The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-03-27
The sCiviI Rights" Bill.

The "CiviI Rights Bill.
The Importance of the subject so ably
discussed in the following article, which
we clip from the National IntelHgencer, is
OUR apology for donating so much space
oit:
This bill is to abolish the States OF the
Union. To effect such an object, but
two conditions are requisite: % That
doubtful Federal powers should be used,
and 90 that the statute should be etfi-
GENTLY executed. If this is so, it IS
measure tainted with treason, and one
contrived by men who, having been del
egated by their constituents to perform
the functions of constitutional govern
ment, are willing to betray the people
into disastrous and utterly groundless
revolution. There is evidence outside
of this bill, and of either bill of the rev.
dictionary animus of the series OF exor-
bitant measures of which this is one
But we suggest only-in hurried re-
view-what is apparent from the sense
of the bill itself.
|. 1t abolishes all State judicature.
This is so because it is made high mis-
demeanor for any person to deprive any
native inhabitant of any right secured
by this act. If such wrong were done
contrdTu to the State courts, they would
punish, and this act is not necessary. 1t
done through the courts, then it is the
courts, OF the persons implicated in the
proceedings that will have committed
the offence But where judges, officers
of a court, attorneys, etc, are liable TO
personal punishment for using, or even
installing their powers, they cannot re
said to have any. But, moreover, all of,
fences under, and causes affecting per-
sons protected by this act, are cogniza
bic exclusively by Federal courts. The
act covers almost every civil transac-
lion of society, not to say social, moral
and political relations. There cannot,
therefore, be any assignable limit to
Offences to this act As it applies to
all native Americans without exception,
save Indians not taxed, there is no per
son but has right to invoke it, nor any
class of cases in which it might not, ny
the constructions Of the forum, beplead-
ed But whenever il is put in issue, the
exclusive Federal jurisdiction. snper
yenes, and it becomes a miSlemeanOr to
prosecute the suit elsewhere than ~
Federal court IN this way almost any
suit about anything is liable to he arbi.
trarily suppressed by he mere plea of
defendant, that his adversary is infract-
ing this statute. But 10 conclude this
point. The most cursory view of the
statute shows that it strips tire State
courts of all independence within their
own sphere, and if Congress can in this
thing do so, it must dc because it eau N
any one thing aud if in anything then
in all things. The State courts So such
would thus he abolished, for though they
might continue 10 act, they would be
virtually Federal courts, because enjoy
ing no powers but what had been con
ee9ed them by the Federal government
, 1t establishes negro superiority .-
Ii from any cause the necessary police
regulation OF a State, in its purely local
aud domestic concerns, should operate
Il recognize distinction of color at
race, however indirectly, this law may
be invoked successfully to resist it 3ith
the AMY and navy ot the United States
bat even this is not The end OF il Ii
would be an offence hA recognize ia
state law, OF even IL private contract
y distinction II color OF raCs under sob
0r of any custom THIS il, We believe, an
unprecedented provision Ii carries FED
eral interference into privaeies into
which the most local and domestic laws
never intrule 1t might-Bay, does
daily happen, that bargains are made
between whites aud colored men which
are indispensable to the well-being of
the latter, yet which would be unintel-
ligible without recourse TO the custom
of distinguishing on account of race or
color-an observance of which is made
penal by this statute The very ems
toms of community are TO be made
criminal and amenable 10 an authority
foreign to their locality All the deal
lngs OF man with man in society de.
pend Tor their interpretation upon local
custom Yet by this extraordinary pro:
vision the customs of communities-thel
very canvas on which the picture of So
oial order is painted-are to he nsrvert-
ed into agents of strife, heart .bprr;nc
and mischief, Customs are stroncer
than laws" is a proverb which we
might recall with a shudder if we con.
ceive such law in actual and efficient
operation Let US consider how this
provision would operate. For example,
at o public sale of pews in a church, a