The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1867-12-12


Eg'WE referred last week to the decision of
Judge Swayne, of the Supreme Court of the
United States, holding that the Civil Rights Law
Is constitutional.
The following is an extract from the decls ion
of Judge Swayne
"When the late civil war broke out, slavery Of
the African race subssted In fifteen States of the
Union. The legal code relating to persons in
that condition was every where harsh and severe.
An eminent writer said; They cannot take
property by descent or purchase and oil they
find and all they own belongs to their master.
They cannot make contracts and thev are deprived
of civil rights They are assets for the payment
of debts, and cannot be emancipated by will or
otherwise to the prejudice CREDITORS 2 Kent s
Com. 281 282. Ina note it is added In Georgia,
by an act of 1929 no person is permitted to teach
slave, negro, or a free person of color to read
or write. SO in Virginia. BY statute of 1880,
meetings OF free negroes to learn reading or writ
ing are unlawful, aud subject to corporal pun
ishment; and 1t is unlawful for white pursons to
assemble with free negroes or slaves to teach
them to read or write. The prohibitory act of
the Legislatures of Alabama, passed at the session
OF 1872, relative 10 the instruction to be given
TO the slaves or free colored population, or ex-
hortatlon, or preaching to them, or any mis-
Them is sufficiently penal. Laws OF similar i'm
port are presumed to exist in the other slave
holding States, but inLouisana the law on the
subject Is armed with ten-iod severity 1t not only
iorbids any person teaching slaves to read or
write, but 1t declares that any person using Ian
guage In any public discourse from the bar, bench
stage or pulpit, or in any other place, or In any
private conversation or making use OF any sign
or actions having tendency to produce dlScon-
ttnff
ordination among the slaves, or what shall
be knowingly instrumental In bringing into the
State any paper. book, or pamphlet havinga like
tendency, shall, on conviction, be punished with
Imprisonment or death, at the discretion of the
Court
Slaves are imperfectly, II at oil, protected from
the grOssest Outrages by the whites Justice was
not for them. The charities and rights of the
domestic relations had no legal existence among
them The shadow of the evil fell upon the free
blacks. They had but few civil and no political
rights In the slave States. Many of the badges
of the bOndm0n's degradation were fastened
upon them. Their condition, like his thonrh
not so bad, was helpless and hopeless. This is
borne out by the passages we have given from
Kent's Commentaries. Further research would
darken the picture. The States had ALWAYS
claimed and exercised the exclusive right TO fix
the status Of all persons living within her jurls-
dlctiOn.
On the list Of January, 1863 President Lincoln
Issued bis proclamation of emancipation. Mis-
souri, aud Maryland abolished slavery by thoir
own voluntary action. Throughout the war the
African race had evlnced entire sympathy with
the Union cause AT the close of the rebellion
two hundred thousand had become soldiers in the
Union armies. The race had strong claims upon
the Justice and generosity of the nation. Weiyhty
considerations of policy, humanity and right
were superadded. Slavery, in iact still subsisted
In thirteen States. It's simple abolition. leaving
these laws aud this exclusive power of the States
over the emancpated In force, would have been
q phantom of deluslon. The hostility of the
dominant class would have been animated with
new ardor. Legislative oppression would have
been increased In severity. Under the guise of
police and other regulations, slavery would have
been In effect restored, perhaps in worse form
aud the gilt OF freedom would have been curse
instead Oi blessing to those intended tO be
benefited. They would have had no longer the
protection which the instinct of property leads
us possessor to give In whatever form the prop
erty may exist. II was to guard against such
evils that the second section of the amendment
was framed. It was Intended to give EXPRESSLY
10 Congress the requisite authority, and to leave
no room Tor doubt or cavll upon the subject. |
The results have shown the wisdom of this fore. |
'ast, Almost simultaneously with the adoption
u the amendment this course of legislative op- |
preston was begun. Hence, doubtless the pas |
age OF the act under consideration. In the |
presence OF these facts, who will say II Is not an
appropriate" means Of carrying out the object |
u the hrst section Of the amendment, and nee |
,ssary ahd proper execution OF the power con- |
erred by the secondl Blot out this act and deny |
he constitutional power TO pass IT, and the worst
elects Oi slavery might speedily follow IL would
" virtual abrogatlon Of the amendment
1t would be u remarkable anomaly Ii the Ma
lonal Government, without this amendment
ould confer citizenship on aliens of every race
,r color, ana citizenship, with civil and political
lghts, ON the inhabitants of Louisiana aud
florida, without reference 10 race or color and
an not, W lth the help Of the amendment. confer
IN those Of the African race who have been born
md always lived within the United States. ali
hat this law seeks to give them.
It was passed by the Congress succeeding the
ne which proposed the amendment Many OF
he members OF both houses were the same.
This fact is not without weight and sIrnla.
ance. AeCaltoch rs. Aaryiand, Wheat, 4V1.
Inc amendment reversed and annulled the
riglhal policy of the Constitution, which left II
D eaeh state to decide exclusively for itself
'he!ner slavery should or should no. exist as a
Dcal lhstitutloD, and what disabilities should at
ach 10 those Of the servlle race within lis limits
ne whites needed no relief or protection, and
ley are practically unaffected by the amend
tent, The emancipation which Il wrought was
u act OF great national grace, and was doubtless
ltehded to reach further In It's effects as to every
ne Within It's scope, than the consequences of
lanumlsslon by private individual.
We entertain no doubt ofthe COnstItutonallty