The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-04-18
- - oneslinn In Indinnn.


citizen, to enforce a contract. The de- |
PENDANT, for answer, put in the plea |
that the negro came into the State in
violation of. the 18Th article Of the con
stitution Of the State of Indiana,
which, under pains and penalties, pro
hibits negroes from coming into the
State, and debars them from all the
right to enforce contracts, etc
The plaintiff demurs to the answer
maintaining that the 18th article is void
and Of no effect, because,
l. It's in contravention of the letter
and spirit of the Constitution of the
United States.
. 1t is in direct conflict with the con
stitutional amendment abolishing sla-
very.
3. It is void under the first section Of
the Civil Rights bill, which gives TO all
persons born in the United States full
right 10 make and enforce contracts,
any law, statute, ordinance, regulation
or custom to the contrary notwithstand
ing.
The Court sustained the demurrer, and
the defendant appealed to the Circuit
Court, which was in session and the
case was Immediately taken up, and
argued. On the 18th, Judge Test, the
presiding Judge, delivered an opinion
sustaining the lower court The question
raised by the defendants attorneys
was that the plaintiff was not citizen
of the State, and consequently could
bring no action in one of its courts.
The decision involved among other
questions the constitutionality OF the
thirteenth article of the State Consti-
tuition and the laws made under its pro
visions, and upon this the defendants
rested their action. The Judge holds
that the status Of citizenship is uniYer-
sal and general-made so by the enact
ments Of the Civil Rights bill and all
enactments Of the States contrary to
its provisions are invalid and of no
force, and in conflict with the provis-
ions Of the Constitution, which declares
"the citizens of each State shall be en-
titled to all the privileges and immu
mites of the citizens Of the several
States, and consequently, like all
other persons not specially mentioned,
the negro stands before the law upon a
perfect equality with his white neigh
Der. The Judge makez a technical
Misunderstanding mOre-between
civil rights and political rights, and it
does not follow because a man is made
secure in the enjoyment Of the former,
that he is in the same manner invested
with all the privileges and responsible
tiles of the latter. "These rights must
depend upon the legal laws of the
State" The court doubts that the
Civil Rights bill is in force, it not hav-
ing been published by authority, and
until then he could not recognize its
provisions &c offeio. But notwithstsnd
ing this, and without reference to that
bill, he sustains the negro being fully
satisfied that the plaintiff is a citizen
of the United States and of course
10y the Judges method of reasoning a
..s---.- r IL. 6 T.
We give an extract from the deci-
sion, touching a doctrine which is at
present Of very great moment:
While the dangerous doctrine Of State |
sovereignty, or State supremacy, has been |
most signaIly overthrown by the triumph |
OF the Federal Government over the sdvo-
Gates Of this absurd theory; yet the States
have rights which the national Government
cannot c0nstitutionally invade. These
rights should be steadily adhered 70 if we
would preserve the liberty Of the American |
citizen, subject only to the opinions and |
Judgment Of the Federal courts of the |
Union; and while discarding the odious
dogma of State supremacy, we should not
run into the opposite extreme, and forge. |
that the State has rights as well as the
national Government. In fact, that each
have their legitimate orb in which to re-
yolve. Among these undOubted rights is
that of protecting ourselves from the ngress |
of vagranIs and paupers. Whatever may !
be the power Of Congress 20 declare who |
shall, and who shall not be citizens, they |
can not force upon the people OF Indiana a |
class Of persons of the description referred |
90, and tuus fer 1 fully concur in the opn |
ions Of the pure and able men who com |
posed the Supreme Court IN 1883.
Mr. Holden, Elk Provisional Governor |
Of North Carolina, has recently been |
denounced in certain quarters as a rad
ical. In his paper of the 18th, he pub
fishes a communication announcing |
that the sladies Of Raleigh were about
to give an exhibition to raise funds TO
collect the remains Of rebel soldiers
and have them properly inferred, and
remarks
We take a mournful pleasure IN inviting
the attention OF cur readers 70 the following
Il is now conceded on ali
hauds that the Southern people were mis-
guided IN their late attempt 20 dissolve the
Union and establish % separate government
for themselves hut the graves and the
memories of those who fought for them
ought not. therefore, TO be neglected or for
gotten The gallant men who sacrificed
their lives In what they believed 10 be the
cause of their country, ought TO have Chris /
tiau sepulure. No right minded pers II
anywhere will object 10 this. On the con
trarv, all OF our c0untrymeu, whether On
the banks of tho Mississippi or the St Law
renee, are ready 10 pay tnetr tribute TO the
valor OF tho Confederate dead, snd would
wish 10 see them dcceutly inferred. And
the day will come, we trust, when the
Southrou and the Northman viii stand
side by side, with fun hearts and uu-
covered heads, above the graves OF the sol
dIcrs Of the rebel ION and tue soldiers OF the
Union, and utter words like these: " This
man died iu the cause Of the Union. and
that man died resisting its authority. They
were brothers. They became enemies. and |
toughteach other with equal va.or. Those
rho survive them on boo n sides are again
brethren. The past rs forgotten. Let a D Of
Is that was eyiI sleep with these in their
graves, and let only that be remembered |
which viii make us think beUer of our
kind, and lesd as 90 the cultivation OF the
Christian virtues OF peace aud charity. The
Union Is immortal. The patience, the for
q udc. the endurance. and the yalor which
Charac -crEcd tue soldiers on both sides M
that fratcrnal conflict. belong 90 the whole
country; aud foreign nations may know,
from the manner iu which We fought each
other, aud from the Irm friendship which
now sub isis between ms, that we would be
equal as least 90 aoy defence of our territory.
our liberties, or our honor, that ma ht be
required 40 our hands"
Az IMPORTANT DEIsIoN.-A case was
recently tried and determined in the
T. District Court at Mobile, Judge
Busteed PRECEDING, involving an impor-
tsnt principle in law. A youngster q
minor, travelling on one Of the Mobile
and New Orleans steamers, engaged in
= game st cards with a professional
gambler, and lost, as charged, a sum Of
money, really the property Of the mi
nors mother. Suit was instituted by
the mother for the recovery Of the
money, not against the gambler, but