The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1866-04-05
!. KENOsHA, WISCONSIN, THURSDAY, APRIL s. 1866.

ri 81 q
for counteracting such for Ridden legislation by
imposing fine and imprisonment upon the legis-
lator who may pass such conflicting laws, OF
upon the officer or agents who snail put or at
tempt to put them into execution. Ii means au
offense, not common crime. committed against
law upon the person or property of the black
race Such an act may deprive the black man
of his property but not of his right to hold prop
erty. 1t means a deprivation OF the right itself,
either by the State judiciary or the state legie-
lsture. 1t ia therefore assumed that under fhls
section members of State legislature, wh''
should vote for laws conflicting with the provis-
ions of the bin, THAT judges OF the State courts
who should render Judgments III antagonlsm
with its terms, and that marshals ana sheIlHs
who should as ministerial officers execute pro-
cess sanctioned by Stale laws and issued by
State judges in execution of their Judgments,
could be brough; before other tribunals and
there subjected To fine and imprisonment for the
performance of the duties which such State laws
might impose -r GOV H @-'.t
The legislation thus proposed invades the ju-
dcisl power of the States. 1t says to every
State, court or judge eff you decide that this
act is unconstitutional; if you refuse, under the
provisions of State law, to allow negro to
testify; if you hold that over such subject
m after the law is paramount and under color OF
~ State law refuse the exercise of the right to the
negro, your error at Judgment, however con-
scientious, shall biect you TO fines and mprls-
onment." do not not appreheDd that conflict
ing legislation, which the bill seems TO contem-
patel so likely to occur, as 10 render 1t neces-
ssry al this tune, tn adopt measure OF such
dnu al consttutioDality. as.
Iu the next place, this provision of the bill
seems to be Unnecessary, as adequate judicial
remedies could be adopted to secure the de-
sired end, without invading he Immunities OF
legis latore always important to be preserved
in The interest of public liberty; without assai-
ing the independence of the Judiciary, always
essential to preservation of Individual rights !;
and without impairng the efficiency of ministe-
nal officers always necessary Tor the mainte-
nance OF public peace aud order. The remedy
proposed by this secto seems 20 be in thir
respect not only anomalous but unconstitution-
al, TIE constitution guarantees nothing with
ertainty if it does not insure to severa! States
The right of making laws IN regard to all matters
arising within their Jurisdiction, subject only t"
their reconstruction III cases ct conflict with
he constitutional laws of the United States the
latter 10 be held as the supreme law Of the land.
The Ihiru section gives the district courts 'f
the United States exclusive cOgnlZance OF all
crimes ana offences committed against the pro-
visions of this act, and concurrent jurisdiction
with the Circuit Courts Of the United Stared, OF
all civil and criminal Gases affecting persons VIII
are denied or cannot entorre IN the courts o1
judicial tribunal OF the State or locality where
they may be, any of the rights secured 10 them
by the first section. The construction Which ]
have given - the second section, Tor 1t makes
clear what kind of denial or deprivation of right
secured by the first section was IN contemplation
Ii is denial or deprivation OF such rights IN
the courts or judicial IribW bas of the State. /
It ands tber efnre, clear oi doubt that the fence
and the penalte@ rrUvded IN the second sec
ton are intended tor the Sta jud e vino, in the
| clear exercise IT hIs functions as a judge, no
acting mnIsterlaliy, bat jUdlcaily, shall decide
contrary to this Fedora law. In other wofda
when II State judge, acting upon a question III
! vuiving a co .ic5 between n Stale law cad :
| Federal law aud bound, ACCORDING 10 tbs "Wt
| Judgment ard responsibility, to give an impair
| tial decision between the TWO, comes 10 the en-
| ciusion that the Stare law Is valid and the Fed
eral law is invalid, NJ. must not follow the die
| tales Of his OVID judgment at the peril OF nus
| and imprisonment. he legislative department
! of the Government of he United States thu
takes from the judicial departments OF the States
| the sacreu and exclusive duty OF a judicial de
| ri iOu, and converts the State judge into mere
minsterIa office, bound to decide 70 the will o
| Congress Ii is clear that in States which den!
| 70 persons whose rights secured by the frs
section uf the bill, any one OF ihose rights, al
criminal and civil cases affecting them wlii, D,
The pro ' isions OF the thir1 section, Come unde
the exclu-ive e0gnizance OF the Federal tribu-
/ nails 1t tol ows that If any Siae law denie
| TO II colOrea person any one OF all those rights
! if thai person should commit crime against th
/ laws of State,-murder or any other crime
| all protection and punishment through the court
| OF The state are taken away and he can only b
tried and punished in Federal courts. How
the criminal to be tried If the offence ls provide
! tor and punished by Federal law That laS
| and not the state law is to govern If, and or
when the offence does not sppen TO be With
the purView OF Federal law, THAT The courts ar
.-~ and punish him under any other Law
- had to the common in
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