The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1866-03-28
From the National Intelligencer, March 81.
The "Ciyn Rights Bill.

This is a bill to abolish the states of the
Union. To effect such an object, but two con-
ditions are requisite: Il That doubtful fed
srai powers should be used, and (2) that the
statute should be efficiently executed. If this
is SO, it is u MEASURE tainted with treason, and
one contriyed by men who, having been dele
gated by their constituents to perform the
functions of constitutional government, are
willing to betray the people into a disastrous
and utterly groundiess revolution. There is
evidence outside of this bill and of either bill,
of the revolutionary animas OF the series OF
exhor bitant measures of which this is ONE
But we will suggest only-in a hurried re-
visw-what is apparent from the sense Of the
bill itself.
|. 1t abolishes all state judicature. This
is so because it is made a high misdemsanor
for any person to deprive any native inhabi
tant of any right secured by this act. If
such a wrong were done contrary TO the state
courts, they would punish, and this act is not
necessary. If done through the courts, thsn
it is the courts or the persons implicated in
the proceeding that will have committed the
offenss. But where judges, officers of a court,
| attorneys, ETC., are liable to personal punish
| ment tor using, or even mistaking their pow
ers. they cannot be said to have any. But,
moreover, all offences under, and causes sf-
fecting persons protected by this act, are cog
nizable exclusively by federal courts. The
| act covers almost every civil transaction of
society, not to say social. moral. and political
| relations There cannot therefore be any
| assignable limit to Offences to this act" AS
it applies TO all native Am orleans without ex-
| ception, save Indians not taxed, there is no
person but has a right to invoke it, nor any
class of cases in which it mi ght not, by t .
constructions of the forum, be pleaded. But
| whenever it is put in issue. the exclusive fed
eral Jurisdiction supervenes, and 1t becom :
a misdemeanor to prosecute the suit els
| where than in federal court. In this way
almost any suit about any thing is liable to be
arbitrarily suppressed by the mere plea OF q
defendant, that mis- adversary is infraotipg
this statute. But TO conclude this point
The most cursory view of the statute shows
shat it strips the state courts OF all lndepeDd-
ence within their own sphere, and If congress
can in this thing do go, it must be because ii
can in any one thing, and If in any thing.
then in all things. The state courts as such
would thus he abolished, fer though they
might continue to act, they would be virtual
" federal courts, because enjoying no powers
hut what had been conceded them by the fed.
eral government.
2. II establishes negro superiority. L
from any cause the necessary police ssrsgula
ton of state, in it's purely local and domes
tic concerns, should operate to recognize q
distinction OF color or race, however indirect
ly this law may be invoked successfully TO re
sist it with the army and navy Of the United
States. But even that is not the end Of it,
Il would be an ofense to recognize in state
law, or even Ia contract, a distinction ofcolo
, or race ''uuder COLOR of any custom" This
is, we believe, an unprecedented provision
IL carries federal interference into privacie
into which the most local and domestic law
t. ~ d.,I I,
, happen, that bargains are made between
whites and colored men which are indispens
able to the wellbeing of the latter, yet which
would be uuintelligible without recourse +
, the custom of distinguishing on account O
race or color-an observance OF which
, made penal by this statute. The very cur
toms Of community are to be made crimina
and amenable to an authority foreign to thei
locality. All the dealings of man with r-Hl
, in society depend for their Interpretation up
! on local custom. Yet by this extraordinar
provision the customs of communities tn
very canvass on which the picture of socis
order is painted-are to be perverted int
agents of strife, heart burning, and mischief
"Customs are stronger than laws" is a pr,
a verb winch we might recall with . shudde
if we conceive such law in actual and eff
cient operation. Let US consider how thi
> provision would operate. For example. at
t public sale of pews in q church. a negro or
i Chinaman born in this country might offe
q the highest bid. The custom of the ohurc
\ might be against selling TO one of either rae
or color, and if the bidder should bring .
y action in the state court. there is no dou BIT b
: would fail TO establish o right to the pew
a But here lie right withheld on account {
A race or color. The Judge who heard. th
jury who decided. the lawyers who sdvocs
cd, the church society, and all who contr
). buted in any thIng to the deprivation of II
" right, would be obnoxious to the penalti,
!. prescribed in this statute. But the self-san
offense sgainst white bidder. 1. g.. wron
decision by the court against him, would civ
him no remedy against the court. much lie,
Ii against anybody else. In an aristocrati