The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-05-19

vereignty at the feet oil Federal encroacn-
lncnts, party Violence, or factious usurpa-
tion,
The "Civil Rights bill " has been passed
won by great constitutional lawyer,
statesman, and patriot, Andrew Johnson.
lie speaks like the fathers; he decided IT
unconstitutional, and vetoed it as Presi-
dent of the United States. am of the
same mind, and believe il to be unconstl-
tutional--not binding on this court.
In reviewing the Civil Rights bill 1
have discharged what | believe to be my
duty to the State, by Withholding the Ju-
dicial sanction of this court to Dill 'hat
appears to aim at the striking down the
INDEPENDENCE of the States, to sap the
foundation of republican government,
override the laws of the State, ana 10 ob-
literate every trace of independence oil
State judiciary by disgraccful, servile
ends.
The prisoners, both negroes, claim a
transfer under an act of Congress known
as the Civil Rights bill. The first sectloh
declares that all persons born III the
limited States. and not subject to any
foreign power, excluding Indians not taxed,
are hereby declared citizens of the United
States, and such citizens, OF every race
and color, without regard to any previous
condition of slavery or involuntary Scr'l-
tude, except for punishment OF crime
whereof the party has been duly convicted
shall have the same right in every State
and Territory to make and enforce con-
tracts, to sue and be sued, be parties and
give evidence, to inherit, purchase, lease,
sell, hold and convey real and personal
propcrty: and to be entitled to full and
equal benefit of all laws and proceedings
for the security of person and property as
is enjoyed by white citizens, and shall be
subject to like punishment, pains ana
penalties. and to none other, any law,
statute or ordinance, regulation or custom,
to the contrary Notwithstanding" These
prisoners enjoy, under the laws OF tins
State and the practice of this court, every
right and privilege that any white man IN
the Government of the United States
could or would have, and are subject to no
other penalty. What more did the trainers
of the bill demand
Admitting. for the purposes of this rule,
that the Civil Rights bill is law, il is in
no manner violated, and this court is with
out power to transfer, or the United States
Courts jurisdiction to try, the prisoners.
If they fear impartialty in this court and
jury, the remedy is in an application for
change of venue, under the act OF the &C.
neral Assembly relative to criminal pro
cecdngs, approved nth of March, 1888,
which, upon showing, would he as readily
granted to these prisoners. The same ic-
gal right belongs to Devices.
This rule appears TO me to be without
merit, and has no law III it-let 1t be dlS-
charged.
Nv admiration for the wisdom and cX-
cclIcnce of the bar leads me to wonder
why members of ii would bring a rule so
utterly groundlcSS and mischieyouS as the
present one seems to be. 1t is well calcu-
lated to excite the negroes of the country
to the false belief that they are denied the
benefit OF the laws.
1t is also calculated to furnish prctcXt
to set upon the heels of your tcllow-cltlzenS
the host of mdn-catchcrS enumerated III
the sixth section ofthc " Civil Rights bill"
[ congratulate the citizens Of Louisiana
upon the fact that nothing more than
mere pretcxt can be afforded, as the laws
of the State afford the free negro every
right in n court of Justice that is awarded
to a white man.
The whole matter appears to be one of
those fanatical spaSms which sciZcS the
minds of certain individuals because the
negro cannot be elevated above the white
race. am at loss to know what Sympa-
thy is due particularly to these prisoners,
who are charged with eleven burglarlcS.