Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1866-04-07
Tbav are matters.

which. in each state concern the do
nestle condition of its people, varying
in each according to its own peculiar
circumstances, and the safety and well
being of its citizens. i
1 do not mean to say that upon all
these subjects there are not federal re-
straints, as for instance in the State
power of legislation. over contracts,
there is IA federal limitation that no
State shall pass law impairing the OBJ
of contracts; and ~as to
crimes, that no States shall pass an
sspost fdcto law; and as to money, that
no State shall make anything but gold
and silver legal tender. But where
can we find federal prohibition against
the power of any State to discriminate
--.-as do most of themAbetween aliens
and citizens; between artificial persons
called corporations-and naturallZed
lpersons, in thesright to hold real estate
| If it be granted that Congress can re-
peal all State laws discriminating be-
tween whites and blacks 1.-THE subjects
covered in this bill, why, it may be
asked, may not Congress repeal, IN the
same way all State laws discriminating
between the two races on the subject
| of suffrage and Office. If Congress can
decide by law who shall hold lands, who
shall testify, who shall have capacity to
make contract in State, then Con-
grsss can also, by law, declare who,
without regard to race or color, shall
| have the right to sit as a juror or
Judge, to hold any Office, and, finally,
TO vote in every State and territory of
| the United States. As respects the
territories, they come within the power
of Congress, for as TO them the law
making power is the federal power. But
as to the. States no similar provision
Iexists-4vesting in Congress the power
to make rules and regulations for them.
tThe object of the. second section of the
| bill is to afford discriminating protec-
ton to colored persons IN the full en-
ljoyment of all the rights secured to them
by the preceding section.g ar g0;,sr
/ 1t declares that any person who I'M
der color of any law, statute, ordinance,
/ regulation or custom, shall subject, or
cause to be subjected, any inhabitant of
any state or territory to the deprivation
Iof any right secured or protected by
| this. act, or to- different punishment,
pain or penalties on account of such
person having at any time been held In
"a, condition of slavery or involuntary
Eseryitude, except as a punishment OF
crime whereof the party shall have
been duly convicted, or by reason OF
1 color or race, than is prescribed for the
punishment of white persons, shall be
/ deemed guilty of misdemeanor, and,
upon conviction, shall be punished by
i a fine not exceeding one thousand dol
lars, or Imprisonment not exceeding one
year, or both, In the discretion of the
court. - ~ 20 e. .d.tt' tHi@H
| This section seems to apply to some
! existing or future law of a state OF
/ territory which may conflict with the
tprovisions of the bill now under consid
Grafton. 1t provides for counteractine
i such forbidden legislation by imposing
fine and Imprisonment upon the legis
4 lators who may pass such conflicting laws
or upon the officers or agents who shall
put or attempt to put them into execu
] ton. 1t means an official offense, moi
a common crime committed against law
upon the person or property OF the
black race. Such an act may deprive
the black man of his property, but not
of his rights 10 hold property. 1t means
a deprivation OF the right itself, either
by the state Judiciary or the state leg
lislature. 1t therefore assumes that un-
der this section members of state leg
lislature who should vote for laws con-
Ihicting with the provisions OF the bill,
that judges of the State Courts, who
should utter judgments in antagcnism
with its terms, and that marshals and
lsheriffs who shall, las ministerial officers,
execute processes, sanctioned by state
Flaws, and issued by state judges, in ex-
ecution of other Judgments should be
brought before other tribunals aud there
subjected to fine and Imprisonment for
the performance of the duties which
such state laws might impose. II
The legislation thus proposed invades
| hejudicial power of the State. 1t says
to every State court or Judge, If you
decide. that this act is unconstitu-
tional, If you refuse, under the prohibi
| ton of State law, to allow a negro to
TESTIFY. If you hold that over such sub
iect matter the said law is paramount,
and under the color of a state law re-
fuse the exercise of the right to the
negro, your error of Judgment, however
conscientious, shall subject you to fine
and imprisonment. I do not apprehend
that conflicting legislation which this
bill seems to contemplate, is SO likely
to occur as to render it necessary at
this time to adopt 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
|immunities of legislators, and always
important to be preserved in the inter-
est of public liberty. without assailing
the independence of the Judiciary
always essential to the preservation
of individual rights, and without i'm
pairing the efficiency of ministerial
officers, always necessary for the main.
tenance of public peace and order.
.nl The remedy proposed by this section
seems to be in this respect not only
anomalous, uhut UNCONSTITUTIONAL for
the constitution guarantees nothing with
certainty if it does not ensure to the
several states the right of making index
rnlipg laws in regard toall matters aris-
ing within their. Jurisdiction, subject
only to9the reconstruction in cases of
conflict with the constitution and the 4
constitutional laws of the United States,
the latter to be held as the supreme law
of the landed ynG emEs ~ f.s.ii igd |
The dissection gives the district courts |
of the United States, exclusive .cogniz-
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