The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1866-03-28

Il
By hw declars who vishost regard to race ol
color shall have the right to sit - juror Of
as judge, to hold any office and finally to vot.
IN every State and Territory Of the United
States.
i As respects the territories, they come within
the power Of Congress, for ias to them the
law making power is the federal power bnt
as to the States no similar provisions exis,
lvesting in Congress the power to make rules
and regulation for them.
The object Of the I'd section Of the bill is to
afford discriminating protection to colored
persons in the full enjoyment of all the rights
secured to them by the preceding section. II
declares that any person, who under color oil
any law, statute, ordinance, regulation or
CUSTOM shall subject or cause to be subjected
any inhabtant of any State or territory
to the deprivation of any right
security or protection by this act or to differ
ent punishment, pains or penalties, on account
of such person having at any time been held
in condition of slavery or involuntary SER
vitude except as a punishment Of crime
whereof the party shall have been duly con-
yicted. or by reason Of color or race, than is
prescribed from the punishment Of white per-
sons, shall be deemed guilty ofa misdemeanor.
and on conviction shall be punished by fine
not exceeding one thousand dollars or impris.
onment not exceeding one year, or both, In
the discretion Of the Court.
| This section seems TO have been designed
TO apply to some existing or future law Office,
State or Territory, which may conflict with
the provisions of the bill nUw under consider
ton. II provides for counteracting such for.
hidden legislation, by imposing fine and i'm.
prisonment upon the legislators who may
pass such conflicting laws, or upon the OF
hcer or agent, who shall put or attempt to
put them into execution.
1t means An Official offence, not common
crime committed against law upon the person
| or property OF the black race. Such an act
may deprive the black man Of his property,
but not Of his rightto hold property 1t means
q deprivation OF the right itself either BY the
State Judiciary or the State Legislature. It
| is therefore assumed that under this section
members ola State Legislature who should
vote tor laws conflicting with the provisions OF
the hill, that Judges ofstate courts who should
render judgments IN an,agenism With its terms.
and that msrshals and sheriffs who should
as min s,eral officers execute processes
sanctioned by State laws.and issued By State
Judges in execution of their judgements.
could be brought before other tribunals, and
there subjected to fine and imprisonment, for
the performance Of the duties which such
State laws might impose. The legislation
thus proposed, inyades the Judicial power Of
the State. II says to every State, Court, or
Judge, if you decide that the act
lis unconstitutional, if you refuse under
| the prohibition oil State law to allow q negro
to testify, ifyou hold tha. even as such sub.
jeci matter, the said Law is paramount under
colour OF State Law, refuse the exercise Of
the night TO the negro, your error of judg
ment, however conscientious, shall subject
you 10 fine and imprisonment. do 10, Ap-
prehend that conflicting legislation which the
bill seems 70 contemplate Is so likely to occur
as 10 render il netersary Of such doubtful
! consttunonality.
In the next place this provision Of the bill
seems to be unnecessary as adequate judicial
remedie. could be adopted to secure the de-
| sired end without inviting the immuni;ies Of
| legislation always important to Be preserved
| in the interes, Of public liberty without az
sailing the Independence of the judiciary ul-
wsys essential 10 the preservation Of individ-
nai rights and without imnairing the eflic;en-
| cy Of ministerial offices always necessary for
1.-The maintenance of public peace and
order. The remedy proposed hy
this section seems TO be N this re-
| spect. not only Anomalous. bu. unconssitntion.
al for the Constitution guarantees nothing
several States, the right OF making index rul-
ing laws in regard to all matters arising with
in their jurisdiction. subject only to the re
construction in cases Of conflict with the
1 Constitution and Constitutional laws Of the
| United States. The latter To be held as the
snpreme law of the land. The third section
gives the District Courts the United States,
exclusive cognizance Of all crime and offences
committed against the provisions oil the act
and concurrent jurisdiction, with the Circuit
Court of the United States, Of all civil aai
criminal cases, affecting persons who are
deemed or enforce in the Courts or Judicial
tribunal Of the State or locality where he
may be.
Any Of the rights secured TO them by the
first section the construction which have
| given to The second section. for it makes clear
what kind of denial of deprivation OF rights
recured by the FIRST section was in contempla-
t;icn It is denial or deprivation Of such
rights in the courts or judicial tribunals ofthe
State. 1t stands therefore clear o. doubt, that
the offence and the penalties provided in the
I'd section are intended for the State Judge who
| in the clear exercise ofhis functions as Judge
not acting ministerialIv. but judieialy, shall
decide contrary to this federal law, or in
4 other words, when State Judge acting upon
a question involving q conflict between a
State law and federal law, and bound accur.
ding to his own Judgment aed responsibility
to give au impartialdecision between the two
comes to the conclusion that the State law ii
valid and the federal law invalid. he mus,
mot follow the dictates Of his own judgment
under penalty Of fine and imprisonment. The
Legislative department of the Government
Eof the United States, thus takes from the iu
!, dicial department the States the sacred ant
J exclusive duty Of judicial decision and con
} verts the State judge into mere ministeria
!, officer, bound TO decide according to the vii
; Of Congress. 1t is clear that in States whicl
J depy to persons whose rights are secured b,
the frst section of the bill. Any one OF thes'
rights in al criminal and civil case safiectin,
: them will like the provisions Of the thrs
: sect on come under the executive cognizanc,
Of the federal tribunal. II follows that it may
which denies 20 colored person any one o
all these rights, that person should com
: init crime against the laws Of State
, murder, or any other crime, all pro
lection and punishment through
the courts OF the State Al e taken away, and h
] can only be tried and punished in the fedora
! courts. How is the criminal to be tried i
1.-The offence is provided for and punished b
e federal law? That law and not the State la,
D lis to govern. 1t is only when the offenc
does not happen to be within the power G
9 the federal Law, that the federal courts are /
/ try and punish him, under any other Ia,
2 then resort is to be had to the common la,
| as modified and changed by State legislation
/. so far as the same is not inconsistent with til
n constitution and laws Of the United States
2 so that over this vast domain of crimins
!. uresprudence provided by each Stats for tn
4 protection ofits own citizens, for the pur
d ishment ofail persons uho violate the Grim
!. linaf law