The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-04-11
WEDNESDAY. APRIL II. lisa
The Civil Rights Act.

The Civil Rights Act.
The House Of Representatives ON
Monday last, passed the Civil Rights
Bill by two-thirds majority, and il is
now the law Of the land We presume
the earliest opportunity to get the
judgment Of the Supreme Court on its
constitutionality will be taken. The
leading anti-slsvery men of the country
pronounced the Fugitive Slave Law of
1850, unconstitutional, although there
was in the Constitution provision ex-
pressly warranting it. Mr.. Trumbull,
one of those leaders, and the reputed
parent of the Civil Rights Act in his
speeches in the Senate, admitted that
it bore a very striking resemblance to
the Fugitive Slave law but Mr.. Trun-
bull does not pride himself upon bis
consistency. He sustained the mess
ure because it was in the power of Con
gress to pass it, and might benefit
the Radicals. But, it may be that
Chief Justice Chase, when the question
of its constitutionAlity is brought be-
fore him, will be more conscientious.
He may not turn his back upon the
past How far he is committed against
such legislation, we can learn from the
following facts furnished by the Gin
natl Commercial: In the Senate on
the 23d of February, 1856, occurred a
debate lasting twelve consecutive hours
on the execution Of United State laws
The bill before the Senate provided for
the protection of officers and other
persons acting under the authority of
the United States" 1t was enacted
that if suit be made or pending in
any United States Court, against any
officer Of the United States or other
person, for or on account of any act
done under any law Of the United
States, or under color thereof, the suit
should be transferred from a State to q
United States Court Mr.. Toucey, the
autho- Of the bill, said he thought it
was presented in a such q form THAT
no one who acknowledged that the Gov
eminent has judicial power, and that
it is its duty TO protect those acting I'M
DER lie laws, could take any valid OBJ
lection TO it, The exact object of this
bill was TO make imperative the per
sonal liberty bills then passed in some
Of the Northern States, and TO make
the Fugitive Slave Law more effective
and yet it dealt, it must be confessed,
with the State courts in less summary
manner than the Civil Rights Bill
deals with State officers who may VIC
late its provisions However, Mr. Chase
opposed it at once, and we shall show
upon what grounds. Appendix to
Cong Globe, Vol XXI, % Sess, 33d
Cong. page 2lll:
o,Mr. Chase-This bill authorizes the re-
moyal from State courts 10 FEDERAL courts
oi suits Of every description, civil OF erimi-
nal, whether prosecuted by States or indi-
viduals, against any person for anyact dOue
under, or under color, Of law Of the United
states Assuredly, sir, the Con-
atitutiou contemplated no such subsection
OF states and citizens TO Federal authority,
IS this. SIR, this is bill for the overthrow
of State Rights. Ii is bill 10 establish a
crest consolidated, Federal Government. il
L. A. frfNa Wut her Inward
despotism. The Fugitive slave
lct was a gross impeachment Of the honor
the Legislatures and the good faith Of the
.ople of The States. This bill 10 iou ded
The same d strust and suspicion Of State
.egislation, and the same desire TO control u
bv Federal authority. II - the
1noustr5us birth Of a bad time. Sir, the
clearost and widest separat on possible uu-
der the Constitution, Of the sphere OF the
National from that of the State Judlcisry,
is the true means of peace and harmony.
Bat this bill expresses the very wanionuess
of contempt for this principle. IL Is framed
AS If lie express design was 10 brig on a
desperate conflict between the courts OF the
states and those Of the Omitted States.
Sir. the end Of this road is ruin.
Amendments would MT diyest tins blil ol
its evil principle, OF avert its fatal elect a
81 preredeut Tor consolidation and despo-
tism."
And sure enough, here it comes VI
As precedent; and it is not improba
Die that the man whose measured and
weighty sentences against the stride
toward despotism attempted to be
taken in 1855, and who announced SC
clearly then the true means Of peace
and harmony, will have TO pronounce
upon the constitutionality of this Civil
Rights Act, whose relationship 10 act
of fatal precedent is 80 confidently
assumed by its author as an assurance
Of its validity.
The reader must bear in mind thai
the Fugitive Slave Act declared to b'
unconstitutional by Mr. Chase, was en-
acted 20 carry out the provision OF thu
Constitution Of the United States, which
ssys-"No person held to service or Ia
Dor in one State, under the laws there
Of escaping into another shall 10 con
sequence Of any law or regulation there
an, be discharged from such service o
labor. but shall be delivered up oil
claim Of the party to whom such ser'
ice OF labor may be due
The Civil Rights Act was passed, a
its advooates pretend, to carry out IN
recent amendment Of the Constitution
prohibiting slavery. If the Fugitiv
Slave Act was, in the opinion OF Ml
Chase, unconstitutional, there Is no
q shadow Of claim on which 10 rest th
constilutionality of the Civil Right
Act We believe the Supreme CouE
will decide against the constitutional
" Of the act but whether 1t does
not, the people will not permit 1t L
remain on the statute book. Wher
ever they have an opportunity to max
themselves heard, their voice will b
found condemning it, and demandin
its repeal Il is well enough for th
radicals 10 increase their sins, and
make themselves more odious 10 th
patriotic masses This will hasten Ga
revolution which is to drive them fror
power
Provisional Governor Hamilton ls n
ported en- route b Washington 60 see VIII
i 90 be done with Texoa. The secessionis
have seized upon the entire political COZ
tral of the state. and are carrying ever,