The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1878-12-12

ground taken by Judge Green-vG: ttiA
the Civil Rights Bill, 50 lar As Il bea:s upon
a case like that OF Taylor Strauders, Is un'
We have always regarded
this dieun of Judge Green as akin TO
that heathenish opinion OF Chief Justice
Taney-yir: that negroes have no rights
which white men are bound to respect
an opinion that Thad. Stevens, in one Of
his extrayagant moments, declared had
doomed its author to everlasting fame
and everlasting fire."
A man of Judge Green's antecedents Is
NOT inclined to recognize any Of the con-
stitunonal amendments, or the laws
made in pursuance thereof, as consitu-
,ional. The war was unconstitutional
the abolition of slavery was uneonstitu-
tional, and the enfranchisement OF the
blacks was Unconstitutional, and pretty
much every change made BY the Republic
cans in he OLD pro5slaveEy regime vs. un.
constitutional. Judge Green is one OF the
Bourbons who have neither forgot nor
learned anything by the VIZ. Hsd he
been member Of the West Virginia leg
islsture on the1eth OF March, 1878, be
would, no doubt, have assisted the.otheF
Democrats Bourbons, Of the State in de
cla1ias that only white persons should
sit on juries in WeS Virginia The
Bourbons who made thAtdeelarStion knew
At the time that such : Law. was in dercga-
ton OF the XIV Article Of the Constitu-
tion of the United States which reads that
.sall persons bora or nAturAlibed in the
United States, and subject to the iurisHiic-
ZION thereof, are citizens Of the Unitei
States and Of the State wherein they re
side. No State shah make or enforce any
law which shall ahrSdge the privileges or
immunities of citiIenso!the United Ssstes,
nor shah any State deprive any person OF
lie, liberty or property, without due
process Of law. nor deny to any person
within it, jurisdiction the equal psoiec'
tiOa Of the laws"
In pursuance Of this constitutional pro
vision Congress passed in March, ls5s, the
Civil Rights BIZ, which in its frss section
provided in the plainest possible terms
50 thst no Bourbon OF the old prC-ssAvery
regime could possibly misundersand Whist
vas meant BY the 18th Article Of the Con-
s,itutiOn, that citizens OF every race and
color, xithcu. regard 70 sar PIE
vSocs condition of slavery or in
voluntary seryit1de. except as $ pun
ishment for crime whereof the party
shall have been duly convicted. shah have
the same right in every Safe and Terrific
n in the United States 10 make and en-
fore contracts; to sue, bspartSes and give
eyS3eoee; to inherit, pGrehGse, lease. sell,
hold. and convey real and personal pro
perry; zad 10 ag azs esdd s1.s q q ilEs
sai p,ea4s5iaa fr II sezrly q ETNA Gni
yrvS<Etg Is . t1i,ya3 b MR. e:iaa.s and
shah hss1biees to like Punishment, pSins
and peaslties aadso none osheG, any iaE,
s.Atrte, ordinance, resUlItioa, o. easOn,
to the contrary notwithstanding"
his l1agsase i plEin beyond mistake
to eruyn1 Of seaeralintsIksenoe- Every
vel pos.ed nan in the United SsS:s
understood the sweep Of this bil; under
Isool TIA. ii Us INTENDED to SCENE TO
eolOred citizens every political and legal
right enjoyed By the white citizen; and
yet our Bourhoas in the tace Of II under
took TO prohibit colOred men iron having
> free aid equal trial by jury in this Ssate
BY excluding persons d color. from the
right to serve on juries- Every Judge on
the beach Otour Court Of Appeals knows
tbs; sneh language meant that no State
should pass any laV discriminating in any
manner &gainS eolorei e;tiDens onSccOuni
Oftbeir color, andthatths act Of our Legs
lature referred to was an st tia: did draw
the color line in the most unmissakable
terms asainst the very elss whose rights
1t r&s the speesalObiees Of the Civil Rights
hin to protect And YET, knowing this
faet Judge Green, who delivered the
opinion Of the Count, undertook to ignore
al that hAd been done by Congress in the
premises by declaring the Gvil Rights
bill 70 he uncnns;itutiOnn This too,
right in the hoe Of decisions bath in
United S:aies and Sss.es Courts, Affirming
the entire oanSitutiOaaliiy OF the lar.
ThrsaEoEiiRg neEProof % the certainty
with which renons;rOesedrehel judges sd
lesiSsatOrs in the South would make way
with the amendments and lars in c4se
they once hai tOl Ssiae 5, them