The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-05-19
Important Decision I'm Regard 10 the
civil Rights Bill i'm New Orleans.

of May 10th the following very important
decision on the Civil Rights bill, which
was rendered by Mr.. Justice Abel, of the
First District Court of New Orleans:
State of louisiana rs. T.. De,reeS, p. Mel
son, ct al. First District Cowt-Chdye,
"Bmglary."
This is q rule upon the attorney general
| of the State and the district attorney of
| the parish to show cause why this case
should not he 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
viifdication.
| This rule involves grave considerations ::
| first, is there such an act of Congress; Sc
cond, if there is, is it constitutional and
third, if there be such an act, and it con-
stitutional, have these parties brought them
selves within its provisions.
The act relied upon, not having received
the signature of the President, rests for lis
validity upon the second clause OF section
seventh, first article of the Constitution OF
| the United States, which declares that
tuevery bill which shall have passed the
House of Representatives and the Senate
shall, before it becomes law, be presented
| to the President of the United States; if
| he approve, he shall sign it; if not, he shall
return it with his objections to the House
in which it shall have originated, who shall
enter the objections at large on their
Journal, 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
Ithe other House, by which it shall 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
Ithe United States shall be composed Of
/ two Senator'S from each State, chosen by
the Legislature thereof, for six years, and
each Senator shall have vote.." The
term Senate, as used in this section, is
Iconyertible and synonymous, as used in
/ the Constitution, with that OF House"
used In section seven, and means the en-
tire body, in cOntradistinction to "mcm-
|bers present" as will clearly appear from
the fiffh clause of section three, which de-
dlares that the "Senate shall have the
sale power to try all impeachments; when
.siftinG for that purpose, they shall be on
cath OF Affirmation. When the President
|,0f tho United States is on trial, the Chief
4 Jusfi0e shall preside, and no person shall
be convicted without the concurrence of
tNc-thirde of the members present" In
this cese tW0-thirds of the members may
remove 1.-THE. PRESIDENT. The same power
EeonN have been granted to two-thirds Of
he nambers present to make a law over
III MT Sof the President. The law-ma-
,kinx power Is high and transcendant, and
81 n not III reason that the trainers of the
ptfDn Intended lowest such power
HI y ~, hjr7B Of, the members present"
II II Hi. rin 4 ia less than majority of the
aiIi ~ II tina present case. Such
b - II ~ olI would shock Q republican
n ~ a md npaach the wisdom of the
z51f i fr: ~ The GQ9orument.
&: q n II reroix8a ard conclusions be cor
~ u flY - Rights bill never became a
Qg ConRress by the several
- lheiT Internal and do
l|opgres has exceeded
s q 81 B IN. y sonstitutional