The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1866-05-19
Inc civil Rights Law declared Unconstitu-
tional.
JUDGE ABELL's OPINION.
Special dispatch to the Boston h,,n.,,,,


uiSpatch to the Boston Adrertissr.J
WASHINGTON. Nav IL. 1se8.
lt was announced some davs aSo ~ a. a.,
patches from New Orleans tba7 ~. -. '.ie US US
Judges OF Louisiana had declared tbe C;,;I
Rights bill unconstitutional. s,u 1 ra,... 1t'H ~
the case has been received here bv Iii, ~ -
ficial OF the government. 1t appears fiat tho
official in question was judge Abel os the Az
First District Court, sitting in New Orleans
In the case Of the State against two colored
men accused of burglary. A rule was taken
. by the Attorney General and the District Al.
torney to show cause why the matter should
not be transferred, under the provisions of
the Civil Rights bill, to the United States Dis
trlct Court. The judge rendered an opinion
on the merits of the case and then went ON
10 pronounce the bill unconstitutional, be-
cause u was not passed over the veto of the
PRESIDENT by legally constituted Congress.
representing all the States of the Union. But
even admitting the bill to be constitutional.
nc nc uscided That it had been in no manner yio-
ia'eo py the proceedings had, an, that he had
e. eo iI5lI W transfer the case to the United
States District Court. The rule was tberann-
ON dismissed. The argument of the ;n,Joe "a
as follows: vas "iieny'
ms rule involves grave considerations-
FIRST, Is there such an act Of Congress as the
Civil Rights bill Second, ifthere Is Ia n con.
stltutional? And third, if there be such an
act aid it is constitutional, have these parties
brought themselves within its provisiousP
The act relied upon, not having received
the signature OF the President, rests for It's
validity upon the second clause of section 7.
1st article OF the Constitution of the United
States. The law making power is high and
transcendent, and it is not of reason that the
trainers OF the Constitution intended to vest
such power in "two thirds of the members
present" which may be less than majority of
the Senate, as in the present case. Such a
construction would shock republican people
and impeach the wisdom of the founders of
the government
Ii my premises and conclusions be correct.
the Civil Rights bill never became law. ri
am incorrect, is the law constitutional? This
depends upon the powers conferred upon Con-
gress by the several States to regulate their
internal and domestic affairs. If Congress has
exceeded these powers the law is unconstitu-
uonal and not binding upon the courts of the
country. The States at the time of confader-
ating were Independent sovereignties. They
surrendered a portion of their sovereignty to
the Federal government. Ihe rights surren-
dered are defined and fixed by charter-the
Constrtutlon-and the remainder are reserved
in the United States and the people. u
The Constitution OF the United States, and
the laws OF Congress made in pursuance there
OF, is the law o. 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 pun-
ish 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 States, was never delegated to
l'OnOrQcc tc npn Nf he \ -
enumerated in the amendment to the Consti-
tuition, which 1 repeat powers not del
egated to the United States by the Constitu-
ton. nor prohibited by it to the States, are re-
served to the States respectively, or to the
people,"
The Federal Constitution and the laws made
In pursuance thereof is the paramount law.
and, while the Federal government moves In
Its own sphere, is not only paramount, but
like to the sun in the ornament, Is the centre
OF power and attraction to the family OF States.
They, too, in their spheres are as independent
as the stars are of the sun, from which they
borrow their brightness.
Unrepresented Louisiana, patient in suffer-
ing, is devoted to the Constitution and the
laws, but will never consent to lay her sover-
eighty at the feet of Federal encroachments.
party violence. or factious usurpation. |
The Civil Rights bill has been passed upon
by great constitutional lawyer, statesman
and patriot-Andrew johnson. He speaks
like the fathers. He decided it unconstitu-
tional, and vetoed it as President of the Unit
ed States. l am OF the same mind, and be-
heve it to be unconstitutional and not binding
ON this court. In reviewing the Civil Rights
bill have discharged what 1 believe TO be my
duty to the State by Withholding the judicial
sanction OF this Court to bill that appears
to aim at striking down the Independence of
the States, to sap the foundation Of republican
government, override the laws of the State,
and to obliterate every trace of Independence
OF State judiciary, by disgraceful servile ends.