The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1866-04-26
JUDGE Tests Decision on the Case Un-
der the Civil Rights Bill

der the Civil Rights Bill.
Rossxr gB.ornsc.
| ISAAC sAssss.
| This is an action brought in this court
By appeal to recover a balance due for
work and labor which Barnes alleges he
/ performed for Brewing
The defendant, Browning. by way of
answer says, that the plaintiff, though
| born in the United States, is negro
| that he came into the State of Indiana
the 10th day of May, 1888, and that he
therefore has not the authority under the
constitution and laws of the State to
| make and enforce contracts.
To this answer the plaintiff demurrs
which or course admits the facts, but
denies the conclusion that Barnes has no
| right to enforce his contract with Brown
ing. SEE
The defendant insists that the plain
tiff 5 coming into the State, is in viola
| ton of the 18th Article of the Constitu-
ton OF the State Of Indiana, which pro
hibits negroes from coming into the
State, and debars them from all right to
enforce ,contracts, DC,
II
that the 18th Article is void, and should
not prevent him from maintaining his
action to enforce payment for the labor
he performed for the defendant.
r. First The 18th Article is in contra
vention of the letter and spirit of the
Consolation 0 of the United States. Il
Seoond.-It is In direct conflict with
the Constitutional amendment abolish
ing slavery
z Third 1t is void under the 1st sec
ton of the Civil Rights Act, which gives
to all persons born in the United States
full right to make and enforce contracts
''any law, statute, ordinance, regulation,
or custom in the country notwiths.and-
ing" -.r7
The 18th Article Of the Constitution
provides that upon the adoption of that
in November, 1851, no negro
or muIatto shall come into or settle in
the State that all contracts made with
those coming in contrary to such pro
hibitation shall be void; that to employ
or encourage such negro to remain in
the State, shall be punishable by fine;
that all such fines shall be appropriated
to colenization and that the general as
sembly shall pass laws to carry the pro
visions of the Article into effect. II.
5. pagt 67.Is5s1 ia ~ =
Accordingly the General Assembly
passed an act to enforce the 18th article !
IF the Constitution. which provides that
ANY person who shall employ a negro /
n mulatte, who shall come into the !
;tate of Indiana. subsequent to the thir- /
v first day of October, one thousand
light hundred and fifty one, or shall =
come into said state. or who i
hall encourage such negro or mulatto +,
o remain in the State, shall he fined in
my sum not less than ten dollars, nor
more than five hundred dollars. / II. S.
IT'S.
The 23th Article of the Constitution
the policy of excluding ne
yroes from the State, and to remove
hose already among us as speedily as
was separately submitted to
,ote of the people, under, the title of
Exclusion and colonization of negroes"
1t is a matter OF history with what an
majority that article was
approved by the popular voice at the
ime. =
As far back as 1891. free negroes were
from the State by acts OF our
and these acts were declar}
d constitutional by the Supreme Court.
The State vs.. Cooper. 8 Black. 25S,
nd Baptlsts VS.. the State > Black. 2S4. /
n neither of these cases have the Court |
urnishesl US with an argument in sup I
,ort OF their opinion, but seems to have /
ontented themselves with barely /
the acts constitutional with |
nut assigning any reason tor their judg- I
nent in the premises. IL IS very obvi- |
us, however, rs a mere police regula- |
ion to prevent vasrants or paupers from !
oming into the State. the Legislature
night interpose TO prohibit their in I
ress within our borders, or even pro +
ide for their removal when they |
anne in the STATE and should remain af- /
er such prohibitation- That this was
he basis of their opinion, is the more
lear from the fact that the statute pro-
ihiting negroes from settling in the |
nd security for their good behavior. and
bat they would not become a public |
barge A failure to comply with such
eauirements authorized the overseers
f the poor to hire out such negro for
he best price in cash for six months, /
aying the avails of such hiring into the
ountry treasury. or at their option to /
emove such negro or mulatto without +
he jurisdiction of the State
While the dangerous doctrine of State /
overeignty, or State Supremacy has
cen most signally overthrown by the
riumph Of the Federal Government
yer the advocates of this absurd
heory; vet the States have rights
'h:ch the National Government cannot
,nstitutionally invade These rights
build be steadily adhered to if we
Iuld preserve the liberty of the Ameri
citizen. subject only to the opinions
ajadgmento of the Federal courts of
ltiUnion; and while discarding the
oas dogma of State supremacy, We
sn1 not run into the opposite extreme
ane-get that the State has rights as
weiathe National Government, In
iace1t each has their legitimate orb
~ "h to revolve- Among these un
oouo1e.i ghts is that of protecting our
.eives IN the ingress OF vagrants and
psupers-W hatever may be the power