Columbia democrat and star of the north. [volume] (Bloomsburg, Pa.) 1866-1867, 1866-04-04

10 be subjected any lnhaoliant oil any Siate
or Territory 10 The deprivation OF any right
secured or projected by this act, or to diff
fereat punishment, pains, or penalties, on
account OF such person having al any lime
been held in condition Of slavery or in.
voluntary serviiude, except as punish
meBt of crime, whereof The party shall
have been duly convicted, or by reason OF
his color or race, than is prescribed tor The
runishmen, OF white peisons, shau be
deemed guilty OF misde emeanor, and on
conviction shall be. punished by fine not
exceeding ore thousand dollars, mp prison
meni, not exceeding one year, or both, ia
the discretion of The court" This section
seems 10 be designed TO apply TO some ex-
isting or future law of Stale or Territory
which may conflict with The provisions OF
the bill unJer consideration. Ii provides
for couu,erac,ing such forbidden legislation
by imposing fine and Imprisonment upon
the Legislators who may pass such conflict
ing laws, or upon the officers or agents who
shall attempt TO put them inlo execution.
II means an official offense, not a 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 10 hold prop
cry. Ii means a deprivation of the right
itself either BY the State judiciary or The
Stale Legislature. Ii is therefore assumed
tbat pndor tb;ssactiCD mann hars Of S,,,a
Legislature who should vote Tor laws con-
flicling with the provisions of The piIi, that
Judges of the Stale courts who should rem
der Judgments in antagonism with its terms,
and that marshaIs and sherifs who should.
as ministerial officers execute processes
sanctioned by State laws, and Issued b
State judges in execution oi their judgmeu 5,
could be brought before other tribunals a nd
there subjected TO fue and in prison .ent
Tor the performance OF the duties hich
such Safe laws might impose. The .egis-
lalion thus proposed invadss The judicial
powef of The State, II says TO every State
court or Judge: "If you decide mai this
act is unconstitutional; if you refuse under
the prohibition OF a STATE law, to allow a
negro 10 testify +; if you hold that over such
a subject matter the said law is paramount,
and under color of Stale raw refuse The
exercise of The right TO The negro, your er-
rors OF judgn ent, however conscientious.
shall subject you TO 6oe aud imprisonment.
! 90 rot apprehend that 1t Z conf citing leg-
n trE ho
is so likely to occur as TO FENDER il neces-
sary at Ibis Time to adopt measure OF such
doubtful constitutions Ia the next
place, this provision of Inc bill seems 10 be
unnecessary, as adequate judicial remedies
could BE adol ted TO secure the desired end
without invading the immunites of legisa-
tors, always important 20 be preserved in
the interest OF pubic liberty, without as
sailing the independence OF The judiciary,
always essential to the preservation of in
dividual rights, and without impairiag The
efficiency of ministerial officers, always
Ii Becessary for the maintenance of public
peace and order. The remedy proposed by
this section seems TO be in this respect, no
only anomalous, but unconstitutional, for
the Constitution guarantees nothing with
certainty if ii does not insure TO the several
States the right OF making underwriting laws
in regard TO all matters arising within their
subject only 10 the restrictions
ia cases Of conflict with the Constitution
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 exclu-
sive cognizance OF all crimes and odenses
com miued against the provisions of this act
and concurrent jurisdiction with The Circui,
Courts of the United States OF all civil and
criminal cases affecting persons who are
denied, or cannot enfofce 10 The courts or
judicial tribunals of The State or locality
where they may be, any OF the rights Sc
cured 10 them by The first secriou The
which ] have given to the sec
ond section is strengthened by This third
section, for il makes clear what kind of de.
nal, o: deprivation of rights secared by the
first section, was in contemplation. 1t is a
denial or deprivation OF such rights in the
courts or judicial tribunals of the Stale: 1t
stands therefore clear of doubt that the of
tense and The Penalties provided in the
second section are intended Tor the Stale
Judge, who, in the clear exercise OF his
as judge, not acting ministerial I
ly but judiclally, shall decide contrary 10
this federal law. In other words, when a
State judge, acting upon a question involv-
ing a conflict between Safe law and led
eral law; and bound, according 10 his own
Judgment and responsibility, 10 give an
impartial decision between The two, comes
TO the conclusion that the Slale law is valid
ard The federal law is invalid, he must net
give the dictates OF his own Judgment al the
peril OF fine and imprisonment The LEG