The Tiffin weekly tribune. (Tiffin, Ohio) 1859-1868, 1866-04-05

y
ANY person who, undor color of
NY law, statue, ordinance. regula
ion. or custom, shall suhjeet or
aose to b, subj ct any inhahitant
any State or territory to the de-
,riyatiou otany right secured or
N tecte | by this act, or to dltltr.
mt punishment. pains or penalties
IN account of such persons having
" any timo been held in conli
ion ot slaN cry or involuntary ser.
iitude, except as Il punishment of
'rjmo, whereof the party shall be
luly convicted, or Ivy reason ofI
,olor or race, thau is prescribed |
or the punishment OF white per.
sons. shall be dconhed guilty of a.
and ON conviction
shall be punished ny q fine not ex /
81 600 or imprisonment |
not exceeding one year. or both, |
in discretion of the court This !
9 ction seems to I've de signed to az
ply to some existing or iuture law
ota State or tcrltorry which may
conflict with the provisions cf the
bill now under consideration 1t
provides for cnuuteractiug such
forbidden legislation by imposing
fine and imprisonment upon the
Legislators who may pass such con
! ilicting laws, or upon the officers
or agents who shall put or attempt
10 put them into execution, l.
means an official ofitnsp, aud not q
common crime committed against
law uponthe person or property OF
the black race Such an act may
deprive the black man or his pro.
perty, but not OF his right to hold
property IL means dopriva.
Itiou OF the right itself, either hy
the State judiciary or the Stat,
Legislature. IL is therefore assum
Jed taat under this section mem,
Ibeis Of u State Legislature whc
Should vote for laws conf citing
with thc provisions Of the bill,
that judges OF the State courts who
should render JUDGMENT in anita"
Ionism with ils terms, ami that
imarshaIs and shcriils who should
rs m nistcrial officers execute pro
ccsses by State laws. and issued
by STATE or state judge officers OF
their in lament. could be brought
before other tribunals ard subject
ed to fine and Imprisonment iol
performance of the duties which
such State laws might impose
The legislat on proposed invaded
the judicial power of tbs state. -
It. SAYS to every State. court, oj
Ii1Agr, ifyon d acidc that this act i
unconstitutional, and If vou reius,
t. allow II negro 10 testify, you,
decision, however. cpuseicntious
,lsuNj ct you to taes and i'm
Iprisonment. ,a.a. .I oil.
1 do not apprel,cuA that conflict
imr legislation which tie bill seem
to contemplate is SO likely Ia ocru
as TO render it ncce, sary attlris tim
, to adopt q measure of such douh'
. ful cons'ituionality in the ntl
G place, this provision of the bi
4 seems to be unnecessary rs ad'
S qnato judicial remedies could !
adopted to require the desired enc
9 without involving the immuniti'
s of legislation always important
l. be preserved in the interest Of pnl
e lie liberty, without assailing "a
nj indepondenc OF the judiciary a
= ways essential to tho preservatio
of individual rights, aud withor
impairing the efficiency of the mil
ister;al officers always necessary it
: the main,ainance of public pea'
v and order, and remedy propose
= by this section seems TO be in tn
= respect not only unconstitntiona
y for the constitution guarantees n
= thing with certa nty If it does n
:, secure to the States the right
= making index ruling laws in r
= gard to all matters arising with
= their jurisdiction subject only
y their constitution in cases OF Col
. fict with the constitution and COZ
. stitutional law Of the land. tt
' third section gives the distri
" courts OF the United States excl
- sive cognizAnce OF all crimes al
y offences committed against the pr
~ visions OF this act and concurrr
y : Jurisdiction with tho Circuit Oour
" " of the United States OF all civ
= and criminal cases affecting pc
u sons who are deemed or cannot @
% % f rec on the courts or judicial tr
. hunals Of State or county whej
thcy may be, any OF the rights S
- cured TO them by the first sectlo
- The construction With | have q
II en- to the second section, for
: makes clear what kind Of denial I
: deprivation of riGhts secured
&c the first section was in contempt
J, ton. 1t is a denial'or deprivatif
% % of such right in the Courts or J
- dicial tr hnnals OF the state.
y stands therefore clear of doubt III
y the offence and the penalties pr
~ videl in the second section, are !
" y, tended for the State Judge, VIII
~ in tie clcar exercise of his fun
- - tions as Judge, MT acting min
u u terialIy but jndicially, shall deci
- contrary 10 this ioderal law.
IS other words. when a State jude
81 - acting npon question inyolvin;
:. =, conhict between a State law q
- Federal law. and bohnd, &C "ordi
-, ~ to his own judgment and respon
y lbility, 70 give an impartial decisl
A - n hn