The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1866-03-30

afford discriminating protection 10 coloreu per.
sons in the full enjoyment of all the rights secured
to them by the preceding section II declares
that any person, who, under color of any law,
statute, ordinance. regulation ar custom, shall
subject or cause tn be subjected any iuhabitant o
any State or Territory Ia the deprivation OF any
right secured or protected by this act, or To diff
terent punishment, pains or penalties, on account
Of such person having ut any time been held in
condition OF slavery or involuntary seryitude, ex
ccpt ne punishment of crimes whereof the party
shall have been duly convicted. or by reason Of
his color ar lace, than is prescribed for the pun
ishmcnt of white persons, shall be deemed guilty
of q misemclnor, AMI on conviction shall be
punished by fine not exceeding $1,000. or impris-
onmcnt not exccclins one year, or both IN the
discretion Of The Court.
This section seems Ia hc designed 10 apply to
some existing future law uf State or Territory,
which may conflict with the provisions of the hill
now under consideration. II proyrles fur conn-
acting such forbidden legislation by imposing fine
and Imprisonment upon the legislators who may
pass such conflicting laws. or upon the officers
and agents who shall put or attempt to put them
into execution. IL means m official oitcnsc, not
acommon crime committed against the law, upon
the person or property Of the black race. Such
an act may deprive the black man Of his proper.
Is, but not of his right to hold property. IL
means deprivation Ut the right itself, either by
the State judiciary or the State Legislature. IL
is therefore assumed that under this section mem
bers of State Legislature who should vote Tor
laws conflicting with the provisions of the bill;
that Judges Of the State Courts who should rem.
der judgments in antsgonism with its terms; and
that marshals and shcriifs who should execute
processes sanctioned by State laws, and issued by
State Judges, in execution Of their judgments,
could be brought before other tribunals and there
subjected to fine and imprisonment for the per
fornlancc Of the duties which such State laws
,,,,ht In 1att,. nrnn N.
wales the judicial power Of the State.
lido not apprchcnl that the conflicting legisla'
ton, which the bill seems to contemplate, IN 81
likely 10 occur as To render it necessary Mt thi.
time to adopt q measure of such doubtful consti-
tutiUnality. In the next place this provision 81
the bill seems to be unnecessary ~ adequate judi
cial remedies could be adopted to secure the ,lcsir
ell end, without invading the immunities Of lcgis
lators-always important to he saving the inde'
dcdendencc of the iuliciary--always essential II
the preservation of individual rights-and with.
out imparlng the efficiency Of officers always ne
cessary for the maintenance of the public peace
an,l order.
The remedy proposed by this section seems to
he ia this respect not only anomalous, but uncon
stituional, for the Constitution guarantees moth
ing with certainty IL IT does not ensure Ia the 40
vcral States the right of making index ruling law
in regard Ia all matters arising within their juris
lictiOn, subject only To the restriction IN cases al
conflict with the Constitution AMI constitutional
laws Of the United States, the latter 10 be held M
The s,,nrcmc law vt The land
,rl,o ,L;,I soc,;,n ,,;ycs tho Districts Cnurts o
uha Jrn;,o, States cvc,nsiyc cncniz,ncc nt al
crimes AMI Offences committed against tho provi'
sions Of this ac., and consurrent jurisdiction will
the Circuit Courts Of the Unitc'l States ofall civil
and criminal eases affecting persons, who are lie.
ni.,l or cannot enforce in the courts on judicial
tribunals of tho State or locality, where there MAY
Lc ony or ,Lc rirh,s sccurql Ia them liz The frs,
.c,,inn
TLo o,,s,,u,,i,, ,v,,ich Loyn oivon a., tho O.,
,aI so,,; +; ,r,,,,,,ho,.I lao ,hiv ,I,;rJ ,n,,i,,
C,r !, ,,,,r,s i.,r wh,t tini Hf Jcni,I nr ,Icnr;
-; ~ ri,,,,,s socnrcl Iv ,hc Grst soc,on wa.
n"'"',, ", ,'I";o ,''tS ion;ai nv isnr;~,,inn
u, a. ,,,r, nm l.; i;,iai ,,ihnnaI'
W suOu ~ ,"o ,Io,oc ,So IT, 80 J',,,,,
~ Wv 49,, r,.o,'I ,,a ,'on,i,;,, m.,,;loJ las
.na' wy on.r,Vv w" ''s p,h. g., ,I,,, -,
,nu seo',o" "''' ,i'e'n W t, go W."
VI 'nc G'.a, yAIr,G ;,Io;'II,, LII y,
no "o''',S IL - ,."I In" I IL -
cruz co',,nS !" .' 49," NV, ~ o'"e' , 10
nuvi aS'sU '.oa,'s ST., =" FL
Nonlns "u1''no. ~" i r. i ~; ', -
ia, raw I ras";,;i;,, =, c;So ~, nU"r,,1, ,,e
;'; nv 49,, H. ,,vn cnsS -, ,o cnnclmsnn
.,a'', oVu"v." w. III ,,a -, i, !;
nns nv Sa, rIi,v bo ,I,ta,"s y, liz ,vn
,Nal'u, Nv ,''u,s w. ~ a ", ;,ion,
JUN nI'' ~ ~. pn.,, w." ~ az "r,",o,,
nv =; ", - 81 Iii;,
y, .ne ou,' Nv c, .,"S In ~ oYoI'si,
Dcp''.ch' W 'uo 1919 Wv .
duty "i Ju'lciai uec,slnn, anu converts 'ne S'a'c
Juigc lnlo mere inln's'n,'l "'I,Str' no""'i ~
"eoI'. no.i',",nS :" i';o ha' ~ rs ,rh,so
c!',I '"it ~ "'aIH WY" n0u' w Ia,
flsh'S "c SVo"''" ny .''o ntS' o.S.'Em " wy w,
nt! olo y. ,,osn r,S' W. o'",',.;s SUI ~,
Chses a'eC''nS 'hc'' VIZ, 70 '"o W w
thirl section, come u.'er 'ne EXECUTIVE cos"''
zhce q, 'hc rcucin' ''i"u ,,,.,,, ,,. .
u ionoWs 'na' u any S'a W mno' ue,S w
colorci person an. o.c U. ~, 'neSu '.Enrs, s'at
person shoull cohl'n'' u crlnc ns'nN' '.c Avs W
Statc-ihur'er' nr,on' rnl'e OF a"! olher cr,lnc
-al' rru'vu''vu nv, Punsm".n' "'"'in WV
courts D, ,nG olt,c nIv ''Hrn n"nS, WV, ne o.''
Wh9 We ,'Ie' a"' l"'In.' ~ ,"v .ou' 20
How Is Tue or,,,,"aa ~ w. ucI .ny "mV"' w. -
prOV'ue' '"r sn" iun's"e' 'u ,,aa, III" NAV
law anu not tue sla'c Nv" u W SoNcIn', rs on
" Wheh Tue onence noes not napIch W oc WITHIN
the pur'ew oi inc teuerai INV 'h'l 'he fcuetai
Courts are 10 trS ah', PUNISH nun unuer any oIher
law. Then resort Is to he hal 10 tue common law
rs modified by the state LEGISLATURE 50 lar rs the
same Is not inconsistent WIN the constitution anu
laws Of the United states 30 that over the vast
domain ot criminal Jurisprudence provided Ivy
each state Tor the protection Oi It's own ctizens
and Tor the punishment OF all persons VINO violate
its criminal laws, Federal law, wherever II can be
made to apply, displaces State law.
The question here naturally arises, from what
source Congress derives the power tn transfer
to the Federal tribunals certain classes OF cases
embraced in tins section! The constitution ex
hrcssly declares tmhl tne J"',cla' powerol INC
United STATES shai, eh'ehu w All cases III law anu
equity arising unIer th's CONSTITUTION, anu the
laws OF inc unltcu states anu treaties mnue, OF
which shall be made, under their authority; 10 All
cases affecting Ambassadors and other public
Ministers and Consuls; to all cases ot Admiralty
AMI Maritime jurisdiction; To controversies To
which the United States shall he . party; to con-
troyersies between TWO or more states, between
State anu citizens OF another state; between cru
zens ~ different STATES; between ctizens OF inc
same State claiming ianh under grants OF diier-
ent state, or 'he citizcns thcreoi anu foreign
States, citizens or subjects Here the judicial