as anoruihs
discriminating protection to the colored persons.
Sir / viii read that section. and let Ms see
If any OF Us can see these discrimihstlohs;
sEc ind be is futhev enacted That any person "ho'
tom ,b subject or cause be subjected any inhabitsni OF
anv state or Territory the deprivation Of any night Sc
pains or penalties. Of such person having at sny
time been held In condition OF slavery or Involuntary seI.
ie e.rept a. punishment for crime whereof the party
shall have been duly convicted By OF his color OF
race prescribed for the punishment OF white persons
sha be deemed guilty OF misdemean and on conFcton
shall be punished by hue exceeding thousand dollars
OF imprisonment exceeding year or ooh ~ the d
Now can human Ingenuity point out wherein that
ton dscrminaes in favor Of coored persons IL saws
that no person shall subject coored person to dner-
ent punishment than that inflicted on white person
for the same ofense. Does that discriminate IN ms
fayori Why, Sir, the very OBJECT OF the section ~
10 prevent discrimination The effect Of Is 10 prevent
IT, as well as its object; and language 1t does seem
TO me. could not more plainly, express that eiieei.
1t may be said that 1t IS Tor the beneht OF .he
black man because he Is in some Instances dis
eriminated against by State laws but that II tho
case with all remedial statutes They arc
FOR the relief OF persons who need relief
not for the relief Of those who hayc
a right already and when those needing re-
lief obtain IT, they stand upon the precise tooting
OF those who do not need it. There are, however
other and serious objections made to this section
1t IL said that 1t punished by fine and imprisonment
legislators who pass such conflicting laws Let us see
ftha is the language, the proper construction OF the
provisions VIII read again the first line. II declares
that any person who under color Of any law, shall sub
ject cause 10 be subjected any lnhabltant OF any
State Territory 10 the deprivation OF any rlght
secured or protected &c. Now Sir who is to be pun
ishedl Is the law to be punishedi Are the men who
make the law to be punished NOT az ALL atL *
person. &C. he is TO be punished. Who, Why
the person who, under color OF law. commits the Of
fense not the who make the law. "lfany person.
under color Of any law, statute ordinance, regulation
or custom, &c. In some communities OF the South
custom prevails by which different punishment IL IN
fcted upon the blacks from that which IS meted out 10
the whites for the 0ense. This section proposes
punish the community or 10 punish the person who.
under color Of such custom commits the ohense IL ~
/
10 give it any other construction Bot 1t is said that
under this provision judges of the court may be pun
ished, and ministerial officers may be punished. who
are engaged in the execution of any such statute as
this and this is made objection TO the law. We'll.
Sir admit that the ministerial officer and the Judge.
he scts ycousy and corrupty In the execution OF an
illegal law nay be and ought 10 be punished But II hd
acted innOcently the judge would not be punished,
What Sir is a crimei Why, IL is q violation Of some
public law constitute which there must be an act.
and vicious will in doing the act; or, according
the definition In OF the law books TO constitute
q crime, there must be violation Of public law
coupled with intent or with criminal neglect There
must be union-s Joint operation Of act and intent-in
order 10 commit crime; and the Judge. who for the
purpose Of having this question decided In the Federal
Courts should give decision that would allow the case
to be brought up, who acted innocently and not
vciousy or oppressvey would never be convicted
before any Court In ChIistendom But Sir If he acted
yclousy and oppresvey, repeat, he ought TO bs
punished; and it Is novel provision TO put into
statute. book Why Sir very after the organiza-
ton Of this Government In the first year Of its existence
long ago 1890 the Congress OF the United States
provided for punshng men who: under color Of State
laws violated the laws OF the United States will
read from the 26th section of act passed in 1870;
In any person persons shall sue for or prose-
such writ process such person persons.
aud ali attorneys and solicitors prosecuting in such
case and all officers executing any such writ or pro-
cess and being convicted thereof shall be deemed vo-
ators Of the laws Of nations and dsubers Of the public
repose and shall be- imprisoned not exceeding three
years or fined e. 900 at the discretion OF the court
Mr.. TRUNBULL after discussing the objections OF tho
President 70 the second section, reviewed other por-
.ious Of the Veto Message Ia proof that conflicting
legislation existed and that danger TO be appre
hended from conflicting legislation not yet effected.
Mr Trumbull cited the official returns Of military
officers connected with the Freedneu's Bureau OF
State laws recently enacted in prohibition Of the night
Of the negro 70 lease or own land, and other rights
secured 10 them In this bill He also referred TO the
military orders sanctioned by tbs President showing
the same thing; among them tb0se Of Gen. Sches az
Charleston, cautioning the law-making authorities
against discriminating against any class Of the populs
1 Acaia fhata lau