The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1866-05-16
The Civil Rights Bill---Judge
Abel, Of New Orleans, renders an
important decision on it.

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important decision on it.
State of Louisiana VS.. E. Devices, P. Mel
son, ct. al. First District Court Charge,
Burglary"
This is . rule upon the attorney general
of the State, and the district attorney of
the parish, to show cause why this case
should not be transferred to the district
court of the United States, for the eastern
district of Louisiana, there to be tried and
determined. There are eleven charges of
burglary against these prisoners, and as
they involve the same consideration, they
may well be decided at once under the
present rule.
This application rests upon the construc-
ton to be given to an act, purporting to be
an act of Congress, 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 vim
dicatiOn.
This rule involves grave considerations ::
| LIST, is there such an act Of Congress; I'd, if
there is, is it constitutional; and Sd, if
there be such an act. and it constitutional,
within it's provisions.
The act relied upon, not having received
the signature of the President, rests for its
validity upon the second clause of section
7th, LIST 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, be-
fore it becomes law, be presented to the
President of the United States if he ap-
prove, he shall sign it, if not, he shall re-
turn it with his objections to the House in
which it shall have originated, who shall
enter the objections at large on their joul
nal, and proceed to reconsider it. If after
such considerations, two-thirds of the
House shall agree to pass the bill, it shall
be sent, together with the objections, to
the other House, by which itshall likewise
be reconsidered, and if approved by two
thirds of the House it shall become 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
Senator shall have vote" The term SEN
ate, as used in this section is convertible
and synonymous as used in the Constitu-
ton, with that Of House," used in section
seven, and means the entire body, in con-
tradictiOn to members present." as will
clearly appear from the fifth clause of sec.
ton three, which declares that " The Sen.
ate shall have the sole power to try all inn
peachments; when sitting for that purpose,
they shall be on oath or affirmation. When
the President of the United States is on
trial, the chief justice shall preside, and no
person shall be convicted without the con-
currence Of two-thirds of the members pres
ent." In this case two-thirds Of the mem
bers may remove. The same power could
have been granted to two-thirds of the
member present to make law, over the
veto of the President. The law-making
power is high and transcendant," and it is
not of reason that the trainers of the Con-
stitution intended to vest such power in
two-thirds ofthe members present. which
may be less than majority Of the Senate,
as in the present case Such construction
would shock republican people, and inn
peach the wisdom of the founders of the
government.
Ifmy premises and conclusions be correct,
the civil rights bill never became law.
| If am incorrect, is the law constitutional!
This depends upon the powers conferred
upon Congress by the several States to reg
ulate their internal and domestic affairs.
Ii Congress has exceeded these powers, the
law is unconstitutional, and not binding
upon the courts of the country. TheStates,
| OF fba TINA Of oonfod xvor.o linda.
pendent sovereignties. They surrendered
a portion Of their sovereignty to the Fede-
raj government. The rights surrendered
are defined and fixed by charter (the Con-
stitution,) and tho remainder are reserved
in the States and the people.
! The founders Of the government, jealous
of encroachments either by construction,
usurpation by the Federal government. or
control Of faction, at. the first session, first
Congress, (March, 1882 proposed two
amendments on this subject matter, which
were ratified by the States. The ninth and
tenth articles Of the amendments referred
to read as follows: "Article9. The enumer.
alton in the Constitution Of certain rights
shall not construe to deny or disparage
others retained by the people," Article
10. The powers not delegated to the Uni.
ted States by the Constitution, nor prohib.
tied by it to the States, are reserved to the
States respectively or to the people" The
Constitution of the United States and the
laws of Congress made in pursuance there.
of is the law Of the land, and binding OH
all the courts of the States, but in order to
be binding, Congress must be restricted to
it's delegated powers. The right to try and
punish the inhabitants Of the individual
States, Of whatever race or color, for often.
ces committed by one inhabitant of State
against another, and to preserve the gene
raj police and good order of the State, was
never delegated to Congress, and is Of the
reserved powers enumerated in amendment
ten Of the Constitution, which l repeat:
The powers not delegated to the Uni
ted States by the Constitution, nor prohib
tied by it to the States, are reserved te
the States respectively or to the people"
The Federal Constitution, and the laws
made in pursuance thereof, is the paramount
law, and while the Federal government
moves in its own sphere, is not only para
mount, but, like to the sun in the frma
ment, is the center of power and attraction
to the family Of States. They, too, in theil
spheres are as independent as thestars arr
Of the sun from which they borrow theil
brightness.
! Unrepresented Louisiana patient in suf
fering, is devoted to the Constitution ant
laws, but will never consent to lay her SOW
ereignty at the feet of Federal encroach
ments, party violence, or factious usurpa
ton.
The :" civil rights bill has been passed
upon by great constitutional lawyer
statesman and patriot, Andrew johnson
He speaks like the fathers; he decided i
unconstitutional, and vetoed it, as Presi
oc 1T,>:l - I,