New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-11-27


law definite and certain which by its terms indefinite and
uncertain and you not bound to give construction
to give effect 70 his Law as you would be II
take away Of the cardinal rights Of citizen and the
Court Wall not STRAIN point 20 ass u alpY 70 fs nI' uo d
not the political dchBiton Of terms must b. consulted sub
that tie law question is null and void Aud the law
both constitutional and statutory utterly silent Ms 10 'he es
determining color OF who men OF eopr
edge that the rator s Of coe and in reply he
Of his knowledge that be Is not This nal by ahda'
the law and In The absence OF any legal re
qurement OF means arriving az greater certainty move
Tor judgment and PeemPoy mandamus on the papers rs
Judge Speherand-Yoa viii he satisfied with my order
Of this statute when the ease hrst came before
me The oueston nov whether there issue Of fac
cali Plea which che technical whether he
Of color within the meaning Of The Constitution y he
That the issue and the only material one whether ne
msn'o color said the other day that It was Question "
what Constitution means by man Of color Does mean
n descendants those who have African blood in their veins
OF mean men Of darkness Of color proportion oil
Aean blood Your client resting upon yonr advice mas
taken upon himself put upon its construction the Cons
tutonto swear in Tact he has African blood in his veins
that the Constitution did not mean that man Wilh
n in fact his parents were Africans matter what
degree he that in the words Of the Consta
ton be is not man OF color am eonemded by ~ II nc
as black the blacklist African should send the case 70
Jury Taat forms Issue Of fact The taking OF the oaih -
matter between him and his conscience must assume n
true-ha he is not man Of color Now as TO me con-
ton of the in the Constitution, this-it my dut
say it, IN consideration OF the oath taken 49,,
but IN which you wiz find an adjudication upon tu
|
md novel one which counsel would do well to look at II
is in the October number Of he American Ldo Re0's
,ac PeoDle AFT r'' Dean 1t decides that person
having less than OnequaTter OF black or Ah.ah oo
white person within meaning Of the Constitution OF
Michigan and is EMIT otherwise entitled IL an
extraordinary in view of this oath WIZ READ po'n
of note by the Philadelphia editor which be reviews Tue
opinion THE question discussed and decided In the foregoing
will attract the attention 81 the profession a. upon 1 he
opponents Of the regulations excluding persons OF AI a
scent political privileges have had niue occasion 20
ne
have commenced the political emancipation OF long
avoid saving tha Inc argument Of the Court leads with sngu
lar direcnes away conclusion The general rule OF
Interpretation Of constitutions that words which had not at
The time Of adoption any fixed legal meaning shall be IN
dersood in popular ordinary laid down with great
and clearness and The fact iairy admitted that
in whom nge Of African blood apparent TO ordinary 90
eryaon Chased by popular aceeptaon among wes
TO tho inevitable conclusion rom TINS s 'h' 10
person in whom any trace Of African blood Is per,
class Of white eit1ens who are entitled to vote No
doubt such rule il unfair and llhberM; ont , h
result OF prejudice ibersy aud harsh as II may be We
can other conclusion from the premises Inc remedy or
power The standard which the Court set up In the
case entirely arbitrary and however convenient i seems to
very clear Of judicial legislation Among the most re-
maikabe things about this decision IS that nn We cone 40
other way In the Connecticut case johnson ag NotmiS
% Conn 4O the supreme Court Of Connscii1ui T..
ON the proportion Of mixed hoods and held that those are
can descent and who also have disclose ysby the peculiar
and distinctive color OF the African The reason make
obsed ~ he concluded by them It would he impossible
enueate the many IN which this word color II ased
in this country These words men OF color IN the ohuu
ton are intended what was understood by them
Among people must assume That they were user "a
the ordinary sense Neither me constitution OF he 1e
States and but few OF the State Constitutions use me term
negro" The Of this State make II felony 10 sen
or transfer service labor Of any black mnno OF othsr
person Of color no ha have been forcih taken lhNeged
kidnapped from this STATE These Ae h
used. Now notwithstanding al that-ihe nihai having
Joined should he put on the Circuit calendar oithNtn
are enforcing law 20 exclude rum the right Of suffrage
yon enforcing beneficial law and therefore your HONOR
| Is not bound 10 strain point 70 give u effect
Jndge Sutherland-what said the question Of law
and The construction II the Constitution has haIug on Nhat
said the other day taking the words OF The tonsson 70
descendant Of an African Webster hes that dominion
but the English dictionaries have not The hst definition ~
"a native African second "a de.eenaaht 81 one ~ ,n
African race - We have the full definition m ts haiohaI
resulting from the unfortunate pusce 30 us country
against the black rnce IN Consequence 81 slavery me mOe
of determining what man oi eol,I pr ~ a.
construction Of the Constitution Having fled An aihdai
saying you not Of color there an end Of - Then
comes the issue Of fact Eey may suppo..1 20 a -" ~,
law and the Constitution and IN making IN aihda' o uht
kind he does 81 biz peril When you come ny 10 ny INC issue
of fact IL will be- question Of law mainly see u j. stated IN
papers that my remark the other day that the el Of The
question would have to by inspection excited laughter though
did not observe H. Several authorities beside The cae o bc
9Th Ohio show that tie question determined by inspection
But the mistake made not TO know Of ths statute
Mr. Gber-Ihoy ddn inquire into ID" qu''"h ." '"' "
! descent In the Ohio case referred TO -, o.. -,
Judge Sutherlasd-rberc might b. eases uhef" u Wold
he sufficient 60 determine from the appearance oil th.
whether he Of color not some have none 81
those marks BY which descendant 81 Africans DISTINGUISHED
IL imagine where The hct could not b. dt
ternncd from inspection and the question Of actual pnrenafe
would Lave be- gone into lie had understood run the re
marks OF THY TRIBUNE that there such difficulty % the
case but the traverse presented this p0rt question q" fact
aud il important that II should BE- tried at Circuit and
should De put on the calendar.
Mr Gl6crt-And should have preference
Judge sutheriand-I suppose 90 Ordered accordingly
-