Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-04-16

The majority In Congress, in their eagerness,
before the power p asses from them. to estab-
1ish negro equality-social, legal, and politi-
cal-seem fated to defeat this end by their own
hasty and imperfect legislation. Thus, until
they adopt the views of the President as to the
status Of the Southern States, their pet scheme
the Civil Rights bill, will be imperative in the
very section II was intended to affect. Theex.
ecution of the law is entrusted to the Judiciary
OF the United States, which Judiciary is not
organized in the excluded States and Chief
Justice Chase says cannot be organized until
congress prepares the way by appropriate le-
gislation. The radicals must abandon part OF
their policy If they wish TO ensure the COM
plete success Of the remainder. Thus the
readiest way to make the Civil Rights law
operative in the Southern States, and to bring
the leaders Of the rebellion to trial, will De to
adopt the Presidents policy OF a speedy resto-
ration of the federal relations of the eleven
States now held as territories. Territories do
not have the benefit of the Federal judiciary,
according to Chief Justice Marshall who said;
ssThese Courts, then, are not Constitutional
Courts, in which the judicial power conferred
by the general Government can be deposited.
They are incapable of receiving it,"
Thus the law is Immediately operative only
In the northern and border States, in most of
which its strict enforcement will give but little
satisfaction. This Is particularly the case in
those States which, like Connecticut, are op-
posed to negro suffrage, and those which, like
Indiana. legislate against the negro. The le-
gal contests certain TO ensue will doubtless
strengthen the opponents of the radical policy,
and will, we fear, the end cause a reaction
fatal to the best interests of the colored people
One OF the first test cases reported is in Lafay-
cite, Indiana, where colored man named
Barnes brought suit against a prominent citi-
zen to enforce contract. The defendant, for
answer, sets up that the negro came into the
state in violation Of the thirteenth article of
the constitution OF the State of Indiana, which,
under pains and penalties, prohibits negroes
from coming into the State, and debars them
from all rights to enforce contracts, etc. etc
The plaintiff demurs to the answer, main
tanning that the thirteenth article is void and
OF no effect, because: 1. 1t is in contrayention
OF the letter and spirit of the Constitution of the
United States. ,. 1t is IN direct conflict with
the constitutional amendment aboIishing slave
~. 3. 1t is void under the first section of the
Civil Rights bill. which gives to all persons
born in the United States full right to make
and enforce contracts, any law, statute ordi-
nance, regulation custom to the contrary
notwithstanding. Under the second section of
the Civil Rights bill, Judge Gest can only de.
eide IN favor of the negro, for the reason that
an adverse decision would subject him to the
penalty of one thousand dollars fine and i'm
prIsonment.
Several interesting cases under this law are
also reported in Baltimore an account O. which
we publish to-day The probabilities are that
the consutuuonality of the act will be tested
al an early day.