Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1866-04-04
VOL. l2.--NQ 80.

real estate fel =
If it be granted that Congress can repeal an
state laws discriminating between whites and
blacks in tho subject covered by this BILL why, IL
may be asked may not Congress repeal. in the
same way, all those laws discriminating between
the two races on the subject of suffrage and Of
hcet If Congress can declare. by law who shall
hold lands, who shall testify whs shall have ca
pacity to make contract in State, then Com
gress can by law also declare who, without regard
to color, shall have the right to sit as J,
juror or as judges to hold any office, and finally
TO vote, in every State and territory in the Uni
ted States. Asrespects the Territories, they como
within the power Of Congress for rs 10 them the
law making power IS the Eedera power T; but rs
to the States no similar provision exists, vesting
in Congress the power 20 make rules and regula.
tions tor them.
pIscRINrNNTivE PROTECTION
The object of the second section of the bill is to
afford discriminativc projection colored per.
sons' n the full enjoyment of all the rights se-
cured to them BY the preceding section it de-
ctaros that "auy person who. under color Of the
law, sstatute, ordinance regulation or custom
shalt subject 10 hc subjected any inhab-
liant of any stitcer Territory to the deprivation
ot any right secured protected by this act, OF
to different punish ment pains, penalties. on
account of such person havin, at any time beeu
held in condition of slavory involuntary
seryitude. except a punishment for criEe
whereof the party shall have been duly convict
ed. or by reason of mis- coior than is pre-
scribed for the punishment of white persons,
shall be deemed guilty of misdemea eanor,. and
eocding one thousand dollars. or imprisonment
not exceeding one year. OF both in the discretion
of the court. -s4s1e.. 8lt ns.1s 5szr e. a. -
This section seems to be designed to appiy to
some existing or future law of State or Territory
which may conflict with the provisions of the bil
now under consideration. 1t provides for conn-
teracting such forbidd sn Legislation by imposing
a fine and imprisonment upon the Legislators who
may pass such conflicting laws. upon the Off
GERS agents who shall put or attempt to putthe
into execution. 1t means an official offence.
person or property of the black man Such an act
may deprive the black man of his property, bus
not of the right to hold property. it means do
privation of this right ITSELF either by the State
judiiary or the State Legislature. 1t il, there
fore. assumed that, under this section. 10 embers
of State Legislatures who ,shoaId vote for laws
conflicting with the provisions of this bill. that
judge of the State Courts who should render
judgments in antagonism with its terms and that
marshals and sherifs who should, as ministerial
officers execute process sanctioned by State laws
and issued by State judges in execution of heir
judgments, could be brought before other tribu
nails, and. there subjected to Q fine and imprison-
onment for the performance of their duties which
such State laws might impose. Z. .s.. 3
ciaI power of the State. 1t says to every State
court or judge. If you decide that this act is
UNCONSTITUTIONAL, if yous refuse under the pro-
hibition of State, to allow negro 10 testify if
you hold that, over such subject matter the State
is paramount, and under color of State law re-
fuse the exercise of the right to the negro, your
error of Judgment. howeyer conscientious, shall
subject You to fine and punishment" I do not
apprehend that the conflicting legislation. which
the bill seems to contemplate is likely to occur
to render Unnecessary at this time to adopt lnea
ure of such doubtful constitutionaliy.
NEEDLESS PROVISION -.aar.s Fs
In the next place this provision of the bill
seems to be Unnecessary, adequate judicial
remedies could be adopted to secure the desired
end without involving the immunities of Legis-
latures always Important to be preserved in the
interest of public liberty without assailing the
independence of the Judiciary always essential TO
the preservation of individual rights, and without
lmpairirg the efficiency OF ministerial officers,
always necessary for the maintenance of public
peace and order The remedy proposed by this
section seems to be in this respect not only
lous, but unconstitutional. for the Consultation
nothing with certainty IL does not
insure to the several States the right of making
and executing laws in regard TO all matters aris-
ing in their Jurisdiction, subjeci only to the re-
striction that in cases Of conflict with the Const
tuition and constitutional laws ofthe United States,
the latter should be held to be the supreme law
of the land. .-, -s.-
. - LEGAL JURISDICTION. -a
The third section gives the District Courts Of
the United States exclusive cognizanees of all
crimes and offences coInn tied against the provis,
ions of this act and concurrent jurisdiction With
the Circuit Courts of the United States Of all civil
and criminal eases affecting persons who are de-
nied or cannot enforce in the courts of judicial
tribunals of the State oriloeality, wherever they
may be, any of the rights secured 70 them by the
6 frst section; and the construction which have
given to the second section is strengthened by this
hird section. for il makes clear what kind Of DO
nial or deprivation of the rights secured by the
i irst section was in contemplation II is denial
,r deprivation of such rights '.in the courts 10
lieial tribunals of the State'' II stands, there
ore. clear Of doubt that the offence and penalties
provided in the second section are intended For
FOR the State judge who, in the clear exercise o.
ais functions as judge. not acting ministerialiy
put jadicialy SHAH decide contrary to this Fed
,ral law. Esiat trisi.Ig @--~ ffe
In, other words, when State Judge seting ap.a
IN q question invo diving aconfict between STATE
aw and Federal law, and bound according 70
is own Judgment and responsibility to gfve an
decision batween the two comes to the
onclnsion th at the State law IL valid and the Fed
,ral law is invalid. he must not follow the dicl
ates of his own Judgment at the peril Of fine and
IN mprisonment The Legislative departm ent Of
he Government of the United States thus takes
rom tho judicial department of the States the
acrod and exclusive duty of judi dicial decision
md converts the State judge into mere minis
eriaf officer, bound 20 decide according to the
will of Congress. assIt r. > aAig = -ass1a
sin PERSONAL RIGHTS is THE STATES os y
tits clear that in the States which deny to per-
ons whose rights are secured. by the first section
# the bill any one Of these rights, all criminal
md civil cases affecting them, will, by the pro-
isions of the third section come under the exciaa
i've cognizance, Of the-Tederal tribunals. 1t fol-
ows that if any State which denies to colored
,erson any one of all those rights, that person
hould commit a crime against the laws Of the
tate murder, arson, rape or any 9th or crime ali
protection or punlsn meht tnrougn the courts OF
he States are taken away aud he can only be
ried and punished in the Federal courts How
the criminal to he tried if the offenss is provi-
led fer md punished by Federal law, that law
nd not the State law is to govern te7sla,
sa4 FEDERAL rrrBuSALs a91t
II is only when the soffensc does rot happen to
e within the purvicw Or the Federal law that
he Federal courts are 70 fry and punish him =
lnder any other law when resort is 70 be b ad to
he common law modified and changed by
tate legislation. SO far asthe same is not incon-
stents with the Constitution and laws of the Uni