Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1866-04-05

VINO Shall testify, who shall have capacity
to make contract in a State, then Congress
can also by law declare who, without regard
to race or color, shall have the right to sit
as juror or as judge, to hold an Office,
and finally to vote in any State or Territory
of the United States. AS respects the Terri
tories, they come within the power of Con-
gregs, for as to them the law-making power
I is the Federal power; but as to the States,
no provisions exist vesting in Congress the
power to make rules and regulations for
them.
The object Of the second section of the
bill is to afford discriminating protection to
colored persons in the full enjoyment Of all
the rights secured to them by the proceed
ing section. 1t declares that any person
who, under color of any law, statute, ordi-
nance, regulation, or custom, shall subject,
or cause to be subjected any inhabitant of
any State or Territory to the deprivation Of
any right secured or protected by this act,
or to different punishment, pains, or penal
ties, on account Of such person ha7ing at
any time been held ia condition of slavery
or Involuntary servitude, except as a pun
ishment for crime whereof the party shall
have been duly convicted, or by reason Of
color or race, thanI is prescribed foc the
punishment of whites persons, shall be
deemed guilty Of misdemeanor, and on
conviction shall be punished by a fine not
exceeding one thousand dollars, or imprison-
ment not exceeding one year, or both, in
the discretion Of the court This section
seems to be designed to apply to some exist
ing or future law Of o State Or Territory
which may conflict with the provisions Of
the bill row under consideration. It pro-
vides for counteracting such forbidden leg
islation, by imposing fine and Imprisonment
upon the legislator who may pass such con-
icting laws, or upon the officers or agents
who shall put or attempt to put them into
execution. 1t means an official offence
not common crime, committed against law
upon the person or property Of the black
man. Such an act may deprive the black
man Of his property, but not of his right to
| hold property. 1t is, therefore, assumed
that under this section, members of a State
Legislature who should vote for laws con-
flicting with the provisions of the bill, that
Judges Of the State courts who should render
judgments in antagonism with its terms,
and that marshals and sheriffs who should,
as ministerial officers, 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 imprison-
ment for the performance Of the duties
which such State laws might impose. The
legislation thus proposed invades the judi
cial power Of the State. 1t says to every
State Court or Judge, elf you decide tht t
this act is unconstitutional if you refuse,
under the. prohibition Of a State law, to
allow negro to testify; if you hold that
over such subject matter the State law is
paramount, and under color of State law
refuse the exercise Of the right to the negro,
your error of judgment, however conseien-
tious,. shall subject you to fine and imprison-
ment." I do not apprehend that the con-
ficting legislation, which the bill seems to
contemplate, is so likely to occur as to
render it necessary, at this time, to adopt a
measure of such doubtful constitutionality.
In the next place, this provision of the
bill seems to be unnecessary, as adequate
Judicial remedies could be adopted to secure
the desired end, without invading the i'm
munities of legislators always important to
be preserved in the interest Of public liber-
ty; without assailipg the independence Of
the judiciary, always essential to the pre-
servation of individual rights and without
impairing the efficiency Of ministerial Off
GERS, always necessary for the maintenance
of public peace and order. The remedy
proposed by this section seems to be in this
respect not only anomalous, but unconstitu-
tional. The Constitution guarantees moth
ing with certainty if it does not insure to
the several States the right of making laws
in regard to all matters arising within their
jurisdiction, subject only TO their recon
struction in cases of conflict with the Con-
stitution and constitutional laws of the
United States, the latter to be held as the
! supreme law of the land.
The third section gives the District Courts
of the United States exclusive cognizance of
all crimes and offences committed against
| the provisions of this act, and concurrent
jurisdiction with the Circuit Courts Of the
United States of all civil and criminal cases
affecting persons who are denied or cannot
enforce. in the courts or judicial tribunals
of the State or locality where they may be,
any of the rights secured to them by the
| first section. The construction which
| have given to the second section, for it
makes clear what kind of denial or depriva-
ton of rights secured by the first section
was in contemplation. 1t is denial or de-
privation of such rights in the courts or iu-
l.
therefore, clear of doubt that the offence
and the penalties provided in the second
section are intended for the State Judge,
who, in the clear exercise of his functions
as Judge, not acting ministerially but jul
dicially, shall decide contrary to this Fed
eral law. In other words, when a State
Judge, acting upon a question involving a
conflict between y State law and Federal
law, and bound, according to his own judg-
ment and responsibility, to give an i'm
partial decision between the two, comes to
the conclusion that the State law is valid
and the Federal law is invalid, he must not
follow the dictates of his own Judgment at
the peril of fine and Imprisonment The le-
gislative department of the Government OF
! the United States thus takes from the Judi
cial department Of the States the sacred and
| exclusive duty of judicial decision, and
converts the State judge into a mere min
isterial officer, bound TO decide according
to the will Of Congress. II is clear that in
States which deny to persons whose rights
are secured by the first section of the bill
any one of those rights, all criminal and
civil cases affecting them will, by the provi-
sions of the third section, come under the
exclusive cognzanee of the Federal tribun-
ais. 1t follows that if, in any State which
denies to colored person any one of those
rights, that person should commit crime
against the laws of the State-murder. OF
any other crime-all protection and pun
ishment through the Courts of the State are
taken away, and he can only be tried and
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