Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-05-25
THE UNCONSTITUTIONA OFTHE
CIVIL RIGHTS BILL.

From the New Orleans Correspondent Of the
Chicago Times.
The Judiciary is gradually asserting its
high prerogatives over the unconstitutional
acts Of the Radical Rump Congress. Judge
Abel, Of the First District Court of New
Orleans, on rule TO transfer certain negroes
accused of burglary for trial before the
United States District Court, under the pro-
visions of the Civil Rights Bill, yesterday de-
clared this bill unconstitutional, because it was
not passed over the veto of the President
by a legally constituted Congress, represen-
ting all the States of the Union. The Con-
stitution requires two-thirds of both Houses,
representing all the States, 10 pass a bill
over the veto Of the President, but on the
Impeachment Of the President two-thirds Of
the members present may convict. The judge
says:
when the President of the United States
is on trial, Chief-Justice shall preside, and
no person shall be convictad without the
concurrence of two-thirds of the members pre-
sent" In this case two-thirds of the MEM
berS may remove. The same power could
have been granted TO two-thirds Of the men,
bers present to make law over the veto Of
the President. The law-making power is
high and transcendant, and it is not Of rea-
son that the trainers of the Constitution in
tended TO vest such power in 'two-thirds
Of the members present." which may be less
than a majority of the Senate, as in the
present case. Such a construction would
shock a republican people, and impeach the
wisdom OF the founders of the Government"
But admitting this bill to have been pass
cd in accordance with the required forms of
the Constitution, Judge Abell still holds it
to be unconstitutional because the power to
try and punish the inhabitants of indivi-
dual States was never delegated to Congress.
He correctly decided that:
"The Constitution of the United States
aud the laws of Congress made in pursuance
thereof is the law Of the land, and binding
on all the courts of the States, but in order
to be binding Congress must be restricted to
its delegated powers. The right to try and
punish the inhabitants of the individual
States, of whatever race or color, for offences
committed by one inhabitant of State
against another, and to preserve the general
police and good order Of the State, was never
delegated to Congress, and is Of the reserved
powers enumerated in amendment of the
Constitution, which | repeat:
"The power not delegated TO the United
States by the Constitution, nor prohibited by
it to the States, are reserved to the States
respectively or to the people"
Judge Abell, who has always been the
strongest kind of Union man, and one of
the most loyal men of Louisiana, concludes
his opinion as follows:
"Unrepresented Louisiana, patient iii sut-
fering, is devoted to the Constitution and
laws, but will never consent to lay her SOW
ereignty at the feet of Federal encroachments,
party violence, or factious usurpatiOns.
"TEe Civil Rights Bill has been passed
upon by great constitutional lawyer, states
man aud patriot, Andrew johnson. lie
speaks like the others; he decided it uncon-
stitutional, and vetoed it. as President of the
United States. am of the same mind, and
believe it to be unconstituGonal-not bind
ing on this court.
"In reviewing the Civil Rights Bill, /
have discharged what believe to be my
duty to the State, by Withholding the judi
cial sanction of the court TO bill that APP
pears to aim at the striking down the indie
pendence of the States, to sap the foundation
of republican government override the laws
of the State, aud to obliterate every trace of
independence Of State Judiciary, by dis
graceful servile ends"