The New York herald., 1871-02-21
uE.IEp STATES SUPREME clvar.


Decislons- consti ti,u,iouuIity Of the Cotton Tux
Anirmcd-Tbe Ad valorem Tax ON Indigo
Sustained.
WASHINGTON, Feb. 20, 1871.
Tn, Tne following decisions were rendered In the
Supreme Court today: II. s-.s:.-- =.
No. 9. FagTingtoa u.s. Slundsrs-Error to the CIR
ct t0strt FOR Tenness e-Thls was the case tnvolv-
IaR the cOnstiutOnaity of the cotton tax recently
argued The Court below affirmed Its cOnstltti.
tonaity. Mr.. Justice Nelson now announced
anirmance OF that Judgment by divided Court.
No. 2l0. Nefnoaoh Os. Setuars et 1.-Ei7'0r to the
Circuit Court Jor the District OF Ca,,forata.-This
was controversy concerning Mexican title to
lands in California, the Issue being principally OF
TACT. The Court below sustained the title OF the de-
Jeildans, ana THIS Court ailinls that Judgment Mr.
justice strong delivered the oDihlon.
No. 300 .Nt,JiS CT al. rs. Draper ct Gl.-Error to
the Circuit court for me Southern District or Neto
YorE.-1his was an action to recover an al raIorens
tax on quantity or mdlgo imported by Sturgis &
Co., In 1865 eXacted by the Collector or the port Of
New York And paid under protest. The Court be-
low he the tax 10 have been legally cXacted ana
tns Court air.ls the judgment, holding that. by
proper construction oil the statutes on the subject no
other conclusion be reached. Mr. Justice Clt.
ford delivered the opinion.
No. Is. MtHer cs ACKeazfe-Esror TO The District
Court J)r ACKNOWLEDGEMENTS for want OF jurls.
dctiou. Opinion by air. Justice Nelson.
Cases Argued UoastiIuii of the Civil
fkishfs Act Contested.
No 205. John Blben and George Kennord Us. The
U,tiel States-E,T0r 10 the circuit court tor Tie
District or Kentucky. planiifIs in error were
arrested and committed by magistrate OF the State
OF Kentucky for the muraer OF Lucy Armstrong,
colored woman, OF Lewis county, of that state, In
October, 1868. Pending their trial by the Stae
authorities they indicted In the federal Circuit
Court under the "Civil Rights actn OF April, 1865
which gives the federal courts jurisdiction
u cases. clvl or criminal involving questions of
porsODl righs under the irst section 0i That act.
The party murdered was colored and various Wit
nesses Of the crime We're also persons color and 10y
law oi the state disqua!ed TO tesy against wnites.
ln the federal conr,s colored witnesses were allowed
to testify and sne acetyse9 Were CONVICTED, eQEpp
Cal grounds and upon the iurlnef ground that the
act nnder Which the Court assumed Jurisdiction Was
Unconstitutional. The Court ove,rued the motion
and sustained the act no ding to be Constitutional
III aii Is PROVISIONS. The case IL brought here. the
state OF Kentucky being represented Dv counsel,
Specially to In.t!ntan tue uncousll iondlity vi the
ACT aud II Is c0ntended that there IL warrant for
the act IN the thSteenn amendment the consLitu-
amendment reads
'Neitner slavery nor Involuntary scrvitude except
rs punishment for crime whereof the party shall
nave eeen duly c0Aylctedi snall exist within the
United States Or a1y place Subject 10 their iuflsc-
ton. CONGRESS snail have power. to enforce this
article Dy Appropriate legslatlon.n
The nrst section of the amendment simply
abolished slavery wherever IL then existed in the
United states, and erected onst Nut0nai barrier
against Its continuance or rene w al, and this only.
The second section graitsto Con grtss the power to
enforce .e lrs SECTION Dy prop er legislation; and
that Is simpv authority TO enforce the aDOhrion OF
slavery by suitable legislation to pass sQcn acs as
would insure that no human creature within the
United States should be held in slavery inyoun-
tary servilude by another. Under such q grant of
power. and Tor such purpose only, Congress- under
lakes To regulate the laws OF Contract Within the
staJes by dc laring who shall have the right mako.
and enforce c1ntracs; To promote tue rules reguiat
lE the aS !, risnt Of accon SO far as to DECLARE
laws Oh eVoeuce 80 lar as 10 declare VINO shall DO
witnesses; 10 control the laws oI inheritance, pur
chasing, selling, holding ana conveying real and
personal property; To regulate the matters vi pun
isnment, pans and penaues; to exercise the novel
and startling right to punish o State Judge by
tencc, before federal Judge, to lne and nprson-
mcnt Tor any error or mistake by the State judge
any nhabitant of q State Territory Is deprived of
any OF the rights secured protected by the act in
question: and 20 aiord reasonable protcction to ali
persons In their constitutional rights OF equality
before the law" IL Is Insisted That all these mat
ters provided for IN the various sections OF The
act are foreign 10 Inc scope and meaning OF the
| thlrteeuth auicndment ana that the enforcement
OF none of the rights declared by this neces-
slavery. On the part OF the government 1t is urged
that the powers OF government are never construed
strictly Du, on tile contrary, liDerally, to eectuate
the ends Of government; and it Is intinated that
the theory OF the act Is that class Of citizens can.
not be denied some or ali Of the fundamental rights
declared III the rst section OF the act aud yet he
Free AT tile Tune OF the adoption 0f the amend
ment 1t was everywhere conceded that the rights
belonged TO those Who were formerly slaves;
and In the enlightened Judgment Of man.
kind such rights were essential to their full
and perfect freedom. denial Of civl rights is In.
cdentai TO slavery. In the slave States prior to tie
adoption OF the amendment, 1t had been deemed
essential to the preservation or slavery that none of
that race should be admitted to testify In the courts
IN causes anecting che white race The denial Of all
the rights enumerated In this act had other fOun
dati0n than In the policy which made everything
anecting the colored race subservient to slavery.
The denial OF the right TO testify was also in the
terest OF the nlasier. such disabilities are inconl-
palDle with tho condition OF freedom and the eect
Oh the act was to remove them, and thus dispose Of
and abolish necessary incident OF slavery and the
real bulwark Of the Institution when existing.