Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1866-04-11
CLEARF1ELD, PA, WEDNESDAY, APRIL II, 1866.


color of the law, statute, ordinance,
regulation, or custom, shall subject,
or cause to be subjected, any inhabi-
tant of any State or Territory to the
deprivation of any right secured or
protected by this act, or to different
punishment, pnin, or penalties, on ac-
count of such person having at any
time been held in a condition of sla-
very, or involuntary servitude, except
as a punishment for crime whereof
the party shall have been duly con-
victed, or by treason of his color or
race, than is yrescrihed for the pun
ishmcnt of white persons, shall be
deemed guilty Of misdemeanor aud
on conviction shall be punished by
fine not exceeding one thousand dol
lars, or imprisonment not exceeding
one year. or both. in the discrimina-
tiol Of the court
This section seems to be designed
to apply TO some existing or future
law of State or Territory, which
may conflict with the provisions OF
the bill now under consideration. 1t
provides for counteracting such for
hidden legislation 10y imposing a fine
and imprisonment upon the Legisla-
tors who may pass such conflicting
laws, or upon the officers or agents
who shall put or attempt to put them
into execution. 1t means an official
offense. not a common crime commit
ted against law upon the person or
property Of the black man. Such an
act may deprive the black man of bis
property, but not of the right to hold
property. 1t means deprivation OF
this right itself. either by the State
judiciary or the State Legislature. 1t
means deprivation Of thisright itself,
either by the State judiciary or the
State Legislature. 1t is, therefore,
assumed that, under this section, mem
bers OF State Legislatures who should
vote for laws conflicting with the pro-
visions of this bill, that judges Of the
State courts who should render judg-
ments in antagonism with its terms,
and that marshals and sheriffs who
should, as ministerial-oflicers, execute
processes sanctioned by State laws
and issued by State judges in execu-
tion of their judgments, could be
brought before other tribunals, and
there subjected to fine and imprison-
ment for the performance of the duties
which such State laws might impose.
The legislation thus proposed inva-
des the judicial power of the State.
7 1t says to every State court or judge,
''If Won decide that this act is uncon-
stitutional if yOu refuse, under the
prohibition of State. to allow a ne
gro TO testify; if you hold that, over
such subject matter, the State law
is paramount, and under color of a
State law refuse .he exercise of the
right to the negro, your error OF Judg.
ment, however conscientious, shall
subject you to fine and Imprisonment
| do not apprehend that the conflict
ing legislation, which the bill seems
to contemplate, is likely TO occur as
to render it necessary at this time tC
adopt a measure of such doubtful
constitutionality.
UNCONSTITUTIONAL FEATURE.
In the next place this provision ofth'
bill seems 20 be unnecessary, as ade
quate judicial remedies be adopted I,
secure the desired end with involyin:
the immunities Of Legislatures, Away
important TO be preserved in the in
terest of public liberty without as
sailing the independence of the judic
larry, always essential to the preserva
ton of individual rights; and with
out impairing the efficiency OF minis
terial officers, always necessary fo
the maintenance Of public peace ant
order. The remedy proposed by thi
section seems to be in this respect no
only anomalous. but unconstitutional
for the Constitution guarantees moth
ing with certainty if it docs not insur
to the several States the right of max
ing and executing laws in reg ard t
all matters arising in eirjulisdlctior
subject only to the restriction that i
cases Of conflict with the Constitution
and constitutional laws of the Unite
States, the latter should be held to b
\ the supreme law of the land.
u MAKES sTATEJUDGEs MERE MINISTERIAL
OFFICERS.
The third section gives the Distric
Courts of the United States exclusiv
"cognizances of all crimes and eiience
committed against the provisions {
this act, /" and concurrent jurisdictio
with the Circuit Courts Of the Unite
= States of all civil and criminal case
: affecting persons who are denied o
I cannot enforcein the courts or judici;
tribunals of the State or localit
wherever they may be, any of th
D rights secured to them by the frs
r section and the construction whic