The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-10-04
Important Dcci,ion
CIVIL RIeHTs MIL
DrcLAnrD ukcoNsTITuTIoNAL

JANIS LEWIS. freedman. I IN Hattos Cor
~ patio SpHs
Belsna Hon. A. III Handy, Chief Justier Of
the High Court Of Euor and Appcais
The petitioner. a freedman, was convicted
on the 18th of September, 1866 IN thr county
court of Madison county. ON q charge OF oer-
rving Are arms. In said county, ia The month
OF August, lo6G contrary ~ the act Of our
Legislature Of November session. 1850 thal,
~ Sec ! aud fined the sum Of one dolluf
aud costs aud, Ia default Of payment thereof
he was ordered to be imprisoned W the
county iail for the space Of Ave days, aud "
was ordered that, after the aspiration of
that time. the fine aud costs remaining M
paid lac should he hired out for the payment
thereof The return 10 the wit Of HhbfV
C0rpas showed that he was held la custody
by the sheriff of Madison county, IN virtue
of this order aud Judgment. aud lIy reason
of his failure 30 pay said line aud costs
on this state of facts, and on argument of
counsel IN bnhalf Of the petitioner, the mat
ter has been submitted aud taken under adj
yisement, Ia order that mature c0nsidsrn-
ton which tho grave and important qqcs
tions involved la 1t demand and now pro
Cecd IL state briefly, my views Of those
questions aud my Judgment IN the matter.
/ regret that have not had the benefit Of
argument by counsel IN opposition ~ the
application, 10 aid me in q matter Of such
momdnt
The first position taken in behalf of The
petitioner VI. that the 1871 Amendment of
the Constitution Of the United States, pro
hibiting slavery within the United States,
made him frec, baud ipso Jecfo vested him
with M the rights Of a citizen Of this state
under The Constitution, except tlto right Of
A. - A. Ian
which are recognised by the Constitution Of
the United States that IN virtue of the
2.ld section Of the Bill Of Rights prelixed 10
the Constitution Of this State which de
clarrs that every citizen has the right 10
bear arms In defense of himself aud of the
stato"-he had the right 30 carry arms ~ n
citizen of the State; and that the act of the
Legislature under which hc stands convict
ed aud imprisoned. is In violation Of this
article of the liill Of Rights.
Bnt this In all founded on u manifest error
II proceeds ON the assumption. that the
amendment 10 the Constitution of the United
States, Ia Abolishing slavery, made the ne
Rroos, within the United States, citizens Of
the United States or of the several States of
which they were inhabitants, aud invested
them with the general rights Of citizens Of
the States hut there IN nothing in the
amendment that can have such mn effect II
simply declares that Slavery shall not ex-
ist i" aud. In effect, that slaves shall be and
are thereby made free, In tho United States
II Confcrs no such rights aud recognizes ma
such privileges as belong to the citizens 0i
the States That matter was loft, by the
amendment, --wherc 10 was before II was
adopted, with the States, 10 whom M we
shall presently see, II rightiully belonged
This IL clear. not only from the absence OF
all la "a ali la.
an intention "a confer on the freed negroes,
such rights and privileges but from The fact
that Congress almost cOntonporaneonsly
with liz adoption, but subsequently tn IL, 40
regarded IL, and thought II necessary % pass
the act know ms "the Civil Rights BIN" TO
confer such rights on FREQ negroes
IL IL manifest that the amendment intend.
ed alone 10 confer freedom on the negro, act
ing on the view stated by Chancellor Kent
aud entertained by almost all sobcr-mndcd
men In this country, that the African race,
even when free, are essentially degraded
caste, oi inferior rank and condition In 80.
ciety," Kenta Comm. 25S note-that IL was
Sufficient, at that time, 10 perform what It's
authors proclaimed, M n moral duty, by nb.
solving them from slavery, but that their
future social and political status shnuld bc
left 10 the developments of time aud expo
rienee,
The ordinance Of "a. contains the same
provision. In nearly identical words, M this
amendment and, 10y the universal ncceptn-
ton Of the judicial and Legislative auth0ri.
ties Of the Onion aud of the several States,
that ordinance has never been understood 10
confer on negroes, In the States affected by
il, anything more than abHOlution from
slavery, without imparting any positive poll.
tical or social rights whatever; and accord.
ingly, In many Of the Western States em-
bracing territory to which that ordinance
extended, laws have been passed containing
very rigorous determinations as to civil
rights against negroes, turhddmg them to
come 20 reside In those States aud denying
them other civil rights allowed 10 white cit
liens. See kont's Comm. 2hs, note b. by
the statute of Illinois of lS29, marriages be-
tween white persons and negeocs are pro.
hihited and the parties are subject Ia be
fined aud imprisoned In Ohio and
Indiana, negroes were incompetent IA wit
nesses, except where negroes or Indians
wero parties or concerned. In Ohio, oncrous
restrictions were enacted against their inn
"a, OF settling in, the State All
these werr non-slaVehaldiug States.
This ordinance was ~ potential IN those
States, when these enaCtmcnts were passed.
m IL the 18th amendment ut the present
time, in this State; and yet Il was never as
serted that IL had the effect to dcbar those
States of their rghttul power 10 make rules
the rights, relations aud duties of
their inhabitants. according to their own
IDEAS Of State policy, provided the same
Wero not rcpugnaut Ia the Constitution of
The United States. And any onc who would
have denied the right uf those States 10
Iass such laws. or would have claimed for
congress the right 10 interfere with them, |
would. at that time. have been considered |
little less than madman
This acquicsccnce and practice under the |
'rlinance Of - surely tend strongly to
how that the 18th amendment cannot have |
he effect now olaimcd for H.
Hut IL is urged in support of the construc-
ion of the amendment contended for. that |
be Freedom conferred by it would hc nuga- |
Dry. unless attended with the ordinary civil |
ights; aud that such a condition would he
ut another form of slavery which would |
= Incompatible with the amendment and, |
ence, that IL must be intended that such |
lghts were conferred by the amendment
To hold offices to slt on iurcs. 10 eNer. |
isc the right Of suffrage; 10 participate |
a making aud eNpounding the laws which 1
ovcrn society; TO hold property of certain
inds; or under certain restrictions. e. carry
IA particular kinds of business; to contract
laTriagc aud many other things arc all high
nd most valuable rights; aud the rrstIic-
ons upon rights Of married women aud
inors near the age 1T majority. are con
tercd by some. unjust aud oppressive. But
q no one could say that such person was
II freeman. or that lac was virtually slave
cause be was delarrcd OF such rights. CT
sfTicted in the enjoyment Of them. such
sfricfions exist. uiure OF less iu all the