Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-04-19
From Tho indianapolis Herald, April l6l
Judge Test Declares nlI Negroes
0Infzema

1
| We have before referred to the suit
arising in Tippecanoe county, under the
provisions Of the Civil Rights bill-in which
a negro brought a suit before justice OF
| the peace, for the recovery of wages due
him by the defendant, aud which, after the
intervening steps, was taken up for final
adjudication before Judge Test, of the Cir
cult Court. On Friday the Judge delivered
an opinion in the case, sustaining the court
below. The question raised by the detend-
| ants attorneys was that the plaintiff was
not citizen of the State, and consequently
could bring no action in one of its courts.
The decision involved among other ques-
tiOns the cOnstitutionality OF the thirteenth
article OF the State Constitution and the
laws made under its provisions, and up
on this the defendants rested their ac-
tion. The Judge holds that the status
OF citizenship is universal and general
made so by tie enactments OF the Civil
Rights bill, and all enactments OF the
States contrary 70 its provisions are in
valid and of no force, and In conflict with
the provisions Of the Constitution, which
declares the citizenSOf each State shall be
entitled to all the privileges and inmunitles
of the citizens of the several States and
consequently, like all other persous not
specially mentioned, the negro stands be-
fore the law upon u perfect equality with
his white neighbor. The Judge makes
a technical distinction-nothing more
between ciuH rights and political rights,
and it does not follow because man is
made secure in the enjoyment ofthe former
that he is in the same manner Invested with
all the privileges and responsibilities of the
latter. "These rights must depend upon
the legal laws of the State" The court
fbat thn Civil Ri0hts hill iS in force.
it not having been published by authori-
ty, and until then he could not recognize
its provisions e1 oDciO. But nOtwithstand-
ing this, and without reference to that bill,
he sustains the negro, being fully satisfied
that the plaintiff is citizen of the United
States"-and of course by the Judges
method OF reasoning citizen of the State
of Indiana.
We give an extract from the decision,
touching doctrine which is at present OF
very great moment:
awhile the dangerous doctrine of State
sovereignty, or State supremacy, has been
most signally Overthrown by the triumph
of the Federal Government over the advo-
Gates of this absurd theory, yet the States
have rights which the National Govern
ment can not constitutionally invade.
These rights should be steadily adhered to
if we would preserve the liberty of the
American citizen, subject only to the opin- |
ions and judgment of the Federal courts of
the Union; and while discarding the odi-
Gus dogma OF State supremacy, we should |
not run into the opposite extreme, and for |
get that the State has rights as well as the |
National Government. In fact, that each |
have their legitimate orb in which to re-
volve. Among these undoubted rights is |
that of protecting ourselves from the in
gress of vagrants and paupers. Whatever
may be the power of Congress to declare
who shall, and who shall not be citizens,
they can not force upon the people OF In
diana a class of persons of the description
referred to, and thus far fully concur in
the opinions of the pure and able men who
the Supreme Court in 1852"