The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-07-09
LEGAL INTELLIGENCE.
Civil Rights In Maryland.

BITwEEN TEDERAL AND STATE LAws-UNITED
sTATEs LAWS PARAhoUET-CIvIL RIGHTS BILL
sUsTAIEKD.
A very important dechdon has ly been rem
dereO BY JUdRe Bowie, Chief Justice of the Court of
Appeas o. Maryland, Bearing upon me aoplica1Ion 1
facts of the case as We are nOrmec By correspond
ent a that Dr. A. II. Somers, Of Rockville, Mont
Pomely county, on the I'D OF June, committed an
uDprOvOked assault upon poor, unOffending, and
peaceable colored man in streets Of Rockville,
This colOIed mans wlte on the day following the
assault sued out warrant before b. Monday, Esq.,
q justice OF the peace In Rockville against SOmers
on VII ch he was arrested and arraigDed before the
magistrate. George Peter. Esq, q prominent Demo.
cratic awyer, was employed BY DR. Somers as his
counsel and argued that the warrant was illegal
under the laws OF Mary and, no negro or mulatto,
Mr.. Peter coDtendinO, beng competent witness
that that law had been abrogated and superseded,
ana null and VOID under the Jaw recently pa sed
by Congless known as the Civil Riglts bl
In accordance with this decision the Justice
qUlred MIR. Somels to give bail in the sum of $500
RomerY county SOmers refused 10 furnish 0ai,
and Justice Monday committed hum 10 jail, where
uIon his counsel, Mr.. Peter al pied 10 Chief jus.
uce Bowie The beng at home &C the hmel for the
writ OF hdbedS corpus, which his Honor refused TO
grant, Giving wntten opinion sustaining the
action OF Justice Monday, and maintaining the con-
sutntonality OF the civil Rights bill, 80 far as 1t
relates to the question in dispute.
in UOrlahce all persons the STATE we give in
lull below, as tolows;-
a. H. Somers az ntgomery county, Nd I'd h'R 1856.
TIE return shows the petitioner is detained upOn
ton of negro cRsrgIng the prisoner with an as, 40
with in ent TO xii he prisoner claims his scharse
authority OF law the nformer being inc ompetent to
testify Ill uny matters In which awnite person con-
he ode enacts, mo negro mulatto whether rec
or slave and no Indian sh all be admitted in any matter
depe1diug IN any court OF before any justice OF the
fhs Is substaStay the STovison Of the act of Ill.,
ch - which s prelaced wi preamble, declaring T
al ow as evidences law in sNy courts Of record
before any maSisTate any nego or % m1la9 az & slave & or
neit hborng provinces ,..-- A. -,,.. -,
negro races were punished by the same act under
penalties subjectng the offenders to slavery Tor
The constitutional power of the State to pass such
laws however Their wisdom or policy may may have been
commenced with the colony has been continued since
ra cd IN The 6odV Of the ode paSle Gencra Laws
sucn was the policy OF the State for nearly TWO hun
me Convention Of 1854 BY the twepty-oarih article
in this there sha be neher slavery nor lnvolun
taTy seryude, except in punishment Of crime,
ali persons held to service aboT slaves hereby
ASSEMBLY Of gfn TS Es % b e
pies eHunclsted in the Dec aratlon Of Rights repealed
Negroes under which were c0diled the laws stng
sS Rc nGsry puS
tiOns navigation Of by neeIoes," licenses to
tTacso hire by tree negroes and petitions tor tree
DOM thereby eps0ns the the dissb @ y pTeyousy exist
laws with white persons in those particulars.
On he Sd of February, 1856 the General Assembly of
Maryland III flied and conirmed the ihrteeuth article
of the onstituon OF the United States, which is in
ectOn Neither S avery nor involuntary servtude
except as punishment for crime. whereof the
within the United states or any place subject to their
section :. Congress shall have power to enforce this
arlc by eppropria g legis alton"
raj Constitution Congress as its anguage imp iesJ
had power to legslae on the suojee OF slavery in
The question now occurs what Is the character and
or concurrent jurisdiction Congress the co,ored
population or express or implied Authority to oass the
emit An act to prot persons in the United
kta es in the eiy righs, and furnish the means OF
The 6Is branch of the amendment is Identical in Ian.
and sense with the oldnaace OF 49, and the 24h
The second section Is modhcalon OF me lSth para
lion living Congress power to make ali laws Enlch
hs be rG'S e Yr SynS atS SS a
nent commentator has sail, was only dec aratOry o.
trulh which would have resu ed by necessity and ne
ihe yconstitGtiona power of Congress would have
thing included all necessary aud proper means. The
era cd powe ia the s6o ced IS
to be al once admoniory and directory. 1T requires
emo " q story on the Cons 25S)
lhe Constitution being the paramount law of the
Which night there after be passed would be null and
VOID by ITS own SIee upon M the adoption ' Of the l3h
nstl slavery was extingushed annulled, aud
not TO be construed us meaning that Congress shall do
what the COnstiu ution itself had ALREADY doue b &c
might other means bona Hde appropriate to the d.
thus the 9Th the lst act of the Constitution
negatively conferred Congress the power prohibit
theleatter this power was exercised by Of
severe penal laws making II ultimately piracy punish.
Acts Of Congress may be constitutional and unconsti.
tutlonal, valid in part snd void IN part
NeiIher the question Of CITIZENSHIP ,allage nor right
to office inv Owed in The question before
tency as witness IS wholly distinct rom the All
oaIh and believing In future state of rewards aud
punishmens are at common lsw avn &cGmpetent as wit
Nor are reserved rights OF the State the peo ne
necessarily nyoysd tRe on Of an express
question of er edency 50 much as OF the e1Snce of
neS,Ses and rene them competent to teSti in State
COuTs he language OF me amendment Is plain and
emphatic - Congress shall have power TO eJree his
article by appropriate legislation"
The construction given to the words necessary and
proper used in the 9th section OF the lst ar ce Of the
judicial history OF the country. they were held to
ncIude not only those without which the grant
.SHtSt1i useful" conducive to the end Wash
ington, Hamilton, Marsha Congress and the judi
caIy generally adOp ed this view, and althOus n in
aier times the nsitu ion tthe Bank OF the United
Siatesi which was founded on this theory was aban
doned the nterpI citation tset remains q part
consIi utional Law OIL the country,
his construction OF the Constitution to have
been adopted by the trainers OF tue amendment fhey
nave not used the wOId necessary but substituted
appropriate i" the synonlm o. proper" The dc
SSdauIed ~ suitabla," "proper." (W 6SeT ana W,r
ceS erJ When we Teeal the learnes and protrac cd
in the original Const tuition the differ
policies and parties based on us interpretation its
intention its trainers 10 con er power un eulered Dy
That sap to mean no me.t m e a1S eSd @ % legislation
Since tie adoption OF the amendment or In anuclpa-
tion OF It, many OF the la sayeholIlng States have
as witnesses et6er to ally or partaiY. am ere IDLY
informed that Alabama south ! arc ina Florida Mis-