The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-04-11
The Civil Rights of the Freedmen and the
New Judiciary Bill.

from We INNeSs
The feeling which led to the passage of the
Civil Rights bill, was doubtless that IN matters
which related to the two races at the South 1t
would not be safe to leave the colored men to
theElocal laws and courts; that the nation was
pledged TO see to it that they received justice,
an6 TO that end would have questions which
involved their rights determined before the
Federal courts in all cases where those ques'
tions could not or would not receive o just
and equal decision at the hands of the State
tribunals. So laudable feeling ought not to
be baked by any failure OF the means em-
ploy ed to carry 1t into action. Those means
should be in the highest degree wise and
efficient for removing the difficulties in the
case sand securing, as far as possible, the
entire protection of the freedmen from the
working OF those local preludices in which are
10 De found the perils to which he is exposed.
IL Is quite remarkable that the Senate OF the
United States, before passing the Civil Rights
bill, should have passed a measure without ap-
parently thinking of its having any connection
with this subject, the effect of which, since 1t
has also passed the House, will be to weaken
most seriously the very protection which the
Civil Rights Ill was intended TO give. We
refer to the bill recognizing the Federal Judi
Ciary, which has passed the Senate, and is
now with the Judiciary Committee of the
House. . a... .1u
One provision of this bill is that there shall
be no appeal from the decision of any United
States District Judge (and all suits are to be
tried in the first instance before the District
Judges), unless the amount involved is $500, or
unless the District Judge shall certify that the
adjudication involves question OF general inn
portance. Ha0I a. I'..i'Ii ' l
At present the amount of $50 involved is suf
tioient to give the right of appeal from the Dis
trfct Courts. So that we see that just at the
time when it is sup posed that the Federal courts
are to be resorted to for protection by very
large class ofpoor people, who must oil necessity
hr N nU STna hafO fha of4 ary
time 1t sproposed to increase tentold the amount
necessary to give an appeal of right from the de-
cision OF single judge in those cases.
1t is true that the Judge, may give certificates
which will allow appeals, but none the less is he
invested with absolute authority over them.
Now, we presume that the Federal judges may
be less exposed to the ill effects of the local pre-
judices than the Judges of the State courts.
free from them; and this new law, making their
decisions absolute in these cases, is a sure
means Of making them more subject to their
influence. .,.....,. ....
But again, the bill provides that when appeals
are taken from the District Court, they shall be
TO Court of Appeals, composed of three Dis
1rict lJudges and from that court no appeal
shall be OF right to the Supreme Court unless
1he case shall involve $4,000 in amount, or the
construction of the Constitution, or treaty or
revenue law of the United States. This pro-
vision would indeed allow the constitutionallty
of the Civil Rights bill to be carried to the
Supreme Court Tor decision, but let it be once
decided to be constitutional, and no question
arising under il can be carried to the Supreme
Court OF right unless $4,000 is involved. For
all cases under that amount the freedmen are
placed absolutely in the power of the District
Judges in all cases involving less than $4,000.
How many cases. involving that amount will
be likely to arise in which freedman is q party ?
Not many, in our judgment, very soon and we
are disposed to believe that there are loopholes
enough in the Civil Rights bill to allow any Dis
trct Judge OF the United States in the Southern
States to practically destroy the bill, and render
1t Of no effect whatever, without any fear OF
being interlered with by the Supreme Court OF
7he nation, or any other power.
We do not for an instant suppose that the
Senate, when it passed this bill, saw that it
would have any such effect. Moreover the Civil
Rights bill had not then passed the Senate. But
now the House has passed the Civil Rights bill
before this Judiciary bill has come before them.
1t then remains to be seen whether they will,
by the passage of bill which contains such
provisions, go so far towards undoing their own
work.