New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-05-10
goeaI cgntetltgence.

III
This is o rule upon the attorney general of ihe |
State, and the district attorney Of the PARISH to
show cause why this case sh0uldn0t be Transferred
to the district court Of the United States, for he
eastern district OF Louisiana there to be tried AID
determined. There are eleven Chargesot burglary |
against these prisoners, and as they involve tie |
same consideration, they may well be decided 1t |
once under the present rule. r.. |
This application rests upon the construction b |
be given TO an act, purpOrtug to be an act OF Con
gress, approved the - day OF -, 1866, entitled !
an act to protect all persons in the United States
in their civil rights, and to furnish means for their
yindtCatlon
This rule involves grave considerations: lst, isl
there such an act Of Congress I'd, II there is, is
it constitutional and Sd, il there be such an act,
and it constitutional, have these parties brought
themselves within its provisions.
| The act relied upon, not having received the
signature Of the President, rests for its validity
upon the second clause of section 7th, lst article,
of the Constitution of the United States which
declares that every bill which shall have passed
the House of Representatives. and the Senate, SHALL
| before it becomes law, be presented to the
President Of the United States if he approve, he
| shall sign it, if not, he shall return it with
bis objections TO the House IN which It shall nave
| originated, who shall enter the objections at large
ON their journal, and proceed to reconsider it. II
after such considerations two-thirds Of the House
shall agree to pass the bill, it shall be sent, to-
geher with the objections, to the other House, by
which it shall likewise be reconsidered, and ii ap-
proved by two.thrds of the House it shall become
a law" -
The first clause of section three article first Of
the Constitution, clearly defines what constitutes
the Senate of the United States, in these words
"The Senate of the United States shall be composed
Of two Senators from each State, chosen by the
legislature thereof, for six years, and each Sena
tor shall have VOTE" The term Senate, as useC
in this section is convertible and synonymous al
used in the Constitution, with that of House,
used in section seven, and means the entire body
in contradistinctiont " members present. as VII
clearly appear from the fifth clause OF sector
three, which declares that The Senate shall haVt
the sole power to try all mpeaChments; Whel
sitting for that purpose, they shall be on oath o.
affirmation. When the President of the Unitet
States is trial. the chief justice shall preside, AM
no person shall be convicted without the concur
renee of wothirds Of the members present." Ii
this case two-thirds of the members may remove
The same power could have been granted to two
thirds of the members present to make law, owe
the veto of the President The laW-maklng poWerl
high and transcendant,n and it is not of reaso
that the trainers of the Constitution intended
vest such power in " two-thirds of the member
it present. which may be less than majority {
the Senate, as in the present case such a cor
y structon would shock republican people, an
e impeach the wisdom Of the founders of the goN
ernment.
If my premises and conclusions be correct, tn
~ civil rights bill never became law. II | am IL
correct, is the law constitutional? This depend
upon the powers conferred upon Congress by th
several States to regulate their internal and d
mestic affairs. If Congress has exceeded tines
powers, the law is unconstitutional, and not bin
ing upon the courts of the country. The State
at the time of confederating, were indepeudel
sogereignties. They surrendered portion
their sovereignty to the Federal government. II
rights surrendered are defined and fixed
charter (the Constitution) and fhe remainder a
reserved in the States and the people.
The founders of the government, jealous of G
croaChments either by construction, usurpatit
by the Federal government, or control of tactic
at the first session, first Congress, (mareh, l7S9
proposed two amendments on this subject matte
which were ratified by the States. The ninth al
tenth articles of the amendments referred to RET
as follows: Article 8. The enumeration in Il
Constitution of certain rights shall not co
strue to deny or ,dispar9geo 9th, others
tanned by the people" Article 10. The powe
not delegated to the United States by the Consht
ton, nor prohibited by it to the States, are
served to the States respectively or to the pc
ple." The Constitution of the United States a
the laws Of Congress made in pursuance thereof
the law of the land, and binding on all the cou
of the States, but in order to be binding, COngrC
~ must be restricted to its delegated powers. Z
~' right to try and punish the inhabitants of the
dividual States, of whatever race or col
for offenses committed by one inhabitant Of
MT State against another and to preserve the gene
M police and good order of the State, was never de
gated to Congress- and is Of the reserved powt
Ve- enumerated in amendment ten of the CONSTITUTE
which repeat:
- "The powers not delegated to the United Sta
by the Constitution, nor prohibited by it to
States, are reserved to the States respectively
ioa , to the people,"
m ION The Federal Constitution, and the laws made
~ pursuance thereof, is the paramount law,
'AA while the Federal government moves in its 0
- sphere, is not only paramount but, like to the
~ in the firmament,is is the center of power and atr
tion to the family of States. they, toe, in til
T spheres, are as independent as the stars are of
s'i sun from which they borrow their brightness.
Unrepresentad Louisiana, patient in suffering
'on devoted to the Constitution and laws, but
never consent to lay her sovereignty at the fee
+, Federal encroachments, party violence, or tacti
usurpati0n
The !" civil rights bill" has been passed u
by great constitutional lawyer, statesman
patriot, Andrew johnson. He speaks like
10 Fathers he decided it unconstitutional, and vet
it, as President Of the United States. | am of
same mind, and believe it to be Rnconsttution,
rot binding on this court.
g a in reviewing the &" civil rights hiH' have
isb, charged what believe to be my duty to the ST
cum by Withholding the judicial sanction of this &C
htch to bill that appears to aim at the striking dc
par the independence OF the States to sap the t0ur
on ton of republican government, override the Il
aud OF the State and to obterate every trace of il
they perdence of State Judiciary by disgraceful ser
ends.
west The transfer is claimed by Devices, white n
,om. under the 9th section Of an act approved 81
at Of March 1868, Which authorizes and requires
transfer of causes civil and criminal, where
M. trespass, act or ofenBe was done by Authority
i 7. the United States civil or military. To autho
,.nF this court to transfer these cases. OF the Un
gol, States to take cognizance of them, the priso
or must bring himself within the provisions OF the
oac by showing that the burglaries charged in the
VA diotments against him, were done by autho
Io Of the government This he has failed to do.
to y The other prisoners, both negroes, claim tn
fer, under an act of Congress known as the
boon rights bill. The first section declares that,
m nf persons born in the United States and not SUB
to any foreign power, excluding Indians not taj
and are hereby declared citizens of the United Sta
and such citizens, of every race and color, witt
regard to any previous condition OF slavery, OF
voluntary serVitude, except for punishment
. crime, whereof the party has been duly convic
TO- shall have the same right in every State and t.
tory to make and enforce contracts, to sue anc
sued, be parties and give evidence, to inherit,
.ey@ chase, lease, sell hold and convey, real and
sonal property; and to he entitled to full
equal benefit of all laws and proceedings for
anee security OF person and property as is enjoyed
white citizens, and shall be subject to like puI
ment, pains and penalties, and to none OF
any law, statate or ordinance, regulation or
,sop tom, to the contrary notwithstanding. 7
Grin prisoners enjoy under the laws Of this State
the practice of this court, every right and priv
- that any white man in the government of
United States could or wuuld have and are
ject to no other penalty. What more did
1rnl trainers Of the bill demand?
d BY Admitting, for the purposes Of this
loul that the civil rights bill is a law, il i.
viii no manner violated and this court is wit
Il power to transfer, OF the United States &c
1f AtHs g Dot tl