The Cadiz sentinel. [volume] (Cadiz, Ohio) 1864-1911, 1866-04-04


/ crimes, that no State shall PASS an cE post
! fJc'n law; and as 20 muRry, that no State
I shall make any thing 6ut gold aud silver a
! legal tender.
But where csn We find a Federal prohi-
I bitiOn against the power of any State 10 dis
| criminafc. as do most of them. between
aliens and citizens, between artificial persons
called corporations, naturalizrd persons in
I the night to hold real estate. fit he grant
/ Cd that Congress can repeal all State laws
discriminating between whites and blacks in
| the subjects covered by this BILL why, IL may
be asked, may not Congress repeal in the
sarlG way all State laws discriminating Le-
tween the two races OH tha subject of sui:
! ifage and 0tfice2 II Congress can declare
hy law who shall hold lands, who shall tes-
tiiy, who shall have capacity to make con
tracts in a State, then Congress can alse by
law declare who, without regard to race or
color shall have the right to sit as a Juror
or as judge, to hold any office, and finally
to vote in every State aud territory of the
| United States.
As respects the Territories they come
within the power of Congress for, as or
thepl, the law making power is the federal
power, But. as to the States, no similar
D
power to make rulcS and regulations for
them. The object for the second section Of
the blil is to afford discrimination and pro
lection to colored persons in the full enjoy
ment Of all rights secured to them by the
preceding section.
1t declares that any person, who, under
color, statute. or finance, regulation or Gus
tom, shall subject or cause to be subjected
any inha bltant of any State or territory to
the deprivation of any right secured or
protected by this act or tn different punish
ments, pains or penalties, on cccount Of
such persons having at ans time been held
in condition Of slavery or involuntary SER
vitude except as punishment of crime,
whereof the party shall have duly been
convicted, or by reason Of color or race,
than is prescribed for the punishment Of
white persons, shall be ccemed guilty Of a
mifdem amor, and, on conviction, shall be
punished by fine not exceeding one thousand
| dollars, or imprisonment not exceeding one
year, or beth, in the discr tion Of the Court
This section seems to be designed to ap-
ply to some existing and future law OF a
State Or Territory whi,h nay conflict with
the provisions Of the bill How under consii-
Grafton. 1t provides for counter acting
such forbidden legislation, by imposing fine
and imprisonment upon the legislator who
may pas3 such conflicting laws, or upon the
officer or agents who shall put, or attempt
to rut, them into execution
Ii means an official offense, not common
crime, committed against law apon the per-
son or property Of the black race. Such an
act may deprive the black man Of his pro
pcrty, but not Of his right to hold property.
II means deprivation of the right itself,
either by the State Judiciary or the State
Legislature
1t is, therefore assumed that under this
section mem berS of State Legislature, who
should vote for laws condicliug with the
provisions Of the bill; that the judges of the
State Courts who should render Judgements
il antagcnis m vjth its TENS, and Marshals
and Shcrfs who should. As ministerial of
ficers, eqccute processes sanctioned by State
laws, issued by State judges, in execution
Of their judgements, could be brought be-
fore other tribunal, and there subjected to
fine a nd Imprisonment for the performance
Of the duties which such State laws may
impose.
The legislation thus proposed nvades the
judicial power Of the State. Il says to every
State Court or judge, if you decide that this
act is IN uuti You Iefls.. under
the prohibition Of a State law, to allow a
negro to testify, you hold that even in such
subject matter the said law is paramount
under color of State law, or refuse the cx-
ercise OF the right to the negro, your error
0fjudgemcnt, however conscious, shall sub
jcct You to fine and Imprisonment.
| do not apprehend that the conflicting
legislation which the bill seems to contcm-
plate, is,so likely to occur as to render ii
necessary at this time to adopt measure
OF such doubtful constituti0uaiity In the
next place this provision OF the bill seems
to be unnecessary, as adequate judicial rem
edies could be adopted to secure the de-
sired end without invad ng the imnunities
OF legislators always important to be pre-
served in the interest of public liberty, with
aSsailing the independence of the judi
ciary, always essential to the preservation
of individual rights and without impairing
the efficiency Of ministerial tficers always
necessary for the maintenance of public
peace and order.
The remedy proposed by this section
seems to be in this respect not only anom-
tutiCn guarantees nothing with certainty if
Of making index railing laws in regard to all
matters arising within their ju isdiction,
subject only to the reconstruction in the ca
ses Of conflict with the constitution and Con
stitutionaI 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 Cni!e1 States exclusive cognizance
Of all crimes and oiienses committed against
the provisions OF this act, and concurrent
turcsdiclion with the Circuit Court of the
United States, OF all civil and criminal ca
seS affecting persons who are denied, or can
not enforce in the Courts or judicial tribu
mails Of the State or locality where they may
be, any OF the rights secured to them by
the first section OF the construction which
| have giaen to the second section, for it
makes clear what kind Of denial or depriva-
ton Of rights secured by the first section
was contemplation.
It's denial or privation Of such rights
in the courts Or judicial tribunals of the
State. 1t stands therefore, clear of doubt,
that the offense and the penalties provided
in the second section, are intended for the
State Judge, who, in the clear exercise of
bis functions as Judge, not acting minis.
terially but iudcialy, shall decide contrary
to this Federal law
In other words when State Judge,
acting upon question involving a conflict
between q State law and federal law, and
bound according to his own judgement aud
responsibility to give an impartial decision
between the two, comes TO the conclusion
that the State law is valid and f.dera law
invalid, he must not follow the dictates of
bis own judgment at the peril of fine and
imprisonment.
The legislative department of the United
States thus takes from the judicial depart.
ment ol-the States the sacred and exclusive
duty Of judicial decision, and converts the
State judge into mere ministerial officer,
bound to decide according to the will Of
Congress