The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1866-04-04


the subjects Of suffrage and Office II Com
gress can declare by law who shall hold
lands, who shall testify. who shall have ca.
pacity.. to make q contract Ia State, then
Congress can by law declare who, without
regard to color or race, shall have the right
tosit as juror or as Judge, to aoidNany
office, and, finally, to vote IN every
State and territory in the United States
respects the territories, they come with
in the power of Congress, toe as to them
the law making power IS the Federal pow
er; but as to the States no such provision
exists, vesting in Congress the power " to
make rules and regulations for them. :,
The object OF the second section OF the
bill is to afford discriminating prntec tien
10 colored persons in the full enjoyment
ef all the rights secured to them by the pre-
cedins section. Ii declares that any per-
son VINO, under color of any law, statute,
ordinance, regulation, or custom, shall suo
iect, or cause to be subjected, any lnhabi-
tant OF anv State or Territory to the deprl.
walton Of any right secured or projected
by this act, or to different punishment,
pains, o, penalties ON account at such per.
son having at any lime been held in con-
ditlun Of slavery or involuntary servitudc,
except as a punishment tor crime wherein
the party shall have been duly convicted,
or BY reason of his color or race, than Is
prescribed for the punishment OF white
persons, shallbe deemed guilty Of q. msde.
meaner. and, on. conviction, shall be pun
ished by fine not exceeding one thousand
dollars. or Imprisonment not exceeding one
year, or both, in the discretion 81 the
court" This sertIoa seems 10 be design-
ell 10 apply TO some existing or future law
Of a State or Eerriloss which may conilic.
with the provisions Of the bill now under
consideration. Ii provides foe coanteract-
Ing such forbidden legislation b. imposing
fine and Imprisonment upon the legislators
who may pass such couaictlog laws. or
apon the officers or agents Who shall I'ut,
or attempt 20 put, them INTO execution. II
means an official offence, not 4 ccmmon
crime co,nmiltetk against law upln the per-
sons or property OF The black race. Such
an act may deprive the black man Of his
property, but not Of his rgL to huld pro
perty. Il means 4 deprivation OF the right
itself, either by the State judiciary or the
State legislature. Ii Is therefore assumed
that uoder this section members OF State
legislatures. vino shoald vote fur laws con.
dieting with the provisions Of the bill, that
Judges Of The State courts who should rem
der judgments in antagonism with It's term.,
and that lnarshals and shrrltfs who should,
A. ministerial officers, execute plocesse,
sanctioned by State laws and issued b.
safe lodges in execution Of their ludg.
ments, could be broagit before other irl-
bunals aud there subjected 10 tihe aud i'm.
prisonment Tor the perform nee OF the du.
les which such State laws might impose.
The legislation thus proposed invade,
the judicial power Of the State. II say. ID
eyery State Court Or Judge, Il yuI decide
tiat this act Is ncnnstltutianll-h you
refuse. under the prohibition ol ; ate law
10 allow a negro 10 testlfy-if you holt
that over such a subject matter the Stat,
law is paramount, aud under culo'' OF !
State law refuse the exercise Oi the RICH
10 the negro-yo0f error Of judgment, how
ever conscient ,ous, hall su1isct you 70 iin'
and Imprisonment do not apprehent
that the cent citing legislatIsn. which th,
DILL seems TO contemplate. : 50 likely L
occur as 10 render il necessary AZ this tim
10 adopt measure Of such Doubted cOnsti
tutionality.
In The next place. this provision ct ih
bill seems 10 be unnecessary, a adequate
judicial remedies could be adopted TO s.
cure the desired enl without invading III
immuuities Of Legislators. always impor
tant 10 be preserved 10 the interests Il pub
lie liberty without assailing the lndepen
dense Of the judiciary, always essential I
me preservation d individual rights; anI
without impatring The efficiency Of minis
terial officers, always necessary for th
maintenance Of public peace and order
The remedy proposed BY this section seem
TO he, in this respect, MT only an0malou