Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1866-04-14


! cept rs punishment of crime whereof the
I party shall have been duly convicted, or by
reason Of lhis color or race, than is prescribed
deemed guilty Of misdemeapor, and on con-
viction shall be punished by fine, not exceed
ing one thousand dollars, or imprisonment, not
exceeding one year, or both, in the discretion
of the court This section seems to be de-
signed to apply to some existing or future law
of State or Territory which may conflict with
the provisions of the Bill under consideration.
1t provides for countcracting such forbidden
| Legislation by imposing fine and Imprisonment
upon the legislators who may pass such con-
ficting laws, or upon the officers or agents who
shall attempt to put them into execution. 1t
means ali official offence, not common crime
committed against the 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 right to hold prop
erty. Itmeans deprivation Of the right it.
self, either by the State judiciary or the State
Legislature. 1t is therefore assumed that,
| under this section, members of State Legis.
lature who should vote for laws conflicting
with the provisions Of the Bill, that Judges of
the State Courts who should render judgments
in ntagonism with its terms, and that mpr-
shals and sherfs who should, as ministerial
officers, execute processes sanctioned by State
laws, and issued by State Judges in execution
of their judgments, could be brought before
other. tribunals, and there subjected to fine
IaRd ana for tSg fss1saaSe. tho
duties which such State laws might impose
The legislation thps proposed invadcs the ju-
dicial power Of the State. It says to every
State Court or Judge: =" If you decide that
this Act is unconstitutional; if you refuse,
under the prohibition of State law, to allow
q negro to testify; if you hold that over such
a subject matter the said law is paramount,
ond under color of State law refuse the ex-
crcse Of the right to the negro, your errors Of
Judgment however conscientious, shall sub
ject you to fine and Imprisonment. | do not
apprehend that the conflicting legislation
which the Bill seems to contemplate is so
likely to occur as to render it necessary at this
| time to adopt measure of such doubtful con-
stiutonality
In the next place, this provision of the Bill
seems to be unnecessary, as adequate judicial
remedies could be adopted to secure the de-
sired end without invading the immunities Of
legislators, always important to be preserved
in the interest Of public liberty; without as
sailing the independence of the judiciary,
always essential to the preservation of individ-
ual rights, and without impairing the eficien-
cy of ministerial officers, always necessary for
the maintenance Of public peace and osaer.--
The remedy proposed by this section seems to
be in this respect, not only anomalous, butun-
constitutional, for the Constitution guarantees
nothing with certainty if it does not insure 10
the several States the right of making index
ruling laws in regard to all matters arising
within their jurisdiction, subject only to the
| restrictions in cases of conflict with the Con-
stitution and constitutional laws of the United
States-the latter to be held as the supreme
law of the land. The third section gives the
District Courts of the United States exclusive
cognizance Of all crimes and offences commit
ted against the provisions Of this Act, and con-
current jurisdiction with the Circuit Court of
the United States of all civil and criminal
cases affecting persons who arc denied, or can
not enforce in the Courts or judicial tribunals
Of the State or locality where they may be,
any Of the rights secured to them by che first
section.
The construction which have given to the
second section is strengthened by this third
section, for it makes clear what kind of denial,
or deprivation OF rights secured by the first
section, was iu contemplation. 1t is denial
or deprivation Of such rights in the Courts or
judicial tribunals Of the State. 1t stands,
| therefore, clear Of doubt that the offence and
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