as
EWBKRN, ft. v C, APRIL 3, 1866.
Salutatory
oust on ifle cvcui guiug w yico wivu we
TT k. il ! A. a .. mltk 1
it first numoer, we nave Deen striken
Qwnbjr. sickness, which, though not se-1
c3US,iSjust fumcien to incapacitate us
rum paying that attention; to our paper
smanded by a first issue. . Under these
ircumstances we ask the forbearance or
ir friends fof any short-comings. We
tnri TinDiianin? a useiui ana lutcieow-
re newspaper, aiid we will make no
romises we doiiot- intend to redeem:
?1re intendto remodel our sheet at no
i e of the neatest sheets in the country,
itri&sisally the paper must speak for
elf. - ;
We lend this number, and will also
35d the next, to many who are not
-,- 1 . ... . . 1
jribers. After the second issue none
at subscribers will be provided for, and
It
subscriber will be entered on our
vnicft tiu.nnnL Drcviuuoiv uayiul w
ibscription. ' ' . , ' ,V
We cannot refrain from expressing
ut thankfulness for the veiy liberal
which the business men of
, J9 M V " " "
owbern have shown their appreciation
f our enterprise!
Hereafter we will fully explain our
oiition as an editor generally.
J . I s- ' - - - - -
Kt nTfthna. with the rest or tne
States comprising the late Confederacy, is
tterly ruined- thoroughly - and entirely
;Vt -w .w f
rostrated. We do iot urge this as a mat
matter of complaint, npr tpinduce despair
. . f .' I I
A from it. Our Obiect IS 4 to prevail
it.
pon our- peopW high and low, educated
nd uneducated, white and black, capi-
iliAta and laborers, to e'ntirelv realize, and
n face this stern truth, as the nrst ana
. . , . . w ..--. i
int efficient step towards effecting a
oinedv. The monied capital of the State
, heen destroved. its laTjor demoralized,
its lands nave hecome waste places, It is
lothing new in history, this sad picture-
t is the old story the old, old Story,
.vhich has been reDeaUDS itself from the
--- - " -
itrie when " Nimrod was a mighty hunter
-
iefore the Lord V and went out and
Wnded Babvlon. It is but another
Version of " Vac victif "-it is but another
'nstance entered' on the continually grow
iiig' scroll of Olio, to prove, that no matter
hdWpare the hearts of those who imagined
theo, no matter how clean the hands who
conducted them, no matter how sure and
oftj the principles npon which they were
- fouoded, in the opinion of those? who en
gaged in them-for univtctstful revolu
ibni the vanquished parti must jwy the
aen in groans and blood, the women and
nildren in sighs and tears
- Cfre must realize that our State is ruin
d and the character of the Federal
J6vernment greatly; changed from what
was in I860, as the necessary antl legit-
ite consequences of the great war in
hicK wo have , been engaged ; and we
inst accept these results, not only sub
aissively, but cheerfully; It is our duty,
nd at the same time bur interest, so to
accept them; It is a "religious duty to
ursue this course, for it is tho will of
)od that we should endure what wo do ; it
la political duty,foi until such is our state
;-f mind as a people, we will not 50 to
fork energetically to make the most of
t ie circumstances in which we are placed--
S r 1 . -1 ' ' '. . .
-uicn we aou.it are very trying pnes.
iod knows enough' of blood has been
pilled it is time that the nation should
iave repose under a . fit mly established
, xbvetnment, of strength sufileieht to pro
ect property, and of lenity enough to en -ottrage
the return of tranquility It is
he part of eyery good and every wise man
0 tying himself so to feel and tp act that
16 may aid in effecting these most desirable
;nds. v ';; " v ; , ';; ,
Such a course as we have herein recom
uentled. and as we ourselves have deter
nined to pursue in the conduct of this
otrnal, demands no sacrifice of principle
apob the part of Southern men, who from
conscieatieus motives, took active part iu
the abortive effort of'these States to secede
frqtq the Union, or who calmly and man
fully embraced 'the cause of their State
alter she had taken that decisive step.
We should be loath to sacrifice pur prin-
clples, as would all honorable men. For
-the greatest comfort which such 'citizens
can find, in casting , their eyes -oyer the
d esotation ; which : surrounds them, and
whidi has r esulted from the struggle to
enforce the assumed right of secession, is
in ' injB contemplation of the sincere and
mature convictions of right, upon which
they acted at the time ; and it is to these
also, that the judicious friends who differ
ed from us in opinion' and ,who are now
inclined to act with leniency in their hour
of triumph, will point, as the. best apology
wbi can be offered for the course pur.
sued by almost every man in the South
at the inception of the war. It is one
to yield a matter , of political, right
THE qOLIMERClAL.
THE
haying been won from us at the point
oi the sword, ana to ao tnis cneenuiiyr
and gracefully ; and it is quite another to
stultify ourselves to deny our principles
formerly entertained, and to . admit that
t i . nn.iAnii mtl.ia thai
100 .pan.tu cu kuuo
earnest enori or jne ooutu at sepanmuu,
without mature consideration and a sincere
conviction oi rigm,
But thcf time ihas come for us,4 which
BUst always come alter revolutions, when
stern and High principles are oougea to
give way to jthe current of existing cir-
cnmstances: ana in manv a case, wuere
wars have been waged for points of
physical right, they- have been! at last
gladly terminated upon the mere hope of
many a long seigi a garrison ii often glad
t0 fvfcmU, upon tare security of life and
limh A government of naked military
force such as at bresent obtains in all the
sub-lStates which composedthe late Confede-
- r ks
racv. no matter how leniently and wisely
he minUtorpd. ia ! neeessarilv
ends, tyranny begins." And therefore it
is, that amid our private griefs, and anxi-1
etiesforaconniry.ongapraytosocia.
war, and pot likely soon to fall under any
fixed or well i established form of govern-
ment. it becomes our first duty to turn
our eyes in every direction foat we may
discover some power to be sustained by
all the influence we can bring to bear,
which is willing and able to form a liberal
and settled government, that mav super-
nedft the state or ailarcnv in wuicn tne
i : - tv T!1-v1t K inonml
uauon is -.uuierwura "ivcijr y
This power, wherever it may reside, will
find it a very dithcult and dangerous tasK
to rule the political storm which is now
raging, eveu wnen restrained iy an ine
t
1! . .. 1; II. ' 11 il '
force we can bring to bear. It may reside
in a quarter- in which we have not the
fullest confidence ; but the only choice
left us is between that and anarchy.
In times of such mfanite dilhculty, that
must be the best government, however
1.. . ! .... ' I1 .
little desirable an itselt, whicn will most
speedily restore
peace and tranquility to
the land and stop the wounds which con
tending parties are daily inflicting upon
each other. In Pesipent Johnson js to
be found the only authority under which
a steady government can be formed; and
though we T mav have considerable and
recurring doubts, it is to ms lortunes we
should attach ourselves, confidently be
Heving.that ou Sttawillik llcas Itnr
under the sceptfe of his civil administra
tion, as it does now beneath . the sword of
irresponsible 'military power, j I
Among contending parties be is the
strongest, the truest, and most moderate
the boldest and most sagacious, and he
alone is in a situation to settle the nation.
Ambitious he nay be; but he is not the
most dangerous. Some one must be en
trusted with power to preserve and enforce
general order;
and who can- possess or
wield such power, like him that is, at the
same time, the chief -of the victorious
armies of the United States, and head of
the civil government of the nation ? Come
what will in future, peace and the restora
jon of law ought to be our first and most
pressing objects. Interest rex publicse ut
sit finis litium.
is
The New York Tribune savs I that the
1 a .
taxes in this country are heavier than are
or ever were borne by any other thirty
millions of people on earth. Adding our
State and municipal to our national taxes,
and they amount to not a penny less than
$20 each per annum for t
e whole Amer-
ican people.
let us
see. Twenty
dollars per
head for the thirty millions of people con
stituting the United states, makes the
neat little sum,! per 'annum j of six hun
dred millions. Let us not trouble our
selves about the State and municipal pro'-
portions 01 tnisueDt. xney are mcon
siderable. - We will suppose that on : an
average computation the en the debt will
1
be liquidated
and ail taxation cease in
twenty years.
By that time we will have
paid twelve thousand millions of dollars
taxes that is, every man; woman and
child of the thirty millions will have paid
four hundred dollars each. The cause of
this enormous debt and taxation was the
emancipation of four millions of well-fed,
well clad and
emancipation,
contented negroes. J Their
we think,' might at any
time have been secured by the country
compensating
average price
their owners.. At a high
this could have been done
at the rate of five hundred dollars per
head. That jwould have been the peace
cost of emancipation. Whereas the toaf
cost has been, on our very liberal compu
tation of twenty years taxation, just three
thousand dollars per head for the entire
four millions jof Cuffeys. j j
' What does Mr. Greeley think of the
effect of the cause in which he has so long
been engaged ? Let us not remove the
pall which covers the awful sea of blood
mav
iWri:,; nommts thinks those who occupied them can taUe the United btates. It does not purport
its possessors' skys the wisest of BritiA h, - rnS It
statesmen, " and this 1'ki.ow where law carrying the U. S. mail, provided there ckk V . . J T ?
' . ' - ; i. .i 1 " .i. ; n i vv r' r n ' -s -
DAILY COMMERCIAL NEWBERN, X 0, APRIL 3,
shed in this great and costly crusad
slavery, uoa .ojuiigmy wm iu mo vu
good time computate the cost ot that
" Gift Enterpbises." We caution
rtritilifl nirainst tliA swindling "Gift
liVf,.;.. - . " nf the Uv Keaard tiem
. . 0 : J
a8-unmitjgated 8Windles, designed to
rob you. There may be exceptionsbut
we don't know them. The enterprising
firm wbo desires to contract with is to
advertise on(; 0f these concerns U re
tfaliv informed that we won't 4o it.
w nd our colur
columns to no such
schemes at
any price; nor win De
vertise anything we i do not regatd as
legitimate and honest. 1
J Attorney General Speeds his de-
eitfed that the mere fact of having been
a mail contractor or a mail carrier under
the Confederate government, aoes no
bring a person withiu any one of the
fourteen ; exceptions oi iue riucuu D
. . 11 1 j - -j A
amnesty proclamation, inose po"uua
are not CQnsiaerea nriccs , mcicimo
Orange Superior CouRT.-r-At the
Snperior Cnlt oT oranga county, heid
week before last, by Judge Ixilliam, i
nine negroes and two white men Were
-whinned for larcenv. Mr. Settle ap-
reared for the state.1 Necro testimony
was admitted 'between neeroes. as here
r u . -ir
tofore.
We shall be much surprised if some,
few of every shade of color do not, get
. . ! . .'!'..-- I-
their hides warmed at the next term ot
Craven Superior . Court. Something is
x. j j . . . ! v . .i
much needed tp Btop stealing in this
particular locality.
DJ " .
JeerIonI Davis.-A
-
Prayer for
highly esteemed minister m a neighbor-
ing btate remarks in a recent letter :
I have often thought, of late, that if I
I could speak to all the praying people
of the South, I would impress upon them
the thought that it is their special duty
to pray for Jefferson Davis., Surely he
is in prison and in peril,' because. of
what we have done. , He I would not be
'there, if we had not made him ourjChief.
Will the pra ving people j of the South
forget him in these trying hours?"
Christian Observer. ! i ; r
Wayne Superior Court is in session this
week, Judge Warren presiding.!, -
j
STATE ITEMS.
tomof jhtrU. r""11
Raleigh, waa robbed on Tuesday night
last.
A new paper is soon to be commenced
in Raleigh; under the title of u The
Sabbath School Banner." V
Capt j-J, A. Ramsey has been reinstated
as agent of the National Express Compa
ny at Salisbury.
ExGov. Vance has associated himself
in the practice of law, in Charlotte j with
Messrs. Dowd & Johuson. ! I
. . 1 . ! ' if l
Snow. Theie was a small sprinile of
snow in Charlotte on Sunday nigh , and
Monday morning, 26th ult, but it nc tlted
as fast as it touched the ground.
William H. Brown, Esq.j of Hillls oro',
and Charles Wilson, Esq., of that vpki
ty, both highly respected citizeusdied
within half an hour of each othci, on
Tuesday last. H
Mr. Wm. H. Weatherley, of Elizabeth
City, got into a difficulty 4ne dat last
week with a Mr. Trafton. of Cahden
County, which resulted in the deati.of
the latter.
Extensive GoNFLAGRATioNS.-frwo
large fires occurred in Wilmington on last
Monday night, drstroying muchprdiertv
and j many valuable private residetces.
ioth hres are thought to
dental
have
leafacci-
It would be well for all to' rememhei
that the stay law passed by our late
legislature does not apply to any debt
contracted since the first day. off May,
1865. Debts contracted since thai time
may be recovered in the old fashioned,
equitable way. j ; j r
Rascality in Lenoib! A few days
since Mr. ! Wm. K. 1 Jeckton, living in
Lenoir county, six miles! south of Kin-
ston, came to Newbern with a wa
xuau 01 pruuucej anu on his return fohnd
uis nome in asnes, some
fired it in his absence.
wrctch haTing
We learn that
Mrs 1iw1rtAr. A:iJ s.j if
ra,C91l0t,heS, Ar thtorouh s ihe work of
rascality. JSTewbern Times. 1 !
Jjter in the Washington National
Intelligencer, from Milton, N. 0 eives
ir 4VU "ia wouniy m town, and states
u ireeamen everywhere are at work'
3have schools, and even th J
House of Representatives on Wdnedav
recommending that aid he given to tt
xismai owamp Canal, as the Governmlnf
owns two-fifths of the stock, and li-lr
tention to the memorial of the President
r wumaw uu,uuu as
1 !nmtnaAi v
11 ' . It
I oe no oiaer ousiauic
CIVIL, RIGHTS BIIiL..
Xlic President's Veto Message.
fpQ the Senate of the United States;
Iv regret that the bill, which has pass
ed both houses of Congress, entitled
t An act to protect all persons in the
pnited States in their; civil rights and
furnish the means of their. jrindication':
contains provisions which I cannot ap
prove consistently with my sense of duty
to the whole people and my obligations I
to the Constitution oi tne united states.
J. am, tnereiore, constrainea to return it.
to the Senate (the House in which it
originated) with my objections to its
aa-HDeuuunu6 , t .
jons born in the United States and not
Subject to any foreign power, excluding
Indians not taxed, are declared to. be
citizens of "the United States. This
provision comprenends the camese oi
the Pacific States, Indians sjabject to tax-
0,11011, tuu pcuj'ic uaucu y jjaico, o m w.
as the entire Tace designated as blacks,
people of color, jnegroes, inulattoes and
African j,lood. Every iadi
iduai 0f these races born in the United
States is Dv tne Dill made a citizen oi
persons any status as citizens of States,
except that which may result from their
ff$fc?JSi
itizen-hip is jUst as exclusively with the
LeVeral States ks the powerito confer the
riffht of federal citi2enship is with I on
kresa. The right of federal citizenship
thusidto be conferred in the several ex
jcepted ratios before mentioned is now
jor the nrst time proposed to De giy.eu
y jaw If, as is claimed Ibv many, all
'persons who are native born alreadyare,
r 1 . ' e aI .... :-L -rit; C
iny virtue oif me constitution, .ciieuw
the United Btatesthe passage of the
'pending bill cannot be necessary to make
V , - f oU,L hmidi aneh.
persons are not citizens, as may be as-
;Wed fro the . proposed Nfe?
bnflkp. them Rimh. th crravn 'nnp.stion Dre-
pgents itself, whether, where eleven of the
thirty-six States are unrepresented iu
Congress at this time, it is; sound poucy
to make our entire colored population
and all other excepted classes citizens of
the Unit ad r States. Four millions, 01
them have, just merged from slavery into
freedom. ' Can it be reas;pii!ibly supposed
that they possess the refLuisite qualifica
tions to entitle them to all the privileges
and immunities of citizenship of the
United States '( Have the people of the
several States expressed such a convic
tion It may also be asked whether it
is necessary that they should be declared
citizens in order that they may be secured
iu me enjoyment 01 ine civil rignts pro
posed to be conferred bv the bill ? Those
iriirllt.H urn. Kw forlnrnl a' iirall Ktt Hfotn
flaws: secured in nil lJiA ianrA
foreigners, even before Ithe completion
of the process of naturalization and it
w a-u iVUVU UlAVUtf UUU
may sately be assumed that the same
enactments are
protectibn and
k.
Sufficient
benefits '
to
to
give like
those for
wh
seems to have been that persons who are
strangers to, and unfamiliar with, our
institutions and- our lawn should pass
through a certain prohibiti on, at the end
of which, before attaining the coveted
prize, they must give evidence of their
fitness to' receive and f to exercise! the
rights of citizens as contemplated by the
constitution of the United! States, i The
bill in effect proposes : a discrimination
against large numbers of intelligent,
worthy and patriotic foreigners, and in ,
favor of the negro, to whom after loner
years of bondage the avenues to freedom
and intelligence have just now been sud
denly opened. He must of necessity,
from his previous Unfortur ate condition
of servitude, be less informed as to the
nature and character of our institutions
than he who coniint? from! abroad, has.
to some extent, at least familiarized
himself with the principles of a govern
ment to which! he voluhtkrily entrusts
life, liberty and the pufsuitj of happiness.
Yet it is now proposed by a Isingle le
gislative enactment to confer the ricrhts
of citizens upon all persons of African
descent, born within the extended limits
bf the United States, while , persons of
foreign birth, who make cW land their
home; must undergo a probation of five
years, and can only then become citizens
Upon proof that they are of good moral
character, attached to the principles of
the -Constitution of the United States,
and well disposed to the gpod order and
happiness of the same, j The first section
of the bill also contains an enunciation
of the rights to be enjoyed by those
classes so made? citizens jn ever v State
ana .territory in , the Unjted States.
Thes rights are To make and enforce
contracts, to sue, be parties land give
evidence in court, to inherit, purchase,
lease,;, sell, hold and conveyf real and
personal property, and to have full and
equal beneijt of all laws and nroceed-
ings for the security of persons and
property as are enjoyed by white citi
zens; so too, they are made kubiect to
the same punishment pains and penalties
in common with white citizens! and tn
none others. Thus a perfect equality of
the white and colored races is attempted
to be fixed by federal law in every State
nf this Union, over thft tasf. (?ol1
jurisdiction covered by these enumerated
.III' " T'. . . i il ' .1 . r. .
rights, m ; no one oi tnem can any state
exercise any power of discrimination be
tween different races. In the exercise
of State policy ovcrl matters exclusively
Jffecting the peopleof each State, it has
frequently been thought expedient to
discriminate between the two races. By j
Om this bill Provides RiWial' Iporisln..
tion. Besides, the policy of the Govern
ment, from its origin to the! present time.
1866.
the statute of some of the States, North
as well as Sfith, it is enacted, for in
stance, that nOwhite person shall inter
marry with a negro or mulatto. Chan
cellor Kent says, speaking of the blacks,
that marriages between them-and the
whites are forbidden in some of the
States where slavery does not exist,'and
M--Ai,5Wfai in nil fhft slavehold-
; Stfo WUW Vnr, where not aDso-
lutely contrary to law they are revolting
and regarded as an offence against public
decorum. ' i . ; ."-A ,", '
I do not say that this bill repeals
State laws on the subject, of Carriage
between the two races; for as the whites
aro f orbi dden to intermarry with the
blacks, the blacks 'can only -make such
contracts as the whites themselves are
allowed to make, and therefore, cannot
under this bill enter into the" marriage
contract with the whites. I cite this;
discrimination, however, as an instance
of the State' policy as to discrimination,
and to enquire .whether, if Congress can
abrogate all State laws of discrimination
between the two races, in the matter of
real estate, of suits, and of contracts
generally, Congress may not also repeal
the State laws as to the contract 0
marriage between the races, j Hitherto
every subject embraced in the enumera
tion of rights contained in the bill has
been considered as exclusively belong
ing to the States. They all relate to the
internal policy and economy of the re
spective States. They are matters which
in each State concern the domestic con
dition of its people, varying iu each ac
cording to its own peculiar circumstances
and the safety and well being of its own
citizens. I do not mean to say that upon
all these subjects there, are not federal
restraints, as for instance, in the State
power of legislation over contracts there
is a federal limitation that no- State
ghall pass a law impairing the obligations
of contracts; and as tpj crimes, that no
State shall pass an ex post facto law ;
and as to money, that no State shall
maKe anytning but gold and silver a
.legal tender. ' But where can
we
find
federal prohibi
tibn against the power of
any State to discriminate, as do most of
them, between
aliens and citizens, be-
tween artificial
persons called corpora
tions and naturalized persons, in the
right to hold real estate. If it be grant
ed, that Congress cad repeal all State
laws discriminating between Whites and
. blacks in the subjects covered by this
bill, why, it may be asked, may not
Congress repeal in the same way all State J
laws discriminating- between . the two
race on the subjects of., suffrage and
oflice. IfCongress can declare bv law
who shall hold
lands, who shall testify,
who shall have
capacity to make a con
tract i p a State, then Congress can also
by law declare I who, without regard to
race olr color, shall have the right to sit
as a juror or as a judgej to hold any
ofiice, and, finally, to vote, in every State
and .Territory of the United States. As
respects the Territories, they come with
in the power of Congress, for as to them
the law-making power is the federal
power ;-but as to the States no similar
provision exists vesting in Congress the
power to make rulesand regulations' for
them. . H ; -
The object - of the : second section of
the bill is to afford' discriminating pro
tection to colored persons in the full
enjoyment of all the rights secured to
themby the preceding section. It de
clares that any person wno, under color
any law, statute, ordinance, regular
tion or custom, shall subject or cause to
be subjected any inhabitant of any state
or territory to the deprivation of any
right secured or protected:'by this act,
or to different ?punishment, . pains or
penalties on account of .-such' person
having at any time been held in a condi
tion of slavery or involuntary servitude,
except as a punishment of crime, whereof
the party shall have been duly convicted,
or by reason of his colortor race,-than
is prescribed for the punishment of
white persons, shall be deemed ft nilt.v
of a misdemeanor, and on conviction
shall be punished by fine not exceeding
punished by
ousand dollars, or imnrisonment
rt exceeding one year, or both, in the-
w., j-ujs section
seems to be designed to apply to some
exiting or future law of a fctate'or ter
ritory which may conflict; with the provi
sions of the bill now under consideration.
It, provides for counteracting such for
bidden legislation by imposing fine and
imprisonment upon the legislators who
may pass such conflicting . laws, or upon
the officers or agents who shall put, or
attempt to put, them into execution. It
means an official offence, not a cbmmon
crime committed . against law upon the
person or property of the black race,
buch an act may deprive the black man
or his property, but not of his rignt to
liuiu property. it means a deprivation
of the right itself either -by the state
judiciary or by the state legislature. It
is. therefore-assumed that under this
section members of a state legislature
who should vote for laws conflicting with
j the provisions of the bill, that judges
of : the state courts who should render
judgments in antagonism with its terms,
and that marshals and sheriffs who
should, as ministerial (officers, execute
processes sanctioned by state laws and
issued by state judges in execution of
their judgments, could be brought be
fore other tribunals, and there subjected
to fine and imprisonment for the per
formance of the duties which such state
laws might imposed The Jlegislatioti
thus proposed invades the judicial;; power
of the state. It says to every state court
or judgeIf jypu decide that this act4s
unconstitutional ; if you refuse under
the prohibition of a state law to allow
a negro to testify ; if you hold thaisover
such a subject matter the said law is
- - 1 -o--;r
1 t ' 'U I
paramount, and under fMft.
law refuse the exercise of . th0 State
the negro, your error 0f in to
however conscientious, shall th!u
to fine and imprisonment. J a J 1 Jou
prebend . that., the conflicting t??
which the bill seems to contemDf f
likely to occur as to, render u . ls o
at this time tor adopt a mensn SS(irJ
uouuuui cuusiuuuonalitv. In l
placer, this provision of the bill seL Xt
be.unnecessary, as adequate judicjaK
edies could
ld, adopted, to 8
d without invading nL th
desired en
niticsof legislators, always iinportaJ v
preserved in the interest of public w be
without assaihoir ihe-indhbn.u" frtJ,
judiciary; always
js essential to Up
uuu ui iiiuivmua run c r
officet-s, alkays . necessary for thcM
nance 01 puonc peac and order n
remedv Pronbsed hv t'hia cn:.. -Aoo
, . t - cwuuuu seems
be in this resnent nnf nn.l . , n lo
unconstitutional ; for the
constitutioif
guarantees nothing with
crtaioty if ;u
does- nut; insure to the sovor.,i ... .
right off making index ruling laWs in 6
gardto Ml atters.frnsiog wnhiiTtl5;
junsdic ion, subject ooiy to the resJ"
uon, iu . cusrs ui connict with the const"
tution and, constitutional laws 0f tf
United States, the latter to bo WdaS't !e
supreme -law of ;the laud. - The Uhvf
section Tgjves the district courts bf til
United j Sta:tes, ; exclusive -Ccdgnizancev 0f
all crimes ahd offeuecs committed aeaW
the proyifions this act; and coDcurfent '
juiisuiuuuu.Hiiu tins circuit courts of ili
United (States; of all civil, and crimiS
cases affecting persons who' are denied
cannot ten force in the 'courts, or judicial
tribunals of :.the ; state or locality where
the v. may be, any of-the rights "secured
to them by the first section. The con.
struction which 1 have given to tlioV
coud section ia s.renthcned by this third
section .y lor it ma kes clear what kiodf
denial or deprivation of rights secured U
is u ueuiat ui -uepriyawon oi sucli rHUs
in the courts or judicial "tribuuala-ttW
state. .;It stands therefore 'clei oTaoulit
tnat tne onencc and the pcnaltieaprpyidef
in the second seetibn are intended for the
state judge, who, in the clear exercise of
his functions as a judgenot acting mio.
isrerially, but judicially, shall decide con.
trary to jtnis ieoerai law. In rocker words
when a state jiidge, acting' upon a -question
involving a conflict between a state
law and federal Jaw, and bound, accuri
ing to his own judgment and responsiE
ilyj.ivc an impartial decision between
the two, comes to the conclusion that the
state . law is valid and; the federal law's
invalid he mujit not follow the dictates
of his own j udgmeht at the peril of fine
and imprisonment. The legislafivc de
partmcnt of thq government of the Uni
ted States thus takes from the judicial
department of the states the sacred and
exclusive duty, of judicial decision, and
c6nverts the state judge into a.m'ere rnin-1
isterial officer, bpund to decide according
to the J will of c.bngress. It 'is clear that
hi states which deny to persons" whose
rights j are secured, by the first section oi
the bill any of those rights" jalf civif and
' 1 ' " rr . .. ..." . .
criminal cases anectmg tnein? will, by tli
ipruvisiuus ui me inira section, come
under the executive cognizance of the
federal tribunals. ;It follows that if,-
any state which denies to a colored person
any one of all those rights, that person
should commit a crime against the laws of
af state murder, arson,-rape, or any other
crimeall protection and punishment
through the courts of the state are taken
away, and he can only be tried and pun
ished in the federal courts. - How is the
criminal to be tried if the offence is pro
vided for and rJuuishei by federal, law
um law, and, not the state- law,
govern It, is only when, the ;offence does
not happen to be within the pumew of
federal (law that the federal, courts are to
try and and punish him under "anyottcr
hw Then resort is to. be had to tie'
common vlaw, as ; modified and changed
by state legislation, so far -as the
same is uot inconsistent with ' the
constitution and laws ..of the.; UcM
States. So that over t bis vast domain
of criminalV Jurisprudence,) provided,
each state for the protection ef its own
citizens and for the punishment of $
persons who violate its criminal laws, fed
era law, wherever it can be madeo ap
ply, displaces state sIaw. The question
here naturally "arises from - what source
Congress derives its powers to transfer t
federal, tribunals certain ' classes I ot cases
embraced in this section.1 The constitu
tion Expressly declares that the judicial
power of the "United States "shaJi extend
t6 all cases in law and equity ansm up-
der nhis constitution, tne vw I
shall be made under their authority.; to
all cases affecting ambassadors, or other
publicministera and consuls ; to. al cases;
of admiralty and maritime jurisdiction;
to controversies to which the Jmtp
States shall be a party; to controversies
between two states; between fitizfens o
different states; between citizens f 1 ,
one or inore states y between a State
citizens of. another, or different state,
an
the
citizens
tuer
eof;
between a state or
and foreign states, citizens .orsubject'
Here the judicial power of the UQ1,,
States is expressly set forth nd detipeu.
and the act of September 24, 1
tablishing the judicial courts of the i; J1'
ten otates. m contemns unon tuo . -
il or.iiTfa ? n-rio1 rn nror rn5fla QTl
AT- iL . .1 ' n,l 'ill
iimui iu .me- classes euuuic.u. .
above recited clause of the constitutiO"'
This RPnt.nn nf tho hill nnduubtedlY
prebends cases and .authorizes the
cises of powers that are not, - by the c0
stitution within the jurisdiction oi
courts of the United States. : io
i i.: r ' " '
O'