Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1866-04-19

VlclOusly, or Oppres1VeIy, IN disregard OF
law 0 the United States repeat, he ought
to be punished, and it is 40 anomaly to pre-
scribe punishment in such a case. Very
soon after tho organization Of this Govern
ment, in the first years oi its existence, the !
Congress Of. the United States provided for
puDishiDg officers who, under color Of State
law, violated the laws of the United States.
road from the twenty-sixth section Of an
act passed in 1890, providing for the pun.
ishnent Of certsin ofsnses against foreign
ministers. consuls, &C.: .-.i1 a.t 3-tlsr
THAI in case any person or persoPa shah forth
proser any snch writ or process such nefsor oT per-
sous, anda attorneys soiicor1 fFo eceing or so
licng il such case and all officers executing any such
writ or thereof cons ic shalt be hesIu
ed vi1aiors Of the laws or nailois ahd dsfnrher. Of
the public p-se and imFisssd rot e1cesdng three
years, and 6ned At the discfetOn of The court7
By this provision al officers executing
any writ or process in violation of the laws
of the United States are 10 be sgbject to a
much lonter imprisonment than is isproTilcd
by this hill 40 jaw eTr. .I' It
. Mr., JOHNSON. .D,es the Senator cite
from the Statutes at, Large?
Mr. TaUMBULL. I did. e. 'f
Mr.. JOHNSON. What psge2 gy, sa-.-
Mr.. TaUMBULI. Ii is the first volume,
page llS, section twentysix and as my
friend from Maryland seems to be taking
notes of the authorities, refer him to the
first volume Of Kent Commentaries, pages
GAG and 649 in which the author, speaking
of the statutes Of New York, says: E
'he peualty of 800 IL given IN favor o. the pnrty
aggrieyed agai every officer and every m5er OF
the court assent g 70 the refasai -.' r'.r
To grant writ Of habeas corpus where
the party is entitled to it: .....
"The habeas corpus ar, Of Mississippi make. the re.
fusa neglect Of any ju se or judges 10 gu the writ
hi GA m. .sdemsanor aud an im2-achaole ofcnse."
On page 649 the author says: a
And hnally. if any person solely, member
OF any court in the execution OF any order know.
ingly reimprisons suc party forfeits penalty OF
80 the parry aggrev d. and il to he deemed guilty
OF misdem I'D liable to fire ami imprisonment
This applies to any member of a court
who knowingly reimprisons person who
has once been discharged on writ OF hdbeds
corDrs should like to know ii the free
! dom Of maa discharged by writ OF hd5eds
c0rpus is any more sacred than the freedom
| Of the negro disch arged from bondage by
the great constitutional amenlnent, and it
| il is any worse to punish judge who under
| color of law undertakes tn deprive Of his
! liberty n poor African freed from bondage
| hy the Constitution of his country, than it
! is to punish Judge who REIN prisons man
once discharged 90 writ Of haJeas c0rPusF
Sir. there is no novelty in these provisions,
and the times require them. -... .
But. sir, there is another answer, in my
judgment, more conclusive. to all these
objections to this second section, which is
the vital part of the bill, Without it, it
would scarcely be worth the paper on which
the bill iswritten A Alsw-without a penalty
without sanction, is of little value to aey
body. What good does it do for the Legis
I.latnre to say, "Do this, and forbear to dt
that. y if no consequence is to follow the &C
of disobedience? This is the the vitality Q
the bill. What is the objection that il
made to it, ana which seems even to hay
staggered some friends of the measure!
is because it reads in the first section tha
any person who under color of law " sha
commit thes. offsnsss shall be subject to tn
penalties of the law. Suppose those word
had been left out and the bill read. an
person who shall subject any inhabitaht
State to different punishment by reason
his color shall be punished. would ther
have been any objection to the bill then Z,
That is the way most criminal laws read
That is the way the law Furnishing conssplra
oies against the Government reads. 1t tW
or more persons conspire together to ovel
throw the Government or by force to resIs
|
and, upon conviction, to imprisonment !
the penitentiary aud to heavy fine. Woni
, tho fact that the persons engaged in tn
t conspiracy were judges or Governors or mil
Q isterial officers, acting under color OF an
= statute or custom. screen them from punlsl
= ment? Surely not. 80
q These words under color of law !" wel
d inserted as words of Limitation, and not f
Q the purpose of furnishing persons who wou
t not have been subject to punishment und'
Q the act if they had been omitted. II an Q
i Tense is Committed against colored pc
!; son simply because he is eolored, in Sta
!. where the law affords him the same prote
p ton as if he were white, this act neither b
# nor was Intended to have anything to {
with his case, because he has adequate rer
edies in the State courts; but if he is discrirr
q mated against under color Of State la,
( because be is colored, then it becoufes n
j. cessary to interfere for his protection.
It The, assumption that State judges al
l. ether officials are not to be held responsit
l. for violations of United States laws, VIII
y done under color of State statutes or CT
if toms, is akin to the maxim OF the Engli
c. law that the King can do no wrong.
Ie places officials, above the law. 1t is t
very doctriue out Of which the rebellion v
Ii hatched. -. 80.
TO Everything that was done by that wick
u effort to overture our Government was dc
h. under color of Law. The rebels insisted Il
'w they had right to secede. They pas:
of ordinances OF secession; they sat up ST
" governments; and all that they did was de-
a. a. uuier coor oflaw. And If parties &C
"a hitting these high crimes are 10 go +
hs because they acted under color of law, v
~ ~ is not JEFF. Davis and every other rebel CT
hhss discharged at once? Why did this couu
: q put forth all its resources of men and m
H. ey to put down the rebellion against
,at authority of the Government, except 1t
20 Q right TO DO so, even as against those
Ia were acting under color of law? Lee, v
~ his rebel hordes, laundering upon the
Ior skirts Of this very city was acting ur
bis coisr of flaw. Every Judge who has be
he he court in the southern States for the last
M years, and has tried aud convicted OF tres
s men guilty Of no other offense than 10y
i'm to the Union, acted under celor OF law,
s srs Sir, If We had authority by the use OF
nv Army and the war power to put down re
: ~ q acting under color Of law, Iput the ,ques
bat TO every lawyer If we had not anthorit
'sts do that, through the courts and she Jud
"r tribunals if it had been practicabieY w
and may you resort to war? Whffn you cal
in. accomplish the just object OF the war In