Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1867-12-26
JrsrJcE swArNs AND JUDGE oILPrN.

j. s. Supreme Court, recently made a deci-
ion, which in its rcasonings and conclusions
lilfers directly from that Of Judge Gilpin in
lis recent Dover opinion. The decision OF
Justice Swayne was given in case in which
ome white men, who had been convicted
,pon the evidence of a black woman, OF bur-
ylariously entering her house, moved for ar
Test of Judgment upon the ground that the |
Civil Rights Law, under which the indict-
ment was brought, was unconstitutional,
and also upon the ground that kcnfucey
la,o does not permit the admission Of tie
of blacks against tchitc per-
sons.
The decision distinctly affirmed the Con
OF the Civil Rights Act, in az
its features. In doing so, it held this Ian
gage r.
s'The thirteenth amendment ito the Con-
trenches directly upon the power
of the States and of the people ofthe States.
1t is the first and only instance Of a change
OF this character in the organic law"
And after referring to the fact that this
Amendment had been made for sceurity
against the recurrence of sectional con
fiict," as measure of safety for the future,
&C., &c, Justice Swaync proceeded to de-
scribe the two-fold character of the Amend
ment, as abolishing old slave institutions, and
guarding against future ones, precisely con
trary TO Judge Gilpin who stated distinctly,
that "The first section makes the negro race
free. at does nothing more" On the other
hand, Justice Swayne says
The present effect of the amendment was
to abolish Slavery wherever ii existed with
in the jurisdiction of the United States. In
the future, it throws its protection over
every one, of every race, color and condi-
tion within that Jurisdiction, and guards
them against the recurrence of the evil.
The Constitution, thus amended, consc
crates the entire territory of the Republic to
freedom as well as free institutions. The
amendment will continue TO perform its
function throughout the expanding domain
of the nation, without limit of time or
space. Present possessions and future ac-
QUESTIONS will be alike within the sphere OF
its operations.
And as TO the appropriateness Of the
legislation which Congress enacted, intend
ing it to come under the second clause of
the Amendment, Justice Swayne argued
thus strongly
Slavery, in fact, still subsisted in thirteen
States Its simple abolition, leaving these
laws and this exclusive power of the States
over the cmancipated in force, would have
been phantom of delusion. The hostility
of the dominant class would have been ami
mated with new ardor Legislative oppres-
sion would have been increased in severity
Under the guise of police and other regula-
TONS Slavery would have been in effect re-
stored, perhaps in a worse form. and the
gift OF freedom would have been a curse in
stead OF blessing to those intended to be
benefited. They would have had no longer
the protection which the instinct of property
leads its possessor to give, in any form the
property may exist. 1t was 10 guard against
such evils that the second section of the
amendment was framed. 1t was intended
TO give expressly to Congress the requisite
authority, and to leave no room for doubt
or cavil upon the subject. The results have
shown the wisdom of this forecast Almost
simultaneously with the adoption of the
amendment this course of legislative OPP
preston was begun. Hence doubtless, The
passage Of tie act under consideration. Ii
the presence of these facts, who will say il
is not an appropriate" means of carrying
out the object Of the first section Of The
amendment, and necessary and proper ex
ecution of the power conferred by the sec
ond? Blot out this act and deny the con
stitutional power to pass it, and the wors
effects Of Slavery might speedily follow.
would be virtual abrogation Of the amend
ment. 1t would be a remarkable anomal
if the National Government, without thi
1 amendment, could confer citizenship O.
aliens of every race or color, and either
ship, with civil and political rights, on III
Il inhabitants of Louisiana and Floridi
If without reference to race or color, and cal
# not, with the help of the amendment, col
/, fer on those of the African race who ha,
p been born and always lived within I'll
United States, all that this law seeks to Civ
Il them. Ii was passed by the Congress su,
ceeding the one which proposed the amen(
ment. Many of the members of bot
G Houses were the same. This fact is ne
It without weight and significance. The ament
p ment reversed and annulled the origin;
!. policy of the Constitution, Which left il [
u each State to decide exclusively for ftse
c whether Slavery should or should not exi:
Y as local institution, and what disabilitit
should attach to those of the servile rae
within its limits. The whites needed n
9 relief or protection, and they are practical
r unaffected Ivy the amendment. The emanc
i patton which it wrought was an act of gre,
Ii national grace, and was doubtless intendt
" to reach further in its effects, as TO every OF
y within its scope, than the consequences
u manumission by private individual
Is We entertain no doubt of the constitution
|. aliy Of the act in all its provisions
5 After the significant expressions Whit
:. the Judge uses, it seems almost unnccessa
!. to say more. The broad ground of dive
i. gence between the L. s. Supreme Coz
Justice, and the Delaware Court Judge W
. be observed by all when We simply que
:. their conclusions. Judge Gilpin says -
= Il think Congress has exceeded its pow,
g am therefore of opinion that in so far
! the Civil Rights Bill assumes to comp
4, regulate, or control the admission of G
81 'dence in the State Cours,i is inoperati'
Il unconstitutional, and void.
~, But Judge Swayne says =
- F." We entertain no doubt Of tie Cons
!, tutionatity Of he Act, IN oil its pro
"si0nsn