The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1866-03-29

ton. and % inquire whe,,er, oGrs h..
abrogs,s all state laws OF aIs0. .... &c 20, ~.
~ of anti. ard al copsfacts generally, con-
-. 80 a., rereAl the state Lawn as %
~ c.nt-.ot of aaarriage between the races.
u;,hs.so every subject embraced In the emu
-.r.sion of rights contained in the bill has
oeep considered exclusively belonging 70 ene
etatss. They all relate to she lnserpai pohcy |
and economy of respective states IneJ are
matters which, in each stats, concern inc 90
msstic condition of the people, varying In
..ch according to its own peculiar circum
sssnces. and the safety and wsli-being Of its
own citizens.
do not mean to say that upon all these
suhiects there are not federal restrainte-as,
for instance, in the state power Oh iegisiasion
over contrae.s there Is \ federal Limitation
.h.t M ssste shall pass law impairipg the
ohlioation of contracts; and as to crimes, that
no state shall pass an e1 post Jdcto law and
as to money, that no state snail make any
thing but gold and silver legal tender
But where can we find federal prohibition
| against the power OF any state 10 discfimin-
ate. as do most OF them, between aliens and
ci,ixsns. betv cen artificial persons, called
cor porations, and natural persons, in the
right TO hold real estate? If it be granted
| that congress can repeal all state laws dis
| crimiuaLIpg between whites and blacks on
ths Subjects governed by this bill, why, it
NAV be asked, may not congress repeal, In
tbe same way. all state laws discriminating
| hetween the two races on the subject of suit
frape aud Office? If congress can declare by
law who shall hold lands, who shall testify,
who shall have capacity to make contract
| in a state, then congress can also by law de-
4 I'd Tn
shall have the right TO sit as aJuror or as
Judge. to bold any efhce, and finally to vote
in any state or territory of the United States.
As respects the territories. they come within
the mower of congress, for as to them the
llaw.making power is the federal power but
as to the states, NO provisions exist vesting In
congress the power to make rules and regu-
lstions for them.
The object of the second section of the bill
is to afford discriminating protection to color
ed persons in the full enjoyment of all the
rights secured to them by the preceding Sec
tion. 1t declares that any person who, under
color of any law, statute, ordinance. reguia
ton. or custom, shall subjecs or cause to be
subjected any inhsbitant of any state or ter
ritory to the deprivation of any right secured
or protected by this act. or to different pun
ishment, pains, or penalties, on account OF
such person having at any time been held In
a condition of slavery or involuntary seryl
tude, except as a punishment for crime where
Of the party shall have been duly convicted,
or by reason of color or race, than is pre-
scribed for the punishment Of white persons,
shall be deemed guilty of misdemeanor,
and on conviction shall be punished by q fine
not exceeding one Thousand dollars, or im.
prisonment not exceeding one year, or both,
in the discretion Of the court.
This section seems TO be designed TO apply
to some existing or future law of state or
territory which may conflict with the provis
ions of the bill now under consideration. Ii
provides for counteracting such forbidden
legislation, by imposing fine and imprison-
ment upon the legislator who may pass such
conflicting laws,o upon the officers or agents
who shall put or attempt to put them into
execution. Ii means an ofhcial ofsnce-noi
a common crime, committed against the Law
upon the preson or property of toe black man
Such an act may deprive the black man oil
his property but not of bis right TO hold prop
erty. 1t means a deprivation of the right
itself. either by the state Judiciary or tine
state legislature. i. lie, therefore, assumed
that under this section members of a state
legislature who should vote for laws conflict
! ing With the provisions of the bill, that judges
of the state courts who should render judge
ment in aptagonism with Its terms, and that
; marshnis and shsrlfis who should, "a ministe
ria. of6cers, execute processes sanctioned By
: state laws and issued by state judges In exc
cution of their judgements. could be brought
before other tribunals and there subjected to
J fine and Imprisonment for the performance o!
: the duties which such state laws ight i'm :
pose.
The legislation thus proposed invades the
judicial power Of the state. 1t says to ever y
state court or judge, IF you decide that this
act is unconstitutional if yen refuse. under
the prohibition of q state law, to allow ne
! gro to testify if you hold that over such a
, subjsct matter the state law is paramount,
and under color of a state Law refuse the sx.
ereise of the right to the negro, your error Of
iudgement, however conscientious, shall sub
ject you TO find and Imprisonment" | do
not spprehend that the conflicting legislation
: which the bill seems to contemplate, is 50
likely to occur as 20 render 1t necessary, al
this time, to adopt measure of such dGu bt
fui eonstitutioDality.
In the next place, this provision of The bill
: seems 10 be unnecessary, as adequte judicia
: remedies could be adopted to secure the de
. sired end, without invading the immun,tiss o
= legislators, always important TO be preserved
in the interest Of public liberty without 80
r sailing the independence of the judiciary, al
u ways essential to the servation of individ
Q ual rights; and without impairing the effc
iency CT ministerial officers, always necessar,
. for the maintenance of public peace and or
] der.
The remedy proposed by this section SEEM
to be in this respect not only anomalous, bu
: unconstitutional. The constitution guarau
!; tees nothing with certainty if it does not In
sure the several states this right to make law
0 in regard TO all matters arising within thsi
Jurisdiction, subject only to their recon struct
ion in cases of conflict with the constitution
}. and constitutional laws of the United States
: the latter to be held as the supreme law o.
q the land.