The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-05-19
The Civil Rights Bill Unconstitu-
tiOnal.

t1Onal.
We noticed, day or two ago, that
Judge Abel, of the first District
Court of Louisiana, had pronounced
the civil rights bill unconstitutional.
We have now before us the full re-
port of this important and able de-
cision. We extract therefrom the
principal grounds upon which this
Judge based his decision:
The Act relied upon, not having re-
ceived the signature of the President,
rests for its validity upon the second
clause of section seven, first article of
the Constitution Of the United States,
which declares that ''every bill which
shall have, passed the House of Re
representatives. and the Senate, shall,
before it becomes law, be presented
to the President of the United States;
if he approve it, he shall sign it; if
not, he shall return it, with his OBJ
jections, to the House III which it shall
have originated, who shall enter the
objections ut large on their journal,
and proceed to reconsider it. If,
after such considerations, two-thirds
of the House shall agree to pass the
bill, it shall be sent, together with
the objections, to the other House,
by which it shall likewise be recon
sidered, and, if approved by two
thirds of the House, it shall become
o law"
The first clause of section three,
article first of the Constitution.
clearly defines what constitutes the
Senate of the United States, in these
words: 1.-The Senate Of the United
States shall be composed of two Scnn-
tors from each State, chosen bv the
Legislature thereof, for six years.
and each Senator shall have vote"
The term Senate, as used in this sec
ton, is convertible and synonymous
as used IN the Constitution, with that
of House, used in section seven,
and means the entire body, in contra
distinction to members present, as
Will clearly appear from the fifth
clause of section three, which de-
clares that the Senate shall have
the sole power to try all impcack-
ments; when sitting for that purpose,
they shall he on oath or affirmation.
When the President OF the United
States IS on trial, the chief Justice
shall preside, anu no person shall be
convicted without the concurrence of
wo-thirds of the members present"
In this case two-thirds of the mem
bers may remove The same power
could have been granted to two
thirds OF the members present to
make law, over the veto Of the Pre-
sident. The law-making power is
high and transcendant, and is not of
reason that the trainers of the Con
stitution intended to vest such a
power in ''two-t thirds of the members
present" which may be less than a
majority of the Senate, as in the pre-
sent case. Such a construction would
shock Il Republican people, and I'M
peach the wisdom Of the founders OF
the Government
If my premises nnd conclusions he
correct, the civil rights bill never be-
came a law. If am incorrect, is the
law constitutional? This depends
upon the powers conferred upon Con-
gress by the several States to regulate
their internal and domestic affairs.
If Congress has exceeded these pow
ers, the law is unconstitutional, and
: not binding upon the courts of the
country. The States. ut the time of
'confedcrating, were Independent So
vereignties. They surrendered por-
ton of their sovereignty to the Fedc-
raj Government. The rights surrcn-
dered are defined and fixed by charter,
(the Constitution, and the remainder
are reserved in the States and the
, people.
The founders of the Government,
jealous Of encroachments either by
construction, usurpation by the Fcde-
raj Government, or control of faction.
at the first session, first Congress
, (A1arch, 1881 proposed two amend
! ments on this subject matter, which
were ratified by the States. The
ninth and tenth articles of the amend
ments referred to read us follows:
''Articlc Q. The enumeration in the
Constitution of certain rights shall
! not eonstrue to deny or disparagc
Others retained by the people. y
: article 10. The powers not dele
Q gated to the United States by the
. Constitution, nor prohibited by it to
, the States, are reserved to the States
Y respectively or to the people"
The Constitution of the United
States, and the laws of Congress made