Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1866-03-31

by law who shall hold lsuds, who shall tes.
tify, who shall have cspscity to make con-
tracts in o State, then Congress can also by
law, declare who, without regard TO race or.
color, shall have the right to sit as juror
or ss judge, to hold any office, and finally
to vote In every State or territory Of the
u S. As respects the territories. they come
within the power Of Congress, for as to them
the Law making power is the Federal power
but as TO the States no similar provision
exists, yesling in Congress the power to
make rules aud regulations for them.
The Object OF the second sect Oh Of the
bill is TO afford discriminating protection to
the colored persons n the full erjovmeul of
all tbs rights secured to them hy the pre-.
ceeding section 1t declares that ''any per-
son who under color OF auy law, statute,
ordinance, regulation or custom shall sub
iect, or cause TO be subjected, any iDhabit.
ant OF any State or Territory to the depri-
walton of auy rights secured to him aud
protected 10y this act, or by dlffer ent punish
ment, pain or penalties on account of such
persons having at any time been held in. a
condition cf slavery or involuntary servitude
90 VI NiihiNf "hNFSSi
the party shall have been dolly convicted,
or by eOson Of color or race, than is pre-.
scribed for the punishment OF white persons,
shall be deemed guilty of misdemeonor and
on conviction shall be punished by u fine
not exceeding $1,000, or imprisonment not
exceeding one year, or both, 10 the discre
,ion Of the court" This section seems to
be designed 10 apply to some existing or
future law Of SAFE, which may conflict
with the provisions of the bill under con
sijera'ion. II provides for couuteracting
such forbidden legislation by imposing Gue
and imprisonment upon the legislator who
may pass such conflicting laws, or upon the
tflicers or agents who put or attempt to
put them into execution. 1t means an
oflicial offense, not a common crime com.
mltted against the law, upon the peiSoa or
property of'the black race. Such uu act
may deprive the black man OF his property
but not of his rights 10 hold property. Ii
means deprivation of the right itself by
the Stale Judiciary or the s ate Legislature.
1t is therefore assumed that n,tder this
section any member of the State Legislature
who should vote for laws conflicting with
the. provisions OF the bill, that Judges Of the
State Courts who should render Judgements
in antagonsm with its terms, aud that
msrshals and sheriff, who should, as min
isterial officers, execute any process sane
toned hy the State laws and issued by
State judges in the execution Of their judg
ments, could be brought before other tri
bunals and there subjected TO 6ne aud
Imprisonment, for the performance Of the
duties which such State laws night Impose.
Legislation thus proposed invades the
judicial power Of the State. It says TO
every State Court or Judge: If you decide
that this act is unconstitutional, if you re.
fuse under the prohibition of Stale law
to allow negro 10 testify, If yen bod that
over such subject matter the said law is
paramount, and under color of state law
refuse the exercise Of the right to the negro
your judgment, however conscientious, shall
subject you to 6ue and Imprisonment. ]
do not appreheud that conflicting legislation
which the bill seems to contemplate is so
likely to occur as 10 render it necessary at
this time to adopt measure of such doubt.
full coustitutionality.
10 the next place this provision Of the
bill seems TO be unnecessary as adequate
judicial measures could be adopted to
secure the desired end without invading the
immuuites of legislators, which should al
ways be preserved in The interest of public
liberty without assailing the independence
of the Judiciary which is always essential
TO the preservation OF individual rights,
without impairing the efficiency Of minister
ial officers always Necessary for the maintain
ance Of peace aud order. TIE remedy pro-
posed by this action, seems to be in this
respect not oily an anomalous but
unconstitutional guarantee, for the
constitution guarantees nothing with
certainty if it does not ensure to the
several States the right of making index
ruling laws in regard TO all matters
arising within their Jurisdiction, subject
only 10 the reconstruction in ease of
coIa ct with the constitution and constilu
tional 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 exclusive cogiz loce
of all crimes and offences committed against
the prov isoDs of this oct aud concurrent
jurisdiction with the Circuit Courts of the
United State of all civil and criminal cases
affecting persons who are denied or cannot
enforce in the courts indicial tribunals of
the Stale or locality where there may be
any II the rights secured TO them by the
first section. The language Of this section
confirms the construction which | have
given the second section, for it makes clear
what kind of denial or deprivation Of rights
secured by The lst section was iu conlem.
pla,ion. Ii is a denial. or deprivation Of
such rights in the courts or Judicial trbu-
uais OF the State. 1t stands, therefore.
clear Of doubt that the Ufesse and the
penalties provided in the I'd section ale
intended for the State judge, who in the
clear exercise Of his JUNCTION as Judge,
not acting even minserially, shall decide
TO ibis + deral law, in other
words, when State judge, acting upon
queslioa involving couhIct between a
State law 0nd Federal law, aud bound
according 10 bis own judgment aud
responsibility to give an impartial
decision, between the two comes, to
the confusion that the State law is